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Displaying 10 out of 156 results for "JOBS Act".

SEC Litigation Releases: Week in Review - December 28th, 2012

(Dec 2012)

SEC Charges Two Brokers with Insider Trading
December 26, 2012, (Litigation Release No. 22581)
This week the SEC filed an amended complaint (opens to PDF) charging research analyst Trent Martin with tipping brokers Thomas C. Conradt and David J. Weishaus with nonpublic information about IBM Corporation's acquisition of SPSS Inc. Martin learned of the impending IBM-SPSS transaction "from an attorney friend who was working on the deal." Martin, Conradt, and Weishaus allegedly traded on the...

Copper ETP Market Review

(Dec 2012)

Last week we described how a physical copper ETF might lead to a copper shortage and disruption of world commodities markets. This week we wanted to review the copper ETP market in a bit more detail to get an idea of what is currently being offered.

There are seven US ETPs available with exposure primarily to the copper market. These include:

Auction Rate Securities Responsible for $9.6 Billion Loss to Taxpayers

(Dec 2012)

In a complaint filed in Nevada against Goldman Sachs last year, the city of Reno states that it issued $73.45 million of Auction Rate Securities (ARS) in 2005 and $137.43 million ARS in 2006 on the advice of Goldman. Like many other municipalities, Reno subsequently saw the market crash in 2008 and yields skyrocket, leading to a $9.6 billion loss for issuers.

The ARS structure was promoted by Goldman as liquid, cash-equivalent investments that would allow Reno to borrow money for long term...

Traded and Non-Traded REIT to Merge

(Dec 2012)

Earlier this week, American Realty Capital Properties (ARCP), a traded REIT under the American Realty Capital (ARC) family of real estate investments, announced that it will be merging with American Realty Capital Trust III (ARCTIII), a non-traded REIT in the same family. Investors in ARCTIII will be entitled to either $12.00 in cash or $12.26 per share in ARCP stock, a significant premium over the $10 per share purchase price.

This merger is remarkable for a number of reasons. While the...

SEC Litigation Releases: Week in Review - December 21th, 2012

(Dec 2012)

SEC Files Settled FCPA Charges Against Eli Lilly and Company
December 20, 2012, (Litigation Release No. 22576)
According to the complaint (opens to PDF),Eli Lilly and Company's subsidiaries in Russia, Brazil, China, and Poland made improper payments to foreign government officials in exchange for business. Lilly's Russian subsidiary allegedly paid "millions of dollars to third parties chosen by government customers or distributors" through offshore "marketing agreements "despite knowing little...

Why a Physical Copper ETF Might be a Really Big Deal

(Dec 2012)

JP Morgan recently obtained approval by the SEC to launch a new copper ETF that, instead of holding derivatives linked to copper, will actually accumulate physical copper itself. While this may not seem like a thrilling market development, there are serious concerns that if this ETF becomes popular and garners significant assets, the world market for copper might be upended. Here's why:

Think of demand for copper as having two components: demand for industrial or productive uses and demand as...

Derivatives in Active ETFs

(Dec 2012)

Over two and a half years ago, the SEC initiated a moratorium on approvals for new ETFs that made extensive use of derivatives such as options and futures contracts. Much of the concern at that time was that derivatives-based ETFs, particularly leveraged, inverse, and futures-based ETFs may not have investor protections or oversight commensurate with their level of risk. Regular readers of this blog know that we have spent a good deal of time discussing those issues in addition to our ...

FINRA and BBB Launch Smart Investing Website to Educate Consumers on Financial Fraud

(Dec 2012)

The FINRA Investor Education Foundation in conjunction with the Better Business Bureau (BBB) announced the launch of their new website, BBB Smart Investing, last Friday. Smart Investing provides investors with "tools and information to help [them] better protect and manage" their money.

One useful feature that we've noted on the blog before is the FINRA BrokerCheck, a free search engine for disclosures, regulatory action and fines against brokers and brokerage firms. The search generates a...

CFTC Amendment to Rule 4.5 Survives Challenge

(Dec 2012)

Last Thursday, a Federal judge ruled on a challenge to the CFTC's February 2012 amendment to Rule 4.5 that will require mutual funds and ETFs that have sufficient non-hedging participation in derivative markets to register with the CFTC as commodity pool operators (CPOs). The CFTC defines a CPO as a "person engaged in a business similar to an investment trust or a syndicate and who solicits or accepts funds, securities, or property for the purpose of trading commodity futures contracts or...

SEC Litigation Releases: Week in Review - December 14th, 2012

(Dec 2012)

SEC Charges Massachusetts Company, CEO and Promoters With $9 Million Securities Fraud
December 14, 2012, (Litigation Release No. 22572)
According to the complaint (opens to PDF), BioChemics, Inc., its CEO, John Masiz, and two individuals paid to solicit investors, Craig Medoff and Gregory Kroning, "made false statements to investors about collaborations with major pharmaceutical companies and the status and results of drug trials of [BioChemic's] main product." Additionally, the SEC claims...

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