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Friehling: Another Madoff domino falls

Another player in the Bernie Madoff saga has fallen. His longtime auditor, David Friehling, pleaded guilty in federal court on Tuesday to charges of securities fraud, investment adviser fraud, making false filings with the SEC, and obstructing or impeding the administration of the Internal Revenue laws (among others).

Despite the plea, Friehling still told U.S. District Judge Alvin K. Hellerstein, "At no time was I ever aware Bernard Madoff was engaged in a Ponzi scheme."

Continue reading Friehling: Another Madoff domino falls

Supreme Court pushes back on mutual fund issue

Investors are calling for an inquiry into mutual fund fees, but the Supreme Court is reminding them that it isn't beholden to public opinion. The mutual fund industry is being accused of charging "excessive" fees, which could be particularly harsh on individual investors who use these tools as their primary way to access the market. Currently, the mutual fund industry has more than $10 trillion in assets under management, some of it through retirement and 529 college savings plans.

The Court doesn't seem inclined to step into the fray, saying that regulatory agencies are better equipped to address the situation. Chief Justice John Roberts, for example, said during arguments that "It makes a lot more sense to have the SEC regulate rates than to have courts do it, doesn't it?"

Continue reading Supreme Court pushes back on mutual fund issue

Facebook picks up $711 million; Spam King faces jail time

Who needs venture capital money when you have litigation? Facebook was awarded $711 million in damages Thursday in an anti-spam case against Sanford Wallace, an internet marketer. The popular social networking platform went after Wallace for tapping its users' accounts without their permission and sending fake posts and messages.

Wallace has quite a reputation for spamming, having gained the nicknames "Spam King" and "Spamford" back in the 1990s, when he was good for up to 30 million spam e-mails a day.

Continue reading Facebook picks up $711 million; Spam King faces jail time

Federal Reserve holding conferences at luxury resorts -- is that wrong?

Remember when the Federal Reserve and general public were blasting companies like AIG for going on retreats and holding conferences at luxury resorts? Well, on October 29, it was reported that the Fed has held its conferences at "exotic high-prices locales."

The Washington Post reported on October 28, that the San Francisco Fed hosted a conference at the "spectacular Bacara Resort and Spa" in Santa Barbara, where it paid $300 a night for the rooms -- an off-season price. Perhaps we should be praising the frugal nature of the Fed, as suites can run $2,000 during the peak season. Ben Bernanke attended this conference, which has drawn the ire of some. This conference was followed by a conference held by the Boston Fed at an Inn that charges up to $320 a night for regular rooms and nearly two grand a night for suites.

Continue reading Federal Reserve holding conferences at luxury resorts -- is that wrong?

Why another GMAC bailout is (especially) bad for America

The Wall Street Journal reports (subscription required) that GMAC Financial Services Inc. (NYSE: GKM) is seeking a third round of bailout funds from the Treasury Department ranging from $2.8 billion to $5.6 billion. This is, the WSJ writes, "a stark reminder of how some battered financial firms remain dependent on government lifelines."

Here's what is so incredibly so screwd up about this: GMAC provides financing for car buyers. Any personal finance expert will tell you that borrowing money to buy a car is one of the dumbest things that you can possibly do.

Continue reading Why another GMAC bailout is (especially) bad for America

Smart Choices halts its labeling program

A very interesting piece of news passed the wire late Friday, October 23. Smart Choices, which is a million-dollar food labeling program, was voluntarily halted on Friday thanks to a bit of mislabeling.

Earlier in the week, the Food and Drug Administration (FDA) announced that it was looking into Smart Choices' labeling practices. The FDA feels that Smart Choices (although the company wasn't named as a specific target by the government) may use misleading labels on some of the products it has deemed nutritionally sound.

Continue reading Smart Choices halts its labeling program

John Meriwether starting a new hedge fund

Lock up your money.

The architect of the Long-Term Capital Management disaster, John Meriwether, is starting a new hedge fund, fresh off the collapse of his latest fund.

He closed JWM Partners three months ago after the fund lost 44% of its value during the financial crisis.

Continue reading John Meriwether starting a new hedge fund

Madoff: Chillin' with mobsters and spies

Bernie Madoff is getting used to his new neighbors. Gone are the days of Montauk and Manhattan, and he isn't sharing his space with topless dancers.

Now, he says goodnight to a drug pusher, chills with a former mobster, and hangs with a convicted spy ... and these guys are probably saying, "I hang around with Bernie Madoff." The former financier Ponzi schemer spends his evenings walking laps around the prison track at the Butner Federal Correctional Complex, not far from Raleigh, N.C.

Continue reading Madoff: Chillin' with mobsters and spies

Former Enron exec set free

All it takes is a little patience. F. Scott Yeager, a former Enron executive, got some good news from the 5th Circuit Court of Appeals in New Orleans, which ruled that it wouldn't revisit his case. So, he no longer has criminal charges related to financial fraud hanging over him. Yeager has been acquitted on all counts. This follows a June ruling by the Supreme Court, which tossed a previous 5th Circuit Court ruling that could have resulted in a new trial.

The ruling said, "Today, ... it is clear under our initial ... analysis the jury made a finding in acquitting Yeager that precludes prosecution on insider trading and money laundering." Samuel Buffone, who was one of Yeager's attorneys, stated that his client shouldn't have been indicted to begin with and didn't do anything wrong. It has taken them seven years to get to this point.

Yeager landed in hot water because he sold stock in Enron for more than $54 million before it began the plunge that would ultimately end with its bankruptcy in 2001. He faced 125 counts, was acquitted of five (four for wire fraud and one for conspiracy to commit wire and securities fraud) and wound up with a hung jury for the remaining 120, which included insider trading and money laundering. He was later indicted again on 13 counts of insider trading and money laundering.

Continue reading Former Enron exec set free

Galleon to shutter its hedge funds, is anyone surprised?

On Wednesday, Galleon Group founder Raj Rajaratnam told employees via letter that the company is going to wind down all of its hedge funds. In a Wall Street Journal article (subscription required), a person familiar with Galleon said that one of the alternatives the company is exploring is selling out to another firm.

These alternatives were approached by Rajaratnam in his letter, as he told employees that it is "in the best interest of our investors and employees to conduct an orderly wind down of Galleon's funds while we explore various alternatives for our business."

Continue reading Galleon to shutter its hedge funds, is anyone surprised?

Cramer on BloggingStocks: A mockery of the game

The Street.com's Jim Cramer says that it's awful knowing that Galleon had every single nuance of the next Intel call.

The call. The edge. The inside scoop. At one point, you could have it. At one point, before Regulation Fair Disclosure (FD), persistence, hard work, going to meetings, doing everything you could to learn a company entitled you to a callback from the company. The rules were clear: If you got something that was material and non-public, you couldn't trade on it, you were frozen. But there were some blurred lines and the intensive research shops with great industry contacts could get an ever-so-slight heads up that could make a difference. Or you could go to a one-on-one where management might let slip something no one had, and you could have that momentary head start.

But Regulation FD ended all that. All the insider calls, the disclosure at one-on-ones, anything that smacked even of proprietary information. The rules were no longer voluntary. It wasn't a question of freezing. It was a question of talking. You couldn't talk to "them." Hedge funds could not talk one-on-one to anyone of authority at a company. The insider would face prosecution, do you weren't even supposed to try.

Continue reading Cramer on BloggingStocks: A mockery of the game

Madoff victims sue SEC: silly

Two New York investors have filed a lawsuit against the Securities & Exchange Commission, accusing the SEC of a "pattern of incompetence" in failing to detect and put a stop to Bernie Madoff's Ponzi Scheme.

"Had the SEC carried out its functions with even a minimum of reasonable due care, many, if not most, of Madoff's victims would have been spared the financial ruin they face today," the complaint said.

Continue reading Madoff victims sue SEC: silly

Are hedge fund managers stretching the truth?

Out of every five hedge fund managers, one is prone to fibbing, according to research from NYU's Stern School of Business. This is likely to pour salt in the wound of an industry that's been in rough shape for the past year. And, it'll probably add a bit more pressure for transparency.

The NYU report uses data from 444 due diligence reports that investors commissioned from 2003 to 2008. The research team put the information against the test of reality to see where the differences are. The most common stretch of the truth was the amount of their own money the managers put into their hedge funds, fund performance and regulatory and legal histories. One fund inflated its assets under management by $300 million, while another wasn't up front about one of its partner's legal records (he had stolen a Chinese junk).

Continue reading Are hedge fund managers stretching the truth?

Memo to SEC: Put the zombie stocks out of their misery

USA Today's Matt Krantz reports that shares of some companies bankrupted by the financial crisis have posted huge gains in recent months: "Lehman and WaMu, for instance, were booted from stock exchanges and filed for bankruptcy protection. Yet on the lightly regulated Pink Sheets markets, this year their stocks are up 500% and 1,050%, respectively."

The problem is that shares of companies like Lehman and WaMu are completely worthless with no prospect for recovery for shareholders. Ownership of the company's assets is no longer held by the common stock -- and with creditors taking losses, there is no chance that shareholders will receive a nickel.

Continue reading Memo to SEC: Put the zombie stocks out of their misery

Madoff fights to win, gets some cred

Allen Stanford gets kicked around, but Bernie Madoff can clearly throw down some serious smack. While the former's being moved from one facility to another because he's lost some ground on the cell block, Madoff just earned himself some props.

The engineer of the largest (known) Ponzi scheme in history apparently got into an argument with another geriatric inmate at the Butner, North Carolina federal prison. Of course, it was over the stock market. Does it really make sense to outmaneuver a guy who never needed to know what the market was doing to deliver double-digit returns?

Well, push came to shove, as they say, with the "attacker" stumbling and looking up at a mean, mean Madoff. He got up and ran off.

Continue reading Madoff fights to win, gets some cred

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Last updated: November 07, 2009: 08:24 AM

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