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Crowdfunding and Real Estate Investing

The JOBS Act of 2012 was ostensibly designed to increase investment in small businesses. One of its provisions was to allow private placement investments (such as hedge funds, oil and gas partnerships, etc) to advertise publicly. Another provision is to allow for 'crowdfunding' of real estate and other investments, in effect allowing the sale of partial interests in speculative ventures to small retail investors. Kaitlin Ugolik at Law360 has a great review of the implications of this...

What is a CDO, Anyway?

We've talked a lot on this blog about collateralized debt obligations (CDOs), including a post just last week about how they might be regaining popularity. We thought it might be worthwhile to step back and explain just what a CDO is and why it is considered such a risky investment.

Part of the complexity just has to do with terminology. CDOs are a type of asset-backed security; so like a derivative, the value of a CDO is linked to the value of another asset. Typically, CDOs are linked to an...

Persistence Scorecard

Late last month, S&P Dow Jones Indices released their persistence scorecard which tracks the "consistency of top [mutual fund] performers over yearly consecutive periods" using the University of Chicago's CRSP database. This report aims to address the question "does past performance really matter?" by asking whether mutual funds can consistently deliver high returns over several consecutive years.

Their sample includes only actively managed domestic US equity mutual funds -- and only the...

Apple's Declining Stock Price and Structured Products

Jason Zweig at the Wall Street Journal has an excellent piece on a part of the Apple story that hasn't gotten much press: many equity-linked structured products are linked to the common stock of Apple.

SLCG has recently completed an analysis of the market value of outstanding structured products linked to Apple common stock (AAPL). In the following figure, we plot the total quarterly issuance of AAPL-linked structured products in our database since the first quarter of 2009.


A figure showing a line graph with bars demonstrating Apple's closing stock price from 2009 to 2012.


As Apple's common...

What a CDO 'Resurgence' Might Mean for Investors

Kaitlin Ugolik at Law360 had an article on Wednesday discussing the recent "bump in demand for collateralized debt obligations." CDOs are complex derivatives that pool assets together and split the risk of that portfolio into tranches which are then sold to investors. CDOs have been implicated in the financial crisis of 2008 and have seen a strong drop-off in new issuances since, though that tide may now be changing.
According to the article, some lenders are predicting a large increase in...

SEC Litigation Releases: Week in Review - January 25th, 2013

Randy M. Cho Sentenced to Prison Term of 12 Years in Criminal Action
January 24, 2013, (Litigation Release No. 22601)
Randy M. Cho was sentenced in a criminal action to 12 years in federal prison on charges of "perpetrating an investment scheme between 2001 and October 2009, which resulted in almost $8 million in losses from 57 investors." In addition to the prison sentence, Cho has been ordered to pay restitution of almost $8 million. In 2009, the SEC permanently enjoined Cho from violating...

Another Non-Traded REIT to be Absorbed into a Traded REIT

Spirit Realty Capital, a large traded real estate investment trust (REIT), announced on Tuesday that it has acquired Cole Credit Property Trust II (CCPT II), a non-traded REIT. This is the second major merger between a traded and non-traded REIT; we covered the first last month. Like the previous deal, it appears that the non-traded REIT is the larger entity, but the resulting company will be market traded and assume the traded REIT's brand and ticker (SRC).

A major question for non-traded...

European Traders May Face Financial Transaction Tax

Earlier this week, eleven European countries were given the green light to implement a financial transaction tax according to an article from the Associated Press (AP). The story was subsequently picked up by the Wall Street Journal (WSJ).

According to the AP, the European Commission proposed "that trades in bonds and shares be taxed at 0.1 percent and trades in derivatives at 0.01 percent." Since these taxes will be based upon notional values for derivatives, the tax could be a large...

FINRA Dispute Resolution Statistics 2012

Last week, we covered NERA's analysis of SEC settlements during FY2012. This week, we're taking a look at FINRA's recent release of their dispute resolution summary statistics. FINRA arbitration is a common way for investors to pursue restitution for damage caused by fraud, negligence, or other fiduciary breaches. FINRA provides a detailed summary of the arbitration process and claims can be filed either online or by mail.

Through December of this year, FINRA reports that the number of new...

NERA Releases Annual Report on SEC Settlement Trends

Last week, NERA released their annual report on trends in SEC settlements for the 2012 fiscal year. The report represents the annual update to NERA's analysis of their proprietary database of SEC litigation releases and administrative proceedings published since July 21, 2002. We've been covering these reports for about a year now and we were excited to see the results of this updated study.

According to the report, the number of settlements rose nearly 7% from FY11. While the number of...

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