Exchange Traded Interest Rate Swap Futures
(Oct 2012)
We've talked briefly about interest rate swaps in the past, but I wanted to write about a recent development in the securities industry that relates to these conventionally over-the-counter (OTC) instruments.
Back in the summer of 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (PDF) was signed into law and as a result many OTC products have began the process of standardization in preparation for exchange trading. The idea is essentially that exchange traded products offer...
Repackaging Securities Means Repackaging Risks: the Case of STRATS 2005-2
(Sep 2012)
On July 12, an exotic structured security that was trading at approximately $25 per share was suddenly redeemed at $14.69 by its issuer, Wells Fargo Advisors. Needless to say, some investors were surprised by the event, which did not appear to be anticipated by the market. Indeed, the securities -- Floating Rate Structured Repackaged Asset-Backed Trust Securities Certificates, Series 2005-2 (abbreviated STRATS 2005-2) -- had embedded risks that resulted from repackaging the same underlying...
Is FINRA Arbitration Constitutional?
(Sep 2012)
Since 1987, when the Supreme Court upheld the mandatory arbitration provision found in brokerage customer agreements (Shearson/American Express v. McMahon - 482 U.S. 220 (1987)), most disputes between broker-dealers and their customers or employees have been adjudicated through the FINRA Dispute Resolution process. Their proceedings are not open to the public, no public record is kept, and most decisions are not explained. FINRA arbitrators come from all walks of life, although many are...
Poor Incentives and Predatory Lending in Municipal Finance
(Aug 2012)
Last year, Poway Unified School District had a problem. A decade earlier, it had started a program to modernize its aging schools. In 2008, voters had approved additional funding for the project under the condition that the school board could not raise taxes further. Unfortunately, by 2011, the project needed an additional $105 million to complete. But because they could not raise taxes, they could not issue the kind of tax-backed bonds (called general obligation bonds) that usually fund...
ETFs are Finding Their Way into 401(k) Plans
(Aug 2012)
In a recent blog post we discussed how mutual fund fees can drastically reduce funds available for retirement (see "401(k) Fees Can Drastically Reduce Nest Egg"). We cited a paper from the Center for Retirement Research that studied a typical 401(k) plan's investment costs, which including advertising fees, administration fees, asset management fees, and trading costs total 1-2% of assets annually. The paper proposed boosting the returns of 401(k) plans by investing in passively managed and...
401(k) Fees Can Drastically Reduce Nest Egg
(Jun 2012)
A recent report conducted by Demos -- a New York City-based public policy organization -- points out that the high fees charged by 401(k)'s can cut nest eggs by 30% for median-income two-wage family.
Company-sponsored 401(k) plans often include a list of mutual funds in which employees can invest. Although these fees are disclosed on the individual fund prospectuses, the account statements from 401(k)'s generally do not include such fees (only the result of the fund performance net of fees)....
Oppenheimer Fined for Complex Derivatives in Bond Funds
(Jun 2012)
In May 2010, SCLG released a paper on the Oppenheimer Champion Income Fund, detailing the complex derivatives transactions that led that fund to accumulate huge losses in 2008 compared to other high-yield bond funds. On Wednesday, the SEC charged OppenheimerFunds for material misrepresentations of these very risks in two funds, including the Champion Income Fund. OppenheimerFunds agreed to pay $35 million to settle the SEC's claims.
The funds, the Oppenheimer Champion Income Fund and the...
SEC Investigation into Largest Non-Traded REIT May Be A Sign of Things To Come
(May 2012)
As discussed in the financial press (see articles from InvestmentNews and Wall Street Journal) and the company's latest quarterly reports, Inland American Real Estate Trust is the subject of an ongoing SEC investigation. The SEC probe is determining whether the company incurred in any violations of the federal securities laws with regards to its fees, company organization structure, distributions paid to investors, and reported property impairments. Inland American is the largest non-traded...
Rehypothecation or Filched Fund?
(Apr 2012)
The investigation of the MF Global scandal is still ongoing. A lot of details concerning the missing customer funds haven't been revealed. At this stage there is no definitive answer as to whether MF Global blatantly transferred segregated customer funds to cover its own liquidity shortfall, or it merely used the often frowned-upon, but completely allowable practice of rehypothecation. In this blog post, I explain what rehypothecation is, as well as the controversy around it.
Rehypothecation...
