Académique Documents
Professionnel Documents
Culture Documents
docx
1 RULE NEWS FINRA
FINRA BOARD OF GOVERNORS: RULEMAKING ITEMS FOR DISCUSSION AT THE SEPTEMBER MEETING The FINRA Board of Governors will consider the following rulemaking items at its September 2013 meeting. After the September 19 meeting, FINRA will notify firms via email about the Board's actions on these items and anticipated next steps, if any. Alternative Display Facility (Adf). The Board will consider several proposed amendments to the rules governing the ADF, including changes in connection with the migration of the ADF to a new technology platform, requirements for new participants to the ADF, and order reporting procedures. Alternative Trading System (ATS) Aggregate Volume Data Fee . The Board will consider proposed fees to be applied to the receipt by professionals of ATS aggregate volume data published by FINRA. DISCLOSURES RELATED TO RECRUITMENT PRACTICES AND ACCOUNT TRANSFERS. The Board will consider an updated proposal to require disclosure of compensation a registered representative receives in connection with changing firms and other important considerations for a customer deciding whether to follow the representative to the new firm. EQUITY TRADE REPORTING. The Board will consider proposed amendments to the FINRA trade reporting rules in connection with the migration of FINRA equity trade reporting facilities to a new technology platform.
FINRA
FINRA AUGUST 2013 MONTHLY RECAP September 11, 2013 Revisit the latest FINRA Notices, compliance resources and news from August 2013. PODCAST: August 2013 Monthly Recap (10 min. 30 sec.) 3A WHOS NEWS SEC
NEW SEC DIRECTORS FOR BOSTON AND SAN FRANCISO REGIONAL OFFICES. SEC NAMES JINA L. CHOI AS DIRECTOR OF SAN FRANCISCO REGIONAL OFFICE SEC PRESS RELEASE 13-177 Washington D.C., Sept. 11, 2013 The Securities and Exchange Commission today announced the appointment of Jina L. Choi as director of the San Francisco Regional Office, where she will oversee enforcement and examinations in Northern California and the Pacific Northwest. Ms. Choi joined the SEC staff in 2000 and became a branch chief in 2005 before being promoted to assistant director in 2010. In addition to managing cases in the San Francisco office, Ms. Choi has helped lead investigations in the nationwide Market Abuse Unit that focuses on insider trading and other complex manipulation schemes.
pg. 1
3B
WHOS NEWS
SEC
SEC NAMES PAUL LEVENSON AS DIRECTOR OF BOSTON REGIONAL OFFICE SEC PRESS RELEASE 13-179 Washington D.C., Sept. 12, 2013 The Securities and Exchange Commission today announced that Paul Levenson has been named director of the Boston Regional Office, where he will oversee enforcement and examinations in the New England region. Mr. Levenson joins the SEC from the U.S. Attorneys Office for the District of Massachusetts, where he is an Assistant U.S. Attorney and Chief of the Economic Crimes Unit that is responsible for investigations and prosecutions of financial crimes. Mr. Levenson has successfully coordinated many criminal investigations with the SECs Division of Enforcement during his tenure i n the U.S. Attorneys Office. He will begin working at the SEC in late October. Paul has served with great distinction as a supervisor and prosecutor of securities and other white collar cases, said Geor ge S. Canellos, Co-Director of the SECs Division of Enforcement. We are thrilled that he will be brin ging his formidable legal skills, vast experience, and judgment to the SEC as leader of our Boston Regional Office. Andrew J. Bowden, Director of the SECs Office of Compliance Inspections and Examinations, said, Paul has been working energetically and effectively to protect investors for the last 23 years. He also is an excellent manager. We are excited that he has decided to continue his work with our dedicated team in Boston. Mr. Levenson said, I am honored to have been chosen as the regional director of the SECs Boston office. As a federal prosecutor in Massachusetts, I have worked closely with the lawyers and examiners in the Boston office and have been enormously impressed by their talent, professionalism, and dedication to enforcing the federal securities laws. I look forward to working with them to carry out the SECs mission of investor protection and fair and orderly markets.
pg. 2
CURRENT SEC PRIORITIES REGARDING HEDGE FUND MANAGERS NORM CHAMP, SEC DIRECTOR OF THE DIVISION OF INVESTMENT MANAGEMENT PLI Hedge Fund Management Conference, New York, New York Sept. 12, 2013 Thank you, Nora, for the kind introduction. Good morning and thank you for inviting me to speak to you today it is a privilege to open-up this seminar on behalf of such a distinguished panel of seasoned practitioners, some of which are current or former colleagues. I am certain that you will benefit from their invaluable insight into some of the trends and challenges facing the hedge fund industry. Before proceeding, let me remind you that the views I express are my own and do not necessarily reflect the views of the Commission, any of the Commissioners, or any of my colleagues on the staff of the Commission.[1] This is truly an opportune time to examine the regulatory landscape for hedge funds and their advisers many of you are probably returning from vacations during a summer that witnessed the third anniversary of the enactment of the Dodd-Frank Act and just in time for the effective date of some significant rulemakings relating to a private placement exemption often used by hedge funds. As you know, the Dodd-Frank Act imposed greater oversight on advisers to hedge funds, while recent changes were made to the private placement exemptions by the JOBS Act. These changes create both opportunities and challenges for those advisers managing hedge funds. For this morning, I will begin with a discussion on what you are likely most interested in the general solicitation and the bad actor rules. Afterward, I will focus on our continuing efforts to be better informed regulators. In the post-Dodd-Frank era, we are more cognizant regulators not only because of the enhanced data we receive from you regarding the size and operations of your industry, but also due to our continuous efforts to improve our ability to use that data and our heightened focus on industry awareness. After an overview of what we now know about your industry and how we intend to use it, Ill highlight some regulatory initiatives of interest to the hedge fund industry. However, before I finish this morning, I want to briefly share some thoughts on the importance of a robust culture of compliance, which is underscored by the recent Commission actions against hedge fund managers for insider trading. GENERAL SOLICITATION AND BAD ACTORS. Over the summer, the Commission adopted two significant Congressionally-mandated changes to Rule 506 of Regulation D the private placement exemption that many hedge funds rely on to offer their interests in the U.S. Before addressing some specific aspects of these rules, it may be helpful to quickly revisit how we got here. As most of you know, the JOBS Act mandated that the Commission lift the ban on general solicitation and general advertising to, among other things, provide new ways for companies to raise capital. We are committed to taking steps to pursue additional investor safeguards if and where such measures become necessary once the ban on general solicitation is lifted.[2] In other words, as we fulfill our mission to facilitate capital formation, we remain focused on strong investor protections. Therefore, in connection with the changes to Rule 506, the Commission proposed additional amendments intended to enhance the Commissions ability to evaluate the development of market practices in Rule 506 offerings and address certain concerns raised by commenters related to the types of investors that would be attracted by general solicitation.[3]
pg. 3
pg. 4
pg. 5
pg. 6
SEC SPEECH
REMARKS AT SOCIETY OF CORPORATE SECRETARIES & GOVERNANCE PROFESSIONALS SEC COMMISSIONER DANIEL GALLAGHER 67th National Conference, Seattle, Washington July 11, 2013
pg. 7
pg. 8
pg. 9
pg. 10
SEC OFFICE OF INVESTOR EDUCATION AND ADVOCACY SEC-NASAA INVESTOR BULLETIN MAKING SENSE OF FINANCIAL PROFESSIONAL TITLES PUBLISHED 9/11/13 The Securities and Exchange Commissions (SEC) Office of Investor Education and Advocacy and the North American Securities Administrators Association (NASAA) are jointly issuing this Investor Bulletin to help investors better understand the titles used by financial professionals. The requirements for obtaining and using these titles vary widely, from rigorous to nothing at all. To use certain titles, a financial professional may need to pass exams, meet ethical standards, have relevant work experience, and undertake continuing education. Other titles, however, may be obtained with little time, effort, and experience. Neither the SEC nor NASAA endorses any financial professional titles. We encourage you to look beyond a financial professionals title to determine whether he or she can provide the type of financial services or products you need. REGISTRATION OR LICENSING STATUS OF FINANCIAL PROFESSIONALS . Financial professional titles and licenses are not the same. A financial professional may use various titles whether or not he or she is registered or licensed with a regulatory authority. Financial professionals that are registered as a broker-dealer or investment adviser have obtained registrations and licenses granted by federal or state regulatory authorities. Working with a financial professional who is registered with or licensed by federal or state authorities affords you certain legal protections. The same financial professional may register in more than one capacity. For example, many financial professionals register as both a registered representative with a broker-dealer firm and an investment adviser. Also, a financial professional selling some insurance products, such as variable annuities, may be regulated as both a registered representative of a broker-dealer and an insurance agent. Insurance agents are subject to state insurance laws and are regulated by state insurance regulators. USE OF TITLES BY FINANCIAL PROFESSIONALS. Do not rely solely on a title to determine whether a financial professional has the expertise that you need find out what the title means and what the financial professional did to obtain it. Some titles are granted by private organizations, such as a trade group. While some private groups that grant titles may provide a method for you to complain about one of their members and can discipline a member for misconduct, there are other groups that do not take complaints or discipline their members. Still other titles may be simply purchased, or even made up by financial professionals hoping to imply that they have certain expertise or qualifications; such titles are generally marketing tools and are not granted by a regulator. As with any title, you should verify a financial professional is really qualified to advise you. See How to Check on the Financial Professionals Title below for more information. HOW TO CHECK ON THE FINANCIAL PROFESSIONALS TITLE. If a financial professional tells you that he or she has a certain professional title ask questions. Some questions you can ask include: Who awarded your title? n What are the training, ethical, and other requirements to receive the title? Did you have to take a course and pass a test? Does the designation require a certain level of work experience or education? to maintain the designation, are you required to take refresher courses? How can I verify your standing with this organization?
pg. 11
Like the SEC and state securities regulators (NASAA), FINRA does not grant, approve or endorse any professional designation. Professional organizations also may offer information online about the titles that they grant. In some cases, the granting organizations website may allow you to verify that a person has earned a certain t itle. For example, the website of the Certified Financial Planner Board of Standards http://www.cfp.net/allows visitors to search for CFP professionals to verify CFP certification. Even after checking, it may not be clear to you whether a title represents relevant expertise, a marketing tool, or something else. Thats why you should always check the financial professionals background, rather than relying solely on the professionals title. To do your own online research about a brokers or investment advisers professional qualifications, experience, education, and any disciplinary history, visit: The SECs Investment Adviser Public Disclosure website at: http://www.adviserinfo.sec.gov, or BrokerCheck, a FINRA website at: http://www.finra.org/ Investors/toolsCalculators/BrokerCheck/. Your states securities regulator can also provide all of this information to you and help you understand how to interpret the information. to find your states securities regulator, go to the NASAA website at http://www.nasaa.org/about-us/contact-us/contact-yourregulator/.
KEY QUESTIONS YOU SHOULD CONSIDER ASKING A FINANCIAL PROFESSIONAL ABOUT FINANCIAL PROFESSIONAL TITLES GENERAL QUESTIONS Are you employed by a registered broker-dealer? If yes, use FINRAs BrokerCheck website, available at www.finra.org/Investors/ToolsCalculators/BrokerCheck, to find out about the financial professionals qualifications, experience, education, and disciplinary history. Are you employed by a registered investment adviser? If yes, are you registered with a state securities regulator or the SEC? If the financial professional is registered with the SEC, use the SECs Investment Adviser Public Disclosure website, available at www.adviserinfo.sec.gov, to find out about the financial professionals registrations, qualifications, experience, education, and disciplinary history. Are you or your firm registered with a state securities regulator? If so, contact that regulator to find out where you can find out about the financial professionals registrations, qualifications, experience, education, and disciplinary history. A list of state securities regulators is available on the North American Securities Administrators Association website at http://www.nasaa.org/about-us/contact-us/contact-your-regulator/. Are you or your firm registered with any other state or federal regulator? If so, contact that regulator to find out about the financial professionals registrations, qualifications, experience, education, and discipli nary history.
QUESTIONS REGARDING SPECIFIC FINANCIAL PROFESSIONAL TITLES What is the name of the organization that awards the financial professional title?
pg. 12
COMPLIANCE RESOURCES
SEC
COMPLIANCE OUTREACH PROGRAM - INVESTMENT ADVISORS NEW YORK REGIONAL OFFICE SEPTEMBER 13, 2013 AGENDA Registration (9:00 am 9:30 am) Welcome and Opening Remarks (9:30 am 9:45 am) Ken C. Joseph, Associate Director, New York Regional Office Examination Program Panel 1: Newly Registered Advisers (9:45 am 10:45 am) William J. Delmage, Assistant Director Linda A. Heaphy, Exam Manager Nell Spekman, Staff Accountant Joseph P. DiMaria, Assistant Director Raymond J. Slezak, Assistant Director Break (10:45 am 11:00 am) Panel 2: Form PF (11:00 am 11:45 am) Anthony Fiduccia, Assistant Director Marc Wyatt, Senior Specialized Examiner, National Exam Program Alpa Patel, Senior Counsel, Division of Investment Management Panel 3: Recent Developments (11:45 am 12:30 pm) Kathleen Furey, Senior Counsel Jon Hertzke, Assistant Director, Division of Investment Management, Risk and Examinations Office Kenneth OConnor, Exam Manager, Division of Investment Management, Risk and Examinations Office Valerie Szczepanik, Assistant Director, Division of Enforcement, AMU Break (12:30 pm 12:45 pm) Panel 4: Investment Advisers and Dual Registration (12:45 pm 1:30 pm) Dawn M. Blankenship, Assistant Director George DeAngelis, Assistant Director Jennifer A. Grumbrecht, Assistant Director Jennifer Klein, Exam Manager Closing Remarks/Q&A (1:30 pm 1:45 pm) Ken C. Joseph, Associate Director
pg. 13
ON THE MOVE
DEALBOOK
MORGENTHALER PARTNERS HANG OUT A SHINGLE WITH $175 MILLION FUND September 12, 2013, 7:00 am Three partners at the venture capital firm Morgenthaler Ventures are striking out on their own, with a new fund to make earlystage investments in software companies. The new fund, known as the Canvas Venture Fund, has attracted $175 million, the partners plan to announce on Thursday. It is the first fund raised by a company they recently formed, the Morgenthaler Technology Investment Company. For Morgenthaler Ventures, the offshoot represents another step in the evolution of one of Silicon Valleys oldest firms. The three partners Gary Little, Rebecca Lynn and Gary Morgenthaler will remain partners at Morgenthaler Ventures even as they run their new fund. Founded 1968 by David Morgenthaler, who is Garys father, Morgenthaler Ventures has moved from a generalist approach to one of greater specialization. Last year, the firms life sciences group joined with partners from Advanced Technology Ventures to form Lightstone Ventures, which invests in medical device and biotechnology companies. The move toward becoming a boutique was motivated in part by pressures in the broader venture capital market, Mr. Little said. The landscape has evolved into the global brand V.C.s that have multiple funds in multiple countries, and then the speciali st boutique firms, he said. Its been challenging for those that are in the middle. Based in Menlo Park, Calif., the Canvas fund plans to make early investments known in the industry as Series A and Series B in software firms serving businesses and other information technology companies. There is a good chance that one of the fir st investments will be in the financial technology area, Mr. Little said. To raise their fund, the Canvas team turned to investors that had previously committed money to the latest Morgenthaler Venture funds. Though the new fund had an initial target size of $150 million, the partners allowed the size to climb to $175 million amid strong demand. At least one investor had concerns about the fund growing that large. On balance, we would have preferred them not to have done that, said Ashton Newhall, a co -managing general partner at Greenspring Associates, a fund near Baltimore that invested $10 million to $20 million in Canvas. But I think theres a rath er cohesive argument for why, and what theyre planning to do. Canvas said it planned to take a selective, thoughtful approach to investments by focusing on large stakes ranging from $5 million to $15 million. Mr. Little contrasted his strategy with that of other investors that make a lot of smaller investments and then nurture the ones that do well.
pg. 14
WHOS NEWS
DEALBOOK
MARK CUBAN INVESTS IN START-UP TO CONNECT COMPANIES TO M.B.A.S September 12, 2013, 6:29 am CUBAN TAKES TIME OUT FROM HIS BATTLE WITH THE SEC OVER INSIDER TRADING CHARGES. It started with a cold call: an e-mail in July to the billionaire investor Mark Cuban, asking him for money. The company seeking the financing, HourlyNerd, had a payment due to its development firm, so it ruled out applying to appear on Shark Tank, the venture capital reality show starring Mr. Cuban, because that would take too long. To the surprise of Robert D. Biederman, a co-founder of HourlyNerd, Mr. Cuban responded about 15 minutes later. He was in. After some back and forth with Mr. Cubans lawyers, Mr. Biederman received word that the billionaire would commit $450,000, far more than the companys founders had expected. My heart kind of stopped, said Mr. Biederman, 27, who was at the gym when he received the news. It was definitely the most exciting moment of my business career. Granted, Mr. Biedermans business career is still getting going. He and his co -founders started the company in a class at Harvard Business School, where he is in his second year. The seed financing, which the company plans to announce on Thursday, totals $750,000 and includes investments from Accanto Partners and Connect Ventures. That compares with the $5,000 that the company received initially through a class at Harvard. In connection with the investment, Robert Doris, the founding partner of Accanto, is joining HourlyNerds board. Through its online marketplace, HourlyNerd puts companies in touch with M.B.A. students and graduates looking to offer consulting services part time. The company says it can offer businesses high-quality consultants at a low price, typically $25 to $75 an hour. I invested because I saw the value the service offered to many of my portfolio companies, Mr. Cuban said in an e-mail. For any number of reasons, its hard for start-ups and early-stage companies to hire great brain power. HourlyNerd allows these companies to bring in affordable expertise and pay for it only as long as yo u need it. After starting in February, HourlyNerd says it has grown to include more than 300 companies on its platform, with more than 900 M.B.A.s from a number of business schools.
pg. 15
NEW YORK REGULATOR SEES ABUSE INCREASING UNDER NEW INSURANCE RULES September 11, 2013, 10:03 pm Several big life insurers are going to have to set aside a total of at least $4 billion because New York regulators believe they have been manipulating new rules meant to make sure they have adequate reserves to pay out claims. The development stems from contentions by insurance compa nies that states regulations are forcing them to hold too much money in reserve. Many of them have engaged in secretive transactions to artificially bolster their balance sheets, often through shell companies in other states or countries. Regulators, who want to be sure companies have enough real liquid assets to pay all claims, have struggled to find a solution that all 50 states can agree on, and decided to test a new framework of rules. On Friday, New York State plans to drop out of that agreement, according to a letter from Benjamin M. Lawsky, the financial services superintendent, to his fellow state insurance regulators. In the letter, which was reviewed by The New York Times, Mr. Lawsky said the test, which started in 2012, showed that the new framework did not work and was, in fact, making the gamesmanship and abuses in the industry even worse. The move appears to be another attempt by Mr. Lawsky to address the much broader potential problem of the life insurance industrys use of the secretive transactions. He has derided them as financial alchemy because they seem to create surplus assets out of thin air. In June, Mr. Lawsky called on other state insurance regulators to join him in blocking any more of these transactions. But other regulators said they wanted instead to keep pursuing a test of the new regulatory framework. The test covers a narrow segment of the life insurance business, but state regulators, through the National Association of Insurance Commissioners, are committed to extending the framework to all parts of the life insurance industry over the next few years. But the new framework is so loose as to be practically illusory, Mr. Lawsky said in his letter. A sample of 16 insurers in the test were expected to increase their reserves by $10 billion, he said, but instead only $668 million was added. And that was at just five of the 16 companies; the others did not report any reserve increase at all and in fact seemed inclined to reduce their reserves by about $4 billion. This cannot possibly be the compromise that we as insurance regulators had in mind, he told the other commissioners in his letter. Starting on Friday, New York will revert to its previous way of calculating reserves, at least for the type of life insurance being tested, requiring insurers that offer it to add a total of $4 billion to their reserves. Known as universal life with secondary guarantees, the insurance offers both death benefits and a cash value to policyholders. Because its design is highly flexible, it has for years been subject to questions about the amount of reserves that should back it. Leading companies that sell such insurance include Lincoln National, Genworth, Principal, John Hancock, U.S. Life and Sun Life. When asked about New Yorks move, company officials said they could not comment because they still knew little about it.
pg. 16
11
WHOS NEWS
DEALBOOK
AFTER GOLDMAN AND A BOOK, GREG SMITH EMERGES TO AID REGULATORS September 11, 2013, 3:12 pm Greg Smith created a headache for Goldman Sachs last year when he resigned from the firm through a harshly worded Op-Ed article in the pages of The New York Times. Now it appears that Mr. Smith is back on Wall Streets case. But this time, hes helping regulators draft rules intended to rein in risky trading.
pg. 17
Former Goldman Sachs Ping-Pong Star Is Keeping Busy, read the headline on Mr. Levines post, a nod to Mr. Smiths table tennis prowess. The news also lit up Twitter, where the wise cracks were plentiful: Ohgoodlord, Greg Smith back to semi-relevance: Former Goldman Sachs Ping-Pong Star Is Keeping Busy http://t.co/vi4JGzeb70 via @BloombergView Tobin Harshaw (@tobinharshaw) 11 Sep 13 SEC starving for info on mrkt practices @TonyFratto: @cate_long Weird to me that theyd meet with Greg Smith on Volcker. @counterparties Cate Long (@cate_long) 11 Sep 13 And just when you think Greg Smiths 15 minutes are over, the former Goldman employee meets with the SEC http://t.co/LwTNp88tLG $GS Katy Finneran (@KatyFinneran) 11 Sep 13 SEC should probably just hire Greg Smith. Probably dont have to worry about the revolving door with his past. http://t.co/6ZUtQiWdpj Nick (@9Joe9) 11 Sep 13
12
BIG BANKS
BLOOMBERG
JPMORGAN REMOVES LENDING BARRIERS IN BOOMING U.S. MARKETS By Prashant Gopal, Heather Perlberg and Dakin Campbell - Sep 11, 2013 JPMorgan Chase & Co. (JPM), the nations largest bank by assets, is easing mortgage lending standards in housing markets hard hit by the crash where prices are surging.
pg. 18
pg. 19
pg. 20
13
BLOOMBERG
RBS SUED BY WESTLB BAD BANK OVER CPDO DEAL THAT LOST $42 MILLION By Kit Chellel - Sep 12, 2013 Royal Bank of Scotland Group Plc was sued by the successors of WestLB AG for allegedly misleading the failed German lender in a 2007 derivatives investment that lost more than 60 percent of its value. WestLB lost 31.7 million euros ($42 million) on a 50 million-euro deal linked to constant proportion debt obligations created by RBSs ABN Amro unit, Erste Abwicklungsanstalt and Portigon AG, the two entities that control the remnants of the bank, said in court documents filed Sept. 6 in London. The triple A-rated instruments were considerably riskier than advertised, while ratings companies assessed them using faulty models provided by ABN, according to the claim. Portigon is helping EAA sell Dusseldorf, Germany-based WestLBs holdings and wind up its operations. CPDOs, leveraged vehicles that comprised default insurance linked to company indexes, lost almost all their value after the 2008 collapse of Lehman Brothers Holdings Inc. caused the price of underlying credit-default swaps to fall. Banks have been sued over a variety of products that faltered after the crisis, ranging from interest-rate swaps to mortgage-backed securities. Twelve Australian towns lost more than 90 percent of what they invested in ABN Amros Rembrandt notes, and won A$20 million ($18.5 million) in damages after suing ABN and McGraw Hill Financial Inc. (MHFI)s Standard & Poors for misleading them.
pg. 21
14
RULE NEWS
BLOOMBERG
U.K. BANKS FACE $79 BILLION CAPITAL BOOST IN FUTURE RULES By Ben Moshinsky - Sep 12, 2013 The eight biggest U.K. banks may need to boost capital levels by 50 billion pounds ($79 billion) or shrink their balance sheets by 20 percent to meet tougher international rules in the future, a report said. Regulators may require banks to meet a higher 5 percent leverage ratio, guidelines on transparency and tougher rules on how they weight assets for risk in the next round of capital regulations set by the Basel Committee on Banking Supervision, once the current standards are put in place by 2019, New York-based accounting firm KPMG said in the report. Even before Basel III is fully implemented, Basel IV may be emerging from the mist, KPMG said in the report. International banks have raised about $500 billion in capital in the aftermath of the financial crisis and fall of Lehman Brothers Holdings Inc. five years ago and are moving closer to complying with global capital rules known as Basel III, Mark Carney, chairman of the Financial Stability Board and governor of the Bank of England, said in a speech last week. Global banks had core capital reserves averaging about 9 percent of their risk-weighted assets at the end of 2012, more than the 7 percent required under the updated standards, the Basel committee said in a report last month. The minimum ratio of equity to debt, known as the leverage ratio, is 3 percent. The outlines of Basel IV are already becoming visible, five years before the technical implementation deadline for Basel III, Giles Williams, a financial services partner at KPMG, said in the statement. Care needs to be taken that the banks are not b eing asked to do too much too soon. RELENTLESS LOBBYING. Sheila Bair, the former chairwoman of the Federal Deposit Insurance Corporation, told Bloomberg Television yesterday that banks should be subject to a minimum leverage ratio of 8 percent. The level of bank lobbying of regulators on the leverage ra tio has been disheartening and relentless, Bair said. International standards set by the Basel committee require banks to meet minimum capital requirements, measured as a percentage of their assets. The amount of capital that must be held is linked to the riskiness of the assets, with large banks allowed to use their own models to calculate the likelihood of losses. This process is known as risk-weighting.
pg. 22
15
WHOS NEWS
BLOOMBERG
BOFAS ROBERTS SAID TO BE NAMED GLOBAL HEAD OF RATES TRADING By Hugh Son - Sep 12, 2013 David Sobotka, who became Bank of America Corp. (BAC)s sole chief of fixed -income trading yesterday, named Will Roberts head of global rates and structured credit, said three people with knowledge of the move. Roberts, 45, spent five years at Goldman Sachs Group Inc. until 2008 and joined Bank of America in 2011 to work with his former boss, co-Chief Operating Officer Thomas K. Montag, said the people, who asked not to be identified because the change hasnt been announced publicly. He will be in charge of sovereign debt, swaps and rate -options trading. Sobotka oversees a business that generated 13 percent of Bank of Americas revenue in 2012. He becomes head of fixed-income, currency and commodities trading after co-leader Gerhard Seebacher said he would leave at the end of the month, the people said. Sobotka reports to Montag, the former Goldman Sachs trading head who became Bank of Americas co -chief operating officer in 2011. Roberts was head of structured credit at New York-based Goldman Sachs and led counterparty portfolio management at Bank of America, the people said. The Charlotte, North Carolina-based firm is the second-biggest U.S. lender by assets. The appointment is the latest change under Sobotka. He named James DeMare head of global mortgages and securitized products after Michael Nierenberg joined Fortress Investment Group LLC, according to a memo obtained by Bloomberg News. 16 Category:
HANK PAULSON CONTINUES HIS PURSUIT OF REDEMPTION 5 YEARS AFTER SERVING AS TREASURY SECRETARY DURING THE CREDIT CRISIS. THIS TIME, HE ADMITS TO HAVING SOUGHT DEVINE GUIDANCE WHEN DEALING WITH THE COLLAPSE OF LEHMAN BROTHERS. LEHMAN BROTHERS ABYSS HAD PAULSON SEEKING PRAYER AMID CRISIS By Henry Paulson, as told to Joe Berlinger and Josh Tyrangiel - Sep 12, 2013 People werent taking Dick Fulds calls the weekend before Sept. 15, because Dick had been in denial for a long t ime. As the chief executive officer of Lehman Brothers, he had asked the New York Fed and the Treasury weeks earlier to put capital into a pool of nonperforming illiquid mortgages that he wanted to put in a subsidiary he called SpinCo and spin off. We had explained that we had no authority to do that. He thought somehow there was something the government could do to help. How could it be that no one would want to buy his company? He just couldnt believe it. I was one of the few people speaking with him, and I told him what was happening: We couldnt find a buyer, and without one, the government was powerless to save Lehman. He was devastated. You would have to be a CEO to really understand what he was going through. He obviously loved the firm -- viewed it as his firm -- and to have it go down when youre at the helm, there cant be much thats more devastating than that professionally. But the Lehman Brothers bankruptcy on Sept. 15 was hardly the end of the crisis. It wasnt the beginning, either.
pg. 23
pg. 24
pg. 25
pg. 26
pg. 27
17
WHOS NEWS
BLOOMBERG
pg. 28
18
BLOOMBERG
CORDRAY SAYS LENDERS READY FOR COMPLIANCE WITH MORTGAGE RULE By Carter Dougherty - Sep 12, 2013 Mortgage lenders will be ready to follow a new underwriting rule that takes effect in January, the director of the Consumer Financial Protection Bureau, Richard Cordray, said today. Most of the institutions have told us that they will be in compliance, Cordray said at a hearing of the House Financial Services Committee in Washington. As part of its overhaul of mortgage rules in the wake of the 2008 financial crisis, CFPB finalized a regulation in January, to take effect one year later, that imposes new mortgage underwriting requirements on lenders. In exchange, they can receive a measure of protection from lawsuits associated with loan origination. Among the requirements of the qualified mortgage rule, as it is called, is that lenders take certain steps to confirm a bo rrowers ability to repay the mortgage. The rule will apply equally to banks such as Wells Fargo & Co. (WFC) and JPMorgan Chase & Co. (JPM) that originate mortgages, and non-bank lenders such as Ocwen Financial Corp. (OCN) and Nationstar Mortgage Holdings Inc. (NSM) Smaller banks have complained that the rule is burdensome enough to drive them out of mortgage lending. Cordray stressed that there are exemptions that often apply to them. For example, if a bank keeps a loan in its portfolio and has less than $2 billion in assets, the loan is automatically a qualified mortgage. Many of them dont seem to fully appreciate that, Cordray said. Later he added, it would be a bad business decision if the y left that money on the table and did not make those loans. Some Democrats who support the CFPB also raised the issue of the regulatory burden associated with the qualified mortgage rule. Paperwork is a nebulous term until you see what paperwork means to a smaller bank, Representative Al Green, a Texas Democrat, told Cordray.
pg. 29
SEC'S WHITE TO PUSH EXCHANGE EXECUTIVES FOR BETTER DATA BACKUPS Traders Magazine Online News, September 12, 2013 (Bloomberg) Exchange executives and securities regulators will discuss improvements in systems for distributing price data as they meet in Washington today in the latest attempt to strengthen the fragmented U.S. equity market. Securities and Exchange Commission Chairman Mary Jo White plans to hold private talks with the chief executive officers of the 13 U.S. stock exchanges to discuss the Aug. 22 failure in Nasdaq OMX Group Inc.'s backup system for disseminating prices, which prompted a three-hour trading halt for thousands of companies. The malfunction was the latest in a series of mishaps that have shaken confidence in computerized trading since May 6, 2010, when an algorithm briefly caused markets to erase about $862 billion in share value. The SEC expects Nasdaq and NYSE Euronext to explain that incident and coordinate with other exchange operators to prevent future occurrences. "They are encouraging the exchanges to work together to make sure the systems are as redundant as possible," said David A. Herron, chief executive officer of Chicago Stock Exchange Inc., who will attend the meeting. "I think the industry will step up and do the right thing." White, who was a Nasdaq Stock Market Inc. board member from 2002 to 2006, has said she will seek new protocols for breaking trades if a network fails and push to advance rules that would require exchanges to show trading can continue through natural disasters and programming glitches. SEC Enforcement Co-Chief Andrew Ceresney, speaking yesterday at a Practicing Law Institute seminar in New York, said Nasdaq's trading halt demonstrated the need for investigators to take a closer look at whether market participants have adequate policies and safeguards in place to keep up with the technology they use. SNOWBALLING MALFUNCTION. Nasdaq's computers were flooded Aug. 22 with data from NYSE Arca, a rival exchange, revealing a bug in Nasdaq's software that disabled systems that should have prevented the malfunction from snowballing, according to a statement. The challenges were "clearly within the control of Nasdaq OMX," the company said. Nasdaq experienced another glitch with the system on Sept. 4. This time, the backup worked and the problem only lasted six minutes. The exchange said the data feed suffered a "hardware memory failure" that forced a switch to a backup. The private meeting will focus new scrutiny on the price networks, known as securities information processors, that distribute stock prices to the public. The three SIPs for U.S. equity markets are run by Nasdaq and NYSE Euronext. SIPs gather price data from each exchange, consolidate it, and then sell the information to brokers and other securities firms. All exchange participants share the revenue earned from selling the data, which is prescribed by an SEC rule. Nasdaq's recent failures underscore the risk of relying on a single system to disseminate market data. An SEC advisory committee recommended in 2001 that the commission encourage competition by opening up the market-data business to outside consolidators. The commission rejected that idea in a 2005 update of national-market system rules known as Regulation NMS. 'REGULATORY MANDATE'. "This notion that people should pay for the quotes by regulatory mandate was back in a time when you needed mainframe computers and hundreds of millions of dollars to aggregate quotes and provide information to the public about security prices, but we haven't needed that for 25 years," said Harold S. Bradley, who served on the 2001 committee and is a former chief investment officer for the Ewing Marion Kauffman Foundation. "So the SIP ends up being a choke point in a high- frequency trading world and an enormous source of revenue for the exchanges."
pg. 30
NEW FINRA DARK POOL RULE COULD SURFACE NEXT MONTH Traders Magazine Online News, September 11, 2013 John D'Antona Jr. The Financial Industry Regulatory Authority is likely to publish a draft of a rule proposal requiring dark pools to report their trading volume in October or November, Traders Magazine has learned. That will be followed by the submission of a formal rule proposal to the Securities and Exchange Commission before the end of the year. The chances for its approval next year are high, according to industry execs. Christopher Nagy, head of KOR Trading told Traders Magazine that discussions are underway for a formal reporting rule. While no information has been made public by FINRA, he feels confident that a timeline for any possible rule is taking shape. FINRA first announced its plans to promulgate a reporting rule in July. Driving the idea for such a rule are complaints by exchanges that too much trading is taking place off-board in dark pools and brokers internalization engines. Such a disclosure rule is considered a positive first step in achieving an understanding of the extent of dark pool trading. While a formal public regulation has yet to be drafted by Finra, one is in the works both executives said, saying talks began back in June. A draft of the proposed rule is likely as early as October or in November. Once a draft is put out and discussed, a formal rule proposal will be sent to the SEC, presumably later this year with a comment period to follow, likely stretching into 2014. Full approval and implementation could happen during the first half of next year. KOR's Nagy, who has experience in such matters from his days as managing director for order routing and market data strategy and co-head of government relations at TD Ameritrade, said that Finra was currently working with the broker-dealers that run their own dark pools, other alternative trading system operators and the buyside to come up with a reporting system all could work with. "This regulation will get passed," Nagy said of the to-be-announced regulation. "The feeling of some operators is this type of mandate to report is ok but the frequency of said reports needs to be sorted out first." Dan Mathisson, head of equity trading at Credit Suisse, who said he had not seen any proposal yet, agreed with Nagy that a rule governing dark pool volume reporting would likely pass. He told Traders Magazine that he supports the idea of a Finra proposal despite not seeing all the details just yet and that a date of early 2014 for a final rule was likely. Credit Suisse was one of several dark pool operators that self-reported its volumes but subsequently stopped in April due to frustration concerning the lack of uniform reporting criteria among self-reporters, according to Mathisson. FINRA failed to respond to an email seeking comment by press time.
pg. 31
21
NYSE
MOST RECENT DISCLIPLINARY ACTIONS BY NYSE LLC. 13-NYSE-15 13-NYSE-12 13-NYSE-11 13-NYSE-9 13-NYSE-8 13-NYSE-7 13-NYSE-6 13-NYSE-5 13-NYSE-4 13-NYSE-3 13-NYSE-2 13-NYSE-1 22 Barclay Capital Inc. [ 8/7/13] Scott James Wetzel [7/3/13] Knight Capital Americas LLC [ 7/1/13] Brian C. Gilgan Richard S. Cohen Raven Securities Corp Sun Trading LLC Jefferies Execution Services Inc Barclays Capital Inc W.J. Blum & Sons LLC Nomura Securities Fortis Clearing Americas LLC NYSE
RULE NEWS
INFORMATION MEMO 13-18 9/4/13 TO: CEOs. Managing Partners. Compliance And Legal Departments FROM: NYSE REGULATION, INC SUBJECT: NYSE RULE 9520 (Eligibility Proceedings) On July 1, 2013, a new set of NYSE rules governing investigations, discipline of member organizations and covered persons, sanctions, cease and desist authority, and other procedural rules modeled on the rules of the FINRA became effective.1 The new rules include the NYSE Rule 9520 Series, which governs eligibility proceedings for persons subject to statutory disqualifications who are not FINRA members or associated persons. As described in the approval order concerning the adoption of these rules,2 the Exchange is issuing this Information Memo to inform member organizations and covered persons that the interpretive guidance for the FINRA Rule 9520 Series set forth in FINRA Regulatory Notice 09-193 also applies to eligibility proceedings under the NYSE Rule 9520 Series. FINRA carries out these proceedings on behalf of the Exchange under a Regulatory Services Agreement. As noted in a recent rule filing, the Exchange will follow FINRA interpretive guidance concerning the Rule 8000 Series and Rule 9000 Series if the Exchange rule is substantially the same as the FINRA rule.4 The NYSE Rule 9520 Series is substantially the same as the counterpart FINRA rules, except as noted below with respect to hearings. CLICK TO CONTINUE READING IM 13-18. 23 WHAT WENT WRONG CBOE
MOST RECENT DISCLIPLINARY ACTIONS BY CBOE: August 12, 2013: 13-0038 RCI Limited Partnership August 12, 2013: 13-0033 and 13-0034 Coastal Trade Securities, L.L.C. July 29, 2013: 13-0031 Consolidated Trading, LLC, C. Lamberson and I. Shalit July 29, 2013: 13-0014 Toro Trading, LLC July 29, 2013: 13-0008 Hold Brothers Capital, LLC
pg. 32
NASDAQ OMX TRADER.COM ENHANCEMENTS TO TRADE HALT SEARCH AND CURRENT TRADE HALT PAGE Equity Trader Alert #2013 - 85 Thursday, September 05, 2013 Markets Impacted: All Markets WHAT YOU NEED TO KNOW. NASDAQ OMX Trader.com has made enhancements to the Trade Halt search functionality to allow additional search fields and a rolling year of history. The reason code section on the current halt page now displays the reason code trail of a halt, as well as the definition of the reason code when hovering your cursor. Click to Continue Reading ETA 13-85. 25 WHOS NEWS SEC
SEC NAMES PAUL LEVENSON AS DIRECTOR OF BOSTON REGIONAL OFFICE SEC PRESS RELEASE 13-179 Washington D.C., Sept. 12, 2013 The Securities and Exchange Commission today announced that Paul Levenson has been named director of the Boston Regional Office, where he will oversee enforcement and examinations in the New England region. Mr. Levenson joins the SEC from the U.S. Attorneys Office for the District of Massachusetts, where he is an Assistant U.S. Attorney and Chief of the Economic Crimes Unit that is responsible for investigations and prosecutions of financial crimes. Mr. Levenson has successfully coordinated many criminal investigations with the SECs Division of Enforcement during his tenure in the U.S. Attorneys Office. He will begin working at the SEC in late October. Paul has served with great distinction as a supervisor and prosecutor of securities and other white collar cases, said George S. Canellos, Co-Director of the SECs Division of Enforcement. We are thrilled that he will be bringing his formidable legal skills, vast experience, and judgment to the SEC as leader of our Boston Regional Office. Andrew J. Bowden, Director of the SECs Office of Compliance Inspections and Examinations, said, Paul has been working energetically and effectively to protect investors for the last 23 years. He also is an excellent manager. We are excited that he has decided to continue his work with our dedicated team in Boston. Mr. Levenson said, I am honored to have been chosen as the regional director of the SECs Boston office. As a federal prosecutor in Massachusetts, I have worked closely with the lawyers and examiners in the Boston office and have been enormously impressed by their talent, professionalism, and dedication to enforcing the federal securities laws. I look forward to working with them to carry out the SECs mission of investor protection and fair and orderly markets. Mr. Levenson joined the U.S. Attorneys office in 1989 and served in the civil division as well as the Economic Crimes Unit a nd Public Corruption Unit. He has led the Economic Crimes Unit since 2007. Mr. Levenson has helped lead the investigation and prosecution of white collar crimes ranging from securities fraud, foreign bribery, tax fraud, insurance fraud, bank fraud, health care fraud, official corruption, and embezzlement.
pg. 33
September 12, 2013 Citigroup surpasses $500B in alternative assets under administration. Citi announced it has surpassed $500B in alternative assets under administration, which includes over $300B in Hedge Fund assets under administration, and over $200B of committed Private Equity capital under administration. Ackermann to leave Siemens, FT reports. Josef Ackermann is expected to step down as a deputy chairman of the supervisory board of Siemens (SI) in what would be his second departure from a high-profile job in a matter of weeks, reports the Financial Times. The move comes after Ackermann, onetime head of Deutsche Bank (DB), resigned as chairman of Zurich Insurance (ZURVY) following the suicide of company CFO Pierre Wauthier who left a letter containing details of his difficult relationship with Ackermann. Reference Link UBS to host a conference. 13. Best of Americas Conference is being held in London, England on September 12-
07:47 DB EDT
Banks hurt by slowdown in home loans, WSJ reports. Bank executives (C, JPM, BBT) have been hoping they could dull the pain of a plummeting mortgage-refinance market by shifting focus to loans for home purchases. Thats not working out. The Mortgage Bankers Association said mortgage applications fell 13.5% in the week ended Sept. 6 from the previous week. The data reflect a 20% drop in refinancing and a 3% decline in purchase loans, reports the Wall Street Journal.Reference Link
pg. 34
On the Fly: Periodicals Wrap-Up. WALL STREET JOURNAL: Bank executives (C, JPM, BBT) have been hoping they could dull the pain of a plummeting mortgage-refinance market by shifting focus to loans for home purchases. Thats not working out. The Mortgage Bankers Association said mortgage applications fell 13.5% in the week ended Sept. 6 from the previous week. The data reflect a 20% drop in refinancing and a 3% decline in 06:13 JPM, purchase loans, the Wall Street Journal reports...Michael Dell is set to win a bruising, year long battle for control of EDT C his company. His next taskgetting Dell Inc. (DELL) growing againmay be even tougher, the Wall Street Journal reports... REUTERS: Societe Generale (SCGLY) is exploring the sale of its Asia private banking arm, sources say, seeking to exit a market where small managers are getting hit by rising costs and competition. The Singapore-based division could bring about $600M, Reuters reports...
September 11, 2013 JPMorgan close to settlement on debt collection practices, Bloomberg says. JPMorgan is close to a settlement, which is expected to be less than $80M, with the Office of the Comptroller of the Currency and the Consumer Financial Protection Bureau over their probe into the bank's credit card debt collection practices, reports Bloomberg, citing two people with knowledge of the matter. Reference Link Morgan Stanley employee files whistle-blower suit, Bloomberg says. Saeed Ahmed says number of high-risk loans expanded, Bloomberg added. Credit audit specialist says he was punished after complaining, Bloomberg continued. JPMorgan close to settlement with OCC on debt collection, Bloomberg says. Citi confirms laying off 120 mortgage employees, DJ says. Citigroup closed an Illinois office dedicated to mortgage refinancing and laid off 120 employees, citing an ongoing decline in refinance volumes, reported Dow Jones, citing a company spokesperson. Bank of America on track to meet expense reduction target. Bank of America sees NII to build over time from $10.4B Q213 level. The company said, "Given the increase in rates during 2Q13, we expect NII excluding market-related items to build over time from $10.4B 2Q13 level." Comment from Barclays Global Financial Services Conference slides presentation. JPMorgan easing mortgage lending standards in some markets, Bloomberg reports. JPMorgan Chase is easing mortgage lending standards in housing markets hard hit by the crash where prices are surging, reports Bloomberg.Reference Link
17:01 MS EDT 16:21 JPM EDT 14:33 C EDT 11:29 BAC EDT 11:18 BAC EDT
Fed expected to issue rules for physical commodity businesses, WSJ reports. Wall Street is bracing for a ruling that may hasten the exit of several banks (JPM, GS, MS) from businesses such as metals warehousing, oil 07:14 GS, MS, shipping and power generation. The Fed is expected to issue guidelines as soon as this month limiting bank EDT JPM participation in so-called physical-commodities businesses, and the rules would apply to all U.S. banking companies, reports the Wall Street Journal.Reference Link
pg. 35