securities and exchange commission posts

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Flash Crash Report: What Really Happened?

May 6 flash crashAfter nearly five months, federal regulators have been able to dissect the events of May 6, the day when the Dow plunged almost 1,000 points.

A joint report issued by the Commodity Futures Trading Commission and the Securities and Exchange Commission (SEC) pieced together that day's events and came up with this finding, as reported in the Wall Street Journal. A computerized trading program run by a Waddell & Reed trader automatically sold 35,000 e-mini S&P contracts. These contracts mirror the larger S&P contracts. The trader's program was triggered at 9% of the trade volume.

Continue reading Flash Crash Report: What Really Happened?

Green Mountain Coffee's SEC Woes Inspire a Bearish Strangle

Green Mountain Coffee Roasters logoOption volume has skyrocketed on Green Mountain Coffee Roasters (GMCR) today, after the Vermont-based coffee company announced that the Securities and Exchange Commission (SEC) has taken an interest in GMCR's revenue recognition practices.

GMCR plunged right out of the gate as traders reacted to the news, with the shares shedding roughly 17% to test round-number support at $30. Option players definitely took notice; within the first two hours of the session, roughly 42,000 calls and 34,000 puts had changed hands on the stock -- outpacing GMCR's predicted daily volume by a massive margin.

Continue reading Green Mountain Coffee's SEC Woes Inspire a Bearish Strangle

Can Regulators Fix the Market?

According to a new poll conducted by CNBC/Associated Press, 86% of the 1035 respondents view the market as unfair to small investors following the May 6 Flash Crash, CNBC reported.

On May 6, the market crashed almost 1000 points in a matter of minutes. Some stocks traded near zero. The cause has yet to be determined. This event took investors by surprise and regulators were blindsided.

With regulators unsure of the cause of the crash and ways to prevent another one, investors have lost faith in regulators' ability to fix the market.

Continue reading Can Regulators Fix the Market?

Goldman Settles with the SEC for $550 Million

If you are familiar with Securities and Exchange Commission cases, you will recognize this boilerplate settlement. By "boilerplate" I mean that Goldman Sachs (GS) is fined, but neither admits nor denies any of the charges.

Goldman settled for a measly $550 million. This amounts to about a week's worth of trading. Goldman further got regulators to drop all fraud charges and settle for a lower charge, which said the marketing material for collateralized debt obligations(CDOs) "contained incomplete information."

Continue reading Goldman Settles with the SEC for $550 Million

SEC Levels Charges in $40 Million Ponzi Scheme

Yesterday, SEC officials charged a Miami man for his operation of a $40 million Ponzi scheme. It is alleged that Luis Felipe Perez had fraudulently convinced investors to invest with him to fund his jewelry business and to finance pawn shops in New York. The jewelry businesses of the accused, Lucky Star Diamonds Inc. and Luis Felipe Jewelry Design Corp., have turned out to be no more than sham facades, and both companies were completely void of employees. Both companies have subsequently ceased their -paper only- operations. Likewise, Mr. Perez's pawn shop connections have turned out to be non-existent.

Continue reading SEC Levels Charges in $40 Million Ponzi Scheme

Congress, SEC and Goldman Sachs Failures -- Part 2

Goldman Sachs GS logoContinuing from where I left off earlier today regarding the Goldman Sachs - Paulson & Company debacle...

What would have happened if the collateralized debt obligations were created and sold exactly as was done, shorted by Paulson, and the eventual buyer was Warren Buffett?

First of all, "my pal Warren" would not let his position be known to anyone beyond normal filing requirements and perhaps announced at some later date. Second, if it was disclosed that Buffett was betting against Paulson, Mr Paulson would be a huge fool if he did not think twice about his shorting the CDO given this new piece of information. Third, should the buyers of the actual CDO be treated differently than Buffett, or you or me? Of course not.

If I were CEO Blankfein, that is what I would have tossed back at Congress.

Continue reading Congress, SEC and Goldman Sachs Failures -- Part 2

Congress, SEC and Goldman Sachs Failures

Goldman Sachs GS logoThe more I think about the issue of Goldman Sachs (GS) being charged by the SEC for questionable business practices, and hauled in front of Congress for a big show, the more I think it is Congress that is at fault for the whole financial mess and should be answering questions.

It is not that Wall Street had no hand in the entire debacle, but it started with Congress and they magnified the damage by failing to correct their critical mistakes. I will get back to this later, but first I want to discuss the recent hearings and the fact that Goldman Sachs management was actually too easy on Congress.

Continue reading Congress, SEC and Goldman Sachs Failures

Serious Money: Goldman Sachs Is All the Rage

My, my, what a tangled web we weave, when first we practice...

It seems Goldman Sachs Group (GS), now charged with fraud by the Security and Exchange Commission, was doing more than practicing. Apparently its business practices leave much in question about its ethical practices and how far it would go to make a deal. In particular, failing to disclose what the SEC deems material facts that may have altered an investor's decision to buy a collateral debt obligations in the form of a Residential Mortgage Backed Security (RMBS).

One might think an experienced investor would have been suspicious from the onset about any security that actually included the letters "BS" in its title and that this would have been adequate disclosure.

Continue reading Serious Money: Goldman Sachs Is All the Rage

Chasing Value: Goldman Sachs Fraud Charge Creates Opportunity

Goldman Sachs GS logoIt always amazes me how "group think" sways the market to do stupid things, or at least jump to foolish conclusions.

Today it was announced that Goldman Sachs Group (GS) has been charged by the Securities and Exchange Commission with defrauding investors alleging that they knowingly misstated and omitted key facts about securities tied to sub prime mortgages during the rupturing of the housing bubble when they structured and marketed a synthetic collateralized debt obligation (CDO) tied to the performance of subprime residential mortgage-backed securities (RMBS).


Continue reading Chasing Value: Goldman Sachs Fraud Charge Creates Opportunity

Ponzi goes green, SEC in pursuit

How do you know the green finance sector has arrived? Well, it got its first Ponzi scheme! Allegedly.

The SEC filed charges against four people and two companies in a Denver federal court on Monday. Mantria Corp. and its principals, Troy Wragg and Amanada Knorr, stand accused of running raising $122 million from more than 300 investors in what could be a dozen fraudulent offers of securities. Mantria engaged Speed of Wealth LLC, run by Wayde and Donna McKelvy, to dump the cash out of their retirement plans and tap their home equity to "invest" in Mantria, which they said was offering returns ranging from 17% to "hundreds of percent" every year.

Continue reading Ponzi goes green, SEC in pursuit

Two more arrests in Madoff saga

Normal tech support phone call: "Press 1 for help with e-mail. Press 2 to have your password reset."

Madoff tech support phone call: "Hello, how can I help you dummy up some trading records today?"

The investigation of Bernie Madoff's fraudulent financial empire is leading to more arrests. Jerome O'Hara and George Perez, both computer programmers employed by the Ponzi schemer, were arrested by the FBI on Friday morning. The charges include conspiracy for falsifying books and records. They are accused of doing the deed for the boss and accepting hush money -- in the form of 25% raises and net bonuses of $60,000 -- to keep the scam afloat.

Continue reading Two more arrests in Madoff saga

Friehling: Another Madoff domino falls

Another player in the Bernie Madoff saga has fallen. His longtime auditor, David Friehling, pleaded guilty in federal court on Tuesday to charges of securities fraud, investment adviser fraud, making false filings with the SEC, and obstructing or impeding the administration of the Internal Revenue laws (among others).

Despite the plea, Friehling still told U.S. District Judge Alvin K. Hellerstein, "At no time was I ever aware Bernard Madoff was engaged in a Ponzi scheme."

Continue reading Friehling: Another Madoff domino falls

Supreme Court pushes back on mutual fund issue

Investors are calling for an inquiry into mutual fund fees, but the Supreme Court is reminding them that it isn't beholden to public opinion. The mutual fund industry is being accused of charging "excessive" fees, which could be particularly harsh on individual investors who use these tools as their primary way to access the market. Currently, the mutual fund industry has more than $10 trillion in assets under management, some of it through retirement and 529 college savings plans.

The Court doesn't seem inclined to step into the fray, saying that regulatory agencies are better equipped to address the situation. Chief Justice John Roberts, for example, said during arguments that "It makes a lot more sense to have the SEC regulate rates than to have courts do it, doesn't it?"

Continue reading Supreme Court pushes back on mutual fund issue

Who is Ralph Janvey? Stanford's victims know he wants a third

Sir Allen Stanford's attorney doesn't like Ralph Janvey, but that's not surprising. The SEC isn't crazy about him either, and U.S. Judge David Godbey told him, "You know everyone in the courtroom is angry with you," according to a report in USA Today.

Janvey has been tasked with taking over and cleaning up the wreckage from Stanford's $7 billion Ponzi scheme -- the second largest known disaster of this kind. Along the way, he's managed to piss off everyone he's encountered. The latest "transgression" is his demand for more than $27 million in fees for his team and the consultants he's hired to track down the missing billions of dollars in Stanford's former empire.

Continue reading Who is Ralph Janvey? Stanford's victims know he wants a third

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

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DJIA-89.2312,801.23
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Last updated: February 12, 2012: 09:34 PM

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