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2010 January - Investor Insight - Subprime Losses
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Home > Blog > Archive for January, 2010

Archive for January, 2010

Ex-Credit Suisse Group Broker Gets Five Years

The verdict for Eric Butler is five years in prison for fraudulently selling risky auction-rate securities that ended up costing investors more than $1.1 billion in losses. The ex-Credit Suisse broker also was fined $5 million.

Butler was convicted of securities fraud and conspiracy to commit securities fraud back in August. At the time, prosecutors were seeking a 15-year prison sentence.

One month earlier, Butler’s partner - Julian Tzolov - pleaded guilty to fraud, conspiracy charges and bail-jumping after previously fleeing the country. His sentencing is set for April 27, 2010.

Prosecutors in the case accused Butler and Tzolov of trying to take in bigger commissions by convincing clients they were investing in safe, conservative securities backed by federally guaranteed student loans. The scheme began to backfire in the fall of 2007 as auctions for the investments started to fail.

Institutional investors in particular suffered millions of dollars in losses as a result of the former brokers’ actions. Among the companies affected: STMicroelectronics NV (which later sued Credit Suisse and was awarded $406 million by the Financial Industry Regulatory Authority), Potash Corp of Saskatchewan Inc. and Roche Holding AG.

The case against Butler marks one of the first criminal prosecutions related to the credit crisis.

Auction Rate Securities: What Now?

It’s bonus time on Wall Street, and individual and institutional investors of auction rate securities (ARS) should be up in arms. While the financial press reports that some of the nation’s biggest banks - including Goldman Sachs, Bank of America, JP Morgan Chase and Citigroup - have set aside billions of dollars in bonuses for 2009, untold numbers of ARS investors are still in dire financial straits. And they have been since February 2008, when the market for auction rate securities came to an abrupt standstill.

Today, investors  of auction rate securities are left with little recourse to recover their now-illiquid investments. They can attempt to unload the instruments, albeit at a loss, on the secondary market or file a complaint with the Financial Industry Regulatory Authority (FINRA.)

Either way, the same investment firms and banks that were taken to task by state and federal regulators for allegedly failing to disclose the risks associated with auction-rate securities are now patting themselves on the back with outrageous bonus packages.

When the auction rate market collapsed in February 2008, investors were hit hard. They couldn’t access their supposedly liquid investment, leaving many forced to postpone plans for retirement or pay other expenses.

Eventually, the ARS meltdown led many financial firms to reach settlements with state regulators to buy back auction rate securities from retail clients and some smaller businesses.

Larger institutional ARS investors, however, were not so lucky. They still hold billions of dollars worth of auction rate securities that can’t be sold or are sharply reduced in value.

Meanwhile, in letters sent Jan. 11 to eight major banks - Bank of America, Bank of New York Mellon, Citigroup, Goldman Sachs, JPMorgan Chase, Morgan Stanley, State Street and Wells Fargo - New York Attorney General Andrew Cuomo is requesting a slew of information about Wall Street’s 2009 bonuses. The banks have until Feb. 8 to respond.

Investors should pay close attention to their responses.

Our affiliation of lawyers is actively advising individual and institutional investors and evaluating their legal options concerning auction rate securities. Tell us about your investment losses; leaving a message in the Comment Box below or via the Contact Us form.

Auction Rate Securities Still A Problem For Institutional Investors

Auction rate securities continue to create financial havoc for many institutional investors, with businesses across the country fighting an uphill battle to recover billions of dollars that are still frozen in the instruments. As reported Jan. 2 by the Wall Street Journal, some 400 companies hold more than $20 billion of auction rate securities that can’t be sold or are sharply reduced in value.

As a result, those companies are pulling back their spending which, in turn, creates yet another drain in an already-depressed economy.

It was in February 2008 that the $330 billion market for auction rate securities met its demise. Investors were left without the liquidity they had been promised and, instead, faced a new reality altogether: To access their money, they could only sell their investments on the secondary market at a steep discount or hold onto the securities until they matured - a process that could take 20 years or more.

Since then, individual and institutional ARS investors accuse the investment firms and banks that sold them auction rate securities of misrepresenting the safety and liquidity of the products. The complaints eventually prompted a series of investigations by both state regulators and the Securities and Exchange Commission (SEC), which resulted in a number of settlements last year. Under the settlements, many of Wall Street’s major brokerage houses agreed to buy back auction rate securities from individual investors and small businesses. For the most part, however, larger institutional investors were left out of the buy-back deals.

One of those institutional investors is Abercrombie & Fitch. According to the WSJ article, the company has $230 million, or 33%, of its cash on hand tied up in the auction-rate securities it purchased from several banks, including UBS AG and Bank of America.

“If we had more cash, we’d be running different [business] models, with more stores and more inventory,” said Abercrombie & Fitch treasurer Everett Gallagher, in the WSJ story.

For other companies, lack of access to short-term cash means employee cutbacks. Nanophase, an Illinois business that provides molecular technology for floor coatings and sunscreens, has let go 12 of its 54 employees. The company says that auction-rate securities have tied up about half of its $8 million, money it needs for corporate expenses.

According to the Wall Street Journal, Nanophase survived 2009 in part by selling some of its auction-rate securities for 87 cents on the dollar.

Another ARS investor who is hurting is Bob Bridgeman. When Bridgeman sold a small New Jersey oil-change and car-wash business, he put his money into LandAmerica 1031 Exchange Services. The company enables small business owners to invest their cash tax-free. It turns out that LandAmerica invested its entire pool of about $200 million in auction rate securities. In November 2008, LandAmerica was forced to close its doors. On Sept. 9, 2009, it filed for bankruptcy reorganization, leaving investors like Bridgeman - who had more than $1 million in LandAmerica - with no access to their cash.

“It was a big portion of what I worked for my whole life,” Bridgeman, 60, said in the Wall Street Journal.

Our affiliation of lawyers is actively involved in advising individual and institutional investors in evaluating their legal options when confronted with subprime and other mortgage-related investment losses.

Consulting Services Group Sues Morgan Keegan

Consulting Services Group (CSG) is the latest investor to sue Morgan Keegan & Co. for losses suffered in several collapsed RMK funds. CSG filed its lawsuit on Dec. 22, naming Morgan Keegan, Morgan Asset Management, parent company Region Financial Corp., and James Kelsoe, former manager of the Morgan Keegan funds, as defendants. 

CSG’s complaint mirrors other lawsuits filed by hundreds of individual and institutional investors against Morgan Keegan and the bond funds. Among the laundry list of illegal actions that CSG cites in its lawsuit: Misrepresentation and suppression, fraudulent concealment, breach of fiduciary duty, intentional interference with business relationships and “negligent supervision and conspiracy in the underwriting, marketing and management” of the RMK Funds.

In addition, CSG alleges that Morgan Keegan and Kelsoe used “misrepresentation” and “fraudulent concealment” to keep CSG and its clients invested in the RMK funds even after Morgan Keegan reportedly knew the investments had become risky and were plummeting in value. 

“A complete collapse of the funds in the current market was only a matter of time,” the lawsuit reads. “By March 2008, the damage was done: All six of the (RMK) funds collapsed, causing many of CSG’s clients to lose most, if not all, of their investment.”

Losses in the Morgan Keegan funds have been significant, ranging from 51% to 86%.  Between March 2007 and March 2008, the funds lost $2 billion of their value. 

The six funds in question include the Regions Morgan Keegan Select High Income Fund, the Regions Morgan Keegan Select Intermediate Bond Fund, RMK High Income Fund Inc., RMK Strategic Income Fund Inc., RMK Advantage Income Fund Inc. and the RMK Multi-Sector Fund.

As reported Dec. 22 by the Memphis Business Journal, 78 cases involving the Morgan Keegan funds have been heard by arbitration panels with the Financial Industry Regulatory Authority (FINRA). Claimants in those cases have received approximately $7.6 million in awards. 

Memphis-based CSG provides investment advice to institutions, foundations, pension funds and wealthy investors. 

Our affiliation of lawyers is actively involved in advising individual and institutional investors in evaluating their legal options when confronted with subprime and other mortgage-related investment losses.