Transact 15 in San Francisco

March 29, 2015
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I’ll be at Transact ’15 this week in San Francisco. It used to be the only national show that the entirety of the merchant cash advance industry attended. That’s not necessarily the case anymore but it’s still a must-attend event for funders.

Click here for my photo blog of last year’s Transact conference.

To view the events I’ll be at this year, check out our schedule.

I will of course be keeping a live blog of the conference on the website and collecting photos, news, and interviews for use in the next issue of deBanked magazine. If you’d like to arrange a meeting, email me at sean@debanked.com.

See you in Cali!

Search Engine Lead Generation Is Probably Rigged

March 21, 2015
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google search is riggedHoping to do some nifty SEO to boost your site to the top of search results for valuable keywords? Don’t bother. In August, 2014, I presented six signs that alternative lending is rigged, at least as far as search was concerned.

Two days ago, the Wall Street Journal ran a story that exposed a confidential FTC report on Google. The article opens with, “Officials at the Federal Trade Commission concluded in 2012 that Google Inc. used anticompetitive tactics and abused its monopoly power in ways that harmed Internet users and rivals, a far harsher analysis of Google’s business than was previously known.”

The conclusion? Google indeed skewed search results to favor its own services.

The 160 page report that the WSJ draws its analysis from was not supposed to be made public. Only a handful of pages are presented on the WSJ’s website in their entirety. Below are two of them:

Google FTC

Google FTC

Though I cannot find the specific comment anymore on LinkedIn, one of the responses I received on my August post regarding Google’s search results came from a former Google employee. They informed me that my suspicion was preposterous and that Google would never ever manipulate results.

While I made no effort to assert my evidence as anything more than circumstantial, the outright dominance of Google-owned lending companies for high value lending keywords was impossible to ignore. The WSJ story adds fuel to this fire.

Admittedly, the WSJ story doesn’t mention lending, nor do I think lending keywords were a subject of the FTC report (There are 156 pages the WSJ didn’t share). What I think is compelling here is a conclusion that Google did indeed manipulate results and penalized competitors to favor its own financial goals.

Despite the findings, the FTC ultimately did not bring any action against Google.

Is the game rigged? I feel a little bit better about saying, yes. Don’t put all your eggs in the SEO basket.

Merchant Cash and Capital Hits a Billion Dollars

March 18, 2015
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I was there. In August 2006, a little startup in College Point, Queens hired its third and fourth employees. One of them was me. The company’s CEO Steve Sheinbaum hired us to be underwriters of a financial product that at that point didn’t really have a name. It would later become referred to as a merchant cash advance.

The company grew fast, almost too fast. By December of 2006, half of the company was working out of temporary offices in the Empire State Building. And when that no longer made sense, we leased a floor at 450 Park Avenue South in mid-2007 where Merchant Cash and Capital still has its headquarters today.

Fast forward to 2008, I was the most senior risk manager of the firm. As the Director of Underwriting, my direct reports were two underwriting managers. Below them were three or four team leaders. And below them were entry-level underwriters and their administrative assistants. I oversaw what was arguably the most important department leading up to the financial crisis. I really believe the hard work of all the underwriters and the seriousness of which they took their job is a huge contributing factor to why MCC survived when many of their competitors did not.

It is great to see them hit the milestone of $1 billion in funding. Congratulations.

MCC CEO Steve Sheinbaum on CNBC

The Unofficial Origin of Merchant Cash Advance (In Honor of St. Patrick’s Day)

March 16, 2015
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local pubIn the late 1790s, two brave pioneers trekked across the North American continent in search of a bank loan alternative. A particularly harsh winter almost managed to dash their dreams, but they pressed on. “For the free market! For funding!” they cheered. Their optimism stood in stark contrast to the cold rugged landscape through which they traveled.

They weren’t the only two who sought change, but they were the catalyst. One of them was Sam Smith, an owner of Ye Olde Bar and Restaurant. His partner was John Stacker. John was the more wild and unpredictable of the two. They had always brewed their own ale but their customers had grown tired of the taste and were turning to local moonshiners.

Eager to win back their customers, Sam reached out to the distributor of a major lager but was told he could only make purchases in bulk. It would cost them $10, nearly the amount his bar would earn in a month. He was confident that if he raised the cash, he could sell it to their customers for far more than they paid for it and come out ahead. Sam knew there was only one place in town to borrow a hefty sum of $10, First American Bank and Trust. It wasn’t a national chain, but rather quite literally the first national bank and the only one that anyone could trust.

“A business loan for $10?” the bankers laughed. “Absolutely not!”

And so Sam realized that if it was capital they sought, they’d have to get it from someone out in the great beyond. John agreed, kind of. He didn’t want to settle for someone. He hoped to enlist the help of everyone.

After packing their bags and saying their farewells, the two partners set off on a 900-mile journey.

wagonsTheir wagon fell apart about halfway there. When it could no longer be patched up, they continued on horseback. When the horses died, they walked. When their legs gave out, they crawled and when their knees gave out they did the worm.

With barely any energy left and ready to give up, they came upon a charming red brick building in the middle of a desert. A sign was posted outside that said “Ye Olde Barter Shop. Trade Inside.” If for no other reason than to rest, they made their way toward the door.

Behind the counter of the establishment was a dapper old man with silver hair. He spoke with a brogue and was quite possibly of Irish heritage. “Come to trade have ya lads?” He had a warm inviting smile and it caused the two friends to feign an interest, even though they had nothing to trade.

barter shopAfter some pleasant small talk, the Irishman asked what they were looking for. “We need money for our small business,” Sam responded. “Aye lad, well I’m not a banker ya know, but I might be able to work out a trade.”

Uninterested in anything other than money, they felt their time was being wasted and they turned to say their goodbyes. But the Irishman’s infectious voice called to them with an interesting offer. “I’ll trade ya lads. I will give you this $10 you seek, but in return you will give me $12 of your future sales. Tis’ a barter I just came up with.”

Sam was immediately interested, but had questions. “When do you need the $12 back by?” he asked. Before the Irishman could respond, Sam began to pick up on something he hadn’t before. What was a beautiful building doing in the middle of the desert? Why would an Irishman be bartering out here and wouldn’t the fact that his FICO score was below 680 be a deal breaker?

The entire experience almost seemed…magic, which made him even more receptive to the response he was about to get.

“The $12 is not due by any time. For every ten pennies you earn from your customers, take one and put it in a jar. When the amount in the jar reaches $12, you can bring it to me. As long as your bar is as consistent as you say and there’s no reason for me to believe that your business will close, I would like to invest this $10 for you to buy this fine lager. However lad, no lager is as fine as the true lager itself. I do hope this lager is Guinness.”

The Irishman continued but Sam was already sold. The stars had aligned. It was unsecured, it was fast, it was magic. As long as Sam could prove that they had no real problems with the tax man, they would receive $10.

Sam Smith and John Stacker“We should do this with every barter shop in the country at the same time!” John exclaimed. Sam just glared at him.

After the Irishman pulled their credit, ran a UCC search, and examined their bank statements, they got funded. It was just that simple.

And so the end of the story is different depending on who you ask, though every version of it has a few common elements. Sam and John’s bar thrived and the townspeople loved them for it. John Stacker opened a separate bar that was all his own and he bartered his future sales all the way up to 12th position.

Other merchants began to tap into this kind of financing by trading their future sales in exchange for cash upfront. First American Bank and Trust was unperturbed and instead focused on how to charge people for holding their money, withdrawing their money, breathing and existing. Their goal was to one day become too big to fail, blow up, and then never lend to small businesses ever again.

And as for the barter shop run by the Irishman? Legend has it that they’re currently paying 14 points to brokers and gearing up for an IPO. They’ve also rebranded themselves in the public eye as a tech company. Private Equity is now all over them.

Happy St. Patrick’s Day. It’s okay to have some fun every now and then. 🙂

Brokers, Ferraris, Stacking and More

March 10, 2015
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FerrariNot yet signed up to receive deBanked’s print magazine? You can subscribe to receive it FREE here. This upcoming issue covers a lot of ground!

Some sneak peeks and commentary:
* I interviewed the president of a Ferrari-driving MCA brokerage who started off as a telemarketer that lived in his car.

* A CPA firm and Law firm submitted interesting takes on different industry practices.

* As much as I wanted to cool off on the topic of stacking for a while, those interviewed by our journalists couldn’t stop talking about it. It is apparently unavoidable and inescapable. Whether you stack or you don’t it’s one of the first nuggets to pop up in any conversation about short term business financing. Coincidentally, I had the privilege of being in the room with some industry leaders a few weeks ago and a discussion about stacking inevitably dominated the debate.

* There’s lot of new brokers in the space and not just human middlemen, but platforms that are really just technology-based brokers. We investigated what’s driving the new brokers and how to handle them. Separately, we interviewed a technology company that automates loan picks so that retail lenders don’t have to.

There’s more of course. You’ll just have to subscribe and wait for it to arrive in the mail. They’ll be sent out at the end of this month.

And if you plan on going to the LendIt Conference in NYC, use coupon code: deBankedVIP to get 25% off the ticket price. All attendees will get a copy of the magazine in their swag bag. I hope to see you there.

deBanked Inks Deal with Lenders Marketing in Bitcoin

March 10, 2015
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Bitcoin deBankeddeBanked has inked an advertising deal with Lenders Marketing, a company that provides trigger leads to the business financing industry. The deal is significant because it was priced in Bitcoin, not dollars.

“Bitcoin’s value against the dollar is volatile,” said deBanked’s Sean Murray. “But 1 BTC today is still equal to 1 BTC tomorrow.”

deBanked does convert a portion of its Bitcoin revenue into dollars, but holds the rest. “I think it’s important to practice what you preach,” Murray added. “What better way is there to debank than by using Bitcoin as a currency?”

Lenders Marketing and deBanked used Coinbase to transact, the country’s first regulated Bitcoin exchange.

deBanked’s March/April print magazine issue will be distributed in the mail at the end of this month. Anyone can subscribe to receive it for FREE.

Lender’s Marketing monitors business credit databases, credit card processing companies, financial institutions, government and public filings and merges them with their own database to provide a real-time reflection of current business loan needs.

In the upcoming magazine issue, you will literally be able to smell the leads. You’ll have to hold a copy in your hand to find out what that means.

Does Your Own Hunger Affect Lead Quality?

March 7, 2015
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merchant cash advance leads5 years ago in this very month, I funded 29 MCA deals for a total purchased amount of $608,000. 23 of those deals were renewals. It wasn’t my best month and it was also a different era. They were all split-processing accounts, not ACH. New deals could take six weeks to set up depending on the payment hardware. There was also no such thing as stacking then. The deals I was funding were from a good mix of warm leads, usually people who had filled out a form for financing somewhere online.

I didn’t always get warm leads. When I first started in sales in 2008, every rep got three or four actual leads a day. These were the golden geese, the Glengarry leads. The challenge was that they were sold to at least five ISOs at once so it was a race to get the merchant on the phone and establish a rapport with them first.

Caller number five was usually dead in the water. The least likable or least experienced of the remaining four would be cut by the merchant right away. That brought it down to 2 or 3 that the prospect would at least entertain.

None of these merchants had actually applied for a cash advance, but rather they had expressed an interest in business financing on a generic website and claimed that they accepted more than $5,000 in merchant account sales a month. Yet competing against four other companies to offer an expensive solution the merchant had never heard of was as good as the leads could possibly get. And if I started the day at 9 AM, then odds were I’d have made all 3 calls by 9:30.

I didn’t get paid a base salary so I couldn’t fake my way through the rest of the day. The remaining 9 hours were UCC lists and follow up calls with leads from previous days. I can’t imagine calling a UCC now in the age where stacking exists. The only option back then was to satisfy their outstanding advance in full with the proceeds of the new one.

Hi, my name is Sean Murray with ____________ and I’m calling about the advance you have with _____________. I know that company’s products can be awfully expensive and I was wondering if you were open to the opportunity of a lower holdback percentage, lower dollar for dollar cost of capital, and some additional money in your pocket.

I was notorious for cutting points off my upfront commission to get deals done. Sometimes I’d make nothing on the upfront commission but at least I’d get a new merchant account out of it and a backend cash residual. My residuals grew really fast.

Fast forward to 2011, I didn’t want to call UCCs anymore. I wanted the warmest leads possible. I was losing my edge on how to even approach UCCs because I had become so adjusted to higher quality material. I felt I had earned my way past them or that UCCs no longer offered the same value they once did.

So it was enlightening when I watched a junior account rep fresh out of college bring in more than 20 applications in his first week just from UCCs. Few funded, but I was impressed by his ability to engage prospects and bring in paperwork on leads I considered to now be crap.

He was hungry. He was new. He also realized that if he couldn’t bring in applications, that he’d be fired pretty quickly. He didn’t have the luxury of telling management that the leads sucked and to give him something else. This was all he would be given.

Watching him brought me back to my first few months as an underwriter in 2006 when there were very few MCA ISOs in existence. One day when deal flow was very slow, I was given a binder full of names and phone numbers of business owners who had applied for a mortgage in the past few years. The boss told me to “underwrite these files.” I learned immediately that all I was doing was cold calling random businesses. As a brand new hire, I was scared that if I didn’t “underwrite” them that I would be fired. So I started calling them with an offer to buy their future credit card receivables (the Merchant Cash Advance term was not widely adopted yet).

I got in applications and statements, I underwrote them, and then if approved, converted their merchant processing accounts and funded them. I didn’t get a commission because I was a salaried underwriter. All I hoped was that enough would fund (and not default) that I would be able to keep my job.

Eventually I was on a team where it was the responsibility of the underwriters to pitch the merchant on the product, gather the docs, close them on terms, underwrite the file, and fund it. The ISOs would just send us a lead and make 8-10 points if we somehow turned it into a funded deal. A few ISOs were sending us pure garbage, random names and phone numbers (literally a first name with no last name and a phone # of a non-lead) and passing them off as leads to see if our underwriting team could turn them into deals that they’d get paid on. Some were shocked when they heard we funded them. Others were mad that we weren’t funding enough.

As the company grew and the industry expanded, It eventually became normal to receive an application, 4 months merchant statements, 4 months bank statements, lease, voided check and a driver’s license and communicate with an ISO who did almost all of the legwork. All I had to do was underwrite the deal. When someone would submit much less, I got frustrated that I even had to look at it. My job was to underwrite files, not make half promises to ISOs based off of very little information. With so many completed files being submitted every day, I began to look at incomplete files differently. The fear that I would lose my job wasn’t there because I was already approving millions per month.

Fear was a huge motivator for me, especially in sales where I had no base pay. You either turned shit into gold or you lost.

It’s amusing to see how opinions vary today around the industry. Some ISOs still swear by UCCs, some stopped bothering with them years ago. Some say mailers are great. Others say they have tried them and they were terrible. Press 1s are the worst or Press 1s get deals funded. Web leads bring in too many annoying startups or web leads are the only type of leads that work.

What sucks and what doesn’t is undoubtedly affected by your attitude. If you’re used to the Glengarrys, then how patient will you be for what veterans consider to be junk?

In the upcoming March/April magazine issue that will be mailed out at the end of this month, I interviewed a 25-year old sales rep who had much more on the line than the fear of just losing his job. He became very successful after just a few years of cold calling.

For anyone out there who has bought leads only to bash them afterwards, was it really because they were bad? Or was it because you weren’t hungry enough?

It makes all the difference.

Revenue Recognition for the MCA Industry

March 1, 2015
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This is question #6 in a 6-part interview series about Merchant Cash Advance Accounting between deBanked’s Sean Murray and Yoel Wagschal, CPA and Christina Joy Tharp.

Q: How should funders record revenue?

A:

Merchant Cash Advance AccountingThe accounting of MCA companies must not show their transactions in a way that cash advances can be seen as loans. As we all know, a lot of people in the law enforcement community wish to compare MCAs to lending companies. They would like to conclude that MCAs are lending money at a higher interest rate than is currently allowed by law.

When our firm speaks to clients in the MCA industry who continually use the loan method of accounting, it makes our firm very nervous for them. We see that MCA companies are unwittingly affirming what those law enforcement communities want to allege.

By keeping your accounting books on an established lending method of accounting, you are setting up your company for lawsuits while simultaneously setting up the industry for scrutiny. There is one thing we all must agree on: MCA companies must strive against accounting procedures that will ultimately classify them as loan sharks. If an MCA company is unsure as to how to set up their accounting so as to reflect MCA standards, please contact a knowledgeable CPA who can guide you appropriately.

In general, revenue is recognized when a specific critical event has occurred and when the amount of revenue is measurable. Every American business recognizes revenue and gains when goods and services, merchandise, or other assets are exchanged for cash (or claims to cash). However, there are a number of issues with the old US GAAP way of revenue recognition, especially for MCA companies.

A lot of companies are struggling in their attempt to establish the right path for their specific industry. What happens is that certain companies in the same industry conclude differently than other companies and this leads to inconsistencies in reporting. This is why the accounting standard setters now feel a need for new revenue recognition standards. As most accountants are aware, the new standards will be put into practice over the next two years.

Unfortunately, although the new standards reach a wide variety of industries they have not specifically addressed the MCA industry. The MCA industry has its own challenges in accounting for revenue, specifically the ‘right’ way to account for purchasing future sales. Whenever the topic comes up it soon turns into a hot debate regarding how and when to recognize revenue.

Going into all of the nuances would be too complex and truly each side of the argument may have merit. The real issue is when revenue should be recognized. One option is to recognize revenue at the time of funding. The other option is to recognize revenue on an ongoing basis (pro-rate when funds are being collected).

Here we will go back to our initial example and show the difference between the two options. All we need to change is journal entry C and journal entry D.

Here are the original entries, which show immediate revenue recognition:

(C)We provide funds to the merchant:

Accounts Debit Credit
Accounts Receivable $100,000
MCA Cash $70,000
Revenue $30,000

(D)Daily ACH from Merchant (x100):

Accounts Debit Credit
MCA Cash $1,000
Accounts Receivable $1,000

Here we use the deferred method, which show ongoing revenue recognition:

(C)We provide funds to the merchant:

Accounts Debit Credit
Accounts Receivable $100,000
MCA Cash $70,000
Deferred Revenue $30,000

(D)Daily ACH from merchant (x100):

Accounts Debit Credit
MCA Cash $1,000
Accounts Receivable $1,000
Deferred Revenue $300
Revenue $300

There are two other methods, both of which are completely incorrect and both of which our accounting firm has seen in use. The first incorrect method is when revenue is only recognized at the end – when the contract is completely paid off. This method could get your organization into real trouble. For instance, what if the contract is renewed? In those terms, a contract could renew over and over and the MCA company would never recognize the revenue. This could lead to the IRS charging you (even criminally) for tax evasion.

The second incorrect method is the loan method. This method calculates each payment’s interest and principal (similar to a conventional loan). As we outlined above, using the loan method of accounting only sets your MCA company up for scrutiny and legal action. Your own books could be used as evidence to show that your company is violating usury laws.

In conclusion, if it looks like a duck, quacks like a duck, and swims like a duck – it’s a duck! Be sure your accounting books do not paint the portrait of a loan company. Simply calling yourself a MCA company is not enough – you must be a MCA company through and through.


This interview was done with Yoel Wagschal CPA and his staff accountant Christina Tharp. They can be reached at:

Phone (845) 875-6030
Fax (845) 678-3574
Email: cjt@ywcpa.com
http://ywcpa.com


Please consult with an accountant to assess your particular situation and needs.