Posts Tagged ‘shareholders’

Goldman Sachs Settlement with SEC Ignores Company’s Duty to Provide Timely Disclosures to Shareholders about Investigation Leading up to Litigation

Sam Antar makes a good point here.  Looking out for shareholders was not the objective of the lawsuit brought by the SEC against Goldman Sachs. Whether it would have, should have, or could have been considered is another matter, and apparently not going to be addressed.  What we have here (and seemingly everywhere within our financial system) is not a real operation of law, but more of a political sideshow.  - Ilene 

Goldman Sachs Settlement with SEC Ignores Company’s Duty to Provide Timely Disclosures to Shareholders about Investigation Leading up to Litigation

Courtesy of Sam Antar of White Collar Fraud 

The Securities and Exchange Commission’s settlement of a lawsuit against Goldman Sachs (NYSE: GS) over a certain subprime mortgage product sold to investors misses a key issue concerning the company’s duty to provide timely and transparent disclosures to its own shareholders about government subpoenas, investigations, and pending enforcement actions against the firm. In this particular case, Goldman did not make timely disclosures about the regulator’s investigation and pending lawsuit against the firm, right under the SEC investigator’s noses.

Goldman Sachs chooses to keep shareholders in the dark about SEC investigation and pending enforcement action

During the summer of 2008, the SEC started investigating Goldman’s marketing of a certain subprime mortgage product, known as ABACUS CDO, to investors who lost over $1 billion from that transaction.
At that time, Goldman Sachs knew that the SEC was investigating its failure to disclose material information to investors in violation of SEC Rule 10b-5 in connection with that transaction. However, Goldman Sachs did not disclose the SEC’s investigation in its financial reports.

In July 2009, the SEC sent Goldman Sachs a Wells notice informing Goldman of its intention to file a lawsuit against the company. Still, Goldman Sachs chose not to disclose the SEC’s pending enforcement action in its financial reports.

On Friday, April 16, 2010, the SEC filed a surprise lawsuit against Goldman Sachs and Executive Director Fabrice Tourre alleging securities fraud in connected with the company’s marketing of the ABACUS CDO to investors. That day, Goldman Sachs shares plummeted from $183.31 per share to $160.30 per share or about 13%, wiping out about $12 billion of shareholder wealth.

Clearly, investors deemed the surprise news of the SEC complaint against the company as material information, unlike the management team running Goldman Sachs.

Goldman Sachs settles SEC charges

Yesterday, Goldman Sachs settled SEC charges…
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Greed’s Not Good For Shareholders

Greed’s Not Good For Shareholders

greedCourtesy of Tim at The Psy-Fi Blog 

Don’t Aim to Maximise Shareholder Value

When we look at the genuinely successful business people of our time, that happy band of folks who’ve created true shareholder value, enriching themselves and their followers to an astonishing degree, we find an extraordinary thing. The vast majority of these people are not particularly interested in money and their companies are generally not dedicated to some New Age declaration of shareholder value maximisation.

Greed is not a quality that seems to drive the world’s greatest creators of shareholder value and creating shareholder value is not the aim of the companies that are best at it. In fact we can pretty much guarantee the alternative: wherever you find over-rewarded executives presiding over companies whose main aim is to increase their market capitalisation we should pick up our skirts and get the hell out of it. Corporate greed is bad for ordinary shareholders.

Buffett’s Army

If you read Warren Buffett’s shareholder letters, for instance, you can’t help but notice that the people whose companies he takes over all, by and large, continue to work for him despite being made rich beyond the dreams of our avarice. They tap-dance to the workplace everyday and lead their companies through a set of values far removed from the value enhancing conceits of management consultants.

What seems to set aside great business people and their businesses from the pond life that mainly occupies executive positions is that they focus on things other than making money. These generally involve doing stuff that people actually want to pay good cash for, rather than an obsession with growth. Indeed, the last thing we should want is running our companies is people who are greedy for money, since the opportunities for unscrupulous executives to cheat us shareholders are huge.

Welch on Shareholder Value

The dangers of the concept of shareholder value are outlined by Jacques Reland who quotes Jack Welch with approval:

“On the face of it Shareholder Value is the dumbest idea in the world. Shareholder Value is a result, not a strategy. Your main constituencies are your employees, your customers and your products”

Welch, of course, was the man behind the elevation of shareholder value to cult status in his time as CEO of General Electric, so this looks like…
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10 Things You Need To Know That Are Going On This Weekend

SPECIAL EDITION: 10 Things You Need To Know That Are Going On This Weekend

Courtesy of Joe Weisenthal, at Clusterstock 

It’s a Saturday, but it certainly doesn’t feel like it, because there’s a heck of a lot going on. 

Here’s what you need to be paying attention to this May Day.

  • Greece/IMF/EU talks continue. According to Greek government officials, some kind of announcement may be made today. The market is hoping to hear something that’s orders of magnitude stronger than any bailout announcement we’ve gotten so far, or otherwise the feeling will be that it can and will fall through again.
  • Of course, there are fresh violent, anti-austerity protests going on today in Athens. The fact that it’s May Day, a day for celebrating anti-capitalism only adds to the tension.
  • New reports suggest the criminal probe into Goldman Sachs is not just a perfunctory follow-on to the SEC charges, but rather a truly separate thing that’s wider than Abacus, and that started before the SEC’s investigation. HUGE.
  • With just five days before the election, UK’s The Guardian has endorsed the Liberal Democrats, the country’s biggest third party. Its leader, Nick Clegg, has surged thanks to a string of strong debate performances, Gordon Brown’s disastrous campaigning, and a lingering sense of unease with the conservatives.


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    Phil's Favorites

    How Netflix affects what we watch and who we are - and it's not just the algorithm

     

    How Netflix affects what we watch and who we are – and it’s not just the algorithm

    pixinoo / Shutterstock

    Courtesy of David Beer, University of York

    Netflix’s dystopian Korean drama Squid Game has become the streaming platform’s biggest-ever series launch, with 111 million viewers watching at least two minutes of an episode.

    Out of the thousands of programmes available on Netflix globally, how did so ...



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    Zero Hedge

    Where Are We In The Market Cycle?

    Courtesy of Jesse Felder, TheFelderReport.com

    (The following blog post was adapted from a recent Market Comment featured on The Felder Report PREMIUM, as published at ZeroHedge)

    Lately, I’ve started to notice many signs suggesting we are now well past the peak in risk appetites. To begin with, Citi’s panic/euphoria model, developed by Tobias Levkovich (and renamed in his honor after he sadly passed away last weekend), is a terrific visual representation of this phenomenon. In the early part of this year, it soared to ...



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    Politics

    Steve Bannon faces criminal charges over Jan. 6 panel snub, setting up a showdown over executive privilege

     

    Steve Bannon faces criminal charges over Jan. 6 panel snub, setting up a showdown over executive privilege

    Defiant or following Trump’s direction? John Lamparski/NurPhoto via Getty Images

    Courtesy of Kirsten Carlson, Wayne State University

    The House committee investigating the Jan. 6 attack on the U.S. Capitol is tasked with providing as full an account as possible of the attempted insurrection. But there is a problem: Not everyone is cooperating.

    As of Oct. 14, 2021, Steve Bannon, a one-tim...



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    Biotech/COVID-19

    Ivermectin is a Nobel Prize-winning wonder drug - but not for COVID-19

     

    Ivermectin is a Nobel Prize-winning wonder drug – but not for COVID-19

    While ivermectin was originally used to treat river blindness, it has also been repurposed to treat other human parasitic infections. ISSOUF SANOGO/AFP via Getty Images

    Courtesy of Jeffrey R. Aeschlimann, University of Connecticut

    Ivermectin is an over 30-year-old wonder drug that treats life- and sight-threatening parasitic infections. Its lasting influence on global health has been so profound...



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    Digital Currencies

    Is This the Way?

     

    Is This the Way?

    Courtesy of 

    A listener asked something that’s on a lot of investors’ minds? Should I be taking way more risk?

    I’m 34 y/o and a couple of years ago a friend of mine took enormous financial risk, betting his life savings on obscure crypto coins (Elrond and Fantom). The bet paid off and he has managed to turn $30k into $6 million. Can you please help me make sense of this? I have always considered myself to be financially responsible, saving a large percentage every month for retirement.

    I’m concerned I’m being too responsible and need to incorporate more risk into my portfolio. My Roth IRA/403(b) is...



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    Chart School

    Gold getting ready to move

    Courtesy of Read the Ticker

    By Xmas 2021 the DEM's must set a foundation for their run in US Mid Terms late in 2022. The DEM's have a few narrative problems, but one they wish to avoid is a 'stock market crash'. They must produce enough juice for the economy to hold up into the mid term elections.

    In short it is more debt, a  higher debt ceiling, and more debt for the FED to buy, a larger balance sheet for the FED. This means hard currency remains in a uptrend and higher prices will be soon upon us.





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    Promotions

    Phil's Interview on Options Trading with TD Bank

    TD Bank's host Bryan Rogers interviewed Phil on June 10 as part of TD's Options Education Month. If you missed the program, be sure to watch the video below. It should be required viewing for anyone trading or thinking about trading using options. 

    Watch here:

    TD's webinar with Phil (link) or right here at PSW

    Screenshots of TD's slides illustrating Phil's examples:

     

     

    &n...



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    Kimble Charting Solutions

    Crude Oil Cleared For Blast Off On This Dual Breakout?

    Courtesy of Chris Kimble

    Is Crude Oil about to blast off and hit much higher prices? It might be worth being aware of what could be taking place this month in this important commodity!

    Crude Oil has created lower highs over the past 13-years, since peaking back in 2008, along line (1).

    It created a “Double Top at (2), then it proceeded to decline more than 60% in four months.

    The countertrend rally in Crude Oil has it attempting to break above its 13-year falling resistance as well as its double top at (3).

    A successful breakout at (3) would suggest Crude Oil is about to mo...



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    ValueWalk

    Managing Investments As A Charity Or Nonprofit

    By Anna Peel. Originally published at ValueWalk.

    Maintaining financial viability is a constant challenge for charities and nonprofit organizations.

    Q4 2020 hedge fund letters, conferences and more

    The past year has underscored that challenge. The pandemic has not just affected investment returns – it’s also had serious implications for charitable activities and the ability to fundraise. For some organizations, it’s even raised doubts about whether they can continue to operate.

    Finding ways to generate long-term, sustainable returns for ...



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    Mapping The Market

    Suez Canal: Critical Waterway Comes to a Halt

     

    Suez Canal: Critical Waterway Comes to a Halt

    Courtesy of Marcus Lu, Visual Capitalist

    The Suez Canal: A Critical Waterway Comes to a Halt

    On March 23, 2021, a massive ship named Ever Given became lodged in the Suez Canal, completely blocking traffic in both directions. According to the Suez Canal Authority, the 1,312 foot long (400 m) container ship ran aground during a sandstorm that caused low visibility, impacting the ship’s navigation. The vessel is owned by Taiwanese shipping firm, Evergreen Marine.

    With over 2...



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    The Technical Traders

    Adaptive Fibonacci Price Modeling System Suggests Market Peak May Be Near

    Courtesy of Technical Traders

    Our Adaptive Fibonacci Price Modeling system is suggesting a moderate price peak may be already setting up in the NASDAQ while the Dow Jones, S&P500, and Transportation Index continue to rally beyond the projected Fibonacci Price Expansion Levels.  This indicates that capital may be shifting away from the already lofty Technology sector and into Basic Materials, Financials, Energy, Consumer Staples, Utilities, as well as other sectors.

    This type of a structural market shift indicates a move away from speculation and towards Blue Chip returns. It suggests traders and investors are expecting the US consumer to come back strong (or at least hold up the market at...



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    Lee's Free Thinking

    Texas, Florida, Arizona, Georgia - The Branch COVIDIANS Are Still Burning Down the House

     

    Texas, Florida, Arizona, Georgia – The Branch COVIDIANS Are Still Burning Down the House

    Courtesy of Lee Adler, WallStreetExaminer 

    The numbers of new cases in some of the hardest hit COVID19 states have started to plateau, or even decline, over the past few days. A few pundits have noted it and concluded that it was a hopeful sign. 

    Is it real or is something else going on? Like a restriction in the numbers of tests, or simply the inability to test enough, or are some people simply giving up on getting tested? Because as we all know from our dear leader, the less testing, the less...



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    Insider Scoop

    Economic Data Scheduled For Friday

    Courtesy of Benzinga

    • Data on nonfarm payrolls and unemployment rate for March will be released at 8:30 a.m. ET.
    • US Services Purchasing Managers' Index for March is scheduled for release at 9:45 a.m. ET.
    • The ISM's non-manufacturing index for March will be released at 10:00 a.m. ET.
    • The Baker Hughes North American rig count report for the latest week is scheduled for release at 1:00 p.m. ET.
    ...

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    About Phil:

    Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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    Ilene is editor and affiliate program coordinator for PSW. Contact Ilene to learn about our affiliate and content sharing programs.