Personal
Finance For Dummies-
From Amazon - "Personal Finance for Dummies offers sound and practical
advice for those who want to get control over their personal financial
lives. Author Eric Tyson points out the most common mistakes that we all
make in our approach to money and prescribes ways to save and invest for
a secure future. Using worksheets, the book helps you to measure your
own financial health by looking at factors such as how much debt you carry,
your savings rate, as well as investment and insurance checkups. The book
looks at how you should invest your retirement account, approach taxes,
and provides a good overview on how to buy real estate."
Commentary
Regulation, Not Growth, Is Top
Concern for RIAs Market turmoil nearly always generates more regulation for the most
heavily regulated industry in the nation. Now investment advisors have become the focus, and it is
causing problems for the industry.
Schwab Says It's Going On Offense - As If It Weren’t Already Schwab
Chairman Chuck Schwab told institutional investors at a regular business update in San Francisco
today that the company is preparing to go on the offense to gain market share -both in terms of
winning client assets and recruiting breakaway brokers.
Feeder Fund Manager Charged with Madoff
Fraud The manager of a Madoff feeder fund has been charged with civil fraud by the New
York Attorney General's office for steering 2.4 billion dollars to Madoff.
SEC Charges Massachusetts-Based Money Manager in Multi-Million Dollar Ponzi
Scheme The Securities and Exchange Commission today charged a money manager
who lives in Wayland, Mass., for conducting a multi-million dollar Ponzi scheme in which he
promised investors lofty returns as high as 20 percent but instead often stole their money for his
personal use
SEC Proposes Rule Amendments to Strengthen Regulatory Framework for Money
Market Funds The Securities and Exchange Commission today voted unanimously to
propose rule amendments designed to significantly strengthen the regulatory framework for
money market funds to increase their resilience to economic stresses and reduce the risks of runs
on the funds.
SEC Charges Madoff Solicitors and Feeder With Fraud The Securities and
Exchange Commission today charged a New York-based broker-dealer and four individuals with
securities fraud, alleging that they collectively raised billions of dollars from investors for Bernard L.
Madoff's Ponzi scheme.
FINRA Requests Comment on Proposed Consolidated FINRA Rule
Governing Investment Company Securities As part of the process to develop a new
consolidated rulebook (the Consolidated FINRA Rulebook), FINRA is requesting comment on a
proposed FINRA rule regarding the distribution and sale of investment company securities. The
proposal is based on NASD Rule 2830, subject to certain changes, including proposed new
requirements regarding disclosure of cash compensation.
SEC Charges Former Quest Executives With Fraudulently Concealing Millions of
Dollars of Self-Dealing The Securities and Exchange Commission today charged two
Oklahoma City residents with securities fraud and other violations for a scheme in which they
misappropriated to themselves millions of dollars from Quest Resource Corporation, Quest
Energy Partners, L.P. and their affiliates while they were executives at the company.
SEC Approval and Effective Date for New Consolidated FINRA
Rules Following the consolidation of NASD and the member regulation, enforcement and
arbitration functions of NYSE Regulation into FINRA, FINRA established a process to develop a
new consolidated rulebook (Consolidated FINRA Rulebook), which FINRA has discussed in
previous Information Notices. FINRA is proposing new consolidated rules in phases for approval
by the SEC as part of the Consolidated FINRA Rulebook. In April and May 2009, the SEC approved
eight new consolidated FINRA Rules, which will take effect on August 17, 2009.
Information for Investors in the Reserve Primary Fund The Securities and
Exchange Commission today posted information on its Web site for investors in the Reserve
Primary Fund, which "broke the buck" last September when its net asset value fell below $1 per
share. Since then, the fund has withheld a significant amount of money from investors pending the
outcome of numerous lawsuits filed against the fund, its trustees, and other officers and directors
of Reserve entities.
SEC Approves Amendments to NASD Rule 2821 Governing Purchases and
Exchanges of Deferred Variable Annuities On April 15, 2009, the SEC approved
amendments to NASD Rule 2821 governing purchases and exchanges of deferred variable
annuities. Among other things, the amendments:
-limit the rule's application to recommended transactions;
-change the triggering event that begins the principal review period; and
-clarify various other issues through new supplementary material to the rule.
The rule text is set forth in Attachment A and is effective February 8, 2010.
SEC Obtains Asset Freeze to Halt Nationwide Prime Bank Scheme The
Securities and Exchange Commission has obtained an emergency court order and asset freeze to
shut down a fraudulent prime bank scheme that promised massive returns to investors
nationwide and then offered a range of administrative excuses when investors had not received
any payments.
SEC and ASC Charge Alabama Broker-Dealer for Rampant Churning and Extensive
Supervisory Violations The Securities and Exchange Commission and the Alabama
Securities Commission (ASC) have charged a Birmingham, Ala.-based broker-dealer in
connection with rampant churning of customer accounts, widespread supervisory failures, and
other securities violations that resulted in significant harm to clients and substantial profit to the
firm. Also charged by the SEC and ASC were several of the firm's senior officers and registered
representatives. Churning is a fraudulent practice that occurs when a broker engages in excessive
trading without regard to the customer's investment objectives for the purpose of generating
commissions and other revenue.
FINRA Reminds Firms of Sales Practice Obligations Relating to Leveraged
and Inverse Exchange-Traded Funds Exchange-traded funds (ETFs) that offer leverage or
that are designed to perform inversely to the index or benchmark they track—or both—are growing
in number and popularity. While such products may be useful in some sophisticated trading
strategies, they are highly complex financial instruments that are typically designed to achieve their
stated objectives on a daily basis. Due to the effects of compounding, their performance over
longer periods of time can differ significantly from their stated daily objective. Therefore, inverse
and leveraged ETFs that are reset daily typically are unsuitable for retail investors who plan to hold
them for longer than one trading session, particularly in volatile markets.
SEC Charges New York-Based Investment Adviser for Stealing Client
Funds The Securities and Exchange Commission today charged an investment adviser
who lives in Armonk, N.Y., for orchestrating a scheme in which he stole more than $6 million in
investor funds for his own personal use, in some instances victimizing clients who were terminally
ill or mentally impaired.
SEC Charges Operators of $80 Million Ponzi Scheme Targeting Korean-
Americans The Securities and Exchange Commission today charged two California men
and two companies they control for conducting an $80 million Ponzi scheme that targeted Korean-
American investors with false promises of extraordinarily high returns from foreign currency (forex)
trading.
SEC Charges Former Countrywide Executives With Fraud The Securities and
Exchange Commission today charged former Countrywide Financial CEO Angelo Mozilo and two
other former executives with securities fraud for deliberately misleading investors about the
significant credit risks being taken in efforts to build and maintain the company's market share.
Mozilo was additionally charged with insider trading for selling his Countrywide stock based on
non-public information for nearly $140 million in profits.
SEC Approves Rule Establishing an Interim Pilot Program on Margin
Requirements for Transactions in Credit Default Swaps The SEC has approved new
FINRA Rule 4240, which establishes an interim pilot program (the Interim Pilot Program) with
respect to margin requirements for certain transactions in credit default swaps (CDS) and
addresses related risk monitoring procedures and guidelines. The Interim Pilot Program's
requirements extend to any transactions in CDS executed by a member (regardless of the type of
account in which the transaction is booked), including those in which the offsetting matching
hedging transactions are effected by the member in CDS contracts that are cleared through the
central counterparty clearing services of the Chicago Mercantile Exchange (CME). The Interim Pilot
Program expires on September 25, 2009.
SEC Finalizes ARS Settlements With Bank of America, RBC, and Deutsche
Bank The SEC announced finalized settlements with Bank of America, RBC Capital
Markets, and Deutsche Bank to resolve SEC charges that the firms misled investors regarding the
liquidity risks associated with auction rate securities (ARS) that they underwrote, marketed, or
sold.
SEC Announces Creation of Investor Advisory Committee Securities and
Exchange Commission Chairman Mary Schapiro today announced the formation of an Investor
Advisory Committee to give investors a greater voice in the Commission's work. SEC
Commissioner Luis A. Aguilar will serve as the Commission's primary sponsor of the
Committee.
FINRA Requests Comment on Proposed FINRA Rule Addressing the
Origination and Circulation of Rumors As part of the process of developing a new,
consolidated rulebook (the Consolidated FINRA Rulebook), FINRA is requesting comment on
proposed FINRA Rule 2030 relating to the origination and circulation of rumors. FINRA initially
sought comment on the proposed rule, which is based on FINRA Rule 6140 and Incorporated
NYSE Rule 435(5), in Regulatory Notice 08-68. In response to the comments received, FINRA is
proposing substantial changes to proposed FINRA Rule 2030. The proposed changes include
amendments to the general prohibition in Rule 2030 and the proposed reporting requirement, as
well as adopting Supplementary Material to Rule 2030 that will address exceptions for certain
communications, the definition of the term "rumor," additional rules of which member firms should
be aware, and a firm's obligation to adopt written policies and procedures concerning rumors.
FINRA is requesting comment on the proposed revisions to Rule 2030.
SEC Charges 10 Brokers with Fraud for Disguising Risks of Investing in Mortgage-
Backed Securities The SEC charged 10 brokers with fraud for falsely marketing
investments in derivatives of mortgage-backed securities as safe and suitable for retirees and
others with conservative investment goals. The SEC alleges that the brokers enriched themselves
with millions of dollars in commissions and salaries while the investors suffered millions of
dollars in losses.
SEC, DOL Accepting Requests to Participate in Joint Hearing Examining Target Date
Funds The Securities and Exchange Commission and the Department of Labor
announced today that they are accepting requests to participate in a joint hearing on June 18
examining target date funds. Target date funds and other similar investment options are
investment products that allocate their investments among various asset classes and
automatically shift that allocation to more conservative investments as a "target" date approaches.
This shift in asset allocation, often referred to as a fund’s "glide path," may differ significantly
among funds with the same target date.
SEC Obtains Asset Freeze Of Wisconsin-Based Investment Adviser Charged in
Kickback Scheme The Securities and Exchange Commission has obtained an
emergency court order to freeze the assets of an Appleton, Wisc.-based investment adviser
charged with engaging in a kickback scheme and other fraudulent conduct involving six
unregistered investment pools it managed.
SEC Charges Florida Trader for Issuing Fake Press Release to Manipulate Stock
Price The Securities and Exchange Commission today charged a trader from Fort Myers,
Fla., with fraud for writing and disseminating a fake press release that, when reported in the
media, caused a company's stock price to soar and allowed him to reap thousands of dollars in
illicit profits.
SEC Charges Eight Participants in Penny Stock Manipulation Ring The
Securities and Exchange Commission has charged eight participants in a penny stock
manipulation ring that allegedly pumped the market prices of at least four stocks and generated
more than $6.2 million in illicit profits when they dumped shares on the market.
Securities Industry/Regulatory Council on Continuing Education Issues
Firm Element Advisory Update This Notice advises firms of the second-quarter 2009
Securities Industry/Regulatory Council on Continuing Education Firm Element Advisory, which
identifies regulatory and sales practice topics that firms should consider in their Firm Element
training plans. Topics updated or added since the prior Advisory are indicated in the document as
such.
SEC to Hold Public Seminar on New Interactive Data Reporting
Requirements The Securities and Exchange Commission will conduct a public seminar
on June 10 from noon to 3 p.m. ET to help companies and preparers comply with new rules that
require financial reports to be filed using interactive data (XBRL).
SEC Charges Monster Worldwide Inc. for Backdating Scheme The SEC
charged employment search provider Monster Worldwide, Inc. for its multi-year scheme to secretly
backdate stock options granted to thousands of Monster officers, directors and employees.
Monster agreed to pay a $2.5 million penalty to settle the SEC's charges that the company
defrauded investors by granting backdated, undisclosed "in-the-money" stock options while failing
to record required non-cash charges for option-related compensation expenses.
SEC Announces First Distribution From $267 Million Bear Stearns Fair
Fund The SEC announced the start of a $267 million Fair Fund distribution to mutual
funds and mutual fund shareholders who were harmed by late trading and market timing that
occurred through Bear Stearns, which was charged by the SEC in a 2006 enforcement action.
SEC Approval of Proposed Changes to Forms U4 and U5 and FINRA Rule
8312 (FINRA BrokerCheck Disclosure) The SEC recently approved amendments to
Forms U4 and U5 as well as FINRA Rule 8312 (FINRA BrokerCheck® Disclosure). The
amendments, among other things, make significant changes to disclosure questions on the
Forms, including the addition of questions about certain regulatory actions. The new regulatory
action questions will enable FINRA and other regulators to identify more readily persons subject to
a particular category of statutory disqualification under the federal securities laws and the FINRA
By-Laws.
SEC, DOL to Hold Joint Hearing Examining Target Date Funds The SEC and
the U.S. Department of Labor will hold a joint one-day hearing on June 18 to explore issues
relating to target date or lifecycle funds and other similar investment options.
Michael Lauer to Pay More Than $62 Million in Hedge Fund Fraud Case The
SEC announced that Michael Lauer, the head of two Connecticut-based hedge fund advisors, has
been ordered to pay more than $62 million within 15 days as a result of being found liable on SEC
fraud charges last fall.
SEC Charges Investment Adviser for Proxy Voting Rule Violations The SEC
charged West Palm Beach, Fla.-based INTECH Investment Management LLC and its former chief
operating officer David E. Hurley for violating the SEC's proxy voting rule for investment advisers by
not sufficiently describing its proxy voting policies and procedures and failing to address a material
potential conflict of interest.
Commission Reopens Comment Period On Proposal For Model Privacy Form Under
Gramm-Leach-Bliley Act The SEC has reopened the public comment period on a
proposal for a model privacy form that financial institutions could use to provide disclosures
required by the Gramm-Leach-Bliley Act (GLBA). The Commission is reopening the comment
period in order to solicit public comment on the results of recent quantitative consumer testing
conducted to evaluate the form.
SEC Seeks Comments on Short Sale Price Test and Circuit Breaker
Restrictions The SEC has voted unanimously to seek public comment on whether short
sale price restrictions or circuit breaker restrictions should be imposed and whether such
measures would help promote market stability and restore investor confidence. In June 2007, the
SEC voted to eliminate price restrictions.
SEC Charges Colorado Advisor for Conducting Multi-Million Dollar Ponzi
Scheme SEC has charged a Denver-based investment manager and his firm for
conducting a multi-million dollar Ponzi scheme through the sale of shares in investment funds that
he manages. The SEC also charged the limited liability companies that issued the securities. The
SEC is seeking an emergency court order to freeze all of their assets.
SEC Charges Take-Two for Stock Options Backdating Scheme The SEC
charged video and computer game publisher and distributor Take-Two Interactive Software, Inc. for
falsifying its reported income over a seven-year period. Take-Two agreed to pay a $3 million
penalty to settle the SEC's charges that the company defrauded investors by granting backdated,
undisclosed "in-the-money" stock options to officers, directors, and key employees while failing to
record required non-cash charges for option-related compensation expenses. The SEC previously
charged Take Two's former Chief Executive Officer and Chairman Ryan Brant for his alleged role
as the architect of the fraudulent options backdating scheme.
SEC Freezes Assets of Chicago-Area Investment Adviser for Defrauding
Clients The Securities and Exchange Commission has obtained an emergency court
order freezing the assets of a Chicago-area investment adviser and two of its principals who are
alleged to have misappropriated more than $4 million in client assets by transferring them to third
parties, and incorrectly reported the net asset and other investment values to investors.
Morgan Stanley to Pay More than $7 Million to Resolve FINRA Charges
Relating to Misconduct in Early Retirement Investment Promotion FINRA announced that
it has fined Morgan Stanley & Co. $3 million - and ordered it to pay more than $4.2 million in
restitution to 90 Rochester, NY-area retirees - to resolve charges that its supervisory system failed
to detect and prevent brokers from persuading Eastman Kodak Company and Xerox Corporation
employees to take early retirement based upon unrealistic promises of consistently high
investment returns and by espousing unsuitable investment strategies.
FINRA Fines 25 Firms More Than $2.1 Million for Failures in Mutual Fund
Breakpoint Review, Other Violations FINRA fined 25 broker-dealers a total of $2,145,000
for failures related to their completion of FINRA's (then NASD's) firm self-assessment of mutual
fund breakpoint discount compliance.
The self-assessment required firms that sold front-end load mutual funds to review their
compliance in providing breakpoint discounts to customers during 2001 and 2002 and report
those results to FINRA. Breakpoint discounts are volume discounts applicable to front-end sales
charges (front-end loads) on Class A mutual fund shares. The self-assessment followed findings
by NASD, the NYSE and the Securities and Exchange Commission that nearly one in three mutual
fund transactions that appeared eligible for a breakpoint discount did not receive one.
SEC Charges Madoff Auditors With Fraud The SEC charged the auditors of
Bernard Madoff's broker-dealer firm with committing securities fraud by representing that they had
conducted legitimate audits, when in fact they had not.
FINRA Fines Citigroup Global Markets $2 Million For Range of Trade
Reporting Violations FINRA fined Citigroup Global Markets $2 million for the erroneous
publication of non-bona fide quotations and transactions at and around the NASDAQ market
opening on a Quadruple Witch Expiration Friday; systemic Order Audit Trail System (OATS)
reporting violations; fixed income transaction reporting violations; limit order display violations; and,
related supervisory failures. These violations occurred in 2006 and prior years.
SEC Charges Merrill Lynch For Failure to Protect Customer Order Information on
"Squawk Boxes" The SEC charged Merrill Lynch, Pierce, Fenner & Smith Inc. with
securities laws violations for having inadequate policies and procedures for controlling access to
institutional customer order flow. Merrill Lynch agreed to settle the SEC’s charges and pay a $7
million penalty, among other remedies.
SEC, FINRA Announce 2009 CCOutreach BD Regional Seminars The
Securities and Exchange Commission and the Financial Industry Regulatory Authority (FINRA)
today announced the opening of registration for five CCOutreach BD regional seminars in
2009.
Senior Supervisors Group Issues Report on Management of Recent Credit Default
Swap Credit Events The Senior Supervisors Group that comprises senior financial
supervisors from seven countries (United States, Canada, France, Germany, Japan, Switzerland,
United Kingdom) today issued a report that assesses how firms manage their credit default swap
activities related to the settlement of credit derivatives transactions terminated by the occurrence of
a credit event.
SEC Roundtable to Examine Oversight of Credit Rating Agencies Washington,
D.C., March 6, 2009 - The Securities and Exchange Commission will hold a roundtable on April 15
relating to its oversight of credit rating agencies. Discussion topics will include issues related to
recent SEC rulemaking initiatives, such as conflicts of interest, competition, and transparency.
SEC Charges Los Angeles-Based Investment Adviser for Taking Warrants Paid for by
Clients The Securities and Exchange Commission has announced an enforcement
action against Los Angeles-based investment adviser M.A.G. Capital LLC and its president and
sole owner, David F. Firestone, for taking warrants from three hedge funds that M.A.G. advises
without compensating the funds for them.
Better Business Bureau of Metropolitan New York, FINRA Introduce
Resource for Workers to Make Smart Financial Decisions After a Job Loss The Better
Business Bureau (BBB) of Metropolitan New York and FINRA launched a resource for workers
experiencing job loss as a result of corporate mergers, layoffs or closings. The information is
designed to help workers make sound financial decisions regarding their personal finances,
retirement funds and other severance pay during periods of unemployment. In addition, workers
are urged to protect themselves from financial fraud by checking the backgrounds of those offering
them financial services or advice.
Nothing
herein is intended as legal or financial advice. The law is different
in different jurisdictions, and the facts of a particular matter can change
the application of the law. Please consult an attorney or your financial
advisor before acting upon the information contained in this article.
SECLaw.com
was created by Mark J. Astarita,
Esq., a securities attorney and partner in the law firm of Beam
& Astarita, LLC, who represents financial professionals in a wide
variety of matters. Mr. Astarita can be contacted by email at astarita@beamlaw.com.
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