Nod as good as a wink to a blind ASIC interviewer ELIZABETH KNIGHT
The Fox network anchored a successful television series around the character of psychologist Cal Lightman, whose clients are typically government agencies who analyse mannerisms to detect emotions such as fear, anger, joy and, of course, dishonesty.
It's not just a Hollywood creation. This show is a good example of art (I use the term loosely) imitating life.
In the US, consulting group Business Intelligence Advisors offers just this type of service to analysts and investors. Its consultants are typically drawn from US intelligence agencies such as the CIA and the FBI and their value-add is to educate those in the financial information business to better interpret messages from companies in which they invest or which they analyse.
The group is making quite an impression, having been the subject of a Harvard Business School study, and a bit on the international speaking circuit with discussions about "the hidden meaning in corporate disclosure". It's not that surprising. Getting the edge on the quality of information allows better investment calls for analysts and shareholders. Information equals power equals money.
On the other side of the coin, the investor relations professionals and public relations practitioners who manage corporate communications are growing disciplines whose services are increasingly relied on. Presenting and managing the message is a large part of the corporate game.
This explains why the allegations around selective leaks by gold company Newcrest a few weeks ago has gained import and momentum.
The investor relations industry is paranoid about the image it projects and even more nervous that the backlash could involve the prohibition of individual briefings with investors or analysts.
Behind the scenes, the investor relations industry is keen to present Newcrest as more of a one-off botch-up than evidence of any systemic problem with the information relationship between companies and analysts or large investors.
Newcrest briefed investment banking analysts in the week leading up to a general ASX announcement on a profit and production downgrade. This hamfisted attempt at massaging market expectations was at the extreme end of poor communications management and prompted one investor (who was tipped off by an investment bank) to complain to the company. A copy of the fund manager's email was published in the Financial Review.
The tip-off was so explicit it's worth repeating. The email recommended that Mr (Prasad) Patkar "stay short" on Newcrest on the basis that the banking contact's colleague had "met with mgmt [management] to gain siting [sic] on potential FY2014 production outlook. Bottom line: FY2014 production downgrades".
Also detailed was the fact that production in 2014 was likely to be about 2.25 million ounces of gold, instead of the 2.6 million ounces the market had been expecting, and net profit would fall by 15-20 per cent.
How much more smoke does the regulator need to see from that gun?
Apparently this is still not enough, which means the Australian Securities and Investments Commission doing something about less overt and more routine hosing down of profit expectations for it be a bridge too far.
Instead ASIC has decided to undertake spot checks on analyst meetings, at which clearly none of the participants will be inclined to stay close to the line. Apparently ASIC already sits in on some broader briefings, so its announcement this week seems all the more tepid. The regulator is also said to be undertaking an investigation but experts don't hold out much hope this will come to anything.
Newcrest is doing an internal investigation but its chairman has already said the company has done nothing wrong, so I guess we know the outcome already.
The investor relations lobby is now pointing a finger at the investment banks as the weak link in the communications chain, saying that the wave of sackings over the past three to five years has resulted in analyst churn and inexperience. It also maintains that having ASIC crash meetings will be detrimental to communications between investors/analysts and companies.
Maybe ASIC should sign up for a session with the experts from Business Intelligence Advisors so they can read the furrowed brows or folded arms while interviewing those involved in the Newcrest bungle.
Frequently Asked Questions about this Article…
The article reports that Newcrest was accused of selectively briefing investment banking analysts before a public ASX announcement about a profit and production downgrade. A fund manager complained after being tipped off by an investment bank contact, which raises concerns about unequal access to market-moving information — something everyday investors should care about because it can affect fair pricing and trust in corporate disclosure.
The published email recommended a fund manager "stay short" on Newcrest, saying a banking contact had met with management about potential FY2014 production downgrades. It noted production might be about 2.25 million ounces in 2014 instead of the 2.6 million ounces expected, and that net profit could fall by 15–20%.
According to the article, ASIC has started undertaking spot checks on analyst meetings and is said to be investigating the matter. The regulator already sits in on some broader briefings, and the article suggests experts are skeptical the investigation will lead to major action.
The investor relations industry is anxious about its image and fears a backlash that could include prohibiting individual briefings with investors or analysts. It is trying to frame Newcrest as a one-off mistake rather than evidence of systemic problems in company–analyst information flows.
Business Intelligence Advisors is a US consulting group (with consultants often drawn from agencies like the CIA and FBI) that trains analysts and investors to read hidden meaning in corporate communication and body language. The article highlights them as an example of how interpreting subtle cues in company messaging can offer an edge to analysts and investors.
The investor relations lobby has suggested that recent waves of sackings at investment banks led to analyst churn and inexperience, which may have contributed to poor communications and the Newcrest situation. They argue this could make investment banks a weak link in the information chain between companies and the market.
The article notes ASIC already attends some broader briefings and has announced spot checks on analyst meetings, which could deter borderline behaviour. However, it also reports that experts do not expect the investigation to necessarily lead to major outcomes, so the deterrent effect may be limited.
Newcrest has launched an internal investigation, but its chairman has publicly said the company has done nothing wrong. The article implies that with that stance and expert scepticism about ASIC’s likely action, the outcome may not produce significant consequences.

