Are RIAs and other financial professionals guilty until proven innocent? Not quite, but the burden of proof on the part of the SEC against those accused is so low it might appear that way. It could easily result in a lifetime bar from the advisors' main source of income.
Russell Ryan, a former assistant director of the SEC's division of enforcement, exposes the mark regulators must reach to win their case. In a Wall Street Journal op-ed on Monday, Ryan argues the SEC can impose quasi-criminal penalties based on the mere “preponderance of evidence.”
Using the trial of ex-Goldman Sachs vice president Fabrice Tourre, set to begin this week, as a jumping off point, he employs a sports metaphor to indicate just what Tourre will face.
“Envision a one-possession football game with the government team receiving the kickoff,” Ryan writes. “Beyond reasonable doubt requires the government to score a touchdown to win; clear and convincing evidence requires a field goal; and preponderance of evidence requires advancing the ball at least an inch past the 50-yard line.”
Top Defensive Stocks To Buy Right Now: Enbridge Energy Partners LP (EEP)
Enbridge Energy Partners, L.P. (the Partnership) owns and operates crude oil and liquid petroleum transportation and storage assets, and natural gas gathering, treating, processing, transportation and marketing assets in the United States. The Company was formed by its Enbridge Energy Company, Inc. (General Partner), to own and operate the Lakehead system, which is the United States portion of a crude oil and liquid petroleum pipeline system extending from western Canada through the upper and lower Great Lakes region of the United States to eastern Canada. A subsidiary of Enbridge Inc. (Enbridge), owns the Canadian portion of the Mainline system. Enbridge, which is based in Calgary, Alberta, Canada is a provider of energy transportation, distribution and related services in North America and internationally. Enbridge is the ultimate parent of its General Partner. As of December 31, 2011, its portfolio of assets included the approximately 6,500 miles of crude oil gathering and transportation lines and 32 million barrels of crude oil storage and terminaling capacity; natural gas gathering and transportation lines totaling approximately 11,500 miles; nine natural gas treating and 25 natural gas processing facilities with an aggregate capacity of approximately 3,255 million cubic feet per day, including plants; trucks, trailers and railcars for transporting natural gas liquids (NGLs), crude oil and carbon dioxide, and marketing assets, which provide natural gas supply, transmission, storage and sales services. The Company conducts its business through three business segments: Liquids, Natural Gas and Marketing.
Liquids Segment
The Company�� Lakehead system consists of crude oil and liquid petroleum common carrier pipelines and terminal assets in the Great Lakes and Midwest regions of the United States. The Mainline system serves refining centers in the Great Lakes and Midwest regions of the United States and the Province of Ontario, Canada. Its Lakehead system spans a distance ! of approximately 1,900 miles, and consists of approximately 5,100 miles of pipe with diameters ranging from 12 inches to 48 inches, and is transporter of crude oil and liquid petroleum from Western Canada to the United States. In addition, the system has 61 pump station locations with a total of approximately 900,000 installed horsepower and 72 crude oil storage tanks with capacity of approximately 13.9 million barrels. The Mainline system operates in a segregation, or batch mode, allowing the transport in excess of 50 crude oil commodities, including light, medium and heavy crude oil, condensate and NGLs.
The Company�� Mid-Continent system is located within PADD II and is consisted of its Ozark pipeline and storage terminals at Cushing and El Dorado, Kansas. Its Mid-Continent system includes over 430 miles of crude oil pipelines and 17.3 million barrels of crude oil storage capacity. Its Ozark pipeline transports crude oil from Cushing to Wood River where it delivers to ConocoPhillips��Wood River refinery and interconnects with the Woodpat Pipeline and the Wood River Pipeline. The storage terminals consist of 91 individual storage tanks ranging in size from 58,000 to 575,000 barrels. Of the 17.3 million barrels of storage capacity on its Mid-Continent system, the Cushing terminal accounts for 16.1 million barrels. A portion of the storage facilities are used for operational purposes, while it contracts the remainder of the facilities with various crude oil market participants for their term storage requirements. Contract fees include fixed monthly capacity fees, as well as utilization fees, which it charges for injecting crude oil into and withdrawing crude oil from the storage facilities.
The Company�� Mid-Continent system operates under month-to-month transportation arrangements and both long-term and short-term storage arrangements with its shippers. Its North Dakota system is a crude oil gathering and interstate transportation system servicing the Williston basin in! North Da! kota and Montana, which includes the Bakken and Three Forks formations. The crude oil gathering pipelines of its North Dakota system collect crude oil from points near producing wells in approximately 22 oil fields in North Dakota and Montana. Its North Dakota system is made at Clearbrook to its Lakehead system and to a third-party pipeline system. As of December 31, 2011, its North Dakota system included approximately 240 miles of crude oil gathering lines connected to a transportation line, which is approximately 730 miles long, with a capacity of approximately 210,000 barrels per day. Its North Dakota system also has 21 pump stations, one delivery station and 11 storage facilities with an aggregate working storage capacity of approximately 870,000 barrels. During the year ended December 31, 2011, it added 25,000 barrels per day of capacity from Berthold, North Dakota to the international border near Lignite, North Dakota.
Natural Gas Segment
The Company owns and operates natural gas gathering, treating, processing and transportation systems, as well as trucking, rail and liquids marketing operations. It purchases and gathers natural gas from the wellhead and delivers it to plants for treating and/or processing and to intrastate or interstate pipelines for transmission to wholesale customers, such as power plants, industrial customers and local distribution companies. As of December 31, 2011, it had nine active treating plants and 25 active processing plants, including two hydrocarbon dewpoint control facilities (HCDP) plants. Its treating facilities have a combined capacity, which approximates 1,240 million cubic feet per day while the combined capacity of its processing facilities approximates 2,015 million cubic feet per day, including 350 million cubic feet per day provided by the HCDP plants.
The Company�� natural gas business consists of East Texas system, Anadarko system and North Texas system. East Texas system includes approximately 3,900 miles of nat! ural gas ! gathering and transportation pipelines, eight natural gas treating plants and five natural gas processing plants, including two HCDP plants. Anadarko system consists of approximately 2,900 miles of natural gas gathering and transportation pipelines in southwest Oklahoma and the Texas panhandle, one natural gas treating plant and 11 natural gas processing plants. North Texas system includes approximately 4,700 miles of natural gas gathering pipelines and nine natural gas processing plants located in the Fort Worth basin. Its East Texas system is located in the East Texas basin. Natural gas on its North Texas system is produced in the Barnett shale area within the Fort Worth basin conglomerate. Its Anadarko system is located within the Anadarko basin.
As of December 31, 2011, the Company�� Elk City system includes one carbon dioxide treating plant and three cryogenic processing plants with a total capacity of 370 million cubic feet per day, and a NGL production capability of 20,000 barrels per day. It also includes its trucking and NGL marketing operations in its Natural Gas segment. These operations include the transportation of NGLs, crude oil and other products by truck and railcar from wellheads and treating, processing and fractionation facilities to wholesale customers, such as distributors, refiners and chemical facilities. In addition, its trucking and NGL marketing operations resells these products. Its services are provided using trucks, trailers and rail cars, pipeline capacity, fractionation agreements, product treating and handling equipment. Its trucking operations transport NGLs, condensate and crude oil from its processing facilities and from third party producers to its United States Gulf Coast customers. As of December 31, 2011, its fleet consisted of approximately 220 trucks and 375 trailers. Its trucking and NGL marketing operations are wholesale customers, such as refineries and propane distributors. Its trucking and NGL marketing operations also market products to whol! esale cus! tomers, such as petrochemical plants.
Marketing Segment
The Company�� Marketing segment transacts with various counterparties to provide natural gas supply, transportation, balancing, storage and sales services. Its Marketing business uses third-party storage capacity to balance supply and demand factors within its portfolio. Its Marketing business pays third-party storage facilities and pipelines for the right to store gas for various periods of time. These contracts may be denoted as firm storage, interruptible storage or parking and lending services. Its Marketing business leases third-party pipeline capacity downstream from its Natural Gas assets under firm transportation contracts. This capacity is leased for various lengths of time and at rates.
Advisors' Opinion:- [By Aimee Duffy]
Given the overall performance of the midstream industry during the past year and a half, a company that repeatedly offers up a poor performance come earnings time is going to stand out. Enbridge Energy Partners (NYSE: EEP ) is one such company. In this video, Fool.com contributor Aimee Duffy takes a quick look at what is hurting EEP, how it compares to its midstream peers, and whether or not this master limited partnership has a bright future ahead of it.
- [By Sean Williams]
Now compare this with an extremely popular and much larger midstream company in Enbridge Energy Partners (NYSE: EEP ) . The payouts between the two companies are actually quite similar, with Enbridge yielding 6.7% and Boardwalk yielding 6.6%. However, profit margins are considerably higher for Boardwalk, and its annual dividend growth history is certainly more appealing. Enbridge shareholders have seen their payout grow by an average of 2.4% per year since 2006 while Boardwalk, even excluding its very first payout, which would skew the results, grew its yield by an average of 5.8% per year. Furthermore, trailing-12-month operating cash flow as a percentage debt is higher for Boardwalk as compared with Enbridge, signaling the stability of its debt relative to its cash-generating capabilities. I have absolutely nothing against Enbridge Energy Partners, but Boardwalk is statistically the better-looking midstream MLP!
Top Income Companies For 2014: Firstbank Corporation(FBMI)
Firstbank Corporation, through its subsidiaries, provides commercial banking products and services. It accepts checking, savings, and time deposits. The company also provides commercial, mortgage, agricultural, real estate, real estate mortgage, real estate construction, home improvement, automobile, and consumer loans. In addition, it offers trust, security brokerage, and title insurance services, as well as armored car services. The company operates 53 branch offices in central Michigan. Firstbank Corporation was founded in 1894 and is headquartered in Alma, Michigan.
Advisors' Opinion:- [By Louis Navellier]
A great example of these small banks with big potential is Firstbank Corp. (FBMI), a $155 million market-cap stock that operates 53 branch offices in central Michigan. Firstbank provides commercial banking products and services, including traditional deposit accounts and loans tailored to meet the needs of its business customers. FBMI also offers trust, security brokerage and title insurance services, and even armored car services. This bank stock has been rated an “A” all year, and the fundamentals just keep getting better. FBMI shares remain a “strong buy” at current prices.
Top Income Companies For 2014: BJ's Restaurants Inc.(BJRI)
BJ?s Restaurants, Inc. owns and operates casual dining restaurants in the Unites States. The company operates restaurants under the BJ?s Restaurant & Brewery, BJ?s Restaurant & Brewhouse, BJ?s Pizza & Grill, or BJ?s Grill names, which offer deep-dish pizzas, handcrafted beers, appetizers, entrees, pastas, sandwiches, specialty salads, desserts, non-alcoholic beverages, wine, other craft beers, and spirits. As of February 27, 2012, it owned and operated 116 restaurants comprising 10 BJ?s Restaurant & Brewery restaurants, 98 BJ?s Restaurant & Brewhouse restaurants, 7 BJ?s Pizza & Grill restaurants, and 1 BJ?s Grill. The company operates restaurants in California, Texas, Arizona, Colorado, Oregon, Nevada, Florida, Ohio, Oklahoma, Kentucky, Indiana, Louisiana, and Washington. BJ?s Restaurants, Inc. was founded in 1991 and is based in Huntington Beach, California.
Advisors' Opinion:- [By Steve Symington]
It's fine to boast a restaurant concept with mouthwatering growth prospects, but BJ's Restaurants, (NASDAQ: BJRI ) has found putting all the pieces together to deliver that growth is a tall order.
Top Income Companies For 2014: Essar Energy Plc (ESSR)
Essar Energy plc is a holding company. The Company is an energy company with assets across the power and oil and gas industries. The Company operates in the areas petroleum refining and marketing, exploration and production and power transmission and generation. The Refining and Marketing business in India comprises of the Vadinar refinery located on the west coast of India and a retail franchise network of around 1,400 fuel stations across India and the Refining, and Marketing business in the United Kingdom comprises of the Stanlow refinery located near Liverpool, north west England and on the south bank of Manchester ship canal. The Company�� exploration and production segment includes a portfolio of 15 blocks and fields in the various stages of exploration and production of oil and gas in India, Indonesia, Nigeria and Vietnam. In Power segment, the Company operates coal fired, captive fuel and gas based power plants in India and Canada together with a number of mining assets. Advisors' Opinion:- [By Sarah Jones]
Essar Energy Plc (ESSR) climbed 2.5 percent to 122 pence after reporting that revenue rose 24 percent to $27.3 billion in the 12 months through March. The company cited higher margins and volumes at its Vadinar refinery in India and its Stanlow refinery in the U.K.
Top Income Companies For 2014: PetSmart Inc(PETM)
PetSmart, Inc., together with its subsidiaries, operates as a specialty retailer of products, services, and solutions for pets in the United States, Puerto Rico, and Canada. The company offers consumables, such as pet food, treats, and litter; and hardgoods, which include pet supplies and other goods comprising collars, leashes, health care supplies, grooming and beauty aids, toys, apparel, and pet beds and carriers, as well as aquariums and habitats, accessories, d�or, and filters for fish, birds, reptiles, and small pets. It also provides fresh-water fish, small birds, reptiles, and small pets; and pet services, such as grooming, including precision cuts, baths, nail trimming and grinding, and teeth brushing, as well as training, boarding, and day camp services. In addition, the company operates PetsHotels that offer boarding for dogs and cats; provides personalized pet care, an on-call veterinarian, temperature controlled rooms and suites, daily specialty treats and p lay time, and day camp services for dogs; and operates veterinary hospitals, which offer services comprising routine examinations and vaccinations, dental care, a pharmacy, and surgical procedures. As of January 29, 2012, it operated 1,232 retail stores; 192 PetsHotels; 791 veterinary hospitals under the trade name of Banfield, The Pet Hospital; and 8 hospitals operated through other third parties in Canada. The company also offers its products through an e-commerce and community site, PetSmart.com. PetSmart, Inc. was founded in 1986 and is based in Phoenix, Arizona.
Advisors' Opinion:- [By Brian Orelli]
Fourth-quarter revenue at�PetSmart� (NASDAQ: PETM ) �was up 15% thanks to the addition of new stores and increasing same-store sales; earnings jumped an impressive 36% year over year. Over the last five years, shares are�up more than 200%, proving that�pets need food and get sick even in bad times, making the industry somewhat recession-proof.
- [By Lisa Levin]
PetSmart (NASDAQ: PETM) shares moved up 12.21% to $67.11. The volume of PetSmart shares traded was 908% higher than normal. PetSmart surged on news that activist investor Barry Rosenstein had acquired a 9.9% stake and will seek a review of strategic alternatives.
- [By Anthony Mirhaydari]
I’ve also added ODP short to my Edge Letter Sample Portfolio.
Stocks to Sell #3: PetSmart (PETM)
Click to Enlarge PetSmart (PETM) is another specialty retailer that had been surging higher, but now amid a slowing of same-store sales and customer traffic, is rolling over.
Top Income Companies For 2014: Tempur-pedic International Inc (TPX)
Tempur-Pedic International Inc. manufactures, markets, and distributes bedding products in North America and internationally. Its products include pillows, mattresses, and adjustable beds, as well as various cushions and other comfort products. The company sells its mattresses and pillows under the TEMPUR and Tempur-Pedic brand names through furniture and bedding, specialty, and department stores; direct response, Internet, and own stores; chiropractors, medical retailers, hospitals, and other healthcare markets; and third party distributors. Tempur-Pedic International Inc. was founded in 1989 and is based in Lexington, Kentucky.
Advisors' Opinion:- [By Jonathan Burgos]
Hong Kong�� Hang Seng Index lost 0.1 percent. Japan�� Topix Index (TPX) slid 1 percent, while Taiwan�� Taiex index fell 0.4 percent. South Korea�� Kospi index dropped 0.7 percent.
- [By Yoshiaki Nohara]
The MSCI Asia Pacific Index retreated 7.5 percent through yesterday from May 20, which was the highest close since June 2008. Asia�� benchmark gauge traded at 13 times average estimated earnings yesterday, compared with 14.9 for the Standard & Poor�� 500 Index and 13.1 for the Stoxx Europe 600 Index, according to data compiled by Bloomberg. Japan�� Topix (TPX) index was trading at 15.05 today, about 11 percent cheaper than the average since the start of 2010.