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Our experts frequently write blog posts about the findings of the research we are conducting.

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This is How We Determined Investors Lost $27.7 Billion Investing in Non-Traded REITs

(Apr 2014)

Earlier this week we posted the summary results of our investigation into the performance of 27 non-traded REITs which had had a liquidity event by December 31, 2013. We found that investors are $27.7 billion worse as a result of investing in these 27 REITs rather than investing in a diversified portfolio of traded REITs. The post titled "Retail Investors Have Lost at Least $27.7 billion as a Result of Non-Traded REITs" is available on our blog.

Figuring out this $27.7 billion shortfall...

Enforcement Actions: Week in Review - April 11th, 2014

(Apr 2014)

SEC ENFORCEMENT ACTIONS

SEC Charges Carter's, Inc.'s Former Vice-President of Operations with Insider Trading and Tipping
April 10, 2014, (Litigation Release No. 22970)
Richard T. Posey,former Vice-President of Carter's, Inc., has been charged with trading "based on inside information that he possessed as a result of his position at Carter's, and...tip[ping] material nonpublic information to the company's former Vice-President and Director of Investor Relations, Eric M. Martin." Posey...

BlueVault Partners' Non-Traded REIT Study: Even the Winners do Worse Than Traded REITs

(Mar 2014)

We have noted in our research and our posts that non-traded investments including non-traded real estate investment trusts (REITs), business development companies (BDCs), oil & gas and equipment leasing partnerships typically have extremely high upfront and ongoing fees. Because of these high costs, illiquidity, lack of transparency and conflicts of interest, these investments should underperform liquid, lower-cost traded investments with similar underlying exposures. For example, non-traded...

The MSRB Re-Writes History

(Mar 2014)

Kyle Glazier and Lynn Hume's story in the Bond Buyer last week, "Brokers Violate Puerto Rico OS, MSRB Rules with Retail Trades", about small denomination trades in the recent Puerto Rico bond offering in contravention of the offering document set off a firestorm. The Wall Street Journal's "Finra Examining Trading in Puerto Rico Bonds" and Bloomberg's "Finra Says It's Examining Trading in New Puerto Rico Bonds" both reported on Friday that FINRA was looking into the suspect trades.

What did...

Enforcement Actions: Week in Review - March 21st, 2014

(Mar 2014)

SEC ENFORCEMENT ACTIONS

Manager of Pre-IPO Investment Funds Settles Fraud Claims
March 20, 2014, (Litigation Release No. 22949)
Frank Mazzola,brokerage firm Felix Investments, LLC, and investment adviserFacie Libre Management, Associates, LLC, have been charged with defrauding "investors in funds created to purchase shares of Facebook, Twitter, and other technology companies prior to their initial public offerings." According to the SEC, Mazzola and Felix Investments "arranged to be...

SEC Litigation Releases: Week in Review - February 7th, 2014

(Feb 2014)

Court of Appeals Denies Stay of Order Compelling Investigative Testimony; Affirms District Court's Exercise of Discretion
February 6, 2014, (Litigation Release No. 22920)
This week the court issued a "summary order denying Edward Daspin's motion for a stay" on a December 2013 order. This means that Daspin is required "to appear for investigative testimony in compliance with an SEC investigative subpoena" and was denied a "request that the SEC be required to pay for Daspin's physician to attend...

Credit Default Swaps on Steroids: UBS's Willow Fund

(Jan 2014)

We previously published a working paper on how investors in Oppenheimer's Champion Income Fund lost 80% in 2008 when peer group funds lost about 25%. Our Champion Income Fund paper is available on our website. Oppenheimer had increased Champion Income Fund's exposure to CMBS through credit default swaps and total return swaps in 2007 and 2008. Figure 1 reproduces a figure from our 2010 paper which demonstrates that the leverage Oppenheimer took on through the swaps fully explained the...

2013 SEC Enforcement Summary

(Dec 2013)

A couple months ago, we provided an analysis of SEC activity as represented by litigation releases. In that post, we commented on the breakdown of SEC litigation releases over time, aggregated by month and weekday. Recently, the SEC has released their enforcement statistics updated for the 2013 fiscal year.

All told, the SEC obtained monetary sanctions of more than $3.4 billion (including disgorgement and penalties) over the 2013 fiscal year. This number represents a nearly 11% increase year...

FINRA Fines Oppenheimer over Huge Municipal Bond Markups

(Dec 2013)

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...

A Look Into the TIC Industry

(Oct 2013)

So far, we've discussed some of the concerns we have with TIC investments and shown how to use discounted cash flow analysis to value a TIC interest with our handy spreadsheet. But you might be asking, just how prevalent are these concerns across all TICs?

To answer that, we examined 194 sets of offering documents for TICs sold from 2004-2009. This totaled $2.2 billion in equity, which amounts to approximately 19% of all equity issued by TICs in that period, and included properties from 32...

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