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

(Sep 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

(Sep 2013)

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

(Sep 2013)

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

(Sep 2013)

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

(Sep 2013)

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

(Sep 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

(Sep 2013)

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...

Risk Retention in Collateralized Loan Obligations

(Sep 2013)

Last week we covered the SEC's proposed risk retention rules for securitized assets such as collateralized debt obligations (CDOs) and mortgage backed securities (MBS). One of the reasons why these types of structured deals are so complex is because they are divided into many different securities, called 'tranches,' with different levels of risk. We explained tranching in our post, What is a CDO, Anyway?

The new proposed rules require sponsors of securitizations to keep at least 5% of each...

Why Do Volatility ETPs Reverse Split?

(Sep 2013)

We still get a lot of questions about VXX, TVIX, and all of the other VIX-related exchange-traded products(ETPs). We've talked before about the persistent loss of value due to negative roll yield, as well as issues surrounding TVIX's suspension of share creations. We've also talked about some of the newer volatility products that attempt to mitigate some of the issues with the older generation of products. We've also analyzed whether VIX-based ETFs could serve as a hedge to equity...

SEC Litigation Releases: Week in Review - August 30th, 2013

(Aug 2013)

SEC Charges Oklahoma Investment Adviser and Cohort with Fraud
August 27, 2013, (Litigation Release No. 22789)
According to the complaint, former investment adviser Larry J. Dearman, Sr. "invested his clients in various businesses that" his close friend, Marya Gray, "owned in Bartlesville, Oklahoma." According to the SEC, Dearman and Gray misled investors "about the safety of the investments and how their funds would be used, telling them, for instance, that investor funds would be used to...

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