Tag Archives: SEC

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AFR Letter: CFTC and SEC Must Act Against Derivatives “De-Guaranteeing” Ploy

“On behalf of Americans for Financial Reform (AFR), we write today to ask you to ensure appropriate regulatory oversight of derivatives transactions conducted through foreign subsidiaries of multinational Wall Street banks. In particular, we urge you to prevent the inappropriate classification of such derivatives as ‘non-guaranteed’ by the parent company, a classification which could exempt them from numerous critical derivatives regulations.”

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On Halloween, SEC Chair Serves Up Old Trick: Delay

Section 953b of the Dodd-Frank Act requires banks and other large public corporations to disclose the pay of their CEOs as a multiple of the pay of their median employees. Of the 400-odd rules mandated by Dodd-Frank, this one is arguably the simplest. But CEOs have lobbied against it both at the SEC and in Congress, and four years after the law was enacted, the Securities and Exchange Commission has yet to put the pay-ratio provision into effect.

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AFR Statement on Final SEC Cross-Border Rule

“Overall, this rule is disappointing. It continues to leave a major gap in regulatory authority regarding the application of U.S. law to foreign subsidiaries of U.S. banks. Specifically, while the rule applies U.S. jurisdiction to cases where a foreign subsidiary’s swap counterparty has legal recourse to the U.S. parent bank for the performance of a specific swap, it does not extend jurisdiction to cases where the parent U.S. bank is implicitly or even explicitly committed to guarantee the subsidiary in general.”

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AFR in the News: SEC Has Revealed Astounding Corruption in Private Equity

“One scam is to fire employees of the private equity firm and rehire them immediately as ‘consultants.’ The investors are responsible for consultants’ salaries, where private equity employees are paid out of their own pockets. Another is taking what most private equity investors believe to be part of management fees, things like legal and compliance costs, and billing their investors for them without the investors properly knowing it. A third is private equity firms lying about the valuation methods they use to tell investors about the returns they make each year. All of these are ways for private equity firms to take money from their investors for themselves.”

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AFR in the News: Sheryl Garrett Scoffs at Argument Against Fiduciary Duty

“One investment adviser is sick and tired of the financial industry’s threat that mom-and-pop investors will suffer if investment-advice standards are raised,” writes Mark Schoeff of Investment News. At a media briefing in Washington hosted by the Consumer Federation of America, AARP, the AFL-CIO and Americans for Financial Reform, “Sheryl Garrett, founder of the Garrett Planning Network Inc., said that investors with low net worth can be served in a market where all financial advisers must act in their best interests.”

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AFR Calls on SEC to Strengthen Rules Governing Credit Rating Agencies

AFR, AFSCME, and the SEIU today sent the letter below to the Securities and Exchange Commission calling on the Commission to reproprose and strengthen its rules governing credit rating agencies. Conflicts of interest and deceptive practices at credit rating agencies were central to the 2008 financial crisis and continue to pose a threat to the economy today.