Investment Fraud Lawyer Blog

The big four Wall Street wirehouses have lost market share since the financial crisis in part because of their role in the crisis and “customer distrust,” according to Bing Waldert, a director of Cerulli Associates Inc. (See “Wirehouse market share has shriveled since crisis,” InvestmentNews). Merrill Lynch Wealth Management, Morgan Stanley Smith Barney, UBS AG and Wells Fargo & Co. have also lost market share by terminating lower producing brokers. While the wiehouses have tried to focus on high net worth clients, their share of that lucrative market has declined as well.

Continue reading "Are Wall Street Wirehouses 'Killing the Goose that Laid the Golden Egg?'" »

The SEC is scrutinizing mutual funds’ fee arrangements, looking for instances of gouging, and finding plenty of them. Morgan Stanley just agreed to pay $3.3 million for its role facilitating over $1.8 million in payments by a mutual fund to a third party for services the fund did not receive (“Morgan Stanley Settles SEC Case,” Wall Street Journal). Many more such cases are expected in coming months.

Continue reading "Morgan Stanley Fined for Gouging Investors" »

Fitch Ratings issued a report on November 16 on the U.S. banking sector saying that “the risks of a negative shock are rising” if the effects of European debt crisis keep spreading. (“Fitch’s Warning Spooks Investors, “ Wall Street Journal).

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Morgan Stanley’s motion to dismiss a class action involving “built to fail” structured products has been denied as to the fraud claims against it, and the case will go forward. The plaintiffs – a group of Singapore retail investors – allege that Morgan Stanley committed fraud in selling them sold them $154.7 million of Pinnacle Notes. The notes, which lost almost 100 per cent of their value during the financial crisis, were linked to synthetic (i.e., derivatives-linked) collateralized debt obligations (CDOs) in 2006 and 2007.

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JP Morgan Chase and Goldman Sachs have sold credit default swaps that put them on the hook for $5 trillion of debt – but they won’t say whose debt they are on the hook for. That leaves investors worried that it may be debt issued by Greece, Italy, Ireland, Portugal and/or Spain. Greece and Italy are insolvent, and the others are not very creditworthy, according to experts.

Continue reading "Wall Street Firms Refuse to Disclose Exposure to European Debt" »

Citigroup plans to cut 3,000 or more jobs, about 1 percent of employees, and BNP Paribas plans to cut about 1,400 jobs, or 7 percent of its employees, according to the New York Times (“Citi to Shed 1% of Its Workers; BNP Paribas Plans to Cut 7%”). The NY Times was told unofficially that one third of the cuts at Citigroup will come from its securities and banking unit, but the timing is uncertain.

Continue reading "Wall Street's Job Cuts Continue" »

Banking analyst Mike Mayo is an outlier because Wall Street’s intimidation apparently does not work on him. Mayo has written a book describing, among other things, what it was like for him to break the taboo against issuing a “Sell” recommendation on Wall Street. The title of his book, “Exile on Wall Street,” is a hint.

Continue reading "Wall Street Banks Use Threats and Intimidation to Generate Positive Recommendations" »

America’s big brokerage firms just don’t get it. Rather than focusing on their clients’ best interests, which would enhance the firms’ long-term interests, they are focused on getting rid of so-called “less productive” financial advisers to save money, and flogging the rest to sell more high-fee products to generate more revenues for the firm. Morgan Stanley’s chief financial officer Ruth Porat confirmed this on a conference call with analysts this week by reportedly saying: “Greg Fleming [head of retail brokerage]…is focused on reducing the number of less productive FAs and that brings some cost savings.” Again, big brokerage firms keep track of what is produced for the firm, not what is produced for clients. CEO James Gorman seconded: “We are not focused myopically on our size but on the returns we generate for our shareholders.”

Continue reading "Why Wall Street has a Culture of Corruption" »

Liquidity concerns are swirling around Morgan Stanley. Worries of defaults by European banks or governments are eroding the value of its assets and derivatives contracts. Hedge funds are so concerned that they have begun to withdraw cash from their prime brokerage accounts at Morgan Stanley. In the face of these developments, Morgan Stanley is telling investors not to worry, that its liquidity is strong.

Continue reading "Is Morgan Stanley Telling the Truth about its Condition?" »

Morgan Stanley’s credit default swaps and bond yields are climbing, signaling that investors are concerned about the firm’s creditworthiness. The price of a credit default swap on Morgan Stanley represents the price demanded to insure its debt against default. The higher the price, the greater the risk the bank will default, in the eyes of its insurers. According to Moody’s Analytics, Morgan Stanley’s credit default swap price level implies a credit rating of Ba2, which is non-investment grade, speculative – aka junk. That is down from Ba1 (also junk level) a month ago and vastly below the high-grade rating of A2 assigned by Moody’s Investors Service (a different Moody’s company).

Continue reading "Storm Clouds Over Morgan Stanley" »

The crisis in confidence dragging down the economy and financial markets is multi-factorial, but surely a significant part of the problem is that you just can’t trust Wall Street financial institutions to tell the truth about their own financial health, according to John Carney’s CNBC.com article entitled “Wall Street’s Credibility Problem.” He cites Morgan Stanley’s assertion on September 29, 2008, two weeks after the bankruptcy of Lehman Brothers, that it had a “strong capital and liquidity position.” In fact, however, almost all of its available cash was borrowed from the Federal Reserve. The firm actually reached its borrowing peak of $107.3 billion on the very same day it said it had a “strong capital and liquidity position.”

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The current free fall in the stock market is likely to activated the ticking time bombs that are hidden away in some investors’ portfolios. These time bombs are embedded in a type of structured product called Reverse Convertible Notes or Reverse Exchangeable Notes. The problem has to do with the way these products are structured.

Continue reading "Reverse Convertible Securities More Likely to Become Toxic as Market Swoons" »

On July 27, 2011, the Staff of the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations published a report entitled “Staff Summary Report on Issues Identified in Examinations of Certain Structured Securities Products Sold to Retail Investors.” This report was based on the Staff’s review of eleven broker dealers that sell various structured securities: three large firms affiliated with bank holding companies that are issuers structured securities, on wholesale seller of structured securities issued by third parties, and seven smaller retail firms that also sell structured securities issued by third parties.

Continue reading "SEC Report Reveals Serious Abuses in the Sale of Structured Securities" »

The Financial Industry Regulatory Authority (FINRA) has issued an investor alert warning against chasing yield with structured products, junk bonds and floating-rate bank-loan funds. The alert was prompted by "significant recent inflows" into high-yield products. Investors may find enhanced yields attractive in the current market environment of low yields on conventional fixed-income investments and higher stock market volatility.

Continue reading "FINRA Warns Investors about Structured Products and Other Non-Conventional Securities" »

The Georgia Securities Commissioner has launched an investigation into sales of structured products called reverse convertible notes made by broker-dealer firms to Georgia residents. The brokerage firms under investigation include UBS AG, Morgan Stanley and Ameriprise Financial. The investigations were begun after the Commissioner received complaints from investors who lost money in these purportedly safe investments.

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Large Wall Street banks like Goldman Sachs, Morgan Stanley and others, are cutting compensation for big producers, not just laying off lower producers and back-office employees, and are requiring even the biggest producers to bring in more business for the same amount of compensation, according to a CNBC article entitled “Wall Street Slashing Pay—Even for Best Performers.”

Continue reading "Wall Street Pressures Brokers to Generate More Commissions" »

SEC Enforcement Chief Robert Khuzami recently stated that the SEC’s decision not to charge top executives of Wall Street banks with wrongdoing in cases involving structured products was appropriate, according to Suzanne Barlyn’s Wall Street Journal article entitled “SEC: Structured-Product Cases Haven’t Reached Top Bank Officers.” According to Mr. Khuzami, top executives were not involved in, and did not know about, the key decisions relating to structured product problems.

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The jobs crisis is starting to hit Wall Street banks and brokerage firms, according to a series of Wall Street Journal articles (“Wall Street Wielding the Ax,” by Aaron Lucchetti and Liz Rappaport; “Credit Suisse Set to Ax 600 Jobs,” by Katharina Bart; and “Here’s Why Wall Street Is Cutting Jobs”). A regulatory crackdown on high-risk proprietary trading is reportedly to blame. As the Wall Street Journal put it, “[a] longtime secret sauce on Wall Street – derivatives trading – is drying up.” In addition, less trading by retail and hedge fund clients means less fees and commissions are coming in.

Continue reading "Securities Industry Employment Disputes on the Increase as Wall Street Cuts Jobs" »

Investors in today’s markets, particularly seniors, are caught between extremely low interest rates and the risk of pursuing higher returns they want or need. Brokerage firms are capitalizing on that dilemma by selling structured products as a way to earn above-market returns purportedly without market risk. But as Robert Powel, editor of MarketWatch’s Retirement Weekly, points out in his article entitled “Investors warned about risky structured products,” structured product sellers routinely overstate the potential upside and understate the potential downside of these investments. The net result has been the rampant destruction of investors’ wealth.

Continue reading "What are Structured Products and Why are They so Dangerous?" »

Wall Street’s pay practices place financial advisors’ personal interests in direct conflict with the interest of their clients. This is one of many reasons that Wall Street firms oppose the adoption of a fiduciary standard that would require financial advisors to put their clients interest first.

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