The podcast features an interview with Howard Marks, founder of StartEngine, focusing on his extensive entrepreneurial journey and the transformative potential of equity crowdfunding.
Marks's career began with an early foray into software development for the Apple II while in college, showcasing his natural inclination for business and disruptive vision. He later became instrumental in the resurrection of Activision, a publicly traded gaming company on the brink of bankruptcy in 1990. Marks and his partner acquired a significant stake, strategically took Activision bankrupt in 1991, and rebuilt it from scratch. Their foresight challenged the prevailing cartridge-based gaming model, anticipating the shift to CD-ROMs and digital distribution, which later materialized with Sony's PlayStation and Microsoft's Xbox. This vision helped Activision become the gaming giant it is today. Marks left Activision before its massive growth to pursue an online learning venture, which he successfully sold to Kaplan.
His next significant challenge was acquiring Acclaim Games from bankruptcy for a mere $100,000. He saw its potential in the emerging online, free-to-play gaming market, a model he successfully implemented after studying the Korean market, growing Acclaim to 17 million players. However, a subsequent sale to Playdom (later acquired by Disney) resulted in a less-than-ideal exit for Marks. This experience profoundly highlighted the critical importance of a sound financial structure for growing companies, particularly the pitfalls of venture debt.
Marks’s frustration with traditional venture capital, which he observed often favored a narrow demographic (e.g., "22 white males from Stanford"), led him to seek a more equitable financing solution. He found it in the Jumpstart Our Business Startups (JOBS) Act of 2012, specifically the provisions for equity crowdfunding. He emphasizes the "unfairness" of the pre-JOBS Act era, where only "accredited investors" (the wealthiest 5% of the population) could invest in startups. He cites the Oculus Rift example, where early Kickstarter backers received no financial return despite the company's $2 billion sale to Facebook, underscoring the need for equity crowdfunding.
StartEngine was born from this vision, transitioning from an accelerator to an equity crowdfunding platform. Marks sees it as the "future of finance," democratizing access to capital for all entrepreneurs and allowing everyday citizens to invest in promising startups. He highlights two key regulations: Regulation Crowdfunding (Reg CF), which allows companies to raise up to $5 million (recently increased from $1 million), and Regulation A+ (Reg A+), allowing up to $75 million (up from $50 million), emphasizing their accessibility compared to traditional funding routes.
A significant challenge for equity crowdfunding has been the lack of liquidity for investors in private companies, which often take 5-7 years for an "exit" (IPO or acquisition). To address this, StartEngine developed an Alternative Trading System (ATS) or "secondary market." Approved in April 2020 after a 3.5-year process, this platform allows investors to trade shares of Reg CF and Reg A+ companies after a seasoning period. Marks describes it as replicating "Wall Street for small business," aiming to unlock the 90% of the economy currently held in private hands. This market operates peer-to-peer with instant clearing, no market makers, shorting, or derivatives, offering transparency through a visible order book – a stark contrast to the complexities and inefficiencies of traditional stock exchanges. Founders can also gain limited liquidity, allowing them to make long-term business decisions without personal financial pressure.
Marks also discusses StartEngine's partnership with Kevin O'Leary of Shark Tank, whom he brought on as a strategic advisor and spokesperson due to O'Leary's ability to communicate effectively and his belief in equity crowdfunding, even using it for his own companies.
For aspiring entrepreneurs, Marks advises pursuing dreams with "grit" – the intersection of passion and resilience. For investors, he positions equity crowdfunding as an "alternative asset" class, suggesting it belongs in a diversified portfolio alongside traditional investments. He envisions a future where equity crowdfunding powers a new economy, benefiting both entrepreneurs and investors by providing access to capital and liquidity.