Herbalife is an immoral company but that does t make it illegal. They and Amway have been doing this for like 50 years. You don't think the FTC hasn't looked into this several times since then? Clearly they know how to operate within the law (or they had the law or its interpretation changed). Further, ypu think they will be found guilty of anything when the wife of the owner of Amway is cozy with Trump?
Difference between the two - Amway is not public so of course it can't be shorted. Clock is ticking on HLF.
Taking the last few painful years, If you've had invested with him in 2013, you'd still be whole at the end of 2016 (even made some money). Since the 2005, the guy has outperformed S&P by a factor of 3, even if his Sharpe ratio is not stellar. Activist fund business model certainly works and he's pretty good at his game (stupid ego bets aside). Indeed, immoral but not illegal, very much like many other grey area. I think it's a matter of time before something comes out that would blow them up (PR style nightmare or something truly illegal), but it can be a very painful process for someone holding an actual position.
Ahhh remember Enron, WorldCom, Lehman Brothers (and next probably Sears Holdings). It can go to zero ... whether or not it is ruled illegal. It's all a confidence game. When that is lost all is lost.