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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...

SEC Litigation Releases: Week in Review - September 13th, 2013

SEC Charges Atlanta-Based Investment Adviser Representative with Securities Fraud
September 12, 2013, (Litigation Release No. 22797)
Earlier this week, the SEC chargedPaul Marshall, Bridge Securities, LLC, Bridge Equity, Inc. and FOGFuels, Inc. with misappropriation of client funds as well as violations of Securities Exchange Act of 1934, the Securities Act of 1933 and the Investment Advisers Act of 1940. The SEC alleges that over the past two years, Marshall has misappropriated "at least $2...

FINRA Study: Financial Scams Prevalent

Financial fraud is estimated to cost Americans between $40 and $50 billion annually . Last fall, the Financial Industry Regulatory Authority (FINRA) commissioned a study on the financial vulnerability of Americans to classic investor scams. The online study surveyed a sample of more than 2,000 Americans aged 40 and above, chosen to represent the approximate age, ethnicity, and census region distribution reflected by the 2010 census.1

According to the report,the survey found that approximately...

SEC Halts Florida-Based Prime Bank Investment Scheme

On Monday, the SEC charged a Miami-based group with perpetrating a prime bank investment fraud. The group, which includes Florida attorney Bernard H. Butts, Jr., purported financial services provider Fotios Geivelis, Jr. (a/k/a "Frank Anastasio"), several sales agents, and their allegedly fraudulent business entities (Express Commercial Capital LLC and Worldwide Funding III Limited LLC), are also subject to an emergency asset freeze. View the full complaint.

Prime bank programs promise high...

CFTC: Concept Release on Risk Controls and System Safeguards for Automated Trading

Yesterday, the Commodity Futures Trading Commission (CFTC) produced their concept release on "Risk Controls and System Safeguards for Automated Trading Environments" (PDF). The CFTC is hoping to evaluate the efficacy of currently implemented risk control mechanisms that may have been sufficient for "human judgment and speeds" but may no longer be sufficient in the present environment of automated and interconnected high-frequency trading.

After reviewing the present status of automated...

Illiquid ETFs and SEC Market Maker Incentives

There is now nearly $1.5 trillion invested in exchange-traded products (ETPs) in some 1,400 exchange-traded funds and exchange-traded notes. However, not all of that huge sum is distributed evenly. Some funds, like SPY, have huge assets under management, while many others struggle to top $10 million. Often, issuers will close lightly-traded ETPs (leading to substantial turnover each year), but if they don't, the market price of an ETP can often deviate from the net asset value of its...

SEC Litigation Releases: Week in Review - September 6th, 2013

SEC Charges Perpetrator of Fraudulent Free-Riding and Securities Offering Schemes
September 3, 2013, (Litigation Release No. 22791)
According to the complaint, Ronald Feldstein and his entities, Mara Capital Management LLC and Vita Health of America LLC, "engaged in illegal free-riding by purchasing stock" through broker-dealers to whom Feldstein portrayed himself as a money manager. The alleged "free-riding" scheme resulted in "over $2 million in losses" to the broker-dealers. Additionally,...

Five Broker-Dealers Ordered to Pay over $10 Million in Restitution for Non-Traded REIT Sales

Back in May, Massachusetts securities regulators ordered five independent broker-dealers to pay over $6 million in fines and restitution for improperly selling non-traded REITs. It also settled separately with another broker-dealer, LPL Financial, for an additional $2.5 million. Just yesterday, Secretary of the Commonwealth William Galvin announced an additional settlement with the same five broker-dealers for an additional $10.75 million in additional restitution for improper sales of...

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