© Copyright 2006
US FlagAugust 1, 2006 Edition
1stLifeSettlements



NYSE PROFITS SOAR – The NYSE's quarterly profits quadrupled to $61.2 million as a result of strong trading revenues and the introduction of its Archipelago platform, which it bought this year, giving it electronic-trading revenue for the first time. The new CEO, John Thain, appears to be doing such a good job that it may have been worth $180 million plus just to get Dick Grasso to leave.  For an interesting perspective on public reaction to Dick Grasso's compensation, here's "The Coup de Grasso" from The New Yorker

EXECUTIVE COMPENSATION UNVEILED – The SEC voted unanimously to require companies to publish the total yearly compensation for their five highest-paid officials. Most importantly, they must do so in plain English and include all benefits, including stock options, retirement benefits and future benefits if an executive is fired or the company is acquired.

MORE ON EXECUTIVE PAY - Shareholders are taking the money-management and mutual-fund firm Legg Mason to task over the $35 million in bonuses it gave its CEO. Shareholder advisory firm Proxy Governance (www.proxygovernance.com) is urging shareholders to withhold support for directors who backed the pay plan.

GDP SLOWS, STOCKS GAIN – The increase in the gross domestic product, the output of goods and services produced in the U.S., slowed to 2.5% in the second quarter, causing inflation fears to wane and stocks to rise.

HCA BUYOUT – The Blackstone Group is challenging Bain Capital, Kohlberg Kravis Roberts, Merrill Lynch and HCA co-founder Thomas Frist Jr. for the right to buy the U.S. hospital chain, HCA, Inc. The later group had already offered about $23 billion in what is to be one of the biggest leveraged buyouts in history. A bid from Blackstone set off the largest takeover fight in the buyout industry since RJR Nabisco in 1989.

STOP SHORT TERM FOCUS - The CFA Institute and the Business Roundtable Institute are calling for companies to reform their financial reporting practices and end their focus on "short-term" results. "The obsession with short-term results by investors, asset management firms, and corporate managers collectively leads to the unintended consequences of destroying long-term value, which decreases market efficiency, reduces investment returns, and impedes efforts to strengthen corporate governance." Amen.  More here.

"WAL-MART" LAW OVERTURNED - A federal judge in Baltimore has ruled Maryland's health coverage mandate law unconstitutional.  According to the judge, the federal ERISA law pre-empts the state law, which would require non-governmental employers with 10,000+ employees to spend 8% of payroll on employee health coverage.  Wal-Mart would have been the only Maryland employer affected by Maryland's "Fair Share Act."

INVESTORS HAPPY, LAWYERS SUFFER – A Stanford University study suggests that a rising market with fewer disgruntled investors and companies working to improve corporate governance has helped quell class-action lawsuits. The study predicts that such suits will be down 31% over last year.
 
GLOBAL CROSSING SETTLEMENT - Goldman Sachs, Merrill Lynch, Canadian Imperial Bank and several other investment banks will pay $99 million to settle a class action lawsuit for their part in the collapse of telecommunications company Global Crossing. This brings the total tab in the accounting fraud case to a total of $444 million.


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WORLD'S LARGEST BANK - Starting out 25 years ago as North Carolina National Bank, Bank of America is now poised to replace Citigroup as the largest bank in the world based on market value.

40 BEING EYED - Forty investment firms in Florida, California, Arizona, Texas, North Carolina and Alabama are under federal SEC examination over so-called "free lunch" investment seminars that target elderly victims.  Somewhat surprisingly, an NASD study indicates that elderly victims of investment fraud seem to be more financially literate than non-victims, leading to suggestions that financial education needs to cover more than market mechanics and include teaching about scam tactics.

NASD BACKS OFF ON "BAD BOY" RULE - State securities regulators are upset that NASD has softened a proposed "bad boy" broker disclosure rule. The rule would allow for the public disclosure of the entire disciplinary file of registered representatives who have three or more disciplinary actions in the prior 10 years. Under current procedure, NASD does not reveal unproven or pending customer complaints that are over two years old or customer settlements under $10,000.

MORGAN STANLEY CEO ON HOT SEAT - Morgan Stanley CEO John Mack has agreed to be interviewed by the SEC regarding his connection with an insider trading case involving Pequot Capital.

BROKERAGE FIRMS DOING WELL - Merrill Lynch, the nation's largest brokerage firm, reported a 44% increase in its quarterly earnings. Discount brokerage firms Charles Schwab and TD AMERITRADE reported 35% and 67% quarterly surges respectively.

RETIREMENT ASSETS - The Investment Company Institute reports that the nation's retirement assets reached a record $14.5 trillion in 2005...a 7% increase over the prior year and a 40% jump since 2002. Retirement assets now account for more than one-third of household financial assets.

BROKER EARNINGS AND RETENTION – Despite increased competition, SIA's 2005 Production and Earnings Survey reveals median total earnings for brokerage registered reps were up slightly to $124,871 from $121,577. The survey also revealed a 5% decrease in production among first-year reps to $64,850 from $68,373 in 2004, but a 4% jump in earnings, to $65,184 from $62,205.  Finally, 35% of new reps leave the business within one year.
 
WADDELL & REED SETTLE - Waddell & Reed Financial will make a $77 million settlement to resolve claims that it allowed certain clients to make improper trades. A little more than a year ago the company paid $18 million to the NASD to settle accusations that it harmed investors by changing variable annuity contracts.

MORE FINES – The NYSE has fined Daiwa, Goldman Sachs, Citigroup and Credit Suisse a combined $1.25 million for violations of new short-selling rules designed to prevent "naked" short selling, which is the trading of stocks that an investor doesn't own.

PRINCIPAL ACQUISITION - Principal plans to acquire Washington Mutual's mutual fund management business (WM Advisors) with more than $26 billion in assets under management for $740 million.  Don't be surprised to see more deals like this, as insurance companies look to control a bigger share of baby boomers' retirement assets.

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PENSION OVERHAUL - Last Friday, the House passed a bill designed to overhaul the private pension system and prevent more defaults.  To gain passage, extension of about $35 billion in popular tax breaks was removed from the pension bill and instead combined with a permanent rollback in estate taxes and an increase in the minimum wage.  The House passed this second bill on Saturday.  This strategy has angered Senators of both parties, so the future of both pieces of legislation remains uncertain in the Senate.

DISCLOSURE, CONFUSION AND CLARITY - Earlier this year, the SEC implemented a rule designed to clearly answer the question, "Whose interests must brokers, financial planners and other investment advisers put first: their clients' or their own and their firms?"  It turns out rather than presenting a clear answer to this question, the SEC rule is leaving consumers more confused than ever.  An in-depth article on this topic is available here

FPA UPSET OVER NEW CFP CODE - The Financial Planning Association is not too happy with the Certified Financial Planner Board of Standard's "extreme rewrite" of the code of ethics for CFP designees. The FPA feels some of the changes are positive, but other provisions are "troubling and raise long-term questions about the future direction of the financial planning profession." The FPA has posted a detailed breakdown of the CFP Board's proposed changes at www.FPAnet.org.

MAKE THAT $295,000 FOR HEALTH CARE – Several issues ago we reported that you would need $225,000 for health care during retirement. According to the Employee Benefit Research Institute that figure is really $295,000 for a typical husband and wife with an average life expectancy of 82 and 85. If they both live to 95, they will need about $550,000 to cover premiums and out-of-pocket expenses.

FINAL HSA RULES - The Treasury Department and the IRS have released rules for employer contributions to Health Savings Accounts. Employers can now make different "comparable" contributions based on different variations of family coverage and, if the HSA is part of a cafeteria plan, employer contributions will be excluded from the comparability rules.  More information, including the regulations, is available by clicking here.

HEDGE FUND RULES - In the wake of the U.S. Court of Appeals overturning the SEC's 2004 hedge fund adviser registration rule, SEC chairman Christopher Cox is calling for "emergency limits" on the marketing and availability of hedge funds to "unsophisticated" retail investors.

MOST/LEAST - According to CNNMoney, 38 housing markets in the U.S. are overpriced, with 56 markets considered fairly priced.  Not surprisingly, the east coast and California tend to be overpriced, with the broad mid-section of the country providing the best housing values.  Read the article by clicking here

LOVE, MARRIAGE AND MONEY - According to Forbes, "marriage just doesn't pay."  While there are initially financial benefits during the honeymoon phase, new expenses tend to follow in the wake of marriage.  Once children enter the picture, married couples begin to face real financial challenges.  The complete article is available by clicking here

BOOMERS BEWARE – Apparently boomers are being targeted by con artists with a variety of scams. People over 60 represent 30% of financial fraud victims and the wealth controlled by that age group is expected to grow. In fact, baby boomers already have some $8.5 trillion in investable assets. Here are some specific fraud scenarios to look out for: criminals posing as charitable organizations offering monthly annuity payments to investors who surrender their savings, investments that tie up older peoples' cash for many years and some "free-lunch" events.

A FIRST - For the first time in the annual Phoenix Wealth Survey's history, high-net-worth individuals rank the risk of unforeseen health care costs wiping out their accumulated assets as their top financial concern, overtaking the worry of being able to live comfortably on their available assets.  The survey revealed a variety of contradictions between expectations and planning..."They have set considerable goals for a financially secure retirement but haven't made specific plans, purchased the right products, or established a relationship with a financial planner who will help them achieve their goals."

GIVING UPDATE - The Chronicle of Philanthropy reports that some $12 billion flows annually into charities from donor-advised funds, eclipsing the charitable efforts of Warren Buffett and Bill Gates.  "People who aren't millionaires are stepping up to the plate too, albeit with less fanfare."

2010 AND THE ESTATE TAX - Assuming estate tax law doesn't change in regard to the year 2010, the estate tax disappears for that one year.  According to some tax experts, however, "some heirs will find they owe more in taxes than they would if the tax had remained in place."  Why?  Because the step-up in basis for income tax purposes also disappears in 2010.  Instead, heirs must carry over the deceased's basis in the property they inherit.  While $1.3 million of inherited property receives a step-up in basis, with surviving spouses getting an additional $3 million, in larger estates the step-up change will create capital gains issues that didn't exist prior to 2010.

SAFETY IDEA – If you or any of your clients don't have a home security system, here is an idea for you. Keep your car keys next to your bed on the night stand. If you hear a noise outside your house, just press the panic alarm on your car. It will go off from most everywhere inside your house and keep honking until your battery runs down or until you reset it with the button on the key chain. Works well when traveling too.

NATIONWIDE SPONORS FPA - Nationwide has signed an agreement to be the "national sponsor" of the FPA. The agreement will give Nationwide exposure at FPA national conferences and marketing opportunities in FPA publications.

LIFE APPS DOWN – MIB reports that life applications were down 5.7% in June from June 2005. Unfortunately, the MIB activity index has fallen during most months during the past three years.

BANKS OFFERING LIVE CHAT - Online chat is the newest venture among banks to keep up with the competition.  According to Bankrate.com, "An online chat is an innovative, but still efficient, way to achieve interaction with the customers. It's certainly an enhancement over the customers' fending for themselves on a bank's Web site." It is also a move away from the banking trend of late that tried to direct customers away from tellers to automated services.