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Posts Tagged ‘financial frauds’

Did Mary Schapiro Engage in a Fraud?

Posted by Larry Doyle on January 3rd, 2012 10:22 AM |

Will we learn in 2012 if Mary Schapiro, current chair of the SEC, and other then senior executives at the Wall Street self-regulatory organization, FINRA, engaged in a fraud?

The case addressing this question, Standard Chartered v FINRA, has been appealed to the highest court in our land.

As such, one might think that most Americans would care to learn if our nation’s top financial regulator did, in fact, engage in a fraud which had a monetary value of between $175-$350 MILLION plus. That’s right, $175-350 million plus!! Not exactly chicken feed.

Why hasn’t this case received more attention?  (more…)

Prosecutions of Financial Frauds at 20 Year Low

Posted by Larry Doyle on November 30th, 2011 5:02 PM |

I am not surprised to learn that financial frauds are being prosecuted at a rate which puts them at a 20-year low.

When the “truth is confined to secretive, fearful whispers” as I highlighted in my commentary the other day, then those who profit from the accompanying lack of transparency and integrity will swing for the fences. In fact, that is exactly what the financial services industry did for a protracted period. They are fighting tooth and nail to maintain that status quo.

The lax regulatory environment and ineffective legal maneuverings are a reflection of efforts — or lack thereof — that originated and grew during both Democratic and Republican regimes.  (more…)

Auction Rate Comments Reflect Real Pain

Posted by Larry Doyle on April 21st, 2011 8:05 AM |

Today’s commentary is a little lengthy but is very personal. I hope you will take the few extra minutes to read it and share it with friends, family, and colleagues. Thanks. LD

Each and every day I think of what I can write that will truly help people further understand the dynamics at work in our global economy. In the course of my writing I am often drawn to specifically help those who have been defrauded or abused by the system that operates on Wall Street and in Washington.

I derive tremendous personal satisfaction in providing an outlet and a sympathetic ear to those who feel that few if any people are in their corner. No group of investors and individuals deserves greater sympathy and a stronger voice than our fellow American citizens so badly mistreated in the entanglement of auction-rate securities.

While many within our nation and the markets today may care to focus on recent earnings reports, a rebounding equity market, or the upcoming long weekend, let us remember that there are thousands in this country who still experience real pain from the ARS scandal. Is it easier to forget about them? If you care.

I choose to reach out to them again and spread their stories of real pain and anguish. Why? (more…)

What Really Happened at Stanford Financial?

Posted by Larry Doyle on August 30th, 2010 11:05 AM |

Is this game of life a total mystery? In many respects, life is a mystery. While there are many aspects of life we may never fully understand, there are those elements for which we can gain greater understanding through research, study, transparency and disclosure.

Along these same lines, to what degree is the world of financial frauds a mystery? How much of what transpired to lead us into our current economic crisis will we never truly learn? While our financial regulators and legal representatives may work toward providing transparency and disclosure, will the American public ever  learn the full extent of the two largest financial frauds of the last few years–those being the Bernard Madoff and Allen Stanford travesties.

I ask this critically important question in light of the Freedom of Information Act exemption provided to the SEC in the recently enacted Financial Regulatory Reform package. Will that exemption inhibit transparency and disclosure? Should the American public blindly accept and trust the SEC at each and every turn? How might we ever know?  (more…)

Indict, Prosecute, Convict the Fraudsters…Or Else!!

Posted by Larry Doyle on June 2nd, 2010 1:20 PM |

Has America lost the courage to aggressively address those who commit fraud? Is the American public even aware of the massive fraud perpetrated by those in our financial system which led to our current economic crisis? Are those in Washington willing to take a stand, risk their own skins, call out those engaged in fraud, even if some of the fraudsters occupy neighboring seats at nearby regulatory bodies?

Unless we find people in our government who are willing to make these calls, repeat them publicly in a long, loud fashion, and compel prosecutors to issue indictments, then I fear our union will pay a price and incur a cost that may be immeasurable.

Why so strong? Why so strident? (more…)

Citi’s Richard Bowen Exposes Wall Street’s ‘Garbage In, Garbage Out’

Posted by Larry Doyle on April 7th, 2010 3:41 PM |

Does anybody have any doubt that massive fraud within our mortgage industry played a large part in our current economic crisis? America continues to suffer from the fakers and phonies within our financial regulatory structure (including Alan Greenspan) who fail to accept responsibility for their shortcomings and the resultant frauds.

The mortgage fraud grew over time in order to feed the Wall Street machine the collateral it needed to execute a wide array of structured transactions. This need for increasing volume of mortgage originations was a critical point in one of my earliest blog posts written in November 2008, “The Wall Street Model is Broken… and Won’t Soon be Fixed!!” I wrote: (more…)

Public Pension Ponzi Schemes

Posted by Larry Doyle on April 6th, 2010 10:50 AM |

Making promises that can’t be kept.

Garnering support via payback, if not kickbacks.

Effectively misrepresenting expected returns.

Am I talking about Bernie Madoff and every other con artist who has ever perpetrated a Ponzi scheme? No, although I could be. I am addressing the reality of the public pension system in our country. Those participating in public pensions can rail on me all they want. The simple fact is the power and leverage of the public unions combined with the willingness of public officials to sell their souls, while mortgaging our children’s futures, have created a massive gap in the funding of public pension liabilities in our nation today. (more…)

Wiretaps on Wall Street

Posted by Larry Doyle on October 26th, 2009 11:11 AM |

“Leave the gun, take the cannoli.”

The world of organized crime evokes thoughts of payoffs, extortion, racketeering, and wiretaps. Are regulators now utilizing tools previously relegated to infiltrating the backroom dealings of the underworld to discover illegal activities on Wall Street? Yes, they are.

The news that regulators are now employing wiretaps to investigate financial frauds on Wall Street is sending a chill through Wall Street in general and hedge funds in particular. Why do regulators feel the need to utilize wiretaps?

Recall from the SEC’s and FINRA’s own internal reviews of their handlings of the Madoff and Stanford frauds that the regulators were woefully deficient in tracking and stopping these frauds. One of the greatest regulatory deficiencies highlighted is the use of technology.

Many hedge funds have spent millions upon millions of dollars on technology. These tools allow these funds to move with cat-like quickness in allocating capital and seizing investment opportunities. As we are learning, not all of these movements would seem to have been executed in a legal and ethical fashion.

How quickly can the regulators move to develop the necessary technical capabilities to track hedge fund activities? Don’t hold your breath.

Jules Kroll addressed the capabilities of the regulators relative to the tools employed by hedge funds on a Bloomberg interview this morning. Prior to my sharing Mr. Kroll’s assessment of the regulators’ capabilities, who is Jules Kroll? He recently founded a new firm, K2 Global Partners, which will look to “provide specialized risk services and solutions” to a wide array of global clients. (more…)

Basis Risks Will Lead to Future Financial Frauds

Posted by Larry Doyle on August 5th, 2009 8:24 AM |

How often have we heard from those involved in financial frauds that they never initially intended on perpetrating a fraud? Well then, what did they intend? Having personally witnessed more than a handful of ‘under the radar’ frauds in the form of intentional misrepresentations of investment values, the activity often centers on a financial term known as ‘basis risk.’ What is basis risk? Why do I think our current financial system has numerous financial frauds germinating?

Utilizing our friendly Investing primer (found in the right sidebar here at Sense on Cents), we learn that basis risk is defined as:

The risk that offsetting investments in a hedging strategy will not experience price changes in entirely opposite directions from each other. This imperfect correlation between the two investments creates the potential for excess gains or losses in a hedging strategy, thus adding risk to the position.

Or similarly,

Offsetting vehicles are generally similar in structure to the investments being hedged, but they are still different enough to cause concern. For example, in the attempt to hedge against a two-year bond with the purchase of Treasury bill futures, there is a risk that the Treasury bill and the bond will not fluctuate identically.

I have no doubt that a number of financial firms entered into hedging strategies over the last 9 months that present massive basis risk. While these financial firms own an array of individual investment positions (corporate, municipal, mortgage-backed, commercial mortgages, asset-backed, equities), the hedging vehicle utilized is often an index of some sort which is representative of an entire market segment or, in the case of a specific corporate entity, the CDS (credit derivative swap) for that company.

As financial firms move forward, they manage their investment positions and their hedges accordingly. Do not forget, however, that last Spring the FASB (Federal Accounting Standards Board) relaxed the mark-to-market accounting standard so banks could delineate between true credit impairments in their investments and liquidity risks.

While not every firm may have entered into hedging strategies, it is naive to think many did not given the perilous price action in the markets over the last 9 months. Fast forward to the current period and we see the SEC is seriously concerned with these issues, as well they should be. CFO Magazine reports, The SEC’s Most Wanted:

Last fall the Securities and Exchange Commission promised to scrutinize the regulatory filings of the largest financial institutions. So it’s little wonder that many of the recent comment letters sent by the SEC to corporations focused on the more controversial accounting issues that cropped up during the current financial crisis, including valuations of financial instruments and other-than-temporary impairments of securities.

The regulator has also niggled nonfinancial firms, by asking finance executives to better explain how they worked through goodwill impairment testing. Brad Davidson, a partner at accounting firm Crowe Horwath who recently compiled a list of frequent topics cited by SEC staffers in comment letters, says finance executives should keep the points raised by SEC staffers in mind as they put the finishing touches on their next round of financial reporting.

While firms may be able to disguise the hidden losses and embedded risks for a period of time (which can be extended, depending on the size and scope of the operation), basis risks have brought more so-called outstanding traders, portfolio managers, CIOs, and CFOs to their knees than they would ever care to admit.

Any readers who have direct or indirect experience with basis risks please share.

LD






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