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Nicolas Schorsch and American Realty Capital Lay Another Egg

GNL: American Realty Capital Lays Another Egg

On Tuesday, non-traded REIT American Realty Capital Global Trust Inc. - rechristened Global Net Lease, Inc. - began trading on the NYSE under the ticker GNL. GNL is at least the 42nd non-traded REIT to have listed, or merged into or been acquired by another REIT since 1997 and adds to the mounting wealth toll non-traded REITs have extracted from unsophisticated investors.

My co-authors and I have determined that the non-traded REIT industry has...

Enforcement Actions: Week in Review - May 29th, 2015

SEC ENFORCEMENT ACTIONS

SEC Charges Deutsche Bank With Misstating Financial Reports During Financial Crisis
May 26, 2015 (Litigation Release No. 99)
Deutsche Bank AG has agreed to pay a $55 million penalty to settle charges that they overvalued a portfolio of derivatives by failing to properly value their "gap risk". The derivatives portfolio in question contained "Leveraged Super Senior" (LSS) trades that Deutsche Bank used in order to buy protection against credit default losses. The...

Enforcement Actions: Week in Review - May 22nd, 2015

SEC ENFORCEMENT ACTIONS

Peter J. Curley, Associate Director in the Division of Trading and Markets, to Leave SEC
May 18, 2015 (Litigation Release No. 91)
Peter J. Curley, Associate Director for Clearance and Settlement in the Division of Trading and Markets, will be leaving the SEC later this month. Mr. Curley has made many contributions to the division and the agency during the time of development by heading the Office of Clearance and Settlement since October 2011. Mr. Curley's had...

Enforcement Actions: Week in Review - May 15th, 2015

SEC ENFORCEMENT ACTIONS

SEC Sues Retirement Planners for Making False Claims to Investors
May 11, 2015 (Litigation Release No. 85)
Novers Financial and its principals, Christopher A. Novinger and Brady J. Speers, were charged with falsely informing customers that interests in life settlements they sold were guaranteed and federally insured. Interests in life settlements are investments that are based on life insurance policies purchased by others. These interests are not risk-free or...

Enforcement Actions: Week in Review - May 12th, 2015

SEC ENFORCEMENT ACTIONS

SEC Announces Outreach Programs to Help Firms Comply With Regulation Systems Compliance and Integrity
May 5, 2015 (Litigation Release No. 80)
Registration has opened for two outreach programs, created by the SEC to facilitate compliance with newly adopted technology regulations. Compliance with Regulation Systems Compliance and Integrity (Regulation SCI) will be held at the SEC's regional offices in New York and Chicago on July 16th and July 29th respectively....

Enforcement Actions: Week in Review - May 1st, 2015

SEC ENFORCEMENT ACTIONS

SEC Announces Award to Whistleblower in First Retaliation Case
April 28, 2015 (Litigation Release No. 75)
The SEC has announced that the whistleblower connected with the SEC's first retaliation case will receive the maximum allowed award of 30% of amounts collected in relation to the case (~$600,000). Paradigm Capital Management was charged by the SEC for retaliating against said whistleblower once it was discovered they had reported potential conduct to the SEC....

Enforcement Actions: Week in Review - April 24th, 2015

SEC ENFORCEMENT ACTIONS

SEC Charges BlackRock Advisors With Failing to Disclose Conflict of Interest to Clients and Fun Boards
April 20, 2015 (Litigation Release No. 71)
BlackRock Advisors LLC has been charged by the SEC for failing to disclose a conflict of interest of one of their top portfolio managers. Daniel J. Rice III founded Rice Energy, a natural gas and oil company, while managing energy sector funds and separately managed accounts at Blackrock Advisors. Rice personally invested...

Enforcement Actions: Week in Review - April 17th, 2015

SEC ENFORCEMENT ACTIONS

SEC Halts Investment Scheme Targeting Military Personnel
April 14, 2015 (Litigation Release No. 66)
The SEC has charged Leroy Brown Jr. and his firm, LB Stocks and Trades Advice LLC, with securities fraud and conducting an unregistered securities offering and ordered an asset freeze against Brown. Brown fabricated his stock broking experience to prospective clients telling them that he had many years of experience in securities and that he had all the necessary...

Enforcement Actions: Week in Review - April 10th, 2015

SEC ENFORCEMENT ACTIONS

SEC Charges Firms and Individuals for Defrauding Investors in Cellular Licensing Scheme
April 6, 2015 (Litigation Release No. 57)
Twelve companies and six individuals have been charged with defrauding investors in a scheme involving falsely advertised securities based on licenses for cellular spectrum bands. The alleged orchestrators of the scheme are David Alcorn and Kent Maerki, cofounders of Janus Spectrum LLC. The SEC alleges that third-party fundraisers sold...

Enforcement Actions: Week in Review - April 3rd, 2015

SEC ENFORCEMENT ACTIONS

SEC Announces Fraud Charges Against Investment Adviser Accused of Concealing Poor Performance of Fund Assets from Investors
March 30, 2015 (Litigation Release No. 52)
The SEC has announced charges against Lynn Tilton and her firms Patriarch Partners LLC, Patriarch Partners VIII LLC, Patriarch Partners XIV LLC, and Patriarch Partners XV LLC for misleading clients of the performance of their collateralized loan obligation (CLO) funds. According to the investigation,...

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