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SEC Litigation Releases: Weekly Review

SEC Charges a Solar Panel Manufacturer and Three of its Former Executives with Defrauding Investors
September 6, 2012, (Litigation Release No. 22475)
The SEC charged Worldwide Energy and Manufacturing USA Inc. (WEMU), a San Francisco based solar panel manufacturer, and WEMU executives Jimmy Wang, Mindy Wang, and Jeffrey Watson with "concealing the transfer of nearly half of the ownership stake in its Chinese subsidiary to three individuals in China who manage the subsidiary." According to the ...

As New ETFs Come and Go, Big Ones Remain Big

A recent Seeking Alpha article argues that with six new ETFs coming into the market and 18 being closed or redeemed, the past August signaled the beginning of a consolidation process in the ETF industry. There are good reasons to believe the author is right: with ETF issuers rolling out more and more ETFs each month, those having failed to catch investors' eyes quick enough are bound to disappear with the ever-intensifying competition. On the other hand, it also got us curious: what about...

ETFs: Easy Come, Easy Go

Last month we pointed out a growing number of ETF closures across a variety of issuers. Hot on their heels, several issuers announced new ETF issuances offering a wide variety of strategies, including many actively managed ETFs, which seem to be all the rage these days.

UBS recently announced that it would redeem 12 of its 13 volatility-linked ETNs on September 12. These twelve funds are actually six pairs of 1x long and 1x inverse notes linked to the performance of VIX futures portfolios...

SEC Litigation Releases: Week in Review - September 7th, 2012

SEC Files Settled Insider Trading Action Against Pharmaceutical Company Executive and His Father-In-Law
September 6, 2012, (Litigation Release No. 22474)
On September 6, 2012, the SEC filed a civil injunctive action against APP Pharmaceuticals, Inc.'s former Director of Contract Marketing, Arthur H. Reed, as well as Reed's father-in-law, Allan F. Derusha. According to the complaint (opens to PDF),the pair engaged in "insider trading and/or tipping in advance of APP's July 7, 2008 public...

Is FINRA Arbitration Constitutional?

Since 1987, when the Supreme Court upheld the mandatory arbitration provision found in brokerage customer agreements (Shearson/American Express v. McMahon - 482 U.S. 220 (1987)), most disputes between broker-dealers and their customers or employees have been adjudicated through the FINRA Dispute Resolution process. Their proceedings are not open to the public, no public record is kept, and most decisions are not explained. FINRA arbitrators come from all walks of life, although many are...

S&P Downgrades Illinois

Due to unfunded pension liabilities, S&P downgraded the state of Illinois last week. In conjunction with this ratings action, S&P also downgraded several Illinois issuers.

As Reuters reports, this ratings action -- which downgrades Illinois' credit rating from A+ to A -- now makes Illinois the second lowest rated state (after California which is currently rated A- by Standard & Poor's). According to S&P's credit analyst Robin Prunty

[t]he downgrade reflects the state's weak pension funding...

SEC Litigation Releases: Week in Review - August 31st, 2012

SEC Charges Brokers for Defrauding Brazilian Public Pension Funds in Markup Scheme
August 29, 2012, (Litigation Release No. 22462)
According to the complaint (opens to PDF), Fabrizio Neves conducted a markup scheme while working at LatAm Investments LLC. The complaint alleges that from 2006 to 2009 Neves, with the assistance of Jose Luna, overcharged customers around $36 million "by using hidden markup fees on structured note transactions." Neves allegedly made millions in inflated sales...

The JOBS Act and Private Placements [UPDATE]

Both the New York Times and the Wall Street Journal are reporting that the SEC has proposed removing the restriction on general solicitation of hedge funds and other private placement investments as required by the JOBS Act of 2012. Last week we blogged about the implications of this action, and at that time there was concern that the SEC would impose further restrictions that would dampen the effects of the law. It now appears that the SEC will not impose any additional regulations.

The...

ETFs in Mutual Funds: a Raw Deal?

Ian Salisbury at SmartMoney raises an interesting point:

The whole point of actively run funds, their proponents say, is that a living, breathing fund manager has a better chance of sussing out great investment opportunities than an exchange-traded fund, which just blindly tracks an index. Indeed, that's one of the reasons actively managed funds have higher fees than ETFs -- to pay for all that expert guidance.
So it might come as a shock to some investors that the top holdings of several...

SEC Litigation Releases: Week in Review - August 24th, 2012

SEC Charges New York-Based Firm and Owner in Penny Stock Scheme
August 23, 2012,(Litigation Release No. 22457)
Edward Bronson and his company, E-Lionheart Associates LLC (which also conducts business under the name Fairhills Capital Inc.), have been charged by the SEC with conducting a penny stock scheme in which they allegedly reaped over $10 million in illegal profits. The alleged scheme involved buying shares at deep discounts from over 100 penny stock companies and then selling them...

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