Archive for February, 2010

SEC Settles Tyco Fraud Case

Thursday, February 25th, 2010

L. Dennis Kozlowski and Mark H. Swartz have been in jail since 2005, but were not officially prevented from engaging in their business after committing accounting fraud. The SEC final judgments against Kozlowski (former CEO of Tyco) and Swartz (former CFO). The judgements bar the men from serving as directors of public companies.

Sarah N. Lynch reports:

“The judgments bar the men for life from serving as a director of a public company and enjoin them from violating securities laws. The SEC had accused them in its civil case of failing to disclose hundreds of millions in executive indebtedness and executive compensation.

They were convicted for their roles in the criminal case and sentenced to serve terms [of various lengths]. They also paid $134 million in restitution to Tyco and criminal fines of $70 million and $35 million, respectively.

The final settlements are still subject to approval by a federal New York judge.”

SEC is just jumping right into these things, huh?  Part of the problem is that soo many of these scams/failures can be detected long before they blow up.  The SEC needs to get more aggressive in their approach.

For more on the story click here.

SEC Proposes Several New Measures Aimed at Increasing Corporate Accountability and Improving Investor Confidence

Thursday, February 25th, 2010

On July 1st, the SEC voted on several new measures that were aimed primarily to increase investor confidence by providing investors with tools to increase corporate accountability. First, the commission approved a measure that requires a shareholder vote on executive pay in proxy solicitations involving companies that receive money from the Troubled Asset Relief Program (TARP).  The Commission also voted to propose a measure requiring public companies  better disclosure of executive pay in their proxy statements. A New York Stock Exchange rule was changed as well, as the SEC now prohibits brokers from voting proxies in corporate elections without customer input.

These types of programs are all well and good but a fundamental issue remains and that is the SEC actually taking action against the fraudsters in the industry.  Until the SEC starts using the tools it has to catch the fraudsters, even the very obvious ones (for example: Madoff), investor confidence will remain lower than it could and should be.

For more information on this story ,click here.

Forex Trading Fraud: SEC tackles $80 million Ponzi Scheme

Thursday, February 25th, 2010

Today, the SEC charged Peter C. Son and Jin K. Chung guilty of conducting an 80 million dollar Ponzi Scheme that involved nearly 500 investors.  The scheme targeted Korean-American investors with the false promises of giant returns from forex (foreign currency) trading.

The investment scheme was a classic example of the Ponzi scheme. The funds that were supposed to be invested in foreign currency exchange were used to pay “returns” to select investors. Investor money was also used for the Son’s personal expenditures, including mortgage payments on a multi-million dollar house. The money also provided Son’s wife a salary she did not work for.

SNC Asset Management, Inc. (SNCA) and SNC Investments, Inc. (SNCI), were the two companies that Son and Chung coordinated to get the attention of investors. Manipulated profits and fabricated annual returns attracted many investors. The forex trading profits were fabricated and investors had monthly account statements with fake returns.

As the Ponzi scheme collapsed, Son and Chung drained the money out of these two companies and transfered investor funds into accounts overseas. The SEC is taking court orders to prevent these men and their companies from violating laws in the future and is also taking steps to provide emergency relief for investors. The Commodity Futures Trading Commission has announced civil fraud charges against Son, Chung, SNCA, and SNCI.

For more on the story, click here.

Auction Rate Securities: SEC finalizes settlements with Bank of America, Deutsche Bank and RBC

Thursday, February 25th, 2010

Following Merrill Lynch, Citigroup,  UBS, and Wachovia it is now BofA, Deutsche Bank and RBC’s turn to settle their potentially huge Auction Rate Securities settlements with the SEC as they did on June 3rd.  The SEC claims that more than $50 billion in liquidity are being made available to customers of those organizations who have invested in auction rate securities.  The SEC is taking action due to the false promises made by these three financial groups regarding the viability of Auction Rate Securities as a form of investment.  These groups quickly stopped supporting the market in early 2008, which left these securities completely illiquid.  These settlements, supposedly made in the interest of wronged investors, “will restore approximately $4.5 billion in liquidity to Bank of America customers, $800 million in liquidity to RBC customers, and $1.3 billion in liquidity to Deutsche Bank customers.” In order to avoid getting caught up in significant broker-dealer fraud problems with the SEC, these entities have agreed to:

  • Each firm will offer to purchase ARS at par from individuals, charities, and small or medium businesses that purchased those ARS from the firm, even if those customers moved their accounts.
  • Each firm will use its best efforts to provide liquidity solutions for institutional and other customers and will not take advantage of liquidity solutions for its own inventory before making those solutions available to these customers.
  • Each firm will pay eligible customers who sold their ARS below par the difference between par and the sale price of the ARS.

The SEC is clearly trying to do its job by increasing accountability especially in these difficult financial times.  But as the economic outlook looks brighter for the coming years, the propensity of fraud is only going to increase.

It is an unfortunate set of circumstances that permitted these ARS ‘markets’ to exist for such a long time when at any point the broker/dealers that sustained the markets could back away causing exactly what happened.  If perhaps the SEC had had the true authority and legislative/executive mandate in years past they could have intervened to create a more ordered dismantling of the

Quotations/information on this event was obtained from the SEC’s website, linked here.

Countrywide’s Ex-Chief Charged with Securities Fraud?! Gasp!

Thursday, February 25th, 2010

Well said by the SEC’s enforcement director when he said it was a ‘tale of two companies.’ Apparently Angelo Mozilo was sending e-mail messages describing Countrywide loan products as “toxic” and “poison” at the same time as he was, guess what? Wait for it. Right, he was telling the public that Countrywide was underwriting mainly prime-quality mortgage and using strong underwriting protocols.

Countrywide did not reveal to shareholders that in fact it was, according to the SEC, “an increasingly reckless lender assuming greater and greater risk.”

But at least Mozilo did not make too much profit. Oh, wait, yes he did! He made a nice tidy little sum of $140 million in profits by selling stock in the company. At least that’s what the S.E.C. says, but what do they know?  And other top Countrywide execs involved in the company at the relevant time are named in the allegations too.

I again ask the question – did any of these very well compensated executives do any of it legitimately? More evidence here that the answer is, emphatically, no.

The Global Trend of Regulation…And how Current Regulators Are Opposing the Trend

Thursday, February 25th, 2010

Tim Geithner, America’s treasury secretary, promises a complex regulatory overhaul by mid-June and Europe is not wasting any time either.

The European Commission announced the formation of two institutions, the European Systemic Risk Council (ESRC) and the European System of Financial Supervisors (ESFS).  These organizations, it is hoped, will rectify the trans-national banking problem that occurs only in Europe.  The problem is that European banks are allowed to operate across any border, but the home country is saddled with the responsibility of supervising the banks in whatever country the bank operates.  Thus, it takes only one country to disrupt the economic equilibrium in the European Union, as this financial crisis has revealed.

Some think that the ESRC and ESFS may not be as effective as hoped.  There are those who argue that fundamental issues such as funding and governance was not adequately addressed in the establishment of these organizations.  The argument goes further to hold that the European Commission is being too hasty in the formation of these noble organizations.  They may be correct because it is hard for any organization to make much of a contribution if it is not funded and/or goverened.  And funding and governance are always areas ripe for debilitating debates and arguments among the countries comprising the EU.

In America, the big banks will grudgingly accept further regulation if greater stability is provided.  However, in the nation’s capital, regulators and Congress leaders squabble over ideology.  Sheila Bair of the FDIC and John Dugan of the Comptroller of Currency are at odds at what the FDIC should be allowed to do.  Bair favors the FDIC’s role as a liquidator of non-banks as well as banks, an idea which Dugan strongly opposes.  There is no clear plan for what would be a systemic regulator in the U.S economy either.  The existing regulators, involved with government agencies in desperate need of modernization, are understandably very concerned and very vigilante about any immediate changes to their status quo.  In short, the perfect storm of partisan politics and the lobbyists of the existing regulators, will most likely make 2009 a year that sees fewer regulatory changes.

So, while there seems to be a demand for regulation on a grander scale for the banks/financial companies the regulators are already tearing apart that idea.  I think that some form of consolidated regulation on a (hopefully) temporary basis could be just what the world needs.  Whether the world gets it is another question altogether.

To view more info/ipinion on this issue, click here.

Five Ways to Guard Your Money

Thursday, February 25th, 2010

It is always a good idea to keep an eye on your money, especially these days and there are many simple ways to guard your money, including these tips from the Wall Street Journal.

1. “Do your homework when picking a financial adviser.”

2. “Ask tough questions to identify potential conflicts of interest.”

3. “Ask tough questions about risk factors.”

4. “Check whether the fund manager’s interests are aligned with yours.”

5. “Check whether the fund firm ’s interests are aligned with yours.”

These steps seems fairly intuitive, but they do definitely merit Post-it or checklist worthy status for any investor.

For more on the details and rationale behind each step, click here.

Madoff Fallout: Bank Medici Loses License

Thursday, February 25th, 2010

Bank Medici AG lost it’s banking license this past Thursday.  The financial banking authority of Austria, the Financial Market Authority, took action because the bank’s starting capital mark dropped below the 5 million Euro requirement.  Bank Medici claimed that it suffered huge losses due to Madoff’s massive Ponzi scheme.  The bank noted on its website that it will still fight in the interest of its clients and make its decisions accordingly.

Read the full story here.

Stanford Group Follow-Up (and shocker!)

Thursday, February 25th, 2010

Another shocker:  Nigel Hamilton-Smith, the Antiguan liquidator of the Stanford Group’s offshore bank testified that Stanford used client funds to fuel his conspicuous consumption.

The Texas financier has been accused by U.S. regulators of a $8.5 billion fraud.

For more on the ongoing case, click here and/or see my earlier post.

Interesting Twist In Hedge Fund Manager Stock Fraud Charges

Thursday, February 25th, 2010

The twist is not soo much that he got caught with his hand in the proverbial cookie jar.

Mark Bloom, the former manager of the North Hills Management hedge fund based out of New York, was able to start and operate North Hills separately while he was working for another money manager (which, by the way, is also involved in a $500+ million fraud complaint).  Bloom claims that he will be using a public defender to defend the stock fraud charges against him.  After one of the biggest investors in North Hills Management demanded redemptions and Bloom evaded those request, the investor, a charity, sued because the charity believed that Bloom was using hedge fund money for personal conspicuous consumption.

For more on the story, click here.