securitiesandexchangecommission posts
FeedPosted Nov 13th 2009 6:20PM by Tom Johansmeyer (RSS feed)
Filed under: Scandals
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
Posted Nov 3rd 2009 10:20AM by Tom Johansmeyer (RSS feed)
Filed under: Scandals, Mutual funds, Headline news
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
Posted Jul 19th 2009 4:00PM by Tom Johansmeyer (RSS feed)
Filed under: Bad news, Scandals
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
Posted Dec 14th 2008 9:15AM by Peter Cohan (RSS feed)
Filed under: Market matters, Scandals, Money and Finance Today, Personal finance, Politics, Financial Crisis

To paraphrase our next Secretary of State, it takes a village to keep an investment scam going. It takes an
entrepreneur who's
hungry, amoral, and clever;
investors eager to believe that what's too good to be true is real;
auditors who get paid not to audit;
politicians who take money to keep regulation away; and
regulators who do what the politicians tell them to do.
All these factors were in play with the $50 billion Madoff Securities scandal. As I posted, Bernie Madoff was able to scam investors by creating false financial statements and using a tiny, unknown auditor to persuade investors hungry for membership in his club that they could get regular 10% annual returns in any market.
But Madoff's scam also benefited from a hands-off policy towards Wall Street thanks to help from politicians such as Chuck Schumer (D-NY) who raised millions from Wall Street to do its bidding. As head of the Democratic Senatorial Campaign Committee between 2004 and 2008, he raised $240 million while increasing donations from Wall Street by 50%. In return Wall Street got free-market, deregulatory policies that helped them cook up the scandals that have helped wipe out $30 trillion in global stock market value in the last year.
Continue reading It takes a village to pull off a $50 billion investment scam
Posted Nov 19th 2008 1:30PM by Sheldon Liber (RSS feed)
Filed under: Other issues, Deals, Rants and raves, Competitive strategy, JPMorgan Chase (JPM), , Entrepreneurs, Housing
Eighteen months ago, banks were throwing money around with very little discretion. Now we find that they made a lot of bad loans, took extreme risk and jeopardized the global economy and the well being of hundreds of millions of people.
All this was supported by a simple minded president, corrupt Congress and an over-confident, short sighted investment community maneuvering in and around a sleeping Securities and Exchange Commission.
Having invested in a broad range of real estate assets (as well as stocks), I am feeling the pain like most everyone else. Reduced values, tighter liquidity, and uncertainty rule the market place.
What has me steamed currently is that I think there is more capital in the marketplace than courage! The lack of courage along with a shortage of leadership and wisdom continues to exacerbate a bad situation. I am probably better off than many people having been able to close two loans in the past month. It was not easy. However, after dealing with many financial institutions that are now doing a better job in the review process, I see that they have swung too far to the conservative side.
Continue reading Banking stupidity, then and now
Posted Jun 26th 2008 10:22AM by Victoria Erhart (RSS feed)
Filed under: Analyst upgrades and downgrades, Bad news, Law, Employees, Scandals, Japan
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.
Posted Dec 4th 2007 6:01PM by Zac Bissonnette (RSS feed)
Filed under: Management, Scandals
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.Continue reading Why should investors lose a voice in who runs their companies?
Posted Oct 18th 2007 8:19AM by Paul Foster (RSS feed)
Filed under: Bank of America (BAC), , Options, Housing
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.
Visit AOL Money & Finance for more earnings coverage
Posted May 8th 2007 8:30AM by Michael Fowlkes (RSS feed)
Filed under: Bad news, Rumors, Insiders, Newspapers, Scandals, News Corp'B' (NWS),

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.
Continue reading Feds to investigate Dow Jones insider trading