Frmr Brokerage Industry Czar Goes Indie With Direct Approach to Film Finance-Veterans Get a Dividend

Brokerdealer turned Film Maker, Joe Ricketts

Brokerdealer turned Film Maker, Joe Ricketts

Brokerdealer.com blog update courtesy of 18 January New York Times article.

The former founder and Chairman of online brokerdealer Ameritrade Securities, Joe Ricketts, which since morphed through acquisition and is now known as TD Ameritrade, has a plan that only a creative finance industry czar could put together…and when it comes to creative financing, he’s found his calling in the film finance space.  As part of the marketing strategy, Joe Ricketts’ film, “Against the Sun”, a movie about World War II, will donate a matching amount from sales to veterans’ organizations.

Take a quiz about your open-sea survival skills on Buzzfeed. Score maybe 7 of 10, marking you as the type who might make it through a midocean disaster. And up pops an offer of, say, 30 percent off the standard $15 price to buy “Against the Sun,” a new feature film about real Navy fliers who spent 34 days adrift on the Pacific duringWorld War II.

Brutally direct digital sales techniques are standard stuff for e-commerce marketers offering credit cards, resort vacations, shoes or even books that match your presumed tastes or mood of the moment. But movie marketers have been slower to adopt contemporary online equivalents to the classic foot-in-the-door hard sell. Too slow, by the thinking of Joe Ricketts and his colleagues at his American Film Company.

Mr. Ricketts is an entrepreneur who learned a few things about salesmanship while building the TD Ameritrade online discount brokerage firm, of which he was chief executive. Now he has pointed the indie movie studio he founded toward an experiment in the use of low-cost digital marketing techniques to sell “Against the Sun.” The film is directed by Brian Falk, and it includes Tom Felton — Draco Malfoy in the “Harry Potter” series — among its stars.

Made for a little less than $5 million, “Against the Sun” will be shown in a small number of theaters and on a wide range of cable, satellite and digital on-demand services like iTunes, starting Jan. 23. And its relatively modest marketing budget, set initially at $2 million, will be overseen by DigitasLBi, a company that has run digital campaigns for companies like American Express but has virtually no film experience.

Joe Ricketts' new film will donated to veterans' organizations

Joe Ricketts’ new film will donated to veterans’ organizations

Mr. Ricketts wanted “a digital firm, ideally one that had never marketed a movie before,” said Alfred Levitt, chief operating officer of American Film.

Speaking jointly with George Hammer, a Digitas senior vice president who is coordinating the marketing effort for “Against the Sun,” Mr. Levitt described the sales campaign. It is intended to enhance the impact of dollars spent by focusing on transaction-ready buyers with an appetite for World War II dramas like “Unbroken,” “Fury” and “The Imitation Game.” Conventional studios recently spent tens of millions of marketing dollars on those films.

American Film struck a deal with Participant Media. Its Takepart.com website, which prods film viewers to social action, will offer “Against the Sun” with both a discount and a matching donation to a veterans’ organization, hoping to turn the socially committed into immediate buyers.

Advised of the donation plan, Lou Baczewski glanced at the online trailer and said he was ready to sign on.

A tightly networked history buff, Mr. Baczewski has written a book — “Louch: A Simple Man’s True Story of War, Survival, Life and Legacy” — about his grandfather’s experiences as a World War II tank driver, and he says he is planning to retrace a European invasion route by bike, to raise money for the Honor Flight Network and others.

Mr. Baczewski said he would happily spend money on the film if part of the profits were donated to veterans. “What better way to depict the struggles and battles of human endurance than by telling a true story?” he said.

For the entire article, click here.

 

 

Oppenheimer’s Penny Stocks Results in $20M Fine 

PennyStocks

Oppenheimer fined for failure to report suspicious penny stocks

Brokerdealer.com blog update is courtesy of Mason Braswell from InvestmentNews

Brokerdealer firm, Oppenheimer & Co. Inc., has reach a deal with the SEC and FinCEN resulting in the firm paying $20 million, pleading guilty, and hiring an independent consultant over improper penny stock trades. The SEC and FinCEN said,  firm failed to prevent suspicious penny stock trading and pump-and-dump schemes.

The firm, which runs a retail brokerage operation with around 1,400 financial advisers, failed to properly detect and report suspicious trades in penny stocks, which are thinly traded securities that can be vulnerable to manipulation by stock promoters, according to FinCEN. The regulator identified at least 16 customers in five states who engaged in “patterns of suspicious activity.”

“Broker–dealers face the same money laundering risks as other types of financial institutions,” said FinCEN Director Jennifer Shasky Calvery, in a release. “And by failing to comply with their regulatory responsibilities, our financial system became vulnerable to criminal abuse. This is the second time FinCEN has penalized Oppenheimer for similar violations. It is clear that their compliance culture must change.”

In a parallel action, the SEC pointed to two instances between 2008 and 2010 in which the firm engaged in unregistered sales of penny stocks.

In one case, a financial adviser and his branch manager willfully engaged in unregistered sales of 2.5 billion shares of penny stocks on behalf of a customer, despite the fact that the shares were not exempt from registration, according to the SEC settlement. The trades generated $12 million in proceeds, of which Oppenheimer was paid $588,400 in commissions.

The settlement did not name the broker or branch manager, but said that its investigations into the matter were ongoing.

The other charge revolves around Oppenheimer’s role in possibly assisting allegedly illegal activity by a Bahamas-based brokerage firm, Gibralter Global Securities.

The firm disclosed in quarterly filings earlier this year.

that it was setting aside $12 million to deal with the possible fallout from regulatory investigations, mostly dealing with penny stock issues.

The head of the firm’s retail brokerage, Robert Okin, resigned in December, reportedly to pursue other interests. His Finra BrokerCheck record discloses he is facing an SEC investigation.

A spokesman for Oppenheimer, Stefan Prelog said in an email that the firm was “pleased to put these matters, which involve activity that occurred years ago, behind it.”

The firm has also agreed to hire an independent consultant as part of the settlement.

 

BrokerDealers Battle Their Own Regulator: Sifma v. Finra Over Privacy

iStock_000010356316XSmallBrokerdealer.com blog update courtesy of The New York Times’ Susan Antilla.

Finra has proposed a new plan that requires brokerdealers to share extensive information about their clients’ accounts and brokerdealers are not happy about it.

The proposal by the Financial Industry Regulatory Authority, or Finra, is “a troubling and serious threat to investors’ civil liberties and constitutional rights,” Carrie L. Chelko, chief counsel of the Philadelphia financial firm Lincoln Financial Network, wrote in one of hundreds of letters to the agency criticizing the plan.

Finra argues that regular, monthly reports from brokers detailing purchases, sales, margin calls and risk profiles will give it a chance to stop abusive practices before further harm is done.

Finra is considering the feedback on its plan, called the Comprehensive Automated Risk Data System, or Cards, and making changes in advance of seeking approval from its board of governors and forwarding a proposal to the Securities and Exchange Commission, Finra’s chief executive, Richard G. Ketchum, said in a telephone interview.

Finra has often been dismissed as an apologist for the Wall Street firms that finance it, but it has made some efforts since the financial crisis to play a tougher role. It fought the discount brokerage firm Charles Schwab & Company in 2012 after the firm tried to force customers to waive their rights to bring class-action lawsuits, winning its case last April. It also strengthened its standards for brokers who are making investment recommendations, advising them that a product must be consistent with a customer’s best interest. Several powerful investor advocacy groups, includingAARP and the Consumer Federation of America, have applauded Finra’s plan, noting that it would allow agency regulators to match the 21st-century data capabilities of the Wall Street firms it regulates. But the brokerage firms that pay Finra to be their regulator say that keeping so much investor information in one place is an example of regulatory overreach and an invasion of customers’ privacy.

“Not a week goes by without some data breach being reported in the press,” Ira D. Hammerman, general counsel of the Securities Industry and Financial Markets Association, a Wall Street lobbying group known as Sifma, said in an email response to questions about Finra’s plan. “And if Cards is built, the question is when, not if, there will be a data breach.”

In December, the American Civil Liberties Union wrote to Finra to express its “very serious security and privacy concerns” about Cards.

Mr. Hammerman and other critics have said that Finra’s plan would invade investors’ privacy, put personal information at risk, take supervisory authority away from brokerage firms and put small brokers out of business. After Sony disclosed in December that its systems had been hacked, Mr. Hammerman even took the opportunity during a media interview to liken Sony’s predicament to the risks that Cards would pose.

Barbara Roper, director of investor protection at the Consumer Federation of America, said Wall Street was “using every tool in their toolbox.” She added, “Their reaction is so over the top that the only thing I can see is that they just don’t want their regulator to be able to keep an eye on them.”

Given Finra’s reputation among some critics, Ms. Roper said, the aggressive Cards proposal has taken some Wall Streeters by surprise. “The industry sees this as evidence of Finra becoming less of a lap dog,” she said.

Mr. Ketchum said that the proposal would make it possible for Finra to spot patterns that suggest bad behavior by a brokerage firm, a branch office or an individual broker.

Dishonest brokers do not usually take advantage of only one client, Mr. Ketchum said. Instead, “they fall in love with a product or they fall in love with a strategy and they put tons of people in it.” Thus, a comprehensive database that displays all of the activity at a firm or branch can help Finra zero in on abuse, he said.

Ms. Roper said the program would let Finra jump on problems more quickly. “It creates a real deterrent,” she said. “Who’s going to churn an account if it immediately sends off a warning siren at Finra?”

In objecting to Cards, the securities industry has been most vocal about the potential for a vast repository of investor information to be hacked. After perusing the data security objections raised in a first round of comment letters in early 2014, Finra revised its proposal and said that customers’ names, addresses and tax identification numbers would not be included.

To continue reading this article from the New York Times, click here.

China Gets Ready to Offer Menu of ETFs Via Hong Kong-Shanghai Connect

BrokerDealer.com blog update courtesy of extract from Traders Magazine via Bloomberg LP

china(Bloomberg) — China is considering allowing international investors to buy bonds and exchange-traded funds (ETFs) through the link between the Hong Kong and Shanghai bourses.

“We can offer more diversified products,” Huang Hongyuan, president of the Shanghai Stock Exchange, said through a translator at a presentation in Hong Kong on Jan. 20. “Perhaps we can move to ETFs or bonds; we can perfect further transaction arrangements.”

Since its launch last November, the link — dubbed Stock Connect — has only enabled investors to trade stocks listed on the major indexes in the two cities, with transactions capped at 23.5 billion yuan ($3.8 billion) a day. Including fixed income would give Hong Kong-based fund managers greater access to China’s 1.32 trillion yuan of exchange-traded bonds.

The proposal “is a progressive step for China to open up the capital markets,” Roy Teo, a Singapore-based strategist at ABN Amro NV, said in an interview in Hong Kong on Wednesday. “When the market opens up the difference between borrowing costs in Hong Kong and China would reduce.”

Government notes due June 2023 yield 3.49 percent in Hong Kong’s Dim Sum bond market, while similar-maturity securities in Shanghai pay 3.80 percent, according to data compiled by Bloomberg.

Valuation Gap

The valuation gap between dual-listed stocks in Shanghai and Hong Kong has widened since the Stock Connect opened on Nov. 17. The premium on mainland shares to those in Hong Kong was about 2 percent when the link began and ended last week at a three-year high of 33 percent, according to the Hang Seng China AH Premium Index.

China is loosening control of its currency and financial markets in an effort to attract foreign investment and increase global use of the yuan. The People’s Bank of China said Tuesday it will move forward with yuan capital-account convertibility and encourage greater cross-border use of the currency. The world’s second-largest economy needs its companies to diversify their sources of funding to mitigate borrowing risks.

To search for local broker-dealers across Asia, Brokerdealer.com provides a comprehensive database of regional brokers in China and surrounding countries.

For the entire story, please click here

Fidelity Fined For Overcharging Fees for 7 Years

fidelityBrokerdealer.com blog update courtesy of InvestmentNews’, Mason Broswell.

One of the largest mutual funds groups, Fidelity Investments has been ordered to pay a fine after inappropriately charging fee-based accounts that received brokerdealer services for over 7 years.

The Financial Industry Regulatory Authority Inc. has ordered Fidelity Investments to pay a $350,000 fine after the firm allegedly overcharged more than 20,000 clients a total of $2.4 million.

From January 2006 to September 2013, Fidelity inappropriately charged for certain transactions in fee-based accounts in its Institutional Wealth Services group, which provides trading and brokerage services to investment advisers and their clients, Finra said in a letter of settlement.

Finra said the overcharges resulted from a lapse in supervision over how Fidelity applied fees under its asset-based pricing model, which generally charged on assets rather than by transaction.

“The firm did not clearly delegate responsibility for the supervision of fee-based brokerage accounts,” Finra said in the letter of settlement. “In fact, until 2013, the firm did not designate a supervisory principal to oversee its [institutional wealth services] asset-based pricing program.”

As a result, certain clients may have been double-billed or charged excess commissions in addition to the asset-based management fee, according to Finra’s letter. For instance, in over 1,000 fixed income transactions initiated by advisers, clients were erroneously charged a markup on the transaction in addition to the asset-based fee, Finra said.

Fidelity discovered the problems in the spring of 2012, self-reported the issue to Finra and voluntarily reimbursed all clients, according to Adam Banker, a spokesman for Fidelity. The issues affected roughly 1.5% of the brokerage accounts held for investment advisers and the majority required reimbursement of less than $100, according to Mr. Banker.

“[Institutional Wealth Services] conducted a thorough internal review of this matter, which resulted in the implementation of enhanced controls and oversight for its asset-based pricing program,” said Mr. Banker in an emailed statement. “IWS completed these steps prior to the conclusion of Finra’s review of this matter.”

The firm agreed to the settlement letter without admitting or denying the findings.

Fidelity’s Institutional group is the third-largest custodian when ranked by number of registered investment adviser clients and serves around 3,000 RIAs, according to InvestmentNews’ RIA Custody Database.

Fidelity’s direct-to-consumer, workplace savings accounts and correspondent broker-dealer clearing business, which operates as National Financial, were not affected, Mr. Banker said.