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Our experts frequently write blog posts about the findings of the research we are conducting.

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2013 SEC Enforcement Summary

(Dec 2013)

A couple months ago, we provided an analysis of SEC activity as represented by litigation releases. In that post, we commented on the breakdown of SEC litigation releases over time, aggregated by month and weekday. Recently, the SEC has released their enforcement statistics updated for the 2013 fiscal year.

All told, the SEC obtained monetary sanctions of more than $3.4 billion (including disgorgement and penalties) over the 2013 fiscal year. This number represents a nearly 11% increase year...

FINRA Fines Oppenheimer over Huge Municipal Bond Markups

(Dec 2013)

FINRA announced yesterday that it has fined Oppenheimer & Co., Inc. nearly $700,000 for "charging unfair prices in municipal securities transactions and for failing to have an adequate supervisory system." FINRA found that over a 12 month period beginning in July 2008, Oppenheimer's head municipal securities trader, David Sirianni, priced bonds up to nearly 16% above the Oppenheimer's contemporaneous cost.

Oppenheimer put into place a system that would produce exception reports whenever an...

A Look Into the TIC Industry

(Oct 2013)

So far, we've discussed some of the concerns we have with TIC investments and shown how to use discounted cash flow analysis to value a TIC interest with our handy spreadsheet. But you might be asking, just how prevalent are these concerns across all TICs?

To answer that, we examined 194 sets of offering documents for TICs sold from 2004-2009. This totaled $2.2 billion in equity, which amounts to approximately 19% of all equity issued by TICs in that period, and included properties from 32...

Brokerage Firm Fined for Misrepresentations Made to Former Broker

(Oct 2013)

When brokers sell unsuitable investments to their clients, it is often the case that those clients will sue the broker and the brokerage firm, a process known as 'broker-customer disputes.' What is less common is for brokers to sue the brokerage firm -- their own employer -- for encouraging them to sell risky investments that caused losses for their clients.

In a recent, closely-watched FINRA arbitration, Michael Farah of Newport Beach, California won approximately $4.3 million from his...

SEC Issues Proposal on Crowdfunding

(Oct 2013)

Yesterday, the Securities and Exchange Commission (SEC) issued proposed rules on crowdfunding to regulate the offer and sale of crowdfunding securities. The press release for the proposed rules can be found on the SEC website. These proposed regulations are meant to fulfill the SEC's requirements under Title III of the JOBS Act . We have previously discussed the JOBS Act crowdfunding provisions in the context of real estate investments, but the proposed rules cover all types of crowdfunded...

SEC Litigation Releases: Week in Review (Part II) - October 4th, 2013

(Oct 2013)

SEC Obtains Asset Freeze and Other Emergency Relief in Ponzi Scheme Targeting Investors in Japan
October 3, 2013, (Litigation Release No. 22832)
The SEC was granted a temporary restraining order, asset freeze and other emergency relief againstEdwin Yoshihiro Fujinaga and his company MRI International, Inc.. Fujinaga allegedly raised more than $800 million from investors through MRI, an allegedly "fraudulent Ponzi scheme designed to misappropriate money from investors. "The defendants...

SEC Awards More Than $14 Million to Whistleblower

(Oct 2013)

Earlier this week, the Securities and Exchange Commission (SEC) announced that an anonymous whistleblower has been awarded over $14 million for the information provided to the SEC that resulted in an expedited enforcement action. This is the third, and by far the largest, award granted by the SEC's Office of the Whistleblower since it was established by the Dodd-Frank Act in 2011.¹
Although the announcement does not specifically mention which enforcement action lead to the award, we can...

SEC Proposes Rule for "Pay Ratio" Disclosure

(Sep 2013)

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...

SLCG Research: Structured Product Based Variable Annuities

(Sep 2013)

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...

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...

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