Videos

Variable Prepaid Forwards

SLCG has been involved in several variable prepaid forward cases including the recent Maybank v BB&T which resulted in an $8.1 million jury award and the Burford v JP Morgan Chase Bank case which resulted in an $18 million award. Craig McCann testified on behalf of the Plaintiffs in both these cases. In this video, Craig McCann explains variable prepaid forwards.

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Fall of Willow

From May 8, 2000 until June 30, 2007, the UBS Willow Fund was invested in distressed obligations with offsetting but smaller cash and synthetic short debt positions through credit default swaps (CDS). After June 2007 the Fund dramatically increased its purchases of CDS and became massively short distressed debt. Investors in the Fund lost $278.4 million during this second period from June 2007 to December 2012 and the Willow Fund was liquidated in 2013.

The Willow Fund understated the risk of its CDS portfolio and did not disclose the dramatic increase in the Fund's risks. In fact, the Willow Fund stopped reporting the CDS premiums it paid as a line item expense and thereafter bundled them with realized and unrealized gains on losses on its overall securities and derivatives portfolio making it nearly impossible for investors to discern the impact of the Fund's change in strategy and dramatic increase in risk. Investors in the Willow Fund suffered losses of between $351 million and $419 million compared to diversified portfolios of junks bonds while UBS made over $100 million selling and managing the Fund.

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What is a TIC Worth?

Tenants-in-common interests are passive real estate investments which are sold based on two claimed benefits: stable "cash on cash" returns and deferral of capital gains tax through 1031 exchanges. The "cash on cash" returns are found in financial projections in TIC offering documents. Using a stylized TIC cash flow projection based on our review of these materials, we show that TICs use aggressive assumptions to inflate the apparent returns to investors.

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Structured Product Based Variable Annuities

Recently, a new type of variable annuity has been marketed to investors which is based on structured product-like investments instead of the mutual fund-like investments found in traditional variable annuities. Embedding a structured product into a variable annuity introduces substantial complexity into an investment typically considered conservative. In this paper, we describe structured product based variable annuity (spVA) crediting formulas and how they differ from traditional VAs, value the embedded derivative position for a range of example parameters, and calculate the fair cap levels required to fairly compensate investors for the derivative position.

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