Showing posts with label Compensation. Show all posts
Showing posts with label Compensation. Show all posts

Monday, June 8, 2009

The industry accepts its share of responsibility for its role in the economic crisis and its duty to be part of the recovery

TO BE NOTED: From the FT:

"
Wall Street is a willing partner in financial reform

By Tim Ryan

Published: June 8 2009 20:41 | Last updated: June 8 2009 20:41

Many Americans are angry and have lost basic trust in the financial services industry. The industry accepts its share of responsibility for its role in the economic crisis and its duty to be part of the recovery. We intend to partner with governments to overhaul the regulatory system to help prevent such a crisis again.

President Barack Obama will soon unveil a comprehensive regulatory reform plan. The Securities Industry and Financial Markets Association (Sifma) recognises the urgent need for such a plan and is strongly in support of reform. Financial market participants know the time for change and reform in financial services has come.

Financial products and services are interwoven into the daily fabric of economic life. While not every financial firm or employee contributed to the crisis, it is clear that too many acted improperly and some products were pushed to a level of unsustainable complexity. Given this reality, Sifma has already unveiled its support for a number of major policy reforms as we build a new foundation for our economy.

First, we have endorsed the creation of a single financial markets stability supervisor, a central authority with oversight in all markets and of all systemically important market participants – regardless of charter, function or unregulated status. This stability supervisor must be given sufficient resources to collect data across markets and the ability to use it to take swift corrective action to prevent systemic instability. Never again should the failure of one or a handful of firms be allowed to threaten the viability of our economic system.

Second, the industry strongly supports the administration’s proposal for a public-private partnership to absorb troubled assets. While both the economy and financial firms have retreated from the brink, it remains crucial that the government build the infrastructure for these programmes. We do not know what the future holds, but with a few stable weeks behind us, we cannot assume that the worst has passed. These necessary programmes should serve as a temporary safety net, until our economic future stands on more certain ground.

Third, it is clear the complexity of some financial instruments went too far, while some supervisory policies did not go far enough, making the crisis worse. Securitisation market participants seek a return to the basics and are making smart reforms to industry practices such as tightening underwriting practices and increasing transparency to protect investors. Markets themselves have also imposed some much-needed discipline, declaring the end of complex and confusing products such as collateralised debt obligations squared.

Fourth, we support many of the new policies to bring transparency to the derivatives market, while ensuring that derivatives continue to be widely available to serve their critical role of increasing credit availability to borrowers. When lenders can purchase protection against the credit risk of making a loan, they are more willing to provide and expand credit for businesses, enabling those businesses to grow and hire.

Sifma has supported the need for regulatory reform of derivatives, noting that our current system had as many gaps as safeguards. Some firms exploited these gaps for regulatory arbitrage. Tim Geithner, the Treasury secretary, has announced moves in the right direction: asking for fundamental measures to ensure the significant market participants are properly overseen, and suggesting how to deliver the transparency needed for proper oversight.

Finally, we firmly believe that there have been excesses on the compensation front, and the industry is working to ensure that compensation is tied to long-term, not short-term, performance. In our view, compensation should not encourage excessive risk-taking, but should promote business sustainability and be aligned with the best interests of shareholders, the financial system and the economy.

When it is relevant to the reforms, it is crucial we collaborate with the proper international regulatory authorities. In the coming weeks, Sifma will engage in more substantive discussions on these issues and the others that will emerge, because the industry is committed to being part of the solution. With industry and government working together, we can restore confidence and sustainable growth.

The writer is chief executive of Sifma

Thursday, December 18, 2008

"So let’s count the other red flags and see if they were numerous enough and obvious enough."

The Trader's Narrative with a list you won't want to check twice:

"After writing that Madoff offers the biggest due diligence lesson for investors, some argued that the red flags are only obvious in hindsight and wouldn’t have been if so clear if one had to make the decision before Bernard’s admission of running a Ponzi scheme. ( BS )

To be generous, I’ve assumed that the whole nature of the trading strategy, the inability of others to reverse engineer it, and the eerie equity curve it created, were not red flags ( THAT'S WAY TOO GENEROUS ).

So let’s count the other red flags and see if they were numerous enough and obvious enough. (The thumbnails are from the SEC’s website and clicking on them will take you to the larger version.)

RED FLAG #1
Madoff Investment Securities was both the broker dealer and investment advisor:
madoff broker dealer SEC investment adviser public disclosure red flag madoff broker dealer 2 SEC investment adviser public disclosure red flag

RED FLAG #2
Madoff traded in the same securities that he recommended to advisory clients:
madoff conflict of interest SEC investment adviser public disclosure red flag

RED FLAG #3
Madoff not only was the broker dealer, creating a conflict of interest where his firm was trading in the same securities as he was trading for clients, but he actually had custody of the assets!

madoff custody of client assets SEC investment adviser public disclosure red flag

RED FLAG #4
They got into some hot water over some small compliance issues. Madoff’s firm was censured and fined a small amount $7,000. But this meant they did have a blot on their records:

madoff violation 2 SEC investment adviser public disclosure red flag madoff violation SEC investment adviser public disclosure red flag

RED FLAG #5
Jim Vos, head of Aksia - a hedge fund advisory firm, noticed that although Madoff’s firm was supposedly highly advanced and automated, they sent paper copies of their trading records to clients instead of providing electronic access to the firm’s trading platform.

RED FLAG #6
Madoff Investment Securities’ auditors were Friehling & Horowitz, a 3 person team which consisted of one lone CPA with a small 13′ by 18′ office in New York. Hardly adequate to monitor a firm that traded a good chunk of NYSE and NASDAQ volume.

RED FLAG #7
Shockingly enough, Madoff didn’t take the usual 2/20 fees most hedge funds do. Instead he only profited from the trades that his firm was doing for the “investment fund”, claiming that this was enough. Given this form of compensation, it is very possible most “sophisticated investors” assumed that Madoff was involved in some sort of shenanigans but turned a blind eye for those stable returns ( WISHFUL THINKING AND GOVERNMENT GUARANTEES ).

Here’s an excerpt from a 2001 Barron’s article on Madoff Investment Securities secrecy:

Curiously ( IMPOSSIBLY ), he charges no fees for his money-management
services. Nor does he take a cut of the 1.5% fees marketers like
Fairfield Greenwich charge investors each year. Why not? “We’re
perfectly happy to just earn commissions on the trades,” he says.

Perhaps so. But consider the sheer scope of the money Madoff would
appear to be leaving on the table. A typical hedge fund charges 1% of
assets annually, plus 20% of profits. On a $6 billion fund generating
15% annual returns, that adds up to $240 million a year.

The lessons of Long-Term Capital Management’s collapse are that
investors need, or should want, transparency in their money manager’s
investment strategy ( YOU THINK ? ). But Madoff’s investors rave about his performance
– even though they don’t understand how he does it ( WISHFUL THINKING AND GOVERNMENT GUARANTEES ).

RED FLAG #8
Madoff Investment Securities was a family business, with Madoff’s brother, sons and daughter as well as his niece (married to a previous SEC compliance officer) all worked at the firm.

mark madoff and bernard madoff investment securities

“All of his family members grew up with this being our lives. When it is a family operated business you don’t go home at night and shut everything off, so you take things home with you, which is how all of us grew up”

Mark Madoff (pictured on the right with his father, Bernard L. Madoff, left)


Peter Madoff, pictured below, was a senior managing director and head of trading and compliance at Madoff Investment Securities. He began at the firm in 1965. With so much family involvement, one can’t help but ask how much they knew and if it was even possible for one lone patriarch to organize, control and maintain such a huge fraud all by himself.

peter madoff bernard l madoff investment securities Click to see large version:
madoff family business SEC investment adviser public disclosure red flag

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The reasons that investors took these risks were Wishful Thinking and the Government Guarantees.