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Falcone the First To Admit Guilt Under New SEC Settlement Policy

On Monday, Philip Falcone and Harbinger Capital Partners, LLC, the hedge fund he founded in 2001, agreed to a settlement with the Securities and Exchange Commission (SEC) that in addition to an $18 million penalty included an admission of wrongdoing.1 This is the first high-profile settlement with an admission of guilt since SEC Chairman Mary Jo White said the commission would seek more admissions of guilt rather than continue its longstanding policy of allowing defendants to 'neither admit...

Banks Water Down Loan Terms in Quest for Growth

The Global Association of Risk Professionals (GARP) is reporting that banks are watering down terms of new loans under competitive pressure. For example, some banks are increasing the length of amortization from the usual 15 years to the 25 years, others are decreasing required debt-service coverage from 1.25 to as low as 1 times cash flow while still others are waiving cancellation/prepayment fees.

The relaxation of loan standards is not unique to the commercial loan industry. Recently,...

SEC Litigation Releases: Week in Review - August 16th, 2013

SEC Obtains Final Judgment Against Conrad M. Black
August 15, 2013, (Litigation Release No. 22781)
According to the complaint, Conrad M. Black, former Chief Executive Officer of Hollinger International, Inc., "fraudulently diverted money from Hollinger International to himself and other corporate insiders in the form of purported non-competition payments in the PMG Acquisition and Forum Communications Company newspaper sale transactions." Additionally, Black allegedly "made misstatements and...

Do Leveraged ETFs Increase Stock Market Volatility?

Leveraged exchange-traded funds (LETFs) are controversial investments. Because they can be leveraged as much as 3x, and can be linked to highly volatile underlying assets, their daily price movement is typically very dramatic. Also, LETFs tend to lose value over time if their underlying assets are relatively volatile due to rebalancing effects, something we've covered in our blog post "Leveraged ETFs", as well as in our research papers, "Leveraged ETFs, Holding Periods and Investment...

Structured CD with an Exotic Embedded Option

In the past few months, we have constructed a database of thousands of structured certificates of deposit (CDs). We have analyzed and evaluated hundreds of these CDs and have compiled these results into a recently completed study . Our results indicate that structured CDs are usually issued at significant discounts to face-value (comparable to structured products), offer little if any market exposure and are often less valuable than contemporaneously issued fixed rate CDs.

We've recently come...

Another News Service for High Frequency Traders Draws Scrutiny

The Wall Street Journal is reporting that Need To Know News has come under investigation from the Securities and Exchange Commission for selling early access to government data to high frequency trading (HFT) firms. This comes as other firmswho sell machine-readable market data to HFT, including Thomson Reuters, have also made news for potentially distorting markets.

The WSJ story offers an example of how Need To Know News assisted HFT firms:

A news event on Sept. 2, 2011, shows the critical...

The Effect of Oil Futures Markets on ETF Investors

Barron's reporter Brendan Conway is reporting on a relatively rare phenomenon occurring in oil markets that is benefiting some passive investors. Futures contracts for oil are generally more expensive as the time to expiration increases -- i.e. a contract expiring later is usually more expensive.The story goes that there are costs associated with storing oil and as a result the futures prices reflect the impact of these storage costs.

The current situation in the oil markets is the reverse:...

SEC Litigation Releases: Week in Review - August 9th, 2013

SEC Obtains Asset Freeze and Other Relief in $4 Million Offering Fraud
August 8, 2013, (Litigation Release No. 22774)
According to the complaint, Steven B. Heinz and his company S.B. Heinz & Associates, Inc. orchestrated an offering fraud and $4 million Ponzi scheme since January of 2012. According to the complaint, "Heinz [paid] 'returns' to earlier investors using new investor funds, used investor funds for his own personal purposes and...S.B. Heinz used investor funds to pay business...

MSRB Proposes Rule on Muni Bond Markups

Our colleagues' recent paper on municipal bond markups, which showed that retail investors were charged nearly $11 billion in markups from 2005-2013, has generated a lot of attention. In June we spent an entire week covering the background, methodology, findings, and implications of that paper, which we think has important implications for the municipal bond investors.

On Tuesday, the Municipal Securities Rulemaking Board (MSRB) proposed a new "fair-pricing" rulethat could help address the...

Goldman Sachs Sued Over Aluminum Storage

We mentioned a couple of weeks ago that Goldman Sachs has been in the business of aluminum metal storage for quite a while. A NY Times investigation found that, through a subsidiary, Goldman Sachs has been artificially inflating the prices of aluminum by magnifying storage costs.

Bloomberg News, the NY Times, and Law360 arereporting that Superior Extrusion Inc., a Michigan-based aluminum processor, has filed a class action lawsuit that alleges Goldman Sachs and theLondon Metal Exchange (LME)...

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