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Galleon to shutter its hedge funds, is anyone surprised?

On Wednesday, Galleon Group founder Raj Rajaratnam told employees via letter that the company is going to wind down all of its hedge funds. In a Wall Street Journal article (subscription required), a person familiar with Galleon said that one of the alternatives the company is exploring is selling out to another firm.

These alternatives were approached by Rajaratnam in his letter, as he told employees that it is "in the best interest of our investors and employees to conduct an orderly wind down of Galleon's funds while we explore various alternatives for our business."

Continue reading Galleon to shutter its hedge funds, is anyone surprised?

Bernie Madoff expresses surprise at how long his scheme lasted

So, here's one for you -- according to Joseph Cotchett (a lawyer for some of Bernie Madoff's victims), Bernie Madoff is surprised that his Ponzi scheme lasted as long as it did. The revelation came during a 4.5 hour interview, wherein Madoff revealed how the scheme worked and how securities regulators didn't catch him. Madoff did apologize, repeatedly, for the harm he caused victims.

The most interesting part of the interview is when Madoff described meetings with the Securities and Exchange Commission (SEC) while he was committing the fraud and how the SEC was unable to catch him, which didn't surprise him. These comments lead Cotchett to theorize that "many people" were negligent, including the government watchdog agencies. Let's not forget that the SEC has seen no evidence of wrongdoing by its staff as far as the Madoff situation is concerned. Nevertheless, the SEC has undergone many changes in order to continue to protect investors and the market.

Continue reading Bernie Madoff expresses surprise at how long his scheme lasted

Madoff bean-counter pleads not guilty

David Friehling is only the second person to face criminal charges in the Bernard Madoff debacle. He served as Madoff's auditor from 1991 to 2008, though it's hard to say if they'll resume their relationship as cellies. For now, Friehling has only been charged (innocent until proven guilty, and such) with securities fraud, abetting investment adviser fraud and filing false reports with the SEC. On five of the six charges filed, he faces a 20-year maximum.

It's alleged that Friehling didn't conduct "meaningful" audits while in Madoff's employ, despite issuing reports saying that he'd done his job -- which paid close to $15,000 a month (no work for big pay . . . where do I sign up?). In particular, he's said to have not bothered to verify Madoff's business assets, revenue sources or bank accounts. This is no-brainer stuff for an auditor.

Continue reading Madoff bean-counter pleads not guilty

Did the New York Fed Chairman engage in inappropriate behavior with Goldman Sachs?

Reports have surfaced from Wall Street about the relationship between the Federal Reserve Bank of New York and Goldman Sachs (NYSE: GS). Before we go into the relationship, let's take a look at what has taken place at GS thus far.

Late last year, GS received rather quick approval to become a bank holding company and received an injection of $10 billion in capital soon after the approval. There is nothing suspicious about this relationship, until you learn that the New York Fed's chair Stephen Friedman was on GS's board at the time -- and held a large amount of GS stock. Flat out, this is a violation of the Fed's policy.

Continue reading Did the New York Fed Chairman engage in inappropriate behavior with Goldman Sachs?

Is Swiss banking a criminal enterprise?

It doesn't take much imagination to see that banking could be a bit of a scam on the public. But to keep that scam going it takes big buildings, plush offices, corporate jets, complex product names . . . and a veil of secrecy. Secrecy is important because without it, the mystique is lost. And by mystique, we're sometimes talking about illegal money-making schemes.

That's what Switzerland's premier bank, UBS AG (NYSE: UBS) got caught running. And after forking over $780 million to U.S. authorities, it will have made only a small down payment on paying its penalties to society. How so? UBS is going to turn over the names of its clients to the U.S., which marks the end of a centuries-old franchise for Switzerland -- the inviolate secrecy of the Swiss bank account.

Continue reading Is Swiss banking a criminal enterprise?

Would Michael Phelps's compromising picture mean less sponsorships?

Maybe you have heard, maybe you haven't. Olympic hero and NBC posterboy Michael Phelps got caught in flagrante delicto with a marijuana pipe at a party after the Olympic Games had completed. So, of course his sponsors are jumping ship left and right to distance themselves from this scofflaw, right? Wrong ... and somewhere, Cheech and Chong are smiling.

It appears that the sponsors are going to stand by their man, from Speedo to Parenting magazine. In fact, Visa (NYSE: V) came out Tuesday and stated that it supports Phelps despite his little misstep. According to Visa, the company has "spoken with Michael and he has expressed regret for the situation, has committed to being accountable and improving his judgment in the future ... We intend to support him as he looks to move forward."

Continue reading Would Michael Phelps's compromising picture mean less sponsorships?

Kroger (KR) issues a beef recall following reports of E. coli

If you are a Kroger (NYSE: KR) shopper and you think that you may have picked up some beef from the grocer recently, you may want to take a closer look at it, as reports of E. coli have prompted a recall from the grocery chain.

The recall involves beef products that were purchased between May 21 and June 8 in Michigan, and parts of the Ohio market. Kroger was forced to take this action following reports that there had been E. coli illnesses linked to beef sold in Kroger stores in the two locations.

So far, it looks as though there have been 19 reported cases in Michigan, and another 15 cases reported in the state of Ohio that can be linked back to the Kroger beef. The meat in question has been traced back to a Kroger store in Gahanna, a town in central Ohio. It does not look as though any stores in Michigan have definitely been linked to the tainted meat, but since there are reported cases of the disease in the area, you should definitely return any beef that you purchased from Kroger during the time frame in question.

Continue reading Kroger (KR) issues a beef recall following reports of E. coli

Dirty traders scare away hedge fund investors

Ever wonder how hedge fund managers get to become hedge fund managers? It'd be pretty interesting to have $1 billion at your fingertips to try and make some loot.

Portfolio.com has an interesting article today entitled, "Digging Up Dirt on Fund Managers", which explores the people behind the computers in the hedge fund industry. Based upon a recent survey published by the Greenwich Roundtable and Quinnipiac University, researchers claim that almost 82% of investors in hedge funds have decided not to invest with a manager because of allegations of unethical behavior. (See my recent post about a leading hedge fund manager facing time.)

In an industry that is supposedly driven by hard, cold numbers and return on investment, it's interesting to see how when you get down to it, managing money is still built on trust. The same article quotes Steve McMenamin, executive director of the Greenwich Roundtable, a non-profit research group for investors in alternative assets, as saying, "These fund structures are based on trust. If there's even a hint of impropriety, investors tend to shy away."

Interesting findings indeed.

Zack Miller is the Managing Editor of IsraelNewsletter.com and a former equity analyst for a leading multinational hedge fund.

What Jerome Kerviel demonstrated, MIT proves

Societe Generale logo Interesting article this week in the MIT Technology Review (OK, so I don't understand most of it, but I still aspire to be a geek) in the wake of the trading losses announced by Société Générale at the hands of rogue trader Jérôme Kerviel.

Last week, the French bank disclosed the $7.2 billion loss. In the wake of the disclosure, Bank of France chairman Christian Noyer declared to a French senate finance committee, "None of the controls within Societe Generale seem to have worked as they should have."

Interviewed in the article
, MIT's Andrew Lo, head of the university's Laboratory of Financial Engineering, said that given the fact that all software systems have a human interface, "I would argue that it is impossible to prevent these disasters with 100 percent certainty."

Continue reading What Jerome Kerviel demonstrated, MIT proves

Societe Generale trader Jerome Kerviel may face criminal charges

handcuffsProsecutors investigating the fraudulent trading scandal involving Jérôme Kerviel and his antics at French bank, Société Générale, have determined there is strong evidence that a crime has been committed and are asking for preliminary charges to be filed. The filing of preliminary charges by a judge would clear the way for investigators to dig deeper into the matter to determine if the case shall be dropped or continue on to trial.

Defense attorney Elisabeth Meyer, speaking on behalf of Kerviel stated that he is being "thrown to the lions before being able to explain himself." Defense attorneys believe that Kerviel is being made a scapegoat in the wake of losses tied to the U.S. sub-prime mortgage meltdown. They claim that Kervial was just trying to be an exceptional trader. Too bad he couldn't have accomplished that above board.

The bank's CEO, Daniel Bouton rejects the notion that Kerviel is being used for cover. He called the idea "stupid", declaring that you can't "hide a hole by another hole." I would tend to agree with that thinking. The judge's pending approval of the filing of charges could clear the way to proving that Kerviel did indeed act with fraudulent intent. It is of no consequence whether or not Kerviel sought personal gain through his alleged misdeeds. It is of no help to him if he thought his actions were noble. What matters here is that he seems to have acted independent of the rules and then sought to cover his tracks in doing so.

Ex-Daewoo chief gets amnesty

Celebrating New Year's Eve, South Korea granted amnesty to 75 politicians and businessmen, including the former chairman of Daewoo Group, Kim Woo-choong.

Kim Woo-choong was sentenced by a Seoul appeals court on Friday November 3, 2006 to eight and a half years in prison. The founder and former chairman of collapsed conglomerate Daewoo, who was sentenced for embezzlement, accounting fraud, illegal financing and diverting funds out of the country, was pardoned under the presidential amnesty. For the others, South Korea reduced sentences or had suspended rights restored.

The end of Daewoo Group was the 1997-98 Asian financial crisis which came with massive debt for the company. During that crisis, South Korea's government was forced to accept a $58 billion International Monetary Fund bailout.
Back during that period, Detroit-based General Motors Corp. (NYSE: GM) didn't miss the opportunity to buy a major stake in Daewoo Motor to create GM Daewoo in 2002.

Continue reading Ex-Daewoo chief gets amnesty

Money Losers of 2007: Marion Jones is last out of the blocks

Marion Jones Could there be any worse fate for an Olympic level athlete than to be stripped of their statistics and medals? Yes, there could be worse things. Just ask former Olympic track star Marion Jones which is worse, losing your medals or being forced to tell your mother you have to sell her house.

Are these professional quality athletes really so stupid as to believe that if they get pinched for using banned performance enhancing drugs they'll get away with just a slap on the wrist? I don't think it's that simple. I'm sure that Marion Jones knew what she was doing was seriously wrong and I feel certain that she knew if she got busted, the truth would come with a very high price. Now, amid all the investigations and scandal, she's finding out just how high priced skirting the truth can really be.

For her misdeeds, Marion Jones has been required to forfeit all five of her medals from the 2000 summer Olympics and has been told to repay approximately $700,000 of her prize money. All of her standings and statistics beginning at September 1, 2000, shall be red-lined in the record books and her medals from other competitions have been taken away also.

Continue reading Money Losers of 2007: Marion Jones is last out of the blocks

Should Wal-Mart settle Roehm lawsuit?

As Wal-Mart Stores Inc. (NYSE: WMT) turns to late-night TV to try to boost its image, the Julie Roehm scandal continues to produce negative publicity, regardless of whether Ms. Roehm is telling the truth. A few days ago, Bloomberg reported that the company was facing a lot of pressure to reach a settlement with Roehm, and put an end to the rumors and innuendo.

Last month, Roehm called for the departure of CEO Lee Scott and others she accuses of violating the company's ethics policy. Some worry that a continuation of the battle with Ms. Roehm could lead to more damaging allegations which, regardless of their verity, could further harm the company's reputation.

In retrospect, there's almost no question that Wal-Mart should have settled the suit months ago, when Roehm was seeking approximately $1.5 million in salary and punitive damages. But now that the issue has been grabbing headlines for so long, a settlement could be seen as an admission of wrongdoing, and could generate even more negative publicity.

At this point, Wal-Mart is in a tough position. If Scott and others truly believe they're innocent of any wrongdoing, is it better to let the legal process run its course, regardless of the headlines generated in the interim? Would a settlement put an end to the negative publicity?

The issue really seems to hinge on what else Ms. Roehm has up her sleeve. If accusing Scott of buying a ring from a vendor was all she's got, then they may not want to settle. But if there's more to come in subsequent legal filings, a settlement is probably in the company's best interests.

Backlash building against rich executives

On Sunday, 60 Minutes profiled Dennis Kozlowski, former Tyco International Ltd (NYSE: TYC) head who built Tyco from nothing into one of the largest conglomerates in the US. That is not an exaggeration, that is pure fact. Now he is in jail. There is little if any evidence that Kozlowski commited any crime, but a trial held by his peers concluded to put him away. He may have gotten paid a lot of money and had a nice expense account; but illegal? No.

Yesterday, David Stockman, Reganomics wunderkind was indicted for allegedly defrauding investors while being an investor and chairman of Collins & Aikman Corporation (OTC: CKCRQ), the auto-parts maker. The unions are going after him.

In January, Home Depot Inc (NYSE: HD) canned CEO Robert Nardelli. While there were serious questions about the strategic direction of the company, supposedly the final straw came down to his compensation. He would not scale back his compensation package so he was gone. New CEO Blake has suggested the political backlash of Nardelli's pay package was too much to handle.

No matter how much you read and analyze the history of business, it always comes back to two forces: capital and labor. The 1980s and 90s were periods for capital to earn its due. With labor markets getting tighter and tighter, it is time for workers to earn their due.

This is not a coincidence that Kozlowski, Stockman and Nardelli are all in the headlines. Labor is saying it is time we run things for a while. This shift tends to go in 20 year cycles, so this is just the beginning. Portfolios need to be adjusted for labor spending and saving more money. Instead of owning Wal-Mart Stores Inc (NYSE: WMT), start looking at Tiffany & Co (NYSE: TIF).

CEO scandal? No worries, says Cramer: buy KB Homes

Options backdating scandals have felled many a tech CEO, and KB Home (NYSE:KBH) had the unlikely distinction of being an unlikely choice for an options backdating scandal. The company's CEO, Bruce Karatz, resigned today over stock options misdeeds. Jim Cramer (among others) didn't mourn him much, however, and said it's actually a good thing. Cramer says you have to go buy shares of KBH, because as the options scandal pressures a stock down, then it inches up, and then on the resolution of the scandal you must buy. With the CEO resigning, that is now out of the way.

Cramer said that even if you back-date options you have to think you are looking out favorably on the company down the road anyway. If a CEO was willing to take stock over cash then you should be inclined to take his lead. He thinks at 1.25 times book value that is a very cheap price. It has almost no debt. It could be a takeover target because it is so cheap. Cramer thinks private equity buyers could do it, or even a Lennar Corporation (NYSE:LEN).

KBH is widely and wrongly perceived as a California and Las Vegas homebuilder, but that isn't the whole truth, says Cramer. California is now 31% of sales and the company builds homes in 13 states. When California comes back, so will KBH. It also builds award-winning neighborhoods. He said he didn't like it when the shares were super-high, but now closer to lows he likes it.

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Last updated: November 10, 2009: 02:58 AM

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