Rule No. 1 for companies engaged in battles with short-sellers should be: Donât attack them and if you do, donât make it personal. Doing so is often viewed as trying to divert attention away from the issue.
Thatâs why I was surprised to see just that in a press release from Harris Miller, president of the Career College Association, which represents the for-profit post-secondary education industry. His comment, posted on the Career College Association's website, was in anticipation of a hearing scheduled for today at the Senate Committee on Health, Education, Labor and Pensions.
He wrote: âWhat we will hear from one of the witnessesâa Wall Street short-seller born with a silver spoon in his mouth, who got his first big paycheck the old fashioned way, through his parentsâwill be self-serving attacks on non-traditional students designed to fatten his wallet, not to inform the American people on how best to get unemployed and underemployed Americans educated and back to work.â
The short-seller, Steve Eisman of FrontPoint Partners, is perhaps best known as being immortalized in Michael Lewisâ book, âThe Big Short: Inside the Doomsday Machine,â as having warned about the sub-prime mess when nobody cared.
Now Eismanâs focus, which he detailed last month at the Ira Sohn Investment Conference in New York: The for-profit subprime industry, which for years has been engaged in an on-again-off-again tug-of-war between the shorts and longs. The title of his 48-page report: âSubprime Goes to College.â
Among the companies he mentioned:
Apollo Group
ITT Education
Corinthian Colleges
Eisman is among those scheduled to testify.
Others include Kathleen Tighe, inspector general for the Department of Education. Her testimony was scheduled to mention examples of âfraud and abuseâ her office has spotted over the years at for-profit education companies.
According to her prepared comments: âConsidering the economic downturn over the last several years, combined with escalating student loan debts, a significant concern is the potential for increased loan defaults as we have seen the national cohort default rate increase recently.â
But Eismanâs comments were the most direct. Key claims include:
- âUntil recently, I thought that there would never again be an opportunity to be involved with an industry as socially destructive as the subprime mortgage industry. I was wrong. The for-profit education industry has proven equal to the task.â
- With Title IV student loans, âthe government, the students and the taxpayers bear all the risk and the for-profit industry reaps all of the rewards.â
- âWe have every expectation the industryâs default rates are about to explode.â
- âHow do such schools stay in business? The answer is to control the accreditation process. The scandal here is exactly akin to the rating agency role in subprime securitizations.â
In a 45-minute conference call Wednesday directed at Eismanâs testimony, Harris disputed Eismanâs claims, calling them âmisleadingâ and charging that his subprime analogy is âwrongheaded.â Among his points:
- âMr. Eisman expresses concerns about cohort default rates but in doing so fails to provide the appropriate context and in some cases simply misstates the case.â
- âThe truth is that the overwhelming majority of career college students graduate and repay their student loans.â
- âItâs no secret that the career education sector is under attack by short sellers, trial lawyers, self-styled consumer advocates and some traditional academicsâ¦.And they recycle old news to give currency to new allegations. In short, they twist the truth to serve their self-interest.â
He added, âComparing the for-profit career college sector to the subprime mortgage banking industry is as silly as it is simplistic.â
Or not. Stay tuned.
______________________________
CNBC Data Pages:
- Dow 30 StocksâIn Real Time
- Oil, Gold, Natural Gas Prices Now
- Where's the US Dollar Today?
- Track Treasury Prices Here
______________________________
CNBC Slideshows:
______________________________