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Tuesday, March 24, 2015

Ex-U.K. #Rabobank Senior Trader Charged With #LIBOR Manipulation

An ex-U.K. Rabobank senior derivatives trader pled guilty to U.S. Dollar (USD) and Yen London InterBank Offered Rate (LIBOR) interest rate manipulation. Charges were issued by the U.S. Department of Justice. At the time of the manipulation LIBOR served as the primary benchmark for short-term interest rates in the global market as published by the British Bankers’ Association. Steward wasn't the only one in on the scheme. From May 2006 to early 2011 Stewart confessed to conspiring with others at Robobank, a Dutch multinational banking and financial services company headquartered in Utrecht, the Netherlands, to manipulate the LIBOR benchmark interest rate. In 2013, the bank was fined $1.1 billion for failing to recognize the conspiracy and alleged that as many as 30 traders were involved. The FBI continues to investigate the matter. Lee Stewart, 51, worked as a trader from 1993 to 2009 and will have a sentencing hearing on June 9, 2017.


http://www.justice.gov/opa/pr/former-uk-rabobank-derivatives-trader-pleads-guilty-libor-interest-rate-manipulation-charge-0

Monday, March 23, 2015

IRS Asking For A $2 Billion Budget Increase









This is a review of J. Russell George, Treasury Inspector General for Tax Administration's testimony to the Senate Appropriations Subcommittee on Financial Services And General Government.

According to the testimony of J. Russell George the TIGTA is "statutorily mandated to provide independent audit and investigative services necessary to improve the economy, efficiency, and effectiveness of the IRS." He goes on to say that it is "designed to identify high risk systemic inefficiencies in IRS operations and to investigate exploited weaknesses in tax administration." Published on March 3, the document represents a review of the Administration's Fiscal Year 2016 Funding Request for the Department of the Treasury and the IRS.

The Administration is asking for $12.9 billion, an increase of $2 billion, or approximately 18 percent more than FY 2015. This is after a $346 million reduction from 2014 to 2015. The request includes a net staffing increase of 9,245 Full-Time Equivalents (FTE) for a total of approximately 90,524 appropriated FTEs. The largest increases by department or functional area were in Business Systems Modernization and Operations Support.

Clearly, TIGTA George believes the IRS has done a good job of maintaining operations considering the budgetary cuts from mandated sequestration, reduced staffing and the loss of supplementary funding, but he also believes there's over $5 billion on the table in cost savings that could be made by 1) closing loopholes on known tax fraud scams, 2) requiring tele-work employees to share workstations, 3) allowing tax payers to file amended returns electronically, 4) being able to measure revenue coming in from enforcement activity, and 5) eliminating erroneous carry-forwards claimed by corporations.

The TIGTA believes many of the IRS' current shortfalls in service, technology or enforcement are due to budget cuts, however, he also believes there are many opportunities for the organization to save money. Namely, a $111 million cost savings over a 5 year period for requiring tele-work and part-time employees to share workstations. The report estimates that 10,244 workstations could potentially be eliminated. The report also faults the IRS with mismanagement of software licensing and estimates the issue could cost the IRS $81 million and $114 million in licenses and annual license maintenance that could be eliminated if managed properly. The IRS agreed with the assessment and has already taken steps toward implementation.

In addition to cost savings the TIGTA also found $439 million in potentially erroneous tax refunds claimed on 187,421 amended returns in FY 2012. Amended tax returns can't be filed electronically so there's a higher incidence of error. A statistical sample of 259 amended tax returns by the TIGTA identified 17 percent with questionable claims.  According to the TIGTA, allowing taxpayers to file amended returns electronically could "prevent the issuance of more than $2.1 billion in erroneous refunds associated with amended tax returns". The IRS has also agreed to expand filing for amended returns.

Finally, the TIGTA accused the IRS of failing to create a process to identify corporations claiming erroneous carry-forward credits and estimates the errors total more than $2.7 billion. Even more startling is that the IRS does not plan to implement this recommendation due to lack of IT resources and more pressing priorities.

So, net/net the IRS is asking for a $2 billion increase, when the TIGTA has pointed out several ways for the agency to pull in over $5 billion. To be fair, some of these suggestions do cost money. Let's hope the budget approval is conditional on implementing at least some of these suggestions.

Regulators Feud Over Mutual Fund Supervision

Summary

  • Commissioner Michael S. Piwowar recently gave a speech at the 2015 Mutual Funds and Investment Management Conference.
  • Piwowar is not in favor of further regulation of the industry. Specifically, he is against grouping mutual funds into the same category as banks that pose a "systemic risk".
  • Others in the world of regulatory finance, like Janet Yellen, disagree. Yellen, an ardent opposer of regulatory capture, believes mutual funds should be under increased supervision. 
To read the full story click here.

3/25 @ 10am ET: SEC Chair Mary Jo White will testify before the House Financial Services Committee

10 a.m. ET
SEC Chair Mary Jo White will testify before the House Financial Services Committee on “Examining the SEC’s Agenda, Operations, and FY 2016 Budget Request.”
Location: HVC-210 Capitol Visitors Center
Contact: David Popp, (202) 226-2467, david.popp@mail.house.gov

3/25: Scott Bauguess, Deputy Director, Division of Economic and Risk Analysis Keynote

Tuesday, March 24, 2015 @ 9:40 a.m.

Scott Bauguess, Deputy Director, Division of Economic and Risk Analysis, will give the keynote at the OpRisk North America Conference on Market Risk Assessment. The keynote will focus on big data and operational risk. 
 
Location: New York Marriott Marquis Times Square, 1535 Broadway, New York
 
Contact: Olesya Dmitracova, olesya.dmitracova@incisivemedia.com

4/9: Investor Advisory Committee Quarterly Meeting

April 2015

Thursday, April 9, 2015

9:30 a.m.
Investor Advisory Committee Quarterly Meeting
See Agenda.
 
Location: SEC Headquarters, Multipurpose Room, 100 F Street, N.E., Washington, D.C.
Contact: Frankie White, Office of the Investor Advocate, 202-551-4310

Thursday, March 19, 2015

SEC Orders Texas Based Robert J. Andres To Pay $3.2M

Robert J. Andres was suspended from appearing or practicing law before the SEC due to his part in a ponzi scheme.

Quick Summary: An ex-attorney in the state of Texas, Andres was previously charged and convicted of a felony in December. Andres used new investor funds to pay earlier investors and admitted to using $2.2 million of those funds for his own personal use.  He also invested $1.2 million in unauthorized investment schemes.

Penalty: Andres was sentenced to 56 months in prison and 3 years of probation. He is also ordered to pay restitution in the amount of $3.2 million.

To read the original order click here.

SEC Charges NY Based Joseph Stilwell and Stilwell Value LLC "Stilwell Funds"

Joseph Stilwell and Stilwell Value LLC were charged with using $20 million in investor funds to make short-term loans to purchase securities over a period of 7 years.

J. Stilwell is a 53 year old resident of New York, NY and the principal owner of Stilwell Value, LLC. Stilwell owns ~99% of Stilwell Value.

Quick Summary: All loans were repaid, but the Commission believes the loans represented a conflict of interest which compromised the fiduciary responsibility of the advisers. At the very least, investors should have been informed about the loans which were undocumented.

The Penalty: Both J. Stilwell and Stilwell Value were issued a cease and desist order by the SEC and suspended from association with any broker, dealer, or investment adviser. Stilwell is also prohibited from acting as an employee, officer, director, investment adviser or principal underwriter for 12 months and is ordered to pay disgorgement/penalties of over $500,000.

To read the original order click here.

Tuesday, March 17, 2015

CFTC Orders ICE Futures U.S. Inc. (NYSE: ICE) to Pay $3 Million









The U.S. Commodity Futures Trading Commission (CFTC) issued an order against ICE Futures U.S., Inc. (NYSE: ICE), a designated contract market (DCM). The order charges ICE with "submitting inaccurate and incomplete reports and data to the CFTC over at least a 20-month period, from at least October 2012 through at least May 2014." ICE blamed the issue on technology upgrades and data migration issues, but these issues have nothing to do with the company's ability to respond to CFTC requests for information. The CFTC repeatedly notified ICE, but the company continued to submit inaccurate reports. The order also requires the company to pay $3 million.

To read the original order click here.

ICE Chart


Monday, March 16, 2015

FRB: Help Your Country Create a Faster, More Secure Payments System

As promised in the paper Strategies for Improving the U.S. Payment System the Federal Reserve just released details for those interested in helping their country create a better payments system. Registration is open to all stakeholders (consumers and businesses) with "relevant payment knowledge and experience who can commit the required time and resources to these key initiatives." 

Participants of the Faster Payments Task Force will be asked to evaluate ways to implement a faster payments system in the U.S. The Secure Payments Task Force will assist in advising the Fed on payment security matters.

Diverse and committed membership will ensure a broad range of perspectives are considered as we pursue improvements to the U.S. payment system. We welcome and actively seek participation from the entire spectrum of payment system participants, including businesses and consumers.  -Esther George, president of the Federal Reserve Bank of Kansas City and executive sponsor of the effort

For additional information about the task forces, including charters, participation agreements, and registration forms, visit FedPaymentsImprovement.org. The Fed will also host a teleconference on March 20 and March 31 for Q&A.