economy plus the latest on the herbalife ackman pyramid drama this week the f.t.c. is being forced to look at allegations that the company is one big old pyramid scheme i'll tell you all about it coming right up and harrison joins me in today's big deal to talk about canada violence from the u.s. to build a bridge to detroit three story really happening you all want to miss it and it all starts right now. today we're talking about the emerging markets crisis and the u.s. economy however i want to lead off with the latest drama surrounding nutritional supplement distributor herbalife now the head of the federal trade commission if ramirez has agreed to meet with minority and consumer activists to hear their concerns about the pyramid scheme excuse me excuse me company i meant to say company herbalife it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised burble brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a

economy plus the latest on the herbalife ackman pyramid drama this week the f.t.c. is being forced to look at allegations that the company is one big old pyramid scheme but tell you all about it coming right up and harrison joins me in today's big deal to talk about canada finally and from the u.s. to build a bridge to detroit. you all want to miss it and it all starts right now. they are talking about the emerging markets crisis and the u.s. economy however i want to lead off with the latest drama surrounding nutritional supplement distributor herbalife now the head of the federal trade commission edith ramirez has agreed to meet with minority and consumer out of this to hear their concerns about the pyramid scheme excuse me excuse me company i meant to say company herbalife it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a year however color carl

it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now ackerman has been shorting herbalife and calling the company a pyramid scheme for well over a year however carl icahn along with some other big name hedge fund honchos like george soros and download they've taken the other side of the bet and done much much better herbalife shares were up six percent in early trading monday after the company said it increased its share repurchase program from five hundred million to one point five billion dollars herbalife considers itself a multilevel marketer and strongly denies allegations that it's a pyramid scheme the f.t.c. says quote a company can be considered a pyramid scheme if it's just repeaters make more money from work prevent them from selling products to consumers outside the network senator ed markey sent a letter sent a letter to the f.t.c. last week asking them to investigate herbalife and according to brant wilkes executive director of the league of united lati

economy plus the latest on the herbalife ackman pyramid drama this week the f.t.c. is being forced to look at allegations that the company is one big old pyramid scheme but tell you all about it coming right up and add harrison joins me in today's big deal to talk about canada finally and from the u.s. to build a bridge to detroit her story you will want to miss it and it all starts right now . they are talking about the emerging markets crisis and the u.s. economy however i want to lead off with the latest drama surrounding nutritional supplement distributor herbalife now the head of the federal trade commission if ramirez has agreed to meet with minority and consumer activists to hear their concerns about the pyramid scheme excuse me and choosing a company i meant to say company herbalife it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a year howe

it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a year however carl icahn along with some other big name hedge fund honchos like george soros and download they've taken the other side of the bet and done much much better herbalife shares were up six percent in early trading monday after the company said it increased its share repurchase program from five hundred million to one point five billion dollars herbalife considers itself a multilevel marketer and strongly denies allegations that it's a pyramid scheme the f.t.c. says quote a company can be considered a pyramid scheme if it's just repeaters make more money from her prevent them from selling products to consumers outside the network senator ed markey lease sent the letter sent a letter to the f.t.c. last week asking them to investigate herbalife and according to brant wilkes executive director of the league of uni

now but back to my question what i want to say you know herbalife they certainly have the cash flow to fund this buyback effort that they're talking about but by taking on new debt they now have the ability to accelerate that effort is this a good thing or does it just give them another tool yet another tool for taking advantage of a stock price that's trading below where they believe it should be who did that we lose a legalized form of stock manipulation they're buying. the stock to act meant to punish them to punish what sells in the short term it works but in the long term it destroys the company's long term business prospects ok and i mean that's a problem obviously now we can talk about herbalife forever but i think people make a port of it so i want to turn now to j.p. morgan who get bored of it now we recently learned that the bank c.e.o. jamie dimon received a whopping seventy four percent raise this year and take it home now a total of twenty million dollars that's up from the eleven point five million he got the year before now mind you this is the same year the very same ye

it's a company now herbalife the peer. drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a year however caller carl icahn along with some other big name hedge fund honchos like george soros and downloads they've taken the other side of the bet and done much much better herbalife shares were up six percent in early trading monday after the company said it increased its share repurchase program from five hundred million to one point five billion dollars herbalife considers itself a multilevel marketer and strongly denies allegations that it's a pyramid scheme the f.t.c. says quote a company can be considered a pyramid scheme if it's just repeaters make more money from or prevent them from selling products to consumers outside the network senator ed markey sent a letter sent a letter to the f.t.c. last week asking them to investigate herbalife and acc

well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue out because then they'd be open up to discovery that would give the documents subpoena power and you know you don't want to pissed off short so we go on three books of records no you certainly do not which is actually already done there's lots of presentations that he's done that kind of put evidence this but they recently talked about getting into the company's internal books and records you know you know which is probably going to great a common interest now here's the question you know price waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund why would you have various ways that the price i'm sorry to interrupt your price waterhouse coopers looking at the books is kind of like k p m g looking at crazy of these books when we were through odds as a criminal i used to brag about what it did financial reports it's a nonevent in fact the big

>> herbalife? >> yeah. >> well, you know, herbalife is a different business model. it has different things. everyone is sort of lined up differently on their positions in herbalife. you know, i think they're just one of the many companies in the ecosystem. we don't have a view right now on herbalife. >> one way or the other. got it. because, again, this goes back to, as you said, the government to some extent identifying this problem and thinking about perhaps subsidizing ways for people to deal with it. >> if you look at the simple facts, right, in 1990 no state in the union had more than 15% of its population considered overweight. >> in 1990, wow. >> in 1990. today in 2010, every state in the union, every single state has more than 20% of its population considered overweight. >> wow. >> 37 states have more than 25% of their population overweight. 12 states have more than 30% overweight. so it's a real issue and it's an issue that i think if you look at the costs on the health care system and those estimates range, but the most conservative estimate says obesity a

now but back to my question what i want to say you know herbalife they certainly have the cash flow to to fund this buyback effort that they're talking about but by taking on new debt they now have the ability to accelerate that effort is this a good thing or does it just give them another tool yet another tool for taking advantage of a stock price that's trading below where they believe it should be who did the we need to legalized form of stock manipulation buying. the stock to act meant to punish them to punish what sells in the short term it works but in the long term it destroys the company's long term business prospects ok and i mean that's a problem obviously now we could talk about herbalife forever but i think people might get bored of it so i want to turn now to j.p. morgan who your board of now we recently learned that the bank c.e.o. jamie diamond received a whopping seventy four percent raise this year and take it home now a total of twenty million dollars that's up from the eleven point five million he got the year before now mind you this is the same year the very same y

now but back to my question what i want to say you know herbalife they certainly have the cash flow to fund this buyback effort that they're talking about but by taking on new debt they now have the ability to accelerate that effort is this a good thing or does it just give them another tool yet another tool for taking advantage of a stock price that's trading below where they believe it should be who did the we know is a legalized form of stock manipulation buying. the stock to act meant to punish them to punish what sells in the short term it works but in the long term it destroys the company's long term business prospects ok and i mean that's a problem obviously now we can talk about herbalife forever but i think people make a port of it so i want to turn now to j.p. morgan. now we recently learned that the bank c.e.o. jamie dimon received a whopping seventy four percent raise this year and take it home now a total of twenty million dollars that's up from the eleven point five million he got the year before now mind you this is the same year the very same year that j.p. morgan was f

well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue acme because then they'd be open up to discovery that would give the documents subpoena power and you know you don't want to pissed off short so we're going through your books and records no you certainly do not which is actually already done there's lots of presentations that he's done that kind of put evidence this but they recently talked about getting into the company's internal books and records you know you know which is probably going to great economy turns out it's now here's the question you know price waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund why would you have various ways that the price i'm sorry to interrupt your price waterhouse coopers looking at the books is kind of like k p m g looking at crazy of these books when we were loads as a criminal i used to brag about what it did financial reports it's a nonevent in fa

economy plus the latest on the herbalife ackman pyramid drama this week the f.t.c. is being forced to look at allegations that the company is one big old theorem it's game but tell you all about it coming right up and add harrison joins me in today's big deal to talk about canada finally and from the u.s. to build a bridge to detroit her story you don't want to miss that and it all starts right now. today we're talking about the emerging markets crisis and the u.s. economy however i want to lead off with the latest drama surrounding nutritional supplement distributor herbalife now the head of the federal trade commission edith ramirez has agreed to meet with minority and consumer activists to hear their concerns about the pyramid scheme excuse me excuse me company i meant to say company herbalife it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a yea

the business of herbalife is telling the story with red letters. we want people to know what the issues are. we were forced out of the trade. we replaced the position with credit swaps. we keep going. this is not a trade. we're going to take this to the end of the earth. >> to the end of the earth. the company is still facing a lot of questions about its business in washington. >> executives will miss with staffers. it is not a specific committee or member. just staffers in general. we know from herbalife that they will be meeting with at least two executives from our life. they will be making their pitch as to why this business is legitimate. they will be hearing from the cfo. they will also be hearing from a managing director of herbalife north america. there'll be a representative from that group speaking. this is not the first time herbalife executives have sat down with staffers here on capitol hill. they met with senators back in january. >> the senator asked to address the compensation system. the survey results underscore its legitimacy and

it is confirmed by one of the herbalife hired lobbyists as well as the herbalife spokeswoman. at least 2 executive summary life making these presentation, laying s to why this is a legitimate business today. the executives john desimone and ibi fleming. they will also be hearing from the direct selling association. this meeting is on the house side of the capital at 10:30 this morning. important to point out that this is not the first time that herbalife executives have set down with staffers here on capitol hill. they also met with senator ed markey cost office at the end of -- senator ed markey's office at the end of january. >> we learned yesterday that it turned out to be bill ackman's biggest loss that he has ever had. maybe perhaps this will turn it. hat is the thinking here? what are your sources telling you about the company? are they sympathetic to bill ackman, do they see aside? -- see his side? >> there is not a lot of talk yet and that is why you see or believe being a rocket, but senator ed markey has been pretty skeptical of thing on the, sending letters to the s

man has been shorting herbalife and calling the company a pyramid scheme for well over a year however carl icahn along with some other big name hedge fund honchos like george soros and downloads they've taken the other side of the bet and done much much better herbalife shares were up six percent in early trading monday after the company said it increased its share repurchase program from five hundred million to one point five billion dollars herbalife considers itself a multilevel marketer and strongly denies allegations that it's a pyramid scheme the f.t.c. says quote a company can be considered a pyramid scheme if it's just repeaters make more money from her prevent them from selling products to consumers outside the network senator ed markey sent a letter sent a letter to the f.t.c. last week asking them to investigate herbalife and according to brant wilkes executive director of the league of united latin american citizens more than a dozen activists from around the country will be meeting with the mirrors in washington on wednesday now there are mirror is meeting is just the lat

economy plus the latest on the herbalife ackman pyramid drama this week the f.t.c. is being forced to look at allegations that the company is one big old pyramid scheme but tell you all about it coming right up and add harrison joins me in today's big deal to talk about canada finally and from the u.s. to build a bridge to detroit or story you all want to miss it and it all starts right now. they are talking about the emerging markets crisis and the u.s. economy however i want to lead off with the latest drama surrounding nutritional supplement distributor herbalife now the head of the federal trade commission edith ramirez has agreed to meet with minority and consumer activists to hear their concerns about the pyramid scheme excuse me excuse me company i meant to say company herbalife it's a company now herbalife the pyramid drama it's already the stuff of legends thanks to an impromptu televised verbal brawl between investors bill ackman and carl icahn now after man has been shorting herbalife and calling the company a pyramid scheme for well over a year however c

now on monday's show we looked at the latest drama surrounding herbalife the multibillion dollar nutritional supplement distributor that many have accused of being a pyramid scheme shareholders and consumer activists are calling on regulators specifically the federal trade commission to step up and do something about it now joining me is a man who knows a thing or two about fraud it's white collar crime expert and convicted felon now sam what do you think of companies like herbalife an amway and even avon whose entire business model is based soley on multi-level marketing if i within my retirement from crime i'd start a multi-level marketing company put horribly based in utah because china doesn't want to. really so i feel as though that says a lot given that you who are a self-proclaimed former white collar crime or convicted white collar criminal is multi-tiered marketing a fraud. it's a quasar. scheme to defraud people out of this money basically it's a business of selling hope most of these people that are recruited don't make any money and even the ones that do make money if you factor

hearing from abe managing director of herbalife north america. there'll be a representative from that group speaking. this is not the first time herbalife executives have sat down with staffers here on capitol hill. senators back in january. to addresser asked system.ensation h the survey results underscore its legitimacy and the value of the products. uver expensive oruber smart. there is a san francisco startup that is looking to reboot your commute. ♪ >> consumers love a minute -- american cars. >> jim is looking for 10% sales growth in china. that is fantastic. it is started from a high bar. other companies are just getting their foot in the door like ford will see explosive growth over there. what he percent, 40% growth. they're coming from a lower bar. gm has a great foothold. there is concern about the economy slowing in china. how does this affect a car company? had seven only percent growth, that would be a disappointment. there is still an exploding auto market over there. slowdowney have some and overall gdp, what pushes the growth i

well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue acme because then they'd be open up to discovery that would give documents subpoena power and you know you don't want to piss off short so we're going through your books and records no you certainly do not which is actually already done there's lots of presentations that he's done that kind of put evidence this but they recently talked about getting into the company's internal books and records you know you know which is probably going to great a common interest now here's the question you know pricewaterhouse coopers they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund why would you have various ways that the price i'm sorry to interrupt your price waterhouse coopers looking at the books is kind of like k p m g looking at crazier these books when we were through odds as a criminal i used to brag about what it did financial reports it's a nonevent in fact th

so far you can argue herbalife has come out on top. charlie gasparino with the next battle on this one. and the seahawks crushing defeat of the denver broncos has everyone from seattle celebrating. among them, a famous tech pioneer who has been a driving force behind the scenes. we will tell you all about him. dow jones industrials down 309 points right now. we're watching the markets second by second for you. let's say you pay your guy arnd 2 percent to manage your money. that's not much, you think except it's 2 peent every year. go to e*trade and find out how much our advice and guidance costs. spoiler alert. it's low. it's guidance on yo terms not ours. e*trade. less for us, more for you. liz: despite repeated attacks the activist investor bill ackman, herbalife is out with a winning quarter. the stock is up by $0.44, so should people like carl icahn who are on the side of believe in herbalife rejoice or does he have more up his sleeve with more websites and revelations that he consistently claims he has? charlie: the fox business r

the firm was also up about 9.3% last year with all the big jcp and herbalife losses and herbalife is down about 15% year to date. the numbers are probably a bit better. >> you know this guy well. you know this space well. the most, you know, some of the most impressive investments he's had over the years. you could make the case mbia, jjp, cp, proctor and gamble, beam. do you think the losses stand out more than the winners? because if you look at the percentage returns from the winners you could make the case on either side depending on what your perhaps perception of bill may be. >> at the end of the day the hedge fund is a numbers driven industry. when you have annualized returns for investors they're probably going to be happy overall despite all the media hoopla around the losses. >> guys? >> i think this is a $12 billion hedge fund and people focus relentlessly on this one trade that was visible. it was a lot of fun for the media to cover. at a certain point you look back at mbia, that was a disastrous loser for him before it became a huge winner. sometimes that happens. >> gen

. >> number seven, herbalife. the magician company posted a 10% increase in fourth-quarter profit, -- the nutrition company posted a 10% increase in fourth-quarter profit. sales in china rose more than 120% in the quarter, the fastest of any region worldwide. >> and everbright falling after the chain announced it is investing more in its istaurants -- panera falling. it also gave a disappointing forecast in the current quarter due to the weather. reporting a 27% gain in fourth-quarter profit, helped by strong demand for the aviation and fitness products. it says the non-automotive segments were 50% of total revenue. >> carlyle group says fourth-quarter profit more than tripled as the value of its funds jumped on the profits generated from the sale of assets. rose inequity portfolio the quarter. number three, mgm resorts, the largest casino operator on the las vegas strip. its loss narrowed in the fourth quarter, beating analyst estimates. the results reflect continued strength of governing -- gambling in macau alo

ally withn has a new herbalife. thatup supports the claim herbalife is a pyramid scheme. executives is the director. he is with us now. ryan, why this and why now? we learned about this a long time ago. why are you getting involved at this point. >> it has come to our attention 60%-80%where between are latino and we did not know that before. and we heardtested that. we were very alarmed. you look at the compensation and 80% of those distributors make absolutely nothing. only one half of one percent make a living wage stop that is disconcerting to us and we want to help protect those latinos. now that we have, we need to make sure that these latinos are protected. >> did you learn about this? did you get this information from mr. acumen? >> we did not. we got this from herbalife. they told us that safety percent of their distributors are spanish. they made statements that with english-speaking latinos, that is 83% in the united states and an incredible penetration. way over the number of latinos in the country. the statement of gross compensation came from herbalife. we ar

well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue out because then they'd be open up to discovery because that would give that subpoena power and you know you don't want to piss off short sellers going through your books of records now here's the question you know price waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund the library at various ways like a prize i'm sorry to interrupt your pricewaterhouse coopers looking at the books as kind of like k p m g looking at crazier these books when we were lords as a criminal i used to brag about what it did financial reports it's a nonevent in fact the big four accounting firms they fill between twenty five and forty nine percent of what it's inspected by the p.c.'s will be a nonevent. the accounting industry was complicit in the failures that created the financial crisis which obviously began in two thousand and seven certainly that's sort of

liz: well look, herbalife has what, 1.7% dividend? mark, you're picking western union for example, which we just had the ceo last week. people want to count this name out because of the competition that swirls around it but you're getting a 3% dividend on this one without a lot of the drama and the opportunity for this company to really participate in what could be the technological advancements of money transfers. >> well, liz, you're absolutely3 right. i think this is a wonderful business. believe it or not it was one of the original members of the dow jones industrial average. they started. liz: that is interesting. >> they started the telegraph back in 1871. then money transfer took over in 1980. they don't do telegraphs anymore obviously but it's a business very consistent. almost to me like a bond. generates a billion two in operating income. their dividend is higher than you said. it is about 365 i think at this price. and you know, when weecapitalize that free cash flow we come up with a higher share price than where it trade

is someone who would agree with your activist investor bill ackman he's been extremely vocal about herbalife being a pyramid scheme and his fund pershing square capital it's so sure of it that he's taken a one hundred billion dollars short position in the company now the question is why would such a sophisticated investor be so vocal about a potential pyramid scheme if they weren't absolutely positively certain that it was in fact a pyramid scheme well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue acme because then they'd be open up to discovery that would give documents subpoena power and you know you don't want to pissed off short so we go in through your books and records now here's the question you know price waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund why would you have various ways that the price i'm sorry to interrupt your price waterhouse coopers looking at the books is kind of li

is someone who would agree with you activists investor bill ackman he's been extremely vocal about herbalife being a pyramid scheme and his fund pershing square capital it's so sure of it that he's taken a one hundred billion dollars short position in the company now the question is why would such a sophisticated investor be so vocal about a potential pyramid scheme if they weren't absolutely positively certain that it was in fact a pyramid scheme well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue acme because then they'd be open up to discovery that would give documents subpoena power and you know you don't want to pissed off short so we go in three books and records now here's the question you know price waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund my value at various ways a good price i'm sorry to interrupt you pricewaterhouse coopers looking at the books as kind of like k p m g looking

herbalife executives are on their way to washington. let's talk to seema mody at cnbc headquarters. >> herbalife executives and others will be on capitol hill to meet with congressional staffers to explain how the company's direct sellers works. the last month, senator ed marky asked herbalife questions about its strategy, and if it's targeting minorities as some civil rights groups claim. herbalife said it answered all of senator marky's questions. herbalife ceo michael johnson has said the majority of the companies distributors sign up to get discounts on products they use themselves and only about 4% warrant to make using the product a full-time job. they push many to spend thousands of dollars to sell. he established a $1 billion short position against herbalife. while the stock initially plunged, it's risen about 23%. ackman reportedly said the herbalife bet has been the firm's worst ever. documents obtained by cnbc show the firm's loss on the stock has totaled 49%, although the exact dollar amount is unclear. but ackman is still c

is someone who would agree with your activist investor bill ackman he's been extremely vocal about herbalife being a pyramid scheme and his fund pershing square capital it's so sure of it that he's taken a one hundred billion dollars short position in the company now the question is why would such a sophisticated investor be so vocal about a potential pyramid scheme if they weren't absolutely positively certain that it was in fact a pyramid scheme well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue acme because then they'd be open up to discovery that would give documents subpoena power and you know you don't want to pissed off short so we're going through your books and records now here's the question you know price waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund my body at various ways like the price i'm sorry to interrupt your price waterhouse coopers looking at the books is kind of like k

we know from an herbalife spokesperson that they will be meeting from at least two executives from herbalife, making this pitch. we will be hearing from john b simone, the cfo, also ibi fleming. they will also be hearing from association,lling this meeting getting underway in the next half an hour. also important to point out, guys, this is not the first time that herbalife executives have sat down with staffers here on capitol hill. they actually met with senator markey's office back at the end of january. so they are certainly starting to make the rounds. >> they had a lot of trouble, making, with senator markey, right? of the he has been one more outspoken lawmakers, and they're probably hoping he will not snowball. he sent a letter to the sec and the sec asking for an investigation. he asked herbalife to explain the business model, sending a letter to the ceo, michael johnson. johnson we know responded just this week with his own letter, but probably laying out a very similar pitch to what the executives are going to be making today. essentially saying look, these jobs are just like amwa

what are you watching for, let's say in herbalife? >>in herbalife actually i think that the upside is actually fairly limited. what everyone's gonna be watching for is there any hint at all of a slowdown? any hint of bill ackman's accusations of the improprieties? i think to the upside herbalife has traded over 70. but the real pressure would be to the downside with any sort of bad report or bad guidance. >>thank you scott and have a great week. >>thank you. you too. paul eggers fills in today for chuck coppola--good morning. good morning, angie...its a short week after president's day, and that's good news for whole foods, who had a looong week last week. in today's cover story, a closer look at the problems dragging down the up market grocer. investors lost thier appetite for whole foods for a while last week.. the stock sold off nearly $6 dollars thursday after the grocery chain lowered it's outlook for the year. it then rebounded 79 cents friday. competition, from the likes of privately held trader joes and public firms sprouts fa

errada y para analizar y entender los detalles de aquellas personas que citan una mala experiencia con herbalife, segÚn la compaÑÍa, mÁs del 60% de sus exhibidores son de origen latino. >> la familia del joven mexicano que supuestamente muriÓ en el pacÍfico, no correrÁ la historia, creen la historia de la muerte, su hermano cree que su hermano se pudo haber evitado. >> su familia se resiste a creer la versiÓn. (llanto) >> los hermanos del mexicano dicen que no cree en la explicaciÓn del nÁufrago, quien asegura que ezequiel muriÓ de hambre porque no quiso comer peces y tortugas descompuestas, y beber la sangre de esta. >> mi hermano estaba acostumbrado a comer alimento crudo. >> la Última vez que se comunicaron con Él,cuando informÓ el daÑo de la lancha, ellos se comunicaron con las autoridades, pero ellos no le hicieron caso. >> birmano -mi hermano pudo haberse salvado si las autoridades no hubieran escuchado, pero por ser pobres, no se escucha nuestra voz. >> en el lugar donde naciÓ el nÁufrago, empezaron a nacer toda clase de historias sobre su pasado, dicen que Él se fue des

well i believe that i believe that it's a pyramid scheme i don't think that herbalife is going to sue acme because then they'd be open up to discovery because that would give that subpoena power and you know you don't want to piss off short sellers going through your books of records now here's the question you know press waterhouse cooper they've come in and they've looked at the books they're new auditors and they've given them a clean bill of health and herbalife they certainly have plenty of cash cash flow to fund the library at various ways like a prize i'm sorry to interrupt your pricewaterhouse coopers looking at the books as kind of like k p m g looking at crazier these books when we were words as a criminal i used to brag about what it did financial reports it's a nonevent in fact the big four accounting firms they feel between twenty five and forty nine percent of what it's inspected by the p.c.'s will be a nonevent. the accounting industry was complicit in the failures that created the financial crisis which obviously began in two thousand and seven certainly that's sort of

great job. >>> shares of herbalife, did you see this? they were up about 44 cents, i want to say 30 minutes into the last hour of trade. then suddenly in the last 2 1/2 minutes of trade jumping more than 7%. they had better-than-expected earnings. they also announced an increase in share buyback but, nicole there has got to be more to the sudden jump on this stock? >> no doubt. we went over and talked to the specialist. the specialists are not really supposed to talk to us but there was evident there was a late buy order that came into herbalife. up 7.25 percent on a day that markets tanked, right? what happened? they raised their fourth quarter outlook. that is good news. they have been beaten down recently. they have been accused of a ponzi scheme. you had one of the regulators over in massachusetts looking into it because his constituents actually are saying they distributed herbalife products and actually were losing money doing so. so the, and he wanted sec, mary jo white to look at herbalife closely to see what is going on. in the

. >>> bill ackman getting personal on herbalife. he's not only going after the company but now also going after some of its biggest distributors. by name. let's bring in the street.com's herb greenberg. when we say distributor people think the beer distributor. no, no, no. these are individuals, right, that are the ones that are selling the product so bill ackman is essentially calling out some individuals, in fact, one of them by their hometown by name. what do you make of this? >> well, i think it is maybe a little bit overdue. these are not just regular old distributors. the people he's pointing to, especially the person he mentions today, who is in colorado and canada, is no longer a distributor. he's moved on to some other company. these are the biggest distributors who have real big down lines tan point i think he's pointing out, when you look at some of these people, especially those who have left the company, is some were accused perhaps of violating some of the company's own rules and the question is why did it take the com

he talked about how much he liked herbalife as a long-term holding. he wanted to see the financials, by the end of december. whyad a long-term view on he liked the company so much. take a listen. >> this business is one that is fascinating. the generate significant cash flows with no debt. it is growing. so many people talk about this group of unemployed this natural unemployment rate and you look at these countries with unemployment, there is an interesting percentage of young people that are entering these businesses. timingparticular perspective, this all played into something that fit into our macro ideology. >> there you have the macro ideology. kyle bass having his big picture opinion. guess what he did at the end of december? >> he got out. >> 100%. that is after they had their audited financials. a big long-term view of why he likes this company so, so much, stock goes up, he says peace out. >> it is interesting to see what he will do a general motors. if he thinks general motors is going to go up 40% in the next 18 months, you would think he

a call has been made to investigate herbalife. the second winter storm in three days is sweeping the northeastern united states, grounding more than 2000 flights, closing schools and downing power lines. new york governor andrew cuomo has declared a state of emergency and boston could get nine inches of snow and ice before the storm and later today. time for the commodities" stop su keenan joins us from the newsroom with the details. >> we go from wild weather to something wild in terms of volatility in the commodities. it does have something to do with the weather. of mildern word weather. we are receiving bigger gains in coffee. a rabbit to coffee futures are now on track for their biggest --ar gain -- a rabbit, abica coffee futures are now on track for their biggest weekly gain since 2000. the crop losses could get bigger, and we could see a pretty big rally. one analyst says futures could rally 30% to 40% from here. the concern is about supply, and that has pushed coffee into a bull market as of last friday. oil has arraigned

i'm so sick of herbalife anyway. thanks for joining us. >> fine. okay, charlie. liz: icahn enterprises, we always neglect to mention it, but that is his company. annual low is 54. just closed today at $110.78. >> amazing guy. david: making money for the stockholders. >> people call him a speculator. that is what he does. think about what he is doing here. step back, you doesn't have to agree with him. he is shining the what goes on inside these boardrooms. if you're an investor you have to like a guy on think, he may not get all the details right. it is up to us to get the details right. >> he gets them mostly right. david: sometimes he puts spotlight on them and sometimes they scurry like cockroaches. >> we have to hear what andreessen is has to say. investing in companies, both saying andreessen was investing in companies of competitors of ebay an on the ebay board and left money on the table. david: serious charge. >> serious charge. i know mark andreessen somewhat. always a decent guy. love to hear his steer. they have put out the statement. the statement doe

what is happening with herbalife? >> it is up before the earnings. look at past four quarters herbalife has beaten the market expectations. the stock is up 3 1/2% heading into these earnings, david. liz: we need to talk about force labs in a few minutes. we have the ceo brent saunders, coming up after the buyout from activists. we'll speak with him and ask him about the huge jump in the stock. it was bought at a 25% premium. the price is above what they bought it for. >> the price surging by 28%. not just forest labs surging to a new high. act at this -- activist as well. they're turning into a nice performance and the deal, merger helps them compete in a health care landscape. david: let's talk about blackberry. we haven't for so long because it has been such a dog of the dow. it is getting a boost, 6.8%. i understand third point took a big stake. >> 10.2 million share. they spot upgrade from capital markets as well. [closing bell ringing] liz: disney hitting a new all-time high out there. >> 80 bucks. liz: for those that own that in your portfolio,

we are watching the selling but also lots of news coming out of herbalife. herb greenberg just calls it plain puzzling. >>> also, is bad news for the market as it goes through a rocky patch at the moment, good news for housing? that's our question and also, those that have changed the way we do business by maybe doing a little dirty business themselves. lots of things come up top of the hour. we are all over the markets today so do make sure you tune in. back to you on "power lunch." >>> the markets are all over the place at this hour. with the market down so much, what are retail investors doing? seema mody is following this angle. >> you know, conventional wisdom says that retail investors tend to be the last to arrive when the market is on the upswing but proprietary data from sandler o'neill indicates that retail activity surged in the month of january, up 30%, much higher than the historical average of 15%. analyst rich repetto tells me that basically means most of the recent moves in the market involved a high level of activity from retail investors. i

herbalife investors shook off comments from activist investor bill ackman... who has questioned the company's business model... deeming it a "pyramid scheme." now, ackman is accusing herbalife of employing distributors with a criminal backround. the company declined to comment. the stock rallied four dollars. a wave of relief is happening for the carnival cruise line. the company reports january bookings rose 17%. the ceo attributes the rise to product improvement and attractive promotions. this is a typical time of the year when people sign up for cruises. but the industry has been dealing with a flu like illiness that spread quickly on a royal carribean ship as well as the carnival princess. hopes are high for an expirimental breast cancer drug from pfizer. in a trial of patients in the middle stage of the disease-- pfizer said the drug palbohsyklib, significantly improved survival rates by blocking enzymes that enable cancerous tumors to grow. the drug now requires approval from the food and drug administration. pfizer stock was one of the few dow stocks up

now on monday's show we looked at the latest drama surrounding herbalife the multibillion dollar nutritional supplement distributor that many have accused of being a pyramid scheme shareholders and consumer activists are calling on regulators specifically the federal trade commission to step up and do something about it now joining me is a man who knows a thing or two about fraud it's white collar crime expert and convicted felon sam and are now sam what do you think of companies like herbalife an amway and even avon whose entire business model is based soley on multi-level.

economy plus the latest on the herbalife ackman pyramid drama this week the f.t.c. is being forced to look at allegations that the company is one big old pyramid scheme but tell you all about it coming right up and add harrison joins me in today's big deal to talk about canada finally and from the u.s. to build a bridge to detroit her story really happening you'll want to miss that and it all starts right now. they were talking about the emerging markets crisis and the u.s. economy however i want to lead off with the latest drama surrounding nutritional supplement distributor herbalife now the head of the trade federal.

pershing square's ceo is saying herbalife is down 49%. remember, he was shorting this company. it's pershing square's top loser because the company has done well. since the firm's inception, this has been his biggest stinker. we will have money more on this in just a minute, but bill ackman is speaking at a conference right now, admitting that herbalife's bet is not exactly paying off. we've got five minutes before the closing bell rings on rally day here. we'll find out exactly where your money goes, the top of the] hour. don't move. ♪ we asked people a question, how much money do you think u'll need when you retire? $500,000. maybe half-million. say a million dollars. [ dan ] then we gave each person a ribbon to show how ma years at amount might last. ♪ i was trying to like pull it a littlfurther. you know, i was trying to stretch it a ltle bit more. [ woman ] got me to 70 years old. i'm going to have to rethink this thing. [ man ] i looked around t everybody else and i was like, "are you kidding me?" [ dan ] it's just human nature to focus on the here and now. so it's ha

herbalife will report earnings today after the close. some have gotten out. what are you looking for here? >> i'm the herbalife earnings today is not going to be about soros but whether there's something there that bill ackman can sink his teeth into. if there's nothing there that looks line an investigation, as long as the numbers are in line, i think you see short covering, i think the stock -- >> already preannounced so the numbers are not going to be a big shock at all. it's going to be what else is in there, if anything. >> like an investigation, if not, i think it rallies. >> the latest filings confirming what i reported last month as well that dan lobe added a huge stake in hertz. josh? >> they're all in here. and i think what's interesting is that the stock has not acted well. year to date it's off 10%. it's very high beta. 2.88. it really moves in both directions. it's a hot stop there. traders are watching as hedge funds pile in. i think it will stay interesting throughout the quarter of the year. >>> coming up, apple and tesla are holding a mysteri

meanwhile, perry capital, which had caug had bought herbalife had added to it. based on this, we don't know where they are today. a lot of these guys seek the sage good opportunities because they are good opportunities. but beyond that, you know, you just have to be very careful. >> remind us exactly what you do think of whale watching. people sitting at home -- >> i think, look, there are good ideas out there. you have to understand the idea. there was a guy on cnbc earlier today. he was talking about the difference between 13-ds that somebody files when they go over 5% of a company versus a 13-f. 13-d you can say is far nor compelling than a 13-f but it means we get to see what the big guys are watching. >> thank you so much. looks some whales out the back. >> the perry capital one, that was a 13-d. i want to throw that out. >> up next, to sully with love. ] leading a multi-faceted life is anything but ordinary. meet the hybrid that matches your drive. ♪ the new 2014 lexus ct hybrid with an epa estimated 42 mpg. ♪ embrace your extraordinary. ♪ embrace yo

. >> herbalife three percent right now. expect tourveyed are hang earnings of 28 per share on revenues. we will have full coverage and instant analysis of the report coming up. number nine, big lots gaining nearly two percent as deutsche bank upgrades. by with a price target. the recent pullback in shares. believe that big lots is in the early stages of a turnaround. >> number eight, voice management. posting a fourth-quarter loss and disappointing fourth-quarter loss -- outlook. number seven, duke energy trading flat right now. on fourth quarter jumped strong performance from overseas operations and announced plans to get out of the wholesale power generation business in the midwest. >> number six, d.r. horton and hold the homes both down as the gauge of homebuilder confidence declines by the most on record. bad weather dampened outlook for sales ahead of the spring home sailing -- home selling season and could slow the pace of home construction. how to get out there and build a new house when snow is falling at the rate o

herbalife gets a lift the stock rallied more than a dollar after the close on earnings that topped wall street projections. and the ftc wants more info on the sysco us foods deal.. before agreeing to the merger. larry shover joins us on this wednesday morning. there has been an economic chill that has been running through the market. what do you anticipate for the housing numbers coming out today? >>just more of the same. and it seems like right now the investors are giving the economy the benefit of the doubt just given the horrible weather we've seen east of the mississippi. i know it's getting to be an old story but it's true. yesterday we had two bad numbers come out and the market just shrugged it's shoulders and continued to shrug higher. >>gold is making gains. is that a safe haven play or is something more happening? >>right now i think it's a lot of short covering. we've seen that since the very beginning of januaryjust on some of the unknowns. especially with the fed chair changing overis tapering really going to happen. and the slow down in data and emerging markets. so a lot