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    Amazon scales back cargo flying as demand cools, contractor says

    Air Transport Services Group said Amazon will be flying less in response to a worsening economic outlook.
    ATSG operates a significant portion of Amazon’s air freight network.
    Demand for air cargo has cooled recently after increasingly rapidly during the Covid pandemic.

    An Amazon-branded Boeing 767 freighter, nicknamed Amazon One, flies over Lake Washington during the Seattle Seafair Air Show on Aug. 5, 2016 in Seattle.
    Getty Images

    One of Amazon’s key air cargo operators said Monday that the e-commerce giant is scaling back on flights this year, citing lower demand and slower economic growth.
    Air Transport Services Group, which runs a significant portion of Amazon’s air cargo fleet, said it expects to operate Boeing 767 freighters dedicated to servicing Amazon and DHL at reduced schedules and less flight time per aircraft.

    “Both companies are adjusting their ground and air distribution and fulfillment networks in the United States to conform to reduced U.S. economic growth and consumer spending levels in the first half of 2023,” ATSG said.
    Air cargo rates, which surged in recent years due to port congestion and high demand for fast deliveries, have slumped. The Baltic Air Freight Index was down more than 33% on Jan. 30 from a year earlier. The International Air Transport Association said last month that air cargo demand in November was down nearly 14% from the year-ago period, while capacity fell 1.9%.
    Meanwhile, passenger airlines have said travel demand has held up as consumers prioritize trips and other experiences.
    But coming off Amazon’s weakest year for growth in its quarter century as a public company, CEO Andy Jassy has taken steps to curtail expenses. That includes cutting more than 18,000 jobs, pausing warehouse expansion and shuttering some projects.
    Amazon built out its fulfillment and logistics network at a frenzied pace during the Covid pandemic, as demand for e-commerce surged. Since then, rising inflation and a slowdown in consumer spending has forced Amazon to downsize. The company has weighed selling excess space on its cargo planes to other airlines, Bloomberg reported last December.

    ATSG said Monday that Amazon may not extend its leases on five Boeing 767-200 freighters, which are due to expire between May and September. Amazon opted to continue leasing four 767-200s into 2024, it added.
    Shares in ATSG slumped 9% in afternoon trading. Amazon’s stock fell about 1%. Representatives from both companies didn’t immediately respond to a request for comment.
    Amazon in October hired Hawaiian Airlines to fly large, rented Airbus cargo jets, and said it would retire some older planes.
    Through Amazon Air, the company has built up a burgeoning air network to control more aspects of the delivery process and ensure faster delivery. It invested in ATSG and Atlas Air Worldwide Holdings, though Atlas agreed last year to be taken private by an investor group. Amazon also contracted with passenger airline Sun Country to provide crews and planes to fly packages. The e-retailer typically leases freighters from its air contractors, but it has also purchased used jets from Delta and WestJet.
    In addition to Amazon and DHL reducing their air cargo schedules, delivery giant FedEx has also announced cost-cuts that include parking planes and cutting some corporate jobs.
    WATCH: How the pandemic shifted how Boeing and airlines think about air cargo

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    More than half of all ‘Avatar: The Way of Water’ tickets have been for 3D showings

    More than 56% of all domestic tickets sold for Disney’s “Avatar: The Way of Water” have been for 3D screenings.
    The James Cameron film is just shy of becoming the third-highest grossing film of all time.
    In 2022, 3D showings accounted for 7.7% of all ticket sales. Removing “The Way of Water,” these tickets were only 3.7% of total sales.

    Avatar: The Way of Water
    Courtesy: Disney Co. 

    As Disney and James Cameron’s “Avatar: The Way of Water” climbs its way up the box office ladder — as of Monday, it was just shy of becoming the third-highest grossing film of all time — movie theater analysts are spotting an important trend in ticket sales.
    While moviegoers have been gravitating towards premium cinema experiences in the wake of the pandemic, “The Way of Water” has easily outpaced the competition. Released in mid-December, the movie has drawn significantly more patrons to higher-priced showings on its way to more than $2 billion globally. Only this past weekend did it give up the no. 1 spot at the domestic weekend box office.

    When people go to the movies they have several choices for how to watch a movie. Film formats include traditional 2D viewing, 3D shows and 70 millimeter movies, said Steve Buck of movie data firm EntTelligence. Auditorium formats are digital, often called standard, and then premium, which includes screens like IMAX, Dolby Cinema and ScreenX.
    Throughout its run, “The Way of Water” has generated nearly 30% of its domestic ticket sales from premium format showings, averaging $17.80 per ticket, according to data from EntTelligence. For comparison, all other movies released in 2022 — not including “The Way of Water” — saw less than 14% of ticket sales from premium showings, averaging $15.76 a ticket.
    Bolstering box office numbers for the film is the push from Disney and Cameron for 3D showings. This format, which can be found at standard theaters and in premium auditoriums, also carries a higher price tag. Since its release, the “Avatar” sequel has seen more than 56% of its tickets sold for 3D showings. These tickets averaged $16.30 a piece, while traditional 2D tickets sold for around $12.12 each.
    In 2022, 3D showings accounted for 7.7% of all ticket sales. Removing “The Way of Water,” these tickets were only 3.7% of total sales.
    The original 2009 “Avatar,” which is the top grossing film of all time, also did well with 3D and premium tickets. According to Variety, 80% of its haul came from those formats and auditoriums.

    “The very essence of the film’s appeal is inextricably linked to the manner in which it is viewed by the audience and perhaps more than any other film series in history has 3D baked into its cinematic DNA,” said Paul Dergarabedian, senior media analyst at Comscore. 
    To be sure, “The Way of Water” has not reached its historic box office just because of surcharges for 3D and premium format screenings. While some questioned the franchise’s cultural relevance after more than a decade between films, the sequel has lured in moviegoers across the demographic spectrum.

    Stock chart icon

    IMAX stock performance

    The film has skewed toward male audiences between 18 and 34 years old, but “The Way of Water” has also brought in a significant number of older moviegoers, who, up until recently, had been reticent to return to cinemas.
    “When I saw ‘Avatar,’ the new one, I had to see that one in 3D,” said Jorge Rodriguez, a 23-year-old film school graduate living in Miami. Rodriguez sees between two and four films a month, rarely opting for premium showings unless a movie demands it, as was the case for “The Way of Water.”
    While “The Way of Water” has generated significant interest for 3D screenings, box office analysts don’t expect the format will experience the same wave of prominence as was seen in 2009 when the first film was released. There was a small window in the wake of “Avatar’s” release where studios marketed 3D heavily and audiences came out in droves for those features. However, that interest has waned in the last decade.
    Premium formats, on the other hand, are expected to continue to draw moviegoers. Movie theater operators are investing heavily in upgrades to seating, projectors and sound systems. Many are removing traditional digital projectors and installing laser units, citing cost savings over time and a better picture quality for moviegoers.
    One operator told CNBC that traditional digital bulbs need to be replaced after around 2,000 hours and produces so much heat, that theaters have to pay more to air-condition the rooms that these projectors are housed. Laser components last for 20,000 hours, meaning they can go years without being replaced. While there is a higher upfront cost for theaters to install these new projectors, it provides a crisper picture and less maintenance over time.
    In the wake of the pandemic, moviegoers have become even more discerning about which films they will leave the house to see in theaters and how they want to view those films. In improving the baseline for these experiences, cinema owners hope to lure consumers back more frequently and persuade them to upgrade to premium screenings.
    This can most recently be seen from AMC, which on Monday announced a new ticket pricing scale based on seat locations in its auditoriums. Dubbed Sightline, this new program allows customers to pay less, or more, for a movie ticket based on where they choose to sit.
    Avid moviegoer Rodriguez said he is very price conscious when it comes to buying tickets, often only choosing to pay for premium showings for big blockbusters or horror films.
    “I love the comfy seats, but mostly I go for the sound,” he said. “I really like the sound in theaters as opposed to the house.”

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    FAA proposes more than $1 million fine on United Airlines over preflight safety checks

    The FAA alleged United removed a fire-system warning check from its Boeing 777 checklist.
    The agency said the carrier operated more than 100,000 flights that didn’t meet airworthiness requirements.
    United has 30 days to respond to the FAA’s enforcement letter.

    United Airlines Boeing wide body 777-200 aircraft as seen during take off and flying phase, passing in front of the air traffic control tower while the plane is departing from Amsterdam Schiphol Airport AMS towards Houston IAH in the United States of America as flight UA21. 
    Nicolas Economou | Nurphoto | Getty Images

    The Federal Aviation Administration said Monday it is proposing a more than $1.1 million penalty against United Airlines for allegedly failing to perform required fire system safety checks on its Boeing 777s.
    The FAA alleged that in 2018 United removed a fire system warning check from a preflight checklist and operated 102,488 Boeing 777 flights from June 2018 to April 2021 without making sure they were in an airworthy condition “properly maintained for operation,” according to a letter from the FAA on Monday to United’s CEO, Scott Kirby. CNBC viewed the letter.

    “The safety of our flights was never in question,” United said in a statement. 
    The carrier said that it changed its preflight checklist in 2018 “to account for redundant built-in checks performed automatically by the 777” and said that was reviewed and approved by the FAA at the time.
    “In 2021, the FAA informed United that United’s maintenance program called for the pre-flight check by pilots,” the airline said in a statement. “Once confirmed, United immediately updated its procedures.”
    United said it will review the proposed fine.
    “The inspection is required in the maintenance specifications manual. Removal of the check resulted in United’s failure to perform the required check and the operation of aircraft that did not meet airworthiness requirement,” the FAA said in a statement. 
    United had 96 Boeing 777s as of the end of 2021, making up about 11% of its total fleet, according to a securities filing.

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    Mediterranean restaurant chain Cava confidentially files for an IPO

    Cava, the Mediterranean restaurant chain modeled after Chipotle, has confidentially filed for an IPO.
    In 2018, Cava bought Zoes Kitchen and is converting those locations into its own fast-casual restaurants, expanding its footprint.
    Cava also sells its dips and spreads, like spicy hummus, tzatziki and tahini dressing, at Whole Foods and other grocery stores.

    A logo outside of a Cava restaurant location in Chantilly, Virginia.
    Kristoffer Tripplaar | Sipa USA | AP

    Mediterranean chain Cava announced Monday it has confidentially filed for an initial public offering.
    It’s the first restaurant company so far this year to take the first step toward a public market debut, following a drought of IPOs in 2022.

    Cava Group was founded in 2006 and opened its first fast-casual location in 2011, modeling its build-your-own Mediterranean meals after the formula made popular by Chipotle Mexican Grill. In 2018, it bought Zoes Kitchen for $300 million, taking the chain private. The company is converting Zoes locations into new Cava restaurants, expanding its footprint.
    Cava also sells its dips and spreads, like spicy hummus, tzatziki and tahini dressing, at Whole Foods and other grocery stores.
    The company raised $230 million in April 2021 at a valuation of $1.71 billion, according to Pitchbook data.
    Cava said Monday the offering is subject to market conditions and other factors. Last year, the war in Ukraine, soaring inflation and recession fears caused many companies to scrap their plans to go public. Among those was Panera Bread, which was founded by Cava investor and Chairman Ron Shaich.
    Investors have had mixed reactions to fast-casual restaurant chains over the last year. Chipotle’s stock has risen 13% as price hikes have fueled sales growth, but salad chain Sweetgreen has seen its shares lose more than half their value over concerns about its path to profitability.
    Cava CEO Brett Schulman told CNBC in 2019 that the company was profitable at that time, which could make the offering more attractive to potential shareholders.

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    ‘Phishing-as-a-service’ kits are driving an uptick in theft: What you can learn from one business owner’s story

    Small business owner Cody Mullenaux fell victim to cybercriminals who used sophisticated technology to convince him they were from the Chase fraud department and stole more than $120,000 in wire transfer scam.
    The criminals also tricked a Chase employee by successfully impersonating Mullenaux when they called to authorize the fraudulent wire transfers.
    Cybersecurity experts warn of uptick in sophisticated multiprong attacks using “phishing-as-a-service” kits. They predict the threat will only get worse this year.
    Scammers exploited regulatory loopholes resulting in Chase not being responsible to reimburse Mullenaux’s stolen funds.

    Cody Mullenaux and his family. Mullenaux was the victim of a sophisticated wire fraud scheme that has resulted in $120,000 being stolen
    Courtesy: Cody Mullenaux

    Banks have spent enormous amounts on cybersecurity and fraud detection but what happens when criminal tactics are sophisticated enough to even fool bank employees? 
    For Cody Mullenaux, it meant having more than $120,000 wired from his Chase checking account with little hope of ever recouping his stolen funds.

    The saga for Mullenaux, a 40-year-old small business owner from California, began on Dec. 19. While Christmas shopping for his young daughter, he received a call from a person claiming to be from the Chase fraud department and asking to verify a suspicious transaction.
    The 800-number matched Chase customer service so Mullenaux didn’t think it was suspicious when the person asked him to log into his account via a secured link sent by text message for identification purposes. The link looked legitimate and the website that opened appeared identical to his Chase banking app, so he logged in. 
    “It never even crossed my mind that I was not speaking with a legitimate Chase representative,” Mullenaux told CNBC.
    Gone are the days when the only thing a consumer had to be wary of was a suspicious email or link. Cybercriminals’ tactics have morphed into multipronged schemes, with multiple criminals acting as a team to deploy sophisticated tactics involving readymade software sold in kits that mask phone numbers and mimic login pages of a victim’s bank. It’s a pervasive threat that cybersecurity experts say is driving an uptick in activity. They predict it will only get worse. Unfortunately, for victim of these schemes, the bank isn’t always required to repay the stolen funds.
    After he was logged in, Mullenaux said he saw large amounts of money moving between his accounts. The person on the phone told him someone was in his account actively trying to steal his money and that the only way to keep it safe was to wire money to the bank supervisor, where it would be temporarily held while they secured his account.

    Terrified that his hard-earned savings was about to be stolen, Mullenaux said he stayed on the phone for nearly three hours, followed all the instructions he was given and answered additional security questions he was asked. 
    CNBC has reviewed Mullenaux’s cellular records, bank account information, as well as images of the text message and link he was sent.

    A team of scammers

    What Mullenaux, who is the inventor and founder of Aquaphant, a technology company that converts moisture from the air into filtered water, didn’t know was the person on the phone was part of a sophisticated cybercriminal team.
    While Mullenaux spoke with this fake fraud department rep, a second scammer was impersonating Mullenaux on another phone call with Chase to authorize the wire transfers. All the answers to the security questions Mullenaux was asked were then being fed to the second scammer. This allowed the fraudsters to provide the correct answers and convince the Chase employee they were speaking to the account holder.
    The hoax worked. Once the Chase employee was convinced that it was Mullenaux who called to authorize the three wire transfers, over $120,000 disappeared from his bank account and despite his best efforts none of it has been recouped. 
    In a statement to CNBC, a Chase spokesman said, “Banks will never ask consumers or businesses to send money to themselves or anyone else to prevent fraud, but scammers will. To confirm you are really speaking to Chase, call the number on the back of your card or visit a branch.”

    Cody Mullenaux, the inventor and founder of Aquaphant, a technology company that converts moisture from the air into filtered water, with his team and family.
    Courtesy: Cody Mullenaux

    Little recourse for victims of wire scams

    Mullenaux said he feels frustrated and defeated about his experience trying to recover his stolen funds.
    “No matter what they do to try and safeguard customers, scammers are always one step ahead,” Mullenaux said, adding that his money would have been safer in a shoebox than in a big bank that cybercriminals are targeting.
    The Federal Trade Commission advises that any customer who thinks they might have sent money to scammers via a wire transfer should immediately contact their bank, report the fraudulent transfer and ask for it to be reversed.
    Time is critical when trying to recover funds sent via fraudulent wire transfer, the FTC told CNBC. The agency said victims should also report the crime to the agency as well as the FBI’s Internet Crime Complaint Center, the same day or next day, if possible. 
    Mullenaux said he realized something was wrong the next morning when his funds had not been returned to his account.
    He immediately drove to his local Chase bank branch where he was told he had likely been the victim of fraud. Mullenaux said the matter wasn’t handled with any sense of urgency, and a reverse wire transfer attempt, which the FTC suggests customers ask for, wasn’t offered as an option.
    Instead, Mullenaux said the branch employee told him he would receive a packet in the mail within 10 days that he could fill out to file a claim. Mullenaux asked for the packet immediately. He filled it out and submitted it the same day.
    That claim, along with a second one Mullenaux filed with the executive branch, were denied. The employees investigating the matter said Mullenaux had called to authorize the wire transfers.

    Cody Mullenaux and his daughter. Mullenaux had been shopping for Christmas gifts for his daughter when he received a call from a man impersonating a Chase fraud department employee.
    Courtesy: Cody Mullenaux

    CNBC provided Chase with Mullenaux’s cellular phone records that showed he never made any outgoing phone calls to Chase on the day in question. The records also suggest, when compared with the wire transfer records, that it could not have been Mullenaux who called Chase to authorize the wire transfers because all three were authorized and went through while Mullenaux was still on the phone with the scammers.
    However, that didn’t change the bank’s decision and, again, Mullenaux’s claim was denied since he had shared his private information with the criminals.

    Scammers exploited regulatory loopholes

    Whether the scammers realized they were doing it or not, they successfully exploited two loopholes in current consumer protection legislation that resulted in Chase not being required to replace Mullenaux’s stolen funds. Legally, banks do not have to reimburse stolen funds when a customer is tricked into sending money to a cybercriminal.
    However, under the Electronic Fund Transfer Act, which covers most types of electronic transactions like peer-to-peer payments and online payments or transfers, banks are required to repay customers when funds are stolen without the customer authorizing it. Unfortunately, wire transfers, which involve transferring money from one bank to another, are not covered under the act, which also excludes fraud involving paper checks and prepaid cards.
    The cybercriminals also transferred funds from Mullenaux’s personal checking and savings accounts to his business account before initiating the wire transfers. Regulation E, which is designed to help consumers get their money back from an unauthorized transaction, only protects individuals, not business accounts.
    A representative for Chase said that the investigation is ongoing as the bank tries to recover the stolen funds.
    That is something Mullenaux says he is praying for. “I pray that this tragedy is somehow reconciled, that [bank] management sees what happened to me and my money is returned.”
    Mullenaux has also filed reports with the local police and the FBI’s Internet Crime Complaint Center, but neither have contacted him about his case.

    Sophisticated scamming tactics on the rise

    It’s not just Chase customers being targeted by cybercriminals with these sophisticated schemes. This past summer, IronNet uncovered a “phishing-as-a-service” platform that sells ready-made phishing kits to cybercriminals that target U.S.-based companies, including banks. The customizable kits can cost as little as $50 per month and include code, graphics and configuration files to resemble bank login pages.
    Joey Fitzpatrick, a threat analysis manager at IronNet, said that while he can’t say for certain that this is how Mullenaux was defrauded, “the attack against him bears all the hallmarks of attackers leveraging the same sort of multimodal tools that phishing-as-a-service platforms provide.”
    He expects “as-a-service”-type offerings will only continue to gain traction as the kits not only lower the bar for low- to medium-tier cybercriminals to create phishing campaigns, but it also enables the higher-tier criminals to focus on a single area and develop more sophisticated tactics and malware.
    “We’ve seen a 10% increase in deployment of phishing kits in January 2023 alone,” Fitzpatrick said.
    In 2022, the company saw a 45% increase in phishing alerts and detections.
    But it’s not just phishing schemes on the rise, it’s all cyberattacks. Data from Check Point showed in 2022 there was a 52% increase in weekly cyberattacks on the finance/banking sector compared with attacks in 2021.
    “The sophistication of cyberattacks and fraud schemes has significantly increased during the last year,” said Sergey Shykevich, the threat group manager at Check Point. “Now, in many cases cybercriminals don’t rely only on sending phishing/malicious emails and waiting for the people to click it, but combine it with phone calls, MFA [multifactor authentication] fatigue attacks and more.”
    Both cybersecurity experts said banks can be doing more to educate customers. 
    Shykevich said the banks should invest in better threat intelligence that can detect and block methods cybercriminals use. An example he gave is comparing a login to a person’s digital “fingerprint,” which is based on data such as the browser an account uses, screen resolution or keyboard language.

    Best advice: Hang up the phone

    There was one thing that Chase, federal agencies and cybersecurity experts were all in agreement on: if a customer receives a phone call from their bank and the person starts asking for information, hang up and call the bank back yourself.
    “If a consumer gets a call, text or email out of the blue from anyone claiming to be from their bank, alerting them of a problem, the consumer should hang up (or delete the text/email and don’t click on links) and try calling their bank on a phone number they know to be real,” said an FTC spokesman.
    Cybercriminals have the ability to spoof caller ID and they may use stolen personal information to trick a victim into handing over money.
    Please email CNBC your tips here.

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    Judge could take months to decide case of Castro-era Cuban debt

    Cuba is battling an investment fund over millions of dollars in defaulted sovereign debt that dates back to when Fidel Castro ran the communist island nation.
    The UK judge in the case will likely take months to make her decision in the case.
    The trial, which wrapped up last week, featured chaotic protests and accusations of corruption.

    Fidel Castro observes the May Day parade at the Revolution Square in Havana, Cuba May 1, 1998.
    Sven Creutzmann | Mambo Photography | Getty Images

    Can the Cuban government be sued for unpaid debts from the early 1980s – debts so old they are denominated in a currency that no longer exists?
    That’s the question before a judge at the UK High Court after a seven-day trial marked by chaotic protests, a bribery accusation and remote testimony from an imprisoned Cuban banker.

    The trial ended last week, but it could be months before the judge, Sara Cockerill, renders judgement in the case of CRF vs Banco Nacional de Cuba & Cuba. Her decision is central to whether Cuba may finally be forced to pay back billions of dollars in unpaid debts.
    The trial is seen as a test case. CRF1, formerly known as the Cuba Recovery Fund, owns more than $1 billion in face value of European bank loans extended to Cuba in the late 1970s and early 1980s, when Fidel Castro still ruled the island. Cuba defaulted on the debt in 1986.
    CRF1, which began accumulating the position in 2009, is suing Cuba and its former central bank over only two of the loans they own for more than $70 million dollars. If CRF wins on this small slice of Cuba’s total outstanding commercial debt, which is estimated at $7 billion, it could lead to further lawsuits from other debt holders, with claims against Cuba rising into the billions.
    While the most dramatic testimony has focused on an accusation of bribery, much of the trial has focused on the arcana of Cuban and English law.
    Were there enough signatures from Cuban bank officials on the paperwork when the loans in question were “reassigned” or transferred to CRF?  Was the paperwork stamped with a dry-pressure seal or a wet-ink stamp and did they use the correct blue security paper? At one point the barrister for CRF cited a British property case regarding the lease of a fried fish shop.

    The question before the judge is of whether the fund has the right to sue Cuba. Still, experts said she could issue a summary judgement in which she rules not only on jurisdiction but also on substance, meaning not just whether CRF can sue, but also whether Cuba must pay.
    Throughout the trial, representatives of the fund have repeatedly stated that they did not want to sue Cuba but did so only as a “last resort” after the government ignored their requests to negotiate for 10 years.
    “Even at this late date, in a case where we expect to prevail, CRF is willing to settle,” David Charters, chairman of CRF, said at the conclusion of the trial.
    During testimony, CRF representatives said they made more than one offer to the Cuban government that would not drain the island’s current cash flow and would help improve its economy. They described offers of long-duration non-coupon bonds and debt for equity swaps, neither of which would force Cuba to come up with cash in the near term, or even the long term, depending on the deal.
    The Cubans have argued that it was always CRF’s intention to sue and has described them as a vulture fund taking advantage of an impoverished country.
    No matter how the judge rules, the Cuban government will still owe the money. And they will not be able to borrow on the international capital markets until they have settled all their past debts. Cuba hasn’t been able to borrow in the markets since 1986, when the country defaulted. Since then, Cuba has survived on the largesse of other countries such as the former Soviet Union and, more recently, Venezuela and China.
    Cuba is not a member of the IMF or the World Bank, institutions that would typically be involved in helping an impoverished country restructure its debts and reemerge into the international financial system.
    The Cuban government did not respond to requests for comment.

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    A prominent UK cybersecurity stock is under attack from short sellers. Here’s what you need to know

    Cybersecurity firm Darktrace was last week targeted in a short seller report from New York-based asset manager Quintessential Capital Management.
    QCM said it found alleged flaws in Darktrace’s accounting and raised concerns over its connections to Mike Lynch, a tech tycoon facing U.S. criminal fraud charges.
    In response, Darktrace CEO Poppy Gustafsson issued a statement defending the company from what she called “unfounded inferences” made by QCM.

    Darktrace, one of the U.K.’s largest cybersecurity companies, was founded in 2013 by a group of former intelligence experts and mathematicians.
    Omar Marques | SOPA Images | LightRocket via Getty Images

    Cybersecurity company Darktrace, one of the U.K.’s most prominent tech names, has found itself under attack from short sellers.
    The company, whose tools allow firms to combat cyberthreats with artificial intelligence, was last week targeted in a report by New York-based asset manager Quintessential Capital Management.

    QCM, whose stated aim is “exposing fraud and criminal conduct in public companies around the world,” claims it has had a 100% success rate in its activist campaigns.
    The company told Reuters it holds a short position of 1.3% in Darktrace shares.
    London-based hedge fund Marshall Wace also shorted Darktrace, according to data site Breakout Point.
    Short selling is a strategy in which investors bet on the price of a stock going down in value. A trader borrows the stock and then sells it on the assumption that it will fall, before buying it back at a discounted price and pocketing the spread.

    What is Darktrace?

    Darktrace, one of the U.K.’s largest cybersecurity companies, was founded in 2013 by a group of former intelligence experts and mathematicians.

    The Cambridge-headquartered company says its technology uses AI to detect and respond to cyberthreats in a business’ IT systems.
    The company floated on the London Stock Exchange in 2021, and its debut was seen as a key victory in the U.K.’s bid to lure more high-growth tech startups to the London market after its withdrawal from the European Union.
    The stock’s performance following the listing has been underwhelming. After initially rising to an all-time high of £9.45 ($11.58) in October 2021, Darktrace shares have since plunged dramatically in tandem with a broader slump in global tech stocks.
    As of Monday afternoon, Darktrace shares were trading at a price of £2.32, down 37% in the last 12 months.

    Stock chart icon

    Darktrace share price performance in the last 12 months.

    In August, the firm opened takeover talks with U.S. private equity firm Thoma Bravo. However, Thoma Bravo walked away from the deal a month later after the two sides failed to reach an agreement.

    Why is it under attack?

    On Tuesday, U.S. hedge fund QCM said it had taken a short position out against Darktrace and published a lengthy report detailing alleged flaws in Darktrace’s accounting.
    QCM said that, following an investigation into Darktrace’s business model and selling practices, it was “deeply skeptical about the validity of Darktrace’s financial statements” and believed sales and growth rates may have been overstated.
    “We would like to give our strongest possible warning to investors and believe that DT’s equity is overvalued and liable to a major correction, or worse,” QCM said in the report.
    Darktrace was accused by QCM of engaging in “channel stuffing” and “round-tripping” — activities that artificially inflate a company’s reported sales — involving individuals with ties to organized crime, money laundering and fraud.
    Darktrace didn’t directly address those allegations. On Wednesday, the firm’s CEO Poppy Gustafsson issued a statement defending the company from what she called “unfounded inferences” made by QCM.

    Separately, QCM suggested Darktrace may have inflated its revenues by booking unearned revenues as actual sales.
    The company occasionally books revenue from payments for contracts it receives before delivering its service to clients as deferred revenue, according to the report.
    This is not uncommon among subscription-based software companies. However, QCM noted deferred revenue as a percentage of Darktrace’s sales had dropped between 2018 and 2022, suggesting the firm “may have increasingly been booking unearned revenue as actual sales.”
    In response, Darktrace said: “Rarely, customers will pay full contract values in advance but because this is infrequent, non-current deferred revenue balances will decline as these contracts run down unless there is another unusual, large, in-advance payment.”
    QCM alleged Darktrace may have tried to fill gaps in its receivables left by clients dropping out of sales negotiations through marketing sponsorships with indebted resellers and using shell companies to pose as phantom clients.
    “Organisations that transact with the channel will typically co-host marketing events with their partners. Partner marketing events are a normal course of business for almost all software businesses and Darktrace is no different,” Darktrace said Wednesday.
    “This has been, and remains, a very small part of Darktrace’s marketing and the costs of them over the last five years has consistently been substantially below 0.5% of Darktrace’s revenue,” Darktrace added.
    Darktrace was not immediately available for comment when contacted by CNBC.
    Separately Wednesday, Darktrace said it would embark on a share buyback worth up to £75 million ($92 million) to be completed no later than Oct. 31, 2023.

    The Lynch connection

    It’s worth noting that, even before the QCM report, there were clouds hanging over Darktrace’s business. Analysts have criticized the company over an allegedly aggressive sales culture and doubts over the value of its technology.
    Darktrace is also backed by Mike Lynch, the British tech tycoon.

    Mike Lynch, former CEO of Autonomy.
    Hollie Adams | Bloomberg via Getty Images

    Lynch founded the enterprise software firm Autonomy, whose sale to Hewlett-Packard was mired in scandal over accusations that Lynch plotted to inflate the value of Autonomy before it was bought by HP for almost $11 billion in 2011.
    In 2022, a British judge ruled in favor of HP in a civil fraud case against Lynch. Lynch, an influential figure in the U.K.’s tech scene, faces a possible criminal trial in the U.S. after the U.K. government approved his extradition last year.
    He has repeatedly denied the allegations.
    Several executives at Darktrace, including Gustafsson and Chief Strategy Officer Nicole Eagan, previously worked for Autonomy.
    The QCM report also raised concerns over the connections between Darktrace and Autonomy.
    “Darktrace has been led or strongly influenced by many of the very same individuals that participated in the Autonomy debacle,” QCM said in its report.
    “If our allegations are confirmed, we expect Darktrace to follow the same tragic destiny of its predecessor, Autonomy,” QCM said.
    Lynch is reportedly no longer involved with Darktrace’s management, but remains a significant shareholder.
    Lynch is no longer involved with Darktrace’s management, but remains its sixth-largest shareholder, according to Refinitiv Eikon data.
    Meanwhile, Darktrace is also suffering from uncertainty related to the wider macroeconomic environment. The company lowered its forecast for annual recurring revenue growth for the year ending June 2023 to between 29% and 31.5%, down from an earlier forecast of 31% to 34%, citing weaker customer growth.

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    National Enquirer sold to group that includes indicted ex-MoviePass chairman

    The National Enquirer, the tabloid at the center of several controversies involving Donald Trump, will be sold.
    The tabloid will be bought by a group that includes a company founded by Theodore Farnsworth, the indicted ex-chairman of MoviePass.
    The sale also includes tabloid brands the Globe and the National Examiner.

    In this photo illustration, celebrity gossip dominates the cover of a National Enquirer magazine on April 11, 2019 in Chicago, Illinois.
    Scott Olson | Getty Images

    The National Enquirer, the tabloid at the center of several scandals involving former President Donald Trump, will be sold to a joint venture involving Theodore Farnsworth, the former MoviePass chairman who has been criminally charged with securities fraud.
    The Enquirer’s parent company, a360 Media, agreed to sell the publication – along with other tabloid brands the National Examiner, the Globe and the National Enquirer UK – to VVIP Ventures, a joint venture made up of Vinco Ventures and Icon Publishing, the companies said Monday. Vinco owns Lomotif, which it touts as a TikTok competitor.

    “We look forward to integrating these publications into our business and continuing their legacy of success,” Vinco Executive Chairman Rod Vanderbilt said in a statement.
    The deal’s price wasn’t disclosed, but Farnsworth, the founder of Icon Publishing, told The New York Times that it was a little under $100 million. The National Enquirer has been on the block for about four years.
    Both sides of the transaction have checkered and controversial histories.
    In November, prosecutors alleged that Farnsworth and others misled investors about MoviePass, the once-hot movie ticketing startup, by saying its “unlimited” plan would be sustainable and profitable. Rather, authorities said, the two men knew it was merely a marketing tactic. The Securities and Exchange Commission also accused Farnsworth of misdeeds. A spokesman for Farnsworth has said his lawyers would fight the charges until he’s vindicated.
    The news of the deal also comes a week after former National Enquirer publisher David Pecker and his attorney were seen entering a Manhattan courthouse where a grand jury was meeting to determine whether to charge Trump over an alleged scheme to pay hush money to porn star Stormy Daniels ahead of the 2016 election.

    Pecker was known to be friends with Trump. He has been accused of pulling “catch and kill” tactics on stories that were seen as potentially embarrassing to Trump. Meaning, the Enquirer under his watch would allegedly pay for stories about Trump and never publish them.
    In 2018, for instance, federal prosecutors gave immunity to the National Enquirer’s parent company over the $150,000 hush-money payment the tabloid gave Karen McDougal, the Playboy model who claims she had an affair with Trump.
    Yet while the Enquirer had occasionally played a key role in American politics over the past few years, given its link to Trump and how it broke the John Edwards affair story in 2008, the supermarket checkout line mainstay is a shadow of its former self. In 2020, The Washington Post reported that the Enquirer’s circulation had fallen 90% over the previous two decades.

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