BrokerDealer Crime Beat-Brokerage Execs Plead Guilty in Bond Bribery Deal

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white-collar-crime

Brokerdealer.com blog update profiles brokerdealer firm, Direct Access Partners, pleading guilty after a scheme to bribe an offical at a Venezuelan development bank for more business. This update is courtesy of Traders Magazine article, “Former Direct Access Partners Execs Sentenced in Bribery Scheme“, with an excerpt below.

Two former top executives with institutional brokerage Direct Access Partners, a firm that shut down in December of 2013 after its clearing firm, Goldman Sachs, stopped clearing its trades, have opted to plead guilty for indiscretions regarding its bond trading business.

DAP’s former chief executive, Benito Chinea, and former managing director, Joseph Demeneses, each pleaded guilty one count of conspiracy to violate the FCPA and the Travel Act in connection with a scheme to bribe an official at a Venezuelan development bank, Banco de Desarollo Economico y Social de Venezuela (BANDES), in exchange for the official’s directing BANDES’ trading business to DAP.

Chinea, of Manalapan, New Jersey, and Joseph DeMeneses, of Fairfield, Connecticut, were each sentenced to four years in prison. They were also ordered to pay $3,636,432 and $2,670,612 in forfeiture, respectively, which amounts represent their earnings from the bribery scheme.

“These Wall Street executives orchestrated a massive bribery scheme with a corrupt official in Venezuela to illegally secure tens of millions of dollars in business for their firm,” Assistant Attorney General Caldwell said in a media statement. “The convictions and prison sentences of the CEO and Managing Director of a sophisticated Wall Street broker-dealer demonstrate that the Department of Justice will hold individuals accountable for violations of the FCPA and will pursue executives no matter where they are on the corporate ladder.”

Three other DAP employees and the BANDES official pleaded guilty last year for their participation in the bond trading matter.

DAP itself filed for bankruptcy.

New York-based Direct Access Partners started out in 2002 as a New York Stock Exchange floor brokerage and grew rapidly over the years in both equities and fixed income. Sources tell Traders the firm has 130 employees.

To read the entire article from Traders Magazine, click here.

BrokerDealers Beware: Don’t Blab, Not Even on SnapChat

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rorycullinan

Lots has been said about bankers and broker-dealers blabbering via social media. The topic has helped to create plenty of compliance department angst across the brokerdealer universe. Now, thanks to the latest DealBreaker snapshot, one that also provides free advertising for social media app SnapChat, the folks here at BrokerDealer.com remind our industry audience: Think twice before you hit the ‘send’ or ‘publish’ button.

The chairman of Royal Bank of Scotland’s investment bank is leaving just weeks after messages he sent to his daughter were revealed, showing he was “bored” at work. Rory Cullinan, the RBS capo used photo-sharing app Snapchat to send images featuring captions that read: “Not a fan of board meetings xx”, “Boring meeting xx” and “Another friggin meeting”. The pictures then ended up being posted on Instagram around Father’s Day last year by the investment banker’s daughter, but only revealed in a national newspaper early this month. Mr Cullinan’s daughter had uploaded the photos with the message: “Happy Father’s Day to the indisputable king of Snapchat.” Mr Cullinan drew heavy criticism for not taking his role seriously.

For the full story, please visit DealBreaker.com

Are You A Fiduciary? SEC’s Attempts to Create More Distinction

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Brokerdealer.com blog update profiles the financial industry is bubbling thanks to SEC effort to redefine terminology and specifically, who it applies. In this case, the confusion comes in with who is a fiduciary and who isn’t.  This blog update is courtesy of The Philadelphia Inquirer columnist, Erin Arvedlund. The excerpt below comes from both Arvedlund’s blog and her Monday column, “Monday Money Tip: Beware financial advisers who are not fiduciaries“.

arvedlund-150x150Before you sign on with a money manager, ask: Are you a fiduciary? If yes, great. If not, go in with your eyes open.

Fiduciaries, by law, have to do the right thing by their clients. No one on Wall Street wants, by law, to have to do the right thing.

Some street professionals are fiduciaries; registered investment advisers generally are, brokers are not.

And the distinction grows every day.

Anyone whose job is to raise sales cannot meet the fiduciary standard, notes Knut Rostad, president of the Institute for the Fiduciary Standard.

“Brokers may provide useful product recommendations, but they cannot meet the fiduciary standard,” Rostad says.

“They can no more provide objective advice about investments than can the Ford car salesman objectively advise on cars. They may be terrific people but, by virtue of what they do, they will most assuredly provide terrible advice.”

The issue is confusing, and Wall Street wants to keep it that way.

Read the entire article from the The Philadelphia Inquirer, here, and for more financial commentary, click here for Erin Arvedlund’s blog.  

FINRA Gets “A” For Funniest Branding and Double-Speak, Says Industry Watcher

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FINRA

When it comes to its own “brand positioning” and the doublespeak corporate messaging used within the collateral of securities industry self-regulator FINRA, the powers that be might be better off spending more time policing itself as opposed to the millions of dollars it spends on policing its brokerdealer constituents, particularly when it comes to beating up BDs whose advertising messages are alleged to be “inaccurate and/or misleading,” according to Forbes writer Ed Siedle.

BrokerDealer.com blog update is courtesy of Siedle’s recent piece “Finra Keeps America Laughing” with extract below from Siedle’s “Financial Watchdog” blog.

A Financial Industry Regulatory Authority (FINRA) employment advertisement from the Wall Street Journal I read in 2013 was such a hoot that I had to clip it, save it and promise myself I’d write about it someday. The newspaper ad scrap, now yellow, still is a knee-slapping, rib-tickler.

Here’s the hysterical double-speak FINRA used to describe itself in the recruitment piece (with emphasis added on only the most absurd).

“FINRA is an independent, non-government regulator for all securities firms doing business with the public in the United States. FINRA works to protect investors and maintain market integrity in a public-private partnership with the Securities and Exchange Commission, while also benefitting from the SEC’s oversight. In its role as investor guardian, FINRA is informed, but not influenced, by the industry that it regulates.”

Mama Mia!

For the entire article from Ed Siedle, click here.

Restructuring Advisement Firm, Houlihan Lokey, Sets Sites On $200m IPO

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Houlihan Lokey

Brokerdealer.com blog update profiles the restructuing firm, Houlihan Lokey Inc., who is usually helping other companies have succuessful mergers and acquistions, is planning its own step to more success by preparing to launch an intial public offering that could raise at least $200 million.  This Brokerdealer.com blog update is courtesy of the Wall Street Journal article, “Houlihan Lokey Lays Groundwork for IPO“, an excerpt from the article is below.

Houlihan Lokey Inc., known for advising companies on midsize mergers and acquisitions and big bankruptcies, is gearing up for a deal of its own.

The firm is planning for an initial public offering of stock this year, according to people familiar with the matter, which would make it the latest independent investment bank to cash in on increasing client and investor demand. A Houlihan IPO could raise more than $200 million, the people said. Based on valuations of similar firms, Houlihan could be worth more than $1.5 billion.

The firm, founded in 1972, has been investigating a possible IPO since last year, and recently decided to move forward with one, the people said. Houlihan is discussing the plan with banks interested in arranging the deal, including Goldman Sachs Group Inc. and Bank of America Corp., though any share sale isn’t expected until the second half of the year, the people added.

To read the entire article on the Wall Street Journal’s website, click here.