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.

State Street Corp. (NYSE: STT) said today that its State Street Bank & Trust Co. unit received a Wells Notice from the Securities and Exchange Commission (SEC). The notice, which indicates that civil charges may be brought against the company, relates to disclosures and management of certain fixed-income strategies during 2007 and previous periods.

Some investors have accused State Street of misleading them about the risks involved in mortgage-related investments. A legal reserve fund worth $625 million was established in 2007 to cover investor claims, and $418 million has already been paid out. The firm says it is currently cooperating with the SEC, as well as state and other regulators.

Hedge fund manager Michael Regan has pleaded guilty to running a Ponzi scheme. Manager of the Massachusetts-based River Stream Fund, he admitted to defrauding around 70 investors. The fund held just shy of $20 million in assets ... despite the relatively meager $101,600 sitting in its accounts. The fund purported to return 20 percent a year since 2001, paying out $9 million in "profits" and returned capital.

Matrixx Initiatives (NASDAQ: MTXX), maker of the allegedly scent-stealing Zicam nasal swabs, tumbled to a new annual low this morning on news that the Securities and Exchange Commission (SEC) is launching an informal inquiry. The SEC is requesting documents and other information regarding the warning letter issued to Matrixx by the U.S. Food and Drug Administration.

Last week, the FDA told consumers to stop using certain nasally administered Zicam products after the agency received more than 130 complaints from users who lost their sense of smell. Matrixx has defended its homeopathic, over-the-counter offerings, calling the safety concerns "erroneous," but the firm settled hundreds of lawsuits in 2006 with consumers making the same allegations.

Pequot Capital Management is coming to an end, closing the book on two decades of hedge fund history. Arthur Samberg, at one point the biggest hedge fund manager in the world, is closing the company as a result of a Securities and Exchange Commission (SEC) insider trading investigation.

At its peak in 2001, Pequot had $15 million in assets under management. By November 2008, it was only $4.3 billion ... and $3.47 billion as of May 15, 2009, according to a regulatory filing.

A lot was said this past week in regard to the SEC attack on rumor mongering and willful misrepresentation of facts for the benefit of naked short sellers. One point that I'd like to make perfectly clear is this: The SEC's indicated desire to quash the spreading of false negative information by, and for the benefit of, manipulative short sellers, is nothing even remotely akin to a First Amendment issue. The First Amendment does not give protection to slanderers, liars, and sabotage artists. I'd also like to make clear my opinion that honest short selling is a positive, healthy, and necessary practice. I believe it helps to define and benchmark real value within the markets.

The Los Angels Times reported that SEC Chairman Christopher Cox may have his hands full in the wake of a measure that protects nearly two dozen large financial firms from naked short selling. The measure requires "anyone effecting a short sale in these securities (to) arrange beforehand to borrow the securities and deliver them at settlement." It's a rule that is long over due for enforcement and that shall most probably, at least temporarily, lay to rest some serious market abuses.

If you have an ADR for Japanese electronics giant NEC, save it as a collectible. In light of the SEC's recent decision to revoke NEC's securities registration in the U.S., there will not be any more of those ADRs. NEC ran afoul of U.S. listing requirements when it failed to file annual reports for 2006 and 2007, and improperly booked revenues for 2000-2006. NEC was also the victim of internal fraud when at least 10 emplyees, over a period of several years, booked millions of dollars worth of fraudulent transactions. NEC had no procedures in place to authenticate or track these transactions.

To be fair to NEC, recognizing software sales revenue up front in complicated under GAAP SOP 97-2, particularly when the software is sold as part of a service package that also includes hardware and/or software maintenance. But NEC was responsible for taking steps to see it was not being robbed blind from within. NEC was delisted from active trading on Nasdaq in November 2007. NEC neither accepted nor disputed the SEC decision. The company has also been under investigation by the Tokyo Regional Taxation Bureau. NEC states it has constructed sufficient internal controls to cut back on the potential for internal fraud. Too little, too late. The stock now trades on the pink sheets.

The perceptive and common sense-rooted Ben Stein, in a business column in The New York Times, has weighed-in on the credit crisis, and for market absolutists, it's an argument they probably don't want to hear.

Stein, like many of us, has pondered how the massively well-paid men and women of Wall Street could create such a catastrophe. How did some of the smartest, talented executives, Stein ruminates, generate such immense losses that "they made banks clam up on lending -- at great risk to the economy?"

Compelling questions

Stein asks: Where were the fail-safe devices? The government watchdogs? The ratings agencies? A speech by Greenlight Capital hedge fund manager David Einhorn at a Grant's Interest Rate Observer event, provided the answers -- the unfortunate truths of the recent housing/credit boom -- which Stein summarized:

You can add another item to the list of things the market has to be worried about.

In this month's Portfolio magazine, Michael Lewis wonders if the Black-Scholes formula -- the formula used to calculate and manage risk throughout the financial world, including determining the risk of trade positions and hedging strategies -- is flawed.

The Black-Scholes formula is an advanced mathematical formula generally credited with revolutionizing options pricing. Its assumptions are the basis for short trades and options designed to protect a trader against losses, no matter how much the market falls.

However, as Lewis outlines, while the formula has been good, it is not perfect, as evidenced by the October 1987 stock market crash, when traders and institutions learned that even with Black-Scholes techniques deployed, when the market is crashing and no one is willing to buy, it's impossible to sell short. The outcome? On "Black Monday," the Dow Jones Industrial Average plunged 508 points or 22.6% on October 19, 1987.

Last week, I wrote about the SEC's horrible new rule making it easier for companies to keep outside candidates for director off the ballot.

But after Gary Weiss chastised SEC Chairman Chris Cox and the media for not paying attention, I had to return to the topic. Weiss's comments are right on:

... the media has been comparatively silent over the SEC's capitulation to corporate lobbyists, such as the Business Roundtable and U.S. Chamber of Commerce ... Chris Cox, very much a "politician" as Gretchen points out, is blowing with the wind -- which is an utter indifference to investor rights in the Bush administration.

Bank of America (NYSE: BAC) volatility at 23 into 3Q net income decline of 32% to $3.7 billion. BAC is recently trading at $48.46 in pre-open trading, below Wednesday's close of $50.03. BAC reported Q3 EPS of 82 cents vs. consensus estimates of $1.05. BAC November option implied volatility of 23 is near 26-week average of 21 according to Track Data, suggesting non-directional risk.

Countrywide (NYSE: CFC), a U.S. home mortgage lender, closed Wednesday at $17.35. The Wall Street Journal says "The Securities and Exchange Commission has opened an informal investigation into stock sales by CFC's CEO, according to people familiar with the matter." CFC Chairman, CEO & founder is Angelo Mozilo. CFC is expected to report EPS on 10/26. CFC November option implied volatility of 74 is above its 26-week average of 59 according to Track Data, suggesting larger risk.

Apple (NASDAQ: AAPL) is recently down $1.24 to $171.51 in pre-open trading. AAPL will report Q4 EPS on October 22. AAPL November option implied volatility of 54 is above its 26-week average of 43 according to Track Data, suggesting larger price movement.

Daily options Update is provided by Stock Specialist Paul Foster of theflyonthewall.com.

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Last week one of our bloggers, Kevin Kersten, noticed something a little strange about call options on Dow Jones. Mr. Kersten did a little research and noticed that there was some pretty intense buying of Dow Jones on the day before News Corp. (NYSE: NWS) announced it had made a bid to buy Dow Jones & Co. (NYSE: DJ). Well, it looks like Mr. Kersten was not the only one doing his homework as news has come out that federal and state authorities are investigating suspicious options trading.

Dow Jones announced yesterday that it had been sent a subpoena from the New York attorney general's office and also a request from the Securities and Exchange Commission regarding options trading. This comes after news last week that the other company involved, News Corp., had received a subpoena from Cuomo's office and an inquiry from the SEC.

As Douglas McIntyre pointed out yesterday, the possible deal between the two companies now appears to be falling apart, but on the day of the deal announcement buyers flocked into Dow Jones and pushed shares up over 54%. Shareholders of the stock had to feel pretty good about their investments on that day, but not nearly as good as the lucky ones that actually owned call options on the stock. These investors made a killing on that day, but as Mr. Kersten pointed out, questions were immediately swirling around insider trading information.