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

UBS Puerto Rico's closed-end funds have received much attention in recent months. While the coverage has focused on the funds' leverage and concentration in Puerto Rican municipal bonds (see for example, New York Times and Bloomberg), discovery and further research into the funds is likely to reveal other important issues -excessive markups, for instance.

Investors, including mutual funds like the UBS Puerto Rico Funds, buy municipal bonds from dealers who typically charge a markup over the...

SPIVA Scorecard: Persistent Lack of Persistence

Earlier this week, S&P Dow Jones Indices released their semiannual SPIVA Persistence Scorecard, which assesses how consistent top performingactively managed US equity mutual funds have been. This is the third SPIVA release since our blog has been in existence and each time we bring attention to their work. Once again, their results suggest that mutual fund managers only rarely outperform for long.

This year the study found that roughly 7% of funds that were in the top 25% of actively managed...

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

SEC Awarded $400,000 in Disgorgement from Certified Public Accountant for His Violations of Commission Suspension Order
December 12, 2013, (Litigation Release No. 22887)
A court ruling was entered this week that requires Michael H. Taber to pay the government $400,000 "in compensation he received while suspended from appearing or practicing before the Commission as an accountant."

SEC Halts Texas-Based Oil and Gas Investment Scheme
December 6, 2013, (Litigation Release No. 22886)
According to the...

SEC Scrutinizing Exchange Traded Notes

Risk.net is reporting that the Office of Capital Markets Trends of the Securities and Exchange Commission (SEC) is looking into the details of exchange traded notes (ETNs). The office, headed by Amy Starr, is looking into the fees and the disclosure of risks and formulas used to determine ETN indicative values according to statements made by Starr at the Structured Products conference in Washington, DC on December 10.

ETNs have been a frequent subject on the blog and regulators have issued...

Non-Transparent ETFs and Foreign Stock Funds

Typically, it's better to know more about an investment rather than less. When it comes to mutual funds and exchange-traded funds (ETFs), transparency means knowing what the fund is buying and selling, and therefore the underlying investment strategy.

Some commentators have claimed that fund transparency is a bad thing for investors. If a fund has a predictable investment strategy, then traders can front-run its trades, which may be large enough to move prices. The criticism is even louder...

FINRA Fines Oppenheimer over Huge Municipal Bond Markups

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...

FINRA Action Against JP Turner for Unsuitable Leveraged ETF Sales

Last Thursday, FINRA ordered JP Turner, an Atlanta-based broker-dealer, to pay restitution related to sales of leveraged and inverse exchange-traded funds (ETFs) and excessive mutual fund switching. The total restitution to 84 customers totaled over $700,000.

Leveraged and inverse ETFs are extremely complex investments, that are designed for professional traders and are generally considered unsuitable for buy-and-hold investors. One fundamental issue with leveraged and inverse ETFs is that...

SEC Litigation Releases: Week in Review - December 6th, 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...

Brokers Steal from Elderly Widow

In our day-to-day work, we often come across brokers willing to ruin the lives of the undereducated or underprepared in order to make a quick buck. We thought we'd highlight a particularly egregious example of this from a recent Financial Industry Regulatory Authority (FINRA) press release.

According to the release, Fernando L. Arevalo and Jimmy E. Caballero encouraged an "elderly widow with diminished mental capacity" to sell two annuities for approximately $300,000 and then moved the funds...

FINRA Foundation Releases Military Financial Capability Survey

Yesterday, the Financial Industry Regulatory Authority (FINRA) Investor Education Foundation announced the release of their National Financial Capability Study's Military Survey. The interactive results of the surveycan be accessed online. According to the foundation's president, the study finds that "most servicemembers are taking control of their finances. Three quarters have a retirement account, nearly 80 percent are living within their means, and many have participated in financial...

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