Compliance August 28, 2009

SEC Ready to Ward off Next Madoff with New Hire

The U.S. Securities and Exchange Commission (SEC) is set to hire University of Texas professor Henry Hu to oversee risk analysis and seek out market areas where abuses may emerge, according to people familiar with the matter, Bloomberg reported.

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Hu, who has researched how complex securities and credit derivates pose systemic risk, will lead SEC staff members who identify areas of potential abuse and analyze the costs and benefits of regulating them, said the sources, who declined to be identified because the announcement is not yet public, according to Bloomberg. Hu will report to SEC Chairman Mary Schapiro.

“We are creating a new focus on risk assessment so we can look at those areas of the industry that create the biggest risk for investors,” Schapiro said in an interview with Bloomberg Television. The effort will give the SEC “a much better chance of catching the next Madoff much earlier,” Schapiro said.

The news report noted that the SEC has drawn fire from Congress for missing Bernard Madoff’s $65 billion Ponzi scheme and for letting Bear Stearns Cos. and Lehman Brothers Holdings Inc. load up on mortgage-backed securities before they collapsed last year. The agency now has two separate units that anticipate new areas of wrongdoing and evaluate how to regulate them.

Hu “is one of the leading scholars in law and financial markets,” said Darrell Duffie, a finance professor at Stanford University’s Graduate School of Business, who co-wrote a paper with Hu in 2008 on U.S. competitiveness in the global derivatives market. Hu is particularly focused on “disclosure of derivatives positions related to corporate governance issues,” he said, according to Bloomberg.

In June, Hu told a Senate committee that innovation in derivatives markets threatens to leave regulators unaware of certain products and the risks they pose. He told lawmakers he has urged creation of a centralized clearinghouse to collect information on over-the-counter derivatives since 1993. The news report said Hu has also testified to Congress on the collapse of hedge fund Long-Term Capital Management LP in 1998, the regulatory implications of the New York Stock Exchange’s public listing in 2006, and the role of credit-default swaps in the financial crisis last year. In 2007, he spoke on an SEC panel about the rights of shareholders to choose corporate directors.

Deals & People August 28, 2009

Martellaro to Depart Janus

Janus Capital Group Inc. has announced that Dominic Martellaro, executive vice president and managing director of Janus Global Advisors, will step down from his position effective October 31. 

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“Janus Capital Group is a world-class organization. During my time here, I’ve not only had the privilege to work with incredibly talented people on the distribution front, but exceptional asset managers in Janus, INTECH, and Perkins. The combination of talented people and strong long-term relative performance is undoubtedly what allowed us to successfully build a presence for Janus across our distribution channels,” said Martellaro, in a press release. “Although I’ll miss my colleagues, after nearly three decades in the industry, I want to take some personal time away from work and travel.”

Janus interim CEO Tim Armour noted that Martellaro has made significant contributions in establishing a presence for Janus in the advisor marketplace.“Dominic’s leadership has been invaluable in helping the firm build a robust and successful advisory distribution business and expanding our non-US efforts. We will miss his unbridled enthusiasm and we wish him well in the next chapter of his life,” said Armour.

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Transition Team

According to the announcement, to help ensure smooth succession and continuity in service to clients, Martellaro will remain as a consultant until February 2010. Martellaro, who oversees distribution of the firm’s products sold through financial intermediaries and international sales through subsidiary Janus Capital International Limited, will transition his responsibilities to fellow distribution executives Robin Beery and Dan Charles, according to the firm.

Robin Beery, executive vice president and chief marketing officer, will assume responsibility for Janus’ US intermediary business, which includes products distributed through financial advisers, financial intermediaries, insurance companies and retirement platform channels. She will continue to oversee the firm’s corporate marketing and communications efforts and product strategy.  

Dan Charles, executive vice president and managing director of Janus’ U.S. institutional business, will assume responsibility for Janus Capital Group International, the firm’s non-US distribution channel. In his role, Charles will have global responsibility for Janus’ institutional business including sales, client service, and consultant relations, as well as the firm’s non-U.S. intermediary business through financial institutions.

Beery, who is a member of the firm’s executive committee, also serves as president to the Janus funds, a role in which she serves as the business liaison between Janus and the fund trustees, and a member of the board of directors of INTECH and Perkins Investment Management, LLC, according to the firm. Beery joined Janus in 1994 and has held a variety of leadership positions within the distribution organization, including overseeing the firm’s retail business, marketing and product divisions and corporate strategy.  Prior to joining Janus, Beery worked in the distribution organizations of Kemper Financial and American Century Investments.

Charles is also a member of the firm’s executive committee and sits of the board of directors of INTECH.  Joining Janus in 2005, he has overseen the firm’s US institutional business including sales, client service and consultant relations since 2007.  Prior to joining Janus, Charles served as national head of sales for Bank of America Institutional Investment Solutions serving retirement and non-profit market places. He also spent 13 years with ING and Aetna Financial Services overseeing their sales and client service operations in San Francisco, Chicago and New York.  

“We remain steadfast in our commitment to being a premier partner to our intermediary and institutional clients. Given their breadth of experience and close collaboration with Dominic in building Janus’ distribution, I’m very confident that Robin and Dan will grow the firm and ensure that we continue providing quality investment products and superior service,” added Armour. “During their respective tenures with the firm, they’ve shown tremendous leadership and an unwavering commitment to the company, our clients and shareholders.”

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