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From Registered Rep. | A Penton Media Publication December 17, 2008 |
IN THIS ISSUE
Are Small IBDs Next On The Chopping Block?

Have Arthur Levitt's Words Come Back to Haunt Him?

SEC Finalizes $30 Billion ARS Settlement With Citi And UBS

AIG Executives: Fat Cats Or Valuable Management Worth Keeping?








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FEATURE STORY


Are Small IBDs Next On The Chopping Block?
By Christina Mucciolo

Some independent b/ds have already benefitted from the damage done to the reputations of wirehouses in the credit crunch by gaining assets and advisors. But not all independent b/ds (IBDs) are riding high on the hog; many of the smaller fish in the business are stumbling in this market.

In fact, small IBDs (loosely defined by industry experts as firms with less than $150 million in client assets) are facing a number of damaging crosscurrents: On top of increases in costs—both compliance and overhead—they are now experiencing revenue losses and margin erosion coupled with scarce credit. Those without a capital-rich corporate parent, or a capital cushion of their own, may need to sell out, or risk going under. “Over the next 12 to 18 months, if we see this market continue, you are going to see an awful lot of firms trying to find a partner that can take them out of the mess they are in,” says Larry Papike, president and owner of Cross-Search, a Jamul, Calif.-based recruiting firm.

Margins were already slim at small IBDs. With average payouts to independent reps of 90 percent of revenue generated, some independent b/ds are left with a paltry 3 percent to 4 percent pre-tax profit margin, says Papike. And today, most brokerage’s assets are down somewhere between 40 percent and 60 percent, he says, further pinching profits—if not wiping them out.


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Top News of the Week


Have Arthur Levitt's Words Come Back to Haunt Him?
By Bill Singer
Mark DeCambre and Kaja Whitehouse published a story today in the New York Post titled: “Ex-SEC Boss: Not My Fault,” which opened a window onto the thoughts of those charged with regulating Wall Street. (Full disclosure: I am cited in that story.) On the heels of the recent lurid discoveries about Bernard Madoff's multi-billion-dollar fraud, former SEC Chair Arthur Levitt is quoted in the article as saying: "At this point, I don't see any evidence that the SEC dropped the ball.”

That comment infuriates me—and likely many others who have spent countless hours this past week listening to the devastation brought upon the life savings of many victims of Madoff's apparent fraud. It is possible that Madoff made off (sorry for the pun) with billions of dollars of other folks' money. I think the enormity of the theft needs repeating: Billions of dollars. Billions. And this occurred right under the nose of the SEC, which regulates RIAs and b/ds, and FINRA, which regulates the latter only. We will need to see how this story unfolds to know the extent of the regulatory failure and determine where to point the finger.

Still, what kind of evidence does former Chairman Levitt need in order to recognize that the SEC failed the investing public and the industry? What evidence is required to convince this former industry cop that the streets of Wall Street were not being patrolled … that the squad cars were arriving too late while their occupants were munching on donuts and slurping down coffee?

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SEC Finalizes $30 Billion ARS Settlement With Citi And UBS
By John Churchill
Today the SEC resolved charges against Citi and UBS alleging that the two firms misled investors about liquidity risks related to auction-rate securities. The $30 billion settlement is the largest in SEC history and restores liquidity to ARS investors at par value of their holdings.

According to the SEC’s release, Citi will offer to purchase ARS at par from all current or former clients that bought them—even if the customer moved accounts—restoring approximately $7 billion in liquidity to Citi customers who invested in the securities. UBS will do the same, restoring $22.7 billion to its customers. Importantly, “eligible” customers at these firms who have already sold their ARS below par will be eligible for reimbursement as well, according to the release. The SEC’s complaints against the two firms stated that between late 2007 and early 2008, both firms misrepresented the liquidity risks inherent in the securities market by comparing them to highly liquid money market funds, and failed to inform clients that their own growing balance sheet constraints may prevent them from supporting future auctions.

The auction rate-securities market—the obscure corner of the bond market that municipalities, student loan organizations and other institutional investors used for raising capital—was a popular cash storage investment vehicle for wealthier investors. That is, before they froze up in early February of this year. (Read Registered Rep.’s May cover story, "A False Sense Of Security", for details of the collapse.) The ensuing liquidity crisis not only caused a lot of pain for investors and institutions that relied on the market for short-term liquidity needs, but it also revealed more problems and conflicts of interest in the market’s structure (despite SEC attention to similar issues in 2005 and 2006).

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AIG Executives: Fat Cats Or Valuable Management Worth Keeping?
By David A. Geracioti

Giving bonuses to company executives of a bankrupt, government-rescued company, now that’s a story most news organizations dream about. After all, nothing plays better than outrage—especially when you can play the greedy fat-cat theme, too. So, on its surface, AIG’s handing over $3 million to executives would seem absolutely outrageous. With all due respect to our friend Paul Tharp, the veteran newsman over at the New York Post, we think he miffed the angle of his story yesterday. He should have looked under the obvious story line for mitigating circumstances.

The Post headline writer depicted the AIG’s CEO Edward Liddy’s paying bonuses to key AIG executives as a “bungle.” Tharp wrote in his lead, “Executives at government rescued AIG who are taking cash perks to remain in ther jobs—some as much as $3 million—are lucky even to be employed.” The list of executives hasn’t been disclosed yet, so we don’t know if any of the recipients are undeserving. But not every one—not even senior managers—at AIG is at fault. Certainly, we would agree that executives of the firm who had a hand in its disastrous credit default swap strategy should be fired (if they haven’t already resigned or been fired). Indeed, we all can agree that incompetent executives who nearly brought down the entire financial system should not be rewarded—public money or not. (AIG’s lifeline is now a record $150 billion.) And, with layoffs having begun at AIG, it would seem particularly galling to throw money at “fat-cat” nincompoops.

But, we’re going to argue that Liddy actually had the right idea in paying retention packages to key managers. Liddy may have had no choice. (Yes, and Ken Lewis probably had no choice but to pay Merrill’s top FAs to stay too. FAs didn’t cause the problem and, in a way, are victims of bad management, too. And since the 16,000-strong advisors represent 37 percent of Merrill’s revenue, Lewis could not take the chance that they would bolt—taking their clients and assets with them.)

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