Each business day HedgeCo.Net keeps you informed with the top hedge fund industry news, opinion and insight from around the globe. From the latest hedge fund launches, to the impact of regulation, competition, and investor activism - we track the topics and people that make a difference to you.
Reuters – HSBC Holdings Plc, Europe’s biggest bank, is to unveil plans to enter into the European exchange traded fund (ETF) market with its first launch, the Financial Times said on Monday.
”We believe our future is linked to indexation and ETFs and not just active management,” Farley Thomas, global head of wholesale distribution at HSBC Global Asset Management, told the newspaper.
HedgeCo.net (West Palm Beach) – Off-shore hedge fund law firm, Sadis & Goldberg LLP, sent out a letter to their clients announcing that the Securities and Exchange Commission (SEC) appears determined to issue more subpoenas and give people more incentives to cooperate with investigations as it works to enhance its oversight of the financial markets.
The letter, obtained by HedgeCo, explains, ”Don’t be surprised if you receive a subpoena or are contacted by the SEC.” Daniel G. Viola, spokesperson for Sadis & Goldberg, said, ”The SEC has significantly increased its enforcement efforts since the recent discovery of certain high profile Ponzi schemes.”
Effective August 11, 2009, the SEC has also made it easier for its staff attorneys to issue subpoenas. Thus, the SEC staff attorneys will no longer have to obtain formal approvals to issue subpoenas; instead, they will simply need approval from their senior supervisor.
”If you receive an inquiry letter or subpoena from the SEC, remain calm, ”Viola said, ”This is not uncommon given the current regulatory climate. Above all, do not respond without first contacting legal counsel.”
The The SEC generally has broad powers to conduct investigations of potential violations of the federal securities laws and often works with the Department of Justice in connection with joint proceedings, often known as ”parallel proceedings.”
The law firms Regulatory Practice Group consists of former SEC personnel and litigators with experience regarding civil and criminal proceedings.
Contact info: Daniel G. Viola at 212.573.8038 (or dviola@sglawyers.com) Christiaan Johnson-Green at 212.573.8169 (or cjohnson-green@sglawyers.com)
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HeraldTribune.com – An attorney representing newsletter writer Don Rowe, who strongly recommended Arthur G. Nadel’s hedge funds to some investors, is seeking to have a civil fraud suit against his client dismissed.
In an Aug. 3 filing in circuit court in Sarasota County, Tampa attorney Edward O. Savitz claims that Rowe was not the ultimate cause of the investors’ losses: He did not sell or offer any securities and some of the plaintiff’s claims are barred because too much time has passed.
Sarasota attorney Drew Clayton is representing 11 investors in Nadel’s failed hedge funds and seeking damages of $5.4 million. All his clients were subscribers to one of the publications Rowe published from Sarasota: ”Wall Street Digest” or ”Carnegie Asset Management Inc. Reports.”
Reuters UK – Thames River Capital is hoping to launch two investment grade credit strategies later this year and is looking at how best to target the U.S. institutional market, chief executive Charlie Porter told Reuters.
The independent fund house, which manages $11.5 billion (6.9 billion pounds) in traditional long-only and hedge-fund-style products, has been adding to its investment team to support new products, and hopes to scoop up rivals weighed down by the financial crisis.
"Whenever you have periods of turmoil and tumult, interesting opportunities are thrown up," Porter said in an interview.
Boston Globe – French bank BNP Paribas’s revenues from corporate and investment banking nearly doubled in the second quarter as robust investor demand boosted revenues from the bank’s fixed income business unit.
BNP Paribas’s CIB revenues totaled 3.351 billion euros ($4.82 billion) for the quarter, up 81 percent from the second quarter of 2008, and following record revenues of 3.696 billion euros in the first quarter of 2009.
”Once again, fixed income revenues were exceptional,” said David Thebault, head of quantitative sales trading, at Global Equities, in Paris.
Pittsburgh Post-Gazette – In a conference call with analysts yesterday, Joseph A. Ferrara, president, chief executive officer and board chairman of Tollgrade Communications, highlighted the company’s ”transformational activities” during the past quarter, including selling off its cable product line for $3.1 million and closing a deal on a managed services contract expected to bring in $20 million over a four-year period.
But the manufacturer of communications network testing equipment did not experience enough transformation during the past quarter to move into the black. Rather, it reported a second-quarter loss of $1.5 million, or 12 cents per share, on revenues of $10.6 million, compared with a loss of $255,000, or 1 cent per share on revenues of $12.1 million in the same quarter a year ago. The $10.6 million figure does not include $1.4 million from discontinued operations.
HedgeCo.net (West Palm Beach) – The SEC announced several actions protecting against short sales and make more short sale information available to the public.
”Today’s actions demonstrate the Commission’s determination to address short selling abuses while at the same time increasing public disclosure of short selling activities that affect our markets” said SEC Chairman Mary Schapiro.
First, the Commission made permanent a rule, that seeks to reduce the potential for abusive ”naked” short selling in the securities market. The new rule, Rule 204, requires broker-dealers to promptly purchase or borrow securities to deliver on a short sale. The temporary rule, approved by the SEC in the fall of 2008, was set to expire on July 31.
Second, the Commission and its staff are working together with several self-regulatory organizations (SRO) to make short sale volume and transaction data available through the SRO Web sites. This effort will result in an increase over the amount of information presently required by another temporary rule, known as Temporary 10a-3T. That rule, which will expire on August 1, applies only to certain institutional money managers and does not require public disclosure.
Apart from these measures, the Commission is continuing to actively consider proposals on a short sale price test and circuit breaker restrictions.
Third, the Commission intends to hold a public roundtable on September 30 to discuss securities lending, pre-borrowing, and possible additional short sale disclosures. The roundtable will consider, among other topics, the potential impact of a program requiring short sellers to pre-borrow their securities, possibly on a pilot basis, and adding a short sale indicator to the tapes to which transactions are reported for exchange-listed securities.
Short selling often can play an important role, the SEC said, in the market for a variety of reasons, including contributing to efficient price discovery, mitigating market bubbles, increasing market liquidity, promoting capital formation, facilitating hedging and other risk management activities, and importantly, limiting upward market manipulations. There are, however, circumstances in which short selling can be used as a tool to manipulate the market.
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HedgeCo.net (West Palm Beach) – ”One of the focal points of the Obama Administration’s Financial System Regulatory Reform Plan is to seek the passage of legislation that would require hedge fund managers (as well as other private fund managers) to become registered as investment advisors with the SEC and be in compliance with the applicable requirements under the Investment Advisers Act,” HedgeOp Compliance said, announcing the launch of a new service to help managers deal with current registration issues.
There are presently three bills pending in Congress and a recent proposal from the Treasury that would achieve that goal if passed. ”We are seeing a lot of activity as hedge fund managers look to get ahead of the curve on these requirements and starting the process sooner rather than later,” Bill Mulligan, the CEO of HedgeOp said, ”In addition to allowing for key thoughtful planning, addressing the registration issue early will provide a great deal of comfort to investors and prospective investors.”
The newly launched ADVassist is designed to provide focused registration and compliance guidance, the hedge fund consulting firm said, to not only complete the registration process, but also to create a foundation for development of a compliance culture and infrastructure.
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Reuters – Hedge funds stand to make gains from convertible bonds arbitrage again after last year’s huge losses decimated the sector, though improving markets have made the job more complicated.
Managers have been using a simple "buy and hold" strategy to ride a big bounce in depressed bond prices so far this year, enjoying gains of nearly 30 percent.
New York Daily News – Park Avenue lawyer Marc Dreier was sentenced to 20 years in prison Monday by a judge who scolded prosecutors for wanting to jail him for as long as Ponzi swindler Bernard Madoff.
"Is the government serious about asking for 145 years?" Manhattan Federal Judge Jed Rakoff asked.
"To me, for the government to ask for 145 years is to demean the sentence Judge [Denny] Chin imposed on Mr. Madoff.
Reuters UK – Britain’s Financial Services Authority (FSA) plans to triple some of the fines it imposes on financial sector wrongdoers as part of a crackdown on offences such as mis-selling and insider dealing.
The bigger fines are designed to deter firms and individuals from breaking market rules by making the costs of doing so prohibitively high, the FSA said in a statement on Monday.
"By hitting companies and individuals in the pocket where it hurts, the fines will be a stark warning to others on what they can expect to pay for flouting our rules," FSA director of enforcement Margaret Cole said.
Reuters India – Lenders to French roofing company Monier Group have approved a restructuring deal that sees a group of debt investors take control of the company, a source with knowledge of the situation said on Thursday.
The deal is one of the largest "loan to own" restructurings in Europe, and has been led by debt investors Apollo Management [APOLO.UL], TowerBrook and York Capital.
