Posts Tagged ‘Securities And Exchange’

SEC’s new short selling rules are short-sighted

The Securities and Exchange Commission’s (SEC) decision to bring in tougher regulation of short selling practices has been criticized by a professor of finance.

Under the new rules, which were approved last week, restrictions will be imposed on short selling when stock falls by more than ten per cent in the course of a day.

If that occurs, then short selling may only take place at a price above the best bid for that stock.

According to SEC estimates, around four per cent of the market is affected by drops of ten per cent or more on an average day.

But the move has been attacked as “short-sighted” by Professor Larry Harris from the USC Marshall School of Business.

He told the Financial Times: “The majority of such sales reflect hedging and … if a stock price does not reflect fundamental value, retail investors will most likely end up paying more than they should for it.”

Announcing the introduction of the rule last week, a statement from SEC said the intention of the new legislation is to help market stability by preserving investor confidence.

Traders voice concern about SEC’s rules on short selling

Short selling of equities continues to be a controversial strategy, prompting regulators in the U.S., Europe and Hong Kong to propose measures to make the market fairer. Traders, however, said the Securities and Exchange Commission’s rule that restricts short sales will hinder liquidity.


Goldman Sachs made $100m on 131 days of 2009

Goldman Sachs made at least $100 million on 131 days in 2009 – equivalent to once every two days.

The figure was revealed by the Securities and Exchange Commission, in a filing that showed the bank made the profits by taking larger risks than it did in 2008.

Its daily ‘value at risk’ figure – the amount Goldman Sachs estimated it could lose in a day’s trading – stood at $218 million, up from $180 million the previous year.

However, the bank only lost money on 19 occasions in 2009, with the figure never exceeding more than $100 million.

David Hendler, an analyst with CreditSights, told the Financial Times that the figures were not surprising.

“It’s impressive, but it’s not unexpected,” he said. “They were one of the few games in town in 2009.”

Last month, Goldman Sachs announced that its chief executive Lloyd Blankfein is to receive a $9 million bonus for his work last year – a lower-than-expected amount and much lower than the $67.9 million he received in 2007.

Citigroup CEO to receive over $128,000 as a salary for 2009

Vikram Pandit, chief executive officer (CEO) at Citigroup, is to receive $128,751 as a salary for 2009, a new filing has claimed.

According to the document submitted to the Securities and Exchange Commission (SEC), Mr Pandit agreed to accept a salary of $1 for 2009 in February of last year until the bank made a profit.

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Ex-operations director of Madoff Securities, Daniel Bonventre, arrested

The director of operations for Bernard L.

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Madoff Executive is Charge in Ponzi Scheme

The long-time director of operations for convicted Ponzi schemer Bernard Madoff’s defunct firm was arrested and charged criminally Thursday with allegedly directing that false accounting entries be made in the firm’s books to conceal Mr. Madoff’s fraud.

Prosecutors from the U.S. Attorney’s Office in Manhattan charged Daniel Bonventre, former operations director at Bernard L.

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Allen Stanford calls for Ponzi lawsuit to be dismissed

Lawyers for Allen Stanford have called for the case alleging he masterminded a $7 billion Ponzi scheme to be thrown out of court.

According to Mr Stanford’s attorneys, the Securities and Exchange Commission (SEC) has not managed to lay out a strong enough case against the businessman.

Christina Sarchio, his legal representative, told Bloomberg that the latest’s SEC complaint, which is 32 pages long, does not stand up to examination.

“It doesn’t really have any specifics about what Allen Stanford said, to whom he said it or how the SEC even has jurisdiction over the certificates of deposit, because they’re not securities,” she said.

Mr Stanford, who is awaiting a trial scheduled to take place in January 2011, has been accused of carrying out a “massive” fraud that involved the sale of certificates of deposit through banks.

Last September, Mr Stanford had his nose broken in a prison brawl and had to spend two days in hospital before being returned to his cell.

Fraud Defendant Lands in Jail for Failure to Comply with Court Order

Earlier this week Trevor G. Cook, a onetime money manager charged with operating a foreign currency trading scheme, was jailed for being in contempt of court. A federal judge in Minnesota had been trying to enforce an order granted to the Securities and Exchange Commission (SEC) forcing Cook to hand over more than $35 million in assets when Cook’s unwillingness to comply landed him in jail.

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SEC to Roll Out New Tools Aimed at Boosting Insider Cooperation

This week the Securities and Exchange Commission (SEC) announced a new set of tools at its disposal in its effort to increase enforcement. These measures pertain to whistleblowers and the like and are aimed at coercing the exchange of insider information in an attempt to strengthen the prosecution’s argument. In a sign of the times, the SEC is taking these tools from the Justice Department. Similar tools have been used in criminal investigations and prosecutions. The three main tools are:

1.Cooperation Agreements

2.Deferred Prosecution Agreements

3.Non-Prosecution Agreements

All three amount to a form of protection for insiders who give information to government prosecutors, be it credit for help given in an active case (Cooperation Agreements), a temporary reprieve from prosecution (Deferred Prosecution Agreements), or a waiver of government prosecution in the matter at hand (Non-Prosecution Agreements).

The SEC under Mary Shapiro has enacted many changes in response to the subprime mortgage crisis and the great amount of fraud that has been unearthed in the past year. These three tools are only part of the package of changes that was announced. To see the official announcement regarding the new tools and tactics of the SEC to increase insider cooperation, click here.

SEC Files Charges Against Bank of America For Merrill Lynch Purchase

The Securities and Exchange Commission today charged Bank of America with violating the federal proxy rules by failing to disclose extraordinary financial losses at Merrill Lynch prior to a shareholder vote to approve a merger between the two companies.

The SEC’s complaint, filed in U.S.

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