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Super Micro, which has had a bumpy ride since its auditor quit, finally hired a general counsel

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  • Super Micro Computer, the AI-adjacent tech firm that manufactures servers packed with Nvidia’s prized GPUs, has named a general counsel. The appointment is a key recommendation the company’s board made after an independent investigation into management and accounting practices last year. For the high-profile position, Super Micro tapped its current senior vice president of corporate development, who will now also double as general counsel. 

Beleaguered Fortune 500 company Super Micro Computer continues to try to clean up and modernize its internal functions and has named a general counsel, the company announced on Monday. 

Current senior vice president of corporate development, Yitai Hu, will now also serve as chief legal officer at the $20 billion tech manufacturer. According to his LinkedIn bio and California state records, Hu is also a manager of Eponym Investments, a general investment firm. 

Hu’s hiring was announced in conjunction with the appointment of Scott Angel, a new independent director on Super Micro’s board. Angel spent 37 years in audit and assurance at Deloitte until he retired in December 2017. The timing is notable: Super Micro spent the past five months enmeshed in a sprawling accounting mess after its former auditor, EY, quit abruptly last October, raising red flags about the company’s financial controls. 

“Supermicro’s explosive growth has positioned us as a clear industry leader with tremendous opportunities for further value creation, and the appointments of Scott as an independent director and Yitai as General Counsel will support our continued growth,” said Charles Liang, CEO and founder, in a press release.  

Angel is an audit committee financial expert, and spent 25 years as an audit partner in Silicon Valley, according to Super Micro. He served clients in tech and led Deloitte’s semiconductor industry practice from 1993 until 2017. Deloitte & Touche LLP previously served as Super Micro’s independent registered public accounting firm from 2003 until it was dismissed in 2023 when Super Micro hired EY. 

A Super Micro spokesman declined further comment.

The appointments come at a critical time for the hardware manufacturer, which builds high-efficiency servers and data centers and recently partnered with Elon Musk’s xAI Grok team to build a 750,000-square-foot data center in Memphis. Super Micro is a key player in the AI ecosystem, and its star and its stock price rose along with Nvidia, OpenAI, and Anthropic. However, investors’ faith in Super Micro was shaken following its accounting problems, and its share price is down more than 17% the past six months. 

Financial data company S3 Partners told Fortune Super Micro is the second largest short in the technology hardware and equipment industry group with 22.3% of its floating shares shorted—a short interest valued at $3.89 billion. So far this year, short sellers in the company’s stock added 31.2 million shares worth $1.1 billion, an increase of 38%, S3 Managing Director Ihor Dusaniwsky said in a statement. In the past 30 days, short sellers added 10.7 million shares to their positions, an uptick of 10% in total shares shorted. 

“Shorting SMCI has not been a profitable trade for the full year, but recently it has been very profitable,” wrote Dusaniwsky in a statement. Short sellers lost $263 million year to date in mark-to-market losses for a -7.1% return, but they are up $7 million in March alone in profits, an 18.2% return, he said. 

Despite bets that the stock price will continue to fall, Liang has said finally issuing financial filings, after being delinquent for months, marked an important milestone and an end to the distractions. In a call with analysts last month, Liang said the company was focused on meeting a $40 billion revenue target for 2025. However, the fallout from the accounting kerfuffle continues to reverberate; since August, Super Micro and Liang have been hit with at least five lawsuits and face probes from the Department of Justice and the Securities and Exchange Commission. Super Micro has said it is cooperating with regulators. 

The company’s troubles reached a boiling point when EY resigned last summer after it brought concerns to the board’s audit committee about Super Micro’s internal controls, governance, and transparency, which resulted in the board forming a special committee and launching an investigation. Last August, the board recruited veteran lawyer Susie Giordano to join the board and serve as the sole member of the special committee to oversee the investigation. As the investigation continued, Super Micro delayed filing its annual financial report to investors as well as two quarterly reports, which prompted Nasdaq to warn the company it was in danger of being delisted from the exchange. 

Super Micro has since wrapped the investigation, issued its financial statements, and announced in February that it was in compliance with Nasdaq rule requirements. The company hired BDO USA as its auditor and named a principal accounting officer and chief accounting officer, promoting two internal finance executives to the roles. Super Micro is also searching for a new chief financial officer with more experience to replace sitting CFO David Weigand, a recommendation also borne from the special committee investigation.  

Hiring a general counsel and a new CFO were two of six key measures the committee pressed following the probe. Furthermore, the board recommended expanding the legal department with more in-house attorneys “to a level commensurate for a company of Super Micro’s size and complexity, particularly in light of its recent rapid growth and future growth ambitions.”  

Hu will report directly to Super Micro CEO Charles Liang, the company told investors. He is licensed in California, where Super Micro is headquartered, and has been with the tech firm for five months. Hu previously spent a year at law firm Norton Rose Fulbright, two years at Wilson Sonsini Goodrich & Rosati, and 10 years at Alston & Bird. 

This story was originally featured on Fortune.com



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Jamie Dimon eyes a ‘likely’ recession unless the Trump admin doesn’t turn tariffs into trade deals: ‘That’s the best thing they can do’

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Why this ‘basis trade’ moment is so dangerous

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  • The fact prices in the bond market are in decline at the same time as the stock market suggests there may be a liquidity crisis in the financial sector happening at the same time as the trade tariff crisis. Both phenomena could be on the scale of the 2008 financial crisis, if President Trump does not change course. Some investment managers are calling for intervention by the U.S. Federal Reserve.

You can forgive yourself if, before today, you had never heard of “the basis trade.” You had no reason to.

But we might be about to learn a whole lot about basis trades in the same way that we had to suddenly learn about “credit default swaps” and “mortgage-backed securities” during the Great Financial Crisis of 2008.

Because this moment—with President Trump’s tariff program threatening to push the planet into a recession, as stocks and bonds fall—feels just as dangerous as August 3, 2007, when Jim Cramer suddenly began screaming on CNBC that the U.S. Federal Reserve had to “open the discount window” (meaning be more generous to large banks that were in trouble) because former Fed Chairman Ben Bernanke had “no idea how bad it is out there!” 

That was the moment that presaged the 2008 crisis. The S&P dropped 50% of its value over the next two years as, slowly at first and then with increasing alarm, everyone realized the economy had taken on way more mortgage debt than could ever be paid off.

On Tuesday, the S&P 500 collapsed to under 5,000—around 18% below its all-time high of 6,144 in February. 

Usually, when stocks go down, investors flee to the safety of bonds, and bonds go up. 

But bonds were also going down. The yield on the 10-year Treasury rose from 3.9% and briefly hit 4.51%. (Remember: If yields are going up, it means bond prices are going down). 

This was unusual

Scarily, mysteriously unusual. It meant there was nowhere “safe” for money to hide.

Then, also on Tuesday, Torsten Sløk, the chief economist of Apollo Management, published a fantastically helpful note explaining the likely problem in the bond market: “The basis trade.”

It turns out that since the Great Financial Crisis of 2008, hedge funds have been placing bets with up to 100 times leverage on the price difference between Treasuries and Treasury futures contracts. In the bet, to put it simply, you buy the Treasury bond and then short the differently priced futures contract on a similar bond. As the bond comes up on its expiry date, the prices converge. The futures price comes down, and your short bet pays off.

The price differences are small, and that is why hedge funds use 100 times leverage to make money on them.

“How big is the basis trade?” Sløk asked. “It is currently around $800 billion and an important part of the $2 trillion outstanding in prime brokerage balances.”

The liquidity problem

The only problem with leverage, of course, is that you have to pay it back.

And what the bond market—with its falling prices—seemed to be signalling was that there was a liquidity problem among hedge funds and banks that were scrambling to exit the basis trade in order to raise and hold cash.

When there is a liquidity problem on that scale, you’ve potentially got systemic, institutional issues. Ark Invest’s Cathie Wood posted on X, albeit in reference to a different aspect of the bond market, there were “serious liquidity issues in the US banking system.” 

“This crisis is calling out for … serious support from the Fed,” she said.

She’s not the only one who is worried. 

Jefferies’ chief U.S. economist, Thomas Simons, published a note to clients Wednesday morning titled, “We Could See Fed Intervention Soon.”

Nick Lawson, chief executive of investment group Ocean Wall, told the Financial Times, “As things spiral, they’re [the hedge funds] being forced to sell anything they can — even good assets — just to stay afloat … if the Federal Reserve doesn’t step in soon, this could turn into a full-blown crisis. It’s that serious.”

This sounds a lot like 2008

That is why it is so scary.

But this time, it is potentially worse than 2008. 

The trigger of this crisis is not merely a couple of hedge funds making some bad bets on Treasuries. It’s President Trump’s trade tariffs. The White House has all but called a halt to any international trade with America—and the stock market is reacting negatively as a result. 

To put the scale of what Trump is doing in perspective: Trump’s tariffs might spell the end of Apple’s iPhone for American consumers. The tariffs on China mean the price of a new iPhone could rise to $3,500, according to Wedbush analyst Daniel Ives. That price assumes Apple could make an iPhone inside the U.S., thus avoiding the China tariff. But that’s impossible, Ives says, because it takes years to build the kind of semiconductor fabrication factories needed for a smartphone. And even if you could do it, the phones would be too expensive for anyone but the very rich. “The reality of a $1,000 iPhone being one of the best made consumer products on the planet would disappear,” Ives says.

Goldman Sachs sent their clients a note on Wednesday that says, “The implied growth downgrade on April 3 and 4 [from the tariffs] exceeded anything seen outside the initial COVID shock, one episode in the GFC, and Black Monday in 1987,” analysts Dominic Wilson and Vickie Chang wrote.

With those prospects, it is not surprising that stocks are selling off. The tariffs will simply prevent many companies from being in the business they are in.

Back in February—it feels like a lifetime ago but it was just a few weeks!—all the chatter was about the “soft landing” the U.S. Federal Reserve seemed to have engineered for the U.S. economy. The American economy had hit a few bumps last year, but it was fundamentally sound. Stocks were anticipating good times ahead. Even the recent job numbers for March looked good.

All that has now gone

Of course, there is a cure for this. Trump can reverse his trade policy. But he is not known for backing down or admitting he may have made a mistake. Alternatively, Congress could step in and pass a bill taking back control of tariff policy.

Absent those two conditions, we may now have not one but two 2008-scale crises at the same time, both feeding each other: The crisis among companies who suddenly cannot trade; and a crisis in the financial sector, which suddenly can’t locate enough cash to stay liquid.

This story was originally featured on Fortune.com



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Amazon cancels some inventory orders from China after tariffs

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Amazon.com Inc. has canceled orders for multiple products made in China and other Asian countries, according to a document reviewed by Bloomberg and people familiar with the matter, suggesting the company is reducing its exposure to tariffs imposed by President Donald Trump.

The orders for beach chairs, scooters, air conditioners and other merchandise from multiple Amazon vendors were halted after Trump’s April 2 announcement that he planned to levy tariffs on more than 180 countries and territories, including China, Vietnam and Thailand, the people said. The timing of the cancellations, which had no warning, led the vendors to suspect it was a response to tariffs.

An Amazon spokesperson declined to comment. The company identified international trade disputes as a risk factor in its annual report released in February. “China-based suppliers provide significant portions of our components and finished goods,” the company said.

It’s unclear how widespread the cancellations are and how many types of merchandise they affect.

One vendor who has been selling beach chairs made in China to Amazon for more than a decade received an email from the company last week that said it was canceling some purchase orders it placed “in error“ and instructed the vendor not to ship them. The email, which was reviewed by Bloomberg, didn’t mention tariffs.

The vendor said the $500,000 wholesale order was nixed after the chairs had already been manufactured, leaving this person on the hook to pay the factory and find other buyers. The vendor, who spoke on condition of anonymity for fear of retaliation from Amazon, said the company had never canceled one of its orders in such as manner.

Scott Miller, a former Amazon vendor manager who now works as an e-commerce consultant, said Amazon canceled orders for merchandise made in China and other Asian countries from several of his clients. The cancellations came without warning, he said, and could force vendors to renegotiate terms with the e-commerce company.

“Amazon really holds all of the cards,” said Miller, founder and CEO of pdPlus in Minneapolis. “The only real recourse vendors have is to either sell this inventory in other countries at lower margins or try to work with other retailers.”

The beach chair vendor and Miller said Amazon cancelled “direct import orders,” a process in which Amazon buys inventory wholesale in the country in which it is made and ships the products to its warehouses in the United States. Amazon serves as the importer of record for the orders, which means it pays tariffs when the products reach US ports. 

Amazon has been importing items this way for years as a way to reduce costs since Amazon can often use bulk shipping rates to import items at lower costs than vendors. Canceling those orders puts the tariff exposure back on vendors if they import merchandise to the US by other means.

Items Amazon buys directly from vendors account for about 40% of the products sold on its website. The rest of the company’s sales are made by independent merchants who essentially rent digital shelf space from Amazon, paying the company commissions and fees for logistics and advertising.

Trump’s tariffs have rattled global markets. Many businesses are raising prices, stoking fears of a recession. On Tuesday, Robert W. Baird & Co. Inc. reduced its 2025 revenue forecast for Amazon, citing the effects of tariffs in a research note. The company’s shares have fallen about 21% this year, compared with the S&P 500’s 15% slump.

This story was originally featured on Fortune.com



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