SEC Goes After Financial News Hackers

The Securities and Exchange Commission announced that Ukrainian-based Jaspen Capital Partners Limited and CEO Andriy Supranonok have agreed to pay $30 million to settle allegations they profited from trading on non-public corporate information hacked from newswire services.

The SEC announced charges in August against 34 defendants who allegedly took part in a scheme in which two of the defendants surreptitiously hacked into newswire services and transmitted the stolen data to a web of international traders, including Jaspen and Supranonok. By getting an early look at the information before its public release, the traders allegedly generated more than $100 million of illegal profits over a five-year period. The case was filed in U.S. District Court for the District of New Jersey, which entered an asset freeze and other emergency relief against Jaspen and Supranonok, among others. Said Andrew J. Ceresney, Director of the SEC’s Enforcement Division.

Barely a month after we froze tens of millions of dollars in illegal profits from the defendants’ trading on illegal inside information obtained from hacked news releases, we obtained a settlement with foreign traders that deprives them of their wrongful gains. Today’s settlement demonstrates that even those beyond our borders who trade on stolen nonpublic information and use complex instruments in an attempt to avoid detection will ultimately be caught.

According to the SEC’s complaint, Jaspen and Supranonok made approximately $25 million buying and selling contracts-for-differences on the basis of hacked press releases stolen from two newswire services between 2010 and 2014 and made additional profits trading on press releases stolen from a third newswire service in 2015. CFDs are derivatives that allow traders to place highly leveraged bets on the direction of a stock’s price movement. Without admitting or denying the SEC’s allegations, Jaspen and Supranonok agreed to be enjoined from violating the antifraud provisions of U.S. securities laws and related SEC antifraud rules and to return $30 million of allegedly ill-gotten gains. The settlement offers are subject to approval by the court. Said Michael J. Osnato, Chief of the SEC Enforcement Division’s Complex Financial Instruments Unit:

This case should serve as a shot across the bow of any trader who thinks that CFDs traded outside the United States can be used to mask their unlawful conduct. The SEC’s use of sophisticated analytical tools to identify abusive CFD trading like this demonstrates our ability to police this opaque market.”

The SEC’s litigation continues against the remaining 32 defendants charged in the case.

Jerry-Cartoon-0813-UbuntuForums

Jerry-Cartoon-0813-UbuntuForums

EU’s Survivablity

Ronald Tiersky writes:  Remembering history is crucial to understanding the present. Its lessons can be ignored or badly played, but a knowledge of history helps steer us away from exaggerated, immediate conclusions anchored in the flow of the quotidian.

European integration provides a stellar example. The history of this process frames the deal just reached between Greece and its creditors. It helps us to understand.

The European Union’s pattern has always been to make significant advances by crisis. After the trouble ebbs, a period of stability follows as the new order is established, until stagnation or some outside event leads to a new crisis, with a new solution that works more or works less but sets up the cycle anew.

Europe should take some comfort in the fact that in politics, nothing is absolutely certain, and nothing is forever. The euro currency, the European monetary system — indeed, even European integration itself — could always end in catastrophe. Yet if history is good enough of a guide, this is anything but a foregone conclusion.

Another truism: In politics nothing is ever permanently won or lost. European integration has been written off many times before yet it has survived — perhaps with different structures than intended, and with solutions that are less than perfect, but it has come a long way. (And as Charles de Gaulle wrote, “the future lasts a long time.”)

The most historically informed criticism of EU Economic and Monetary Union, which was set up in the Maastricht Treaty of 1992, argues that the arrangement lacked the necessary precondition to be run effectively: that is, political union. Choices in macroeconomic policies are fundamentally political decisions. Absent the political concessions on national sovereignty necessary for decisionmaking, on the euro and on monetary policy in general, the euro currency would hit a mortal crisis and fail, and monetary union would collapse. EU Survivor

Immigration Monday EU

EU countries struggled  to agree on several measures aimed at addressing the migration crisis, and ministers failed to reach a unanimous agreement on a controversial European Commission proposal to relocate 120,000 refugees.

Slovakia and the Czech Republic opposed the plan to relocate the additional migrants, as proposed by the Commission, unless it is clear that it will be carried out on a voluntary basis, EU diplomats said. Diplomatic sources said a clash between France’s Bernard Cazeneuve and Slovakia’s Robert Kalinak made a final deal more difficult to reach.

The Commission has pushed for the relocation quotas to be mandatory for EU countries.

The meeting put a great emphasis on the quick set up of hotspots to quickly detect those in need of protection in Italy and Greece as a pre-condition of relocation, said Asselborn.

At the end of the meeting the final conclusions stated that the Council has “agreed in principle to relocate an additional 120,000 persons,” but the decision was not taken unanimously. The final document was issued by the Presidency and not by the whole Council.

The conclusion does not mention from which states the refugees will be relocated. In the Commission’s proposal, refugees were expected to be relocated from Italy, Greece and Hungary

In a press conference with Cazeneuve while the meeting was still going on, German interior minister Thomas de Maizière confirmed there had been no breakthrough deal on a mandatory quota system. On Friday European Council President Donald Tusk said he would call an emergency summit of EU leaders if this meeting failed to produce “a concrete sign of solidarity.”

A draft set of conclusions circulated before Monday’s meeting began retained the commitment to relocate the 120,000, but left out crucial details on how it would be carried out — and how the burden would be shared.

Commission President Jean-Claude Juncker last week made the proposal a centerpiece of his State of the Union address, saying Europe needed “immediate action” to address the crisis.

But by Monday afternoon the Commission was lowering its expectations. In a briefing before the ministers’ meeting, a spokeswoman said that for the Commission “mandatory is the best way forward” but that “if the result is achieved, that is the most important thing.”

The numbers being discussed by ministers are still only a fraction of the potential influx of refugees, which Germany’s Vice Chancellor Sigmar Gabriel estimated in a letter to members of his Social Democratic party (SPD) could be as high as one million people this year — in Germany alone.

Germany’s decision to reintroduce border controls along its frontier with Austria also complicated talks. The question of whether the relocation of refugees in Europe should be mandatory or voluntary has been one of the main problems for many nations, especially Eastern European and Baltic countries.

EU officials say Hungary’s reluctance to be considered a front-line border state was a problem in the negotiations.  But after the proposal was unveiled by Juncker, Budapest backtracked, asking not to take part in the relocation package even though it would result in 54,000 refugees being moved out of Hungary (as well as 50,400 from Greece and 15,600 from Italy).

“I told the Hungarians that they should be the solution and not the problem,” said Jean Asselborn, the minister of foreign and European affairs of Luxembourg, “We want to help them. But the key to Europe’s functioning is not in the hands of Mr. Orbán. I hope we will find a solution.”

Interior ministers from Germany, France, Hungary, Italy and Greece held a separate meeting with representatives of the European Commission and the Luxembourg EU presidency ahead of the start of the Council, officials said.

Commission officials said Germany’s move to reinstate border controls was justified under the current circumstances and that Berlin had given assurances that the move was temporary.

They added that if it appeared that there would be a domino effect of too many countries enacting controls, they could ask the Council to assess the situation on the ground and intervene. But EU officials stressed this was not currently the case.

Borders

 

EU to Go After Smugglers of Humans

European Union members agree to allow for the boarding, search, seizure and diversion of vessels on the high seas suspected of being used for human smuggling and trafficking.  Like the Mexican immigrants to the US who pay drug cartels when they start their journey, criminals are often at the start of migration to the EU.  Recognizing this, the EU announces that they will detain smugglers’ ships on the high seas.

Getting to the EU

Admati Hammers at Risk-Taking Bankers

Dean Starkman writes:  Anat R. Admati, a professor of finance and economics at Stanford’s business school, is an unlikely player in Washington’s financial reform scene.

The Israeli-born economist arrived at Stanford in 1983 with an interest in mainstream financial issues and a firm belief that markets—with their unique ability to assign a price to risk and channel capital to its most efficient use—were a powerful force for good.

The 2008 financial crisis upended that faith. She turned her gaze to the industry at the center of the crisis: banking.

Admati made waves on the national financial reform scene in 2013 with the book “The Bankers’ New Clothes: What’s Wrong With Banking and What to Do About It,” co-authored with economist and banking expert Martin Hellwig.

Here’s an excerpt of a discussion with Admati:

Why did you write “The Bankers’ New Clothes,” a book for the general public and not strictly for scholars?

We thought we had to. There was, I thought, a certain lack of engagement on the part of many academics, and it was disturbing to me that there was not enough serious discussion about what was going on.

I was not a banking expert, but after studying it, I found that a lot of policymakers and people commenting on it didn’t actually know what they were saying or were saying wrong things or misleading things.

There seemed to be, to take a charitable interpretation, that there were blind spots or confusion or, the most cynical interpretation, there was sort of willful blindness.

How did you get so involved in Washington financial policy circles?

From the beginning, I tried very hard to engage with anybody in Washington who would engage with me. It started by being appointed by Sheila Bair (then the FDIC chairwoman) to a committee in the spring of 2011, which just allowed me into the room at all.

So, what’s wrong with banking?

What’s wrong with banking is that a lot of people are able to take risks and not be fully responsible and accountable for those actions.

People need to understand that the biggest banks are really, really big, by any measure. Just how much is a trillion? It’s an enormous number. They are larger than just about any corporation, so it’s not just big. It’s really very, very big.

It’s also the complexity and sort of breathless scope of what they do and just how much of it is opaque. It remains incredibly fragile as a system.

Capital requirements, boiled down, amount to a few percentage points of a bank’s total assets. What’s the right ratio?

Current requirements are ridiculous by any normal standards. A supposedly “harsh” regulation would be 5 percent of the total. Corporations just never ever live like that.

I talk about 20 percent-30 percent of assets, but what’s really complicated is how you measure assets. The way assets are measured now pretends to be scientific, but the rules are designed in a flawed way. I want simpler measures and for capital to be 20 percent-30 percent of the total.

Anat Admati

Making Money on Music in the Digital Age

Elliott Morss writes on the changes in the music business.  Where once artists made their money from sales of records and sheet music, today you have to go on the road to make big bucks.

 Unit and Value Sales of Music Products

The 12 Largest Grossing Tours of All Time

Classical music is struggling to be a live draw.

Percent of American Adults Attending Classical Music Events

 

 

Ratcheting up the Consequences of Money Laundering

Christie Smythe writes:  Lawyer Patrick Poulin says he helped clients set up offshore corporations in the Caribbean. And that’s what he was working on when he flew to Miami from the Turks and Caicos last year to meet with two Americans who wanted him to invest $2 million from a real estate deal.  Instead, they arrested him at the airport.

The clients, who went by the names of “Bob” and “Abraham,” according to Poulin, were really federal agents who were targeting him as part of a money laundering sting. Poulin eventually pleaded guilty to conspiracy and spent a year in prison.

The U.S. has since brought charges against at least four other businessmen working as “incorporators” — people who help clients establish offshore shell companies for tax planning or other reasons. The cases come amid a campaign by U.S. prosecutors to pursue suspect foreign incorporators in countries where corporate secrecy laws and the demands of extradition have stifled investigative efforts. The strategy: Lure the service providers out of their overseas havens to the U.S. with aggressive techniques such as undercover operations, wiretaps and stings, case filings show.

This new front in the long-running battle against money-laundering is opening as part of a broader U.S. crackdown on tax evasion. Taxpayers who seek amnesty under Internal Revenue Service disclosure programs are snitching on the incorporators, as well as naming Swiss banks and the bankers who aided them.

More than 50,000 U.S. taxpayers have avoided charges since 2009 in the offshore tax evasion crackdown; the program required them to disclose which banks and advisers helped them hide assets, according to the U.S. Internal Revenue Service..

The aggressive strategies are likely meant to send a message to incorporators that they’re being watched, said Jeffrey Neiman, a former federal prosecutor who worked on the groundbreaking 2009 tax evasion case against UBS Group AG and whose law firm represented an associate of Poulin.

“It plants the seed around the world that just maybe the government is listening to this conversation,” he said.

By luring incorporators to the U.S. to make an arrest, authorities also avoid often-complicated and lengthy extradition battles, and it’s easier to resolve a case, Neiman said.

About 30 Swiss advisers, for example, have been indicted in the U.S. since 2008, part of a broad probe of tax evasion and undeclared offshore accounts. At least 21 are still at large, among them, Josef Beck. The financial adviser was indicted in 2012 for allegedly conspiring with UBS to help Americans evade taxes. Yet he has never come to the U.S. to face the charges.

 

Prosecutors are moving up the chain and targeting even bigger operations. U.S. officials last year brought charges against Belize-based IPC Corporate Services founder Robert Bandfield, his employee Andrew Godfrey and several associates at brokerages and other firms. Prosecutors accused them of helping clients, including as many as 100 Americans, profit off of illegal stock trades and launder about $500 million.

An undercover investigator, posing as a corrupt stock promoter, paid the incorporator and his associates $9,600 for help setting up a corporate structure designed for illegal trading and money laundering, prosecutors said in court papers in Brooklyn. Bandfield and Godfrey told the investigator they might be able to return laundered funds on prepaid debit cards in $50,000 installments, the government alleged.

“We can make it so it’s not attached to you,” both men told the investigator during a 2013 meeting in Belize, according to prosecutors.

The government’s crackdown comes as offshore tax shells proliferate. President Barack Obama said in a 2009 speech that one Cayman Islands address had as many as 12,000 corporations registered to it. Bloomberg News found the number was closer to 19,000.

Design Rachel Gold @wtwfinance

Design Rachel Gold
@wtwfinance

Should Germany Exit Euro?

Michael Heise writes:  The debate about whether Greece should leave the eurozone has revived the idea that Germany, and other similarly strong economies, would best serve the rest of the continent if they exited the monetary union.

Any serious discussion of exit would cause chaos in financial markets.  Even more important are the argument’s economic flaws, three of which are immediately apparent. First, the proponents of a German exit argue that if Germany left, the rest of the eurozone would devalue and that this devaluation would restore growth. This is unlikely.

The result of Greece and Spain’s devaluing their currencies in the 1980s was inflation with little growth. It was precisely the painful consequences of their sliding currencies that enticed these countries to join a monetary union with Germany.

Currency devaluation can boost exports in the short term, but it also makes imports more expensive, eroding households’ purchasing power. Workers then demand higher wages to compensate.  The result is often a wage-price spiral that quickly offsets the competitiveness gains of a weaker currency.

Second, advocates of a German exit argue that its economy is too competitive to share a currency with weaker players.  Flattering but wrong. Since 2000, France’s cumulative GDP growth has been the same as Germany’s. Ireland and Spain have done even better, despite the deep slumps they had to endure during the crisis.

Competitiveness does not depend only, or even primarily, on the exchange rate. Fundamentals such as productivity, education, research and development, and the tax system are more important. In these areas, Germany is far from being in a league of its own.

To be sure, the eurozone does not fully meet all of the conditions of an optimal currency area (which include an open and diversified economy, free movement of capital and labor, and flexible prices and wages). But, although the eurozone certainly has plenty of room to improve, the crisis has brought much progress in terms of integration and flexibility. The eurozone may not be perfect, but it is good enough to last.

One of the most important – but often ignored – conditions for a successful currency union is its members’ ability to agree on certain fundamentals of economic policy. Most notably, countries must agree that it is the private sector, rather than the state, that is responsible for creating jobs, and that sustainable economic growth requires open product and labor markets.

In the case of Greece, these fundamental ideas do not appear to have been universally accepted.

Greek wages and prices have already fallen sufficiently to restore competitiveness; the country now needs a framework in which private economic activity can thrive.

The eurozone’s survival requires, first and foremost, that all of its member countries have strong and flexible economies, which means that all of them must undertake continuous efforts to remain competitive.

Should Germany Exit Euro?

Refugees are Good for Business

Lucy P. Marcus writes:  In the face of the largest influx of refugees into Europe in decades, the responses and policy proposals from the European Union and its member governments have varied enormously, and the debate has become deeply politicized.  But one group’s voice has been conspicuous by its absence: business.

While governments, charities, and donor organizations actively discuss how to share responsibility for refugees on all steps of their journey – from camps in Jordan, Lebanon, and Turkey to transit to settlement – European business has been strangely silent. But, at a time when business is more powerful than ever, with multinational corporations stretching around the world, the private sector must work with governments and NGOs to help address the short-term and long-term challenges posed by the massive refugee inflows.

Indeed, industry leaders in all sectors owe it to themselves to be involved from the start. Only by turning the challenges into opportunities can social, political, and economic risks be mitigated.

There has been one notable exception to the pattern of private-sector silence. Just as German Chancellor Angela Merkel has been at the political forefront of the migration crisis, the Federation of German Industries (BDI) has been at the business forefront. The BDI has spoken clearly and decisively about the benefits of refugees for business and has proposed changes to Germany’s labor laws and regulations, including fast-tracking the newcomers’ right to work. In order to make business engagement and investment sustainable, the BDI has also sought assurances that migrants who find employment will not be deported.

Now it is time to hear from other countries’ business associations. How do the Confederation of British Industry or France’s MEDEF intend to respond? And what of individual multinational corporations? What legislative changes do they think they will need to aid governments and the EU in addressing the refugee crisis and ensuring long-term stability in Europe?

The challenge, everyone agrees, is not confined to managing the huge inflows and processing asylum applications. In the coming months and years, destination countries must lay the foundations for integrating refugees into their workforces. To wait too long is to miss an important opportunity to be involved in developing a strategy that works for businesses, governments, and societies alike.

Becoming involved early in the process of assessment, education, and integration planning would allow the private sector to help shape policy from the outset, rather than complaining about the government’s failures after the fact. Business leaders can help identify the skills and abilities that would most benefit their sectors, establish guidance and training programs, and offer apprenticeships.

The benefits are clear. The refugees arriving on Europe’s shores are often young, well educated, skilled, and eager to integrate quickly into society. They are an antidote to aging populations and low birth rates, and many come ready to work. By collaborating with the public sector, business can help to ensure that they get the training and jobs they need.

Business also has a role to play in helping to shape societal attitudes toward refugees. This is particularly true of public-facing organizations. Football clubs across Europe are not only donating money, but also taking concrete steps to encourage a welcoming atmosphere, with welcome banners, training camps for refugees, and, in the case of Bayern Munich, language lessons.

Not all of these refugees will remain in Europe permanently. One day, many may return to their homeland. When they do, they will have the skills to help rebuild their societies and economies, as well as provide strong ties to the country where they sought refuge. The importance of this investment in future state building, as well as business relationships, cannot be underestimated. Although the payoff may seem distant, investing in today’s refugees could make all the difference in building tomorrow’s strong, stable trading partners.

Europe’s refugee crisis continues to be viewed solely as a political problem, in part because that is how the media portray it. The only business coverage tends to focus on the financial impact caused by the disruption of transport links such as the port of Calais. But Europe’s refugee crisis is also a business problem. By addressing it now, business can turn that problem into an opportunity for allf.

 Refugees are Good for Business

Poroshenko Gets Ready for Loans

Mariana Antonovych writes:   Ukraine sidestepped default and now faces an opportunity to raise social standards for 3.5 million public sector employees, 7.5 million retirees and 1.5 million people who get different kinds of social aid from the state, Poroshenko said.  The government plans to spend Hr 10 billion – or $440 million – on the increases.

Social Policy Minister Pavlo Rozenko promised that more than 80 kinds of social aid, compensation, scholarships and other payments are set to increase. The minimum payments per person will increase for Hr 160 and will amount to Hr 1,378 ($62), while the minimum pension rate will constitute Hr 1,074 ($48).

Ukraine’s total budget is expected to reach less than $25 billion this year on gross domestic product of $75 billion this year.

Parliament will consider these changes to the 2015 state budget during the next week, said Verkhovna Rada’s speaker Volodymyr Groisman, noting that this is a part of “social contract with Ukrainian people Ukraine’s government has to execute in good faith.”

“This is a symbol of commitment of Ukraine’s authorities to its duties,” Poroshenko said. “This is a signal that painful reforms bring benefits.”

This result was not easy to achieve, though. It required restructuring debt, fighting corruption and increasing revenues to the state budget, Poroshenko admitted.

During a meeting with Poroshenko, International Monetary Fund Managing Director Christine Lagarde said that Ukraine “has surprised the world, surprised with what it managed to achieve during such a short term,” according to the president.

Given Ukraine’s previous practice of repeated violations of its commitments, Largarde’s words “delighted” Poroshenko. “This is an international recognition of efforts of our country,” he said.

“Lagarde also recognized that in difficult circumstances ‘Ukrainians achieved a macroeconomic stability, while Ukraine’s economy already demonstrates signs of recovery,’ ” Poroshenko said noting that IMF does not waste words.

The first and second loan tranches issued by IMF to Ukraine in March and August – part of a $17.5 billion loan commitment – helped stabilize Ukraine’s payment balance, harmonize export and import, and stabilize banking system.

While debt restructuring deal concluded on Aug.27 didn’t merely write off 20 percent of Ukraine’s debt before foreign creditors, but also delayed exorbitant burden for state’s budget for the next four years, said Poroshenko.

According to Ukraine’s Finance Minister Natalie Jaresko, this deal saved Ukraine some $9.2 billion, including the amount of loans and costs needed for their servicing.

Given the IMF’s forecasts regarding growth of Ukraine’s gross domestic product by 4 percent, Ukraine will be able to reach the level of Swiss economy by 2040, Jaresko added.

However, it doesn’t mean that Ukraine has overcome all challenges. Russia’s military threat, instability in the world’s economy and rising political tensions within Ukraine are the main challenges Ukraine is facing now.

“Ukraine has to stay united,” Poroshenko said, referring to the clashes near parliament on Aug. 31 in which three National Guard members were killed by a grenade, allegedly thrown by a former soldier during a demonstration against proposed constitutional changes.

 

“We agreed with Lagarde that it would be preferable if IMF decides to loan Ukraine $1.7 billion in October,” said Poroshenko, noting that borrowing from international donors is no substitute for attracting direct foreign investment in Ukraine.

To achieve this goal, Ukraine has to speed up reforms in all sectors: deregulation, liberal tax reform, introduction of visa-free regime and full operation of free trade zone with the European Union.

Ukraine on the Move