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Another Example of Non-Traded REITs' Wealth Destruction: Columbia Property Trust (Wells REIT II) Cost Investors $4.4 Billion

(Jan 2014)

Non-traded REITs are illiquid investments, not listed on public exchanges and with little to no secondary market trading. Their offering documents typically claim that after some period of time, perhaps 5-10 years, the REIT intends to list on an exchange, merge with another company, or in some other way allow investors to sell their shares but for many non-traded REITs, this "liquidity event" never occurs.

However, even if a non-traded REIT lists on a major exchange, that does not mean that...

SEC Litigation Releases: Week in Review - January 24th, 2014

(Jan 2014)

Final Judgments Entered Against Former Hedge Fund Manager and His Company
January 23, 2014, (Litigation Release No. 22908)
Final judgments were entered against Berton M. Hochfeld and his "wholly-owned entity, Hochfeld Capital Management, L.L.C.," for allegedly "misappropriating assets and making material misstatements to investors in the Heppelwhite Fund L.P., a now defunct hedge fund." Previously, the court had ordered injunctions and an asset freeze, and granted "the Commission's motion to...

The Use of Leverage in the UBS Puerto Rico Closed-End Funds Magnified Losses

(Jan 2014)

The massive declines that hit investors in the UBS Puerto Rico closed-end bond funds in 2013 were especially quick and brutal for fixed income securities which are usually safer investments. In previous posts we have discussed some of the reasons for the precipitous fall in the values of the bond funds and some of the nuances of bond transactions that may have given rise to conflicts of interest between the fund managers and investors. In this post, we will discuss another culprit in the...

SEC Litigation Releases: Week in Review - January 17th, 2014

(Jan 2014)

SEC Charges Former Senior Executives of Public Company Subsidiary with Falsifying Financial Records and Circumventing Internal Controls
January 15, 2014, (Litigation Release No. 22906)
This week, the SEC announced charges against Christopher Hohol and Brian Poshak, "formerly the senior vice president for operations and the controller, respectively, of Veolia Special Services, a fourth-tier United States subsidiary of Veolia Environnement S.A." According to the SEC, the defendants falsified...

SEC Examiniation Priorities 2014

(Jan 2014)

The Securities and Exchange Commission (SEC) senior staff recently announced their 2014 examination priorities . The national examination program will be focusing on fraud detection and prevention, corporate governance, and registrants that serve as both a broker-dealer and investment adviser.

SEC staff also plans to undertake initiatives that examine the rollover of retirement vehicles during employment transitions or near retirement. In particular, the staff is concerned about misleading...

SEC Litigation Releases: Week in Review - January 10th, 2014

(Jan 2014)

Securities and Exchange Commission v. Diamond Foods, Inc.
January 9, 2014, (Litigation Release No. 22902)
According to the complaint, Diamond Foods, Inc. manipulated walnut costs to report "higher net income and inflated earnings to exceed analysts' estimates for fiscal quarters in 2010 and 2011." According to the complaint against Diamond's former CFO, Steven Neil, Neil "directed the effort to fraudulently underreport money paid to walnut growers." Diamond's former CEO, Michael Mendes, has...

Behringer Harvard / TIER REIT Illustrates How Non-Traded REIT Sponsors and Brokers Have Siphoned $10 Billion to $20 Billion (and Counting) From Investors

(Jan 2014)

Sponsors have issued, and brokers had sold, over $85 billion of non-traded real estate investment trusts (REITs) by the end of 2012. These investments are illiquid, high-commissioned, poorly diversified real estate investments. Despite their glaring defects another $20 billion of non-traded REITs were sold to investors in 2013.

Sponsors and brokers have siphoned off at least $20 billion from investors through their sales of non-traded REITs up through 2012. We illustrate the calculation of...

Did UBS Charge its Proprietary Puerto Rico Bond Funds Excessive Markups? Part II

(Jan 2014)

We have previously posted several blog posts about UBS Puerto Rico's collapsing closed-end municipal bond funds including: Trouble in Paradise: UBS Puerto Rico Bond Fund Investors Hit Hard, Diversification and UBS Puerto Rico Bond Fund Losses, Did UBS Charge its Proprietary Puerto Rico Bond Funds Excessive Markups? and Merry Christmas from UBS Asset Managers of Puerto Rico.

UBS has argued that since we couldn't identify which trades in the EMMA data were the UBS bond fund trades and UBS...

FINRA Regulatory Priorities 2014

(Jan 2014)

Early this month, the Financial Industry Regulatory Authority (FINRA) released their 2014 regulatory and examination proirities . FINRA is continuing to focus on the suitability of recommendations made to retail investors. FINRA specifically mentions complex structured products (including leveraged ETFs), non-traded REITs, frontier funds, and interest rate sensitive instruments such as mortgage-backed securities and municipal bonds. At a recent conference, a FINRA representative added that...

Diversification and UBS Puerto Rico Bond Fund Losses

(Dec 2013)

The 19 closed-end bond funds managed by UBS Puerto Rico listed in Table 1 lost $1.66 billion in the first 9 months of 2013. These funds were sold almost exclusively to citizens of Puerto Rico and approximately 70% of the portfolios of these funds were invested in Puerto Rican securities. The percentage losses over the past year range from 38% to 48% for the worst-performing UBS PR funds. These losses are substantially greater than Puerto Rican municipal bonds generally. The Standard and...

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