Posted On: March 31, 2010

Municipalities Are Beginning to Understand that They Were Duped by Wall Street

Municipalities and states are finally beginning to take legal action to protect taxpayers. Many local governments sustained huge investment losses in the recent market turmoil. In certain cases, relatively unsophisticated government servants were induced to make toxic investments by savvy Wall Street financial advisers. As a result of relying on these advisers, state and local governments have ended up owning some of the riskiest junk imaginable and have sustained critical losses.

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Posted On: March 31, 2010

The Demise of Lehman Brothers Confirms How Senior Government Officials Abdicated Their Responsibility to the American People

Responsibility for the failures in government regulation of the financial markets reaches the highest levels of those charged with enforcing the law. A recent article by Bloomberg News Columnist Jonathan Weil underscores the problem. Weil is incredulous that a senior federal official like William Paulson, the former Secretary of the Treasury, knowing that Lehman Brothers’ “toxic assets [were] worth far less than the value at which they were carried” on its books, would not disclose the facts, as he understood them, to federal regulators and law enforcement, so that they could investigate and, if appropriate, prosecute?

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Posted On: March 30, 2010

More Concerns Arise Regarding Bond Exchange Traded Funds (ETFs)

Uncertainty about the corporate stock and bond markets is fueling growth in exchange traded funds, particularly bond exchange traded funds, according to a recent CNBC.com post by Jeff Cox. High-yield corporate bond funds comprise 10 percent of the total exchange traded fund market, up from 1 percent two years ago, while high-grade bond funds comprise 15 percent, up from 6 percent in 2008, according to the article (citing BofA Merrill Lynch Global Research).

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Posted On: March 29, 2010

The Hammer is Coming Down on Private Placement (Reg D) Offering Scams

Private placement offerings (also known as Reg D offerings), such as Medical Capital Holdings Inc. and Provident Royalties LLC, have devastated unsuspecting investors. Such offerings, as well as the unscrupulous broker-dealers who pushed them, have wound up in the crosshairs of state securities regulators. See “Cracking Down on ‘Private Placement’ Investments,” March 27, 2010, Wall Street Journal, by Jane J. Kim.

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Posted On: March 29, 2010

Wall Street Banks and Similar Special Interest Groups Frustrate Meaningful Financial Reform

The proposed financial reform bill would not make significant changes in the way Wall Street banks are regulated or consumers are protected, despite its lengthy 1,336 pages, according to a recent MSNBC article, “Financial reform diluted with bankers in the mix.” The reason why, as the article’s title suggests, is that the would-be target of reform are playing an influential role in shaping the legislation.

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Posted On: March 28, 2010

The Majority of Americans Believe that Self-Regulation and Existing Governmental Regulation of the Financial Industry is an Abject Failure

According to a recent Bloomberg National Poll, 60% of Americans believe that Wall Street has not done enough to self-regulate, and 37% believe the government has not done enough to regulate the financial industry.

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Posted On: March 25, 2010

It's Official - Most Americans Despise Wall Street

According to a recent Bloomberg National Poll, more than 50% of Americans despise Wall Street and favor punishment of the bankers who caused the worst financial crisis since the Great Depression. The majority of poll participants -- 56 percent -- say big financial companies are more interested in enriching themselves at the expense of ordinary people.

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Posted On: March 23, 2010

Many Investment Scams Target Small Town Investors

New concerns have risen over investors being misled about the facts and risks of private placement offerings (Reg D offerings) often recommended by financial advisers in smaller towns that are outside the financial industry mainstream. While misrepresentations about high-risk private offerings are by no means limited to small towns, small town residents with nest eggs have been disproportionately victimized by unscrupulous offerings.

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Posted On: March 22, 2010

Life Settlement Investments Carry Big Risks

Life settlements - buying rights to senior citizens' life insurance policies - is a risky gamble that should be avoided by most investors, according to Leslie Scism and Larry Light in their Feb. 6 Wall Street Journal article, "Grim Risks of Reaping Death’s Rewards.“

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Posted On: March 21, 2010

A Primer on Immediate Annuities

In the current interest rate environment, investments traditionally viewed as “conservative” such as money-market accounts or certificates of deposit are yielding investors almost nothing. As such, many retirees or “conservative” investors are in a bind and looking at alternatives to provide them with a yield that gives them sufficient annual income.

One of the alternatives being touted is an “immediate annuity.” An immediate annuity is an annuity that is purchased with a single premium and that begins income payments immediately or very soon after purchase. Unlike buying a bond, which can be sold at anytime or rolled into another bond when it matures, an annuity locks an investor into an interest rate forever. Investors are essentially making a bet on how long they will live. For investors who live into their 80s or longer, these investments could have an attractive payoff. However, for those who do not survive that long, immediate annuities become a poor investment.

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Posted On: March 19, 2010

Beware Private Placements (Reg D Offerings) Investing in Life Settlement Policies

Life settlement companies are soliciting independent broker-dealers to sell private placements of securities (Reg D offerings) based on life insurance policies, according to a recent InvestNews article by Darla Mercado.

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Posted On: March 18, 2010

Is FINRA Serious about Change or Just Looking for Someone to Blame?

Susan Merrill, the head of enforcement at the Financial Industry Regulatory Authority (FINRA) is departing after nearly three years in which disciplinary actions and fines against the brokerage industry have declined, reported Sue Craig of the Wall Street Journal in her March 18 article, “Finra’s Susan Merrill to Exit as Enforcement Chief.”

FINRA is reportedly looking for a replacement to bolster its reputation and bring more cases. FINRA and other regulators have been justly criticized for missing some of the major frauds associated with the financial crisis as well as other investment frauds.

While Ms. Merrill brought a number of auction-rate-securities cases against Wall Street firms, many appeared to have been brought only after state regulators did all the work. During Ms. Merrill’s tenure, her division has brought fewer disciplinary actions than her predecessors did, and the cases it brought were typically against small players. Simply put, FINRA has failed to address the vast abuses that led to the financial crisis and has failed to adequately investigate Ponzi schemes run by Bernard Madoff, among others.

During recent years, FINRA enforcement has been abysmal at best. Meanwhile, much of Wall Street has acted like a Barbary Coast of financial pirates. Change is needed if we are to protect the integrity of our financial system.

Ms. Merrill was paid $1.4 million in 2008, according to the article. No departure date has been announced.

Posted On: March 17, 2010

Sophisticated Investors Win Millions in Toxic Bond Fund Cases Against Morgan Keegan

In two recently decided arbitrations against Morgan Keegan related to its collapsed bond funds, the investors were awarded over $3.6 million, according to an article by Christopher Sheffield in the Memphis Business Journal, “Morgan Keegan pays out $3.6 million in February.”

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Posted On: March 16, 2010

Is the SEC Finally Going to Act Like Investors Come First?

Public confidence in the Securities and Exchange Commission and Wall Street was broken in the wake of the 2008 financial crisis, according to a recent InvestmentNews article, “SEC needs to remember that investors come first.” The article pointed to the SEC's failure to detect the Madoff Ponzi scheme, its apparent unwillingness to investigate the warnings of Madoff whistleblower Harry Markopolos, its lack of oversight of credit-rating agencies, and its failures to address the practices that led to the collapse of Bear Stearns, Lehman Brothers and the capital markets.

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Posted On: March 10, 2010

Government Watchdog Calls for Elimination of FINRA

On February 23, 2010, the Project On Government Oversight sent a letter to Congressional committee members charged with financial oversight urging them not to trust or rely on the Financial Industry Regulatory Authority (FINRA) to police the brokerage industry. See “Watchdog slams Finra’s ‘abysmal’ record,” by Dan Jamieson, published in InvestmentNews.

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Posted On: March 10, 2010

Reverse Convertible Notes and Similar Non-Conventional Investments are Unsuitable for Many Investors

Sales of poorly understood, non-conventional investments tend to increase in low-yield environments like the present. Reverse convertible notes are an example of this dangerous trend, says Jeff Benjamin in his recent InvestmentNews article, “Reverse convertible notes warrant sales scrutiny.”

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Posted On: March 9, 2010

Hidden Risks Exist in Bond Exchange Traded Funds (ETFs)

Bond exchange traded funds carry hidden risks. In a recent Wall Street Journal article, Sam Mamudi cautioned investors seeking safety in bond exchange traded funds to be aware of hidden risks that can magnify the losses and limit the gains in such investments. See “Bond ETF Buyers Must Stay on Guard for Hidden Risks,” March 1, 2010.

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Posted On: March 8, 2010

Auction Rate Securities Abuses Contribute to State's Financial Woes

The state of Hawaii took a $250 million write-down on the auction rate securities in its investment portfolio at the end of 2009, according to a recent Bloomberg report. The write-down included 57 issues of student loan-backed securities that were purchased from Citigroup for over $1 billion in 2007 and early 2008, when they were sold to the state as tax equivalents that could be liquidated within 7 to 10 days. But the state—like thousands of other investors holding auction rate securities—has been unable to liquidate, prompting the state to write down their value to $752 million. The liquidity problem with these securities has exacerbated budget woes for a state that has a $1.2 billion deficit due to the drop of tourism revenue tied to the recession.

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Posted On: March 3, 2010

Former UBS Executive Settles Regulatory Auction Rate Securities Action

New York Attorney General Andrew Cuomo has announced a $2.75 million settlement with a former top executive at UBS over allegations that he used insider information to sell his auction rate securities just before the market for such securities collapsed. According to prosecutors in Cuomo’s office, the executive in question was UBS’s global head of municipal securities and was in charge of fixed income investments for the bank’s American operations when he decided to close his positions in auction rate securities in December 2007 because he heard that the market for student loan-based auction rate securities was about to fail—and he did so without warning investors of the increased risks of such securities.

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Posted On: March 2, 2010

Morgan Keegan's Legal Costs Soar Under an Avalanche of Claims

Morgan Keegan has been aggressively fighting an array of regulatory actions and investor claims. As a result of these "hardball" defense tactics, Morgan Keegan's legal costs have doubled and are consuming a significant chunk of the firm's revenue as a result of investigations by securities regulators and legal actions by aggrieved investors, according to an Feb. 25 article in InvestmentNews by Bruce Kelly.

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Posted On: March 1, 2010

Tennessee State Court Ruling Undermines Securities Arbitration

A Memphis, Tennessee Chancery court has vacated an award in favor of an investor that was issued by a FINRA arbitration panel in a Morgan Keegan bond fund case. Vacatur of an arbitration award is highly unusual, and should not occur without proof of some corruption in the process, such as evident partiality of an arbitrator. The reason given by the Tennessee court was that two of the arbitrators were “biased” because they had previously ruled against Morgan Keegan in another Morgan Keegan bond fund case.

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