This story Explains the London/Dubai loophole. The author apparently agrees that Michael Greenberger is the best authority on futures trading and has a clear understanding of the implications of the free reign that hedge funds have had on the economy. While they have siphoned US currency into foreign hands, there is currently no authority to stop this illegal activity. The current regulation is under the oversight of the London/Dubai exchanges. These funds can operate without any disclosure of intent or identity to the US, even in US traded commodities like West Texas Crude. It notes that the loophole was added to an 11,000 page bill at the last minute before congress went on Christmas break at behest of Enron officials called the Commodity Futures modernization Act. A transcript of Michael Greenbergers testimony is also linked there and he states that it is essential reading if you want to be informed.
http://www.salon.com/tech/htww/2008/...ubai_loophole/
On a related note, at work I have been hearing of attempts by foreigners to buy out CSX but none were sure who they were. It has appeared that they are bypassing US disclosure laws by operating as a hedge fund. I did a little research and found that they are called The Children's Investment fund. Last year the same fund also forced ABN Amro a dutch banking giant, to agree to sell out for 101 billion to a "consortium of banks".
The fund also called TCI had earlier accumulated 4.1 percent of CSX stock. IT then proposed that Michael J. Ward's position as chairman and chief executive be split into separate positions and the introduction of new independent directors citing current managements lack of experience pertaining to railroads. Sounds like the Rockefeller attempt on Exxon, or is it just me?
Link
http://www.nytimes.com/2007/10/17/business/17hedge.html
Later they joined with 3G Capital Management, another foreign hedge fund that had also acquired 4.2 percent of CSX stock and sparked a proxy fight by proposing a slate of five independent directors be appointed.
Link
http://www.nytimes.com/2007/12/20/business/20fund.html
Now trying to buy them out it would appear that they are acting under authority of the London/Dubai partnership that is outside of US futures trading laws of disclosure. CSX is challenging the buyout as a scam by citing US disclosure laws of stockholders that hold more the five percent of a US stock.
A little from this story
http://www.nypost.com/seven/05262008...cam_112592.htm Quote: |
Buying swaps through the investment banks - in this case Citibank and Deutsche Bank - allowed TCI to get around the decades-old 13D rule, which requires investors to disclose their position when they own 5 percent or more of a company's shares.
Hohn said in testimony that the swaps were bought to avoid tipping off other investors to TCI's purchases, which could have triggered a run-up in CSX's stock price. But Hohn did admit that he selectively encouraged other hedge funds to buy CSX shares before he disclosed his position.
Critics argue that the swap contracts allow activist hedge funds to accumulate many more votes than are reflected in the number of shares they actually own. Activists counter that while swaps allow them to hide their interest for a period of time, they can't tell the investment banks how to vote.
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This is a weird story relating to Dubai buying out part of NASDAQ stock exchange as well as part of the NASDAQ ownership of the London Stock Exchange. I think that something is beginning to stink
link
24/7 Wall St.: Desperate For A Deal: The Nasdaq-London-Dubai-OMX Stock Exchange
To get an idea of how much futures trading is outside of US disclosure laws look here
http://www.ocforums.com/newreply.php...eply&p=5665637
If you tab down to distribution you will note that though almost 60 of hedge managers are located in the us only 26.2 percent of the funds are domiciled here the majority of 53.27 percent are in the Caribbean. These are obvious red flags that illegal activity is taking place and US currency is leaving the country via hedge funds.