Yesterday I wrote about mutual funds at risk because of the mortgage mess. In response one of my readers (thanks Gary!) alerted me to an article in Fortune talking about how the safest of investment vehicles -- money market funds - are caught up in the SIV problem. Again Bank of America (NYSE: BAC) comes to the top of the pack as hosting some of the riskiest investments for its investors through Columbia Cash Reserves Fund. Fortune reported that as of Oct. 12 this fund has about $640 million in Cheyene Finance, an SIV in trouble.
When I took a look at its most recent report to shareholders (Feb. 28,2007), I found Columbia Cash Reserves Fund had five of the biggest SIVs in its portfolio including Cullinan (HSBC Bank), K2 (Dresdner), Sigma (Gordian Knot), Links Finance (Bank of Montreal) and Sedna (Citibank International). In addition to these five, the other major SIVs are Centauri, Beta Finance and Five Finance -- all managed by Citibank (NYSE: C) - Tango Finance managed by Rabobank International and Victoria Finance managed by Ceres Capital Partners.Two other players with money market funds tied to SIVs that were mentioned by Fortune were Fidelity's money market funds, which hold about $7 billion of its $305 billion in SIV debt, and J. P. Morgan Chase's (NYSE: JPM) Prime Money Market Fund, which holds about 5% of the assets in that fund in SIVs. SIVs held by Fidelity's money market fund include Asscher Finance, Beta Finance, Centauri Corp. Dorada Finance, Cullinan Finance, K2 Finance, Links Finance and Nightingale Finance, as of Sept. 30, 2007.
People use money market funds as though they were as good as a cash savings and they depend on the value of those funds to remain the same: always $1 for $1 plus interest earned. These types of funds should never be used for risky investments. While I believe there is at least one money market fund in the distant past that returned less than originally invested, that hasn't happened with a money market fund in years. Hopefully this SIV mess won't lead to the first time in recent history.
Check the assets of your money market fund and be sure it's not holding a lot of the SIVs in trouble.
Lita Epstein has written more than 20 books including, "Trading for Dummies" and "Reading Financial Reports for Dummies."










Reader Comments (Page 1 of 1)
10-26-2007 @ 3:58PM
Jill Schottenstein said...
Money buys lawfirms and X Judges why not opinions?
Final Rule:
Retention of Records Relevant to Audits and Reviews
Securities and Exchange Commission
“Retention of Records Relevant to Audits and Reviews Securities and Exchange Commission.”
Final rule."
” We are adopting rules requiring accounting firms to retain for seven years certain records relevant to their audits and reviews of issuers’ financial statements. Records to be retained include an accounting firm’s workpapers and certain other documents that contain conclusions, opinions, analyses, or financial data related to the audit or review.”
As MI Homes, claims to do their own tax’s, all of you the shareholders (19 banks)are responsible…
please show all the investors, and shareholders the books… THE NAHB are directly involved in this company, bought and paid for by Robert and Steven.
Click here: http://nationalhousingendowment.com/files/news/Blueprint%20Archive/Winter%202006%20issue.pdf
On August 6, 2007 George Bundy Smith signed a brief submitted for Respondent Steven Schottenstein. On that day he swore on his 14 years as an experienced Judge,lawyer for the lawfirm of Chadbourne & Parke LLP. his entire career as a Judge of the highest court of the states.
He had a relationship with the chief Justice the Hon. Chief Justice Judith Kaye, of the States highest court.(exhibit Q)
It could be questioned why George Bundy Smith took this case was it for political gain or just the paycheck?
It cannot be questioned that he broke the rules of the First Appellate Dept. when he approached the esteemed panel of Judges including none other the Head Judge Jonathan Lippman to speak to the Judges in his own language.(exhibit Q)
He did so unquestionably to sway and distort the outcome of a young girls life that now suffers from SLE LUPUS.
The total improper behavior and appearance of impropriety that existed when George Bundy Smith walked to the podium and introduced pro hac vice attorney Barry Wolinetz, had the same affect as the speech that Chief Justice Judith Kaye gave the day of December 13, 2005. There is no mistake he had MOTIVE, INTENT, and acted to PREJUDICE my case!
New York county Lawyer Outstanding Women of the bar. NYCLA launches new initiatives 2005 (exhibit Q)
The Hon Hiliary Rodham Clinton US Senator from NY was the evenings keynote speaker, the Hon, Judith S. Kaye, Chief Judge of the State of the NY received the William Nelson Cromwell Award for her unselfish service to profession and community.” (exhibit Q)
Click here: http://www.nycla.org/siteFiles/Publicati…
Defendant’s attorney George Bundy Smith(exhibit H) signed a reply brief on August 6, 2007 stating he swore under penalty of perjury all statements were true. He knew there was no support order. He also knew as a partner at Chadbourne & Parks LLP, that his associates Jennifer P. Wilson and Thomas E. Riley, had entered a Memorandum in support of defendant M/I Homes .Inc’s motion to dismiss on August 23, 2004(exhibit I). In this memorandum is stated “Mr. Schottenstein’s purported “confinement: of Plaintiff was “solely to cause both mother and daughter anxiety over plaintiff’s disappearance in furtherance of a litigation tactic to punish plaintiff mother for leaving Mr. Schottenstein and challenging him in court.” Plaintiff’s so-called confinement was not related to any conduct by or on behalf of M/I Homes, but to conduct her father allegedly undertook soley for personal reasons.” “ Under both New York and Ohio law a plaintiff asserting a common-law claim for false imprisonment must establish that the defendant intended to confine the plaintiff that the plaintiff was conscious of the confinement and did not consent to the confinement, and that the confinement was not otherwise privileged.” Martinez v City of Schenectady, 97 N.Y. 2d 7B, 85, 735 N.Y.S.2d 868 (2001); Fryverson v Ohio Dept. of Rehab. And Corr. 120 Ohio Mics. 2d 50, 52 778 N.E. 2d 153, 155 (Ohio Ct. Cl.2002) “ The offense of false imprisonment occurs when a defendant acts to confine one intentionally without lawful privilege and against his consent within a limited area for any appreciable time, however short” aff’d No. 02AP-1216. 2003 WL 21234932 (Ohio App. 2003)
9. Page 9 of Defendant’s Reply brief state the following; (exhibit J )
“The reasons Sarah gave for moving to New York should be taken as a complete list of all her reasons.” Here are the reasons she gave:
1) She could not bear to live with her father.
2) Her father said he was going to hurt her.
3) Her father said he would never pay child support.
4) Her father said she would never see her mother again.
5) Her father interfered with her medical treatment.
6) Her father grabbed her once when she was 15.
7) Her father yelled a lot.
8) She did not feel safe.
9) She was not treated like a daughter or a person.
10) Her father sent her to a delinquent camp.
10. George Bundy Smith states clearly that Steven placed Sarah in a delinquent camp. His partners at Chadbourne agree with him that he took her to this delinquent place against Sarah’s will and state this is a crime. (exhibit I)
Sarah herself testified to the following:
11. Sarah's sworn testimony on November 16, 2005, included the following:
“In 2001 my father . . . locked me up. He sent me to a delinquent camp and psych ward where in the delinquency camp they ship people off to Mexico and the people are in handcuffs and if I was sent there I’m sure no one would have ever found me.” (A. 253 lines 16-24)
“I left Ohio because I couldn’t bear another day living there. I was afraid to stay. Before I left my father said he was going to hurt me. He said actually- I know we’re here today for child support but he told me he’ll never pay child support and he told me he never wanted me to see my mother again and he wanted her locked up in jail.” (A. 243 lines 17-23)
(This case is now up for Appeal & reargument, its up to you the public what happens to future children in this country)
First Dept. Appellate Court NYC 1512, 1513
F-3279/04
Click here: Chadbourne & Parke Files Pro Bono Lawsuit Against New York State To Increase Judicial Salaries
Chadbourne & Parke Files Pro Bono Lawsuit Against New York State To Increase Judicial Salaries
NEW YORK, Sep. 12 /PRNewswire/ --
NEW YORK, Sept. 12 /PRNewswire/ -- The international law firm of Chadbourne & Parke LLP announced today that it has filed a pro bono lawsuit on behalf of four New York judges against Governor Eliot Spitzer, the New York Senate, the New York Assembly and the State of New York to force the state to raise judicial salaries and to award back pay through 2000.
George Bundy Smith, who served for 14 years as an Associate Judge on the New York Court of Appeals before retiring in September 2006, said that the failure to provide pay raises was "disgraceful," and a form of attack on an independent judiciary.
"The concept of judicial independence goes back to the founding of our country," explained Mr. Smith. "By connecting judicial salaries to legislators' salaries and to political issues of the executive and legislative branches, the state undermines the independence of judges."
10-30-2007 @ 2:19PM
Jill Schottenstein said...
What is Don Garlikov's connection to Thomas Rogers and DELOITTE?? Should Deloitte be replaced by an "INDEPENDENT ACCOUNTING FIRM THAT AUDITS BOOKS RATHER THAN SUPPLIES UNAUDITED BOOKS?
Donald E. Garlikov
"A subsequent position in a closely held life insurance operation introduced me to the life insurance industry as well as the issues and the perspective of entrepreneurs and closely held business owners."
"Securities offered through GA FINANCIAL, INC.,"
"Thomas J. Rogers, CPA, CFP® is President and Chief Executive Officer for all AM&M divisions. Prior to joining AM&M in 1998, he was tax manager for Deloitte & Touche, where he specialized in personal, estate and fiduciary taxation. He provided detailed reviews of corporate, partnership and personal tax returns and also implemented business succession plans for closely held businesses."
Website: www.ammfinancial.com"
What: "M/I Homes, Inc. Announces Third Quarter 2007 Earnings WebcastWhen: October 30, 2007 @ 4:00 p.m. EasternWhere: http://www.mihomes.comHow: Live over the Internet -- Simply log on to the web at the address
above.Contact: Phillip G. Creek, Chief Financial Officer of M/I Homes, Inc.,
pcreek@mihomes.com,"
11-09-2007 @ 1:27AM
Jill Schottenstein said...
"Giuliani Ally Kerik Reportedly Indicted"
"The charges include mail and wire fraud, tax fraud, making false statements on a bank application, making false statements for a U.S. government position and theft of honest services, the person said."
: Official Says Ex-Giuliani Ally Is Indicted - AOL News
White House counsel says information Conyers seeks is off-limits to lawmakers
"WASHINGTON (AP) -- House Judiciary Committee Chairman John Conyers exhorted the White House Monday to comply with subpoenas of President Bush's key confidants in connection with a probe of U.S. attorney firings.
Rep. Conyers has asked that the White House reply by the end of the week."
1) MICHAEL HARKINS, SECRETARY OF STATE OF THE STATE OF DELAWARE DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER OF " M/I SCHOTTENSTEIN HOMES, INC." AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY NINTH DAY OF JUNE, A.D. 1998, AT 9 O'CLOCK A.M.
AUTHENTICATION
DATE 06/29/1998
CERTIFICATE OF THE SECRETARY OF M/I SCHOTTENSTEIN HOMES, INC. (A DELAWARE CORP)
I, KERRII B ANDERSON, THE SECRETARY OF M/I SCHOTTENSTEIN HOMES, INC, HEREBY CERTIFY THAT THE AGREEMENT AND PLAN OF MERGER CORP. TO WHICH THIS CERTIFICATE IS ATTACHED, AFTER HAVING BEEN FIRST DULY SIGNED ON BEHALF OF THE CORP. BY THE PRESIDENT, WAS DULY APPROVED AND ADOPTED AT A MEETING OF THE STOCKHOLDERS OF M/I SCHOTTENSTEIN HOMES, INC.,HELD ON JUNE 28, 1990, BY THE HOLDERS OF A MAJORITY OF THE OUTSTANDING STOCK ENTITLED TO VOTE THEREON.
WITNESS MY HAND AND THE SEAL OF SAID M/I SCHOTTENSTEIN HOMES INC. THIS 28TH DAY OF JUNE,1990.
Click here: http://www.delawareonline.com/newsjournal/local/2004/03/pdf/0322.harkins.pdf
Click here: www.delawareonline.com : The News Journal : LOCAL : Bridge officials spent $1 million from tolls on trips, social
D O C U M E N T S
03/23/2004
Read Michael E. Harkins' indictment
05/31/2003
DO NOT DESTROY WITHOUT PRIOR AUTHORIZATION FROM ERIC WITIW, OFFICE OF GENERAL COUNSEL, WASHINGTON D.C. CONFIDENTIAL DT 0079 M/I SCHOTTENSTEIN HO DESCENDANTS TRUST TAX WORKPAPERS TAX CLM12480561 (98)
DELOITTE
MARCH 29,2007
DEAR MR. FISCHER, ESQ.
RE: IN RE TRUST ACCOUNTING OF NORTHFORK BANK/SUBPOENA TO DELOITTE & TOUCH LLP.
I WRITE REGARDING THE "SO ORDERED" SUBPOENA ADDRESSED TO DELOITTE TAX L.L.P.
(DELOITTE TAX) IN THE ABOVE-REFERENCED MATTER. PURSUANT TO THE ORDER, ENCLOSED ARE MATERIALS NUMBERED D/T ... THE MATERIAL HAVE BEEN REDACTED WHERE NOTED TO REMOVED UNRESPONSIVE INFORMATION.
ERIC P WITIW
ASSISTANT GENERAL COUNSEL
"Special Agents with the Internal Revenue Service conducted the investigation. Department of Justice Tax Division Trial Attorney Eric Witiw handled the prosecution."
Man pays for BWC loss
Director of hedge fund convicted, could get 20 years for fraud in loss of $216 million
Wednesday, October 31, 2007 3:46 AM
By Mark Niquette
THE COLUMBUS DISPATCH
"Mark D. Lay must forfeit $590,526 that was paid to manage the Bureau of Workers' Compensation fund"
AKRON -- Mark D. Lay once was a rising star in the high-powered investment world, running a firm that managed more than $4 billion in assets and making frequent appearances on CNBC.
Yesterday, a federal jury found him guilty of fraud in the loss of $216 million of Ohio Bureau of Workers' Compensation money in a Bermuda-based hedge fund that Lay's MDL Capital Management of Pittsburgh managed.
Lay, 44, of Aliquippa, Pa., sat back in his chair and held his head in his hands briefly as the guilty verdicts were read on charges of investment advisory fraud, conspiracy to commit mail and wire fraud, and two counts of mail fraud.
He faces up to 20 years in prison and a fine, although his attorney expects the prison term will be less based on federal sentencing guidelines. The jury also decided Lay must forfeit $590,526 in fees that MDL was paid to manage the fund.
The jury found that the sometimes-contradictory reports that MDL sent to the bureau in response to questions about mounting losses supported prosecutors' case for fraud, juror Julie Feagain of Akron told The Dispatch.
"We just felt he had too much experience to do that much damage to the fund," she said.
Yesterday's verdict means the work of a federal-state task force that began investigating scandals at the bureau in May 2005 is nearing an end, officials said.
U.S. Attorney Greg White said the task force plans to do an assessment of the investigation during the next few days. Although there are no pending cases after charges have been brought against 22 people, he said "it's fair to say there's more work to do."
"We're towards the end, but we still have some loose ends," Ohio Inspector General Thomas P. Charles said.
Officials declined to comment on possible targets, although Terrence W. Gasper, the bureau's former chief financial officer, testified during the trial that Cleveland-area broker Patrick White offered him bribes in the form of cash and an offer of lifetime employment.
An attorney for White, who has not been charged, has denied the allegations.
Task-force leaders said they were gratified by the guilty verdicts against Lay, especially after another federal jury acquitted two brokers last year who were accused of conspiring to bribe Gasper with the use of a Florida condominium.
Charles also noted that although most of the attention has gone to Thomas W. Noe, convicted of stealing $13.7 million from a $50 million rare-coin fund he managed for the bureau, the amount of the MDL investment was more than four times as large.
Lay's MDL began managing a conservative bond fund for the bureau in 1998, but in 2003 Gasper approved shifting money to the offshore hedge fund as a way to offset any losses in the bond fund if interest rates rose as expected.
Gasper also testified that White pushed for the fund because he would make money executing trades -- and that prominent Cleveland Democrat George L. Forbes, who was a member of the bureau's Oversight Commission and whose daughter worked for MDL, also supported the investment.
Lay's attorneys argued that the hedge fund lost money when interest rates did not go up, but that the strategy was sound and that Lay was being made a scapegoat for a legitimate investment loss that wasn't a crime.
But prosecutors portrayed Lay as a liar and a cheat, saying he tried to hide that he far exceeded the risk limits established for the investment and turned what would have been just a $2 million loss into the $216 million shortfall by the end of 2004.
The jury did not grant prosecutors' request to require Lay to forfeit nearly $1.7 million in fees paid to MDL, settling on 35 percent of that amount based on a document that showed Lay owned that percentage of MDL, Feagain said.
Richard M. Kerger, one of Lay's attorneys, said he was "stunned" by the verdict and will appeal if a motion to set it aside is denied. Kerger said he thinks it may be the first such prosecution of a manager of a hedge fund, known for being risky and loosely regulated. He also argued that the court, not the jury, should have decided two key elements: whether the bureau or the hedge fund was Lay's client, and whether Lay had what's known as a fiduciary duty to the bureau. (Critical)
"It could simply be the amount of the loss," Kerger also said. "$216 million is a lot. Someone's got to answer."