SEC Litigation Releases: Week in Review - November 22nd, 2013
(Nov 2013)
Court Enters Final Judgment by Consent Against SEC Defendant Corey Ribotsky
November 21, 2013, (Litigation Release No. 22873)
A final judgment was entered against Corey Ribotsky who, along with The NIR Group, LLC, allegedly made "false statements to investors regarding the poor performance and trading strategy of the various AJW Funds he managed" during the financial crisis. Ribotsky also allegedly "misappropriated client assets and misled investors about the decision to form the AJW Master...
Variable Annuity Fees Linked to the VIX -- Part II
(Nov 2013)
In our last post, we discussed a whitepaper that proposed linking the fees in a variable annuity to the CBOE Volatility Index (VIX). That paper ran a simple backtest of a variable annuity fee tied to the VIX over the period from 1990-2012, assuming certain parameters, and then compared the result to a fixed fee annuity over the same period. We have replicated their approach between January 1990 and January 2013 and found that not only are the fees and ending account values comparable, but so...
Variable Annuity Fees Linked to the VIX -- Part I
(Nov 2013)
We've discussed the CBOE Volatility Index -- known as the VIX-- many times before. Essentially, the VIX is a very complex calculation of the expected future variance of the S&P 500 (see the full calculation methodology), and is popularly known as the 'investor fear gauge'. The VIX is not a tradeable asset, but there are VIX options and futures contracts, and those contracts serve as the basis for several VIX-related exchange-traded products (TVIX, XIV, VXXto name a few). The VIX is very...
SEC Litigation Releases: Week in Review - November 15th, 2013
(Nov 2013)
Court Orders Charles T. Lawrence to Comply with Commission Subpoena
November 13, 2013, (Litigation Release No. 22869)
This week, the Court ordered Charles T. Lawrence to "to comply with an investigative subpoena previously served on him and relating to his formerly registered investment adviser, Chasson Group." According to a previous litigation release, the SEC's application alleges that in April of this year, "the SEC issued a Formal Order Directing Private Investigation entitled In the...
How Does VolDex Stack Up to the VIX?
(Nov 2013)
We've talked a lot about the idea of using volatility to hedge equity exposure. The basic finding, from our research work and that of others, is that the CBOE Volatility Index (VIX) hedges the S&P 500 fairly well. Unfortunately, the VIX is not investable, but is a complicated calculation based on a large strip of options contracts -- i.e., contracts of varying moneyness. Proxies for the VIX, such as rolling VIX futures strategies, are much worse hedges and have a number of problems that make...
Athlete-Backed Securities and Credit Risk
(Nov 2013)
The financial media has been abuzz about Fantex, a brokerage firm that is offering investments linked to the earnings of professional athletes. Their first offering was linked to 20% of the future earnings of Houston Texans running back Arian Foster, and the second was for a 10% interest in the future earnings of San Francisco 49ers tight end Vernon Davis.*At first, the plan was met with some skepticism (and some ridicule), which was only magnified when last Sunday both Foster and Davis...
FINRA Announces Enhanced BrokerCheck System
(Nov 2013)
Yesterday the Financial Industry Regulatory Authority announced an enhanced version of their BrokerCheck system. We regularly suggest that investors consult FINRA's BrokerCheck since these records contain important information about complaints and specific actions about individual brokers and firms. According the FINRA Executive Vice President Derek Linden, investors "using BrokerCheck will encounter a more user-friendly interface that allows them to quickly find information that can help...
Study Finds that the Average PE Investor Just Breaks Even
(Nov 2013)
Brendan Conway over at Barron's pointed out an interesting new study from the National Bureau of Economic Research entitled: Valuing Private Equity. Private Equity (PE) investments -- typically called limited partnerships (LPs) -- are long-term, illiquid securities representing (perhaps not surprisingly) an equity interest in a private company. Investors are typically referred to as limited partners. The study notes that while private equity returns tend to be high, "it remains controversial...
Structured Product Fees and Credit Risk
(Nov 2013)
Kevin Dugan noted in the April edition of Bloomberg's Structured Notes Brief that "Citigroup collected the highest average fees in the first quarter [of 2013] among the 10 biggest underwriters of U.S. structured notes." This got us wondering, is there any relationship between the credit quality of the underwriter and the fees the underwriter collects? If investors truly understood credit risk, issuers with higher credit risk would presumably have to structure products with lower fees to...
SEC Litigation Releases: Week in Review - November 8th, 2013
(Nov 2013)
SEC Charges Royal Bank of Scotland Subsidiary with Misleading Investors in Subprime RMBS Offering
November 7, 2013, (Litigation Release No. 22866)
According to the complaint, RBS Securities Inc. (a subsidiary of the Royal Bank of Scotland plc) misled investors "in a 2007 subprime residential mortgage-backed security (RMBS) offering" by stating that the "loans backing the offering 'generally' met the lender's underwriting guidelines." According to the SEC, nearly 30 percent of the loans "fell...
