Posts Tagged ‘newsreports

06
Mar

Funds Tied to Madoff Win a Ruling to Stop Suits

UBS and Ernst & Young won a court ruling Thursday in Luxembourg, potentially blocking hundreds of claims by investors who had lost money in funds tied to Bernard L. Madoff’s fraud.

Luxembourg’s commercial court said that investors could not bring individual lawsuits for damages. The court said it was up to the liquidators of the funds that invested with Mr. Madoff to seek the “recovery of the capital assets.”

Investors who lost millions of dollars through Access International Advisors’ LuxAlpha Sicav-American Selection fund had filed more than 100 lawsuits against UBS and Ernst & Young for “seriously neglecting” their fund supervisory duties. Luxembourg’s commercial court in April 2009 decided to hear some of the cases to test whether the claims were admissible.

UBS served as the custodian for LuxAlpha. Custodians are responsible for oversight of funds and manage deposits and payments to investors.

“UBS welcomes the clarification of Luxembourg law as expressed by today’s decisions,” Tatiana Togni, a spokeswoman for the bank, said in an e-mail message.

Spokesmen for Ernst & Young in Luxembourg could not immediately be reached to comment. LuxAlpha, which invested 95 percent of its assets with Mr. Madoff, said it had $1.4 billion in net assets a month before Mr. Madoff’s arrest in December 2008. The fund was dissolved and is being liquidated.

Luxembourg is the second-largest mutual fund market after the United States, with about 3,463 registered funds holding 1.84 trillion euros ($2 business cards.5 trillion) in assets.

François Brouxel, who represented investors in four of the test cases and has more than 60 others pending, said he would appeal the court’s finding. He said the ruling “is in direct contradiction with E.U. rules and will have repercussions for the Luxembourg financial market if investors feel they are not protected.”

Mr. Madoff, 71, pleaded guilty last year in federal court in Manhattan and was sentenced to 150 years in prison for using money from new clients to pay earlier investors.

UBS Settles Auction-Rate Case

The Swiss bank UBS agreed on Thursday to buy back $200 million of auction-rate securities and pay a $6.64 million fine to settle charges it misled investors about the debt’s safety.

The accord, reached with the Texas State Securities Board, covers investors left out of an August 2008 nationwide settlement with several regulators in which UBS agreed to buy back $18.6 billion of auction-rate securities and pay a $150 million fine.

That settlement covered investors who held securities in UBS accounts. The state said UBS has to date agreed to buy back $22 billion of auction-rate debt.

Auction-rate debt has interest payments that reset at periodic auctions. Regulators have accused many broker-dealers of marketing the debt as being as safe as cash.

Reuters

Funds Tied to Madoff Win a Ruling to Stop Suits

14
Feb

Insider Trading Charge in China

HONG KONG — The former chairman of one of China’s largest electronics companies has been charged with insider trading, offering bribes and running illegal operations, the state-run China News Service said.

Huang Guangyu’s case was sent to the Beijing Municipal Second Intermediate People’s Court for trial, and the people accused of being his accomplices have also been indicted, China News Service said Saturday without identifying those people.

The charges against Mr. Huang had long been expected. He has been in detention since November 2008, and Chinese officials subsequently took the uncommon step of publicly confirming that he was under investigation by the Ministry of Public Security.

He resigned as chairman of the electronics company, Gome, two months after his detention.

He has been held incommunicado, as is common in China during investigations, and could not be reached Sunday for comment.

Sunday marks the first day of the Lunar New Year holiday, with government and corporate offices closed across China and tens of millions of people going to their hometowns to celebrate.

The long-running scandal over Mr no fax payday loans. Huang’s alleged activities has already tarnished the careers of a series of Chinese officials. Zhu Ying, the former deputy director of the Shanghai Municipal Public Security Bureau, was expelled from the municipal discipline inspection committee of the Communist Party last December. The committee issued a statement at the time saying, without providing details, that he had been stripped of his membership in connection with the investigation of Mr. Huang.

The investigation of Mr. Huang has also resulted in further reviews at the Ministry of Public Security of how the ministry’s economic crimes section had handled the affair, according to the state-run news agency Xinhua, which is larger than China News Service.

Before his arrest, Mr. Huang had been one of the wealthiest people in China, with Forbes magazine estimating his wealth then at $2.7 billion and the Hurun Report, which also keeps track of the wealth of Chinese business leaders, estimating that he was worth $6.3 billion.

Insider Trading Charge in China

08
Feb

CIT names ex-Merrill CEO Thain as chairman, CEO

NEW YORK – CIT Group has chosen former Merrill Lynch CEO John Thain to lead the company as chairman and CEO as the commercial lender continues to restructure its business following a brief stay in bankruptcy protection last year.

CIT Group Inc., one of the nation’s largest lenders to small and mid-sized businesses, says Thain will take the helm immediately. He replaces acting interim CEO Peter J. Tobin, who will remain on CIT’s board.

Thain served as chairman and CEO of Merrill Lynch until its sale to Bank of America was completed in January 2009 bad credit payday advance. He resigned under pressure from the combined company after reports he rushed out billions in bonuses to Merrill employees in his final days as CEO, while the brokerage was suffering huge losses and just before Bank of America took it over.

CIT names ex-Merrill CEO Thain as chairman, CEO

12
Jan

Japans current account surplus rises by 76.9% in Nov.

TOKYO, Jan. 12 (Xinhua) — Japan’s current account surplus rose by 76.9 percent year on year to 1.103 trillion yen (12 billion dollars) in November, according to statistics released on Tuesday by the Ministry of Finance.

The surplus in the current account is the broadest measure of Japan’s trade with the rest of the world, and was down from 1.3976trillion yen (15 billion dollars) in October.

The balance of trade in goods and services stood at 439.5 billion yen (4.8 billion dollars), down from 618.3 billion yen (6.7 billion dollars) in October.

Exports posted a year-on-year decrease of 7 percent, and stood at 4.704 trillion yen (51 billion dollars). The year-on-year decrease was much smaller than October’s, when exports posted a 24.6 percent fall.

Imports also fell by 18.2 percent year on year and stood at 4.214 trillion yen (46 billion dollars) in November payday loans. Imports were up compared to October, however, when they stood at 4.017 trillion yen (43.5 billion dollars) after falling year on year by 37.7 percent.

Income from overseas securities held by Japanese stood at 732.8 billion yen (8 billion dollars), down from 845.3 billion yen (9.2 billion dollars) for the same month last year.

Japan’s current account surplus fell into a deficit in January last year, causing alarm amid a dour economy. Since then, however, things have picked up for Japan as a tentative recovery led by the manufacturing sector has been kept in place by fiscal stimulus measure implemented by the government and the Bank of Japan (BOJ). Special Report: Global Financial Crisis

Japan’s current account surplus rises by 76.9% in Nov.

04
Jan

Wall St rises on higher oil, data on tap

NEW YORK (Reuters) – U.S. stock index futures pointed to a higher open on Monday on a jump in crude oil prices and ahead of data expected to show expansion in the manufacturing sector.

On the first trading day of the year, investors are awaiting November construction spending data and the Institute for Supply Management's manufacturing index for December, which analysts forecast will rise from the prior month.

"An improvement in the datapoints will be another confirmation of the evidence that we've been getting stronger," said Edward Riley, chief executive of Riley Asset Management in Boston.

"Also, people tend to put more weight on data that comes out in the beginning of the year, so this could have an out-sized influence on trading."

Russia had halted supplies to Belarussian refineries after failing to resolve an oil pricing dispute, according to traders, but on Monday, the Belarus state oil firm said Russian oil was flowing normally to European Union customers via Belarus. February crude futures gained 2.1 percent to a two-month high.

Also helping commodities was a weak U.S. dollar, which fell 0.5 percent against a basket of currencies (.DXY).

S&P 500 futures rose 7.3 points and were above fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract paydayloans. Dow Jones industrial average futures added 67 points and Nasdaq 100 futures gained 20.50 points.

Shares of Chesapeake Energy Corp (CHK.N) gained 5.7 percent to $27.35 in premarket trading after Total SA (TOTF.PA) agreed to pay $2.25 billion for a 25 percent stake in Chesapeake's Barnett Shale gas fields.

U.S. Federal Reserve Chairman Ben Bernanke said Sunday that vigorous financial regulations would have been the best way to restrain the housing bubble that helped cause the deep recession, but said policymakers can no longer rule out monetary policy to curb the buildup of risk.

Overseas markets traded higher, with both European and Japanese shares hitting 15-month highs.

U.S. markets were closed Friday for New Year's Day. On Thursday, stocks fell, with the three major indexes down about 1 percent. For 2009, the Dow gained 19 percent, the S&P rose 24 percent, and the Nasdaq added 44 percent.

(Editing by Jeffrey Benkoe).

Wall St rises on higher oil, data on tap

03
Jan

Business Briefing | Labor: Contract Talks at Chilean Copper Mine Break Down

Union representatives for Codelco’s Chuquicamata copper miners in Chile said that last-minute contract talks broke down, ending an effort to head off a strike set to begin on Monday. Negotiations had resumed on Friday, the last day of the current contract, according to a union official, Miguel Lopez. “We are not going to sign today,” Mr. Lopez said by telephone. “We will just have to carry out the strike.” Chuquicamata is part of the state-owned Codelco’s Norte unit, which accounted for almost half of the company’s copper output of 1 payday advance.55 million metric tons in 2008. Codelco is one of the largest copper producers in the world. Worldwide production this year is estimated at 18.1 million tons, according to Barclays Capital.

Business Briefing | Labor: Contract Talks at Chilean Copper Mine Break Down

30
Dec

Panel Rejects French Carbon Tax

BRUSSELS — France’s Constitutional Council has rejected a tax on carbon emissions strongly backed by President Nicolas Sarkozy that was to take effect Friday. But his ruling conservative party said the measure would be redrafted so it could be passed into law next year.

The council ruled late Tuesday that the bill contained too many exemptions for polluters, broke with past practices and threatened to make tax collection unfair.

The ruling is a blow to Mr. Sarkozy, who has sought to burnish his green credentials by holding international talks next year to seek agreement on emission cuts following the Copenhagen climate conference. Environmental groups have said they expect the talks to be held in Paris.

The Copenhagen conference, which ended without a timetable to reach a binding global agreement to curb greenhouse gas emissions, represented a humiliation for European Union leaders seeking to lead global efforts to tackle climate change.

Mr. Sarkozy said he strongly favored the tax, scheduled to go into force on the first day of the new year, as a way to shift France onto a low-carbon path and modify the way the state collects revenue.

The tax was set at €17 for each ton of carbon dioxide.

Members of opposition Socialist party, many of whom said the tax would damage citizens’ purchasing power, said the defeat was personal one for Mr. Sarkozy because he had cultivated an image of aggressively on fighting emissions on the international stage but was unable to put in place workable policies at home.

Members of the French Green party said the defeat would force the government to come forward with a bill that would be more effective in helping to curb France’s contribution to global warming.

A number of Scandinavian countries already have similar taxes, which raise the cost of fuel for motorists and for household heating.

But in its ruling, the French council said the tax was flawed because it would have primarily raised the cost of fuel for vehicles and heating even though there are many other sources of emissions cash advance to savings account.

Senior members of Mr. Sarkozy’s party immediately said the government would amend the text of the bill, taking into account the objections of the council, and present a new text for approval by the country’s council of ministers on Jan. 20.

But it remains unclear how the bill could be modified to meet the demands of the council without fierce objections from French industry.

A move to subject heavy industries to the tax would be opposed by French companies that already complain the costs of doing business in the country make it difficult for them to compete in Europe and elsewhere.

France has backed efforts to introduce an E.U.-wide carbon tax that could overcome some of those objections. But many countries like Britain strongly oppose moving such fiscal decision-making from national capitals to Brussels.

Mr. Sarkozy also has promoted so-called border taxes at the E.U.’s frontiers to protect the competitiveness of European industry. But those taxes could provoke a trade war with key partners like China and the United States.

The European Union has operated an Emissions Trading System since 2005 that requires large polluters like cement manufacturers, steelworks and electricity utilities to hold a certain quota of permits to emit greenhouse gases.

Those companies must buy additional permits if they exceed their quota.

But the price of those permits has never been high enough for long enough to push utilities to adopt lasting changes. The French carbon tax was envisaged as a means to nudge industry toward systemic change by pushing up the cost of using products and services based on fossil fuels.

Panel Rejects French Carbon Tax

29
Dec

Wall Street Can’t Hold on to Its Gains

Wall Street could not hold onto its slim gains Monday afternoon, moving lower in afternoon trading.

Shares had gotten some lift earlier in the trading day from reports of an improvement in holiday sales for the nation’s retailers and signs of economic growth in Asia.

In afternoon trading, the Dow Jones industrial average was down 9.6 points, the Standard & Poor’s broader 500-stock index declined 0.21 percent or 2.3 points, and the technology-dominated Nasdaq dropped 0.11 percent in light trading.

A report showing that holiday sales in the United States were up 2.6 percent — compared with a 2.3 percent drop a year ago — helped lift shares. Still, the results were not surprising enough to sway the market during what is traditionally a sleepy week. Excluding an extra day of shopping this year, the gain was about 1 percent compared with last year, in line with expectations.

“We’re not seeing the end of the world situation that was with us last year,” said Bill J. Schultz, chief investment officer for McQueen, Ball. “The holiday sales numbers give investors reason to think that maybe things are not getting worse. The question now is, ‘are things actually getting better?’ “

Bank shares were among the losers on Monday.

Trying to take some of the $1 trillion in excess reserves out of the banking system, the Federal Reserve proposed a program Monday to sell term deposits to banks. The proposal, subject to a 30-day comment period, “has no implications for monetary policy decisions in the near term,” the central bank said in a statement.

The Fed chairman Ben S. Bernanke is preparing tools and strategies to shrink or neutralize the inflationary impact from the biggest monetary expansion in history. Central bankers are also conducting tests of reverse repurchase agreements and discussing the possibility of asset sales easy fast payday loans.

The Fed has expanded its balance sheet to $2.2 trillion through several liquidity programs, including purchases of $1.25 trillion in mortgage-backed securities. Excess reserves constitute cash held by banks in excess of what they are required to hold against deposits. The Fed proposal says the term deposits could be sold in an auction or through a formula.

In Europe, the CAC-40 in France closed up 0.88 percent or 34.42 points to 3,947.15, inching closer to the 4,000-point threshold it last crossed in October 2008. The DAX in Germany climbed 0.76 percent, or 45.48 points, to 6,002.92. The London exchange was closed for Boxing Day.

Overnight, the Nikkei in Japan closed 1.33 percent higher. Japanese officials reported that factory output was up 2.6 percent in November — the ninth consecutive month of gains — helped by strong overseas demand for goods like car parts and flat-panel televisions, Reuters reported. The Japanese economy, second only to the United States, has struggled with deflation and a strong yen, and growth in exports there could help speed up the global recovery.

Last week, China reported that its economy grew 9.6 percent in 2008, rather than the 9 percent originally reported.

Airline stocks in the United States were lower on Monday, as the federal government attempted to explain why security officers had failed to catch a Nigerian man whom the authorities said was planning to blow up a Detroit-bound airliner on Christmas Day. Shares of Delta Air Lines, which operated the flight, fell 3.7 percent.

The price of oil climbed to $78.90 a barrel, helping drive up shares of energy companies, including Exxon Mobil.

The dollar weakened against other currencies, trading at $1.438 against the euro.

Wall Street Can’t Hold on to Its Gains

27
Dec

Christmas and Boxing Day shoppers defy British recession

By Peter Barker

LONDON, Dec. 26 (Xinhua) — Despite the continuing recession, shoppers in Britain took to the Internet on Christmas Day and the High Street on Boxing Day in the search for bargains.

On Christmas Day all shops, banks and transport were shut, but the first shopping days after Christmas now see big discounts from high street retailers large and small, known as the Sales.

Up until the late 1990s virtually no high street chains were open on Boxing Day, December 26. After that retailers quickly seized the opportunity to be open for customers keen to find bargains.

This year supermarket chains like Tesco and Sainsbury’s opened stores, but other famous chains like Marks & Spencer and Waitrose remained shut. Some household names, like Debenhams and Next, opened earlier than usual, at 8 a.m..

The Guardian newspaper reported on its website that in London, hundreds of people queued outside Selfridges’ flagship store before the doors opened at 9 a.m.. When the doors opened shoppers rushed for bargains and stewards were used to control the crowd.

Richard Brasher, Tesco’s commercial and trading director, said in a statement: “Boxing Day is a key time for customers looking to save on electrical items, homeware and clothing. We will cut prices on big brand homeware and electricals.”

Online retail is an area which barely existed 10 years ago, but with the greater penetration of broadband and the increasing e-retail awareness of businesses, it is fast becoming an important source of income and is breaking down the old tradition that Christmas Day was a day when no shopping was done.

Internet retailing is driven by infrastructure and demand. According to the Office of National Statistics, at the end of 2008,the last period statistics are available for, 95.1 percent of all Internet connections were broadband, with 59.6 percent at speeds of more than 2 Mbps (megabytes per second).

Advertisers recognize this, and in 2008 the Internet took 23.2 percent of total ad spend, according to Ofcom, the communications industry regulator in Britain. This was beaten only by newspapers (28.4 percent) and TV (26.4 percent). The proportion of ad spend on the Internet in Britain was far higher than in any other major developed nation, with France and Germany next on 15.6 percent and15.3 percent respectively.

Robin Goad, research director at Experian Hitwise, said: “Last year Christmas Day was the seventh busiest online day of the year for online retailers, while Boxing Day was the busiest Same day payday loans.

“Over the last few years the importance of these two days has been increasing, and we see no reason for it to be any different this Christmas. We have already seen that shoppers are willing to hold out longer for a bargain this year, with ‘Cyber Monday’ moving a week closer to Christmas.

“This behavior is likely to carry through to the post-Christmas period, with people logging on after Christmas lunch to find the best discounts before hitting the high street and shopping malls the following day (Boxing Day).”

Cyber Monday is the name given to the busiest Internet shopping day of the year, usually the first Monday in December as customers place orders for their Christmas presents in time for them to be delivered.

E-retail industry body IMRG estimated that on Christmas Day 4.3million shoppers went on-line - spending 120 million pounds (about191.5 million U.S. dollars), at an average of 27.90 pounds each.

The year-on-year growth in sales value for December is expected to be around 14 percent, with around 5.2 billion pounds (about 8.3billion U.S. dollars) expected to be spent online this month.

Christmas Day sales online are boosted by the presents given earlier in the day.

David Smith, director at IMRG, described what happens. He said: “A lot of purchases are for downloads be it films or computer games. If you have received a games console or computer for Christmas one of the first things you want to do is download something.”

Brian McBride, managing director of Amazon.co.uk Ltd, said: “In2008, we saw a 150 percent increase in sales on Christmas Day compared to the previous year. One of the great things about the advent of Internet shopping is that you now have stores that are open 24/7, every single day of the year.

“We saw high volumes of gift certificates being redeemed on Christmas Day as well as a substantial number of MP3 tracks being purchased, with people presumably logging on to get content for the MP3 player that they had received as a gift earlier that day.”

McBride said that when the figures for Christmas Day 2009 were known, he expected them to be even better.

Christmas and Boxing Day shoppers defy British recession

15
Dec

Abu Dhabi Tightens Its Grip as It Offers Help to Dubai

LONDON — By providing a $10 billion lifeline to Dubai on Monday, oil-rich Abu Dhabi has granted its debt-stricken neighbor a critical short-term reprieve from its creditors. But in doing so, it also appears determined to tighten the reins that Dubai has long resisted.

For decades, Dubai, as the most aggressively expansionist of the seven emirates that make up the United Arab Emirates, had claimed a special autonomy from Abu Dhabi, the more conservative seat of the federal government.

This freedom let Dubai, which lacks significant oil reserves, establish itself as a city-state that welcomed all comers — from Iranian and Israeli executives to Western tourists and profit-hungry bankers.

But the $100 billion or so in liabilities that Dubai accumulated in the process proved to be unsustainable, threatening not only itself but the federation as a whole.

Indeed, some analysts now say that Dubai may have taken its last truly autonomous decision when it declared a six-month “standstill” last month on the $26 billion owed by Dubai World, its struggling flagship conglomerate, a decision that took the Abu Dhabi government as well as Dubai’s bankers by surprise.

“Dubai has always been a reluctant member of the U.A.E. federation and has carefully guarded its autonomy,” said Jim Krane, the author of “City of Gold: Dubai and the Dream of Capitalism.” “In the flourish of a pen, Abu Dhabi just tightened the union and its grip over it.”

But even as Dubai appeared to be bowing to the inevitable, the markets cheered the unexpectedly swift move by Abu Dhabi.

Stock markets across Asia rebounded after the announcement, and Europe and Wall Street were up as well. In Dubai and Abu Dhabi, beaten-down stocks of banks and real estate companies rallied sharply.

It remained unclear exactly how Abu Dhabi came to its decision. But, according to one person who was briefed on the discussions, it represented the “apex of presidential decision-making,” referring to the frequent communication in the last weeks between Dubai’s ruler, Sheik Mohammed bin Rashid al-Maktoum, and his cousin Sheik Khalifa bin Zayed al-Nahyan, who is the president of the United Arab Emirates.

According to this person, who was not authorized to speak for the record, the intensive talks about the true nature of Dubai’s debt problems broke ground in communication and disclosure between the emirates — a sign that from here on, Abu Dhabi will impose a much higher level of scrutiny and supervision over Dubai’s decisions, financial and otherwise.

Blood ties also served their purpose. Not only are the rulers of Dubai and Abu Dhabi descendants of the Bani Yas tribe that first settled the lonely stretch of desert in the 18th century, they are also joined by marriage. The daughter of Sheik Mohammed of Dubai recently married Sheik Mansour bin Zayed al-Nahyan, the half brother of Sheik Khalifa and a member of the federal cabinet easy online payday loans.

It became clear that what had started as a negotiating ploy by Dubai World with its creditors had become a compounding crisis that threatened the global credibility of not only Dubai, but the United Arab Emirates itself. Therefore, decisive action was taken.

Dubai World’s standstill created even more of an uproar when a group of foreign hedge funds that had recently become large holders of the bonds of Nakheel, Dubai World’s troubled real estate venture, threatened to drive Dubai World into default by rejecting its proposal to delay interest payments.

While there have always been tensions between the expansionist Dubai and more conservative Abu Dhabi, the prospect of foreign investors laying claim to some of the United Arab Emirates’ most valuable properties, like Dubai’s port operations, seems to have been justification enough for Abu Dhabi to step in.

According to a statement released on Monday by Dubai, the $10 billion was to be used to cover the $4.1 billion owed to the Nakheel bondholders — due on Monday — as well as to provide money for the company to pay its creditors through April 2010 on the condition that the standstill agreement was accepted.

The government also said that it would impose a “comprehensive reorganization law” to help creditors, a step that is likely to result in measures that would allow ailing companies to restructure their debts in a more orderly process.

Even with the $10 billion bailout, Dubai remains heavily burdened with debt. According to research by EFG Hermes in Dubai, it will have more than $60 billion in debt due in the coming years.

Dubai World, for example, still owes about $18 billion; Dubai Holding, the investment vehicle of Sheik Maktoum, owes about $8 billion; the Investment Corporation of Dubai owes $26 billion; and the Dubai government itself must repay $16.3 billion.

And while the bailout will probably make it easier for these various entities to restructure their shorter-term obligations with the help of their banks, it seems certain that they will only be able to do so at higher interest rates to reflect the increased risk Dubai debt now represents.

“Fundamentally, little has changed for Dubai’s outlook,” said Fahd Iqbal, an analyst at EFG Hermes. “We continue to see risk of further debt problems emerging in the coming months and quarters, particularly from Dubai Holding and Istithmar,” the investment arm of Dubai World, “and hence we are keeping our elevated equity risk premium.”

But for Abu Dhabi, long eager to bring Dubai deeper into its union, an enhanced risk premium for the federation’s future borrowings may well be a price it is willing to pay.

Bettina Wassener contributed reporting from Hong Kong.

Abu Dhabi Tightens Its Grip as It Offers Help to Dubai

Hot News: Obama to meet with bankers, decries fat cats

13
Dec

Chuck Jaffe: Naughty funds get lumps of coal

BOSTON (MarketWatch) — Just because investment returns are nicer than last year doesn’t mean there hasn’t been plenty of naughty behavior in the mutual-fund world in 2009.

Now those bad actors get their comeuppance. It’s the 14th annual Lump of Coal Awards, my two-week holiday tradition of easing Santa’s burden by pointing out the bad boys and girls of the fund industry who deserve nothing more than a sooty chunk of carbon in their holiday stockings this year.

The Lump of Coal Awards recognize managers, executives, firms, watchdogs and other fund-industry fumblers for action, attitude, behavior, execution or performance that is misguided, bumbling, offensive, disingenuous, reprehensible or just plain stupid.

With the average diversified stock fund up nearly 27% this year, you might think it would be hard to lob stink bombs at the fund industry now, but there is never a shortage of blundering buffoons and arrogant, investment miscreants.

The 2009 Lump of Coal Awards go to:

TCW Group

When Los Angeles-based TCW agreed this month to buy rival bond fund manager Metropolitan West Asset Management, it whacked its chief investment officer, Jeffrey Gundlach. Trouble is, Gundlach put the firm on the map. As perhaps the best-known bond-fund manager this side of Pimco’s Bill Gross, he was the reason many investors picked TCW in the first place.

TCW officials said Gundlach was canned because he threatened to leave and take his team with him; Gundlach said he only talked about leaving after learning he’d be forced out. Meanwhile, investors have pulled millions of dollars, and more will leave when Gundlach and his new team set up shop. If TCW bought its cross-town rival to establish a dominant presence in bond funds, it needed to keep its dominant name in the lineup. Instead, the company tried to convince shareholders that the deal was a good thing, when they had just lost their star manager.

American Century

In January, American Century changed managers on its international bond fund , replacing a team from JP Morgan Asset Management with John Lovito and Federico Zamora, experienced managers who had worked for Lehman Brothers.

While praising the new guys, American Century never said a word as to why it made the change; seeing as the previous management team had delivered performance in the top 25% of its peer group for the three- and five-year periods ending in 2008, shareholders deserved an explanation. This year, the fund is below average in its peer group.

Vanguard Group

Vanguard filed the paperwork on a host of new exchange-traded funds in mid-November. Unfortunately, the prospectus for Vanguard Short-Term Corporate Bond actually got the fund’s ticker symbol wrong. No one caught it in registration, and the fund had to file a prospectus sticker at the start of December to correct its mix-up. When management and fund lawyers can’t even get the ticker symbol right, you have to wonder what else they can screw up.

PowerShares

When an exchange-traded fund is registered, it is established with a fixed number of shares to issue; as the fund approaches that limit, it submits a form to regulators and typically gets quick approval to issue more shares. This is Fund Operations 101.

Yet as PowerShares DB US Dollar Bullish Fund’s assets rose from $350 million at the end of August to $500 million a month later and to $730 million by Halloween, PowerShares sat still immediate payday loans online.

The firm only filed its paperwork to issue more shares the first week in November, by which time the flow was too great; the fund hit $880 million in assets — exhausting its allowed 40 million shares — and had a stretch where it was unable to function normally and issue more.

AMIDEX Cancer Innovation & Healthcare Fund

This tiny fund is a specialized play on the health-care sector, but its approach has proven hazardous to investor wealth.

For starters, there’s the 5% expense ratio (no, that’s not a misprint). Then, nearly half of the fund’s assets haven’t gone to cancer-related biotech stocks, but rather into a Fidelity money-market fund. Since money fund yields are less than 0.5% — and the fund’s expenses outweigh that by a factor of 10 — it means that management is letting shareholders take a loss on about half of the money they invest with the fund. That’s bad medicine.

Sprott Asset Management

Mutual funds in Canada have some of the highest costs in the civilized world, with “managed expense ratios” typically running in the neighborhood of 2.5%. Of that amount, 1% is typically a “trailer fee” paid to advisers for ongoing service, or simply to keep clients invested. It’s akin to a 12b-1 fee in America, only higher and often unavoidable; even do-it-yourself investors find they can’t buy share classes that waive the fee and can’t get the money back even though they deserve the cash themselves for acting as their own adviser.

In September, to combat this issue, Questrade announced a “Mutual Fund Maximizer” service that rebates trailer fees to do-it-yourselfers. Sprott Asset Management responded to this move by refusing to rebate the fees to Questrade and wouldn’t allow Questrade customers to buy, swap or transfer Sprott funds. The only remaining option for Questrade customers was to sell Sprott funds; let’s hope they did just that.

ProFunds

The hottest topic in the fund world in 2009 may have been leveraged and inverse ETFs, which are designed to deliver a multiple of an index return over a single day (the market moves 1%, the fund moves 2 or 3 points with it or against it, depending on the bet you place). These funds are built to be traded; hold them beyond a day and technical factors guarantee big tracking errors, so that your results will vary widely from what market returns would lead you to expect.

Regulators have warned average investors to leave these funds to the traders and pros. Most fund firms — even those in the leveraged ETF biz — agree; ProFunds has said as much itself. But in September, Joanne Hill, head of investment strategy for ProFunds, gave a Webinar called “Setting the Record Straight: Achieving Success Beyond a Day With Leveraged and Inverse Funds.”

Suffice it to say, the research in that presentation, now widely disseminated, pooh-poohed the concerns and gave every ordinary investor a reason to try financial crack. A few days of success can be addicting, but this story will end badly for investors who don’t know precisely how to use these complex funds.

“emphasis”> Coming next week: Legal action and inaction, big-name blunders and the Lump of Coal for “Mutual Fund Mismanager of the Year.”

Chuck Jaffe: Naughty funds get lumps of coal

11
Dec

Futures inch higher ahead of jobs report

NEW YORK (Reuters) – U.S. stock index futures were slightly higher on Friday ahead of the key monthly jobs report for November.

The U.S. government's closely watched monthly report on non-farm payrolls is expected at 8:30 a.m. EST. Analysts polled by Reuters projected that U.S. payrolls likely shrank by 130,000 in November, compared with a decline of 190,000 in October.

"If it came in as a major, major bad number that would almost be a good thing because it would be a cold slap in the face to the policy leaders that maybe we aren't doing the right thing here," said Joe Gordon, managing partner at Gordon Asset Management in Durham, North Carolina.

"If it comes in a little better or a little worse, it's a non-event, it's the same old tune, less worse than it has been."

Bank of America Corp (BAC.N) sold more than $19 billion in equity on Thursday amid strong investor interest as it raced to shed government regulatory curbs that have stymied its chief executive search. Shares fell 2.7 percent to $15.34 in premarket trade.

S&P 500 futures rose 2 points and were slightly above fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures gained 25 points, while Nasdaq 100 futures added 1.75 points.

U.S. monthly factory orders are also expected Friday.

Cisco Systems Inc (CSCO.O) said it has control over 90 percent of Norwegian target Tandberg (TAA online pay day loans.OL), allowing it to squeeze out remaining shareholders, and create the world's leader in videoconferencing equipment.

U.S. video game publisher Take-Two Interactive Software Inc (TTWO.O) warned it would post a loss this year, blaming release delays, high development costs and low baseball game sales.

Take-Two shares dropped 22.7 percent to $8.44 premarket.

Big Lots Inc (BIG.N) jumped 8.3 percent to $25.50 premarket after the closeouts retailer posted better-than-expected quarterly profit and boosted its outlook for the holiday period.

Investors may eye technology shares after Taiwan Semiconductor Manufacturing Co Ltd (2330.TW)(TSM.N), the world's biggest contract chipmaker, said it will allocate much more money to capital spending next year, when it expects a faster 9 percent growth in global chip sales.

World stocks slipped, as European shares fell in early trade, with banks among the biggest losers. Japan's Nikkei stock average (.N225) ended up 0.4 percent, and closed above 10,000 for the first time in five weeks.

U.S. stocks fell Thursday after the U.S. services sector shrank unexpectedly in November and investors worried that the non-farm payrolls report may show the recovery is sluggish.

(Reporting by Chuck Mikolajczak; editing by Jeffrey Benkoe)

Futures inch higher ahead of jobs report