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Are Managed Futures a License to Steal?

Bloomberg's David Evans raised this question in his recent Fleeced by Fees. David found that 89% of the futures trading profits and interest on collateral in 63 SEC-registered managed futures funds from 2003 to 2012 were consumed by fees and commissions. David's story shines a light on the abusive fees charged by the managed futures partnerships. His story quotes a spokesperson for the National Futures Association self-regulatory organization / trade group as saying that "We can't just give...

SEC Litigation Releases: Week in Review - December 20th, 2013

SEC Charges Detroit Area Man and His Company with Conducting a Pump and Dump Scheme
December 18, 2013, (Litigation Release No. 22892)
According to the complaint, "Randy A. Hamdan and a related entity, Oracle Consultants LLC,...carr[ied] out a pump-and-dump scheme in the securities of CompuSonics Video Corporation" that resulted in illicit proceeds of almost $30,000. The SEC has charged the defendants with violating the Securities Act and Exchange Act and seeks permanent injunctions,...

Self-Indexing in Commodity-Linked Investments - Citi CUBES

Over the past few weeks and months, we've noticed a pattern in the products coming across our desks: structured investments linked to esoteric proprietary indexes, created by the same bank that issued the product. We touched on this topic a bit when we discussed self-indexing in the context of structured certificates of deposit, but we thought we'd revisit the issue with a few of the examples that we've been looking into more recently. The examples we'll discuss each reference a proprietary...

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...

¿Acaso UBS Cobró Márgenes Excesivos a sus Fondos de Puerto Rico?

En los últimos meses, los fondos cerrados UBS Puerto Rico han recibido mucha atención. Aunque dicha atención se ha enfocado en el apalancamiento y concentración en bonos municipales de Puerto Rico (véase por ejemplo, el New York Times y Bloomberg), es probable que futuras investigaciones encuentren otros asuntos importante - por ejemplo, márgenes excesivos.

Los inversionistas, incluyendo fondos mutuos tales como los Fondos UBS Puerto Rico, compran bonos municipales pagando un margen sobre el...

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...

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