Good Ol' Fashioned Insider Trading Still In Vogue

For the past two years, Ponzi schemes have dominated the news headlines.  In fact, it still seems like a new scheme is being uncovered every week.  But what about insider trading?  Insider trading cases haven't received much press lately, but things may be changing.

Yesterday, the SEC announced it was charging Vinayak S. Gowrish and Adnan S. Zaman, two former employees of "global firms" in a "serial insider trading scheme" in which the two men "stole confidential information from their firms in connection with five deals and tipped two friends in exchange for kickbacks ... and made nearly $500,000 in illicit profits. The SEC also charged the two "friends" with fraudulent trading based upon the material, non-public information they allegedly received from the tippers Zaman and Gowrish.  According to the SEC's complaint, three of the four individuals were fraternity brothers and the fourth was a friend.

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E-mail Supervision Failures Lead To $1.2 Million FINRA Fine

The bar for supervising electronic communications has been raised.  The age of e-mail spot checks and reliance on brokers to forward to supervisors hard copies of their correspondence for review is gone.  According to a press release, FINRA has fined MetLife Securities and three affiliates $1.2 million for failing to have in place an adequate supervisory system to monitor broker e-mail communications with the public.  The fine also resolves "charges of failing to establish adequate supervisory procedures relating to broker participation in outside business activities and private securities transactions."

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Big Changes May Be In Store For The Securities Industry

The end of mandatory securities industry arbitration and broker fiduciary duty may be closer that you think.  In recent weeks, the House Financial Services Committee passed the Investor Protection Act of 2009, which contains these and other significant reforms.  And a bill contemplating similar reform is making its way through the Senate.  With health care reform stealing center stage over the past few months, the IPA has managed to quietly gain traction and, if ratified in its current form, promises to be one of the most dramatic and sweeping changes in securities legislation in years. 

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Ponzi Schemes Going Green?

According to its website, the SEC has "charged four individuals and two companies involved in perpetrating a $30 million Ponzi scheme in which they persuaded more than 300 investors nationwide to participate in purported environmentally-friendly investment opportunities."  At last, the politically correct Ponzi-scheme. 

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SEC To Determine Mortality Of Life Settlement Securitization?

In case you didn't know, we are in a recession. Of course, whether we are at the beginning, middle or end depends on where you get your news, your political bent, and how well your investments have weathered the storm. One thing is certain though - desperate times call for desperate measures, and this can lead to unusual albeit creative ideas...enter securitization of life settlements.

A life settlement is a fairly simple concept. You own an insurance policy and, prior to your death, you sell the policy to someone else typically for a lump sum of cash. If you're the seller, you get money you might otherwise need. If you're the buyer, you're essentially gambling the person whose policy you purchased will die within a certain period of time before you have to start making premium payments on the policy that could exceed the amount you paid. Bet right, and you will receive the proceeds from the insurance policy for a fraction of the amount you paid on the investments. Bet wrong and you could be stuck paying premiums on the policy for years. Morbid, you say? Maybe, but putting ethical, philosophical and religious beliefs aside, is there really anything wrong with it?

In the simple one on one transaction where an individual or company purchases a life insurance policy from an owner and pays the insured a lump sum cash payment there probably really isn't any harm, provided the transaction complies with state and federal laws, and the parties understand the risks associated with the transaction, which often leaves the insured unable to procure additional life insurance. Indeed, if you're the insured, you better have your estate planning already in place, because it is unlikely you will ever be able to get any subsequent life insurance.

But what about secondary market implications? Suppose for instance, the individual or company who purchased the policy wants to turn around and sell it on the open market with a group of other policies, bundled together and securitized as an investment. If this is starting to sound to you like the securitization of mortgages that led to the financial collapse of numerous banks and businesses around the country over the past few years, you're not alone; SEC Chairman Mary Schapiro may be thinking the same thing, which is why she has implemented a task force to review the efficacy of securitizing life settlements. For all practical purposes, the same problems that caused securitized mortgage bundles to fail may be lurking here. Over or underrating the riskiness of these investments would have disastrous consequences. At the very least, we should have a uniform system in place to help purchasers and sellers evaluate the risk of their investments and high level transparency in the marketplace.

The SEC appears to be off to a good start in analyzing this relatively new type of investment. Anyone care to bet whether life settlement securitization will face an early demise?

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Am I a Ponzi scheme victim?

The numerous national and even local Ponzi-schemes that have come to light in recent months share a common thread - victims are always left wondering how they could have better protected themselves. In the wake of a turbulent global economy with no immediate end in sight, it is almost certain more schemes will be revealed in the coming months, begging the question "am I Ponzi-scheme victim?" Unfortunately, there is no sure fire answer to this question. However, a comparison of recent and past schemes suggests that by combining some common sense principals with a healthy dose of skepticism, there may just be a few tell-tale signs that investors can watch out for. Before reading this article, you may wish to read my earlier post at which talks about how some common types of Ponzi-schemes work.

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Securities Fraud Aiders and Abettors Better Watch Out

Senator Arlen Specter (D-Pa.) has proposed a bill which would create a cause of action for private litigants seeking to sue individuals or businesses for aiding/abetting securities fraud. Since the Supreme Court's decision in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164 (1994), private litigants have only been able to sue primary violators for securities fraud under Section 10(b) of the 1934 Securities Exchange Act.  At present, only the Securities and Exchange Commission can bring an action for aiding and abetting securities fraud violations. Proponents of the proposed bill, however, believe that the SEC has not or cannot do enough on its own and that would-be plaintiff investors need more resources.

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FINRA and SEC go after short sales hard

Yesterday FINRA and the SEC both issued news releases regarding separate actions against entities and individuals who allegedly consummated short sales in violation of regulatory rules. The timing of the releases and similarity in subject matter suggests there is more going on than just serendipitous timing.

According to the FINRA release, a hearing panel expelled Legacy Trading Company, and barred the firm’s CEO, Mark Uselton, from the securities industry. The misconduct at issue appears to be wide ranging and included "violations of short selling rules, failure to maintain required books and records, and for providing false information and refusing to provide testimony to FINRA." The hearing panel also fined Legacy and Uselton more than $1 million, finding that they made almost $900,000 in profits from the illegal short sales, which FINRA defines as being "the sale of a security that the seller does not own, or any sale that is consummated by the delivery of a security borrowed by the seller." Not all short sales are prohibited though, but "FINRA and [the] Securities and Exchange Commission (SEC) rules require that short sellers make an affirmative determination that they can borrow the securities for delivery by settlement date, unless the seller is a broker-dealer engaged in bona fide market making activities." You can view a copy of the FINRA release.

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A Securities Fraud Case For The Textbooks

On July 29, 2009, the Ninth Circuit United States Court of Appeals issued an opinion in the case Desai v. Deutsche Bank Securities Limited, a securities fraud class action in which the Ninth Circuit affirmed the district court's denial of plaintiffs' motion for class certification. More important than the Court's decision on the motion for class cert., however, was the fact that this case, as aptly recognized by the Ninth Circuit, "stages the last act of a long drama that followed the collapse of an elaborate stock manipulation scheme."

The "scheme" the Court is referring to involved the stock of a company known as GenesisIntermedia, Inc. ("GENI"), and affected some of the largest broker-dealers in the world. It came to light after events of September 11, 2001, for reasons still not fully understood today, impacted the scheme in such a way that the underlying fraud became apparent. Needless to say, a full recitation of all the players involved would required pages upon pages of discussion, but any story that include arms dealers, rogue stock traders, paid-off analysts, falsified documents, fraud, and hundreds of millions of dollars doesn't come around every day. Who says securities fraud litigation isn't sexy?

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Another Day, Another Ponzi-Scheme...

Anyone following recent blog posts or the news in general should rightfully be shocked by the recent number of Ponzi-schemes being discovered. Every day it seems the regulators are uncovering another one and there appears to be no end in sight. The question everyone should be asking is why are so many schemes coming to light now? And a follow-up question should be how can we prevent this from happening in the future?

For those of you unfamiliar with securities jargon, a Ponzi-scheme basically takes the shape of a pyramid in which the perpetrator (at the top) takes money one from one or more individuals with the promise to repay them at some point, usually at an attractive interest rate often unobtainable through traditional investments particularly in a troubled economy. As subsequent layers of investors are added to the pyramid, money from new investors is used to repay earlier investors; think along the proverbial lines "robbing Peter to pay Paul." Schemes like this (as evidenced by the Madoff scandal) can go on for years, even decades, without detection. So why are so many scandals coming to light now?

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