Investment Fraud Lawyer Blog

The prospect of several more years of extremely low interest rates is causing people who depend on interest income to accept Wall Street’s recommendations to purchase relatively illiquid and opaque alternative investments like structured products, non-traded REITs, hedge funds and variable annuities. (“Itchy Investors Ramp Up the Risk,” Wall Street Journal). Regulators worry that the increased risks associated with such investments are not being explained to investors.

Continue reading "Chasing Higher Yields Involves Taking Greater Risk" »

The Financial Industry Regulatory Authority (FINRA) reported that fines for false advertising have more than quadrupled from $4.75 million in 2010 to $21.1 million in 2011. FINRA found that a big part of that problem involved inaccurate or fraudulent internal communications. Firms were misleading their own brokers by telling them that structured products and other securities were not risky when, in fact, they were very risky. The brokers would then unintentionally mislead their customers by passing along the false information supplied by their firms. (“Finra enforcement actions, fines way up,” InvestmentNews).

In addition, fines more than doubled for suitability violations from $3.75 million in 2010 to $7.7 million in 2011. The number of enforcement actions also doubled. The suitability violations often involved structured products. FINRA is reportedly looking at whether firms are satisfying the two-prong requirement that (1) the firm and brokers perform proper due diligence to determine whether a product is suitable for investors in a general sense, and (2) whether it is a suitable recommendation for each particular purchaser.

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Could Wall Street’s role in creating the recent financial crisis boil down to something as simple as a conditioned reflex? Apparently so, according to William D. Cohan, a former investment banker. Cohen writes: Wall Street “rewards bankers and traders for the revenue they generate by constantly selling whatever comes across their desks, regardless of its quality, is terribly, terribly broken. People are simple: They do what they are rewarded to do, and they will continue to do that over and over again until they are rewarded to do something else.” “Cohan: Wall Street Confesses to Bonus Culture Ills.”

Continue reading "Wall Street Compensation Systems are the Roots of Many Evils" »

The regulatory eye in the sky (the SEC) has apparently locked onto private equity firms, sensing valuation problems and conflicts of interest. Generally, private equity firms purchase troubled companies with mostly borrowed funds, cut costs, improve operations, and sell them for a profit, taking a management fee (typically 1.5% to 2.0%) in the interim, plus 15% to 20% of any profits. Private equity firms and how they do business made news recently in the Republican primary presidential debates.

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