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SLCG Research: Priority Senior Secured Income Fund

In our experience, retail investors are being sold increasingly obscure and non-conventional investments. An investment that raised our eyebrows recently is the Priority Senior Secured Income (PSSI) Fund. The PSSI Fund is the first regulated investment company that invests primarily in leveraged loans and collateralized loan obligation (CLO) tranches lower in their capital structures.

Unlike the mutual funds with which most retail investors are familiar, PSSI Fund investors are not able to...

SEC Litigation Releases: Week in Review - September 27th, 2013

SEC Charges CEO of Video Game Company and Purported Consultant in Revenue Inflation Scheme
September 25, 2013, (Litigation Release No. 22813)
According to the complaint , in 2009 Troy Lyndon, CEO and CFO of Left Behind Games Inc, and his friend, Ronald Zaucha, schemed to "falsely inflate the company's revenue by nearly 1,300 percent in a one-year period through sham circular transactions." Left Behind Games "was founded in 2001 and touted itself as 'the only publicly-traded exclusive publisher...

SEC Proposes Rule for "Pay Ratio" Disclosure

Last week, the Securities and Exchange Commission (SEC)released a rule proposalthat would require "public companies to disclose the ratio of the compensation of its chief executive officer (CEO) to the median compensation of its employees." The proposed rule gives companies flexibility with respect to the methodology used to calculate the pay ratio. This flexibility allows for a variety of approaches that are appropriate for each company's size and structure.

Although the SEC does not specify...

SEC Approves Municipal Adviser Registration Requirement

Late last week, the Securities and Exchange Commission (SEC) voted to adopt rules requiring municipal advisors to register with the commission if the advisor "provides advice on the issuance of municipal securities or about certain 'investment strategies' or municipal derivatives." This permanent registration requirement was required by Dodd-Frank (Section 975) and replaces the temporary registration requirement previously implemented by the SEC.

The registration requirement is meant to...

SEC Litigation Releases: Week in Review - September 20th, 2013

Court Enters Final Judgment by Consent Against SEC Defendant Roland Kaufmann
September 19, 2013, (Litigation Release No. 22802)
Yesterday the US District Court for the Eastern District of New York entered a final judgment against Roland Kaufman. The judgment bars Kaufman from participating in penny stock offerings and from serving as a director or officer of a public company. The judgment stems from a July 2012 SEC complaint that allegedAxius, Inc., Jean-Pierre Neuhaus, and Roland Kaufmann...

What is Black-Scholes, Anyway?

In the past, we have reviewed the basics of options as well as included some discussion of more exotic options, such as binary options and barrier options, but we haven't talked in detail about option pricing. There are a lot of great models for valuing options, but they can be a bit intimidating for the uninitiated, even though the underlying ideas are simple.

Any option's value is dependent upon the probability and timing of payouts. For example, how much would you be willing to pay for an...

FINRA Investor Alert: Private Placements

Many of the riskiest financial products we have seen are sold as private placements. Generally speaking, private placements are investments sold directly to accredited investors, and are not registered with the SEC. Private placements include hedge funds, oil and gas partnerships, private real estate investment trusts, and other speculative investments.

Yesterday, FINRA released an Investor Alert on private placements. In it, they warn investors that sales abuses and even fraud have been...

SEC Cracks Down on Firms for Short Selling Violations

Yesterday, the Securities and Exchange Commission (SEC) announced "enforcement actions against 23 firms for short selling violations" stemming from their investigation of improper participation in initial public offerings (IPOs). Firms are prohibited from selling short stocks in the five business days immediately preceding an IPO. The restriction is meant to prevent firms from artificially lowering the price just prior to the IPO.

The SEC alleges that the 23 firms "bought offered shares from...

FDIC Goes After Directors of Failed Banks

In recent months, the Federal Deposit Insurance Corporation (FDIC) has been filing a significant number of lawsuits against bank executives to recoup losses stemming from the onslaught of bank failures following the financial crisis. The annual number of bank failures reached a peak at 157 in 2010 and has declined steadily since.


A figure showing an area graph demonstrating bank failures from 2000 to 2013.


These bank failures were a significant test of the FDIC system. The fund backing the FDIC guarantee has been depleted by nearly $90 billion over the past five years...

SLCG Research: Structured Product Based Variable Annuities

In 2010, AXA Equitable began issuing a new kind of variable annuity that, in addition to traditional mutual fund-like subaccounts, also included an option for a structured product-like crediting formula linked to an underlying index such as the S&P 500. Our firm had done a lot of work on both structured products and variable annuities, so in late 2011 we started analyzing the structured product embedded in AXA's product, eventually writing a short research paper on the subject which we...

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