FT : Lars Windhorst hired corporate spies that targeted football club boss, laws

Lars Windhorst hired corporate spies that targeted football club boss, lawsuit says
Israeli company mounted operation to oust Hertha Berlin president, according to court documents

German financier Lars Windhorst hired an Israeli private intelligence company that orchestrated a clandestine campaign aimed at ousting the then-president of Hertha Berlin, the Bundesliga football club, according to a lawsuit.

The plot against Werner Gegenbauer is detailed in Israeli court documents filed this month, which reveal that Tel Aviv-based Shibumi Strategy Limited ran a year-long covert operation to push him out of the club, where Windhorst is the majority owner.

Gegenbauer ultimately stepped down in May after 14 years at the helm, which Shibumi claimed was evidence that “the project was successfully accomplished”. The corporate intelligence firm is now suing Windhorst in an Israeli court, alleging that a unit of the financier’s company Tennor has breached a contract under which it owes Shibumi €1mn for eight months’ work, as well as a €4mn success fee allegedly agreed orally.

Windhorst had hired Shibumi to “plan and develop a strategy” that would “enhance” his reputation, according to a service agreement between the parties included in the court filings.

Asked to comment on the case, Ori Gur-Ari, chief executive of Shibumi Strategy, said: “We do not know anything about this alleged case and you must have made a mistake.” Gegenbauer could not be reached. Windhorst described it as “nonsense” and did not accept the reliability of the filed documents. He said he had not talked to Gur-Ari “for a long time”.

The Financial Times obtained the court papers, filed three weeks ago at a district court in Tel Aviv, with the assistance of the Times of Israel.

In a June 2022 report summarising the campaign, codenamed “Euro 2020”, Shibumi explained how its 20-strong team of operatives approached Gegenbauer’s supporters, opponents and family members online and in person, often going “undercover” to obtain information or promote their influence campaign against the German football executive, the court filings show.

Shibumi then set up online profiles of purported fans criticising Gegenbauer and paid a caricaturist to create unflattering images of the 72-year-old for use in social media posts. These cartoons included images that depicted Gegenbauer as the grim reaper and the devil.

It also created a website to lobby for the Hertha president’s removal called “Gegenbauer Raus” — “Gegenbauer Out” — and a channel on messaging service Telegram to “raise awareness” of the campaign, according to documents disclosed in the lawsuit.

Shibumi established a blog called “Sportfreax” where it published negative articles to “influence Hertha members about Hertha’s internal chaos”, while “identifying journalists that could be approached undercover” to promote the campaign.

The Israeli company planned to hold a “large-scale event” campaigning for the dismissal of Gegenbauer, at which its operatives would hand out customised “Gegenbauer Raus” merchandise to fans. The event did not go ahead, however, as Hertha’s general assembly in November 2021 was cancelled.

Windhorst and his company are yet to file a defence in the civil lawsuit, which Shibumi has brought against Windhorst and a Switzerland-based unit of the financier’s investment firm Tennor Holding. But according to email and text conversations disclosed in the case, Windhorst complained about having paid “huge amounts” of money to Shibumi for years with little to show for it.

“The problem here is that there has been and still is a huge discrepancy between your perception on what value your bring [sic] or brought in the past and the reality of how things turned out,” Windhorst — who also publicly called for Gegenbauer’s resignation — wrote in a May 2022 email to Gur-Ari.

In the same email, Windhorst acknowledged that Shibumi had successfully uncovered the person behind a Twitter account called “Wundersplat”, which posted derogatory messages about the 45-year-old financier, riffing on the “Wunderkind” nickname he earned as a teenage entrepreneur in the 1990s.

In messages back to the financier, Gur-Ari claimed that during a June 2021 meeting aboard a yacht, Windhorst said Shibumi stood to make “millions of euros” if the campaign was successful, but in the end the Israeli company “worked days and nights for eight months without getting paid”.

Windhorst’s investment in Hertha has proved controversial. The financier, who is famous in his native Germany for enduring a bruising downfall in the 2000s that culminated in personal bankruptcy and a criminal conviction, first bought a minority stake in the struggling club in 2019.

While Windhorst promised to improve Hertha Berlin’s fortunes and transform it into a “big city club”, the team’s continued poor performance on the pitch led some fans to chant “Windhorst Raus” at the club’s general meeting this year. 

While the financier has a majority stake after pouring €374mn into the club, under Bundesliga rules aimed at protecting fans’ interests his voting rights are capped at 49.9 per cent. This restricted Windhorst’s ability to remove Gegenbauer directly, despite escalating tensions between the club’s owner and its president that spilled into public view.

Windhorst is separately facing numerous lawsuits from aggrieved creditors over alleged unpaid debts. Last month, he pledged that he would repay €550mn in “weeks” to his largest creditor H2O Asset Management, a European investment company that is under regulatory investigation for heavily investing in bonds linked to Windhorst. 

>>> US After Hours Summary: MTN +4.5%, JEF +1.6% higher on earnings; Yellen want

After Hours Summary: MTN +4.5%, JEF +1.6% higher on earnings; Yellen wants to stay as Treasury Sec after midterms, according to Bloomberg Tax

After Hours Gainers:

Companies trading higher in after hours in reaction to earnings/guidance: MTN +4.5%, JEF +1.6%, MLKN +1.1%, NAPA +0.5%

Companies trading higher in after hours in reaction to news: DCFC +6.4% (to supply fast chargers for Australia's longest EV highway), MOR +2.9% (announces data from the ongoing L-MIND study), PCG +2.2% (files application to separate its non-nuclear generation assets into stand-alone subsidiary; also reaffirms guidance), LYB +2.1% (ethylene cracker in France will not restart until early 2023), WK +1.5% (WK is drawing takeover interest from private equity firms, according to Bloomberg Tax), SVC +1.1% (to sell 16 hotels for $137.3 mln), ALGN +0.5% (introduces Invisalign Virtual Care AI), CBRL +0.2% (CBRL enters into nomination and cooperation agreement with BH), PLD +0.1% (PLD and DRE shareholders approve previously proposed merger), OVV +0.1% (receives regulatory approvals for the renewal of its share buyback program)

After Hours Losers:

Companies trading lower in after hours in reaction to earnings/guidance: CNXC -0.7%

Companies trading lower in after hours in reaction to news: AMPS -12.9% (selling stockholder to offer and sell 7 mln shares), SUNL -12.1% (withdraws previous FY22 outlook), IVVD -5.1% (files for $400 mln mixed securities shelf offering), MNTS -3.3% (launches 3-yr, $50 mln at-the-market equity program), FEAM -2.6% (CEO to step down; co also reports earnings), ADC -2% (commences public offering of 5 mln shares), TUR -1.3% (Turkey will continue cutting interest rates, according to Reuters), VLTA -1% (announces organizational realignment; to cut 10% of employees; guides Q3 revs below consensus; withdraws FY22 revenue guidance), CTLP -0.5% (to delay 10-K filing), MN -0.2% (extends outside date for merger with Callodine), SBUX -0.1% (increases dividend), ATCO -0.1% (confirms receipt of revised proposal from Poseidon to acquire ATCO for $15.50/sh), ALSN -0.1% (Isuzu launches new truck in Taiwan featuring Allison transmission)

>>> US Close Dow +1.88% S&P +1.97% Nasdaq +2.05% Russell +3.17% VIX 30.18 -7.42%

Closing Stock Market Summary

The stock market was in rally mode today, bouncing from oversold conditions. The S&P 500, which set a new low for the year yesterday (3623.29), broke a six-session losing streak and closed above the 3,700 level. The stage was set for a strong rebound effort before the stock market opened as Treasury yields fell in response to a Bank of England (BoE) bond purchase announcement. The major averages were all able to log big gains despite losses in Apple (AAPL 149.84, -1.92, -1.3%) following a Bloomberg report that the company plans to hold back on increasing production of the iPhone 14.

The 10-yr note yield breached the 4.00% level overnight before the BoE said it is going to postpone the sale of gilts slated to begin next week and instead carry out temporary purchases of UK government bonds between September 28 and October 14 in a bid to restore orderly market conditions. The 10-yr note yield dropped 26 basis points on the day to 3.71% and the 2-yr note yield dropped 21 basis points to 3.71%.

The U.S. Dollar Index also fell noticeably after the announcement, down 1.2% to 112.75 with GBP/USD +1.4% to 1.0879.

Buying was broad in nature with many stocks coming along for the ride. Apple, however, logged a decent loss following a Bloomberg report that indicated it's pulling back on a plan to increase production of its iPhone 14 beyond its original target of 90 million units due to weaker-than-expected demand.

Despite losses for Apple, the information technology sector was able to squeeze out a 0.9% gain. Notably, it finished the session in last place for the 11 S&P 500 sectors. Energy (+4.4%) and communication services (+3.2%) rose to the top of the leaderboard. 

Communication services had Netflix (NFLX 245.20, +20.84, +9.3%) to thank for its gains after the company received an upgrade to Overweight from Neutral at Atlantic Equities. 

Another bright spot in the market was health care (+2.2%), boosted by Biogen (BIIB 276.61, +78.82, +39.9%), which surged after reporting its early Alzheimer's treatment drug, Lecanemab, met its Phase 3 clinical trial primary endpoint.

Energy complex futures settled higher with WTI crude oil futures rising 4.1% to $81.96/bbl and natural gas futures rising 2.0% to $6.93/mmbtu. 

Looking ahead to tomorrow, market participants will receive the following economic data:

  • 8:30 ET: Weekly Initial Claims (consensus 213,000; prior 213,000), Continuing Claims (prior 1.379 mln), Q2 GDP -- third estimate ( consensus -0.6%; prior -0.6%), and Q2 GDP Deflator -- third estimate (consensus 8.9%; prior 8.9%)
  • 10:30 ET: Weekly natural gas inventories (prior +103 bcf)

Reviewing today's economic data:

  • Weekly MBA Mortgage Application Index showed a 3.7% drop following last week's 3.8% increase
  • August Advance report for International Trade in Goods showed a deficit of $87.3 billion versus the revised deficit of $90.2 billion (from $89.1 billion) in July. The Advance report for Retail Inventories rose 1.4% versus the increase of 1.1% in July. The Advance report for Wholesale Inventories rose 1.3% versus July's revised increase of 0.6% (form 0.8%)
  • August Pending Home Sales dropped 2.0% ( consensus -0.5%) following a revised 0.8% decrease (from 1.0%) in July
  • Weekly EIA Crude Oil Inventories showed a draw of 0.215 million barrels after last week's 1.14 million barrel build

Dow Jones Industrial Average: -18.3% YTD
S&P Midcap 400: -20.3% YTD
S&P 500: -22.0% YTD
Russell 2000: -23.6% YTD
Nasdaq Composite: -29.4% YTD

Business Of Fashion : Farfetch CEO Sees Luxury Recession Resilience and China Re

Farfetch CEO Sees Luxury Recession Resilience and China Return

Luxury-goods sales will prove resilient in the case of a global recession and demand from China will return by next year, said the head of online luxury retailing platform Farfetch Ltd.

Handbags, fashion and watches are less sensitive to economic downturns as well-heeled consumers keep buying such items, chief executive officer José Neves said in an interview at the Bloomberg Technology Summit in London. Sales of such products should remain more buoyant than bigger-ticket purchases like yachts and high-end real estate, he said.

“It is a very resilient industry,” said Neves, citing the bounce in demand for luxury goods during the pandemic after an initial decline. “It will be the same this time if a recession happens.”

Still, making a profit in the online luxury business isn’t easy because of intense competition. Farfetch shares have lost about 76 percent of their value this year, even after the company struck a long-anticipated deal to buy a stake Richemont’s Yoox Net-a-Porter online businesses, known as YNAP. Farfetch has yet to break even, due to investments to expand its business.

While some investors initially cheered the YNAP deal as “transformational,” Farfetch shares resumed their decline after the company cut its guidance in August and analysts raised concerns about its ability to meet long-term Ebitda margin targets of 30 percent.

Neves said margins are increasing as luxury producers raise prices to counter inflation and customers keep spending. He said he expects demand in China, which has been hit by Covid-related lockdowns, to “be back sometime next year.”