January 24, 2010

Page Perry's Market Monitor - January 22, 2010

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 markets were closed on Monday for Martin Luther King Day.

• On Tuesday, the Dow Jones Industrial Average opened at 10,610 and soared 116 points.

• On Wednesday, the Dow Jones Industrial Average dropped 122 points.

• On Thursday, the Dow Jones Industrial Average fell 213 points.

• On Friday, the Dow Jones Industrial Average plunged 216 points and closed the week at 10,173.

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January 15, 2010

Wall Street Firms "Thumb Their Noses" at Taxpayers and Washington Politicians - Award Obscene Bonuses Anyway

How short their memories. Wall Street firms on the brink of failure until rescued by a controversial taxpayer bailout continue to show their unabashed greed by claiming entitlement to massive amounts of money earned on funds "invested" by American taxpayers. Without those bailouts, most, if not all the Wall Street firms would be bankrupt or teetering on failure. Nevertheless, undeterred by the rising anger on Main Street and the populist backlash in Washington D.C., and flush with record revenues of $449.6 billion, Wall Street firms are on track to pay over $145 billion in bonuses for 2009, according to the Wall Street Journal.

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January 10, 2010

Page Perry's Market Monitor - January 8, 2010

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 year at 10,428 and, on Monday, the market soared 156 points.

• On Tuesday, the Dow Jones Industrial Average dropped 12 points.

• On Wednesday, the Dow Jones Industrial Average gained 2 points.

• On Thursday, the Dow Jones Industrial Average rose 33 points.

• On Friday, the Dow Jones Industrial Average moved up 11 more points and closed the week at 10,618.

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January 4, 2010

The Auction Rate Securities Debacle Continues - Corporate America Takes on Wall Street

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.”

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November 22, 2009

Page Perry's Market Monitor - November 20, 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 10,270 and, on Monday, the market soared 136 points.

• On Tuesday, the Dow Jones Industrial Average rose 30 points.

• On Wednesday, the Dow Jones Industrial Average fell 11 points.

• On Thursday, the Dow Jones Industrial Average tumbled 94 points.

• On Friday, the Dow Jones Industrial Average dropped 14 points and closed the week at 10,318.

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October 25, 2009

Page Perry's Market Monitor - October 23, 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 9996 and, on Monday, the market rose 96 points.

• On Tuesday, the Dow Jones Industrial Average fell 51 points.

• On Wednesday, the Dow Jones Industrial Average dropped 92 points.

• On Thursday, the Dow Jones Industrial Average moved up 132 points.

• On Friday, the Dow Jones Industrial Average sunk 109 points and closed the week at 9972.

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July 29, 2009

Wall Street Trade Association Supports Fiduciary Standard

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.

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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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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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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 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 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 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 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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March 29, 2009

Page Perry's Market Monitor - March 27, 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 7278 and, on Monday, soared 497 points.

• On Tuesday, the Dow Jones Industrial Average fell 116 points.

• On Wednesday, the Dow Jones Industrial Average rose 90 points.

• On Thursday, the Dow Jones Industrial Average jumped 175 points.

• On Friday, the Dow Jones Industrial Average fell 148 points and closed the week at 7776.

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March 17, 2009

Wells Fargo's Auction-Rate Securities Problems Mount

Wells Fargo and its newly acquired affiliate, Wachovia Securities, continue to face a mountain of regulatory problems associated with their marketing and sale of auction-rate securities.

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February 20, 2009

Things Continue to Get Worse for Auction-Rate Securities Investors

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.

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January 21, 2009

Tick-Tock: Spurned Auction-Rate Securities Investors Need to Monitor the Clock

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).

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January 3, 2009

Page Perry's Market Monitor - January 2, 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:

• On Monday, the Dow Jones Industrial Average fell 32 points.

• On Tuesday, the Dow Jones Industrial Average advanced 184 points.

• On Wednesday, the Dow Jones Industrial Average rose 108 points and closed the year at 8776.39.

• On Thursday, the market was closed.

• On Friday, the Dow Jones Industrial Average rose 258 points and closed the week at 9035.

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