--Barry Asmus
The Required Disclosures
Wednesday, January 12, 2011
Get Rich Or Die Tryin
U.S. Import and Export Price Indexes News Release
The latest U. S. Import and Export Price Indexes news release (http://www.bls.gov/news.release/pdf/ximpim.pdf) was issued today by the Bureau of Labor Statistics. Highlights are below.
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U.S. import prices rose 1.1 percent in December, after increasing 1.5 percent in November and 1.1 percent in October. Import prices advanced 4.8 percent in 2010. The price index for U.S. exports increased 0.7 percent in December and 6.5 percent over the past year.
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"When Johnny Comes Marching Home Again, Hurrah, Hurrah"
- Fuel import prices were up 4.1% for December, 11.9% for the year. This is paltry compared to 2009, which saw a 62.2% price increase. Import petroleum prices were up 13.7%, but import natural gas prices were down 11.3%.
- Agricultural export prices were up 1.7% for December, taking advantage of those rising world food prices and further boosted by cotton prices (up 10.5%) and soybean prices (up 5.0%). For the year agricultural export prices were up 20.2% (with cotton prices - up 107.0% - in the driver's seat)
"Over There, Over There, Say A Prayer, Say A Prayer For Over There"
Despire Failure, Most Public Pensions Safe
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Despite Failure, Most Public Pensions Safe
By Paul O'Dowd
Pensioners and investment management professionals need not worry about retirement plans going bankrupt, experts say, despite a recent event that saw a municipal pension in Alabama go belly-up.
Most believe the undoing of the Prichard, Ala. pension was a one-time event, one that is not likely to be repeated elsewhere. In the case of Prichard, which is a small community near Mobile, pension executives knew of the impending failure, yet chose to let the system fail. It is no longer paying benefits to its retirees.
“I think this [pension failing] can be a one-off,” says Keith Brainard, research director for the National Association of State Retirement Administrators. “Everything I have seen about this tells me that the city saw the warnings and didn’t take action.”
Brainard, who has also worked at the Arizona State Retirement System as a manager of budgets and planning, says most pensions have enough assets to continue paying benefits for years. “For the ones that don’t, if they haven’t taken action yet, they likely will take action [soon],” he states. “Based on my information, I don’t expect [this occurrence] to catch fire.”
Despite Brainard’s confidence in the public pension industry, there are numerous states which are facing funding challenges. One of the most glaring is Illinois, where several state-wide pension plans have had to sell off securities in recent months to make pension benefits.
For example, as of last month, the $10.4 billion Illinois State Board of Investments had pulled nearly $500 million from its long-only asset classes to pay benefits – a case that distinctly illustrates managers being hurt by funding issues. The pension, which has taken out $80 million per month over the past six months, has seen its assets dip by 5% as it awaits a state Senate vote to approve a bond sale – a vote that would mean a $1 billion infusion if passed. Other state pensions would also benefit from that bond issue.
Municipalities in other states are feeling pension pain too, such as the town of Vallejo, Calif. The small city near San Francisco declared bankruptcy in 2008 and is now attempting to solve its shortcomings. According to a recent Bloomberg article, Vallejo is trying to deal with $195 million worth of unfunded pension obligations, its largest liability. The city is currently drawing up blueprints for its bankruptcy exit plan.
Despite such funding issues, public pensions usually have safety nets, however, to save pensions if problems do arise, says Ray Edmondson, CEO of the Florida Public Pension Trustees Association.
“If a [Floridian] city calls for a financial emergency, the state will take over, so the [retirees] are OK,” says Edmondson, adding there are strict laws on this issue to avoid pension failures. “And then there is [pension] insurance,” he adds
There are tens of thousands of public pensions in the U.S., he says, and the fact that so few have failed should lead one to a conclusion that this is not a trend.
“The pension plans are designed not to go bankrupt,” Edmondson states. “All we ask is that if the politicians negotiate benefits, that they then fund them.”
Schwab to Pay $119 Million in Yieldlus Settlement With Regulators
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View this article on our website: Schwab to Pay $119 Million in YieldPlus Settlement With Regulators
Schwab to Pay $119 Million in YieldPlus Settlement With Regulators
By Beagan Wilcox Volz
Schwab has agreed to pay $119 million to settle with the SEC, Finra and Illinois regulators over misleading statements regarding its YieldPlus Fund.
The Securities and Exchange Commission also brought fraud charges on Tuesday against the firm’s former chief investment officer for fixed income and a current executive VP. That case continues.
The SEC claims the two executives failed to inform investors adequately about the risks of investing in the fund. While the fund was described as a cash alternative with only slightly higher risk than money market funds, it was actually much riskier than money funds, the SEC says in a press release.
Schwab expects to include an after tax charge of $97 million in its fourth quarter financial results related to the settlements, according to a statement from the firm.
Schwab neither admits nor denies the SEC’s findings.
“Schwab has acted in good faith by working with the SEC and FINRA to address their concerns as well as by resolving most client claims including entering into a substantial settlement of a federal class action lawsuit,” the firm states. “We are pleased that the bulk of associated payments will go directly to YieldPlus shareholders, further reducing the impact of the credit crisis on them.”
Indeed, private litigants nationwide that have sued Schwab over losses in YieldPlus will receive $200 million in a settlement with the firm; $35 million is allocated to California investors suing under state law.
The SEC also found that the fund deviated from its concentration policy without obtaining required shareholder approval. The fund invested about 50% of its assets in private-issuer mortgage-backed securities; its concentration limit was 25%, according to its policies, the SEC says.
Schwab had argued that it did not need shareholder approval to increase the fund’s investments in mortgage-backed securities.
The fund’s assets under management hit a peak of $13.5 billion in 2007, but declined to $1.8 billion during an eight-month period due to redemptions and declining asset values, according to the SEC.
While the fund’s net asset value fell, Kimon Daifotis, the firm’s former CIO for fixed income, and Randall Merk, executive VP and formerly president of Charles Schwab Investment Management, made misstatements and omissions regarding the fund during conference calls, in issued written materials, and through other communications with investors, the agency says.
“For example, in two conference calls, Daifotis made false and misleading statements that the fund was experiencing ‘very, very, very slight’ and ‘minimal’ investor redemptions,” the SEC release states. “In fact, Daifotis knew that YieldPlus had experienced more than $1.2 billion in redemptions during the two weeks prior to the calls, which caused YieldPlus to sell more than $2.1 billion of its securities.”
In addition, the agency also charged Schwab with failing to establish, maintain and enforce policies and procedures to prevent the misuse of material, nonpublic information.
"For example, they did not have specific policies and procedures governing redemptions by portfolio managers who advised Schwab funds of funds, and did not have appropriate information barriers concerning nonpublic and potentially material information about the fund,” the SEC says. “As a result, several Schwab-related funds and individuals were free to redeem their own investments in YieldPlus during the fund's decline."
As part of the settlement, Schwab must correct all concentration disclosures for YieldPlus and the Total Bond Market Fund. The firm must also retain an independent consultant to review and make recommendations about their policies and procedures to prevent the misuse of material, nonpublic information.