Contrarian Corpus
short seller research note follow up
2020-02-10 · 7 pages

Burford Capital BUR

Burford's dismal H2 2019 — 85% YoY collapse in realized gains, Petersen sold to its own fund, vanishing cash, and a lost Perry Ellis ruling — validates Muddy Waters' short thesis on aggressive marks and a flawed model.

N 4 Narrative
V 1 Visual
C 1 Craft
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Thesis

Muddy Waters argues Burford Capital's H2 2019 trading update validates its August 2019 short thesis. Net realized gains for the second half were just $1.9M-$11.9M, an ~85% YoY collapse against an investment book that had grown 45%, exposing aggressive marks tied to a flawed business model. Roughly 67% of 2019 net realized gains came from a single case (Petersen), and the June 2019 Petersen sale appears to have been anchored by a Burford-managed fund — raising market-manipulation concerns and questions about Argentine-peso/Peronist payment risk. Burford's cash position fell from a touted ~$400M in August to $192M at year-end, and a Florida judge eviscerated Burford's Perry Ellis appraisal-rights claim, undermining management's 'complex strategies' narrative. Muddy Waters renews calls to disclose the Petersen mark and historical fair-value gains.

SCQA

Situation

Burford Capital is a UK-listed litigation finance firm whose earnings rely on fair-value marks of an ever-expanding portfolio of legal claims, with a single Argentine case (Petersen) historically driving outsized realizations.

Complication

H2 2019 net realized gains effectively collapsed ~85% YoY, ~67% of FY2019 gains depended on Petersen, the Petersen sale appears partly to a Burford-managed fund, and cash plunged from a claimed $400M to $192M.

Resolution

Disclose the Petersen carrying mark and historical gross fair-value gains by period, including outcomes of appraisal-rights claims, so investors can assess earnings power, impairment risk, and liquidity rather than relying on management spin.

Reward

Transparency would expose how aggressively Burford has marked claims and confirm the short thesis: investors avoid catastrophic downside from impairments, liquidity squeeze and refinancing strain that the deteriorating cash-on-cash returns (8.3% in 2019) imply.

The three reasons

  1. 1

    H2 2019 net realized gains collapsed ~85% YoY despite a 45%-larger investment book

  2. 2

    67% of 2019 gains came from Petersen — sold partly to a Burford-managed fund

  3. 3

    Cash fell from a claimed $400M to $192M; Perry Ellis appraisal gambit lost in court

Primary demands

  • Disclose the carrying mark on the Petersen claim
  • Disclose historical gross fair value gains by period
  • Disclose the history and outcomes of fair value gains from appraisal rights claims
  • Stop substituting January 'unrealized gains' commentary for fiscal-year results

KPIs cited

H2 2019 net realized gains
Only $1.9M-$11.9M, implying ~-85% YoY at midpoint
Petersen contribution to 2019 net realized gains
67.0% (calculated at midpoint of guidance)
H1 2019 vs H1 2018 investment assets
+45% ($1,768.4M vs $1,218.0M consolidated)
Cash on hand
Fell from ~$400M claimed in Aug 2019 to $192M at year-end 2019
Net realized gains as % of investment value (2019E)
8.3% — worst year since 2014 on a cash-on-cash basis
Perry Ellis appraisal demand
>2.5x the approved sale price; ~$70M premium sought, denied by court

Pattern membership

Where this document fits across the library's 12 rhetorical / structural patterns.

Precedents cited

  • Muddy Waters' own August 2019 'MW is Short Burford Capital' initial report
  • Perry Ellis appraisal-rights summary judgment (Florida, Feb 3, 2020)

Notable slides (4)

Notes

Word-style memo on Muddy Waters letterhead — not a slide deck. Page 1 is the firm's standard Terms of Use disclaimer (signed Carson C. Block as Director of Research). Document is a follow-up to the August 2019 initial short report on Burford, framed around Burford's H2 2019 trading update and the Feb 3, 2020 Perry Ellis ruling. Author inferred from masthead; no signature block at end. Three small embedded tables (pp.3,4,6) carry the quantitative argument; otherwise pure prose. Tone is adversarial with notable rhetorical flourishes ('bullshit', 'grandmother/grandfather adage', 'painted the tape').