SEC Litigation Releases: Week in Review - January 10th, 2014
(Jan 2014)
Securities and Exchange Commission v. Diamond Foods, Inc.
January 9, 2014, (Litigation Release No. 22902)
According to the complaint, Diamond Foods, Inc. manipulated walnut costs to report "higher net income and inflated earnings to exceed analysts' estimates for fiscal quarters in 2010 and 2011." According to the complaint against Diamond's former CFO, Steven Neil, Neil "directed the effort to fraudulently underreport money paid to walnut growers." Diamond's former CEO, Michael Mendes, has...
Behringer Harvard / TIER REIT Illustrates How Non-Traded REIT Sponsors and Brokers Have Siphoned $10 Billion to $20 Billion (and Counting) From Investors
(Jan 2014)
Sponsors have issued, and brokers had sold, over $85 billion of non-traded real estate investment trusts (REITs) by the end of 2012. These investments are illiquid, high-commissioned, poorly diversified real estate investments. Despite their glaring defects another $20 billion of non-traded REITs were sold to investors in 2013.
Sponsors and brokers have siphoned off at least $20 billion from investors through their sales of non-traded REITs up through 2012. We illustrate the calculation of...
Feliz Navidad de parte de UBS Asset Managers de Puerto Rico
(Dec 2013)
Anteriormente SLCG había publicado dos entradas sobre el colapso de los fondos UBS de bonos municipales de Puerto Rico incluyendo los fondos Puerto Rico Fixed Income Funds I y VI y Puerto Rico Investors Tax-Free Funds I y VI. Nuestra entrada del 7 de Octubre de 2013 titulada Peligro en la Isla del Encanto: Inversionistas de UBS Puerto Rico Sufren Cuantiosas Pérdidas, reportamos sobre las pérdidas en los fondos cerrados de bonos municipales administrados por UBS Asset Managers de Puerto Rico...
Are Managed Futures a License to Steal?
(Dec 2013)
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 Scrutinizing Exchange Traded Notes
(Dec 2013)
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...
SEC Litigation Releases: Week in Review - December 2nd, 2013
(Dec 2013)
SEC Charges Weatherford International with FCPA Violations
November 26, 2013, (Litigation Release No. 22880)
According to the complaint, oilfield services company Weatherford International violated the Foreign Corrupt Practices Act by "authorizing bribes and improper travel and entertainment for foreign officials in the Middle East and Africa to win business, including kickbacks in Iraq to obtain United Nations Oil-for-Food contracts." The company allegedly earned more than "$59.3 million in...
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...
