Archive for December, 2011

The U.S. Securities and Exchange Commission filed an emergency request to put its securities fraud lawsuit against Citigroup Inc. on hold so it can quickly appeal a judge’s decision to reject its proposed settlement with the bank.

In a court filing, the SEC said the urgency came after U.S. District Judge Jed Rakoff in a teleconference this month directed Citigroup to address its charges by Jan.  nearly one month sooner than federal rules require.

Mr. Rakoff on Nov. 28 had harshly rejected the proposed $285 million settlement, saying the SEC’s failure to require the New York-based bank to admit or deny its charges left him no way to know whether the settlement was adequate.

But the SEC said the ruling was “legal error,” at odds with decades of court decisions allowing such settlements and letting investors get faster recoveries, and could affect its ability to reach similar accords with other companies.

In its Tuesday [Dec. 27] filing with the 2nd U.S. Circuit Court of Appeals in New York, the SEC it faced potential irreparable harm if Citigroup were forced by Jan. 3 to “answer” its complaint, 27 days sooner than federal rules require. An answer can force Citigroup to deny some or all of the SEC allegations, or seek to dismiss the case entirely.

But doing so would force the SEC to devote substantial resources to the case and “disrupt a central negotiated provision of the consent judgment pursuant to which Citigroup agreed not to deny the allegations,” the regulator said.

“The parties will not be able to return to their initial bargaining positions should this court ultimately reverse the district court,” the SEC added.

The SEC said Citigroup has agreed to its request to put the case on hold and allow an expedited appeal.

Announced on Oct. 19, the settlement was intended to resolve charges that Citigroup sold $1 billion of risky mortgage-linked securities in 2007, without telling investors that it was betting against the debt. Investors lost more than $700 million, the SEC has estimated.

The $285 million payment was to include $160 million of disgorged profit and fees, $30 million of interest and a $95 million civil fine. Mr. Rakoff called the penalty “pocket change” for Citigroup, the third-largest U.S. bank.

But the SEC has said the law limits the sums it can recover. It has asked Congress for authority to seek larger penalties in corporate cases.

Mr. Rakoff has set a July 16, 2012, trial date. One Citigroup employee, director Brian Stoker, was also charged by the SEC, and has been contesting those charges.

The case is SEC v Citigroup Global Markets Inc., case No. 11-05227, in 2nd U.S. Circuit Court of Appeals.

Source: Reuters

Advent Software, Inc. , a leading provider of software and services for the global investment management industry, today announced that it has been named European Back Office Provider of the Year in the Funds Europe Awards 2011. The annual award recognizes Advent’s track record of innovation in delivering an industry-leading hedge fund solution(1) in Europe.

Advent has gained momentum in the European hedge fund market. Advent’s hedge fund and alternative investment manager solution Geneva(R) offers unparalleled fund and shareholder accounting coupled with flexible data access to provide transparency for both manager and investor to prove fund valuation and inform investment decision making. These innovative features, built on Advent’s industry leading portfolio accounting platform, make the solution attractive to European hedge funds who are looking to grow, enhance client service and comply with regulatory standards.

In March 2011, Advent acquired London-based Syncova, integrating margin optimization into Advent’s solutions and growing the UK team. Demonstrating Advent’s ongoing commitment to better serve the region, the company has also certified ten new consultants on Advent’s hedge fund solution, bringing the number of staff members and consultants working for Advent’s hedge fund team in EMEA to more than 35.

“Advent is honored to be recognized as a global leader in providing hedge fund solutions. We have invested efforts toward deepening our understanding of the European hedge fund space, and this prestigious award reflects our company’s strong momentum and commitment to the region,” said Hakan Valberg, senior vice president and general manager, Advent Software EMEA. “Growing our team and skills, as well as rolling out innovative enhancements specific to this market, have been critical to our success and valuable services for our clients.”

Advent’s investments in the hedge fund space have been recognized by new clients and by the industry at large. Advent won 2011 Hedge Fund Journal, HFM Week and Waters Technology awards, and Advent’s CEO Stephanie DiMarco was named one of the 50 Leading Women in Hedge Funds.

About Geneva(R) Geneva(R), a global portfolio management, reporting and investor accounting platform, is a proven solution for asset managers, hedge funds, fund administrators, prime brokers, and fund of funds that require a high level of operational efficiency and access to real-time P&L, performance, and exposure reporting. Geneva(R) offers comprehensive instrument coverage, a fully integrated financial general ledger, and industry-standard integration tools to enable firms to manage complex investment vehicles, multiple investment strategies, and unlimited fund structures.

About Advent Advent Software, Inc., a global firm, has provided trusted solutions to the world’s financial professionals since 1983. Firms in more than 60 countries count on Advent technology to run their mission-critical operations. Advent’s quality software, data, services and tools enable financial professionals to improve service and communication to their clients, allowing them to grow their business while controlling operational risks and costs.

Advent, the Advent logo, Advent Software and Geneva are registered trademarks of Advent Software, Inc. All other company names or marks mentioned herein are those of their respective owners.

SOURCE: Advent Software, Inc.

Michael Platt, founder of the $30 billion hedge fund BlueCrest Capital Management LLP, said most of the banks in Europe are insolvent and the situation will worsen in 2012 as the region’s debt crisis accelerates.

Kyle Bass, the Dallas-based hedge-fund manager who said in 2009 there would be sovereign defaults within three years, said Greek, Portuguese and Spanish depositors will withdraw money from banks in the coming months.

“I do not take any exposure to banks at all if I can avoid it,” Platt, 43, said today in an interview on Bloomberg Television’s “Inside Track With Erik Schatzker.” If European lenders had to mark their books to markets every day in the same way hedge funds do, most would be proven “insolvent,” he said.

The European Banking Authority demanded this month that the region’s banks raise 114.7 billion euros ($149 billion) in fresh capital to withstand writedowns on Greek bonds and other sovereign debt. Attracting additional funds may be challenging as lenders are suffering from depressed share prices and lack of confidence from investors.

Platt said he’s disappointed in the measures that came out of last week’s meeting of European leaders, saying they were too focused on budget cuts. Austerity will ultimately lead to slower growth in Europe, making the region’s debt woes even worse, he said. A solution will come when the European Central Bank pumps significant amounts of money into economies, something it lacks a mandate to do, Platt said.

Completely Unstable

The situation in Europe is “completely unstable” because economies are shrinking at the same time as governments are paying higher yields to service debt, Platt said. The region is heading into a recession that “can turn all the countries of Europe, given enough time, into Greece,” he said.

European Central Bank President Mario Draghi said today that the euro area may not be able to escape a recession triggered by governments’ austerity measures. BlackRock Inc., the world’s biggest asset manager, said European nations including France and Germany are headed for a recession as the crisis prompts companies to cut spending and stop hiring.

“We now believe that we’re in for a full-fledged recession, including one in France and Germany, that could cut GDP by 1 percent to 2 percent,” according to a note published today by New York-based BlackRock’s investment institute. “Short-term austerity measures could worsen the recession, defeating their very purpose of closing budget gaps.”

‘Failed Attempt’

The Dec. 9 European Union summit was the 15th in 23 months as leaders attempt to contain a surge in bond yields that threatens the survival of the common currency. Leaders agreed on a blueprint for a closer fiscal union, added 200 billion euros to their war chest and sped the start of a 500 billion-euro rescue fund to next year.

“As European leaders press forward with failed attempt after failed attempt to suppress borrowing costs, control spending, reduce deficits and prop up what the markets have already told us is a broken monetary system, the data tells us that the citizens of the most troubled and profligate nations are losing confidence in the euro dream,” Bass, who runs Hayman Capital Management LP, said yesterday in an investor letter, a copy of which was obtained by Bloomberg News.

Bass, who made $500 million with bets on a U.S. subprime- mortgage market collapse, said trust and confidence in the European economy has been lost and sovereign defaults are “imminent.” He declined to comment beyond the letter when contacted by Bloomberg News today.

‘Destabilizing Latvia’

Latvians pulled about $54 million from local Swedbank AB automatic teller machines on Dec. 11 and 12 on speculation customers wouldn’t be able to access their funds.

“The rumors were knowingly distributed with the goal of destabilizing the situation in Latvia,” Prime Minister Valdis Dombrovskis said, according to the Leta newswire.

In Greece, business and household bank deposits have slumped 26 percent in the past two years to 176 billion euros, and fell in October by the most since the nation joined the euro, according to the Bank of Greece. There were 2.24 trillion euros of overnight deposits with euro-region financial institutions at the end of September, down from 2.26 trillion in July, according to data compiled by Bloomberg.

“Just as Latvians ran to the ATMs this weekend, so will depositors all over peripheral Europe in the months ahead,” Bass, whose hedge fund oversees $948 million, said in the letter. “Deposits are now declining at an accelerated pace. What’s surprising is that it hasn’t happened much sooner.”

Buying Treasuries

S&P placed the ratings of 15 euro nations on review for possible downgrade on Dec. 5, including the region’s six AAA rated countries. Moody’s said Dec. 12 it will review the ratings of all EU countries in the first quarter of 2012 because the summit didn’t produce “decisive policy measures.”

BlueCrest is pouring money into U.S. Treasuries and short- term German debt because of concerns about market volatility and counterparty risk, Platt said. BlueCrest Capital International, the fund he personally manages in Geneva, has risen about 5.6 percent this year through November.

Platt’s BlueCrest International fund hasn’t had a down year since he started the company in 2000 after leaving a proprietary trading desk at New York-based JPMorgan Chase & Co. The fund, which has produced an average annual return of about 13.8 percent, mainly bets on movements for currencies and interest rates. The firm’s BlueTrend Fund, which uses computers to try to spot profitable trades in futures contracts tied to currencies and commodities, is down about 2.7 percent this year.

BlueCrest has avoided buying assets put up for sale by banks that are trying to deleverage because of concerns about liquidity, Platt said. The financial meltdown of 2008 showed how quickly holdings can become hard to sell at the same time hedge fund investors are forcing sales by trying to pull their money out of the industry, he said.

“I would not touch them with a barge pole,” he said. “The major opportunities will come post-blowout.”

Source: Bloomberg