herbalife: robin hood in reverse

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Pershing Square Capital Management, L.P. Robin Hood in Reverse November 22, 2013

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Page 1: Herbalife: Robin Hood In Reverse

Pershing Square Capital Management, L.P.

Robin Hood in Reverse

November 22, 2013

Page 2: Herbalife: Robin Hood In Reverse

Disclaimer

Pershing Square Capital Management, L.P. (“Pershing Square”) is an investment adviser to funds that are in the business of buying and selling securities and other

financial instruments. Pershing Square currently maintains a substantial short position in the common stock of Herbalife Ltd. (“Herbalife”).

Pershing Square will profit if the trading price of Herbalife common stock declines and will lose money if the trading price of common stock of Herbalife increases.

Pershing Square may change its views about or its investment positions in Herbalife at any time, for any reason or no reason. Pershing Square may buy, sell, cover or

otherwise change the form or substance of any of its investments related to Herbalife at any time for any reason or no reason. Pershing Square disclaims any

obligation to notify the market or any other party of any such changes.

The information and opinions expressed in this presentation (the “Presentation”) are based on publicly available information about Herbalife and other companies.

Pershing Square recognizes that there may be non-public information in the possession of Herbalife or others that could lead Herbalife or others to disagree with

Pershing Square’s analyses, conclusions and opinions.

The Presentation includes forward-looking statements, estimates, projections and opinions prepared with respect to, among other things, certain legal and regulatory

issues Herbalife faces and the potential impact of those issues on its future business, financial condition and results of operations, as well as, more generally,

Herbalife’s anticipated operating performance, access to capital markets, market conditions, assets and liabilities. Such statements, estimates, projections and

opinions may prove to be substantially inaccurate and are inherently subject to significant risks and uncertainties beyond Pershing Square’s control.

Although Pershing Square believes the statements it makes in the Presentation are accurate in all material respects and do not omit to state material facts necessary

to make those statements not misleading, Pershing Square makes no representation or warranty, express or implied, as to the accuracy or completeness of those

statements or any other written or oral communication it makes with respect to Herbalife and any other companies mentioned, and Pershing Square expressly

disclaims any liability relating to those statements or such communications (or any inaccuracies or omissions therein). Thus, shareholders and others should

conduct their own independent investigation and analysis of those statements and communications and of Herbalife and other companies to which those statements

or communications may be relevant.

The statements Pershing Square makes in the Presentation are not investment advice or a recommendation or solicitation to buy or sell any securities. Except where

otherwise indicated, the Presentation speaks as of the date hereof, and Pershing Square undertakes no obligation to correct, update or revise those statements or to

otherwise provide any additional materials. Pershing Square also undertakes no commitment to take or refrain from taking any action with respect to Herbalife or any

other company.

As used herein, except to the extent the context, otherwise requires, Pershing Square includes its affiliates and funds it manages or advises and their respective

partners, directors, officers and employees.

1

Page 3: Herbalife: Robin Hood In Reverse

SEC Recent Actions on Pyramid Schemes

In January 2013, the SEC’s enforcement unit opened an

investigation into Herbalife(1)

On October 17, 2013, the SEC announced charges and seized the

assets of a worldwide pyramid scheme operating under business

names “CKB” and “CKB168”(2)

The SEC has a long history of prosecuting pyramid schemes,

including the landmark 1973 action against Koscot, and has

prosecuted two pyramid schemes in the last 18 months(3)

2

(1) Source: Ben Protess & Michael J. De La Merced, S.E.C. Opens Investigation Into Herbalife, NEW YORK TIMES, January 9, 2013 (http://dealbook.nytimes.com/2013/01/09/s-e-c-opens-investigation-into-herbalife/?_r=0)

(2) Source: SEC Press Release (Oct. 17, 2013) (http://www.sec.gov/News/PressRelease/Detail/PressRelease/1370539880547 (3) SEC v. Koscot Interplanetary, Civ. A. No. 17134 (N.D. Ga. 1973); SEC Press Release (Oct. 2013) (available at https://www.sec.gov/News/PressRelease/Detail/Press

Release/1370539880547); SEC Press Release (Aug. 2012) (available at https://www.sec.gov/News/PressRelease/Detail/PressRelease/1365171483920

Page 4: Herbalife: Robin Hood In Reverse

On October 17th, 2013, the SEC issued an

Investor Alert warning investors to beware

of “pyramid schemes posing as multi-level

marketing programs”

3

Page 5: Herbalife: Robin Hood In Reverse

The SEC Investor Alert Identified Seven Hallmarks

of a Pyramid Scheme

Source: SEC Press Release and Investor Alert (Oct 17, 2013), available at https://www.sec.gov/investor/alerts/ia_pyramid.htm

Investor Alert: Beware of Pyramid Schemes

Posing as Multi-Level Marketing Programs

The SEC's Office of Investor Education and Advocacy is issuing this Investor Alert to warn

individual investors about pyramid schemes, a type of investment scam that fraudsters often pitch

as a legitimate business opportunity in the form of multi-level marketing programs.

4

Have you ever been tempted by an advertisement or offer to make "easy money" or "online

income" out of your own home? Multi-level marketing ("MLM") programs are promoted through

Internet advertising, company websites, social media, presentations, group meetings, conference

calls, and brochures. In an MLM program, you typically get paid for products or services that you

and the distributors in your "downline" (i.e., participants you recruit and their recruits) sell to others.

However, some MLM programs are actually pyramid schemes -- a type of fraud in which

participants profit almost exclusively through recruiting other people to participate in the program.

Page 6: Herbalife: Robin Hood In Reverse

Hallmark #1: Emphasis on Recruiting

5

“Emphasis on recruiting. If a program primarily focuses on recruiting

others to join the program for a fee, it is likely a pyramid scheme. Be

skeptical if you will receive more compensation for recruiting others

than for product sales.”

- SEC Investor Alert, October 17, 2013

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm)

Page 7: Herbalife: Robin Hood In Reverse

It’s All About Recruiting

6

Source: Herbalife’s 2011 Extravaganza, Las Vegas, NY (October 26-29, 2011) (available at http://www.youtube.com/watch?v=cVbd8bw4MlQ)

VIDEO

Susan Peterson – Founder’s Circle Member, Herbalife’s 2011 Extravaganza

Page 8: Herbalife: Robin Hood In Reverse

It’s All About Recruiting

7

Source: Herbalife’s 2011 Extravaganza, Las Vegas, NY (October 26-29, 2011) (available at http://www.youtube.com/watch?v=cVbd8bw4MlQ)

“If you want to move the check, you need to find other

people that want to make money and represent the

Herbalife products and Herbalife opportunity.”

Susan Peterson – Founder’s Circle Member, Herbalife’s 2011 Extravaganza:

Page 9: Herbalife: Robin Hood In Reverse

“Promises of high returns in a short time period. Be leery of pitches for

exponential returns and ‘get rich quick’ claims. High returns and fast

cash in an MLM program may suggest that commissions are being paid

out of money from new recruits rather than revenue generated by

product sales.”

- SEC Investor Alert, October 17, 2013

Hallmark #2: Promises of High Returns in a Short

Time Period

8

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm)

Page 10: Herbalife: Robin Hood In Reverse

9

Senior Herbalife Distributors Lead Recruits to Believe They

Can Make Hundreds of Thousands in Short Order

Source: Doran Andry, Financial Success Systems First Package video

VIDEO

Doran Andry – Chairman’s Club Member

Page 11: Herbalife: Robin Hood In Reverse

Current and Former Board Members Tell Recruits That

Herbalife is an Opportunity to Make Money Quickly

10

Source: Promotional video for online recruiting business Success Connection (available at http://www.youtube.com/watch?feature=player_embedded&v=kKq8IhJ_dMI)

VIDEO

Leslie Stanford: Former Herbalife Board Member and Current Founder’s Circle Member

John Tartol: Herbalife Board Member and Chairman’s Club Member

Page 12: Herbalife: Robin Hood In Reverse

Hallmark #3: Easy Money or Passive Income

“Easy money or passive income. Be wary if you are offered

compensation in exchange for little work such as making payments,

recruiting others, and placing advertisements.”

- SEC Investor Alert, October 17, 2013

11

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm); Financial Success Systems ‘Herbalife Success University’ Presentation (Module 1)

Page 13: Herbalife: Robin Hood In Reverse

Senior Herbalife Distributors Tell Recruits They

Can Earn Millions in Passive Income

12

VIDEO

Doran Andry, Again – Chairman’s Club Member

Source: Doran Andry, Financial Success Systems First Package video

Page 14: Herbalife: Robin Hood In Reverse

Hallmark #4: Buy-in Required

Herbalife requires a “buy-in” via an Herbalife Member Pack for $57.75 or $89.55 to receive

a discount and the option to run the business. To advance quickly and receive

commissions, distributors must also spend ~$3,000 - $4,000 purchasing inventory to qualify

as a Supervisor, in order to be eligible to earn recruiting rewards.

13

“Buy-in required. The goal of an MLM program is to sell products. Be

careful if you are required to pay a buy-in to participate in the program,

even if the buy-in is a nominal one-time or recurring fee (e.g., $10 or

$10/month).”

- SEC Investor Alert, October 17, 2013

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm)

Page 15: Herbalife: Robin Hood In Reverse

Hallmark #5: Complex Commission Structure

“Complex commission structure. Be concerned unless commissions are

based on products or services that you or your recruits sell to people

outside the program. If you do not understand how you will be

compensated, be cautious.”

- SEC Investor Alert, October 17, 2013

126 Pages of Text and Forms

More than 150 Rules

More than 60,000 words

11+ Levels of Distributors

Five Different Forms of

Compensation

14

Minimal Marketing Advice

Largely Unintelligible

Frequently Revised &

Supplemented

Herbalife Sales and Marketing Plan

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm); Herbalife Sales & Marketing Plan; see link at http://factsaboutherbalife.com/wp-content/uploads/2012/12/Marketing-Plan-and-Business-Rules-2012.pdf

Page 16: Herbalife: Robin Hood In Reverse

“No genuine products or service. MLM programs involve selling a

genuine product or service to people who are not in the program.

Exercise caution if there is no underlying product or service being sold

to others, or if what is being sold is speculative or appears

inappropriately priced.” (emphasis added)

- SEC Investor Alert, October 17, 2013

Hallmark #6: No Genuine Products or Service…Sold to

People Who Are Not in the Program / Inappropriately Priced

In Herbalife’s case:

No empirical evidence of retail sales outside the program

Commodity products with highly inflated suggested retail prices

15

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm); see materials collected and analyzed in Pershing Square Presentation, Who Wants to be a Millionaire? (December 20, 2012)

Page 17: Herbalife: Robin Hood In Reverse

Hallmark #6 (Cont’d): “Inappropriately Priced” Products

Retail Price Per Multivitamin Tablet (1)

16

$0.26

$0.11

$0.08$0.08

$0.06

$0.00

$0.05

$0.10

$0.15

$0.20

$0.25

$0.30

$0.26

$0.11

$0.08$0.08

$0.06

$0.00

$0.05

$0.10

$0.15

$0.20

$0.25

$0.30

= 4x Centrum

(1) HLF Source: Herbalife U.S. Product Price List (11-2013). Centrum source: Walmart.com (11-2013)).

Page 18: Herbalife: Robin Hood In Reverse

Hallmark #7: No Demonstrated Revenue from Retail

Sales

“No demonstrated revenue from retail sales. Ask to see documents,

such as financial statements audited by a certified public accountant

(CPA), showing that the MLM company generates revenue from selling

its products or services to people outside the program.”

- SEC Investor Alert, October 17, 2013

17

Let’s see how Herbalife has answered this question

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm)

Page 19: Herbalife: Robin Hood In Reverse

Retail Sales: The Big Question

“So we don’t have an exact

percentage David, because we

don’t have visibility to that level

of detail. . . . So, well, again,

going back to our 70% rule, we

believe that it’s that 70% or

potentially in excess of that.”

-Herbalife President Des Walsh

18

David Einhorn:

“What is the percentage that is actually sold to

consumers that are not distributors?”

Source: Herbalife Q1 2012 earnings call

VIDEO

Herbalife Q1 2012 Earnings Conference Call – May 1st, 2012

Page 20: Herbalife: Robin Hood In Reverse

The Day After Einhorn Asked His Question, Herbalife

Issued an 8K Changing Walsh’s Answer

19 Source: Herbalife Report on Form 8-K, filed May 2, 2012

Page 21: Herbalife: Robin Hood In Reverse

The Day After Einhorn Asked His Question, Herbalife

Issued an 8K Changing Walsh’s Answer

20 Source: Herbalife report on form 8-K, filed May 2, 2012, at 2

Page 22: Herbalife: Robin Hood In Reverse

0.0

50.0

100.0

150.0

200.0

$40

$45

$50

$55

$60

$65

$70

$75

Apr 30 May 1 May 2 May 3

Vo

lum

e (m

m S

ha

res)

Pri

ce

Volume Price

The Market Did Not Like This Answer

21

$70.32

$46.20

34% decline

Page 23: Herbalife: Robin Hood In Reverse

The FTC, SEC, the Courts, and even Herbalife itself have all

recently reaffirmed the critical role of retail sales to customers

outside the distribution network in distinguishing a legitimate MLM

from a pyramid scheme

22

Why Did the Market React So Negatively?

Page 24: Herbalife: Robin Hood In Reverse

The FTC Reaffirms the Critical Role of Retail Sales

Multilevel Marketing

“Not all multilevel marketing plans are legitimate. If the money you make

is based on your sales to the public, it may be a legitimate multilevel

marketing plan. If the money you make is based on the number of

people you recruit and your sales to them, it’s not. It’s a pyramid

scheme. Pyramid schemes are illegal, and the vast majority of

participants lose money.”

- FTC Website, Bureau of Consumer Protection – Business Center

23 Source: http://www.business.ftc.gov/documents/inv08-bottom-line-about-multi-level-marketing-plans

FTC Facts for Consumers: Bottom Line About Multilevel Marketing Plans

and Pyramid Schemes (November 2012)

Page 25: Herbalife: Robin Hood In Reverse

Source: Complaint in FTC v. Fortune Hi-Tech Marketing, Inc., No. 13CV578 Dkt #4 (N.D. Ill. January 24, 2013) (emphasis added). 24

Fortune Hi-Tech Marketing Complaint

On January 24, 2013, Fortune Hi-Tech Marketing was shut down by the FTC

and State Attorneys General from Kentucky, Illinois and North Carolina on

the ground that it was a pyramid scheme. In its complaint, the government

noted the lack of retail sales outside the distributor network

The FTC Reaffirms the Critical Role of Retail Sales

Page 26: Herbalife: Robin Hood In Reverse

A Federal Judge Reaffirms the Critical Role of

Retail Sales

Source: Bostick v. Herbalife International of American, No 2:13-cv-02488-BRO-RZ, Dkt #40, at 9 (C.D. California October 11, 2013)

“Although [Herbalife] contend[s] that distributors should be classified as

ultimate users, Omnitrition points out that “[i]f Koscot is to have any teeth, [a

sale for a distributor’s personal use] cannot satisfy the requirement that sales

be to ‘ultimate users’ of a product.” Id. at 783. Therefore, downline

distributors are not ultimate users for purposes of the second element

of the Koscot test.” (bold emphasis added)

25

Order Denying Herbalife’s Motion to Dismiss (pg. 9)

In the class-action, Bostick v. Herbalife, Herbalife argued that distributors

should be classified as ultimate users. On October 11, 2013, Federal

District Court Judge O’Connell denied Herbalife’s motion to dismiss and

stated that distributors are not ultimate users.

Page 27: Herbalife: Robin Hood In Reverse

“. . . Regulations applicable to network marketing organizations

generally are directed at preventing fraudulent or deceptive schemes,

often referred to as “pyramid” or “chain sales” schemes, by ensuring

that product sales ultimately are made to consumers and that

advancement within an organization is based on sales of the

organization’s products rather than investments in the organization or

other non-retail sales-related criteria.”

Even Herbalife Admits That Retail Sales Are Crucial

26

Herbalife 2012 10K – Risk Factors

Source: Herbalife 2012 Report on form 10-K, filed February 19, 2013, at 30

Page 28: Herbalife: Robin Hood In Reverse

27

Page 29: Herbalife: Robin Hood In Reverse

Herbalife Requires Distributors to Keep Detailed

Retail Sales Records

Source: Herbalife Sales & Marketing Plan at 71

Required Information:

- Name

- Address

- Telephone no.

- Products sold

- Sales price

28

Page 30: Herbalife: Robin Hood In Reverse

Herbalife’s Retail Order Form

29 Source: Herbalife Sales & Marketing Plan at 42

Page 31: Herbalife: Robin Hood In Reverse

30

What does management have to

say about this critical issue?

Page 32: Herbalife: Robin Hood In Reverse

31

CEO Michael Johnson Interview on CNBC – December 19, 2012

Source: http://video.cnbc.com/gallery/?video=3000136542ar

VIDEO

Page 33: Herbalife: Robin Hood In Reverse

CEO Michael Johnson Answers The Same Question…

32

December 19, 2012:

CNBC: “What % of your sales are

outside that distribution network?”

Johnson: “90%”

CNBC: “So the vast majority?”

Johnson: “Absolutely”

Page 34: Herbalife: Robin Hood In Reverse

33

CEO Michael Johnson Interview on CNBC – January 10, 2013

Source: http://video.cnbc.com/gallery/?video=3000140236

VIDEO

Page 35: Herbalife: Robin Hood In Reverse

…But That Answer Was Actually a “Misstatement”

34

If 90% of distributors are buying for themselves, clearly these are not

retail sales to customers outside the program

January 10th, 2013 (22 Days Later), Michael Johnson Says:

“It was a misstatement. 90% of our

distributors - ok - who are buying our

product - let me just try to clarify this - buy

it for one reason, and they buy it for self-

consumption, and that was a

misstatement on that day, I was kind of

hyped up that day, wasn’t I?”

Page 36: Herbalife: Robin Hood In Reverse

35

Unwilling to provide actual retail sales

data, Herbalife says that people are

just confused

Page 37: Herbalife: Robin Hood In Reverse

36

CEO Michael Johnson Interview on CNBC – December 19, 2012

Source: http://video.cnbc.com/gallery/?video-3000136542

VIDEO

Page 38: Herbalife: Robin Hood In Reverse

“[A] part of the distributors is described as

customers . . . Obviously, this is not serious.” -Commercial Court in Belgium

Source: Test-AanKoop v. Herbalife International Belgium [Comm. Ct Brussels], November 23, 2011, AR 2004/7787, No. JC-DC / 27 [Jee] (Belg.), slip op. at 12.

Courts Have Rejected Herbalife’s Claim that its

Distributors are Retail Customers

37

On November 23, 2011, the Belgian Commercial Court found Herbalife to be

a pyramid scheme, rejecting Herbalife’s claim that distributors are simply

misnamed

Page 40: Herbalife: Robin Hood In Reverse

39

What excuses does Herbalife give for

not collecting retail sales data?

Page 41: Herbalife: Robin Hood In Reverse

In June 2009, Herbalife Said It Doesn’t Collect

Retail Sales Data Because of Price-Fixing Concerns

Collecting proof of actual retail sales is not illegal and does not

create anti-trust risk

Source: Transcript of hearing on Motions for Summary Judgment in Herbalife v. Ford, No. 07 civ. 2529, Dkt #300 at 13 (C.D. Cal., June 1, 2009) 40

Herbalife’s Attorney in Summary Judgment Argument – June 1, 2009

Page 42: Herbalife: Robin Hood In Reverse

41

Herbalife Has a New Excuse

Source: http://video.cnbc.com/gallery/?video-3000140234

VIDEO

President Des Walsh interview on CNBC – January 10, 2013

Page 43: Herbalife: Robin Hood In Reverse

Herbalife Claims Privacy Concerns Prevent

Collecting Retail Sales Data

42

How is Herbalife responding to the SEC October 2013 Investor Alert?

Source: SEC Press Release and Investor Alert (Oct. 17, 2013) (available at https://www.sec.gov/investor/alerts/ia_pyramid.htm)

SEC Investor Alert Hallmark:

“No demonstrated revenue from retail sales. Ask to see documents,

such as financial statements audited by a certified public accountant

(CPA), showing that the MLM company generates revenue from selling

its products or services to people outside the program.”

- SEC Investor Alert, October 17, 2013

Herbalife responds to this simple question with misstatements and

misdirection

Page 44: Herbalife: Robin Hood In Reverse

To collect two years of Retail Order Forms from all of Herbalife’s

distributors

To hire an independent big four accounting firm to verify and validate

the retail sales data

To submit the results of the data and analysis directly to the various

regulators (which would protect the privacy of Distributors)

Herbalife need only:

(1) Direct Distributors to cooperate and

(2) Inform them that their records will be submitted to the government,

which means the records must be authentic and truthful*

Pershing Square Offers to Pay the Cost:

*Source: 18 U.S.C. §1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and

willfully - (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses

any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the

offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or

117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

43

Page 45: Herbalife: Robin Hood In Reverse

Herbalife Exhibits All Seven SEC Hallmarks of a

Pyramid Scheme

44

Emphasis On Recruiting

Promises Of High Returns In A Short Time Period

Easy Money Or Passive Income

Buy-In Required

Complex Commission Structure

No Genuine Product or Service…Sold to People Who

Are Not in the Program / Inappropriately Priced

No Demonstrated Revenue from Retail Sales

Page 46: Herbalife: Robin Hood In Reverse

Herbalife says nutrition clubs are

proof of retail sales

Let’s take a look at what’s really

going on…

45

Page 47: Herbalife: Robin Hood In Reverse

The Reality of New York City Nutrition Clubs

46

Source: CNNMoney interview aired on January 11, 2013, available at http://money.cnn.com/2013/01/11/smallbusiness/herbalife-network/

VIDEO

Page 48: Herbalife: Robin Hood In Reverse

Nutrition Club Rules Make Retail Sales Not Viable

No external displays of the Herbalife’s name or logo

Must cover windows

No “Open / Closed” sign

No advertising or promotion

Not allowed to attract customers or walk-ins

Must serve a shake, aloe water and tea to every “Member”

Only complimentary offerings of products

Can charge membership fees to cover operating costs; product costs may not

be recovered

Customers not allowed to carry out food unless in a small, unmarked

container

47 Source: Herbalife Sales & Marketing Plan at 74, 101 - 115

According to Herbalife’s rules, “Nutrition Clubs are social gatherings…not retail

stores or outlets, nor are they restaurants or carry-out establishments”

Page 49: Herbalife: Robin Hood In Reverse

48

Herbalife Claims its Competition Is Fast Food

Herbalife says its competition is McDonald’s and KFC

“You’re not going to like my answer on competition because

strategically we view the competition as fast food… It is the steal a

meal a day from fast food. It is not to go after other supplement

companies. It’s to go after McDonald’s, to go after KFC.”

-John DeSimone, CFO, September 7th, 2011

Page 50: Herbalife: Robin Hood In Reverse

A Map of Queens, New York

49

Page 51: Herbalife: Robin Hood In Reverse

McDonald’s Are Evenly & Rationally Distributed

50

Page 52: Herbalife: Robin Hood In Reverse

But Why Are Nutrition Clubs Clustered In Two

Sections of Queens?

51

Page 53: Herbalife: Robin Hood In Reverse

Interestingly, Grameen America’s Two Offices in

Queens are in the Heart of the Clusters

52

Page 54: Herbalife: Robin Hood In Reverse

Who are the victims?

53

Page 55: Herbalife: Robin Hood In Reverse

54

Herbalife Targets Vulnerable, Low-Income Minorities

“[M]any Latino leaders [are] increasingly concerned with Herbalife's predatory business practices and how the company targets the Latino community in a methodical and calculated manner… “The scale of the scheme is breath-taking. There are 550,000 Herbalife distributors in the United States. Somewhere between 60 to 83 percent of them are Latino. 300,000 to 400,000 Latino distributors will quit this year alone only to be replaced by another 300,000 to 400,000 new Latino distributors. If left unchecked, Herbalife could recruit, defraud and dispose of as many as 4 million Latino distributors over the next 10 years.”

Source: http://www.huffingtonpost.com/brent-a-wilkes/herbalife-a-pyramid-scheme_b_4220426.html

Page 56: Herbalife: Robin Hood In Reverse

55

Numerous Voices Are Calling for an Investigation of

Herbalife

Rep. Linda Sanchez (CA-38) Rep. Loretta Sanchez (CA-46) Rep. Michelle Lujan Grisham (NM-1) Neil M. O'Leary, Mayor of Waterbury, CT State Senator Adriano Espaillat, NY SD-31 Ofelia Hernandez, Huntington Park, CA Councilor Chris Garcia, Cudahy, CA Vice Mayor Jorge Morales, South Gate, CA Councilor Aide Castro, Lynwood, CA Councilor Denise Robles, Commerce City, CA Councilor Julissa Ferreras, NYC Councilor District 21 Melissa Mark-Viverito, NYC Councilor, District 8 Tito Jackson, Boston City Councilor, District 7 55

Page 57: Herbalife: Robin Hood In Reverse

56

Herbalife Asks Distributors to Write to Their Local

Member of Congress in Support of Herbalife

“I find the targeting of Distributors by

ethnicity offensive on many levels and the

suggestion that Herbalife takes advantage

of any Distributor to be simply false. At

Herbalife, we strive to change people’s

lives by providing the best nutritional

products and the best business opportunity

to ALL”

Page 58: Herbalife: Robin Hood In Reverse

57

Herbalife Targets Ethnic Affinity Groups

From Herbalife’s 2010 Investor Presentation

Source: Herbalife 2010 investor day presentation

Page 59: Herbalife: Robin Hood In Reverse

58 ________________________________________________

Source: Herbalife flyer.

Herbalife Targets African Americans

Page 60: Herbalife: Robin Hood In Reverse

59 Source: Herbalife Today (magazine published by Herbalife)

Herbalife Targets Latinos

Page 61: Herbalife: Robin Hood In Reverse

60

Based on Herbalife’s Own Reported Data, What

are a Distributor’s Chances of Success?

88% of all distributors receive no commissions from Herbalife

Even among “Sales Leaders” (who are pressured to invest

~$3,000 - $4,000 purchasing inventory in order to be eligible

to earn recruiting rewards), half received no commissions

and 95% averaged commissions of only $8 per week before

expenses

The top 1% of distributors received 87% of all commissions

According to Herbalife’s most recent U.S. Statement of Average

Gross Compensation, the real facts are:

Source: Herbalife Statement of Average Gross Compensation of U.S. Distributors; Pershing Square Presentation, Who Wants to be a Millionaire

Page 62: Herbalife: Robin Hood In Reverse

61

Ana Maria Archila

Co-Executive Director, Make the

Road New York

Make the Road New York’s mission is to build the power of Latino

and working class communities to achieve dignity and justice

through organizing, policy innovation, transformative education,

and survival services.