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SEC Litigation Releases: Week in Review - November 2nd, 2012

Commission Files Subpoena Enforcement Action Against Adam Bielski
November 1, 2012, (Litigation Release No. 22525)
On October 24, 2012, the SEC filed an application for "an order to enforce an investigative subpoena served on Adam Bielski." In August the SEC "issued a formal order of private investigation authorizing its staff to investigate...potential compliance and security deficiencies at a Massachusetts-based investment adviser...registered with the Commission." Specifically, the staff...

Leveraged Exposure to the Mortgage REIT Sector

Michael Aneiro over at Barron's pointed out an interesting recent SEC 424(b)2 filing from ETRACS for their Monthly Pay 2x Leveraged Mortgage REIT ETN (MORL). According to the prospectus, the ETNs will "provide a monthly compounded two times leveraged long exposure to the performance of the [Market Vectors Global Mortgage REITs Index], reduced by the Accrued Fees." This ETN is essentially a leveraged version of Market Vectors Mortgage REIT ETF (MORT) which tracks the same underlying index.

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The Effects of ETF Turnover

Lately there has been a lot of turnover in exchange-traded funds (ETFs), as we noted back in August. InvestmentNews has a great summary of what has happened this year, with 86 funds having closed so far in 2012. They note the important consequences of an ETF closing for investors and advisers:

Even though they are more routine, ETF closings still can create ripple effects that reach financial advisers and their clients. "For an adviser, the worst thing that can happen is, you recommend an ETF...

SEC Litigation Releases: Week in Review - October 26th, 2012

Former Silicon Valley Executive to Pay $1.75 Million to Settle Insider Trading Charges
October 26, 2012, (Litigation Release No. 22523)
The SEC charged Kris Chellam, former senior executive of Xilinx Inc., with illegally tipping "hedge fund manager Raj Rajaratnam with nonpublic information that allowed the Galleon hedge funds to make nearly $1 million in illicit profits." Chellam allegedly tipped Rajaratnam on December 5, 2006 that Xilinx Inc. "would fall short of revenue projections it had...

SEC Under Pressure Regarding JOBS Act Provisions

According to InvestmentNews, the SEC is being asked to abandon their new rules allowing hedge funds and other private placements to actively advertise to investors. We've discussed these issues before, as we think this could mark a significant change in how the public views this highly opaque and unregulated market. From the article:

Critics assert that the SEC proposed rule on private-fund advertising was too vague and would hurt investors by allowing them to be lured in by slick sales...

Do ETF Flows Move the Market?

As exchange-traded fund (ETF) flows have grown over the past few years, the question of whether those fund flows influence the prices of ETF holdings has become a perennial issue. Matt Jarzemsky and Chris Dieterich of the Wall Street Journal recently posted what is perhaps the highest profile discussion of this issue to date, in which they provide interesting evidence that the ETF 'tail' might be wagging the market 'dog.'

They note that in early October, mid-cap indexes saw...

FINRA Fines and Suspends David Lerner for Apple REIT Ten Misrepresentations

Today, FINRA fined David Lerner Associates $14 million, including $12 million in restitution to investors, for charging excessive markups and misleading investors in a non-traded real estate investment trust (REIT) known as Apple REIT Ten. They also suspended David Lerner himself for one year from the securities industry and for two more years from acting as principal for a securities firm. From the news release:

As the sole distributor of the Apple REITs, DLA solicited thousands of...

SEC Litigation Releases: Week in Review - October 19th, 2012

SEC Charges Three Individuals for Their Roles in a $5.77 Million Investment Scheme
October 18, 2012, (Litigation Release No. 22514)
According to the complaint (opens to PDF), from February 2010 to February 2011 Geoffrey H. Lunn, Darlene A. Bishop, and Vincent G. Curry raised $5.77 million in an "investment scheme [through] Dresdner Financial, a fictitious financial services company." Lunn allegedly attracted investors by posing as the vice-president of Dresdner and telling investors that...

Vanguard Abandons MSCI and MSCI's Share Price Crashes

A few weeks ago, the Wall Street Journal reported that Vanguard is replacing the benchmarks on nearly two dozen of its index funds currently provided by MSCI and replacing them with benchmarks provided by either FTSE or the Center For Research In Security Prices (CRSP) at the University of Chicago. See the press release dated October 2, 2012.

This is clearly great news for FTSE since this index change by Vanguard makes them the "third-largest equity exchange traded product index benchmark...

Mutual Funds Holding Leveraged and Inverse Leveraged ETFs

While looking through recent SEC filings, an updated prospectus happened to catch our eye. The prospectus offers updated information concerning the investment strategy and details of two mutual funds: USFS Funds Limited Duration Government Fund (USLDX) and USFS Funds Tactical Asset Allocation Fund (USFSX).

The fund management company -- Pennant Management, Inc. -- states in this prospectus that "[USFSX] may invest up to 33% of its assets in leveraged ETFs and inverse ETFs, up to 10% of its...

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