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FINRA Enforcement Actions: Month in Review

APRIL 2014 SELECTED FINRA ENFORCEMENT ACTIONS

FIRMS FINED

The Huntington Investment Company (CRD #16986, Columbus, Ohio)

The Huntington Investment Company consented to a $25,000 fine and censure. The firm consented to an entry of "findings that it failed to provide notice to the MSRB via the Electronic Municipal Market Access System (EMMA) that no preliminary official statements or official statements were to be prepared for bond anticipation note offerings in which the firm participated."...

Enforcement Actions: Week in Review - May 16th, 2014

SEC ENFORCEMENT ACTIONS

SEC Charges Unregistered Securities Salesman for Selling Millions of Dollars in Oil-And-Gas Investments
May 15, 2014, (Litigation Release No. 22993)
According to the complaint, Behrooz Sarafraz "acted as the primary salesman on behalf of TVC Opus I Drilling Program LP and Tri-Valley Corporation" and received over $16 million in sales commissions while failing to be registered with the SEC as a broker-dealer. Sarafraz has agreed to a final judgment that enjoins...

Enforcement Actions: Week in Review - May 9th, 2014

SEC ENFORCEMENT ACTIONS

SEC Charges Three Friends and Business Associates of Former Chairman of Home Diagnostics, Inc., in Insider Trading Scheme
May 7, 2014, (Litigation Release No. 22987)
John Campani, John Mullin, and Alan Posner have all been charged with trading on insider information concerning Nipro Corporation's acquisition of Home Diagnostics, Inc for combined profits of "more than $105,000." The defendants were allegedly tipped this information by former Chairman of the Board at...

How is NYRT Doing?

We've posted extensively about the evils of non-traded REITs. You can find those previous posts on our blog. Two weeks ago we posted the summary results of our investigation into the performance of 27 non-traded REITs which had had a liquidity event by December 31, 2013. We found that investors are $27.7 billion worse as a result of investing in these 27 REITs rather than investing in a diversified portfolio of traded REITs. To learn more, read our blog post titled "Retail Investors Have...

Enforcement Actions: Week in Review - May 2nd, 2014

SEC ENFORCEMENT ACTIONS

SEC Charges Barry R. Bekkedam with Defrauding Investment Advisory Clients in Connection with Multimillion Dollar Rothstein Ponzi Scheme
April 30, 2014, (Litigation Release No. 22983)
According to the complaint, Barry R. Bekkedam, former SEC-registered investment advisor and former owner, Chairman, and Chief Executive Officer of Ballamor Capital Management, LLC, "fraudulently induced, or assisted in inducing, his advisory clients and others to invest approximately...

Enforcement Actions: Week in Review - April 25th, 2014

SEC ENFORCEMENT ACTIONS

SEC Files Action Against Former Stock Promoter Now in Prison for Lying to SEC Investigators
April 23, 2014, (Litigation Release No. 22977)
According to the complaint, Robert J. Vitale and Realty Acquisitions & Trust, Inc. "fraudulently raised at least $8.7 million from investors through four real estate securities offerings" by making "materially false and misleading statements and omissions concerning, among other things, the credentials and experience of Vitale...

This is How We Determined Investors Lost $27.7 Billion Investing in Non-Traded REITs

Earlier this week we posted the summary results of our investigation into the performance of 27 non-traded REITs which had had a liquidity event by December 31, 2013. We found that investors are $27.7 billion worse as a result of investing in these 27 REITs rather than investing in a diversified portfolio of traded REITs. The post titled "Retail Investors Have Lost at Least $27.7 billion as a Result of Non-Traded REITs" is available on our blog.

Figuring out this $27.7 billion shortfall...

Retail Investors Have Lost at Least $27.7 billion as a Result of Non-Traded REITs

As part of our effort to help investors avoid non-traded REITs, we have written over 25 blog posts on this defective investment type. We have noted in our research that because of high costs, illiquidity, lack of transparency and conflicts of interest, non-traded REITs should underperform liquid, low-cost traded REITs. A number of our blog posts including our post on the early trading in NYRT last week, titled "NYRT's Listing is More Evidence That Even the Non-Traded REITs Winners Are...

Enforcement Actions: Week in Review - April 18th, 2014

SEC ENFORCEMENT ACTIONS

Federal Prosecutors Charge Massachusetts Resident with Criminal Contempt Based On Violations of Court Orders Obtained by the SEC

April 16, 2014, (Litigation Release No. 22973)
Last week, Steven Palladino was charged with 25 counts of criminal contempt "based on his repeated violations of Court orders obtained by the Commission in its civil action against Palladino and his...company, Viking Financial Group, Inc." The SEC's 2011 complaint alleged that the defendants...

NYRT's Listing is More Evidence That Even the Non-Traded REITs Winners Are Losers

The non-traded REIT, American Realty Capital New York Recovery REIT, Inc., renamed New York REIT, became a listed REIT this week. It opened at $10.70 and closed at $10.75 on April 15, 2014. Yesterday, April 16, 2014, it closed at $10.55 and today it closed at $10.62. We've posted extensively about the evils of non-traded REITs. You can find our previous blog posts on Non-Traded REITs to learn more.

The April 16, 2014 Wall Street Journal's "New York REIT Starts Fast" quotes Nicholas Schorsch...

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