Sean Murray


Articles by Sean Murray

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deBanked’s “Ice Edition”

December 14, 2018
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deBanked IcedeBanked’s final issue of 2018 is in the mail. We’re calling it the ice edition because of how the cover’s colors came out. For November/December we cover the new legislation in California, what’s happening in New Jersey, and what may be still to come. In addition we tackle the concept of open banking, delve into Small Business Development Centers, and reflect back on the biggest moments of 2018. There’s more of course, but you’ll have to get your hands on the ice to see for yourself.

If you’re not already subscribed, YOU CAN REGISTER TO GET ALL FUTURE ISSUES HERE FOR FREE.

And don’t forget, the deadline to become a sponsor of deBanked CONNECT – Miami is Wednesday, Dec 20th. Email events@debanked.com to get signed up.

How Dealstruck Arrived, “Disrupted,” and Died – A Cautionary Online Lending Tale

October 14, 2018
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Dealstruck just wanted to be loved.

When Dealstruck popped up on the online lending scene in 2013 with promises of long term loans and low interest rates, some industry insiders rolled their eyes at the naïveté. “It’s not about disintermediating the banks but the very high-yield lenders,” Ethan Senturia, chief executive of Dealstruck, told the New York Times in March 2014.

Unwound bookA self-described member of the “lucky sperm club,” a not-even 30-years-old Senturia went on to successfully raise $30 million of investor capital to fund his business, enough to fuel his rise and price-shame his competitors for years. But it wouldn’t last, as he detailed in book, Unwound, about the behind-the-scenes chaos that ravaged Dealstruck until the company closed for good in late 2016.

“We had taken to the time-honored Silicon Valley tradition of not making money,” Senturia recalls. “Fintech lenders had made a bad habit of covering out-of-pocket costs, waiving fees, and reducing prices to uphold the perception that borrowers loved owing money to us, but hated owing money to our predecessors.” The use of italics are his own.

During Dealstruck’s rise and fall, a journey that reads like an ever-frantic race to raise more money before collapsing, Senturia actually pauses to self-reflect if Dealstruck was becoming a Ponzi scheme. “When does a business go from legitimate but unsustainable to being a Ponzi?”, he pondered before rationalizing that he had not and would not cross that threshold.

At times, the company resigned itself to being a technology play for would-be-acquirers, one of whom included CAN Capital in 2014 when Dealstruck was only originating $3 million a month in loans. Senturia recalls, “For an unprofitable company that had raised $3.5m of equity and whose systems capabilities hadn’t evolved far beyond processing payments on term loans, it would have been tough to make a financial argument that we were worth much more than the capital we invested–$10m soaking wet. But CAN was doing different math. They were trying to go public.”

In Senturia’s view, CAN was trying to check the technology box on the way to an IPO. The offer was $33 million, $13 million in cash and $20 million in pre-IPO stock. Dealstruck first accepted the offer and then ultimately turned it down. CAN never had their IPO.

Dealstruck continued on, rapidly expanding while dealing with major defaults, one of which included an $800,000 loan, the largest deal they ever did at the time, that turned out to be completely fraudulent. One of their early investors never forgave the hiccup and by May 2016, when the online lending bubble was bursting, due in part to the Lending Club scandal, Dealstruck became a poster child for the overheated market.

Case in point, Senturia was mocked during an investor presentation as one individual stood up and asked who in the room would even invest $10,000 into Dealstruck let alone the millions they were seeking. Nobody raised their hand. It was a sign of the times.

At the end, Dealstruck’s dire situation had become entwined with a hedge fund that could not afford to let Dealstruck fail. Senturia referred to their predicament as “mutually assured destruction.” When Senturia warned the hedge fund manager that the game was finally over, it did not go well. “I am like, literally staring over the edge. My life is over,” the hedge fund manager tells him. Dealstruck died. The hedge fund survived.

What Senturia left in his wake were dozens of lost jobs, unpaid vendors, and a cautionary tale he feared nobody would even remember. His book makes sure that nobody will forget.

Though Dealstruck’s failed business could be summed up by bankers as an 180-page “I told you so,” Senturia, concedes throughout that he was learning major lessons along the way. After all, he was only in his twenties and all too self-aware that his family relationships, education (Wharton), and luck played a role in making Dealstruck possible in the first place. Besides, Senturia could easily be telling the tale of many other online lenders of that generation; Lose money, scale, raise capital, shame the competition for their high rates or slow speed, and hope that someone buys you up or you go public.

While it’s a quintessential Silicon Valley story, there are plenty of nuggets of wisdom Senturia sprinkles in along the way that would be valuable to any entrepreneur. It’s also a must-read for anyone interested in lending or fintech. If you were in the business during those years, you probably know some of the characters firsthand. You can buy the book on Amazon here.

deBanked CONNECT San Diego PHOTOS

October 9, 2018
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Like What You See?
Register for the next deBanked CONNECT event in Miami Beach on January 24th
Or email events@debanked.com

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See you in Miami on January 24th!

The Largest Merchant Cash Advance in History

September 28, 2018
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auto dealershipHow would you like to be the funder to do a $40 million MCA transaction? According to the Securities & Exchange Commission, a deal of such magnitude was one of the many negligent acts that 1st Global Capital CEO Carl Ruderman did with investor money. Though the SEC refers to the merchant as an auto dealership in California, it’s roughly 9 dealerships with common ownership that collectively gross more than $550 million a year in sales. It’s the deal of a lifetime except that the ISO who brokered it has become the largest unsecured creditor to file a claim in the 1st Global bankruptcy. Records show they are owed approximately $3.9 million in unpaid commissions.

And its performance has not been without challenges, according to emails disclosed in the SEC case.

In April 2018, 1st Global employees discussed what to do about the dealerships’ lingering cash flow problems after becoming aware that the owner intended to either recapitalize the debt or sell the dealerships. The choice by then had come down to either continuing to fund them or to cut their losses, an email says.

“If they were to become insolvent, everyone loses,” wrote the Director of Accounting and Finance.

1st Global continued to fund them. The $40 million (approximate amount) was not disbursed all at once but in increments over the course of a year.

One week before 1st Global filed for bankruptcy, they signed a Binding Letter of Understanding with the dealerships acknowledging that the owner would be selling them. At that time the merchant had unpaid taxes of at least $9 million and had an outstanding receivable balance with 1st Global of $43 million. The Letter said that 1st Global would accept “whatever amount it receives [..] at this point as complete satisfaction” of the current RTR when the business is sold. 1st Global also agreed to forever release the dealerships’ owner personally from all legal claims. It was signed by Carl Ruderman 8 days before he resigned.

The merchant has not returned deBanked’s inquiries. The banker named in the Binding Letter as having been exclusively hired to sell the dealerships, told deBanked over the phone that he has never heard of 1st Global. 1st Global ceased operations on July 27th. The SEC filed a complaint against Ruderman and the company on August 23rd and an amended complaint on September 26th. The dealership transaction is used as an example of malfeasance in it twice.

New Record

No longer candidates for the largest merchant cash advance in history, two ancient deals that were famous during their eras for their size, ended up in default, and in doing so showed the industry that there was such a thing as too big.

One was a $4 million advance made by Strategic Funding Source in 2011 to a tourist attraction being produced at the Tropicana Hotel in Las Vegas. The Las Vegas Mob Experience, billed as the most technologically advanced interactive presentation of historical artifacts ever devised and set up in a 26,000 square foot total immersion facility, it was predicted to bring in 1.5 million visitors per year. But the deal quickly spiraled out of control, the exhibit shut down, and allegations of fraud were lodged in court. Though the Mob Experience was dubbed the largest merchant cash advance in history, it depends on whether or not you’re counting common ownership of multiple businesses as individual deals or one deal.

Dozens of advances made by Global Swift Funding in 2007 and 2008 to businesses controlled by the same west coast-based restaurateur, led to Global Swift’s demise. When the “restaurant king,” as he was known, filed for bankruptcy across all of his entities, Global Swift had outstanding future receivables with his businesses of approximately $8 million. Dan Chaon, a then representative of Global Swift, told a local newspaper at the time that the restaurateur was “a helluva sales-talk artist… he provided false financial statements, and everyone got caught up in that game.”

Get The deBanked Events Mobile App

September 24, 2018
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deBanked Events Mobile App

Go deBankeddeBanked affiliated events will now be accessible through our new mobile app! (iPhone | Android) Whether it’s deBanked CONNECT networking events or Broker Fair, you’ll be able to get all the information you need in one place.

See who’s attending!
While we don’t distribute attendee lists, you’ll be able to view all attendees that opt-in to our “Community” and even be able to direct message them. You can choose to get push notifications or email alerts when someone views your profile or sends you a message.

The app is only accessible to people registered for events beginning with deBanked CONNECT San Diego on October 4th. Use the email address tied to your registration to log in. No password is required. If you can’t remember what email address you used for your ticket, contact events@debanked.com for assistance.

Download for iPhone

Download for Android

Register for deBanked CONNECT San Diego Here! (October 4th)

CAN Capital To Bring its Executive Functions Back to Kennesaw

September 18, 2018
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CAN Capital Resumes FundingFor CAN Capital, the power is coming back to Kennesaw, GA.

Gary Johnson, CAN’s Executive Chairman, said “Today, CAN Capital announced it will be moving its finance and executive functions from New York to Kennesaw. The board believes this move will position CAN for increased efficiency and faster decision making as it continues to meet the growing needs of small businesses. As a result, CEO Parris Sanz and CFO Tom Davidson currently based in NY, will be transitioning out of their roles. CAN Capital recently crossed the $7 Billion milestone of providing access to capital to small businesses which includes almost $300 million over the past year. The company also secured a commitment from Varadero Capital for up to $287 million to augment its expansion initiatives and capital.”

A spokesperson from CAN confirmed that Sanz and Davidson did not want to move to the Atlanta-area headquarters for personal reasons and that the board is conducting a new search for a CEO. Sanz has been with the company since 2004, rising to the CEO position in November 2016.

Founded in 1998, CAN Capital is among the oldest alternative lending companies.

The Google Battle for Lending & SMB Finance Keywords Revisited

August 29, 2018
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When it comes to Google’s organic search for major keywords, companies like Nerdwallet and Fundera still dominate. A few players, however, have gained or lost significant ground since last year.

The Small Business Administration relinquished its place on the first page for words like “business loan” and “business line of credit” while PayPal and Credit Karma have begun to make major appearances as their activity in these markets increases.

Take a look:

Keywords Fundera Fundera PayPal PayPal Credit Karma Credit Karma Kabbage Kabbage OnDeck OnDeck
Date 9/14/17 8/29/18 9/14/17 8/29/18 9/14/17 8/29/18 9/14/17 8/29/18 9/14/17 8/29/18
business loan 1 1 2 3 4 5
merchant cash advance 3 2 2 4
working capital 8 9
commercial loan 3 1 5
small business loans 2 1 3 5 4
business line of credit 2 2 5 3 3
fast business loan 4 5 1 4
business loan with bad credit 7 5

Keywords Lending Club Lending Club Nerdwallet Nerdwallet National Funding National Funding Traditional Banks Traditional Banks SBA.gov SBA.gov
Date 9/14/17 8/29/18 9/14/17 8/29/18 9/14/17 8/29/18 9/14/17 8/29/18 9/14/17 8/29/18
business loan 9 6 3 7,8 5 4,7 6
merchant cash advance 4 1 8 9
working capital 4
commercial loan 2,7 3,8,9,10
small business loans 9 3 7,8 5 7 1 2
business line of credit 11 1,4 1 6,7,8,9,10 4,6,7,9,10 5
fast business loan 2 3 5,6 8
business loan with bad credit 1,4 1 2 2 3

As mentioned in previous posts, this is not a scientific analysis. Keywords are measured using a wiped browser on my own computer.

The value of a Page-1 ranking too, is not as valuable as it once was, due to the heavy placement of paid ads above the search results. Ads, however, are not a factor for the keyword “merchant cash advance” since Google banned all advertising for that search term last Fall. Originally it was theorized that the ban was accidental, but ten months later it is still in place.

No such ban exists on Bing.

Read my previous analyses on the industry’s search war over the years:

September 2017 The Google Battle for Lending and SMB Finance Keywords

December 2015 Google Serves Low Blow to Merchant Cash Advance Seekers

March 2015 Google Culls Online Lenders – Pay or Else?

October 2014 Merchant Cash Advance SEO War Still Raging

August 2014 Six Signs Alternative Lending is Rigged: Do Lending Club and OnDeck have a helping hand?

October 2013 Google Penguin 2.1 takes swing at the MCA industry

August 2013 Your merchant cash advance press release may be hurting you

December 2012 Is Google your only web strategy?

July 2012 The other 93% [of leads]

April 2012 The SEO war continues

February 2012 The SEO War for Merchant Cash Advance: The first story on this topic

Merchant Cash Advance Company Wins in Bankruptcy Court After Judge Rules It’s an Ordinary Part of Business

August 21, 2018
Article by:

bankruptcy courtLast week, a bankruptcy judge in the Northern District of Illinois ruled that a merchant had used so many merchant cash advances that it had become a normal part of their business.

At issue was Network Salon Services, a business founded in 2004 that was brought back from the brink of insolvency in January 2013 by a merchant cash advance. That advance, coupled with dozens of advances from more than 14 MCA companies over the following 3 and a half years would keep Network Salon on life support until it finally failed for good.

At the end, Network Salon had just $200 to its name and nearly $4 million in outstanding future receivables due to MCA companies.

After the Chapter 7 proceedings commenced, the bankruptcy trustee came knocking on the doors of several MCA companies to give back the funds it believed had been fraudulently transferred and obtained through criminally usurious means.

One of those companies, NY-based LG Funding, pushed back hard, and on August 15th the judge ruled in LG’s favor. In a carefully considered decision, The Honorable Jacqueline Cox said that an exception applied to LG Funding. Unlike a normal creditor where certain property obtained leading up to a bankruptcy becomes returnable to the trustee, Network Salon relied on MCAs in its normal course of business for years and thus the transfers of funds to LG Funding was the ordinary course of business not subject to return.

So ordinary was it in fact that Network Salon used MCAs to make payments on other MCAs, going so far that at one point one of its bank accounts showed no deposit activity for a month except for deposits from MCA companies and online lenders.

Ultimately it didn’t matter if LG Funding was actually debiting the deposits made by rival companies rather than the actual proceeds of sales, Judge Cox opined, because this deviation from the contract was not fraudulent and both parties benefited from it.

The usury arguments, as usual, failed, because New York courts (The state governing LG Funding’s contracts) have already determined that MCA transactions are not loans and therefore can’t be usurious.

“The Trustee has failed to meet her burden to establish by a preponderance of the evidence that the transfers were preferential or constructively fraudulent and therefore subject to avoidance,” The judge ordered. “LG Funding has succeeded in establishing that the transfers were made in the ordinary course of business, defeating the Trustee’s 547(b) preference claim. The constructive fraudulent conveyance claim fails because Network Salon received reasonably equivalent value in the transactions in issue. Judgment will be entered in favor of Defendant LG Funding on all counts.”

This post is an oversimplified explanation. Download the 24-page decision HERE for the full facts and details.