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SCO Gets New Money From Old Friends


SCO v The World

By JCausey, Section SCO Related Articles
Posted on Thu Dec 1st, 2005 at 10:06:16 EST

On Wednesday, Nov. 30, 2005, The SCO Group issued a press release detailing a recent stock deal to raise $10 Million in new funds. They didn't do this by enticing anyone who was not previously invested in SCOX already. No, instead they convinced "existing SCO institutional shareholders and a member of the company's board of directors" to pony up some more money. The official line, as presented by CEO Darl McBride is that it is "a vote of confidence by our existing investors that will bolster our efforts..." And we all have our opinions on what the purpose of those "efforts" are.

Those who follow the SCO saga closely are already familiar with the name Bert Young. That's because Bert Young was named the CFO for SCO back in April 2004 amidst turmoil involving the Baystar investment in SCO which went sour. Bert Young was also the CFO for MarchFirst, a company that went bankrupt in 2001. It was later discovered a massive fraud was occurring at MarchFirst leading to a wide assortment of lawsuits. Many surmised some financial shenanigans would result with Young involved at SCO. With the company starting to run low on cash, it looks like some more of the old MarchFirst crew is being called back into action.

Over at the Yahoo! SCOX board, several members there have already started digging into the background related to this recent press release as well as making conjectures on who the specific investors are. Following up those leads, I've tried to piece together this composite of the latest players to get involved with the "SCOscam".

I Need A Roundtrip Ticket
To go back in time some, let's start with MarchFirst, Inc. MarchFirst was a consulting firm that resulted from the merger of Whittman-Hart, Inc. and USWeb/CKS in 2000. At the time, they created one of the largest technology consulting firms around. One of the leaders of the merger was Bert Young who was CFO of Whittman-Hart and then took over that role at MarchFirst.

To help in what turned out to be a major scam, MarchFirst created (at least one) a company called BlueVector. It was supposed to be an investment arm of MarchFirst. However, in subsequent lawsuits, the bankruptcy trustee alleged that BlueVector was really created to be part of a practice called "roundtripping". As a subsidiary of MarchFirst, BlueVector got funds from MarchFirst. BlueVector would then turn around and use those funds to "invest" in different companies (often start-ups). The recipient company would then "hire" MarchFirst to provide technology consulting services. The result of that was that MarchFirst was able to record sales revenues on its books and in reports to stockholders. Of course, the "sales" were really to a company that MarchFirst had created via the BlueVector intermediary. As an analogy, imagine giving your kid some money, they give it to their buddy, who then pays it to you for picking them up from the mall, and you count it as income when applying for a credit card.

BlueVector was run primarily by two individuals - Joe Josephson and Michael Tunstall. These two had a history of working together from their days at Credit Suisse First Boston, which coincidentally managed the merger of Whittman-Hart and USWeb into MarchFirst. While running BlueVector, Josephson and Tunstall helped the company fund other companies like Talk2.com (of which Bert Young was the CFO) to the tune of $43 Million, WynWyn.com, Cybrant, and Centerbeam (which was founded by Sheldon Laube, who was the same individual that had founded USWeb).

As most anyone should recognize, an exercise in "roundtripping" is eventually going to fall apart - you can only churn the money so much before people either start to notice or the amount dwindles because it just continues to pass through the same hands with some being siphoned off here and there for legit expenses that can't be avoided. In the case of MarchFirst, it did indeed come to an end in 2001 when they declared bankruptcy. And thus, our cast of characters were scattered about.

New Destinations
From BlueVector, Joe Josephson went on to investment bank Lazard Freres in their San Francisco office. Though you rarely find any mention of it in recent bio's of Josephson, it appears that sometime in 2004 he left Lazard and briefly joined The Sandi Group as a senior advisor (cached page here). Shortly after that, both he and his old business partner/friend Michael Tunstall turned up at ThinkEquity Partners, a "research-centric institutional investment firm" to share the position of managing director and head of the Mergers & Acquisitions Group. Josephson continued his stellar record of long-term employment by lasting until December 2004 when the current head of Mergers & Acquisitions for ThinkEquity, Paul Pittman, took over. A few months later, he registered the Syntax Partners domain name:

Domain Name: SYNTAXPARTNERS.COM

Created on.........:Tue,Jun 14, 2005
Expires on...........:Sat,Jun 14, 2008
Record last updated on..:Tue,Jun 14, 2005

Administrative Contact:
Joseph Josephson
<snip>
Email: jjbluevector@aol.com

I especially like the continued use of a "bluevector" e-mail address. At roughly the same time, the Syntax Partners, LLC was registered with the State of Delaware and that was followed up with registration in California in August 2005.

Reunion Time
So now we come back to our current situation. We have three major figures from ill-fated MarchFirst involved with The SCO Group. We have Bert Young as CFO for SCO and now we have both Joe Josephson and Michael Tunstall serving as advisors for this latest round of "funding". This raises the question in my mind as to whether the group has learned from their MarchFirst days and think they have figured out a way to "roundtrip" using investor funds instead of sales? I see some parallels, especially given that the "new" investment is coming from "old" investors in SCO that are already related to SCO.

The other issue that this raises in my mind is the fact that Josephson and Tunstall have backgrounds in mergers and acquisitions. When Young became CFO of SCO, there was lots of speculation regarding the type of "services" he was bringing to SCO. With the reunion of Young, Josephson, and Tunstall, one has to wonder what new "services" are in the mix for SCO. Could we see SCO "acquire" some other company with that move trumpeted to the market as evidence of SCO's strength (I'm thinking something related to the mobile push)? Another alternative might be some other company "acquiring" or "merging" with SCO (but I do not mean something like Novell or IBM buying out SCO like the shills/trolls over at the Yahoo! SCOX board like to chirp). I find this scenario a little harder to imagine as I think McBride's ego would get in the way.

Finally, we all wait to see what kind of SEC filings will be made related to this round of investment. Of course, everyone is trying to figure out which SCO Board member is one of the investors (according to SCO's site, the current Board members are Ralph Yarro, Darl McBride, Ed Iacobucci, Darcy Mott, Duff Thompson, Kent Millington, Omar Leeman, and Daniel Campbell). Likewise, we wait to see which institutional investors kicked in some more money.

Thanks for reading!
Jeff

Note: Article/submission queue bypassed for this article. Corrections can be submitted as an "editorial" comment.

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SCO Gets New Money From Old Friends | 17 comments (17 topical, 0 editorial, 7 hidden)
Re: SCO> Omar Leeman was CEO of Talk2 (3.75 / 4) (#3)
by stats4all on Tue Dec 6th, 2005 at 23:21:13 EST
(User Info)
Remember Omar Leeman, now a BOD member, jumped from WorldCom to become CEO of Talk2 in Jan. 2001.   This was just months after Bert Young becoming CFO.

Leeman and Young left about a year later, when talk2 reformed itself as Spontaneous Technology. Spontaneous developed a "spontaneous" VPN system, a sub-set of the voice enabling system previously worked on.

Spontaneous IP was sold to PumaTech in Sept. 2003 for about $4MM, Puma later became IntelliSync. IntelliSync was sold to Nokia in Oct. 2005.


The residue of Spontaneous sued Intellisync in Utah on Oct 5., 2005 claiming more money was owned on the buyout


Re: SCO Gets New Money From Old Friends (3.66 / 3) (#1)
by JCausey (jcausey@ip-wars.net) on Fri Dec 2nd, 2005 at 09:19:35 EST
(User Info) http://www.ip-wars.net
As the financial analysis continues regarding this latest investment, some folks have started looking at the cash flow projections that had previously been done regarding SCO.

One Y! member (spuluka) had done some analysis back in April when SCO released their revised statements to get back in the good graces of NASDAQ. spuluka had reached the same conclusion I had - they efforts to cut costs, while not a good long term strategy for any company - did appear to put them in a position to stay around for at least the short term.

In reading through spuluka's post on GL, one thing I noted was that a payment to BSF was due yesterday (12/1).  It makes me wonder whether they would have had enough cash to make that payment were it not for the additional "investment" they managed to pull off only a day earlier.  Or if they did have the cash for that payment, perhaps they realized there would be insufficient cash flow for other purposes (e.g. payroll, holiday bonuses, etc.).

This apparent need for a cash infusion to make the BSF payment may point to some serious stress on cash.  Obviously it was going to be tight for them, but perhaps it is tighter than we had imagined.

The other interesting issue this raises is the relationship with BSF.  If things are really as tight as they now appear, I would have thought SCO would have been able to work something out with BSF.  Did BSF take a hardline on receiving their payment?  If so, what does that say about the future relationship/lawsuit management (as I believe BSF has now received all they'll receive in the form of regular payments)?

Jeff

  • Re: SCO Gets New Money From Old Friends by ColonelZen, 12/02/2005 21:04:44 EST (none / 1)
Bye bye spambot (1.00 / 2) (#10)
by Potential Recruit on Mon Nov 27th, 2006 at 10:12:01 EST
This used to be a spambot post that is flooding the site. Due to volume, I had to resort to this while I work to block access by these bots. My apologies - thanks for your patience.

Jeff

Bye bye spambot (1.00 / 2) (#12)
by Potential Recruit on Mon Nov 27th, 2006 at 14:41:54 EST
This used to be a spambot post that is flooding the site. Due to volume, I had to resort to this while I work to block access by these bots. My apologies - thanks for your patience.

Jeff

Re: SCO Gets New Money From Old Friends (none / 1) (#5)
by dogbert on Sun Jan 15th, 2006 at 11:57:34 EST
(User Info) http://www.acute7.info
SCO is describin itself in precisely the "off beam habits". In spite of anything, SCO has come off a clumsy intimidate trying to jingle the "dinner" cash out of old friends. SCO has fallen on its sword in hopes of getting their money the "antideluvian" way, larceny it. Everyone knows what they're doing. And that leaves a bad taste in people's mouth. They see Microsoft working in the background trying to manipulate things. This will, in the long run, spur the Linux neighbourhood. And those who were on the "boundary marker" will jump into the Linux camp.
My blog archives:betas-online bestbreed
Bye bye spambot (none / 0) (#14)
by Potential Recruit on Tue Nov 28th, 2006 at 11:38:21 EST
This used to be a spambot post that is flooding the site. Due to volume, I had to resort to this while I work to block access by these bots. My apologies - thanks for your patience.

Jeff

Bye bye spambot (none / 0) (#15)
by Potential Recruit on Tue Nov 28th, 2006 at 11:38:45 EST
This used to be a spambot post that is flooding the site. Due to volume, I had to resort to this while I work to block access by these bots. My apologies - thanks for your patience.

Jeff

Bye bye spambot (none / 0) (#16)
by Potential Recruit on Tue Nov 28th, 2006 at 11:39:06 EST
This used to be a spambot post that is flooding the site. Due to volume, I had to resort to this while I work to block access by these bots. My apologies - thanks for your patience.

Jeff

Bye bye spambot (none / 0) (#17)
by Potential Recruit on Tue Nov 28th, 2006 at 11:39:29 EST
This used to be a spambot post that is flooding the site. Due to volume, I had to resort to this while I work to block access by these bots. My apologies - thanks for your patience.

Jeff

SCO Gets New Money From Old Friends | 17 comments (17 topical, 0 editorial, 7 hidden)
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