March 10, 2010

Reverse Convertible Notes and Similar Non-Conventional Investments are Unsuitable for Many Investors

Sales of poorly understood, non-conventional investments tend to increase in low-yield environments like the present. Reverse convertible notes are an example of this dangerous trend, says Jeff Benjamin in his recent InvestmentNews article, “Reverse convertible notes warrant sales scrutiny.”

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March 9, 2010

Hidden Risks Exist in Bond Exchange Traded Funds (ETFs)

Bond exchange traded funds carry hidden risks. In a recent Wall Street Journal article, Sam Mamudi cautioned investors seeking safety in bond exchange traded funds to be aware of hidden risks that can magnify the losses and limit the gains in such investments. See “Bond ETF Buyers Must Stay on Guard for Hidden Risks,” March 1, 2010.

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February 28, 2010

Is the SEC's Ineffectiveness the Result of Political Discord?

While SEC Chairman Mary Shapiro is advocating a watered-down standard of conduct for brokers, which would not require them to act in their clients’ best interest, Republican fellow commissioners are trying to block many reforms she is willing to undertake, according to a recent Wall Street Journal article by Kara Scannell.

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February 26, 2010

Medical Capital Debacle Puts Private (Reg D) Offerings under the Microscope

As reported in recent articles in Investment News, after the SEC filed fraud charges against Medical Capital Holdings Inc, the Financial Regulatory Authority indicated that it has “a number of investigations under way involving the allegations of wrongdoing arising from the sale of these ‘Reg D’ private placements.” Regulation D refers to the securities regulation that governs the sale of private-placement investments that don’t have to be registered with regulators.

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February 23, 2010

Have College Endowment Funds Been Victimized by Unscrupulous Brokers?

Recently released figures show that colleges across the nation suffered a 19 percent decline in their endowments in 2009. Some school endowments have reported even steeper declines, including Georgia Tech (26%), the University of Georgia Foundation (23%), and Emory University (21%). While the financial markets as a whole experienced a significant downturn in 2008, the stock market began rebounding in early 2009 and many investment portfolios have since regained much of their value—but not all. According to an article in the Atlanta Journal Constitution, Emory has had to cut its expenses by $50 million a year and eliminated 500 administrative positions, despite having one of the richest endowments in the country. Smaller schools with more modest endowments are in a more precarious position, because a single bad investment may threaten the very survival of the institution.

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February 19, 2010

Federal Home Loan Bank Sues Securities Firms to Recover Subprime Losses

The Federal Home Loan Bank of Seattle has filed 11 lawsuits against an array of Wall Street banks, seeking rescind $4 billion of mortgage-backed securities with interest, according to a Feb. 16 Wall Street Journal article by Nick Timiraos, “Home Loan Bank Sues Wall Street Firm.” The lawsuits were filed in late December in King County Superior Court in Washington. A spokeswoman for The Federal Home Loan Bank of Seattle said the institution had "a responsibility to its member shareholders to enforce its rights."

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February 18, 2010

Are Investors Being Adequately Informed about the Risks of Target Date Mutual Funds?

The Wall Street Journal reported that the Securities and Exchange Commission will begin examining the marketing of retirement products known as target-date mutual funds. “SEC to Examine Marketing of ‘Target Date’ Funds,” Feb. 6, 2010, by Fawn Johnson.

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February 17, 2010

Beware the Hidden Risks of Exotic Exchange Traded Funds ("ETFs")

Sellers of exchange traded funds are pandering to the latest investment fad and putting investors at peril, according to David K. Randall in his March 1 Forbes article, “Rearview ETFs.”

They are taking advantage of an unfortunate quirk of human nature, which leads investors to chase last year’s hot sector in an effort to replicate eye-popping returns. This phenomenon is so well-known that it even has a name: "recency," the tendency to assume the near future will look a lot like the recent past. Unfortunately, recency often leads investors to climb into hot sectors just as they're cooling, according to the article.

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February 15, 2010

Charles Schwab Confirms Trend of Brokers Breaking Away from Major Firms

Charles Schwab Corp. added a record number of independent investment advisors in 2009 as thousands of brokers left Wall Street firms, like Bank of America, Merrill Lynch, and Morgan Stanley Smith Barney, to launch their own investment advisory firms. See Reuters “Schwab says ‘breakaway broker’ trend has legs,” by Joe Rauch, Jan. 25.

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February 13, 2010

What Are Exchange Traded Funds?

What is an exchange traded fund? John Waggoner explains in his Feb. 12 column in USAToday, “What the heck are ETFs? It’s complicated.” Waggoner is USA TODAY's investing columnist, and formerly was senior editor at The Independent Investor, then the nation's third-largest investment advisory newsletter.

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February 11, 2010

Exchange Traded Funds ("ETFs") Can Carry Hidden Risks

Ordinary (i.e., unleveraged) exchange traded funds or ETFs are supposed to be lower-risk cousins of closed-end mutual funds, but some of them are just as risky as closed-end funds, and for the same reasons, according to a recent Wall Street Journal article by Eleanor Laise, “Risks Lurk for ETF Investors.”

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February 9, 2010

Surprise - Brokerage Industry and SEC Chairman Advocate Less Protection for Investors

Brokerage industry lobbyists and SEC Chairman Mary Shapiro are trying to change draft legislation to water down duties owed by brokers to customers. Specifically, they are trying to persuade the Senate Banking Committee to eliminate provisions in a draft bill that would require brokers who provide investment advice to act in the best interest of their clients – that is, to act as fiduciaries. See Sara Hansard’s Feb. 7 InvestmentNews article, “Consumer groups say brokers may dodge fiduciary requirement.”

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February 8, 2010

FINRA Lays Off Senior Enforcement Personnel At The Very Time They Should Be Needed The Most

On January 11, 2010, the Financial Industry Regulatory Authority (FINRA), which is the so-called self-regulatory organization responsible for regulating brokerage firms’ sales practices, laid off five senior enforcement officials, according to a recent Wall Street Journal article by Suzanne Barlyn. They include Katherine Malfa, vice president and chief counsel of enforcement with nearly 20 years of service; Rory Flynn, vice president and chief litigation counsel; Evan Rosser, vice president of strategic planning, and Michael Armelin, an assistant director in the enforcement department, according to the article. The fifth enforcement official, from FINRA's New York office, wasn't identified.

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February 5, 2010

A Glimpse at How Extensive Investor Abuse Has Been on Wall Street in Recent Years

The State Street Corporation’s recent settlement with the SEC provides a startling example of how large Wall Street firms abused their customers’ trust during the recent debacle in the financial markets. Simply stated, State Street hid important facts from most investors while secretly taking action to protect its own interests and those of a few select clients. Specifically, State Street told a few preferred investors in 2007 that one of its bond funds was almost entirely invested in subprime mortgage securities, allowing them to get out before the fund blew up. Simultaneously, other State Street customers were kept in the dark, costing them hundreds of millions of dollars.

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February 4, 2010

Some Short Term Bond Funds Carry Big Risks

Investors have been moving out of money-market funds into short-term bond funds, and while short-term bond funds are considered to be relatively safe, beware, says Tom Lauricella in his recent article in the Wall Street Journal, “Short-Term Bonds May Disappoint Investors This Year.”

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February 2, 2010

Failures in Financial Regulatory System Allowed Wall Street Firms to Run Wild

FDIC Chairman to Congress: Regulators failed in their responsibilities to protect investors from the 2008 financial crisis.

Urging stricter oversight, Federal Deposit Insurance Corp Chairman Sheila Bair told Congress' Financial Crisis Inquiry Commission: "Not only did market discipline fail to prevent the excesses of the last few years, but the regulatory system also failed in its responsibilities," she said. "Record profitability within the financial services industry also served to shield it from some forms of regulatory second-guessing," Bair told the commission. Regulators were afraid "to take away the punch bowl.”

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February 1, 2010

Teachers Sue to Recover Variable Annuity Losses

Public school teachers have filed a class action lawsuit against The Variable Annuity Life Insurance Co., known as VALIC, according to a recent article in InvestmentNews by Darla Mercado. The teachers are suing on behalf of all individuals who bought a VALIC deferred annuity after Jan. 1, 1974, in order to fund a qualified retirement plan.

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January 31, 2010

Page Perry's Market Monitor - January 29, 2010

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 10,173 and, on Monday rose 24 points.

• On Tuesday, the Dow Jones Industrial Average fell 3 points.

• On Wednesday, the Dow Jones Industrial Average jumped 42 points.

• On Thursday, the Dow Jones Industrial Average plunged 116 points.

• On Friday, the Dow Jones Industrial Average fell 53 points and closed the week at 10,067.

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January 29, 2010

Evidence Against Securities America Mounts in Medical Capital Cases

The Massachusetts Securities Division recently filed a complaint against Securities America related to its private offerings of Medical Capital Notes. The collapse of the Medical Capital investments has left investors nationwide in the hole to the tune of about $1 billion.

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January 28, 2010

Have Municipal Bonds Become High Risk Investments?

According to Don Schreibner Jr., they have. See his Jan. 3, 2010 InvestmentNews article, “It’s time to sell municipal bonds.” Mr. Schreibner is president and chief executive of WBI Investments, a money management firm.

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