SEC Charges Morgan Keegan Directors with Failing to Oversee Asset Valuations
(Dec 2012)
The SEC has charged eight former Morgan Keegan directors with failing to provide accurate valuations for mortgage-backed securities during the subprime crisis of 2007. We wrote a paper in 2009 explaining the collapse of the RMK bond funds and how they relate to these very same securities.
The mutual funds at issue are 1) RMK High Income Fund, Inc.; 2) RMK Multi-Sector High Income Fund, Inc.; 3) RMK Strategic Income Fund, Inc.; 4) RMK Advantage Income Fund, Inc.; and 5) Morgan Keegan Select...
PowerShares to List Actively Managed Downside Hedged S&P ETF
(Dec 2012)
Late last week, Invesco PowerShares filed a form N-1A registration statement with the SEC to list an exchange traded fund (ETF) with exposure to the S&P 500 with downside exposure actively hedged through VIX futures contracts. The PowerShares S&P 500 Downside Hedged Portfolio (PHDG) seeks to "achieve positive total returns in rising or falling markets that are not directly correlated to broad equity or fixed income market returns" and has annual operating expenses of about 39 basis points....
SEC Charges KCAP Financial with Overvaluing Assets
(Nov 2012)
The SEC alleges that KCAP Financial, a publicly traded business development company (BDC), did not accurately report the fair value of its corporate debt and collateralized loan obligation (CLO) assets during the financial crisis, thereby misleading investors. According to the press release, KCAP valued some of their assets at cost, not at fair market value, overstating the net asset value by over 25% during the peak of the financial crisis.
BDCs are similar to REITs in that they hold...
Variable Prepaid Forwards Cost JP Morgan at least $18 million
(Oct 2012)
Yesterday, the Oklahoma District Court in Tulsa, OK ordered JP Morgan Chase Bank to pay the Burford Trust over $18 million. In addition to this payment, JP Morgan is responsible for attorneys' fees and punitive damages to compensate the trust for the diminution in value resulting from a series of 11 variable prepaid forward contracts (VPFs) JP Morgan entered into with the Trust starting in May 2000. The news of this decision has been picked up by Bloomberg, the New York Times as well as ...
Two New Exotic Products from the CBOE
(Oct 2012)
The CBOE has begun the offering process on two new and highly innovative volatility-related products that could have broad implications for the exchange traded products market and index investing in general.
The new S&P 500 Variance Futures are futures contracts on the realized variance of the S&P 500 index. This is in contrast with VIX futures, which trade on the impliedvolatility of the S&P 500; however, according to a CBOE press release, the ability to combine the two may have motivated...
Regulators Fine High-Frequency Trader for Manipulative Trading
(Sep 2012)
FINRA recently announced the censure and fining of Hold Brothers On-Line Investment Services, LLC ("Hold Brothers"). This action is in lockstep with that of NYSE Arca, NASDAQ, NASDAQ OMX BX and BATS as well as the SEC . Hold Brothers isa registered self-clearing broker-dealer and a member of FINRA operating as a "day-trading firm by facilitating direct market access to customers and to its proprietary traders."
The action centers primarily on the trading activity in one large account...
FINRA Targets Conflicts of Interest
(Aug 2012)
FINRA has announced its intention to conduct a targeted examination (or sweep) of its members' practices relating to the identification and management of conflicts of interest. The importance of this effort cannot be overstated. Conflicts of interest in the securities industry are particularly troublesome because customers usually do not stand in an arm's-length, caveat emptor relationship to their broker. Instead, most customers trust and rely upon their broker's superior knowledge and...
New Suitability Rules Now in Effect
(Aug 2012)
FINRA was created in 2007 through a combination of the former NASD with the regulatory functions of the NYSE. Since then, FINRA has been attempting to consolidate each entity's old rules into a single manual. Although progress has been slow, recently new suitability rules took effect. This much-needed update (parts of the old rule date back to 1938) brings the suitability rule a little closer to the realities of business in a modern, full-service securities firm; but it is still a far cry...
Direxion to Close Several Leveraged ETFs
(Aug 2012)
Direxion Shares ETF Trust announced last week that -- upon recommendation of the trust's advisor Rafferty Asset Management, LLC -- nine daily leveraged and inverse Exchange Traded Funds will be liquidated and shares will no longer be open for purchase as of early next month. From the announcement,
Due to the Funds' inability to attract sufficient investment assets, Rafferty believes they cannot continue to conduct their business and operations in an economically efficient manner. As a result,...
