As stocks plunge, Usana sues Minkow over report
He's scheming to reap $$ from lower share prices, health firm says
In a complaint filed Thursday in U.S. District Court in Salt Lake City, Usana charges that Minkow authored and published a report "calculated to defame Usana and lower its stock price, so as to allow Minkow to benefit from his short position in Usana's publicly-traded stock."
Minkow distributed a 500-page report to officials at the U.S. Securities and Exchange Commission, the Federal Bureau of Investigation and the Internal Revenue Service.
The Wall Street Journal picked up the story, running it Thursday on the cover of its Money & Investing section.
That helped to fuel a sell-off of Usana's shares, which closed down $8.92 at $49.85 Thursday on the Nasdaq Stock Market. On Friday, Usana shares lost another 60 cents, or 1.2 percent, to $49.25.
"Minkow is simply looking to line his pockets based upon a hodgepodge of misinformation, half-truths and outright lies," said D.J. Poyfair, an attorney for Usana. "Usana is regularly identified as the gold standard in network marketing by state and federal regulators."
Minkow does not deny his stock interest in Usana. In fact, he said he disclosed his short position 225 put options in a letter to Usana that accompanied his report.
Usana issued a statement Friday saying that Minkow's campaign was financed by a paying client and Minkow will profit personally.
Minkow charges that Usana's senior management and directors exercised $95 million in stock options even as the company authorized $140 million in stock repurchases.
"None of that is illegal," Minkow said. "But where did they get the $140 million? From the people that they lied to and told that they were going to succeed in this multi-level marketing business. That's wrong. That's evil."
Minkow alleges that 85 percent of current Usana distributors are losing money and 74 percent of distributors fail within the first year.
"These distributors account for 86 percent of the company's multi-level marketing revenue," Minkow said. "In today's Internet economy, there is simply no need for multi-level marketing or the overpriced products that they sell, meaning that the only thing they are selling are memberships in anticipation that future memberships will be sold in the future, which is the classic definition of a pyramid scheme."
Usana says that nearly 80,000 people have signed up to be so-called "preferred" customers and do not participate as business associates.
Comments
- Angled parking out in Springville 10:28 p.m.
- Changes in downtown Provo? 10:27 p.m.
- Help sought for homeless 10:27 p.m.
- 20 Utah law profs back Sotomayor 10:26 p.m.
- Health Hotline: joint replacements 10:26 p.m.
- Jail term ordered in fraternity death 10:04 p.m.
- Twitter de France 10:03 p.m.
- W.V. man arrested in cigarette thefts 10:03 p.m.
- New lead pursued in 1995 slaying 10:02 p.m.
- Stadium of Fire flag burning was fake 10:00 p.m.
- Blazers may offer Millsap a contract
- Utah's top 10: Wealth of recreation
- Restaurant burns in 3-alarm fire
- Send Boozer to the Bulls?
- MWC, WAC rushed into BCS
- O'Connor unhappy Fes not with team
- Jazz in back of line for free agents
- Keeping golf light on the wallet
- Fatigued Jazz no match for Pacers
- Teen injured in fall from waterfall
- Bronco collecting a galaxy of recruits
140 - Letters: Palin mistreated
136 - Teachers struggle with district cuts
134 - Blazers may offer Millsap a contract
121 - 'Tea party' protesters unhappy
107 - Fairness of BCS debated
81 - Stadium of Fire lights up the 4th
79 - Chaffetz eyes challenging Bennett
72 - Send Boozer to the Bulls?
71 - Millsap not franchise player
70
Through the years, I've always raised eyebrows whenever I tell people...
The photographs are mysterious, brooding, dark. They show dimples and...
what is a kid who wants to try and walk on to a 2 yr college to do ? Many...
I think the State or County should seize the property and make this into a...
We were LDS missionaries walking past some country homes in Sweden when a...
Then why were all those people there?
And BYU went 10-3 without one last year. Believe me that side of the ball...
Read reviews of the venues that have already had their AI tour show...Megan's...
Is it fair to say that law school professors would be among those knowing and...
I say do it, what do you have to lose. If it doesn't work, we all know what...
It means "zero". However, the spirit is great to see maybe that can spread...
I'm not sure why this game has been brought up, having not read the comments....



You can be the first to comment on this story.