A video of Jared Kushner is shown on a screen, as the House select committee investigating the Jan. 6 attack on the U.S. Capitol holds a hearing at the Capitol in Washington, Thursday, July 21, 2022.
Alex Brandon | Reuters
In March 2022, Jared Kushner was called to testify in front of the Jan. 6 House committee regarding the attack on the Capitol that occurred in the waning days of his father-in-law’s presidency. In his private life, meanwhile, Kushner was doing deals, including one that took him to a niche and soon-to-be troubled corner of Amazon’s e-commerce empire.
Weeks ahead of his testimony in Washington, Kushner and others from his private equity firm, Affinity Partners, took a boat from their beach office in South Florida to meet with a company called Unybrands at its headquarters in nearby Miami, according to people familiar with the matter who asked not to be named because the talks were private.
Unybrands, founded in 2020, was one of many players in the then-booming market of Amazon seller aggregators. Companies in the space took advantage of low interest rates and pandemic-driven growth in e-commerce to collectively raise more than $16 billion from top names on Wall Street and in Silicon Valley with the intent of rolling up independent sellers on Amazon’s marketplace.
Kushner started Affinity in 2021, shortly after leaving his advisory role in the White House alongside his wife, Ivanka Trump. With Affinity, he attracted headlines for raising some $2 billion from the Saudi government, a highly controversial move given the cozy relationship between the Trump administration and Saudi Crown Prince Mohammed bin Salman, who U.S. intelligence officials said approved an operation to capture and kill journalist Jamal Khashoggi in 2018.
When it came to the Amazon aggregator market, Kushner was jumping in at the worst possible time. The tech bubble was bursting following a record wave of venture investment in 2021, when investors across the globe pumped $621 billion into startups and high-growth companies, more than double the prior record set a year earlier, according to CB Insights data. Rising rates and soaring inflation in 2022 led to slowing growth and layoffs across the industry, including at Unybrands.
Kushner was introduced to Unybrands by a tech entrepreneur whose company also had financial ties to Saudi Arabia, WeWork co-founder Adam Neumann, two people with knowledge of the matter said. Prior to its failed IPO in 2019, WeWork had raised billions of dollars from SoftBank and its Saudi-backed Vision Fund.
Neumann’s family office invested in Unybrands around the peak of the aggregator market in 2021, according to filings in the U.K., where the company has an operation. Neumann, who was ultimately ousted from WeWork by top SoftBank execs, introduced Kushner to Unybrands early the following year.
For about 90 minutes on that March day, members of Unybrands’ C-suite fielded questions from Kushner and his team, and showed off some of the eclectic mix of products the company had acquired: dietary supplements, cookware, microwavable weighted stuffed animals and the top-selling nail dryer on Amazon, the sources said.
Kushner was impressed by what he saw, they said. A month after the meeting, he wrote Unybrands a check for $75 million, according to documents viewed by CNBC.
Affinity’s investment in Unybrands, which hasn’t previously been reported, was one of the private equity firm’s earliest deals. It’s since backed a handful of companies, including a fitness technology startup, an online classifieds operator and a solar financing company, with its investments totaling a reported $1.2 billion to date.
As Kushner was getting into Unybrands, tech stocks were cratering. The IPO window slammed shut in 2022 and venture funding dried up for cash-burning startups. The Amazon aggregator space, which had blossomed during the pandemic, began to unwind as consumers tightened their belts and more people returned to brick-and-mortar stores. Aggregators that, less than a year earlier were throwing lavish cocktail parties and giving away Teslas for referrals, were suddenly strapped for cash.
The cost of doing business on Amazon — from advertising and listing fees to shipping and fulfillment — continued to creep up, making it harder for aggregators to run the companies they’d acquired profitably. Layoffs ensued, and some companies sold off underperforming brands.
Distressed deals have been occurring across the space. Razor Group, which counts L Catterton and BlackRock among its investors, acquired SoftBank-backed Perch in March. Heyday, backed by Khosla Ventures, has been exploring tie-ups with other aggregators, a former employee said. The company laid off its entire creative and brand teams in November, said the person, who asked not to be named because of confidentiality.
Heyday approached Dragonfly, whose backers include L Catterton, about a merger but the talks fell apart in recent months, according to a separate person with knowledge of the matter.
Heyday didn’t respond to a request for comment.
Unybrands also began seeking a buyer. In February, the company sent a deck to prospective acquirers and investors, a person familiar with the matter said.
Unybrands said in an emailed statement that the company explored strategic opportunities as the aggregator space “was full of disruption” in 2023. The company and its investors ultimately decided to continue raising funds internally, Unybrands said.
Unybrands confirmed to CNBC that Affinity invested in the company in 2022, though it didn’t specify how much it raised from Kushner’s firm.
‘Kick-the-can’ mergers
Some of the consolidation is being fueled by lenders who want to avoid write-downs, sources close to a number of deals told CNBC. Jason Somerville, a founding partner of consulting firm GW Partners, which has advised sellers and aggregators on deals, echoed that sentiment.
“I call it more of a kick-the-can type of merger, where you have common debt or common equity mergers, and they jam them together to maybe restructure the debt,” Somerville said. “Pretty much 100% of these are being done in a distressed situation.”
At Unybrands, year-over-year revenue growth had slowed to 11% in March 2022, from 27% in February and 34% in January, according to internal documents reviewed by CNBC.
Following a continued slide, the company laid off roughly 10% of its staff in November 2022, according to people familiar with the matter. Unybrands held another round of job cuts last year, and again at the beginning of this year, the people said.
Unybrands told CNBC it grew almost 20% in 2022, reaching its target, though it didn’t say how much of that expansion came through acquisitions. The company also said it’s “never had a month with declining sales” and has focused on profitability and generating positive cash flow.
Unybrands didn’t directly respond to questions about whether it’s conducted layoffs. The company said headcount has grown from 115 employees in January 2022 to more than 230 employees as of this year.
For Kushner, the investment in Unybrands was part of an expanding portfolio. Kushner, now 43, was embarking on a new career in private equity after four years in the Trump administration. Prior to that, he spent nearly a decade running his family’s real estate business.
Affinity is backed by Saudi Arabia’s Public Investment Fund, which oversees $925 billion in assets and has spent years cozying up to big-name investors, particularly in technology, in an effort to diversify the kingdom’s revenue away from oil. Affinity also reportedly received hundreds of millions of dollars from wealth funds in the United Arab Emirates and Qatar.
President Donald Trump, flanked by White House senior advisor Jared Kushner (2nd R) and chief economic advisor Gary Cohn (R), delivers remarks to reporters after meeting with Saudi Arabia’s Deputy Crown Prince and Minister of Defense Mohammed bin Salman (L) at the Ritz Carlton Hotel in Riyadh, Saudi Arabia May 20, 2017.
Jonathan Ernst | Reuters
The sources of capital received scrutiny due to Kushner’s diplomacy work in the Middle East while he was in the White House, as well as his friendly relationship with the Saudi crown prince. The House Oversight Committee launched an investigation into the investment in 2022, looking into whether Kushner’s financial interests influenced Trump’s foreign policy.
“Your support for Saudi interests was unwavering, even as Congress and the rest of the world closely scrutinized the country’s human rights abuses in Yemen, the murder of journalist Jamal Khashoggi by Saudi assassins tied to Crown Prince Mohammed bin Salman, and Saudi Arabia’s crackdown on political dissidents at home,” Carolyn Maloney, D-N.Y., who was chair of the Oversight Committee, wrote in a letter to Kushner in June 2022.
Republicans on the committee have delayed Democrats’ efforts to subpoena Kushner over the matter.
On Wednesday, Senate Finance Committee Chair Ron Wyden, D-Ore., initiated a new probe into Affinity, saying in a release on his website that he’s seeking “information pertaining to the tens of millions in payments Kushner is receiving from the Saudis and other foreign sources every year while exploiting private investment fund disclosure loopholes to shield the arrangement from public scrutiny.”
A representative for Kushner didn’t respond to requests for comment.
Taking control
Unybrands was still trying to expand as early as February of this year despite the turmoil in the market. The company announced a new funding round — an undisclosed amount from unnamed investors — alongside the acquisition of another company that would bring in six new brands to its portfolio. The investment would also go toward repaying $300 million in debt owed to asset management firm Crayhill Capital Management from a financing round in 2021.
At the same time, Unybrands overhauled its board. Co-founder and CEO Ulrich Kratz, a former Barclays and Goldman Sachs executive, resigned as a director, along with the company’s two other co-founders, according to filings.
“We’re now positioned better than ever to serve our customers and to continue to provide attractive exits for successful entrepreneurs,” he said.
While Unybrands provided scant details about the investment, filings with the U.K.’s corporate register show that in March, Unybrands transferred control of the company to a new entity owned by Kushner and affiliated with Affinity called AP Investments II.
Two years after Kushner’s first meeting with the company, U.K. records show Unybrands reincorporated as UBHoldCo. Filings indicate that AP Investments II maintains control of the business.
“The relevant legal entity holds, directly or indirectly, 75% or more of the shares of the company,” the filing says, referring to the firm’s control of UBHoldCo.
Unybrands acknowledged the ownership change in a memo to shareholders about the funding round last month, though it didn’t confirm Affinity’s involvement.
“As part of the financing the Crayhill debt was repaid,” Unybrands wrote in the memo, which was viewed by CNBC. “It also became necessary to make some changes to our corporate structure, which has meant that our group’s operating assets have been transferred to a new entity.”
UBHoldCo lists Ian Brekke, Affinity’s chief compliance officer, and Affinity partner Asad Naqvi as directors. Unybrands’ original holding company also remains active and lists two directors. One is Affinity partner Bret Pearlman, a former Blackstone managing director who also co-founded Elevation Partners with Roger McNamee. The other is Max Fink, a partner at Neumann’s family office, 166 2nd Financial Services.
It’s unclear how the entities and their boards operate within Unybrands’ corporate structure. The company notified shareholders late last month that “our investor” recently finalized its tax structuring, and that it would share more details on the financing soon, according to a document viewed by CNBC.
Unybrands told CNBC it’s in the process of consolidating its operations under one entity with one board made up of its “operating partners” and investors. The company confirmed its most recent funding round included Affinity, alongside Neumann’s family office and angel investors. The company added that Kratz continues to lead the business.
Representatives from Affinity didn’t respond to multiple requests for comment. Brekke, Naqvi, Pearlman and Fink also didn’t respond to requests for comment.
Israeli-American businessman Adam Neumann speaks during The Israeli American Council (IAC) 8th Annual National Summit on January 19, 2023 in Austin, Texas.
Shahar Azran | Getty Images
Neumann, who reportedly developed a relationship with Kushner when he was in the Trump administration, had ties to Unybrands through its co-founder Eugen Miropolski, former COO of WeWork.
Several high-profile executives have also recently departed Unybrands since Affinity effectively took control. CFO Robyn Laguette stepped down in March, according to her LinkedIn profile. Mark Goldfinger, who was vice president of growth and was involved in the Affinity deal, left in April, he confirmed in an email to CNBC.
Kushner has never spoken publicly about Unybrands or acknowledged his firm’s investment in the company. He said recently that he’s focused on investing and won’t be returning to the White House should Donald Trump defeat President Joe Biden in the November election.
“I’ve been very clear that my desire at this phase of my life is to focus on my firm,” Kushner said at an Axios event in February.
While Unybrands may end up as a relatively small write-off for his multibillion-dollar firm, other questions are still swirling.
In October, Kushner appeared on the “Lex Fridman Podcast,” a popular show that’s drawn a range of guests from Amazon founder Jeff Bezos and OpenAI CEO Sam Altman to Ye, the rapper formerly known as Kanye West.
Asked about Affinity’s backers, Kushner said he hasn’t been accused of violating any laws or ethics rules, and said one of his goals with the firm is to build “economic links” between the Gulf and Israel.
“I think we’re doing very well with it,” Kushner said. “In terms of the criticisms, I think that I’ve been criticized in every step of everything I’ve always done in my life. And so what I would say is this business is actually an objective metric business. It’s about returns. So in three, four years from now, five years from now, see how I do. Hopefully I’ll do very well, and judge me based on that.”
Alex Karp, CEO of Palantir Technologies speaks during the Digital X event on September 07, 2021 in Cologne, Germany.
Andreas Rentz | Getty Images
Palantir shares continued their torrid run on Friday, soaring as much as 9% to a record, after the developer of software for the military announced plans to transfer its listing to the Nasdaq from the New York Stock Exchange.
The stock jumped past $64.50 in afternoon trading, lifting the company’s market cap to $147 billion. The shares are now up more than 50% since Palantir’s better-than-expected earnings report last week and have almost quadrupled in value this year.
Palantir said late Thursday that it expects to begin trading on the Nasdaq on Nov. 26, under its existing ticker symbol “PLTR.” While changing listing sites does nothing to alter a company’s fundamentals, board member Alexander Moore, a partner at venture firm 8VC, suggested in a post on X that the move could be a win for retail investors because “it will force” billions of dollars in purchases by exchange-traded funds.
“Everything we do is to reward and support our retail diamondhands following,” Moore wrote, referring to a term popularized in the crypto community for long-term believers.
Moore appears to have subsequently deleted his X account. His firm, 8VC, didn’t immediately respond to a request for comment.
Last Monday after market close, Palantir reported third-quarter earnings and revenue that topped estimates and issued a fourth-quarter forecast that was also ahead of Wall Street’s expectations. CEO Alex Karp wrote in the earnings release that the company “absolutely eviscerated this quarter,” driven by demand for artificial intelligence technologies.
U.S. government revenue increased 40% from a year earlier to $320 million, while U.S. commercial revenue rose 54% to $179 million. On the earnings call, the company highlighted a five-year contract to expand its Maven technology across the U.S. military. Palantir established Maven in 2017 to provide AI tools to the Department of Defense.
The post-earnings rally coincides with the period following last week’s presidential election. Palantir is seen as a potential beneficiary given the company’s ties to the Trump camp. Co-founder and Chairman Peter Thiel was a major booster of Donald Trump’s first victorious campaign, though he had a public falling out with Trump in the ensuing years.
When asked in June about his position on the 2024 election, Thiel said, “If you hold a gun to my head I’ll vote for Trump.”
Thiel’s Palantir holdings have increased in value by about $3.2 billion since the earnings report and $2 billion since the election.
In September, S&P Global announced Palantir would join the S&P 500 stock index.
Analysts at Argus Research say the rally has pushed the stock too high given the current financials and growth projections. The analysts still have a long-term buy rating on the stock and said in a report last week that the company had a “stellar” quarter, but they downgraded their 12-month recommendation to a hold.
The stock “may be getting ahead of what the company fundamentals can support,” the analysts wrote.
Charles Liang, chief executive officer of Super Micro Computer Inc., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024. The trade show runs through June 7.
Annabelle Chih | Bloomberg | Getty Images
Super Micro Computer could be headed down a path to getting kicked off the Nasdaq as soon as Monday.
That’s the potential fate for the server company if it fails to file a viable plan for becoming compliant with Nasdaq regulations. Super Micro is late in filing its 2024 year-end report with the SEC, and has yet to replace its accounting firm. Many investors were expecting clarity from Super Micro when the company reported preliminary quarterly results last week. But they didn’t get it.
The primary component of that plan is how and when Super Micro will file its 2024 year-end report with the Securities and Exchange Commission, and why it was late. That report is something many expected would be filed alongside the company’s June fourth-quarter earnings but was not.
The Nasdaq delisting process represents a crossroads for Super Micro, which has been one of the primary beneficiaries of the artificial intelligence boom due to its longstanding relationship with Nvidia and surging demand for the chipmaker’s graphics processing units.
The one-time AI darling is reeling after a stretch of bad news. After Super Micro failed to file its annual report over the summer, activist short seller Hindenburg Research targeted the company in August, alleging accounting fraud and export control issues. The company’s auditor, Ernst & Young, stepped down in October, and Super Micro said last week that it was still trying to find a new one.
The stock is getting hammered. After the shares soared more than 14-fold from the end of 2022 to their peak in March of this year, they’ve since plummeted by 85%. Super Micro’s stock is now equal to where it was trading in May 2022, after falling another 11% on Thursday.
Getting delisted from the Nasdaq could be next if Super Micro doesn’t file a compliance plan by the Monday deadline or if the exchange rejects the company’s submission. Super Micro could also get an extension from the Nasdaq, giving it months to come into compliance. The company said Thursday that it would provide a plan to the Nasdaq in time.
A spokesperson told CNBC the company “intends to take all necessary steps to achieve compliance with the Nasdaq continued listing requirements as soon as possible.”
While the delisting issue mainly affects the stock, it could also hurt Super Micro’s reputation and standing with its customers, who may prefer to simply avoid the drama and buy AI servers from rivals such as Dell or HPE.
“Given that Super Micro’s accounting concerns have become more acute since Super Micro’s quarter ended, its weakness could ultimately benefit Dell more in the coming quarter,” Bernstein analyst Toni Sacconaghi wrote in a note this week.
A representative for the Nasdaq said the exchange doesn’t comment on the delisting process for individual companies, but the rules suggest the process could take about a year before a final decision.
A plan of compliance
The Nasdaq warned Super Micro on Sept. 17 that it was at risk of being delisted. That gave the company 60 days to submit a plan of compliance to the exchange, and because the deadline falls on a Sunday, the effective date for the submission is Monday.
If Super Micro’s plan is acceptable to Nasdaq staff, the company is eligible for an extension of up to 180 days to file its year-end report. The Nasdaq wants to see if Super Micro’s board of directors has investigated the company’s accounting problem, what the exact reason for the late filing was and a timeline of actions taken by the board.
The Nasdaq says it looks at several factors when evaluating a plan of compliance, including the reasons for the late filing, upcoming corporate events, the overall financial status of the company and the likelihood of a company filing an audited report within 180 days. The review can also look at information provided by outside auditors, the SEC or other regulators.
Last week, Super Micro said it was doing everything it could to remain listed on the Nasdaq, and said a special committee of its board had investigated and found no wrongdoing. Super Micro CEO Charles Liang said the company would receive the board committee’s report as soon as last week. A company spokesperson didn’t respond when asked by CNBC if that report had been received.
If the Nasdaq rejects Super Micro’s compliance plan, the company can request a hearing from the exchange’s Hearings Panel to review the decision. Super Micro won’t be immediately kicked off the exchange – the hearing panel request starts a 15-day stay for delisting, and the panel can decide to extend the deadline for up to 180 days.
If the panel rejects that request or if Super Micro gets an extension and fails to file the updated financials, the company can still appeal the decision to another Nasdaq body called the Listing Council, which can grant an exception.
Ultimately, the Nasdaq says the extensions have a limit: 360 days from when the company’s first late filing was due.
A poor track record
There’s one factor at play that could hurt Super Micro’s chances of an extension. The exchange considers whether the company has any history of being out of compliance with SEC regulations.
Between 2015 and 2017, Super Micro misstated financials and published key filings late, according to the SEC. It was delisted from the Nasdaq in 2017 and was relisted two years later.
Super Micro “might have a more difficult time obtaining extensions as the Nasdaq’s literature indicates it will in part ‘consider the company’s specific circumstances, including the company’s past compliance history’ when determining whether an extension is warranted,” Wedbush analyst Matt Bryson wrote in a note earlier this month. He has a neutral rating on the stock.
History also reveals just how long the delisting process can take.
Charles Liang, chief executive officer of Super Micro Computer Inc., right, and Jensen Huang, co-founder and chief executive officer of Nvidia Corp., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024.
Annabelle Chih | Bloomberg | Getty Images
Super Micro missed an annual report filing deadline in June 2017, got an extension to December and finally got a hearing in May 2018, which gave it another extension to August of that year. It was only when it missed that deadline that the stock was delisted.
In the short term, the bigger worry for Super Micro is whether customers and suppliers start to bail.
Aside from the compliance problems, Super Micro is a fast-growing company making one of the most in-demand products in the technology industry. Sales more than doubled last year to nearly $15 billion, according to unaudited financial reports, and the company has ample cash on its balance sheet, analysts say. Wall Street is expecting even more growth to about $25 billion in sales in its fiscal 2025, according to FactSet.
Super Micro said last week that the filing delay has “had a bit of an impact to orders.” In its unaudited September quarter results reported last week, the company showed growth that was slower than Wall Street expected. It also provided light guidance.
The company said one reason for its weak results was that it hadn’t yet obtained enough supply of Nvidia’s next-generation chip, called Blackwell, raising questions about Super Micro’s relationship with its most important supplier.
“We don’t believe that Super Micro’s issues are a big deal for Nvidia, although it could move some sales around in the near term from one quarter to the next as customers direct orders toward Dell and others,” wrote Melius Research analyst Ben Reitzes in a note this week.
Super Micro’s head of corporate development, Michael Staiger, told investors on a call last week that “we’ve spoken to Nvidia and they’ve confirmed they’ve made no changes to allocations. We maintain a strong relationship with them.”
Chinese e-commerce behemoth Alibaba on Friday beat profit expectations in its September quarter, but sales fell short as sluggishness in the world’s second-largest economy hit consumer spending.
Alibaba said net income rose 58% year on year to 43.9 billion yuan ($6.07 billion) in the company’s quarter ended Sept. 30, on the back of the performance of its equity investments. This compares with an LSEG forecast of 25.83 billion yuan.
“The year-over-year increases were primarily attributable to the mark-to-market changes from our equity investments, decrease in impairment of our investments and increase in income from operations,” the company said of the annual profit jump in its earnings statement.
Revenue, meanwhile, came in at 236.5 billion yuan, 5% higher year on year but below an analyst forecast of 238.9 billion yuan, according to LSEG data.
The company’s New York-listed shares have gained ground this year to date, up more than 13%. The stock fell more than 2% in morning trading on Friday, after the release of the quarterly earnings.
Sales sentiment
Investors are closely watching the performance of Alibaba’s main business units, Taobao and Tmall Group, which reported a 1% annual uptick in revenue to 98.99 billion yuan in the September quarter.
The results come at a tricky time for Chinese commerce businesses, given a tepid retail environment in the country. Chinese e-commerce group JD.com also missed revenue expectations on Thursday, according to Reuters.
Markets are now watching whether a slew of recent stimulus measures from Beijing, including a five-year 1.4 trillion yuan package announced last week, will help resuscitate the country’s growth and curtail a long-lived real estate market slump.
The impact on the retail space looks promising so far, with sales rising by a better-than-expected 4.8% year on year in October, while China’s recent Singles’ Day shopping holiday — widely seen as a barometer for national consumer sentiment — regained some of its luster.
Alibaba touted “robust growth” in gross merchandise volume — an industry measure of sales over time that does not equate to the company’s revenue — for its Taobao and Tmall Group businesses during the festival, along with a “record number of active buyers.”
“Alibaba’s outlook remains closely aligned with the trajectory of the Chinese economy and evolving regulatory policies,” ING analysts said Thursday, noting that the company’s Friday report will shed light on the Chinese economy’s growth momentum.
The e-commerce giant’s overseas online shopping businesses, such as Lazada and Aliexpress, meanwhile posted a 29% year-on-year hike in sales to 31.67 billion yuan.
Cloud business accelerates
Alibaba’s Cloud Intelligence Group reported year-on-year sales growth of 7% to 29.6 billion yuan in the September quarter, compared with a 6% annual hike in the three-month period ended in June. The slight acceleration comes amid ongoing efforts by the company to leverage its cloud infrastructure and reposition itself as a leader in the booming artificial intelligence space.
“Growth in our Cloud business accelerated from prior quarters, with revenues from public cloud products growing in double digits and AI-related product revenue delivering triple-digit growth. We are more confident in our core businesses than ever and will continue to invest in supporting long-term growth,” Alibaba CEO Eddie Wu said in a statement Friday.
Stymied by Beijing’s sweeping 2022 crackdown on large internet and tech companies, Alibaba last year overhauled the division’s leadership and has been shaping it as a future growth driver, stepping up competition with rivals including Baidu and Huawei domestically, and Microsoft and OpenAI in the U.S.
Alibaba, which rolled out its own ChatGPT-style product Tongyi Qianwen last year, this week unveiled its own AI-powered search tool for small businesses in Europe and the Americas, and clinched a key five-year partnership to supply cloud services to Indonesian tech giant GoTo in September.
Speaking at the Apsara Conference in September, Alibaba’s Wu said the company’s cloud unit is investing “with unprecedented intensity, in the research and development of AI technology and the building of its global infrastructure,” noting that the future of AI is “only beginning.”
Correction: This article has been updated to reflect that Alibaba’s Cloud Intelligence Group reported quarterly revenue of 29.6 billion yuan in the September quarter.