Simple Verity

Financial trust and efficiency

Month: May, 2012

How to steal $1 million with crowdfunding: Part I

(Although there are lots of ways to be a crook with crowdfunding, this Part I will focus on the Big Con.  That is, how do you raise as much as possible in one go, by means of a confidence game that gets investors to willingly part with their cash, rather than something technical, like a hacker attack or money-laundering scheme, which we will address in future parts.  The reader will kindly indulge the use of the first-person as a literary device: our purpose is, of course, to think a step ahead of where the bad guys are likely to try and go.)

Part I: The Big Con

We can rely on a time-honored formula for con games: they all have a few elements in common, which we can identify here:

  • The hook.
  • The mark.
  • The come-on.
  • The touch.
  • The cool-out.

The hook.

All great cons appeal to the baser instincts of the victims: particularly, greed and pride (though the skillful con man can often recruit envy, lust, and sloth as additional tools).  We do it with the backstory and the offering, or the “hook.”

The hook must appeal to a sense of greed: outsized returns.  And it must stoke pride: the hook resonates with the mark’s desire to be important and “in the know;” it explains why he is going to get such great returns in terms of his own imagined merit.  Mining and technological innovations are good standbys, especially if they seem easily comprehended but their supposed mechanism of action is not.

Our hook will be about a garage-based scientist who’s come up with a means to increase cut gasoline costs by 80% by using some quantum-mechanical mumbo-jumbo.  It’ll be important that nobody can challenge our science, so we’ll want to monopolize the communications to the mark, or else bury any challenges beneath heaps of boilerplate disclosures.

The mark.

While the old-school “long con” relies on capturing a single whale and wringing him out of as much as possible, the nature of the crowdfunding con means we need volume.  Lots of minnows, or at least, say, halibut.

A good con man finds a group whose members are statistically or systematically easier than average targets.  The elderly are traditional favorites, as are affinity groups (often tight-knit religious or ethnic communities, where you can exploit bonds of trust).

Another method is time-honored: lists of marks from other con men.  It’s well know that you can go “back to the well” with a good mark over and over again.  (We’ll want to make sure that every sucker who falls for this con makes our short list — complete with email address and financial details — for when we lather, rinse, and repeat.)

Our marks will be a bit of both: given the bait on our hook (quasi-scientific gasoline-saving), we’ll target the affinity group of environmentalists, especially “peak-oil” folks.  The nature of the hook will play to these marks’ pride, confirming their prejudices about oil companies and the environment, plus, they have kindly self-identified into groups where mailing and phone lists will be easy to find.

The come-on.

While a legitimate crowdfunding deal requires the business that’s raising funds to reach out to its customers, fans, and community, that will be a problem with our con: after all, there’s no “there” there.  (The hook is, after all, just a story, perhaps with a nice YouTube video and some fancy looking graphs to go along with it.)

For part of our job, we can get the marks themselves to help: the “true believers” will gladly evangelize the hook to their (Facebook?) friends.

But the real problem is that the Web is a terrible way to create new true believers.  For that, we need to press the flesh, or at least the eardrums, and so we’ll turn to the time-honored method: the boiler room of shady phone operators.

We’ll buy a phone list of Sierra Club-types, and start dialing for dollars.  The come-on certainly won’t be a straightforward pitch, though: the best come-on is that which stokes the “little larceny” in the heart of the mark.

Our operators’ story will be that they, too, are peak-oil enviros, and that we’ve been given an inside track: the Sierra Club is secretly planning to buy 2 million units for its members next year.  (We might even have a PDF of the signed contract we could send you, if you give us your email address.)

The company needs money to build the first production run — the factory we’ve contracted with in China is tooled and ready, but demands payment — but the big Wall Street banks are in the pockets of Big Oil and are refusing to extend credit.  This will let our marks both feel like they’re getting the best of it, while at the same time stoking a do-gooder glow in their cockles.

The touch.

Getting the money — taking off the touch — is the crucial (if not quite final) element in any big con.  We’ll need the help of an intermediary, a crowdfunding portal, in order to seal the deal and get paid.

It’s unlikely we’ll get an out-and-out crooked funding portal to help us directly; after all, even the shadiest pawn shop won’t actually help you to burgle.  Rather, we’ll want to look for a funding portal whose operators are an nice balance of lazy and stupid.  We’ll want them to have an obvious, and obviously lax, process for vetting the issuers.

Since we want to identify the suckers, we’ll want a portal that tells us exactly who invested, along with how much, and their contact info.  (This will let us keep drawing from the well.)  They’ll also be too slapdash to keep up with any kind of centralized list of fraudsters, or of vulnerable potential investors (e.g. elderly or disabled folks whose families put them on a no-invest list).

(It would be too much to hope for, that the funding portal would allow us, or our favored bank, to handle the money transfers (or collect checks) directly … the implications send a con man into a reverie of larceny.)

We’d love it if they are so cowed by the regulators and lawyers that they won’t take a stand on any question about the deal.  In fact, they shouldn’t even allow users to chime in and share meaningful due diligence work, for fear of passing along “investment advice.”

We’ll prefer a portal that lets us keep “negative votes” hidden (or which was too lazy or stupid to allow negative voting).  We want to control that communications channel, strictly.

And finally, we’d love it if the slothly dullards at our funding portal of choice turned a blind eye to how our marks arrive there.  (Square businesses might be sending email solicitations to a customer list, but our boiler-room operators will be tuning in marks to type-in a redirected URL, most likely.)

For this privilege, we’d be happy to pay a hefty fee (at least the going market rate).  We’d delight in the longevity of this funding portal; nothing would suit the con better than if the portal’s (self-)regulators were just as dull.

The cool-out.

Traditionally, the cool-out required scaring or shaming the mark into taking his lumps, and not going to the cops — although a con man of great finesse will leave the mark not even realizing that he’s been conned.

The beautiful thing about the equity crowdfunding con is that the “cool-out” is already taken care of: everybody knows most startups fail.  Our fake-fuel-economy device has a great built-in narrative as well: the machinations of the oil majors, or their allies on Wall Street, can always be pointed to as reasons for the failure.  The real suckers we can always go back and fleece again (maybe even with the same game).

But there’s always a squeaky wheel: someone, somewhere, threatening a lawsuit.  Since we’ll probably have to put forth legitimate, clean identities (with social security numbers, etc.) to run a single con, we’ll make sure that those identities are not only clean, but judgment-proof (no real assets to seize) and that the company itself dumps the cash offshore as soon as it reasonably can (perhaps that Chinese contract manufacturer gets paid in a lump sum?).  The lawyers will circle over a gutted corpse of a company.

The first couple times around, we’ll use the identities of girlfriends, nephews, and low-level members of our confidence team.  But those will get burnt quickly, so we’ll probably end up buying new identities from Russian hackers for each successive go-round.  When those identities get sued, the trail will dry up.

Total time: perhaps 3 months from inception to cash.  Team size: two key men, plus a crooked assistant or two (and a solid 15 or 20 hired guns who can work the phones for a month during the come-on phase).  Portal expenses, bogus company incorporation work, and hired guns’ share will probably come to $200-250k; that gives our crooked principals a solid $375-400k a piece.  Not bad for a quarter’s work.

Lather, rinse, repeat.

Later: Part II

Top Ten Irrelevant Statements About Crowdfunding

Late last night I got an email from a banker friend of mine, with a link.  In the email, he says (paraphrasing), “if this guy is right about crowdfunding, aren’t you nuts to be targeting that industry?”

All this fun was kicked off last night when Andrew Ledbetter, of business law powerhouse DLA Piper, published a provocative “Top 10 Reasons to Avoid Crowdfunding” post on Asher Bearman and Megan Muir’s blog, “The Venture Alley.”

Now, DLA is a fine firm, and I have friends and former colleagues there to this day.  Ledbetter, what’s more, has given us a well-reasoned, readable outline of the skeptical attorney’s perspective.

The problem is, that perspective is so off the mark that it’s not even wrong.

Ledbetter makes ten bullet points in his post, but they reduce down to three grand errors in his vision.  I call them “Who moved my cheese,” “Let them eat cake,” and “Five computers should do it.”

“Who moved my cheese?”  (Regulatory enforcement likely; No “backup” exemptions.)

This is the objection that, essentially, the new law is merely different from the old law, and therefore the new regime will be unfamiliar to lawyers (and everybody else).  Well, duh.

“Let them eat cake.”  (Limits M&A exits; Civil suits likely; Limits future financings; Foreseeable optics problems.)

Like Marie Antoinette’s suggestion of brioche for the starving masses, this is the idea that companies who fundraise via crowdfunding will expect to be treated like kid-glove, VC-financed darlings.  But VC is Pan Am in the 1960s, while Crowdfunding is going to be Southwest Airlines in the 1990s, so fretting about what kind of Champagne will be served in first class just doesn’t make sense.

“Five computers should do it.”  (Expensive to use; Administrative hassle; Not currently usable; Selling unusual securities.)

The head of IBM famously (if apocryphally) suggested that the world market for computers was “about five” — and given the price and size of those things, he was probably right for a while.  But markets and competition have a beautiful side-effect of squeezing out costs and delays, so concerns that crowdfunding will be expensive or a hassle are misplaced.

Ledbetter wraps up with a very lawyerly conclusion: he urges caution and careful consideration.  But if you take his ten bullet points at face value  (and unbalanced by any other arguments), you can only come away thinking that C.F. only stands for Cluster F***.

But those ten points are so far off the mark of what really matters, they aren’t even properly wrong.  They’re just irrelevant.  The people and companies who will use for-profit crowdfunding are, for better or worse, today:

  • raising dubiously legal friends-and-family rounds;
  • hemorrhaging cash to advisors, lawyers, brokers, and facilitators to find legal sources of capital;
  • paying jaw-dropping rates to specialty finance companies; or
  • just not raising capital at all.

They already are at risk of civil suits.  They already lack “backup” exemptions.  They are already dumbfounded at the expense and administrative hassle when they try to do it “right.”  And if they try to do it on the cheap, they are closing off whatever slim chance they might have had at future “legit” rounds.

So Ledbetter can apply his ten points to a potential Splunk or Redfin or Etsy, and he’ll be completely on target — they should indeed steer clear.  But the world of issuers under the new crowdfunding law is like a different dimension, a parallel universe where his ten points go off completely orthogonal to the target.

The important thing here isn’t to rag on Andrew Ledbetter, nor to claim that crowdfunding is a panacea or a paradise.  Far from it.  In fact, I can almost guarantee you that if crowdfunding “works,” it will be used by issuers who are, on average and as compared to VC/angel funded companies today:

  • in less prestigious industries;
  • in less prestigious ZIP codes;
  • pursuing smaller markets, with lower gross margins;
  • more likely to be managed by entrepreneurs who are non-white and/or non-college-educated;
  • more likely, as individual businesses, to wipe out (return zero); and,
  • less likely to have an IPO.

That’s right, I’ve said it: the “unfundable” companies of today are the target market for crowdfunding.  (Some might later become “fundable” … because a certain magic happens when even a non-prestigious company starts minting enough money: white-shoe private equity guys suddenly decide they like … waste management companies, or whatever)

This same pattern happens time and time again.  The “gold standard” way of doing things is expensive, fraught with regulation, and lubricated with healthy doses of cash and professional services.  Then, an innovation occurs, sparked by technology, business process, or regulatory change, and the new way of doing things is “worse but cheaper.”

“Worse but cheaper:”  What do you mean there’s no first class on this flight?  What do you mean this hard disk drive will fail within a year?  What do you mean this flimsy cassette only has two tracks instead of eight?  (Sometimes “cheaper” isn’t about the price, but about the convenience or the availability: What do you mean I check these groceries out myself without a cashier?)

At first, the new way is dismissed as a joke or as infeasible.  Then, as it’s adopted by a few, it gets viewed as a niche or a fringe phenomenon.  But as (and if) it catches on, the scale it achieves forces efficiencies (of time and money) into the process, until it becomes radically cheaper and easier than the old “gold standard,” which it soon replaces.

(This isn’t my idea, by any means.  All thanks are due to Clay Christensen who calls this general idea “disruption.”)

Look, there are plenty of reasons why crowdfunding may die on the vine.  It could get regulated to death; it could be enacted at the beginning of a prolonged, decades-long Japan-style deflationary recession; or, it could fail to attract smart enough, aggressive enough entrepreneurs.

(This last point is really important.  The market for for-profit crowdfunding will by tiny at first, and entrepreneurs will have to be some combination of extremely patient, lucky, foolhardy, and passionate about the sector to wade through the red tape.  William Carleton makes a great point about the passions and ambitions of folks entering this sector.)

But for Ledbetter to knock crowdfunding because it’s “worse but cheaper” (or, perhaps, “worse but easier”) misses the boat by a mile.  Paging Dr. Christensen …

Explosives, APIs, and Crowdfunding: hello from Applied Dynamite

The first half of 2012 has been full of amazing news for the entrepreneurs, dreamers, and builders who drive our startup economy, but the best is yet to come.

At the very highest of ends, we’re seeing IPOs get “out the door” after a long drought.  Whether that’s Splunk (SPLK), Yelp (YELP), or Zuckerberg’s own Leviathan — those listings are great news for employees and investors.  Perhaps most importantly, these IPOs will stimulate more activity all the way down the line to raw startups.

At the very bottom end of pre-startups, there’s news, too: Kickstarter has enabled $150 M in donation-based crowdfunding.  That’s found money for the visionaries from filmmakers to watchmakers, and most importantly it proves that we /can/ use the Web to team up to raise capital for charity and entertainment.

But these are lagging indicators.  What excites us most at Applied Dynamite is what is on the cusp of emerging: a thriving, fundamentally disruptive, Web-based ecosystem for raising capital for businesses.  Most are calling it “crowdfunding.”  Two years ago I called it “Capital-as-a-Service.”  Now at AppDyn, we call it “about time.”

The game is afoot — whether it’s making the all-important connections among players (AngelList, FundingPost), facilitating the financial exchanges that make the risk worth the reward (SecondMarket, SharesPost), or creating the targeted niches (CircleUp) that will be tomorrow’s equivalent of the Buttonwood Tree or The Pit.

So what on earth does a tiny startup with a name like a demolition company — and two geeks at the intersection of finance and big data — have to do with any of this?

In a phrase: Applied Dynamite is 100% focused on the back-end data services that enable crowdfunding.

“But crowdfunding is about people — about passion — about cutting out middlemen,” you cry.  “What ‘data services’ could we possibly need?”

Well, we’ll all want to know who the “good guys” are, and make it easy for them to play.  We’ll also want to keep out the “bad guys,” as we build up the industry.  We all need to keep track of the limits in the laws and the contracts, and we all want to stay out of jail while we do it.

For the past 100 years, this function has been done by men in suits — handsome men in silky gabardines (I-Bankers) and dour men in worsteds (lawyers).  We love our lawyers, but you can’t rely on the old ways of doing things when you’re processing investments of only $100 or $1000 a pop — they could barely pay for dry-cleaning with the pro-rata fees that would generate.

The only way we (as a crowdfunding ecosystem) can make this work is by radically crushing down the prices, and radically automating the processes.  So call it blowing up barriers, or demolishing red tape — what we do at Applied Dynamite is ruthlessly hammer down the prices and process into something manageable, so that the companies, investors, and matchmakers of crowdfunding can get the job done.

In engineering, you don’t need tons of explosives to accomplish an amazing amount.  What you need is to shape your charges so as to focus the force.  Our focus at AppDyn is clear: enable crowdfunding to happen, by providing the data services needed.

So, hello world, from Applied Dynamite!  Go forth and (crowd)fund!  And when you hit a barrier, whether it’s background checks on promoters, or investor accreditation checks, or annual limits — call in the shaped charges at Applied Dynamite ;)

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