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In December 2002, the FASB issued SFAS No. 148, Accounting
for Stock-Based Compensation – Transition and Disclosure –
an amendment of FASB Statement No. 123. This Statement amends
FASB Statement No. 123, Accounting for Stock-Based Compensation,
to provide alternative methods of transition for a voluntary change
to the fair value based method of accounting for stock-based employee
compensation. In addition, this statement amends the disclosure requirements
of SFAS No. 123 to require prominent disclosures in both annual and
interim financial statements about the method of accounting for stock-based
employee compensation and the effect of the method used on reported
results.We adopted the disclosure provisions of SFAS No. 148 effective
December 31, 2002, and continue to follow APB 25.The adoption of this
statement did not have a material impact on our financial statements.
In November 2002, the EITF reached a consensus on EITF Issue No. 02-3,
Issues Involved in Accounting for Derivative Contracts Held for
Trading Purposes and Contracts Involved in Energy Trading and Risk
Management Activities. EITF Issue No. 02-3 precludes mark-to-market
accounting for energy-trading contracts that are not derivatives pursuant
to SFAS No. 133, Accounting for Derivative Instruments and Hedging
Activities. We adopted the provisions of this statement effective
November 1, 2002.The adoption of this statement had no effect on our
financial statements.
In January 2003, the FASB issued FIN No. 46, Consolidation of Variable
Interest Entities. FIN No. 46 requires a company to consolidate a
variable interest entity (“VIE”) if the company has variable
interests that give it a majority of the expected losses or a majority
of the expected residual returns of the entity. Prior to FIN No. 46,
VIEs were commonly referred to as SPEs. As the Company does not have
any VIEs, the adoption of this statement will not have an effect on
our financial statements. QUANTITATIVE
AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
Our market-making and trading activities expose our capital to significant
risks. These risks include, but are not limited to, absolute and relative
price movements, price volatility and changes in liquidity, over which
we have virtually no control.
We employ automated proprietary trading and position management systems
that provide real-time, online position management and inventory control.
We monitor our risks by reviewing trading positions and their appropriate
risk measures. We have established a system whereby transactions are
monitored by senior management on a real-time basis as are individual
and aggregate dollar and inventory position totals and real-time profits
and losses. The management of trading positions is enhanced by review
of mark-to-market valuations and position summaries on a daily basis.
In the normal course of our equities market-making business, we maintain
inventories of exchange-listed and OTC equity securities. The fair
value of these securities at December 31, 2002 and 2001 was $130.8
million and $152.8 million, respectively, in long positions and $84.8
million and $153.6 million, respectively, in short positions. Additionally,
at December 31, 2001, we had $137.5 million in long positions and
$70.5 million in short positions in accounts managed by Deephaven.
The potential change in fair value, using a hypothetical 10.0% decline
in prices, is estimated to be a $4.6 million loss and a $6.6 million
loss as of December 31, 2002 and 2001, respectively, due to the offset
of losses in long positions with gains in short positions. The following
table illustrates, for the period indicated, our average, highest
and lowest month-end inventory at market value (based on both the
aggregate and the net of the long and short positions of trading securities
from our cash equities business).
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