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Anti-Fraud Organization Says Weight-Loss Company Pumped Up Its Own Stock

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The Fraud Discovery Institute says diet food company Medifast's outside accounting firm, Bagell, Joseph's & Levine & Co. LLC — which runs its own money management firm — recommended the company's stock to clients, creating a conflict of interest.

The Baltimore Business Journal writes:

The Fraud Discovery Institute Inc., which has no regulatory authority over public companies, said Medifast's outside accountants also operate a wealth management firm that recommended the stock. New Jersey-based accounting firm Bagell, Josephs & Levine & Co. LLC also operates BJL Wealth Management LLC.

The San Diego firm made the conclusion after a six-week investigation. If true, the relationship would be a conflict of interest.

Medifast CEO Michael McDevitt dismissed the institute's claims. "The facts are far from accurate," he said.

Medifast, one of Baltimore's fastest-growing companies, chose the accounting firm because it specializes in companies that have a relatively small market capitalization, McDevitt said.

"The allegations are false, misleading and incorrect," Bagell, Josephs Managing Partner Carl Bagell said. The company cannot make any further comment, he said.

The Institute wrote a letter to SEC attorney Michael Brown, who says "it would appear BJL's independence as Medifast's outside auditor has been compromised," and hinted that the SEC will investigate whether Medifast paid BGL unreported compensation.

Lesson for investors: It's worth your time to look into the background of your financial manager to spot potential conflicts.

Fraud Discovery Institute accuses Medifast accountant of impropriety [Baltimore Business Journal]

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I find this hard to swallow.

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@Tambar: then i recommend you take steveliv's pain pills, in whom i have no affiliation or interest whatsoever.

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A diet food company had its stock "inflated"?


Taking a que from Tambar, I too find that hard to swallow.

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Did he just say "The Facts Are Far From Accurate?" I know in context it makes sense, but that line on its own is so funny I want it on a T-shirt or something.

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@Trae: I assumed that calling them "facts" rather than "allegations" was a Freudian slip.

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In fairness, FDI isn't just an organization out there for the public good. The owner (Barry Minkow), takes short positions (which make money if the stock drops) in the stocks of companies where he believes there to be fraud, and then publicizes the situation, hoping for investigations, all of which would push the value of the shares down, making Minkow money.


This isn't at all to say that there ISN'T fraud or conflict of interest at Medifast, just to say that the source of the report is anything but an independent party.

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I have no input other than to say that I use Medifast. It's expensive, very strict and regimented and it tastes like crap... but it works very, very well.

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The "Fraud Institute" did this same kind of thing last year to USANA and Herbalife and then put out a statement that everything was ok and that everything was completely legit and walks away with his money and the companies to repair their reps from false claims. The SEC needs to do some serious investigating of Minkow(who has already done jail time for fraud) and the "Fraud Discover Institute". Just so ironic no one sees it.