Investment Fraud Lawyer Blog

The Wall Street Journal reports that “hundreds of businesses are fighting to recover billions of dollars tied up in frozen auction-rates securities, a year after Wall Street firms agreed to $60 billion in settlements over the collapsed market for the investments.” See “Firms Fight Banks Over Billions in Frozen Notes,” WSJ 1/2/10. While regulators stepped in to help individual investors after the auctions froze in February 2008, many corporate and institutional investors did not benefit from settlements between banks, broker-dealers and the SEC, FINRA and state attorneys general. According to Atlanta attorney Craig T. Jones, investors were left holding about $330 billion in illiquid securities when the auctions froze, so $60 billion in settlements is only a drop in the bucket.”

Continue reading "The Auction Rate Securities Debacle Continues - Corporate America Takes on Wall Street" »

Huge recruiting bonuses for brokers may bode ill for customers. Large brokerage firms like Merrill Lynch and Morgan Stanley Smith Barney are offering some of the highest recruitment bonuses ever offered – up to 330% of their previous year's fees and commissions – to entice reps who rank among the top fifth of their firms' producers to come to work for them, reported Bruce Kelly in his November 15 InvestmentNews article, “Warring wirehouses add fuel to hiring fire.”

Continue reading "Wall Street Recruiting Packages Put Customers At Risk" »

Raymond James “long-suffering clients remain frozen in auction-rate securities hell,” says Gretchen Morgenson in her August 2 article in the New York Times called “Investors Without a Lifeline.” Raymond James misrepresented auction rate securities to retail investors as safe and liquid, just like many larger Wall Street firms that have settled with the regulators and agreed to buy them back. But Raymond James is refusing to buy back auction rate securities it sold to investors on the ground that it did not underwrite them, it just sold them. In its most recent quarterly filing, Raymond James further indicated that it lacks sufficient regulatory capital and borrowing power to buy back the securities, and says, if it were forced to do so, that “could adversely affect the results of operations,” according to the article.

Continue reading "Raymond James Ignores Customers to Whom it Sold Auction Rate Securities" »

The Securities Industry and Financial Markets Association, an important Wall Street lobbying group, has decided to support the Obama administration’s proposal to hold brokers to the same standard as a fiduciary when they provide investment advice, according to a recent report in The Wall Street Journal. While investors who sue their brokers have long argued, with considerable success, that a fiduciary duty arises whenever there is a relationship of trust and confidence between broker and investor, that determination is presently made on a case by case basis under laws that vary from state to state. A federal standard, which is more likely to pass now that it has been endorsed by the industry, would make it easier for investors to prevail in claims against brokers.

Continue reading "Wall Street Trade Association Supports Fiduciary Standard" »

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.

Continue reading "Investors Left Out of the Auction Rate Securities Regulatory Settlements Are Suing to Recover Losses" »

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?

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

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.

Continue reading "Regulators Require Financial Firms to Provide More Public Disclosure Regarding Customer Complaints" »

Investors who still hold auction-rate securities are facing many increasing problems, according to an article in today’s Bloomberg.com by Michael McDonald. Last February, the $330 billion market for auction-rate securities essentially froze when major Wall Street firms discontinued supporting auction-rate securities. A year later, investors are still stuck with as much as $176 billion of auction-rate securities that pay an average of 1.36%. Thus, it is apparent that many investors have been left out in the cold even after regulators forced some firms to buy back more than $50 million of auction-rate securities. Investors are stuck is because the market remains frozen and issuers either have no incentive to refinance or are unable to refinance. Many investors rightly complain that a large portion their liquid wealth is frozen and paying next to nothing in interest, and, while they may be able to liquidate their holdings in the secondary market, they can do so only if they accept less than what they paid for the auction rate securities.

Continue reading "Things Continue to Get Worse for Auction-Rate Securities Investors" »

Wells Fargo appears to be joining Raymond James and Stifel Nicolas in refusing
responsibility for its part in the auction-rate securities fiasco. Although many large underwriters and broker/dealers that sold auction-rate securities have already settled claims, Wells Fargo recently denied allegations of wrongdoing in a lawsuit filed by Washington State regulators. In the lawsuit, regulators seek payment of restitution or damages for customers who purchased some $3.9 billion of auction-rate securities from Wells Fargo. Wells Fargo, the biggest bank on the West Coast, is disputing the allegations, saying that, “the state’s claims and allegations do not accurately portray the facts.”

Continue reading "Washington State Sues Wells Fargo Over Auction-Rate Securities" »

Time may be running out on certain auction-rate securities claims. Some investors may need to act promptly if they wish to protect their rights. The laws of each state establish time limits (statutes of limitations) within which legal claims must be asserted. Those time limits vary from state to state. Claims not brought within the applicable statute of limitations may be disallowed. To be conservative, investors should assume the clock starts ticking on the date of the transaction in question (although discovery and tolling rules that delay the running of the clock may apply).

Continue reading "Tick-Tock: Spurned Auction-Rate Securities Investors Need to Monitor the Clock" »

Investors holding auction-rate securities (“ARS”) sold by Raymond James will have to initiate legal action against the firm to recoup their ARS losses or prepare for a long wait as they continue to hold the illiquid securities. Although under investigation from the SEC, the Florida Office of Financial Regulation and the New York Attorney General’s Office, Raymond James recently sent out a letter to its purchasers of ARS indicating that it refuses to buy back their securities due to lack of funds.

Continue reading "Raymond James Refuses Auction-Rate Securities Buyback - Leaves Its Clients "Out In The Cold"" »

Right before the stock market fell off a cliff in September, the news media were filled with stories about the regulators forcing investment banks to settle the claims of individual investors whose assets were stuck in frozen auction rate securities. It turns out, however, that many investors have fallen through the cracks.

Obviously, the largest group of investors that have been ignored are large institutional and corporate investors that have typically been excluded from auction rate settlements notwithstanding the fact that they were not provided with full disclosure and material information was withheld from them. Most of these investors will have to decide whether to take legal action in order to protect themselves and their shareholders.

Continue reading "Not All Auction Rate Securities Investors Are Getting Their Money Back" »

There will be some scary times for Wall Street firms in the months ahead according to Business Week writers David Henry’s and Mathew Goldstein’s September 8, 2008 article “More Trash Than Cash.” The writers portray a scenario that could result in tremendous chaos for both Wall Street firms and the capital markets. Christopher Whalen of Institutional Risk Analytics (a consulting firm) summarized the situation saying, “It’s really an ugly time, and it’s only going to get worse.”

Continue reading "Wall Street Firms Expected to Face Doom and Gloom in the Months Ahead" »

While regulators have announced tentative settlements with major Wall Street firms (Merrill Lynch, UBS, JP Morgan, Goldman Sachs, Morgan Stanley, Wachovia, Citigroup, and Deutsche Bank) that underwrote auction-rate securities, these settlements have not addressed the situation of thousands of investors that purchased auction-rate securities through smaller brokerage firms. Most of these smaller brokerage firms were primarily “distributors” of auction-rate securities as opposed to underwriters of the securities. They have not yet settled with regulators and have taken no apparent action to address their customers’ auction-rate securities complaints. Such firms include Oppenheimer, Fidelity Investments, Northern Trust, H&R Block Financial Advisors, SunTrust, Comerica, Stifel Nicolaus, Raymond James, and Wells Fargo.

Continue reading "Many Auction-Rate Securities Investors May Be Left to Fend for Themselves" »

Today the Securities & Exchange Commission and an auction-rate securities task force composed of various state regulators announced that they had entered into a tentative settlement with Wachovia which would require Wachovia to buy-back approximately $9 billion of auction-rate securities. This settlement is closely patterned after an earlier settlement entered into with UBS regarding its sale of auction-rate securities.

Continue reading "Wachovia Joins Auction-Rate Securities Settlement Parade" »

The state auction-rate securities regulators task force continued to pursue financial institutions involved in the auction-rate securities market aggressively. To date, state regulators have subpoenaed approximately 30 financial institutions over their auction-rate securities practices and continue to pursue investigations with all firms that have yet to settle. The states have already tentatively settled auction-rate securities claims against Citigroup and UBS. Moreover, the state task force has identified Morgan Stanley, JP Morgan Chase and Wachovia Securities as current targets of its investigation. In addition, Goldman Sachs, Bank of America, Wells Fargo, Lehman Brothers, RBC Capital Markets, and Raymond James are reported to be additional targets of the state investigations.

Recent reports indicate that the state task force is seeking regulatory settlements from each firm similar to those entered into by Citigroup and UBS. Under such arrangements, the brokerage firms would be required to repurchase all auction-rate securities that remain held by their retail customers (identified as individual investors, charitable organizations and small businesses having accounts of $10 million or less), reimburse such retail clients for any losses that they sustained by selling their auction-rate securities, set up a claims resolution process to address any unusual damages sustained by retail customers, and pay appropriate regulatory fines.

Under these precedents, the one group that has been largely unprotected is larger corporate, pension and other institutional clients who are essentially being left to fend for themselves. Under announced arrangements, the Wall Street banks are only undertaking to use their “best efforts” to assist such institutions in achieving liquidity for auction-rate securities that they still hold. Since there are no formal requirements on the Wall Street banks to satisfy the claims of institutional investors, such investors are being left to pursue their own remedies to recover damages, if any, that they have sustained.

Many auction rate securities investors are asking whether they should sell their illiquid holdings or should wait in hopes of their auction rate securities being refinanced or redeemed. Unfortunately, there is no one answer that is right for every investor. This article attempts to discuss various factors that investors may wish to consider in making their own decision. Among other things, we discuss the status of the market, describe relevant considerations and discuss the advantages of selling and of waiting. We also provide investors with information on what they can do if they are interested in selling their auction rate securities.

Continue reading "Should Investors Sell Their Illiquid Auction Rate Securities?" »

The subprime and credit crises affecting the economy have revealed an array of suitability abuses by Wall Street investment firms. While a rising stock market hides many abuses by brokerage firms, suitability abuses are more easily identifiable when times are tough. For example, many risk-averse investors with conservative objectives have recently discovered that they have sustained huge losses on unsuitable investments recommended to them as being very safe. Auction rate securities, short-term bond funds, AAA rated debt securities, and mortgage heavy mutual funds provide recent examples of suitability abuses.

Continue reading "Investor Suitability Claims on the Rise" »