SEC Litigation Releases: Week in Review - November 15th, 2013
(Nov 2013)
Court Orders Charles T. Lawrence to Comply with Commission Subpoena
November 13, 2013, (Litigation Release No. 22869)
This week, the Court ordered Charles T. Lawrence to "to comply with an investigative subpoena previously served on him and relating to his formerly registered investment adviser, Chasson Group." According to a previous litigation release, the SEC's application alleges that in April of this year, "the SEC issued a Formal Order Directing Private Investigation entitled In the...
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...
Study Finds that the Average PE Investor Just Breaks Even
(Nov 2013)
Brendan Conway over at Barron's pointed out an interesting new study from the National Bureau of Economic Research entitled: Valuing Private Equity. Private Equity (PE) investments -- typically called limited partnerships (LPs) -- are long-term, illiquid securities representing (perhaps not surprisingly) an equity interest in a private company. Investors are typically referred to as limited partners. The study notes that while private equity returns tend to be high, "it remains controversial...
'Tailored' Exchange Traded Funds
(Nov 2013)
Issuers of new exchange traded funds (ETFs) have a problem: how to attract enough investment to keep the fund alive. ETFs have a relatively high turnover rate, and many of the funds that fail simply never gained significant assets under management. Also, if the fund is not traded frequently, it is likely to have a wide bid-ask spread, further reducing investor interest.
One solution that a few ETF issuers have recently adopted involves building ETFs with a particular customer in mind. Back in...
FINRA Investor Alert: Closed-End Fund Distributions
(Nov 2013)
The Financial Industry Regulatory Authority (FINRA) recently released an Investor Alert to draw investors attention to the subtle difference between distributions and returns in the context ofclosed-end funds. Closed-end funds are pooled investments like mutual funds (which are also known as 'open-end funds'), but have only a fixed number of shares. This distinction has a big impact on how the fund is analyzed.
Distributions from closed-end funds are typically quoted as a rate (e.g. 6%). This...
The Consequences and Implications of TIC Investments
(Nov 2013)
The research we have outlined all this week strongly suggests that TIC interests are exceptionally poor investments. We have focused our posts on what a thorough due diligence on the TICs should have revealed at the time of issuance. But you may be wondering, what happened to these TICs? What sort of returns did investors receive?
To our knowledge, there is no retrospective study of TIC returns. But in our experience, the vast majority of TIC properties suffered significant impairments during...
SEC Litigation Releases: Week in Review - November 1st, 2013
(Nov 2013)
SEC Obtains Summary Judgment Against Defendants Charged with Defrauding Investors in Fictitious Offering
October 30, 2013, (Litigation Release No. 22861)
A summary judgment was entered againstthe Estate of Frank L. Pavlico, Brynee K. Baylor, her law firm Baylor & Jackson, P.L.L.C., and their former "client" The Milan Group, Inc. for their involvement in "a prime bank investment scheme that defrauded at least 13 investors out of more than $2 million." According to the SEC, "Pavlico and Baylor...
Conflicts of Interest in TIC Investments
(Oct 2013)
We have been discussing the value of TICs from a financial standpoint, but like most private placement investments, there are many other factors to consider than just the numbers. TICs have a wide array of problematic features that retail investors might not think to look for.
For example, most TICs require unanimous consent of all investors for major decisions regarding refinancing or selling the property. A TIC can be sold to up to 35 investors, making unanimous consent extremely difficult....
SEC Litigation Releases: Week in Review - October 25th, 2013
(Oct 2013)
Jury Finds Mark Cuban Not Liable for Insider Trading
October 23, 2013, (Litigation Release No. 22855)
Last week, "a nine-person federal jury found Mark Cuban not liable for insider trading" in Mamma.com securities.
SEC Obtains Final Judgment Against New Jersey-Based Consultants to Chinese Reverse Merger Companies
October 23, 2013, (Litigation Release No. 22854)
A final judgment was entered against Huakang Zhou (a/k/a David Zhou) and Warner Technology and Investment Corporation for their alleged...
SEC Issues Proposal on Crowdfunding
(Oct 2013)
Yesterday, the Securities and Exchange Commission (SEC) issued proposed rules on crowdfunding to regulate the offer and sale of crowdfunding securities. The press release for the proposed rules can be found on the SEC website. These proposed regulations are meant to fulfill the SEC's requirements under Title III of the JOBS Act . We have previously discussed the JOBS Act crowdfunding provisions in the context of real estate investments, but the proposed rules cover all types of crowdfunded...
