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Monday, July 8, 2013

| 07.08.13 | Bitcoin trust inspires a funny look at ETFs

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July 8, 2013
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Today's Top Stories

  1. Eminent domain to solve housing woes still alive
  2. Pimco vs. DoubleLine on TIPS
  3. Private equity funds find ways to jack fees
  4. Who deserves blame in MFGlobal mess?
  5. Dell battle turns on proxy advisor recommendation


Editor's Corner: Bitcoin trust inspires a funny look at ETFs

Also Noted: Spotlight On... Credit hedge funds struggle in new rate era
Michael Dell sits tight with offer and much more...

News From the Fierce Network:
1. Why banks are stepping up global IT hiring
2. Intellectual Ventures presses patent claims against banks
3. RBC wins with anti-HFT algo


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Editor's Corner

Bitcoin trust inspires a funny look at ETFs

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

For the Winklevoss twins, the rise of Mark Zuckerberg has been a blessing and curse. On the one hand, the twins blame him for stealing the idea that went on to become Facebook. On the other hand, they have rocketed to fame and fortune thanks to the success of their nemesis. The Social Network made them icons.

The dynamic duo would obviously like to be known as more than the Facebook CEO's real-life foil. And they have made a huge splash with their plans for Bitcoin ETF. The brothers claim to own about 10 percent of the world's supply of Bitcoins, the virtual currency, and their ETF to track the value of the currency has garnered lots of attention.

Breakingviews has some fun with the announcement, noting that there are now all manner of ETFs, including some that are quite arcane. Some offer exposure to Mongolia, fighting global warming, and so on.  

Playing on the Bitcoin ETF idea, the publication goes on to suggest an area that the ETF industry has yet to conquer: the market for extremely risk-averse investors. It thus proposes the Breakingviews Dollar Trust, which will invest in dollars. "Owning it will now be as easy as buying and selling a stock --- and only for a fraction of the typical management fee."

One a more serious note, one has to wonder if Wall Street will find any uses of the currency that would qualify as a real game-changer. One executive suggests that the virtual currency might be used as a replacement for current soft-dollar based system for paying commissions and accessing research. "Here's how it could work. The asset manager trades just as usual, instructing the broker to unbundle execution services from research and related services. Once the trade is done, a commission credit is generated and sent back to the asset manager as a Bitcoin. The broker can provide a wrapper around the BitCoin to track the use of the currency for only approved services.

"The asset managers are happy because they can freely aggregate all of their Bitcoins from the many brokers they use and apply them to research and services that they are allowed to buy. They don't have to worry that the broker goes out of business.

"The brokers are happy because they can track how the Bitcoins are being used and the administrative processing shifts to the buy side. The broker is still regulated, but the burden of processing checks and invoices disappears. Now we can let the best research win."

Can you think of any other applications? 

Read more about: ETFs, Bitcoin
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Today's Top News

1. Eminent domain to solve housing woes still alive

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

When the idea of using eminent domain to condemn, seize and restructure underwater mortgages first popped up, Wall Street mobilized pretty quickly. Certainly, MBS holders did not want to see portfolio mortgages restructured in ways that would inevitably stick them with additional loses. The effect of the protest was palpable, as the idea was struck down in a number of cities.

But as Unstructured Finance notes, the concept is alive and well, and Mortgage Resolution Partners, the company pushing the idea, is having some success in bellwether cities. Since the company lost a high-profile battle in San Bernardino, CA, it has inked advisory deals with half dozen towns and cities, including North Las Vegas. "And while none of those towns has yet agreed to go forward with the condemnation process, things are inching in that direction."

All eyes for the moment are on North Las Vegas, "a community of 219,020, located less than 10 miles from the glitz and glamour of the Vegas strip." It was "particularly hard hit by the financial crisis and the housing bust. In some neighborhoods in North Las Vegas, 70 percent of homeowners not in foreclosure were under water on their mortgages, according to RealtyTrac." The city has just inked an advisory deal with Mortgage Resolution Partners, though implementation of any plans is far in the future.

In the end, you can understand why cities would want to move ahead with aggressive programs to clear the backlog of wasting properties. But they well understand that they are ensuring a litigation explosion if they do. That will delay the housing revival that much longer. You can bet that Wall Street lobbying organizations will actively engage in all cities where this issue comes up.

For more:
- here's the article

Read more about: mortgages, Eminent Domain
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2. Pimco vs. DoubleLine on TIPS

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

What's the difference between a decent year and sorry year for bond funds?

It just might boil down to TIPS, which has emerged as a big problem for Pimco, which bought in eagerly, and a bright spot for DoubleLine, which has largely avoided TIPS. Jeffrey Gundlach, founder of  DoubleLine, recently told Bloomberg, "Unless inflation goes higher, then all you have with TIPS is interest rate risk, just like every other Treasury."

Pimco was unfortunately convinced that inflation expectations would soar, which led it invest heavily in TIPS. Those holdings then "amplified" the firm's losses this year. The big bond fund fell 4.7 percent in May and June, prompting $9.9 billion in withdrawals last month, the most on record, according to the article.

The losses highlight the difficulties that famed bond manager Bill Gross faces as he steers Pimco "through what's arguably the biggest market challenge for the $2 trillion bond-fund manager since its inception in 1971. A premature bet against Treasuries caused his flagship to trail peers in 2011, prompting Gross to apologize to clients. With about 10 percent of the TIPS market owned by Pimco," his success is tied to the securities.

Meanwhile, Gundlach, who called TIPS a "disaster" and a "trap" recently, "lost 2.6 percent in the two months through June and is down 0.3 percent so far this year in his main fund, beating 83 percent of peers. None of Gundlach's funds reported holding any TIPS as of March 31."

For more:
- here's the article

Read more about: PIMCO, bonds
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3. Private equity funds find ways to jack fees

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

While some fees are up for negotiation by private equity general partners and limited partners (transaction and monitoring fees, for example), the management fee has been relatively controversy-less. Until now.

Fortune reports that some private equity firms are beginning to "violate the spirit" of the management by outsourcing some tasks and then billing the fund.

The annual management fee is designed to "cover such overhead as salaries, office space and administrative functions. It's usually around 2% on uncalled capital, and begins to ratchet down as the fund ages," according to the magazine.

"We can quibble on whether 2% is an appropriate percentage -- particularly when certain fund sizes become stratospheric -- but it's a fairly simple arrangement that both sides can easily understand before signing on the dotted line." Unfortunately, however, some private equity firms are beginning to outsource certain activities and "apply the charges on top of the baseline management fee."

Most private equity partnership agreements "allow for additional fees to be charged if the fund is required to hire outside help, such as in the case of a serious legal issue. But I'm hearing more and more about how some general partners are hiring others for tasks that should reasonably be expected to fall under the management fee, in order to juice the bottom line. Including due diligence, which is the main thing that general partners are hired to do!"

This trend flies in the face of the notion that limited partners have gained power at the general partners expense. Perhaps the general partners are starting to take the upper hand again. The same might true of the bond market, where the deals do not seem quite as investor friendly as they were in the immediate aftermath of the financial crisis.

For more:
- here's the article

Read more about: Management Fee, fees
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4. Who deserves blame in MFGlobal mess?

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

So what really happened between Edith O'Brien and Jon Corzine? And who is to blame for the MFGlobal mess?

The answer, according to the CFTC, is that they both are culpable. The agency charged both with illegal acts that led to the downfall of MFGlobal. At the center of the controversy is the use of segregated funds to satisfy company obligations, which is a definite no-no, but appears to have been somewhat common at MFGlobal.

A Common Sense columnist at the New York Times reconstructs the events that led to the ill-fated transfer of segregated funds, suggesting that while Corzine never explicitly ordered O'Brien to take this illegal step, he nevertheless made clear what he wanted. She, a mid-level back-office employee, felt pressure to comply. After the deed was done, she told a colleague, "The only place I had the 175 million, O.K., was in seg." She added, "That's what we do all the time because we don't have enough capital." All the time? That's troubling.

So who deserves the blame? Corzine, for his "will no one rid me of this problem" approach to getting what he wanted? Or O'Brien, for her inability to stand up to a powerful boss and say she wasn't going to do it?

Perhaps the fault lies with the third party charged by the CFTC, the company itself. Its shocking lack of controls led to this unfortunate situation, in which just one low-level employee stood in the way of an illegal act. All three entities have been charged civilly.

For more:
- here's the article

Read more about: MFGlobal
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5. Dell battle turns on proxy advisor recommendation

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

There has been a lot of talk as of late about how the main proxy advisory services have lost their clout, a victim of conflicts of interests in at least one case. But when it comes to the Dell leveraged buyout drama, Institutional Shareholders Services (ISS), the most controversial of the proxy advisors, has moved center stage.

It is expected to weigh in soon on whether shareholders should support the $24.4 billion bid by founder Michael Dell and Silver Lake. Some think that the service will decline to fully support the bid, a notion that has already goosed some shareholders, leading to a sell-off last week. But no one knows for sure what the service will advise, and that has every one on edge.

One intriguing theory here is that Michael Dell will actually benefit if the service weighs in against his bid.

"Mr. Dell and Silver Lake believe that Dell's stock will tumble if I.S.S. comes out in opposition to their deal, as investors fear that the transaction will fail and flee the stock. A significant portion of the shareholder base — by some counts, more than 15 percent — is held by arbitrageurs who are betting on the success of the leveraged buyout and are inclined to bail out if signs emerge that the takeover is on the rocks," according to DealBook.  

At that point, the betting seems to be that ISS may have little choice but to reverse its position and support the bid.

It seems a bit speculative, but for the moment, Michael Dell has decided to stand pat with his offer, despite the admonishment of the special company that he should boost it soon. This is going to be interesting.

For more:
- here's the article

Read more about: Leveraged Buyout, Dell
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Also Noted

SPOTLIGHT ON... Credit hedge funds struggle in new rate era

We've noted that credit hedge funds are facing a challenging transition, as a new era of higher rates dawns. So far this year, these funds have seen more than $80 billion in value wiped away, with no signs of a let up. "It's too soon to know how deep the carnage will go as many credit-focused hedge funds have not yet reported June performance numbers. But the early indications are that few with credit market exposure will be immune, especially as bond yields keep surging and bond prices keep falling," Reuters reports. Article

Company News: 
> Michael Dell sits tight with offer. Article
> Bank of America boosts yields forecast. Article
> Deutsche Bank: no plans to send fund to U.S. unit. Article
> Deutsche Bank to reduce assets. Article
> RBS on review by Moody's. Article
> Carlyle-backed REIT's IPO. Article
Industry News:
> Swiss banks to lose big on U.K. accord. Article
Regulatory News: 
> A transaction tax on futures coming in U.S. Article
And finally … Apple's TV plans. Article


Events


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> 2013 ABA National and Graduate Trust Schools - September 22-27 - Atlanta, GA

Develop a deep understanding of fiduciary planning options. The National Trust School provides a fundamental grounding in the trust business, and the executive educational Graduate Trust School allows attendees to deepen their mastery of fiduciary planning options and become an expert fiduciary advisor and client educator. See complete details.

> ABA Compliance Schools - October 19-25 - Atlanta, GA

ABA Compliance Schools offer comprehensive bank regulation training programs for compliance professionals at all levels of expertise. In this highly engaging educational environment, learn how to comply with federal banking laws, including overview of new lending requirements to be implemented in 2014 at the ABA National Compliance School. Experienced professionals will learn advanced skills to manage their bank’s compliance program at the Graduate School of Compliance Risk Management. Learn more.



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