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More on Non-Traded REIT IPOs-via-Mergers

So far, two large non-traded REITs (Cole Credit Property Trust II and American Realty Capital Trust III) have merged with traded REITs. Merging with a traded REIT is one way for these otherwise largely illiquid investments to bring their assets to market and allow their investors to cash out. The more traditional 'exit strategy', and the strategy anticipated by most non-traded REIT offering documents, would be to have an independent initial public offering (IPO). So why are some non-traded...

Oppenheimer to Pay US Airways $30 Million over Auction Rate Securities

Oppenheimer & Co. has been ordered by a FINRA arbitration panel to pay US Airways $30 million in damages related to the purchase of several series of structured auction rate securities (ARS). The story is being covered by Caitlin Nish at the Wall Street Journal, Bill Singer at Forbes, and Keith Goldberg at Law360. You can find the US Airways v Oppenheimer award on our website.

ARS are debt instruments that paid interest rates that reflect the clearing prices of regular auctions. Oppenheimer...

FTC Releases Report on Debt Buying Industry

The Federal Trade Commission (FTC) released their report yesterday on the "Structures and Practices of the Debt Buying Industry". This rather lengthy report brings into focus the industry -- debt collection and debt buying -- that is responsible for more consumer complaints than any other industry.

"Debt buying" is the practice of purchasing debts from creditors. A creditor may decide that it is unlikely the debtor will repay a debt and as a result may sell the rights to collect the debt for...

SEC Litigation Releases: Week in Review -February 1st, 2013

SEC Charges Five Former Executives of Cay Clubs Resorts and Marinas in $300 Million Real Estate Investment Fraud
January 30, 2013, (Litigation Release No. 22607)
According to the complaint (opens to PDF), Cay Clubs Resorts and Marinas' former executives, Fred Davis Clark, Jr., Cristal R. Coleman, David W. Schwarz, Barry J. Graham, and Ricky Lynn Stokes conducted "an offering fraud and Ponzi scheme that raised more than $300 million from nearly 1,400 investors nationwide." Allegedly, from 2004...

Crowdfunding and Real Estate Investing

The JOBS Act of 2012 was ostensibly designed to increase investment in small businesses. One of its provisions was to allow private placement investments (such as hedge funds, oil and gas partnerships, etc) to advertise publicly. Another provision is to allow for 'crowdfunding' of real estate and other investments, in effect allowing the sale of partial interests in speculative ventures to small retail investors. Kaitlin Ugolik at Law360 has a great review of the implications of this...

What is a CDO, Anyway?

We've talked a lot on this blog about collateralized debt obligations (CDOs), including a post just last week about how they might be regaining popularity. We thought it might be worthwhile to step back and explain just what a CDO is and why it is considered such a risky investment.

Part of the complexity just has to do with terminology. CDOs are a type of asset-backed security; so like a derivative, the value of a CDO is linked to the value of another asset. Typically, CDOs are linked to an...

Persistence Scorecard

Late last month, S&P Dow Jones Indices released their persistence scorecard which tracks the "consistency of top [mutual fund] performers over yearly consecutive periods" using the University of Chicago's CRSP database. This report aims to address the question "does past performance really matter?" by asking whether mutual funds can consistently deliver high returns over several consecutive years.

Their sample includes only actively managed domestic US equity mutual funds -- and only the...

Apple's Declining Stock Price and Structured Products

Jason Zweig at the Wall Street Journal has an excellent piece on a part of the Apple story that hasn't gotten much press: many equity-linked structured products are linked to the common stock of Apple.

SLCG has recently completed an analysis of the market value of outstanding structured products linked to Apple common stock (AAPL). In the following figure, we plot the total quarterly issuance of AAPL-linked structured products in our database since the first quarter of 2009.

A figure showing a line graph with bars demonstrating Apple's closing stock price from 2009 to 2012.

As Apple's common...

What a CDO 'Resurgence' Might Mean for Investors

Kaitlin Ugolik at Law360 had an article on Wednesday discussing the recent "bump in demand for collateralized debt obligations." CDOs are complex derivatives that pool assets together and split the risk of that portfolio into tranches which are then sold to investors. CDOs have been implicated in the financial crisis of 2008 and have seen a strong drop-off in new issuances since, though that tide may now be changing.
According to the article, some lenders are predicting a large increase in...

SEC Litigation Releases: Week in Review - January 25th, 2013

Randy M. Cho Sentenced to Prison Term of 12 Years in Criminal Action
January 24, 2013, (Litigation Release No. 22601)
Randy M. Cho was sentenced in a criminal action to 12 years in federal prison on charges of "perpetrating an investment scheme between 2001 and October 2009, which resulted in almost $8 million in losses from 57 investors." In addition to the prison sentence, Cho has been ordered to pay restitution of almost $8 million. In 2009, the SEC permanently enjoined Cho from violating...

246 Results