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Capital One Facing the Heat: Banking Giant Charged by SEC

Capital One Facing the Heat: Banking Giant Charged by SEC

 

The United States Securities and Exchange Commission charged Capital One Financial and two prominent executives for understating millions of dollars in auto loan losses that were incurred during the months leading up to the financial crisis. 

An investigation conducted by the United States Securities and Exchange Commission found that in financial reporting for the second and third quarters of 2007, the Capital One Financial Corporation failed to account for losses in its auto financing business. The profitability of this business was derived from extending credit to subprime customers. As credit markets began to crumble, the banking giant’s internal loss forecasts found that the declining environment had a substantial impact on its loan loss expense. That said, Capital One did not properly incorporate these assessments into its financial reporting, and as a result understated its loan loss expense by roughly 18 percent in the second quarter and nearly 10 percent in the third quarter.

In response to these charges, Capital One agreed to pay over $3.5 million to settle the SEC complaint. The two executives named in the complaint—former CRO Peter Schnall and Former Credit Officer David LaGassa—also agreed to the charges filed against them. 

“Honest and accurate financial reporting is a principal obligation for any public company, especially a bank’s accounting for the provision of loan losses during a time of financial distress,” said George Canellos, a Director of the SEC’s enforcement division. 

According to the SEC’s order regarding administrative proceedings, beginning in 2006 and continuing through the third quarter of 2007, Capital One’s Auto Loan business experienced substantially higher charge-offs and delinquencies concerning its auto loans than it originally had publicized. The increased losses occurred within every loan type in each of the company’s lines of businesses. 

Capital One’s understatements regarding its auto loan losses violated the reporting, internal controls provisions, and records of the federal securities laws, primarily Section 13 of the United States Securities Exchange Act. Capital One and the executives named in the matter neither denied nor admitted the findings regarding the SEC’s order requiring the business to cease and desist from causing or committing any violations of U.S. securities laws. 

This investigation was conducted by Assistant Chief Accountant Amanda deRoo and Senior Counsel Anita Brand and supervised by Director Conway Dodge. 

Source: SEC.gov

Emergency Situation: Millions of Americans can’t afford to go to the Doctor

Emergency Situation: Millions of Americans can’t afford to go to the Doctor

 

 
An increasing number of Americans are skipping medical care simply because they cannot afford it. Roughly 80 million people, or close to 45 percent of America’s working-age adults, did not go to the doctor in 2012 because of the cost, according to various studies conducted by the Commonwealth Fund’s Biennial Health Insurance Survey. This figure is up from 75 million people who did not access medical services in 2010 and 63 million in 2003. 
 
Not surprisingly, those Americans who were uninsured or had limited health coverage were most likely to have trouble affording legitimate health care. However, 28 percent of working-age adults with adequate insurance also were forced to forgo treatment because of the lofty price.
 
Roughly three in 10 adults, said they did not visit a clinic or doctor when they encountered a medical problem while more than 25 percent of Americans did not fill a prescription or skipped recommended medical tests, follow-up visits or treatments. One in five Americans said they did not receive needed specialist care because of the cost. 
 
Nearly 30 percent of Americans with a chronic condition such as diabetes, hypertension, heart disease and asthma who required medication said they opted not to fill prescriptions or skipped doses because they could not afford to pay for their treatment. 
 
Even those Americans with adequate coverage find themselves shelling out more for co-payments and deductibles. The percentage of Americans with deductibles larger than $1,000 more than tripled between 2003 and 2013, reaching a depressing 25 percent. 
 
The surveys conducted by the Commonwealth Fund also found that nearly 85 million people, or half of America’s working-age population, were without insurance for a time last year or incurred such high out-of-pocket expenses relative to their income that they were regarded as under-insured. This figure is up from 81 million in 2010 and 61 million in 2003. 
 
The lone bright spot revealed in the report is that fewer young adults, individuals between the ages of 19 to 25, were uninsured. This share fell to 41 percent in 2012, which is down from 48 percent two years earlier. This drop is largely due to the Affordable Care Act, which permits young adults to stay on their parent’s insurance plan until they reach the age of 26 years old.  
 
 
Source: whitehouse.gov

Bold Move: Dish Launches $25.5 Billion Bid for Sprint

Bold Move: Dish Launches $25.5 Billion Bid for Sprint

 

 
Satellite TV provider Dish Network offer a bid of $25.5 billion for Sprint Nextel. The offer is a means to top another bid for Sprint: a $20.1 billion dollar bid for a 70 percent stake in Sprint from Japanese tech company Softbank. This offer, which Sprint accepted in the fall of 2012, was intended to give Sprint a much desired cash infusion to avoid impending bankruptcy
 
Sprint acknowledged the bid from Dish and said its board would evaluate the offer, but did not elaborate or extend further with the comment. Following news of the bid from Dish, shares of Sprint shot up nearly 25 percent in afternoon trading while Dish shares dipped roughly 3 percent. 
 
The Chief Executive Officer of the Dish Network, Mr. Charlie Ergen, said the combination of his company with Sprint would create a new company that offers customers the greatest possible bandwidth for video and other data feeds. 
 
Mr. Ergen said while cable companies do a decent job in providing bandwidth inside of residential homes and wireless companies offer bandwidth outside of homes, no company currently allows for the efficient combination of said bandwidth. 
 
“The pipes with regards to bandwidth are fairly clogged,” said Ergen. “If you are attempting to procure a lot of data, you better get yourself a big pope; if we get this deal done, nobody is going to have a bigger pipe than Dish Sprint.”
 
The bid for Sprint would also provide Dish with another coveted target—wireless broadband provider Clearwire. 
 
Dish engaged in a brief bidding war earlier this year with Sprint for the broadband provider, but Clearwire decided to accept Sprint’s offer instead. Sprint already owned a 50 percent stake in the broadband provider before the bidding competition took place. 
Dish claims its bid for Sprint represents approximately a 13 percent premium over the Softbank offer. Ergen claims that Dish would be willing to spend an additional $600 million to pay the breakup fee that Softbank is owed if that deal collapses because of Dish’s offer. 
 
Many analysts said that there are several questions regarding Dish’s plans for Sprint that make it difficult to judge who will be the winning bidder. 
 
The wireless sector has been home to a number of deals in recent years, and Dish has been interested in finding a partner in the sector. Charlie Ergen has been labeled a gambler by trade, and this proposed deal might just be his attempt of getting all the other wireless corporations to open up negotiations with him. 
 
 
Source: CNN

Know Your Role: CEOs Earn 354 Times more than the Average Worker

Know Your Role: CEOs Earn 354 Times more than the Average Worker

 

 
Oracle CEO Larry Ellison was the top-earning CEO in 2012 with a salary of $96.1 million; the average American worker earned $34,645 last year. 
 
Chief Executive Officers of the country’s largest companies earned an average of $12.3 million in total pay in 2012, which is roughly 354 times more than the typical average American worker, according to the AFL-CIO—a group that represents over 50 trade unions in the states. 
 
Ellison topped the list of the highest-paid executives in 2012, followed by the $54.3 million earned by Credit Acceptance Corp’s Brett Roberts and Discovery Communication CEO David Zaslav’s $50 million compensation package. 
 
The one noteworthy salary was pulled-in by Apple CEO Timothy Cook, whose salary dropped to $4.2 million from $376 million in 2011, when his pay got a robust boost from long-term stock awards. The drop in Cook’s pay was enough to decrease the overall average pay for CEOs of top American companies by 5 percent from 2011. 
 
The considerable discrepancy in pay between Chief Executive Officers and the average worker has skyrocketed over the last couple decades, peaking in 2000, when the gap was 525 times. In 1980, CEO compensation was only 42 times that of the average American worker. 
 
The AFL-CIO each year underlines the pay discrepancy between CEOs and workers from companies that are part of the S&P 500. Richard Tumka, the president of the AFL-CIO, said he hopes the project will remind the nation’s leaders that most workers continue to struggle financially. 
 
“The average American worker struggles every day to make ends meet. The average worker’s wages are stagnant, and their companies are attempting to take their pensions and health insurance,” Trumka said.
 
The union wants regulators to enforce a pending rule from Wall Street reforms for publicly traded companies to publicize executive pay compared to their average employees. The United States Securities and Exchange Commission has delayed efforts to structure this rule, in part because of spirited lobbying efforts from large American companies. 
 
The labor group built a website database earlier today compiled from 327 companies based on SEC filings; the site will reveal CEO compensation for all 500 companies of the S&P as the data is released to the public. 
 
 
Source: CNN
 

 

Dow Drops more than 200 Points After Boston Marathon Bombing

Dow Drops more than 200 Points After Boston Marathon Bombing

 

 
A widespread sell-off in stocks accelerated this afternoon following the news of two explosions at the Boston Marathon. The Dow Jones Industrial Average, which was down all day, dropped 266 points (roughly 1.8 percent) following reports of the explosions in the Massachusetts’ capital. The Nasdaq dropped 2.4 percent and the S&P 500 slipped 2.3 percent on the day. 
 
The majority of domestic news outlets reported that two bombs went off near the finish line of the Boston Marathon shortly before 3 this afternoon. Before news of the bombings went public, stocks were already suffering worldwide as gold prices plunged and investors positioned themselves in lower risk assets like U.S. treasuries. The initial sell-off started when investors awoke to the news that China’s financial growth had decreased in the first quarter. 
 
The Chinese economy grew at a rate of 7.7 percent in the first quarter of this year, compared to the first quarter of 2012. The report was disheartening and confirmed China’s fragile recovery, said HSBC’s Asian economic research department. 
The majority of economists expected the Chinese economy to grow 8 percent, and since it reflected weaker global demand for Chinese goods, the news also drove stocks in Europe and Asia lower.
 
The Nikkei, Hang Seng, and the Shanghai Composite all dipped more than 1 percent, and the London exchange followed suit losing nearly.7 percent. 
 
China is currently the world’s second-largest economy after the U.S., and is regarded as one of the top engines of global economic stimulation and growth. 
 
In addition to China’s disappointing numbers, Gold dropped nearly 10 percent to settle at $1,360 an ounce and numerous gold-based ETF’s including the popular SPDR fund dropped significantly. 
 
Along with this information, a major survey of American homebuilders revealed that the housing recovery may have lost some of its steam that it gained last month. This news weighed on shares of construction and homebuilder companies, including Toll Brothers, DR Horton and Lennar. 
 
In a separate case, the New York Federal Reserve released its monthly manufacturing survey that revealed slightly improved conditions for New York manufacturers in the month of April compared to March. The indexes for general business conditions and new orders remained widely positive, despite marginal month-to-month declines. 
 
 
Source: AP

Nice Rebound: Stocks Bounce Back After Worst Day of 2013

Nice Rebound: Stocks Bounce Back After Worst Day of 2013

 

 
U.S. stocks rebounded back from the largest one-day sell-off of 2013 as investors cheered a comprehensive slate of economic reports and corporate results. 
 
The Dow Jones Industrial Average increased by more than 150 points, or 1.1 percent while the S&P 500 added 1.4 percent and the NASDAQ rose by 1.5 percent. This bounce back comes one day after all three indexes dropped significantly, following disappointing economic news out of China and the tragic events that occurred at the Boston marathon. 
 
Investors were optimistic as a result of housing statistics, which topped 1 million in the month of March for the first time since the summer of 2008. Building permits came in at a yearly rate of 900,000 in March, which was slightly less than forecast estimates but still solid. The positive housing numbers caused homebuilder stocks to spike as Hovnanian Enterprises added 1.6 percent, the PulteGruop rose more than 4 percent and Lennar increased by 2.4 percent. 
 
In addition to the housing sector, a number of companies reported strong earnings. Coca-Cola shares increased nearly 6 percent, leading gains on the S&P 500 and the Dow after the company shattered earnings and sales forecasts. In addition, Johnson & Johnson shares enjoyed modest increases after the company’s first quarter earnings also exceeded expectations.
 
Goldman Sachs also reported solid results; however, the banking giant’s shares slid roughly 2 percent as investors worried that Goldman was taking on too much risk to deliver robust earnings. 
 
Yahoo also reported earnings; the company’s revenue missed estimates, but still reported higher-than-expected numbers. Shares of Yahoo dropped slightly during after-hours trading. 
 
Gold also bounced back today following a dramatic 9 percent drop-off to a 2-year low. The price of gold gained roughly 2 percent, settling at $1,387.40 per ounce; other commodities featured mixed results.  
 
European markets closed with slight losses on concerns about slowing global growth while the Asian markets ended the day mixed. Also, the dollar dropped versus the pound and the euro, but increased versus the yen. 
 
 
Source: SEC.GOV

Underground Profits: The Lucrative World of Cigarette Smuggling

Underground Profits: The Lucrative World of Cigarette Smuggling

 

 
Cigarette smuggling is a hot new business as taxes rise in some states but remain marginal in others. Yes, the act of purchasing cigarettes in one state, then selling them in another is illegal; however, a truckload of cigarettes purchased down South can earn a smuggler upwards of $1,940,000 if they are sold in New York. And these lofty margins are what attract criminals into the underground world of cigarette smuggling. 
In 2011, roughly 65 percent of all cigarettes sold in New York were smuggled from another state, according to a free-market report think tank. This figure is up from roughly 36 percent in 2006. 
 
This illegal activity is not just taking place in New York; the Mackinac Center for Public Policy estimates that more than 15 states have smuggling rates that exceed 20 percent. Factor in counterfeit cigarettes from overseas, and the Bureau of Alcohol, Tobacco, Firearms and Explosives estimates lost government revenue at over $5 billion per year. 
 
Many involved in the legal sale of cigarettes blame rising state taxes for the exorbitant increase in illegal smuggling; these individuals estimate that things will get worse if President Obama’s proposed 94 cent per-pack cigarette tax increase goes through. 
The New York-Virginia corridor is the most popular arena for illegal cigarette smuggling as the considerable difference in taxes and the states’ relative close proximity make it an attractive route for smugglers. In the state of Virginia, state taxes are 30 cents per pack while in New York, they are a whopping $5.85—the highest rate in the United States. 
 
While the Virginia-New York corridor gets the majority of the attention, professionals tracking the situation claim that trafficking rings can run from any of the low-cost states to the high ones. North Carolina to Michigan and Virginia to California are also popular routes for smuggling. 
 
The quantity of smuggled and/or counterfeit cigarettes arriving from overseas, particularly from China, is also increasing. These knockoffs are particularly bothersome to the American tobacco companies, and could pose a significant risk to consumers. “You have no idea what’s in a counterfeit cigarette,” says a spokesman for Altria, which produces Marlboro and other cigarettes. Rabbit feces, rat droppings and dirt have all been observed in counterfeit cigarettes, says Sutton, who notes that manufacturing typically takes place in old factories, in caves or underground. 
Public health officials believe there is no reason to oppose Obama’s tax proposal.
 
Higher cigarette taxes encourage Americans to quit smoking; smoking rates decreased by more than 10 percent after the 62-cent-a-pack federal tax increase in 2009. Moreover, smoking costs society a large amount of money—nearly $200 billion a year in lost productivity and medical costs, according to the U.S. Centers for Disease Control. The dollar amount is peanuts; however, compared to the nearly 500,000 lives lost each year to cigarette smoke. 
 
 
Source: AP

Rocky Mountain Plunge: SEC Charges Denver Businessman with Insider Trading

Rocky Mountain Plunge: SEC Charges Denver Businessman with Insider Trading

 

 
The United States Securities and Exchange Commission today charged a wealthy Denver businessman with insider trading based on proprietary information he procured from the CEO of an oil company that was about to secure a prominent investment. 
 
An investigation by the SEC found that Scott Reiman procured inside information regarding Delta Petroleum before the company’s announcement that it had received a $684 million investment from private investment company Tricinda. Following the announcement of the investment, Delta Petroleum stock jumped almost 20 percent and Reiman reaped substantial profits. 
 
To settle the charges, Reiman agreed to pay roughly $900,000 and accept a barring from the securities industry and from services as a director or officer of a public company for at least five years. In addition to the charges filed against Reiman, the SEC also filed charges against Reiman’s source, then CEO Roger Parker, and a trader, Michael Van Gilder. 
 
“Reiman illegally took advantage of confidential information that he procured through his friendship with Parker and traded the company’s stock for significant and illegal profits,” said Daniel Hawke, Chief of the Securities and Exchange Commission’s Market Abuse Unit. 
 
According to the complaint filed by the SEC, Reiman is founder and manager of the Denver investment firm Hexagon. Reiman received numerous tips from Parker regarding Tracinda’s investment in Delta Petroleum. On several occasions during the winter of 2007, Reiman purchased Delta stock or risky option contracts after speaking with Parker, including once within a few minutes after ending a phone conversation with Parker. 
 
The SEC charged Reiman with violations of the Securities Exchange Act of 1934; Reiman neither denied or admitted the charges filed against him. Instead, Reiman agreed to pay disgorgement of roughly $400,000 plus interest of nearly $94,000 and a penalty of $400,000. The charges also prohibit Reiman from serving as a director or officer of any public company for at least five years and from acting in any role within the securities industry. Reiman is awarded the right to apply for reentry into the industry after five years. 
 
 
Source: Sec.gov

Inflation is Extremely Low Right Now: Is it Time to Worry?

Inflation is Extremely Low Right Now: Is it Time to Worry?

 

Prices of common goods are not going up very much, but should we celebrate?

The answer to this inquiry is: not exactly. Inflation that is too low could be a terrible sign for the United States economy, and some officials within the United States Federal Reserve are starting to get concerned.

Talking with reporters on Wednesday, St. Louis Fed President Mr. James Bullard looked to the Fed’s favored measure of inflation—amount of personal consumption expenditures, minus energy and food—which has recently revealed that prices rose up 1.3 percent over one year ago.

“This figure is pretty low,” Bullard said at a Levy Economics Institute meeting. “I am getting concerned about this figure, and I think that provides the F.O.M.C with room to work-out its monetary policy.”

The Federal Reserve typically aims to keep inflation around 2 percent per year; inflation at this level is deemed healthy as it coincides with legitimate economic growth, a growing labor market and gradually rising wage rates.

“the history of our economy has shown that our markets perform best with slightly higher levels of inflations such as 2.5 or 3 percent,” said Bernard Baumohl, the chief global economist for the Economic Outlook Group. “Dormant or low inflation translates into a stagnant economy.”

There are a few key reasons as to why low inflation is a bad economic indicator. First, when companies do not have any leeway to raise price, they are more apt to cut costs, which would mean a reduction in their workforce or a cutback in hiring. Second, if inflation remains low, consumers are not as motivated to spend. Third, when inflation is low or dormant, it does not offer a considerable buffer against deflation if an economic event takes place. And lastly, low inflation often comes along with lower revenue growth and wages.

The Federal Reserve has kept its short-term interest rate close to zero since 2008. When this rate was not enough to boost the economy, it launched several bond-buying sprees in an attempt to lower long-term interest rates. The Fed is now operating its third round of asset purchases, buying over $85 billion in mortgage-backed securities and Treasuries each month. This program remains highly controversial, and many are speculating about when the Fed will start to ease its bond purchasing habits.

From Rogue Trader to Locked Up

From Rogue Trader to Locked Up

 

The United States Securities and Exchange Commission charged a former employee at a Connecticut brokerage firm with scheming to profit from placing unauthorized orders to purchase Apple stock. When the ploy backfired, it ultimately caused the firm to cease operations.

David Miller, an institutional sales trader, has agreed to a partial settlement of the SEC’s charges. Moreover, Mr. Miller pleaded guilty in a parallel criminal case.

The United States Securities and Exchange Commission alleged that Miller misrepresented to Rochdale Securities that a customer had agreed to the Apple order and assumed the risk of loss on the resulting trades. The customer order was to buy 1,625 shares of Apple, but Miller instead entered a number of orders totaling 1.625 million shares at a cost of nearly $1 billion. Miller was hoping to share in the customer’s profit if the trade proved to be profitable, and if the stock price dropped he would claim that he made an error on the size of the order. The shares of Apple would up decreasing after a poor earnings announcement later that day, and Rochdale was forced to halt operations in the wake of covering the losses suffered from the illicit trades.

“Miller’s scheme was brazen, deliberate, and ultimately poorly-conceived,” said Daniel Hawke, the Chief of the SEC Enforcement Division’s Market Abuse Unit. “This is an alert and a wake-up call to the brokerage industry that unchecked conduct of even a single person in a position of trust can pose a tremendous risk on a firm and potentially to the broader markets.”

The complaint filed by the United States Securities Commission charged Miller with violations of Section 17 and 3 of the Securities Act of 1933 and Section 10 of the Securities Exchange Act of 1934 and Rule 10b-5. To settle these charges, Miller will be prohibited in SEC administrative proceedings from working in the securities industry or participating in any dealings or offerings of penny stocks. In the partial in-court settlement, Miller agreed to be enjoined from future violations of antifraud provisions of the U.S. federal securities laws. Moreover, a financial penalty will be assessed at a later date by the court system upon the SEC’s motion.

Source; United States Securities and Exchange Commission www.sec.gov

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