Lecture 3 Ethics in Finance Example QS

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University of Technology Sydney *

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25602

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Finance

Date

Jan 9, 2024

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4

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A few prep questions for the Trio Capital Case (one of several cases we discussed): Did the regulators do a good job? 1. No, APRA and ASIC were both investigating the source but didn’t collaborate or communicate with each other to solve the issue and therefore the efforts went longer than it should have How did other parties do, including auditors? 2. 6000 Australians - SMSF Tax payers Regulators - ASIC and APRA Auditors Custodian - had minimal partaking Investors Financial advisors - flourished on referrals/ recommendations (commissions) Employees in the company Who got hurt and why? 3. Total damages to fund = $180M Over 6000 Australians, 5000 APRA related funds got up to $55M in funds returned Direct investors and SMSF - not able to gain compensation (who paid for compensation? APRA from tax payer money, govt, tax payers) Did some investors lose more than others? Yes - What was the key issue? 4. Trio Capital largest fraud in Aus - super funds lost and missing from this scheme Jack Flader - the mastermind behind the scheme Trio acquired Tolhurst - 2 schemes Direct investors and SMSF investors were not able to gain any compensation compared to APRA related investors Scheme funds were moved overseas - harder to recover them Lack of communication between APRA and ASIC could've made the scandal end earlier - both had different investigations going on Investment fund and super fund fraud Who lost money? Why? Which group did lose money? All investors? 5. Over 6000 Australians, 5000 APRA related funds got up to $55M in funds returned Direct investors and SMSF - not able to gain compensation Additional questions to guide your study: What is the EMH, what does it express? 1. EMH = efficient market hypothesis: hypothesis in finance that states asset prices reflect all available information Semi strong - will readjust itself on an event Market cannot be strong form - unless everyone ignores the laws Does insider trading happen in stock markets? 2. Yes. Topic 3 Example questions Tuesday, 7 March 2023 9:39 PM Ethics in Finance Page 1
Yes. Loose lips - insider info, earnings and M&A - Using EFTs to conceal insider trading Found significant levels of shadow trading Insider trading more invasive - What bias drove Curtis to act on inside information? 3. How did those accused rationalise their wrong doing? Didn't think they would get caught Within ethical/ reasonable limits - Decision making biases that played a role? (Wrongdoers/ whistleblower) Self interest, overconfidence, incentive gaming - What rationalisation made Madoff pull of his fraud? 4. How did those accused rationalise their wrong doing? Company best interest - Decision making biases that played a role? (Wrongdoers/ whistleblower) People working with Madoff Ethical fading Self interest bias Obedience to authority Moral myopia People who were smaller investors: Overconfidence Cognitive dissonance Hindsight - What is a Ponzi scheme? 5. Ponzi scheme: form of fraud in which belief in the success of a non-existent enterprise is fostered by the payment of quick returns to the first investors from money invested by recent investors Was Markopoulos a whistleblower according to the textbook? 6. No. Markopoulos not involved in Ponzi scheme (was not with the company in any way) How big is the Aussie Super industry? 7. Size of super = $3.32T in Australia Size of SMSF = $865B (funds less than 7 members) - 26% of supers What is an SMSF? 8. SMSF: private super fund that you manage yourself. Different to industry and retail super funds When you manage your own super, you put money you would normally put in retail or - Ethics in Finance Page 2
When you manage your own super, you put money you would normally put in retail or industry super fund into own SMSF - choose investments and the insurance - Have no more than 6 members - as a member you are trustee of the fund/ you can get corporate trustee = responsible for fund - Do commissions for relevant financial products exist in Australia? 9. Most industry funds do not pay commissions and their products are generally not recommended by financial planners, for whom commissions form at least a significant proportion of their income. "relevant financial products": all financial products other than basic banking products, general insurance products, consumer credit insurance, or a combination of any of those products What is the problem with SMSF accounts? 10. A lot of work comes with risks All members of SMSF are responsible for fund's decisions and for complying with the law If you lose money through theft/ fraud, you won't have access to any special compensation schemes or to Australian Financial Complaints Authority (AFCA) Personally liable for all the fund's decisions - even if you get help from a professional (e.g. financial adviser, accountant/ legal professional), or if another member made the decision Investments may not bring the returns you expect Responsible for managing the fund even if you circumstances change - e.g. you lose your job May be negative impact on SMSF, if there is a relationship breakdown between members, or if member dies/ becomes ill Could lose insurance if you're moving from an industry or retail super fund to an SMSF - What is a relevant provider? 11. Financial advice provided by "relevant provider" either: Financial adviser (recorded in ASIC's Financial Adviser Register) who is individual authorised to provide personal advice in relation to relevant financial products to retail clients Authorised representative, employee or director of an AFS licensee, or an employee or director of related body corporate of an AFS licensee authorised to provide personal advice to retail clients in relation to relevant financial products - All relevant providers must comply with the FASEA (Financial Adviser Standards and Ethics Authority) Code and Standards - if you want to become an advisor must go through a FASEA exam - Why did the FASEA Standards emerge? Do they differ from the existing law? 12. Ethics in Finance Page 3
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^FASEA Standards and Values What is broadly the difference between personal and general advice? 13. General advice: does not consider your personal circumstances and is general in nature Personal advice: more specific and is tailored to your personal situation Did Sam Henderson violate FASEA Standards 2, 3 or 7? 14. What happened? Sam had a SMSF business Asked Donna McKenna if she wanted a SMSF but was against it adamantly Kept promoting and recommending her to do a SMSF (his business) One of Sam's employees impersonated her to call her superannuation and take out her super money (lost 1/2 million entitlement if taken out before 50 yrs) Providing advice to McKenna - What are the ethical dilemmas? Staff member impersonating a client Acted on self interest, fiduciary duty - looking after client Promoting his business and going against client wishes - lost $500,000 Breach - Did Henderson violate FASEA Standard 2,3 or 7? S2 (integrity): yes S3 (conflict of interest): yes S7 (informed consent, fees and charges must be fair and reasonable): yes - Ethics in Finance Page 4