SEC Litigation Releases: Week in Review - December 27th, 2013
(Dec 2013)
SEC Charges Archer-Daniels-Midland Company with FCPA Violations
December 24, 2013, (Litigation Release No. 22900)
According to the complaint, Archer-Daniels-Midland Company failed to "prevent illicit payments made by foreign subsidiaries to Ukrainian government officials." The SEC found that "ADM's subsidiaries in Germany and Ukraine paid $21 million in bribes" and ADM made "approximately $33 million in illegal profits as a result of the bribery by its subsidiaries." ADM has agreed to be...
SEC Litigation Releases: Week in Review - December 6th, 2013
(Dec 2013)
SEC Obtains Final Judgment Against Massachusetts-Based Broker and Investment Adviser
December 5, 2013, (Litigation Release No. 22885)
Final judgments were entered against Arnett L. Waters and two entities he controlled, "broker-dealer A.L. Waters Capital, LLC and investment adviser Moneta Management, LLC," for their alleged involvement in the "fraudulent sales of fictitious investment-related partnerships." The final judgment enjoins the defendants from future violations of the securities laws...
SEC Litigation Releases: Week in Review - November 15th, 2013
(Nov 2013)
Court Orders Charles T. Lawrence to Comply with Commission Subpoena
November 13, 2013, (Litigation Release No. 22869)
This week, the Court ordered Charles T. Lawrence to "to comply with an investigative subpoena previously served on him and relating to his formerly registered investment adviser, Chasson Group." According to a previous litigation release, the SEC's application alleges that in April of this year, "the SEC issued a Formal Order Directing Private Investigation entitled In the...
Study Finds that the Average PE Investor Just Breaks Even
(Nov 2013)
Brendan Conway over at Barron's pointed out an interesting new study from the National Bureau of Economic Research entitled: Valuing Private Equity. Private Equity (PE) investments -- typically called limited partnerships (LPs) -- are long-term, illiquid securities representing (perhaps not surprisingly) an equity interest in a private company. Investors are typically referred to as limited partners. The study notes that while private equity returns tend to be high, "it remains controversial...
The Consequences and Implications of TIC Investments
(Nov 2013)
The research we have outlined all this week strongly suggests that TIC interests are exceptionally poor investments. We have focused our posts on what a thorough due diligence on the TICs should have revealed at the time of issuance. But you may be wondering, what happened to these TICs? What sort of returns did investors receive?
To our knowledge, there is no retrospective study of TIC returns. But in our experience, the vast majority of TIC properties suffered significant impairments during...
Conflicts of Interest in TIC Investments
(Oct 2013)
We have been discussing the value of TICs from a financial standpoint, but like most private placement investments, there are many other factors to consider than just the numbers. TICs have a wide array of problematic features that retail investors might not think to look for.
For example, most TICs require unanimous consent of all investors for major decisions regarding refinancing or selling the property. A TIC can be sold to up to 35 investors, making unanimous consent extremely difficult....
Welcome to Tenancies-in-Common (TIC) Week on the SLCG Blog
(Oct 2013)
Today, SLCG posted a new research paper, Large Sample Valuations of Tenancies in Common . In it, we value 194 TICs, totaling $2.2 billion in equity and representing approximately 17% of the TIC industry from 2004 to 2009. Our paper complements our earlier research on TICs ("What is a TIC Worth?" and "Private Placement Real Estate Valuation"), and is the most extensive empirical study of TICs to date. This week we will be summarizing the results of our research in a series of blog posts. But...
SEC Litigation Releases: Week in Review - October 25th, 2013
(Oct 2013)
Jury Finds Mark Cuban Not Liable for Insider Trading
October 23, 2013, (Litigation Release No. 22855)
Last week, "a nine-person federal jury found Mark Cuban not liable for insider trading" in Mamma.com securities.
SEC Obtains Final Judgment Against New Jersey-Based Consultants to Chinese Reverse Merger Companies
October 23, 2013, (Litigation Release No. 22854)
A final judgment was entered against Huakang Zhou (a/k/a David Zhou) and Warner Technology and Investment Corporation for their alleged...
The JOBS Act and Private Placement Advertising
(Oct 2013)
As per rules adopted in line with the 2012 Jumpstart Our Business Startups Act (JOBS Act), hedge funds and other private placements can now advertise to the general public. We have been covering this issue extensively here on the blog. While many sources suggested that this would unleash an immediate flood of new marketing, several sources have noted that there has in fact been remarkably few hedge fund advertisements so far.
Why? There could be several reasons. The first is that while the...
