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SEC Litigation Releases: Week in Review - February 28th, 2014

SEC Settles Claims Against Attorney Retained by Funds Involved in Fraudulent Investment Scheme
February 27, 2014, (Litigation Release No. 22934)
A final judgment was entered against attorney Robert Custis for his involvement in a Ponzi scheme orchestrated by Yusaf Jawed through companies Grifphon Asset Management, LLC and Grifphon Holdings, LLC. Custis agreed to the final judgment which permanently enjoins him from future violations of the securities laws and prohibits him from appearing or...

UBS Intentionally Misled Willow Fund Investors About its Troubled CDS Portfolio

In three blog posts we explained how the UBS Willow Fund's decision to make a large, highly-leveraged short bet on credit risk contrary to its repeated SEC disclosures caused investors to lose over $200 million between 2007 and 2012 . See Credit Default Swaps on Steroids: UBS's Willow Fund, Willow Fund's Hedging, Investing and Speculating in Distressed Debt With Credit Default Swaps and Further Reckoning of UBS Willow Fund's CDS Losses.

As we demonstrated in our earlier blog posts, the second...

Inversionistas del Fondo Rochester de Oppenheimer Sufren Grandes Pérdidas por la Alta Concentración de Bonos Municipales de Puerto Rico

Los inversionistas de bonos municipales de Puerto Rico sufrieron grandes pérdidas durante el año 2013. El gráfico 1 muestra un índice que abarca un amplio número de bonos municipales en los Estados Unidos (el Índice de Bonos Municipales S&P). Este gráfico también muestra un índice regional que se enfoca en bonos municipales de Puerto Rico (el Índice de Bonos Municipales puertorriqueños S&P). Entre los años 2000 y 2012, ambos índices presentaron movimientos muy similares. Sin embargo, durante...

Structured Product Based Variable Annuites are Riskier Than Advertised

My colleagues and I have a paper in the current (Winter 2014) Journal of Retirement about structured product based variable annuities (spVAs), which are variable annuities with index-linked accounts that have a payoff similar to structured products. We have been following the market for spVAs since they were first introduced in 2010, and distributed our first working paper in 2011. Since then, three issuers have sold more than $3 billion worth of spVAs, according to a recent article in...

High Concentration in Puerto Rico Municipal Bonds Results in Losses for Investors in Oppenheimer Rochester Funds

2013 was a tough year for investors in Puerto Rican municipal bonds. Figure 1 shows a broad index of U.S. municipal bonds--the S&P Municipal Bond Index--and a regional index focusing on Puerto Rican municipal bonds--the S&P Municipal Bond Puerto Rico Index. While both indexes moved in tandem from 2000 until 2012, the Puerto Rico index shows a much sharper drop in 2013 as the island's economy continued its prolonged contraction. Puerto Rico's 2012 GDP was 12% below its 2006 GDP, according to...

SEC Litigation Releases: Week in Review - February 21st, 2014

SEC Charges Three California Residents Behind Movie Investment Scam
February 20, 2014, (Litigation Release No. 22929)
According to the complaint, Samuel Braslau, Rand Chortkoff, and Stuart Rawitt defrauded "investors in a purported multi-million dollar movie project that would supposedly star A-list celebrities and generate exorbitant investment returns." Braslau set up "companies named Mutual Entertainment LLC and Film Shoot LLC to raise funds from investors for the movie project," a film...

Further Reckoning of UBS Willow Fund's CDS Losses

In previous blog posts we explained how the UBS Willow Fund completed its spectacular multi-year collapse in 2012 largely as a result of its leveraged portfolio of credit default swap (CDS) contracts. See Credit Default Swaps on Steroids: UBS's Willow Fund and Willow Fund's Hedging, Investing and Speculating in Distressed Debt With Credit Default Swaps. Through these CDS contracts, the Willow Fund made a large, highly-leveraged short bet on credit risk contrary to its repeated SEC...

The Inland Group's Non-Traded REITs Destroyed $11.9 Billion of Investor Wealth

Last week we wrote about how investors in a non-traded REIT, Inland Diversified Real Estate Trust, had lost $200 million compared to traded REITs even though it announced a merger with a traded REIT, covered in our blog post"More Non-Traded REIT Carnage: Inland Diversified's Investors Have Lost 40%, Not Gained 31%".

Continuing our blog posts and working papers on non-traded REITs, today we report on how investors fared in five non-traded REITs sponsored by affiliates of The Inland Real...

SEC Litigation Releases: Week in Review - February 14th, 2014

SEC Charges James Y. Lee for Defrauding His Advisory Clients
February 14, 2014, (Litigation Release No. 22927)
According to the complaint, James Y. Lee defrauded his advisory clients in several ways including "charg[ing] some clients fees...based on false performance and conceal[ing] from them that they had actually incurred realized losses," failing to disclose information about his background including "a criminal conviction for embezzlement and an SEC cease-and-desist order for his role in...

More Non-Traded REIT Carnage: Inland Diversified's Investors Have Lost 40%, Not Gained 31%

As we have explained in several blog posts and working papers, non-traded REITs are illiquid, poorly diversified real estate investments that destroy investor's wealth compared to liquid, diversified real estate investments.

Inland Diversified Real Estate Trust, Inc. ("Inland Diversified") is a non-traded REIT that invests in retail properties, office properties, industrial properties, and multi-family properties. Yesterday, Inland Diversified announced that it was merging with Kite Realty...

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