Category “General”

The Wrong Madoff Died

December 13th, 2010

Mark Madoff, right, with parents

Mark Madoff’s suicide is blamed on “unrelenting pressure from false accusations and innuendo.” It is a shame that eldest son of the jailed multibillion-dollar fraudster, Bernard Madoff, decided to take his own life at the weekend. It should have been his father.

Madoff, 46, was found hanged in the living room of his New York flat as his two-year-old son slept in a nearby room. He had apparently succumbed to the pressures of being unemployable, socially ostracized and subject to a legal battering that included a lawsuit filed last week naming his young children in an attempt to recover funds lost to his father’s $50 billion Ponzi scheme.

“This is a terrible and unnecessary tragedy,” said Madoff’s lawyer, Martin Flumenbaum. “Mark was an innocent victim of his father’s monstrous crime who succumbed to two years of unrelenting pressure from false accusations and innuendo.”

Madoff, who worked on the trading desk of his father’s firm, and his brother Andrew have been accused in lawsuits of benefiting from the theft of billions of dollars. Irving Picard, the trustee for those who lost money in the Ponzi scheme, has described Bernard Madoff’s sons as treating the fraudulent fund as a “family piggy bank”.

In court papers, Picard said Mark received “astronomical compensation” for his work; it totaled $67 million and allowed him to maintain luxury homes in Manhattan and Connecticut.

“Investment firm funds paid for all aspects of his lavish lifestyle from the purchases of his high-end homes to the mattress and box spring he slept on, the television he watched in his home gym and the outdoor shower in his home,” the lawsuit said.

Picard said that Madoff must have been aware that his father was running a fraudulent enterprise because the returns on investments were not realistic.

“It was – or at the very least, should have been – obvious to Mark that the massive gains reflected in his customer account statements did not reflect actual securities transactions or market conditions,” the lawsuit said. Picard has leveled similar accusations against Andrew Madoff.

Madoff’s sons denied any knowledge of their father’s crimes and they have not been charged with any offences. Mark Madoff took his own life on the second anniversary of his father’s arrest.

The New York Times reported that a person who spoke frequently with Madoff recently said he was in “an increasingly fragile state of mind” as the anniversary approached. The paper said that he had expressed bitterness toward his father and anxiety about the lawsuits against his family.

Days before Madoff took his own life, Picard also filed a lawsuit against his children and those of his brother as part of action against the directors of a Madoff affiliate in London.

The New York Times said that Mark Madoff was particularly upset at the naming of his children as Picard seeks to recover monies that Bernard Madoff gave to his extended family over many years.

Source

Is Hell Too Good for Andrew Stein?

December 3rd, 2010

Andrew Stein

Perhaps the hottest seat in hell is resolved for those elected officials who plough the public trough with such firmness, such a single concentrated focus of mind that his eventual discovery and arrest qualify for a Greek tragedy. Hell’s hot seat is awaiting Andrew Stein, the former New York City official and associate of fraudster Kenneth Starr, who has pleaded guilty to tax evasion.

On this earth, Stein faces up to one year in prison on the misdemeanor failure to pay income taxes count. He was accused of not paying taxes for the year 2008; he was not charged in the Starr case despite allegations that Starr spent some of the up to $50 million he stole on Stein’s “extravagant personal expenses.” In the nether plains, Stein will be doing the bidding of Beelzebub, teaching inmates the glories of greed and avarice.

Starr pleaded guilty to ripping off his clients, including an unidentified hedge fund manager and several Hollywood luminaries, in September. Starr allegedly moved investor money through a shell company set up by Stein, Wind River LLC. Notice how you can’t have a shell company without “hell’?

At his own plea hearing Wednesday, Stein cleverly admitted that he “stupidly did not pay the taxes” for 2008, when he “had taxable income in excess of $1 million,” according to the charge. The devil has many attributes, but stupidity is not high among them.

“I was wrong, your honor,” Stein, who served both as Manhattan borough president and president of the New York City Council, told U.S. Magistrate Judge Ronald Ellis. “I take full responsibility for it.” Oh will he ever!

Stein was released on his own recognizance, pending his sentencing. Don’t expect him to visit any churches during his release, unless of course Lucifer bids him to burn them down.

Source

Hedge Fund Ties Were Kiss of Death in Last Night’s Races

November 4th, 2010

Losing candidate

Maybe hedge fund money is no good.  Maybe hedge fund managers can’t pick a winner. Whatever the reason, candidates tied to hedge funds lost out last night despite the GOP tsunami that gave them the House and almost the Senate.

In New York, two GOP former hedge fund managers running in high-profile races were 0-for-2. Harry Wilson, former Silver Point Partners executive, went down to defeat at the hands of incumbent New York State Comptroller Thomas DiNapoli, while Scott Sipprelle, Copper Arch Capital founder, lost to Rep. Rush Holt in suburban New Jersey’s 12th congressional district.

Holt took 53% of the vote to Sipprelle’s 46%. The latter’s Wall Street ties may have doomed him despite the favorable environment nationally for Republicans.

Meanwhile, in neighboring New York, Wilson’s Wall Street resume was widely thought to be a boon competing for a job that includes stewardship of New York’s public pension fund. But despite the endorsement of nearly every major newspaper in the state, Wilson couldn’t topple DiNapoli, who was seeking election to the office after being appointed to it following his predecessor’s resignation.

With 94% of the vote in, DiNapoli had 50.1% to Wilson’s 46.7%, making New York a bright spot on a very dark night for Democrats: The party swept all statewide races in the Empire State, although Republicans did pick up five seats in Congress in the state.

One of those winners is the closest to a victorious hedge fund candidate that can be found on Election Night 2010: Michael Grimm, who was not a hedge fund manager but played one as a Federal Bureau of Investigation agent. Grimm took out Democratic Rep. Michael McMahon in the Staten Island-based 13th New York congressional district.

Two other Republicans who received major support from top hedge fund managers also failed to win their races. Art Robinson, seeking to unseat Oregon Rep. Peter DeFazio, lost 54% to 45%, despite the assistance of a political action committee funded in large part by Renaissance Technologies co-chief Robert Mercer.

In New York, Paul Singer’s money couldn’t help Republican Daniel Donovan become the state’s next attorney general. The Elliott Management founder provided some one-quarter of all of Donovan’s campaign funds, but the Staten Island district attorney fell with 43% to State Senator Eric Schneiderman’s 55%.

Source

SEC Relaxes Rules for Registration of Family Offices

October 14th, 2010

Do you want to run a private office for investing your family’s money but don’t want to register as an investment advisor with the SEC?  Good news! The SEC this week proposed a broad definition of a family office that may open the floodgates. A family office will be exempt from registration if it:

  • provides investment advice only to family members, as defined by the rule; certain key employees; charities and trusts established by family members; and entities wholly owned and controlled by family members;
  • is wholly owned and controlled by family members; and
  • does not hold itself out to the public as an investment adviser.

The proposal is “broader than expected,” according to John Duncan, principal for the Chicago-based law firm Duncan Associates, and a nationally recognized expert on family office legal issues.

Before Dodd-Frank became law, family offices did not have to register with the SEC under the Investment Advisers Act of 1940 if they had fewer than 15 clients. The exemption was highly coveted by family offices because it gave wealthy families privacy and enabled family offices to avoid SEC oversight and costs associated with regulatory compliance.

But the new law, which goes into effect next July, eliminated this key exemption.

Under Dodd-Frank, there still will be exemptions as long as the entity meets the SEC’s definition of a “family office.” Once exempted, the family office will continue to be excluded from the definition of “investment adviser” and, therefore, not be subject to registration or regulation by the SEC.

The family office industry, not surprisingly, is lobbying the SEC for a broad definition of “family office.”

“It is in everyone’s best interests to fashion a rule that can be applied by single family offices broadly and effectively, with little additional administrative oversight from the Commission,” attorney Martin Lybecker wrote to the SEC last month. Lybecker, an attorney for the powerhouse Washington, D.C., law firm WilmerHale, is representing The Private Investors Coalition, a lobbying group formed by over 60 single family offices.

Nonetheless, a number of family offices will invariably not be able to meet the new standards and will no longer be excluded from regulation under the Investment Advisers Act.

The scope of how “family members” are defined will be critical and potentially problematic, Duncan says. In addition, some families control but do not wholly own family office firms; some trusts, while benefitting family members, were not established by them.

The SEC will be accepting comment on the new rule until Nov. 18.

Source

Financial Statistics (8) – Prediction Intervals

October 7th, 2010

- Eric Bank

Prediction interval

We continue our review of elementary statistical concepts that are commonly used in the financial industry (i.e. by prime brokerages, hedge funds, financial analysts, etc.). Recall from a recent article that the formula for a linear regression is:

Yi = b0 + b1Xi + εi for i = 1, …, n

where:

Yi is the ith value of the dependent variable

b0 is the y-intercept

b1 is the slope coefficient

Xi is the ith value of the independent variable

εi is the ith value of an error term

i is the index of a particular variable

n is the maximum value of i

Unfortunately, we do not have access to the population values of b0 and b1, so we are forced to estimate these values with b0estimated and b1estimated.  This is one cause of uncertainty in the predicted value of Yi. The second cause of uncertainty is the error term εi , which is the difference between the estimated and true value of Yi.  These two uncertainties beg the question: How confident are we about the forecast results? To answer this question, we calculate a prediction interval which is an estimated interval into which future observations will fall, with a given probability, in light of past observations.

For example, if we forecasted that sales for ABC Corporation would grow by 8 percent this year, our prediction would be more meaningful if we were 95 percent confident that sales growth would fall in the interval from 7 percent to 9 percent.  A value outside the 7% to 9% range would not instill confidence in the value.

We can compute confidence intervals using our old friend, the standard error of the estimate s. The variance of the prediction error is equal to the square of the standard error of the estimate, namely sf2.   This estimated variance can be calculated using this formula:

Note that sx2 is the variance of the independent variable X.

After you calculate the variance of the prediction error, you choose a significance level α, say 0.05.  We apply another old friend, the t-statistic, which is the critical value for the forecast interval and can be looked up in the back of any statistics textbook..  By using (1 – α) = 0.95, we can compute the percent prediction interval Y as

Y = ± tc sf

Let’s take a numerical example[i] as follows:

1)     Assume a linear regression equation Y = 1.3478 + 30.0169(0.10) = 4.3495; the standard error of the estimate s = 0.7422; the mean value of X = 0.0647; the variance of the mean sx2 = 0.004641; the number of observations n = 9, the number of coefficients (the y-intercept and the slope) = 2.

2)     Assume we are interested in the 95% confidence interval.

3)     Compute the variance of the prediction error:

sf2 = 0.74222 [1 + 1/9 +  (0.10 – 0.0647)2 /  (9 – 1)0.004641] = 0.630556

4)     Take the square root of the variance of the prediction error sf2, giving the standard deviation of the forecast error sf = (0.630556)1/2 =  0.7941.

5)     The degrees of freedom = (observations n – number of coefficients) = (9 – 2) = 7. From the back of a statistics book, the critical t-statistic for 7 degrees of freedom at the 95% confidence interval, tc = 2.365.

6)     We compute the prediction interval for the 95% level of confidence. It is equal to the following:

Y = ± tc sf = 4.3495 – 2.365(0.7941) to 4.3495 + 2.365(0.7941) = 2.4715 to 6.2275.

From this example, we are 95% confident that a value of the dependent variable will have a value between 2.4715 and 6.2275, the prediction interval.

Well, we have now reviewed the basic concepts pertaining to single-variable linear regressions. We’ll pick up our voyage through financial statistics next time by examining multiple regressions.


[i] DeFusco, McLeavey, Pinto and Runkle, “Quantitative Methods for Investment Analysis, Second Edition”, pages 323-324.

TradeStation’s NYSE Floor Operation Implements Buy-Side Institutional Program

September 28th, 2010

Service Focuses on Floor Broker Parity and Transaction Pricing

New York, NY, September 28, 2010 – TradeStation Securities, Inc. (Member NYSE, FINRA, NFA and SIPC), through its TradeStation Prime Services division, recently launched its NYSE Floor operation, including its outsourced trading desk, to help meet the growing demand of hedge funds and other institutional clients who seek to enhance their transaction pricing while providing additional liquidity. The NYSE trading floor features a parity based model when allocating executions allowing market participants to operate a diverse strategy mix including both classic institutional order flow and higher frequency models.

As described by NYSE Euronext on its website, “The NYSE is the only market to offer both high-tech automation for low latency and complete anonymity along with high-touch participation by market professionals to provide orderly opens and closes, lower volatility, deeper liquidity and price improvement opportunities throughout the trading day. This unique combination provides customers with the highest levels of market quality and competitiveness… Brokers on the NYSE Trading Floor leverage their physical point-of sale-presence with information technologies and order management tools to offer customers the benefits of flexibility, judgment, automation and anonymity with minimal market impact.”

As a self-clearing, agency-only broker-dealer now with NYSE Floor capabilities, TradeStation can leverage this technology and its membership by offering, through their Floor Brokers, access to the NYSE Floor along with over 40 pools of liquidity away from NYSE. Active traders, including spread traders and derivatives traders can also integrate their trading strategies into algorithms that Floor Brokers access from their Hand Held Devices that are engineered specifically for the NYSE parity based model.

For additional information about TradeStation Prime Services, please visit: http://www.tradestationprime.com/.

About TradeStation Prime Services, a division of TradeStation Securities, Inc.

TradeStation Prime Services, a division of TradeStation Securities, Inc., was founded to serve the needs of start-up to mid-sized hedge funds, registered investment advisers, professional traders and asset managers who need quality prime brokerage services, including execution and clearance, securities lending, capital introduction, and “incubation” services. Clients are offered electronic trading and decision-support platforms, including TradeStation, to analyze their trading strategies and automate or manually place their orders, and may avail themselves of the firm’s NYSE floor membership, which allows it to execute trades on behalf of clients on the NYSE floor as well as in other market centers from its NYSE floor booth/outsourced trading desk. TradeStation Prime Services is located at 400 Madison Avenue, New York, New York.

TradeStation Securities, Inc. (Member NYSE, FINRA, NFA and SIPC) is a licensed, self-clearing securities broker-dealer and a registered omnibus-clearing futures commission merchant, and has memberships or similar approved status (as well as direct connectivity for both market data and order execution) with BATS Z-Exchange, Boston Options Exchange, Chicago Board Options Exchange, Chicago Stock Exchange, EDGA Exchange, EDGX Exchange, International Securities Exchange, NASDAQ OMX BX, NASDAQ OMX PHLX, The NASDAQ Stock Market, NYSE Arca and NYSE Amex. For futures accounts, TradeStation connects directly (for both market data and order execution) with the CME Group, Eurex Group and ICE Group (U.S. and Europe) exchanges. TradeStation is a clearance member with DTCC and OCC for equities and options, serves its futures accounts on an omnibus clearance basis, and also introduces institutional equities accounts to J. P. Morgan Clearing Corp., as clearance agent. TradeStation Securities has offices in South Florida, New York, Chicago and Dallas, and an affiliated introducing broker (TradeStation Europe Limited) in London.

About TradeStation Group, Inc.

TradeStation Group, Inc. (NASDAQ GS: TRAD), through its principal operating subsidiary, TradeStation Securities, Inc., offers the TradeStation platform to the active trader and certain institutional trader markets. TradeStation is an electronic trading platform that offers state-of-the-art electronic order execution and enables clients to design, test, optimize, monitor and automate their own custom Equities, Options, Futures and Forex trading strategies. TradeStation Group’s other operating subsidiaries are TradeStation Technologies, Inc. and TradeStation Europe Limited.

Nature of this Announcement

This announcement is made on a limited basis through hedge fund and other institutional trader websites and similar media for promotional/marketing purposes, to educate potential customers of TradeStation Prime Services about its product and service offerings, and is not intended to be an investor relations or public disclosure document for TradeStation’s publicly-traded holding company (TradeStation Group, Inc.).

SEC Case Against Trader of PIPEs Bombs

September 17th, 2010

It wasn’t a total smack-down of the SEC, but close enough.

Robert Berlacher, A Pennsylvanian manager of hedge funds, claimed a triumph in his war with the Securities and Exchange Commission after U.S. District Judge Mitchell Goldberg threw out most of the charges against him and declined to levy civil penalties or pre-judgment interest.

Berlacher was found to have misrepresented his positions before participating in a pair of private investments in public entities and ordered to pay $352,364 in illegal profits. But Judge Goldberg, who heard the three-day bench trial in March, said that Berlacher was not guilty of insider-trading in one case because the PIPE-issuing company’s stock price failed to move much in the wake of the announcement. Goldberg also ruled in Berlacher’s favor on securities fraud charges in two other PIPE deals.

A PIPE, or private investment in public equity, is a deal in which publicly traded equity securities (common stock, preferred stock, warrants, etc) are sold to private investors. U.S. investors get to choose whether to register the PIPE offering with the SEC or privately place the securities on an exempted basis.

“The SEC has not sustained its burden of proof on the insider-trading count and two of the fraud claims,” Goldberg wrote. “The SEC has met its burden on two separate fraud claims.”

“We are gratified that today’s decision by the court rejects the lion’s share of the SEC’s claims and its overreaching attempt to mischaracterize certain conduct as a violation of federal law,” Berlacher’s lawyer, Nicolas Morgan, said in a statement.

The SEC had accused Berlacher of participating in four PIPE deals in which shorting the companies’ shares after learning in advance about the placements and without telling the companies issuing the shares.

Source

Stephen Colangelo at IndieCon

August 27th, 2010

Stephen A. Colangelo Jr.

Stephen A. Colangelo, Jr. is one of the foremost experts on private placements and hedge funds. As the founder and chief executive officer of Start A Hedge Fund, LLC, Stephen teaches investors and entrepreneurs the intricacies of how to leverage hedge funds for big profits, secrets that have made only a handful of savvy investors millions and even billions of dollars through these investment vehicles. Start A Hedge Fund, LLC operates a network of 200 investment and financial websites, and owns 3,000 financial-related domain names in its domain portfolio.

Stephen is an educator, writer and media entrepreneur who is focused on building the first online media, education and value-added service for the hedge fund and private placement industries. Among its services, Start A Hedge Fund, LLC offers private placement consulting services to entrepreneurs and startup companies who want to jumpstart their capital raise endeavors through Regulation D offerings.

Here is Stephen’s recent interview at IndieCon:

SageTree Seminars to Teach Preparing for Compliance with Investment Advisers Act

August 9th, 2010

Douglas F. MacLean

Douglas F. MacLean of Armor Compliance has joined forces with SageTree Seminars to offer a timely seminar at 10 sessions throughout the country this fall teaching private equity, hedge fund managers and attorneys about the Investment Advisers Act. The recently-passed Dodd-Frank Act radically affects the compliance obligations of private equity and hedge fund managers. Managers with more than $150 million in assets under management ($100 million if advising any separately managed accounts) now need to register under the Investment Advisers Act, implement policies and procedures as provided in a compliance manual and appoint a chief compliance officer.

The day-long seminar is a unique, hands-on training led by a notable panel of compliance officers, attorneys and former regulators. Its purpose is to develop a solid understanding of the law and its impact on private equity and hedge fund managers.  The seminar is designed to also give practical advice on how to prepare for compliance, how to draft and file required documents, and how to draft and implement a compliance manual. Attendees should come away from this seminar with a detailed, step-by-step plan to ensure compliance with the Investment Advisers Act.

Mr. MacLean suggested that the seminar would be “quite appropriate for private equity and hedge fund professionals who will need to understand SEC registration and the Investment Advisers Act or attorneys who want practical exposure to IARD, Form ADV Part I and II, and a compliance manual, or perhaps simply need CLE credits in certain jurisdictions.” Those jurisdictions include New York, California, Texas, Florida and Illinois.

Three sponsors so far have signed onto the seminar series: TradeStation, Capital IQ and BDO Seidman. The seminars are likely to attract CFOs and COOs of private equity and hedge fund managers, in-house counsel and chief compliance officers, attorneys seeking to broaden legal practices, and other service providers to fund managers.

The seminar will specifically answer the following questions:

  • What is the new law?
  • Who is impacted?
  • What are the filing requirements?
  • What is the role of the CCO (Chief Compliance Officer)?
  • How do you navigate the IARD?
  • How do you file Form ADV?

In addition, attendees will receive instruction on understanding, drafting and implementing a compliance manual.

The announced schedule for this seminar is as follows:

  • New York 09/23/2010
  • Chicago 09/30/2010
  • San Francisco 10/05/2010
  • Los Angeles 10/07/2010
  • Boston 10/14/2010
  • Greenwich 10/21/2010
  • Miami 10/28/2010
  • Dallas 11/04/2010
  • Washington D.C. 11/11/2010
  • New York 11/18/2010

Those who would like further information about this seminar can visit http://www.sagetreeseminars.com.

SageTree Seminars LLC hosts hands-on educational seminars on legal, medical, financial and technology topics. Its philosophy is to provide nuts & bolts training to professionals using step-by-step curriculum and instruction to individuals, corporations and organizations.

Armor Compliance LLC offers comprehensive compliance protection services. It partners with investment advisers who do not wish to hire a full-time Chief Compliance Officer, yet require impenetrable compliance protection, as well as guidance navigating the ever-changing and complex U.S. securities laws. Douglas F. MacLean is the Founder and Managing Member of Armor Compliance. Prior to starting Armor Compliance, Mr. MacLean was an attorney at the international law firms of Latham & Watkins, K&L Gates and Bingham McCutchen for over 9 years. He is admitted in state and federal courts in the Commonwealth of Massachusetts and the State of New York. Mr. MacLean graduated cum laude from Harvard College in 1994 and graduated from Cornell University in 2000 with a J.D. from Cornell Law School and an M.B.A. from the Johnson Graduate School of Management.

New Joint Venture Announced for Making Money with Domain Names

July 26th, 2010

A new joint venture, Millions Forever, LLC. was announced today between Stephen Colangelo, Jr., CEO & Founder of Under the Radar, LLC and John Bonk, CEO & Founder of Millions Forever, LLC to introduce unique services related to making income from expired domains on the Internet for anyone who can “surf the web”. Expired domains are website addresses no longer claimed by their original owners. Purchasers of these expired domains, if properly prepared, can receive a substantial income from them.

Millions Forever, LLC plans on releasing a free e-book to educate people on the business opportunity, a paid e-book to teach the process of finding, purchasing and monetizing domains, a web subscription service with access to the results from the venture’s exclusive Domain Traffic Engine, and a unique marketplace for buying and selling traffic domains.   An infomercial is also planned due to the business’ strong appeal to everyone.

John Bonk said “the Millions Forever program offers the opportunity for anyone to quickly and easily make additional money by tapping into internet traffic from expired domains.  What gives our company a competitive advantage is Millions Forever has a proprietary traffic engine that grades the 80,000+ domains that expire every day to assist individuals in research, purchase and monetize them for passive income.  There is nothing like it in the market today”.

Mr. Bonk went on further to state that he has “30 years’ experience in the technology industry as a systems architect with Fortune 500 companies and large municipalities.”  His role was to simplify complex systems into simple tasks by masking the complexity from the user.  This experience, coupled with his personal success earning domain revenue, has afforded him the ability to offer a simplified approach to the masses.

Stephen A. Colangelo, Jr. stated that “with John’s years of expertise in this industry and his personal portfolio of more than 3,000 money-making domains, he has perfected the process.  This expertise, coupled with the power of our Under the Radar SEO capabilities will create a powerful synergy in the domain industry.”

Unlike most other similar products and systems that cater to domain professionals, Millions Forever, LLC is designed from the ground up to appeal to the masses both domestic and international, creating a potential consumer market in the hundreds of millions.

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