July 3, 2009

Broker Defections from Major Wall Street Firms on the Rise

Since the middle of March, Smith Barney has lost at least 650 of its approximately 14,000 financial advisors, according to Discovery Database, an industry research firm. The reasons for the Smith Barney departures have been many. First, advisors producing less than $400,000 per year received a pay cut this year and were not offered the same type of retention package that Smith Barney offered to its higher-producing brokers, according to a Wall Street Journal article dated June 15, 2009 by Annie Gasparro and Brett Philbin. Another reason for the departures is that brokers are unwilling to endure the uncertainty of the new Smith Barney joint venture with Morgan Stanley. Still other advisors left in favor of new positions with competitors who offered signing bonuses. Alois Pirker, a brokerage analyst with AITE Group, a research firm, is quoted in the Journal article as citing "possible power struggles, a change in products and potential over wrap," which "opened the door for breaking away." Many anticipate that additional Smith Barney brokers will leave as the dust starts settling from the Morgan Stanley/Smith Barney joint venture.

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July 2, 2009

Pending Legislation to End Mandatory Securities Arbitration?

Investors who have been defrauded by their brokers and financial advisers are almost universally required to bring their claims through arbitration rather than lawsuits, but that may be about to change. Bills have been introduced in both houses of Congress that, if passed, would put an end to mandatory arbitration clauses in contracts, giving wronged investors the option of going to court if they want to. Both bills are titled The Arbitration Fairness Act of 2009.

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July 1, 2009

Investors Need to be Careful with Target-Date Mutual Funds

Target-Date mutual funds are not always what they appear to be, reports Leslie Wayne in her June 25, 2009 article in the New York Times entitled “Target-Date Mutual Funds May Miss Their Mark.” Target-Date mutual funds are supposed increase the allocation of bonds over time in order to reduce volatility as an investor approaches retirement. Stocks are generally more volatile than bonds, and investors generally increase the percentage of bonds to add the stability to a portfolio of investments.

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June 30, 2009

JPMorgan Sued for Sale of High Risk, Illiquid Real Estate Investments

Billionaire Len Blavatnik filed a lawsuit against JPMorgan Chase this week, claiming that the investment bank had mismanaged a $1 billion investment account that held assets on behalf of Blavatnik’s company, Access Industries. The suit alleges that JPMorgan’s brokers invested the company’s assets in risky, illiquid real estate securities that were inconsistent with the conservative investment objectives of the company, causing $98 million in losses that would not have occurred had the money been properly invested.

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June 29, 2009

Lehman Brothers Hit with $190 Million Suit over Auction Rate Securities

Lehman Brothers Holdings Inc is being sued by two of its former clients for more than $190 million based upon allegations the failed bank mislead them about the market for auction-rate securities.

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June 28, 2009

Page Perry's Market Monitor - June 26, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8540 and, on Monday, plunged 201 points.

• On Tuesday, the Dow Jones Industrial Average fell 16 points.

• On Wednesday, the Dow Jones Industrial Average dropped 23 more points.

• On Thursday, the Dow Jones Industrial Average surged 173 points.

• On Friday, the Dow Jones Industrial Average lost 34 points and closed the week at 8438.

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June 26, 2009

"100% Principal Protected Notes" - Designed to Deceive?

UBS marketed and sold Lehman “structured notes” to ordinary retail investors. It instructed its brokers that the products were suitable for conservative investors who did not want to put their principal at risk. Investors who purchased these structured notes made a loan to Lehman Brothers and received a promissory note that promised that the value of notes would increase according to some formula if an underlying basket of securities increased, but the investor’s principal would never go down, even if the underlying securities tanked, because the notes came with a guaranty of “100% principal protection.” “If you lent me $100 and I drew up a legal documents that said in big, fat letters that you loan to me came with “100% principal protection,” as long as you stuck with our deal for 15 years, would you feel pretty good about getting your money back in 2024?” asks Susan Antilla of Bloomberg, in her June 10, 2009 article entitled “UBS Redefines Meaning of 100% Loss Protected.”

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June 25, 2009

Danger Ahead for Investors in Commercial Mortgage-Backed Securities

Recent reports indicate that serious problems lie ahead for investors in approximately $700 billion in commercial mortgage-backed securities. The securities are complex structured finance instruments that are constructed with bundles loans secured by apartments, shopping centers, office complexes or hotels, among other commercial real estate projects. Unfortunately, many of the mortgages were underwritten using loose underwriting standards with liberal financing structures in much the same way that subprime mortgage loans were underwritten. For example, many of these commercial loans made between 2005 and 2007 were either interest-only loans or partial interest-only loans and are facing payment resets that the borrowers can’t afford.

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June 23, 2009

It's Time to Make Securities Arbitration Completely Neutral

An organization of attorneys who represent investors in securities arbitrations has filed a petition with the Securities and Exchange Commission to eliminate FINRA’s requirement that, in cases over $100,000, one of the three arbitrators must be a person affiliated with the securities industry. The organization is known as PIABA, which stands for Public Investors Arbitration Bar Association. In the interest of disclosure, J. Boyd Page, a Senior Partner of Page Perry, LLC, was a founder and past president of PIABA.

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June 22, 2009

Toxic Securities Alert: Reverse Convertibles

Every time there is a significant downturn in the market, Wall Street’s “rocket scientists” conjure up complex new products that purport to be conservative and pay hefty returns but end up slamming investors. Add reverse convertibles to the list of failed products that meets this description.

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June 22, 2009

Investors Left Out of the Auction Rate Securities Regulatory Settlements Are Suing to Recover Losses

A new wave of lawsuits and arbitrations are being filed on behalf of investors who purchased auction rate securities but have not been eligible to participate in redemptions offered by big banks as a result of regulatory settlements. See article entitled “’Stranded’ ARS investors sue for a share of pie” by Jed Horowitz in the May 24, 2009 edition of InvestmentNews. These stranded investors purchased auction rate securities from “downstream” broker-dealers who sold but did not underwrite auction rate securities. The firms include Raymond James Financial Inc., Oppenheimer Holdings Inc., E*Trade Financial Corp., and TD Ameritrade Holding Corp., which were among the biggest distributors of auction rate securities, according to the article.

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June 21, 2009

Page Perry's Market Monitor - June 19, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8799 and, on Monday, plunged 187 points.

• On Tuesday, the Dow Jones Industrial Average dropped 107 points.

• On Wednesday, the Dow Jones Industrial Average fell 7 points.

• On Thursday, the Dow Jones Industrial Average jumped 58 points.

• On Friday, the Dow Jones Industrial Average fell another 16 points and closed the week at 8540.

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June 20, 2009

Wall Street's "Fiduciary Duties" Should Be Formalized

It’s time to hold Wall Street accountable for meeting the standards of conduct that it promises to its customers. President Obama’s proposed regulatory overhaul contains a significant provision that should end any confusion about whether a broker has to act in your best interest or can just pitch a product, according to recent articles by Alexis Leondis and Elizabeth Hester in Bloomberg.com, and Jane J. Kim and Aaron Lucchetti in the Wall Street Journal. That provision would leave no doubt that brokers are required to meet a higher fiduciary standard that compels them to place their customer’s interests ahead of their own. Fiduciaries are not allowed to engage in self-dealing. This is reportedly “a change that could upend Wall Street."

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June 19, 2009

Obama Proposal Urges Review of Mandatory Securities Arbitration

The Department of Treasury released its financial regulatory reform proposal on June 17. The report, a product of consultations with a wide range of people from members of the President’s working group on financial markets to industry and market participants, recommends that the SEC study the use of mandatory arbitration clauses in retail investor contracts. Specifically, the proposal recommends legislation that would give the SEC specific authority to study mandatory arbitration and to prohibit mandatory arbitration clauses in broker-dealer and investment advisory accounts with retail customers if deemed appropriate.

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June 18, 2009

Schwab Sued for Deceptive Sales of Lehman Principal Protected Notes

Once regarded as the retail investors’ friend, and somehow different from other fee-driven brokerage firms, Charles Schwab has been battling retail investors who were sold the Schwab YieldPlus Fund as a cash-equivalent investment, similar to a money market fund. The Schwab YieldPlus Fund has lost approximately half its value as a result of undisclosed, high-risk non-conventional investments. Schwab now has another black mark on its investor friendly image – deceptive sales of Lehman Brothers “100% Principal Protected” Notes.

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June 16, 2009

Book Review: The 86 Biggest Lies on Wall Street

A former investment banker for Goldman Sachs who is a frequent commentator on cable news shows, John R. Talbott, has written seven (7) books on the economy and the financial industry. His latest, The 86 Biggest Lies on Wall Street, is an eye-opener for anyone who wants an understandable explanation of how we got into the current financial crisis. Examples of “The 86 Biggest Lies” on include:

Lie #2: “This was simply a subprime mortgage problem that no
one could have foreseen.”
Lie #9: “Investment banks, commercial banks, ratings agencies
and other middlemen are paid to represent your interests.”
Lie #28: “Before investing, you should talk with a financial advisor
whose professionalism and long-term investing perspective
will end up saving you a great deal of money over time.”
Lie #63: “Complex financial instruments are tailored to benefit both the
issuer and the investor.”
Lie #84 “The SEC prevents insider trading and market manipulation.”

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June 15, 2009

Aura Financial Services Hit with Multiple Regulatory Charges

The SEC recently charged Alabama broker-dealer Aura Financial Services, Inc., and six registered representatives with churning of customer accounts, supervisory failures, and other securities violations that resulted in significant harm to clients and substantial profit to the firm. From roughly 2005 through April 2009, these brokers and broker dealer were allegedly involved in a scheme using fraudulent sales practices and high-pressure sales tactics to convince customers to open and invest money in Aura brokerage accounts. These accounts were subsequently churned and incurred excessive commissions and fees resulting in approximately $1 million in revenue to the firm while largely depleting the customers’ account balances through trading losses and excessive transaction costs.

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June 14, 2009

Page Perry's Market Monitor - June 12, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8763 and, on Monday, rose 1 point.

• On Tuesday, the Dow Jones Industrial Average dropped 1 point.

• On Wednesday, the Dow Jones Industrial Average fell 24 points.

• On Thursday, the Dow Jones Industrial Average jumped 32 points.

• On Friday, the Dow Jones Industrial Average rose another 28 points and closed the week at 8799.

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June 13, 2009

The Mortgage-Backed Securities Market - Is the Other Shoe Getting Ready to Drop?

Many prime mortgage loans taken out by upscale homeowners are experiencing serious problems now that the recession is in full swing. Although previously non-prime mortgage loans (subprime loans, Alt-A loans and home equity loans) were the main loans experiencing delinquencies and foreclosures, USA Today found that the percentage of delinquent prime mortgage loans has more than doubled from 1.1% at the end of March 2008 to 2.4% at the end of the year.

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June 12, 2009

FINRA Proposes Improving Disclosures about Brokers' Backgrounds

FINRA, the financial industry’s self-regulating watchdog, has proposed that the organization’s central database for providing background checks on securities brokers be expanded to provide more information to both the investing public and prospective employers. FINRA, which stands for Financial Industry Regulatory Authority, was created in 2007 by the merger of the NASD (National Association of Securities Dealers) and the self-regulating entities of the New York Stock Exchange to provide uniform standards for self-regulation of the securities industry, including an online background database called BrokerCheck. By going to BrokerCheck, investors can check out a broker before entrusting him or her with their money. BrokerCheck lists the broker’s credentials and licensing, employment history, and discliplinary history—including prior claims, criminal prosecutions and regulatory actions. But under current FINRA rules, there is a loophole in BrokerCheck that allows some brokers who left the industry due to misconduct, but were later allowed to return, to escape detection.

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June 12, 2009

Smith Barney and Morgan Stanley "Tie the Knot"

The joint venture announced by Morgan Stanley in January to take 51% control of Citigroup Inc.’s Smith Barney brokerage unit was completed last week on June 1. The $2.75 billion joint venture creates the biggest retail brokerage firm on Wall Street. With a collection of over 18,000 financial advisors, according to press reports, the new venture will control both firms’ retail operations. The new venture is also expected to execute both institutional and retail orders although each firm’s institutional business will remain separate. The venture is expected to bring in $14 billion annually and Morgan Stanley has the option to purchase the remainder of Smith Barney from Citigroup over five years.

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June 11, 2009

SEC's Aguilar Stands Up for Investors - Let's Hope Someone Listens

At least one Securities and Exchange Commission member believes that broker representatives have a fiduciary duty to their clients, and that is Luis Aguilar, reports Blaine F. Aikin in an article entitled “SEC’s Aguilar urges fiduciary standard” published in the June 7, 2009 edition of InvestmentNews. In a speech delivered May 7th at the Advisers Association’s annual conference, Commissioner Aguilar said that broker representatives increasingly provide investment advice, and such advisors have “an affirmative obligation to put a client’s interest above his or her own.” Aguilar warned that other “proposed standards may have the effect of diluting the existing high fiduciary standard that serves an as important investor protection.”

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June 10, 2009

Auction Rate Securities Update: Why Are The Regulators Ignoring Raymond James's Customers?

Since the collapse of the auction rate securities market in February 2008, many of the broker-dealers who sold those securities have made arrangements to help customers get their money back—either because of regulatory actions, because of lawsuits, or because it was the right thing to do. Raymond James was one of the firms that hawked auction rate securities as a safe cash equivalent, but it does not appear that Raymond James's customers have gotten any relief even though these securities were clearly misrepresented and most of the the investors who bought them have been unable to cash out for the last 14 months. Why are the regulators ignoring Raymond James and leaving that firm's customers out in the cold to fend for themselves?

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June 9, 2009

Evergreen Pays Over $40 Million to Settle SEC Charges that it Overvalued Mortgage-Backed Investments

Evergreen Investment Management Company (“Evergreen”), a unit of Wells Fargo & Co., has agreed to pay more than $40 million to settle an enforcement action by the Securities and Exchange Commission (“SEC”) and the Massachusetts Securities Division, according to articles in the Wall Street Journal and Reuters. Evergreen was a subsidiary of Wachovia at the time of the violation, according to Reuters.

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June 8, 2009

It's Time for Better Regulation of the Financial Markets

The Wall Street Journal reported this morning that the Federal Deposit Insurance Corp. (“FDIC”) is trying to purge Citigroup’s Chief Executive, Vikram Pandit and other senor managers. The article by Damian Paletta and David Enrich also reported that FDIC Chairperson Sheila Blair has been pressuring her fellow regulators to cut their rating of Citigroup’s financial health, which would allow regulators to keep the bank on a tighter leash. Taxpayers own or will own 34% of Citigroup. Federal officials would like former U.S. Bancorp CEO Jerry Grundhofer to replace Mr. Pandit, according to the article. Mr. Grundhofer is reportedly well-regarded for avoiding the risky lending that hurt Citigroup and other banks.

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June 7, 2009

Page Perry's Market Monitor - June 5, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8500 and, on Monday, soared 221 points.

• On Tuesday, the Dow Jones Industrial Average rose 19 points.

• On Wednesday, the Dow Jones Industrial Average fell 66 points.

• On Thursday, the Dow Jones Industrial Average soared 75 points.

• On Friday, the Dow Jones Industrial Average rose another 13 points and closed the week at 8763.

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June 4, 2009

OppenheimerFunds 529 Plans Under Fire

OppenheimerFunds' 529 Plans are facing a rash of suits and complaints regarding alleged mismanagement of its college education funds. The State of Oregon has sued OppenheimerFunds to recover money lost by members of the plan, alleging mismanagement of a nominally conservative bond fund in which Plan funds are invested. According to the Oregon Attorney General's Office, OppenheimerFunds began investing in highly aggressive and risky investments notwithstanding the conservative nature of the fund. Over the past comparable one-year period, the Oppenheimer Fund fell 36%, while the Barclay's Aggregate Bond Index, the Index to which the fund compared itself, rose 5% during the same period.

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June 3, 2009

Let's Give State Securities Regulators the Tools to do their Job

In recent years, state securities regulators have done an admirable job as "the securities cops on the local beat." Not only have they led the way in dealing with local frauds but they have played a significant role in addressing broader based national frauds. The truth is that they play an essential role in the securities regulatory process. Federal regulators and self regulatory organizations simply do not have ample resources to deal with the number of fraudulent schemes that have proliferated in the last decade.

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June 2, 2009

Addressing Recent Wall Street Misconduct Requires The SEC to Adopt Creative Approaches

Citigroup and the U. S. Securities and Exchange Commission (SEC) are discussing possible settlement of an investigation into whether Citigroup overvalued billions of dollars of subprime mortgage-backed securities on its books in the latter part of 2007, according Susan Pulliam and Randall Smith of the Wall Street Journal in a May 28, 209 article entitled “Citi, SEC Are in Talks to Settle Probe.” The investigation followed a series of events that led to the resignation of CEO Charles Prince and the reporting of approximately $50 billion in overall losses, mostly due to its subprime mortgage-backed holdings. In October 2007, Citigroup reported a $1.83 billion loss of value in its subprime mortgage-backed securities. Weeks later, Citigroup reported that the loss of value was more like $8 to $11 billion, and also that it held far more subprime mortgage-backed securities than it had previously reported. The investigation centers on the validity of Citigroup’s valuation methods and whether it misled the investing public when there was no market to set prices for these non-conventional and complex assets.

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June 2, 2009

Wall Street Firms Battle Over Assets Under Management

Brokerage firms like UBS (the “Raiding Firms”) are paying millions of dollars to hire brokers who generate big fees and commissions and who can bring perhaps 80% of their customers with them. In response, other firms (the “Raided Firms”) are promising waivers of fees for as long as two years to their managed-money customers to keep them on board, according to a recent article in the Wall Street Journal by Aaron Lucchetti. We know why the Raiding Firms shell out the big bucks – they stand to make a whole lot of money off of the customers of those brokers who move their accounts. Customers are important assets to any firm, and the name of the game is to make those assets pay.

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June 1, 2009

Variable Rate Annuities with Guarantees? - Check the Fine Print

Investors who purchased variable rate annuities with guaranteed minimum returns may be surprised to learn that the guarantee is not necessarily guaranteed. Under some contracts, it is possible for the insurer who wrote the annuity to cancel the guarantee or significantly reduce its payout.

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May 31, 2009

Merrill Lynch Accused Of Insider Trading "Down Under"

As reported in the May 29, 2009 issue of the Sydney Morning Herald, Australian businessman David Waterhouse has accused Merrill Lynch (and its subsidiary Berndale Securities) of engaging in the largest case of insider trading in Australia history.

These allegations arise from a legal dispute between Berndale and How Trading, an account Mr. Waterhouse used to trade options. Berndale sued How Trading for $9.2 million and How Trading has counterclaimed for $4 million. According to the Morning Herald, the securities firm allegedly used the How Trading accounts to short-sell $55 million in Australian stocks just days before “awful” news was going to be reported by Merrill Lynch’s head office in New York in January 2008.

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May 30, 2009

Page Perry's Market Monitor - May 29, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8277 and, on Monday, the markets were closed for Memorial Day.

• On Tuesday, the Dow Jones Industrial Average rose 196 points.

• On Wednesday, the Dow Jones Industrial Average fell 173 points.

• On Thursday, the Dow Jones Industrial Average soared 104 points.

• On Friday, the Dow Jones Industrial Average jumped another 97 points and closed the week at 8500.

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May 29, 2009

Is the SEC Willing to Sue the "Big Boys" for Misleading the Public Regarding the Risks of Structured Finance Securities?

The SEC has taken action that should send shivers up the spines of many of Wall Street investment banks. The SEC recently charged 10 brokers associated with the now-defunct Brookstreet Securities Corp. (out of Irvine, California) with fraud for falsely marketing investments in complex derivative securities backed by mortgages as safe and suitable for retirees and as appropriate for those with conservative investment goals. In particular, the defendants portrayed risky collateralized mortgage obligations as safe investments to more than 750 customers. The customers subsequently incurred over $35 million in losses investing in these “low risk” investments. Seven of the ten brokers were based in West Palm Beach, Florida, and the others were based in Hawaii, Oregon, and Montana. FINRA, the Financial Industry Regulatory Authority, has brought a similar complaint alleging fraud against six other former Brookstreet brokers.

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May 29, 2009

Equity Indexed Universal Life - Typically a Bad Idea

With the decline in the major stock market indexes, many life insurance agents are now urging their customers to buy Equity Indexed Universal Life Policies, or EIUL's. These policies have a life insurance component that pays a benefit when you die plus an investment component which usually earns a portion of the gains of a particular index or, if the index declines, a minimal guaranteed return of approximately two percent.

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May 28, 2009

Public Confidence in SEC Sinks to New Low

According to recent surveys, the public now views the U.S. Securities and Exchange Commission more unfavorably than the “always hated Internal Revenue Service,” reported Bruce Canton in his column called “Enforcement Action,” published on complianceweek.com. In its National Juror Survey, Litigation PostScript found that 55% of the respondents expressed an unfavorable opinion of the SEC compared with a 46% unfavorable rating for the IRS.

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May 24, 2009

Page Perry's Market Monitor - May 22, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8269 and, on Monday, soared 235 points.

• On Tuesday, the Dow Jones Industrial Average lost 29 points.

• On Wednesday, the Dow Jones Industrial Average fell 53 points.

• On Thursday, the Dow Jones Industrial Average dropped another 130 points.

• On Friday, the Dow Jones Industrial Average slipped 15 points and closed the week at 8277.

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May 22, 2009

Virginia Files Suit Over Auction Rate Securities

The state of Virginia has sued Stifel, Nicolaus & Company on behalf of investors in the state who purchased over $8 million worth of auction rate securities from the firm. This is the latest of many similar suits which are being filed by all over the country on behalf of investors who were misled about the risk and liquidity of auction rate securities. These securities were routinely misrepresented as conservative cash equivalents.

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May 21, 2009

States Are Acting to Deal with Financial Frauds Aimed at Seniors

Certain states have recently proposed legislation requiring additional penalties for financial firms/advisors targeting seniors in scams. In addition, some states are staging undercover “stings,” sending investigators to the “free lunch seminars” that seem to be a breeding ground for scams. These seminars are often billed as “educational;” however, in many cases, seniors may experience a “hard sell” of investments which are inappropriate for their individual needs, or be given misleading information about an investment’s merit.

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May 20, 2009

Alabama Judge Files Shareholder Derivative Action Against Regions' Executives

The news just doesn’t seem to be getting any better for Regions Financial Corp. An Alabama Judge recently filed a shareholder derivative suit in Jefferson County Alabama against the top executives and board of directors of Regions Financial Corp. The suit alleges that the defendants’ mismanagement led to the huge losses suffered by the company and its shareholders.

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May 19, 2009

SunTrust Backs Out Of Deal To Pay Back Investor Losses

Seven months after the Atlanta Journal and Constitution (AJC) reported that SunTrust Bank was negotiating with regulators to buy back $500 million in auction rate securities from SunTrust customers, the bank has decided not to pay back all of its customers. According to a statement released by the Financial Industry Regulatory Authority (FINRA) in May 2009, four (4) other investment firms agreed to repurchase $554 million worth of auction rate securities from investors who were misled about the liquidity of their investments, but SunTrust Investment Services, Inc. and SunTrust Robinson Humphrey, Inc. – both of which are subsidiaries of SunTrust Bank based in Atlanta – withdrew a previous offer to settle with FINRA.

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May 18, 2009

Regulators Require Financial Firms to Provide More Public Disclosure Regarding Customer Complaints

On May 13, 2009, the U.S. Securities and Exchange Commission (“SEC”) approved a rule change that requires brokers to disclose alleged sales practice violations made by a customer against a securities broker in the body of a civil lawsuit or arbitration claim, even if that broker is not named as a defendant or respondent. The SEC received a total of 1,654 comment letters on the proposed rule change. Approximately 1,451 of the letters were “form letters” from financial advisors and insurance agents (who sell insurance products such as variable annuities) opposing the change.

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May 17, 2009

Page Perry's Market Monitor - May 15, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8575 and, on Monday, fell 156 points.

• On Tuesday, the Dow Jones Industrial Average rose 50 points.

• On Wednesday, the Dow Jones Industrial Average fell 184 points.

• On Thursday, the Dow Jones Industrial Average jumped 46 points.

• On Friday, the Dow Jones Industrial Average dropped 62 points and closed the week at 8269.

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May 15, 2009

Auction Rate Securities - Morgan Keegan's Latest Problem

Morgan Keegan's problems seem to keep growing. Already facing massive claims over its sale of toxic bond funds, the company is now being confronted with auction rate securities problems. According to an article published by Reuters, the SEC may begin a civil proceeding against the Morgan Keegan & Co brokerage unit of Regions Financial Corp. over the alleged improper sale of auction-rate securities.

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May 14, 2009

The Obama Administration Proposes to Regulate Derivatives

In view of the role of credit derivatives in the collapse of the financial markets, the Obama administration is proposing to regulate such investments. Credit derivatives are investments backed by mortgages, student loans, commercial paper, or credit card debts that have been bundled and sold to investors in the form of bonds, fund shares or other securities. One reason for the credit crisis was the fact that so many subprime mortgages and other high-risk loans were made by lenders who knew that they were going to sell the paper before the first payment was due, so there was less vigilance on the part of loan originators who at the same time had more money to lend due to falling interest rates and increased leverage that required less operating capital to make loans. When the subprime credit market collapsed, the demand for credit-based securities fell sharply and the holders of those instruments took a big hit. Many, such as the holders of auction rate securities whose interest rates were set by periodic auctions, had a complete loss of liquidity because there was no longer a functioning market where they could cash out.

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May 13, 2009

Bank of America's Attempts to Strong-Arm Fired Employees May Result in Legal Liability

Recent media reports have confirmed that Bank of America Corp. is barring ex-employees from accepting job offers from competitors unless they release claims against the bank or voluntarily forego their deferred compensation. As a general rule, this type of tactic is of doubtful legal validity.

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May 10, 2009

Page Perry's Market Monitor - May 8, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8212 and, on Monday, soared 214 points.

• On Tuesday, the Dow Jones Industrial Average fell 16 points.

• On Wednesday, the Dow Jones Industrial Average jumped 102 points.

• On Thursday, the Dow Jones Industrial Average lost 102 points.

• On Friday, the Dow Jones Industrial Average rose 165 points and closed the week at 8575.

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May 8, 2009

Wall Street Firms Still Preoccupied with Big Sales not Good Advice

Lest you believe that Wall Street has changed its stripes, and is now in the business of financial advising and consulting rather than selling, look at the hiring and firing going on these days at the big firms. Firms are terminating lower-producing brokers and replacing them with big producers. Production means gathering customer assets and selling securities. In the eyes of the firms, the most successful brokers are not necessarily those who provide sound financial advice to their clients, but rather those who gather the most customer assets and sell the most securities. It’s still all about the fees and commissions.

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May 7, 2009

Is the SEC Really Serious about its Vow to Regulate Credit Derivatives?

The Wall Street Journal reports that the Securities and Exchange Commission (SEC) is now ready to police Wall Street firms which have engaged in unlawful practices involving CDO’s (collateralized debt obligations) and other credit derivatives., which are investments backed by mortgage, student loan, or credit card debt which has been bundled and sold to investors in the form of bonds and other securities. Many such investments were misrepresented as low-risk alternatives to money market funds and other cash equivalents. Unfortunately, many investors lost money or found that they were unable to cash out because the markets for certain products had literally dried up. Some investors have already filed civil suits or arbitration claims against broker-dealers, fund managers, and the issuer of certain credit derivatives alleging that they were defrauded by misrepresentations about the risk, yield and liquidity of such securities. Now the SEC says that it is going to get involved.

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May 6, 2009

Wall Street Firms Try to Make Others the Scapegoat for Problems of their Own Making

Pro-business advocates continue to lobby for establishing the United States as a “free fraud zone” where “anything goes” conduct is acceptable. A recent advertisement by the Washington Legal Foundation, a self-described “advocate for freedom and justice” which campaigns for pro-business legal reform, claims that securities fraud lawsuits “are lawful Ponzi schemes,” and that “the lawyers who enrich themselves at the expense of their clients are no different from the high-living CEOs who do the same to their shareholders and employees.” In its ad titled “Bull Market for Plaintiff’s Lawyers,” the Foundation tries to deflect attention from the abuses of Wall Street by complaining that, “amid all the discussion about increasing business regulation, no one has considered protecting consumers from the unaccountable litigation industry’s excesses.” The Washington Legal Foundation conveniently ignores that what it describes as the “unaccountable litigation industry’s excesses” are, in fact, lawsuits spawned by true Ponzi schemes, massive frauds in the sales of securities and excessive risk taking by so-called investment professionals in an effort to pad their own pockets without regard for the consequences to others.

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May 4, 2009

Securities Credit Ratings Agencies Under Attack

The securities credit ratings process needs an overhaul. Fortunately, there is renewed interest in replacing the credit rating agencies that gave high ratings to the trillion of dollars of toxic structured products that catalyzed the market meltdown, according to an April 29, 2009 Bloomberg article by David Evans and Caroline Salas entitled “Flawed Credits Ratings Reap Profits as Regulators Fail.” Three agencies control 98% of the ratings market: Standard & Poors, Moody’s and Fitch. Ever since the Enron scandal, investors and regulators have questioned the efficacy and wisdom of our rating-based market and regulatory system.

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May 4, 2009

Morgan Keegan Loses Two More Toxic Bond Fund Cases

Morgan Keegan recently suffered two more arbitration losses related to its collapsed bond funds. On April 23, 2009 an arbitration panel in Alabama awarded two investors compensatory damages totaling over $76,000 as well as an award of costs in connection with losses they suffered as a result of an investment in the Morgan Keegan bond funds. Four days later, an arbitration panel in Kentucky awarded an investor in the Morgan Keegan funds $67,860 in compensatory damages, $16,828 in interest and $30,428 in attorneys’ fees.

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May 2, 2009

Page Perry's Market Monitor - May 1, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8076 and, on Monday, plunged 51 points.

• On Tuesday, the Dow Jones Industrial Average bounced back 128 points.

• On Wednesday, the Dow Jones Industrial Average jumped 169 points.

• On Thursday, the Dow Jones Industrial Average lost 18 points.

• On Friday, the Dow Jones Industrial Average rose 44 points and closed the week at 8212.

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April 30, 2009

Auction Rate Securities Article Raises Questions about FINRA's Commitment to the Protection of Investors

A recent Bloomberg News report has raised serious questions about (i) the independence and objectivity of the Financial Industry Regulatory Authority (“FINRA”) and (ii) the closeness of relationships between brokerage firms and FINRA which is responsible for regulating brokerage firms. The report questions how and why FINRA disposed of some $862.2 million of auction rate securities in the months before the auction rate securities markets froze and thousands of investors were left holding illiquid securities.

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April 28, 2009

Questionable Sales Practices Haunt Fidelity

Fidelity Brokerage Services LLC has had trouble retaining some of the most successful brokers in its Private Client Group as a result of questionable sales practices. According to an article in Investment News, dozens of brokers serving Fidelity’s most affluent clients recently left the firm because, even though they were required to obtain certified financial planner certifications (CFP), they were prohibited from disclosing details of their bonus compensation, thereby violating the certification they were required to obtain. In addition, some former brokers claim that Fidelity required them to push proprietary products that were unsuitable for some of their clients.

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April 27, 2009

OppenheimerFunds Confronting Big Mutual Fund Problems

OppenheimerFunds, Inc. is facing a number of class actions, investor claims and investigations by five states into losses associated with its bond funds. According to Morningstar, Inc. of Chicago, the funds lost 29% last year compared with a 7.9% average decline for bond mutual funds overall.

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April 26, 2009

Page Perry's Market Monitor - April 24, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8131 and, on Monday, plunged 290 points.

• On Tuesday, the Dow Jones Industrial Average bounced back 128 points.

• On Wednesday, the Dow Jones Industrial Average fell 83 points.

• On Thursday, the Dow Jones Industrial Average rose 70 points.

• On Friday, the Dow Jones Industrial Average jumped 119 points and closed the week at 8076.

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April 23, 2009

Ashland, Inc Sues Oppenheimer for Mismarketing Auction-Rate Securities

Ashland Inc., the maker of Valvoline motor oil, has filed sit against Oppenheimer & Co. for selling the company $194 million of illiquid auction-rate securities after lying about the nature of auction-rate securities and the stability of the auction-rate securities market. So reported Morgan Bettax in an April 17, 2009 article entitled “Valvoline Maker Lodges ARS Suit Against Oppenheimer” posted on Law360.com.

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April 22, 2009

More Corporate Clients Sue Citigroup Over Auction-Rate Securities

Citigroup has been hit with a $30 million auction-rate securities lawsuit filed by Braintree Laboratories, Inc., a specialty pharmaceutical company, reported Christine Caufield in an April 17, 2009 article posted on Law360.com. The suit comes less than two weeks after Texas Instruments Inc. filed a similar suit in Texas state court (Dallas County) against Citigroup Global Markets and others alleging misrepresentations relating to the sale of auction-rate securities. Braintree’s suit also follows an auction-rate securities lawsuit by two financial firms - Ocwen Financial Corp. and Bankruptcy Management Solutions Inc. – against Citigroup filed in the U. S. District Court for the Southern District of Florida, according to the article.

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April 21, 2009

Investor Awarded Losses, Costs and Attorneys Fees in Morgan Keegan Bond Case

On March 11, 2009, an Alabama Financial Industry Regulatory Authority (FINRA) arbitration panel awarded Phillip Willingham and Melinda Oates $187,000 for their claim against Memphis-based Morgan Keegan. Morgan Keegan later asked the FINRA Panel to correct its award, which was amended and clarified by the Panel on April 14, 2009. The newly amended award finds that Morgan Keegan is liable to the claimants for the same $187,000, which it allocated as $100,000 in compensatory damages, $25,000 in costs, and $62,000 in attorney fees.

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April 20, 2009

Bank of America Ordered To Pay $2 Million To Atlanta Couple

An arbitration panel recently awarded $2 million to a husband and wife who were private banking clients of Bank of America. The arbitrators found that the bank had breached its fiduciary duty to the couple, and awarded an amount intended to force disgorgement of any profits that the bank had derived from the private banking services it had provided to the clients.

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April 20, 2009

Corporate Fraud Needs to be a Government Priority

Washington is doing far too little to strengthen the government’s ability to investigate and prosecute the type of corporate and mortgage fraud that led to the economic collapse, The New York Times opined in an Editorial dated April 18, 2009. The Times points out that focus has shifted away from financial fraud to anti-terrorist activities, and that this has resulted in fewer fraud investigators to police the huge infusion of federal money into the economy.

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April 16, 2009

Big Banks Continue "to Bite the Hand that Feeds Them

Banks such as Citigroup, Bank of America, U.S. Bancorp and Wells Fargo, which have received billions of dollars of taxpayers’ money, are “tightening the screws” on the very people who bailed them out. Since the Troubled Asset Relief Program (“TARP”) began, banks have increased charges on a wide range of routine transactions, hiked rates on credit cards and continued making loans criticized by consumer groups as predatory, report David Enrich, Marshall Eckblad and Maurice Tamman of the Wall Street Journal, in a April 13, 2009 article entitled “Bailed-Out Banks Face Probe Over Fee Hikes.” Congress is investigating.

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April 15, 2009

Morgan Keegan Hit for $950,000 Loss on Toxic Bond Fund Case

Morgan Keegan recently suffered it sixth straight loss in arbitration related to its collapsed bond funds. Jerome Woods, who played defensive back for the Kansas City Chiefs, recently received an arbitration award of $950,000 in connection with losses he suffered as a result of an investment in the Morgan Keegan bond funds. A review of the award also indicates that one of the arbitrators on the panel felt compelled to file a dissenting opinion indicating the evidence supported an even greater monetary award. The award to Mr. Woods brings the total awarded to investors harmed by the funds to a total of more than $1.6 million over the past two months.

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April 15, 2009

UBS Expected to Cut Thousands of More Jobs

After having axed 3% of its Asia-Pacific workforce on Tuesday, banking sources say that Swiss bank UBS could cut thousands more jobs as early as Wednesday, when UBS holds its annual meeting. So reported Saeed Azhar and Lisa Jucca of Reuters in their April 14, 2009 article entitled “Thousands more UBS job cuts seen.” The latest cuts could amount to 15% to 20% of its already depleted workforce.

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April 14, 2009

Tobacco Settlement Bonds Give Rise to Legal Claims

Many investors suffered losses in 2008 because they owned Tobacco Settlement Bonds. These bonds, which are tax exempt, were sometimes marketed by brokers as “municipal bonds”. They lost up to 50% of their value as a result of Wall Street’s self-induced credit crisis.

Other than their "tax-exempt" status, Tobacco Settlement Bonds have absolutely nothing in common with traditional municipal bonds.

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April 13, 2009

Financial Scams Are Becoming More Common as the Economy Deteriorates

Desperate people often resort to desperate measures to meet their needs. In many cases, however, these situations become catastrophic for trusting investors who give custody of their money to criminals, reports Russell Grantham of the Atlanta Journal-Constitution, Sunday, April 12, 2009, Business, in an article entitled “Desperation Feeds Rising Rates of Fraud.”

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April 13, 2009

Corporations and Institutions Are Actively Pursuing Auction-Rate Securities Claims

Corporate purchasers of auction-rate securities continue to file lawsuits and arbitration claims against sellers claiming that the securities were misrepresented as liquid, short-term, cash equivalent investments. In one recent case, Texas Instruments, Inc. sued Citigroup Inc., Morgan Stanley and Bank of New York Mellon Corp. for misrepresenting and omitting to disclose the true risks and characteristics of the $524 million of auction-rate securities it purchased. Texas Instruments cannot liquidate its auction-rate securities, because the auction rate securities market collapsed in February 2008 when the banks and other dealers stopped participating.

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April 12, 2009

Page Perry's Market Monitor - April 10, 2009

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following:

• The Dow Jones Industrial Average opened the week at 8018 and, on Monday, dropped 42 points.

• On Tuesday, the Dow Jones Industrial Average dropped 186 points.

• On Wednesday, the Dow Jones Industrial Average jumped 153 points.

• On Thursday, the Dow Jones Industrial Average soared 246 points and closed the week at 8083.

• On Friday, the markets were closed for the Easter holiday..

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April 11, 2009

Investors Beware: Commodities Scams are on the Rise

Foreign currency trading scams have always occurred in the investment markets, but, recently, enhanced scrutiny of the financial services industries has resulted in a dramatic increase of enforcement activity in the area of commodities fraud. Just as the Madoff fiasco has led the SEC to announce prosecution of operators of Ponzi schemes, the Commodity Futures Trading Commission, or CFTC, has ramped up prosecutions for commodities fraud.

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April 9, 2009

Financial Advisors May Have Legal Exposure in Atlanta Ponzi Scheme

An Atlanta attorney is under investigation by the FBI for allegedly operating a Ponzi scheme that defrauded approximately 100 victims from various states out of more than $30 million. The victims, who are from Georgia, Florida, Texas, Missouri, and South Carolina, invested anywhere from a few thousand dollars to more than a million dollars with Robert Price Copeland, doing business as Robert P. Copeland, P.C., Axiom Development Group, Inc., We Buy, Inc., HBV Services, Inc., and other entities.

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