August 28, 2010

Raymond James' Auction Rate Securities Problems Mount

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Raymond James & Associates, Inc. and one of its registered representatives to pay $925,000 to a Texas couple who purchased $1.4 million of municipal auction rate securities issued by Jefferson County, Alabama, according to August 26th articles in InvestmentNews by Bruce Kelly (“Raymond James pays more auction rate claims”) and in the Wall Street Journal by Suzanne Barlyn (“Raymond James Forced to Buy Back Securities”).

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August 23, 2010

Georgia Court Upholds $4.1 Million Damage Award Against SunTrust Robinson Humphrey for Terminating and Defaming a Broker who Sold Auction Rate Securities

On July 30, 2010, Judge Michael D. Johnson of the Superior Court of Fulton County, Georgia, confirmed and upheld a December 2009 award issued by an Atlanta-based Financial Industry Regulatory Authority (FINRA) arbitration panel ordering SunTrust Robinson Humphrey, Inc. (SunTrust) to pay over $4.1 million in damages (including punitive damages, attorneys’ fees and costs) to a former registered representative based on a claim of wrongful termination and malicious defamation in annotating the claimant’s Form U-5 (a regulatory filing) to indicate that he had been “permitted to resign” for “failure to follow firm sales practice policy.”

After the award was issued, SunTrust filed a motion to vacate (i.e., throw out) the award, which Judge Johnson denied at the same time that he confirmed the award.

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August 4, 2010

Arbitration Panel Renders an $80 Million Award Against UBS for Improper Sales of Auction Rate Securities

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered UBS AG to pay $80.8 million to a Maryland cellphone marketer for lost profits when its cash was frozen in auction-rate securities in early 2008, according to an August 4, 2010 Wall Street Journal article by Randall Smith, “UBS to Pay $80 Million in Auction-Rate Case.”

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July 18, 2010

Bondholders Sue Citigroup for Misrepresntations Regarding CDOs and Other Toxic Securities

A United States District Court judge has ruled that a class action may proceed against Citigroup and others for making an array of material misrepresentations and omissions in public offering materials associated with bonds purchased by the plaintiffs (Reuters, “Judge Rules Bondholders Can Pursue Citigroup Suit,” July 12, 2010).

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June 12, 2010

Arbitrators Hammer Credit Suisse Again for Improper Sales of Auction Rate Securities

Catalyst Health Solutions, a provider of pharmacy benefit management services, has won a $9.8 million FINRA arbitration award against Credit Suisse in connection with student loan-backed auction rate securities. This is one of several successful arbitrations brought against Credit Suisse by investors since the auctions for such securities froze in early 2008, leaving thousands of investors holding billions of dollars worth of illiquid securities. The particular securities involved in the Catalyst award were backed by student loans; other awards, including a 2009 $431 million award in favor of STMicroelectronics and a May 2010 award ordering Credit Suisse to buy back the securities it sold to Luby’s Restaurants LP, involving auction rate securities backed by municipal bonds or preferred shares.

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June 5, 2010

Wall Street Abuses Have Significantly Increased the Economic Problems Currently Faced by State and Local Governments

In “Paying a price for risky schemes,” Atlanta Journal Constitution reporter Russell Grantham presents an excellent overview of how at least a dozen metro governments and nonprofits that issued debt were whipsawed by the “shadow banking system” – the freezing of the auction rate securities markets and complex derivative contracts called swaps. As a result, they have been forced to pay or owe as much as $394 million that they did not expect to, according to the article, which identifies the borrowers as:

“Atlanta airport, Atlanta water/sewer, Underground Atlanta, Children’s Healthcare of Atlanta, Piedmont Healthcare, Woodruff Arts Center, Georgia Tech, Georgia State University, DeKalb Medical Center, Emory University, Gwinnett Medical Center, Marietta, MARTA, Power South Energy Cooperative, and Cobb County Kennestone Hospital Authority. “

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April 13, 2010

Investors Are Winning Cases Against Wall Street Banks

On April 8, 2010, the Wall Street Journal ran an article under the headline “Banks Winning When Investors Sue.” However, that article only told part of the story.

According to Craig T. Jones, a lawyer who represents investors at the Atlanta law firm of Page Perry LLC, “the Journal article was focused on lawsuits filed in court, primarily class actions in federal court. But the vast majority of individual investors who make claims against banks and broker-dealers do so in arbitration, and investors have won a higher percentage of securities arbitrations over the past year than they have in years past.” Jones, whose firm handles investment fraud cases all over the country, points out that recent changes in federal law have made it more difficult to sue in federal court, and class action reform legislation over the last several years has made it tougher for investors to bring such cases. “Big class actions get a lot of press,” says Jones, “and a disproportionate number of those have been thrown out on technical grounds due to new procedural requirements, but getting a case thrown out on a technicality should not be taken as a vindication of the banking industry for the abuses that led up to the financial crisis.”

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March 18, 2010

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

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

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

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

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

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

March 8, 2010

Auction Rate Securities Abuses Contribute to State's Financial Woes

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

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March 3, 2010

Former UBS Executive Settles Regulatory Auction Rate Securities Action

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

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March 2, 2010

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

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

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February 16, 2010

JP Morgan Sued For Auction Rate Securities Losses

Cellular South Inc. has filed a federal lawsuit in Mississippi against JP Morgan Securities for misrepresenting the risk and liquidity of auction rate securities, leaving $4 million in securities that it cannot liquidate. Auction rate securities are fixed-income debt instruments – typically municipal bonds, preferred shares of closed end mutual funds, or asset-backed securities collateralized by student loans or mortgages – for which the interest rate is regularly reset through an auction process. Auction rate securities were once routinely marketed as safe, cash equivalents that were highly liquid, but the broker-dealers who sold them failed to disclose that liquidity was entirely dependent upon the success of the auction process, which was being artificially supported by the undisclosed participation of brokers bidding in auctions where they had an interest. The Cellular South suit alleges that JP Morgan manipulated the market by failing to disclose that it was supporting the auctions, thereby creating the false appearance of stability and liquidity in the auction rate securities market.

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January 25, 2010

Broker Sentenced for Fraud in Selling Auction Rate Securities Issued by CDO's

Former Credit Suisse broker Eric Butler, who was convicted of fraud by a New York federal court jury in August, was sentenced last week to five years in federal prison. Along with former Credit Suisse colleague Julian Tzolov, Butler was accused of making misrepresentations in the sale of auction rate securities, claiming that they were backed by federally-insured student loans when in fact they were backed by high-risk collateralized debt obligations, or CDOs. Prosecutors alleged that Butler and Tzolov had switched their clients to the CDO-backed securities because they paid higher commissions.

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January 18, 2010

Citi Settles $72 Million Lawsuit Involving Auction Rate Securities

Two months ago we reported that Citigroup Global Markets, Inc. had asked a New York court to dismiss a $72 million lawsuit filed against it by KV Pharmaceutical Co. Last week it was announced that Citi had agreed to settle with KV.

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January 5, 2010

SunTrust Hit with $4.1 Million Damage Award for Terminating and Defaming a Broker who Sold Auction Rate Securities

An Atlanta-based Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered SunTrust Robinson Humphrey, Inc. (SunTrust) to pay over $4.1 million in damages (including punitive damages, attorneys’ fees and costs) to a former registered representative based on a claim of wrongful termination and malicious defamation in annotating the claimant’s Form U-5 (a regulatory filing) to indicate that he had been “permitted to resign” for “failure to follow firm sales practice policy.” The claim arose out of the sale of Trapeza V, LLC Auction Rate Preferred Securities. The claimant was a 19-year veteran of SunTrust. The case is Lance R. Beck v. SunTrust Robinson Humphrey, Inc., FINRA Case No. 08-02482.

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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 30, 2009

Dow Corning Files Another Auction Rate Securities Lawsuit

Dow Corning Corp. has filed its second lawsuit in a month over losses suffered by the company due to auction rate securities. The latest Dow suit, filed against Merrill Lynch in federal court in New York, alleges that Merrill misled the company about the safety and liquidity of the auction rate securities market. According to the complaint filed by Dow’s lawyers, the company invested $166 million in failed auction rate securities due to Merrill’s misrepresentations between 2005 and 2008.

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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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November 11, 2009

BB & T Sued over Auction Rate Securities Abuses

Dow Corning Corp. has filed a federal lawsuit against BB&T bank for misrepresenting the risk and liquidity of auction rate securities, leaving Dow Corning with $667 million in securities that it cannot sell. Auction rate securities (ARS) are debt instruments for which interest or dividends are regularly reset through a Dutch auction. Auction rate securities were once routinely marketed as safe, cash equivalents that were highly liquid, but the broker-dealers who sold them failed to disclose that liquidity was entirely dependent upon the success of the auction process, which was being artificially supported by the undisclosed participation of brokers bidding in auctions where they had an interest. The Dow Corning suit, filed in federal court in New Jersey, alleges that the bank and its brokerage subsidiary either misstated or failed to disclose material facts about the safety and liquidity of the investment, even as BB&T knew that the market was collapsing.

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October 30, 2009

Credit Suisse Sued Again over Auction Rate Securities Abuses

Roche International has sued Credit Suisse for over $270 million in losses that the drug company incurred after the bank’s brokers invested $545 million of its money in auction rate securities. Roche’s Credit Suisse relationship managers were Julian Tzolov and Eric Butler, who are now serving federal prison sentences for securities fraud in connection with auction rate securities. In its lawsuit, Roche alleges that it was among Tzolov and Butler’s victims, accusing them of investing the company’s money in risky auction rate securities while claiming it was invested in highly liquid, government-backed student loan securities.

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