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Displaying 61-70 out of 105 results for "Weekly Regulatory Review".

IRS Could Put a Halt to REIT Conversions

We've talked a lot about real estate investment trusts (REITs) before. In the US, REITs are companies that invest at least 75% of their assets in real estate, pay out almost all of their annual income in dividends, but also pay little or no corporate income tax. As we've discussed before, many companies have tried to qualify for the REIT designation to reduce their tax liabilities, even if their business is only peripherally related to real estate.1 This 'REIT conversion boom' has been...

FINRA Issues Investor Alert on Alternative Funds

The Financial Industry Regulatory Authority (FINRA) recently released an investor alert entitled "Alternative Funds Are Not Your Typical Mutual Funds". FINRA defines Alternative (Alt) Funds as mutual funds that "seek to accomplish the fund's objectives through non-traditional investments and trading strategies."

These funds have garnered significant assets in recent years -- over $175 billion as of May 2013 -- as investors stretch beyond traditional stock and bond allocations for additional...

SEC Litigation Releases: Week in Review - June 14th, 2013

Former Yahoo Executive Settles SEC Insider Trading Case
June 12, 2013, (Litigation Release No. 22726)
A final judgment was entered against Robert W. Kwok, a former Senior Director of Business Management at Yahoo! Inc., for allegedly trading on nonpublic information "concerning Yahoo and Moldflow Corporation." According to the SEC, in April 2008 Kwok learned of an upcoming acquisition of Moldflow by Autodesk, Inc. from Reema Shah, "a former mutual fund and hedge fund portfolio manager at...

SEC Warns Investors About Binary Options

The SEC has issued an Investor Alert on binary options, which are derivatives that pay out a fixed amount if an event happens and zero if it does not. We've covered binary options before, so do check out that post for a detailed background and an Excel spreadsheet that explains how binary options work in some detail.

The Alert highlights several risks of binary options, mostly relating to how they are traded. It notes:

Much of the binary options market operates through Internet-based trading...

SEC Litigation Releases: Week in Review - June 7th, 2013

Final Judgments Entered Against Former Nicor Senior Officers Kathleen Halloran and George Behrens
June 5, 2013, (Litigation Release No. 22715)
Final judgments were entered against Kathleen Halloran and George Behrens, former CFO and former Treasurer of Nicor, Inc. respectively, for allegedly overstating "Nicor's financial performance...by, among other things, making or authorizing false and misleading statements about Nicor's performance in multiple filings with the Commission." The SEC...

FINRA Fines Wells Fargo and Banc of America Over Unsuitable Sales of Floating-Rate Bank Loan Funds

Yesterday, the Financial Industry Regulatory Authority (FINRA) announced fines totalling more than $2.1 million levied against Wells Fargo and Banc of America. In addition, FINRA has ordered the two institutions to pay restitution in excess $3 million to customers who suffered "losses incurred from unsuitable sales of floating-rate bank loan funds."

A floating-rate bank loan fund is a mutual fund that mainly invests in floating-rate high-yield senior secured loans. The floating-rate on the...

SEC Litigation Releases: Week in Review - May 31st, 2013

District Court Enters Judgment Against Medical Software Company and Its CEO and CFO
May 30, 2013, (Litigation Release No. 22709)
Default judgments were entered against MedLink International, Inc., its CEO, Aurelio Vuono, and its CFO, James Rose, for allegedly "filing an annual report falsely stating that its audit had been completed and...defrauding a MedLink investor." The judgment orders permanent injunctions from violating sections of the Securities Act and Exchange Act and orders the...

SEC Litigation Releases: Week in Review - May 24th, 2013

SEC Charges Atlanta-Area Registered Representative and Registered Investment Adviser Representative with Securities Fraud
May 23, 2013, (Litigation Release No. 22706)
According to the complaint, since at least 2008 Blake Richards, "a registered representative of a broker dealer, misappropriated at least $2 million from at least seven investors." Allegedly, the "majority of the misappropriated funds constituted retirement savings and/or life insurance proceeds from deceased spouses." An order...

SEC Charges South Miami with Defrauding Investors

Yesterday the Securities and Exchange Commission (SEC) charged the City of South Miami with defrauding investors over the tax-exempt status of some municipal offerings.

In 2002, the City of South Florida obtained access to tax-exempt financing through a pooled conduit municipal bond issued by the Florida Municipal Loan Council (FMLC) to fund the construction of a mixed-use retail and parking structure in the city's commercial district.* The 2002 FMLC bond offering can be found online. The...

Fitch Rolls Out New Ratings Indenture Abstract

It is looking more and more like collateralized debt obligations (CDOs) and other asset-backed securities -- the 'toxic' assets highlighted as some of the worst excesses of the financial crisis -- are back. And while the agencies that rate asset-backed securities are still at the center of the debate over the validity of these investments, at least one of them is trying to improve its explanation of their labyrinthine terms and conditions.

Fitch has recently published the first example of...

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