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Home > Blog > Archive for the “Auction Rate Securities” Category

Archive for the “Auction Rate Securities” Category

FINRA Orders ARS Buyback For Raymond James Financial

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Raymond James Financial to buy back $2.5 million in auction-rate securities (ARS) from investor Greg Merdinger.

According to a July 27 Wall Street Journal article, Merdinger filed a claim in June 2009 against Raymond James & Associates and Raymond James Financial Services on allegations of breach of fiduciary duty and contract. In the addition to the $2.5 million ARS buyback, FINRA awarded Merdinger $86,000, plus 5% interest on the $2.5 million until Raymond James buys back the securities.

FINRA’s ruling stated that Merdinger initially wanted to invest in money-market funds, but changed his mind based on recommendations from Raymond James. Instead, Raymond James advised him to invest in auction-rate securities, which it said were safer. In making the recommendation, Raymond James concealed the risks associated with the products, FINRA said.

When the market for auction-rate securities collapsed in February 2008, Raymond James continued to advise Merdinger to buy auction-rate securities. As reported in the Wall Street Journal article, copies of emails showed that financial managers at Raymond James realized there were problems in the auction-rate market long before its ultimate collapse.

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.

Credit Suisse Winds Up On Losing End In More Auction-Rate Securities Cases

More institutional investors are coming out on top in their cases involving auction-rate securities. Last month, a Financial Industry Regulatory Authority (FINRA) arbitration panel awarded $9.8 million to Catalyst Health Solutions in its auction-rate securities case against Credit Suisse Securities.

Catalyst Heath Solutions, which manages prescription drug benefits, is just one of many institutional investors to take legal action against Credit Suisse after the ARS market came to an abrupt standstill in February 2008. Following the market’s collapse, institutional and retail investors alike were left financially hammered, unable to liquidate their supposedly liquid investments.

Ultimately, regulatory settlements were reached with a number of broker/dealers that marketed and sold auction-rate securities to investors. Most of the agreements, however, benefited retail ARS holders, not institutional investors.

In 2009, another institutional investor, STMicroelectronics NV, also successfully won its case against Credit Suisse when a FINRA arbitration panel ordered the brokerage to pay STMicroelectronics NV more than $406 million to settle claims that it misled the semiconductor maker into buying auction-rate securities.

On May 27, 2010, FINRA again ruled in favor of an investor’s arbitration claim against Credit Suisse. This time, the panel found Credit Suisse liable to Luby’s Inc. Specifically, FINRA ordered Credit Suisse to buy back the auction-rate securities at par and to pay interest on them at the par purchase price of 6% per annum from and including May 29, 2010, through and including the date the award is paid in full.

According to Luby’s Feb. 10, 2010, quarterly filing, the company held $7.1 million par value or $5.2 million fair value in auction-rate securities.

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.

Investor Wins Auction-Rate Securities Case Against Credit Suisse Securities

A Financial Industry Regulatory Authority arbitration panel has ordered Credit Suisse Securities to pay an institutional investor - Catalyst Health Solutions - $9.8 million in a case tied to auction-rate securities backed by student loans.

Credit Suisse Securities is the U.S. broker/dealer unit of Credit Suisse Group. Catalyst Health Solutions is a Rockville, Md., company that manages prescription drug benefits. Catalyst filed its case last year, accusing Credit Suisse of fraud, negligence and selling unsuitable investments.

For the past two years, retail and institutional investors have been waging legal wars against Wall Street over auction-rate securities. The problems began in February 2008 when the $330 billion ARS market abruptly came to a standstill, leaving investors who thought their money was as liquid and safe as cash in severe financial straits.

Following investigations by state and federal regulators, a number of Wall Street firms agreed to buy back ARS holdings from retail clients. The majority of institutional investors, however, were left of the equation.

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.

FINRA Probes Thomas Weisel Over Auction-Rate Securities

Auction-rate securities are once again in the news - this time, the spotlight is on Thomas Weisel Partners Group. Specifically, the San Francisco-based investment bank faces a regulatory probe by the Financial Industry Regulatory Authority (FINRA) in connection to sales of $15.7 million in auction-rate securities.

According to a May 18 story in Investment News, a former employee of Thomas Weisel Partners sold auction-rate securities to three clients in January 2008, just before the ARS market collapsed. That employee, Stephen Brinck, allegedly was “stuffing” auction-rate securities into client accounts without getting their permission, according to FINRA. The actions allegedly were done to pay corporate bonuses.

The Investment News story also states that the ARS sales occurred “only days” after Brinck and Thomas Weisel told customers they were selling auction-rate securities because of concerns about the ARS market.

Thomas Weisel says it intends to “defend the FINRA proceeding vigorously.”

Following the demise of the auction-rate securities market, financial firms have bought back more than $50 billion in auction-rate securities from investors and some small businesses in order to settle claims with federal and state regulators.

Brinck worked for Thomas Weisel from August 1999 until August 2008.

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.

Citigroup’s Sale Of Auction-Rate Securities Puts Hawaii In A Bind

Like many states, Hawaii has been hit hard from investments in auction-rate securities. Two years after the market for the instruments collapsed, Hawaii has lost about $250 million in market value on $1 billion in student-loan securities initially sold by a single Citigroup broker as a “cash substitute.” The story was first reported March 4 by Bloomberg.

Hawaii can’t find a buyer for the securities, half of which were purchased eight months before the ARS market crashed from Honolulu broker Pete Thompson.

According to the Bloomberg story, the deal transpired while Citigroup was increasing brokerage commissions and traders were being told to “make sure all hands are on deck” and to “do whatever is necessary” to dispose of auction-rate bonds as signs of the market’s demise began to appear.

Auction-rate securities have been the root of financial problems for hundreds of thousands of individual and institutional investors for more than two years. The nightmare began in February 2008 when the $330 billion ARS market came to a standstill after the Wall Street banks that underwrote the securities abruptly pulled back their support.

Meanwhile, purchasers like Hawaii - which were under the impression that auction-rate securities equaled a cash substitute - have been left with few options. They could sell the instruments but only at a considerable loss.

According to Bloomberg, an end-of-the year valuation from Citigroup showed that securities with a face value of $1 billion were worth about $752 million.

“It was represented to us that these were liquid investments that we could get out every seven to 10 days,” said Scott Kami, an administrator at Hawaii’s Finance Department, in the Bloomberg story.

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.

Morgan Keegan: Legal Costs Mount Over Investors’ Claims

Legal expenses have skyrocketed for Morgan Keegan & Company, the Memphis-based broker that has been the subject of countless lawsuits and arbitration claims over losses suffered by investors in several Morgan Keegan bond funds. The funds plummeted in value due to investments in toxic mortgage-related securities.

As reported Feb. 25 by Investment News, Morgan Keegan’s legal bills equaled 12% of the firm’s total revenue last year. That’s double from 2008. In total, the company spent more than $160 million in “professional and legal fees” last year on revenue of $1.28 billion, according to the Investment News article.

Recent big wins for investors have added to Morgan Keegan’s growing legal fees. Earlier this month, an arbitration panel of the Financial Industry Regulatory Industry Authority (FINRA) ruled against Morgan Keegan, awarding separate claims of $2.5 million and $1.1 million to investors.

Adding to Morgan Keegan’s legal woes has been ongoing scrutiny from securities regulators. The Securities and Exchange Commission (SEC) and FINRA both recently issued Wells Notices to Morgan Keegan, a move indicating that disciplinary action could be in the company’s future. In the SEC filing, the action stemmed to the group of Morgan Keegan bond funds. Another Wells notice was filed in connection to auction rate securities sales.

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. Leave a comment in the box below or via the Contact Us form. We want to counsel you on your legal options.

Former UBS Broker Settles Charges Tied To Auction-Rate Securities

Former UBS executive David Shulman has agreed to pay a $2.75 million fine over insider trading charges connected to auction-rate securities sales and be suspended from employment by a broker or dealer until next January. He was suspended by UBS in July 2008.

“While thousands of UBS customers received no warning about the auction-rate securities market’s serious distress, David Shulman - one of the company’s top executives - used insider information to take the money and run,” said New York Attorney General Cuomo in a press statement. “From the start, our prime goal has been to get investors their money back.  But let there be no mistake - when corporate executives unlawfully take advantage of their positions, we will hold them accountable.”

Cuomo announced the settlement with Shulman on Feb. 18. Shulman is the second UBS executive to settle with Cuomo’s office thus far. To date, Cuomo’s investigation into auction-rate securities has reached agreements with 13 broker/dealers and produced more than $60 billion in repurchases of investors’ ARS holdings.

Shulman was accused of selling off $1.45 million of his personal investments in auction-rate securities in December 2007 after he learned that UBS’ own auctions were hitting a snag. On Dec. 11, one of Shulman’s employees e-mailed him that the group was “very concerned” about certain issues related to UBS’ student loan auction-rate program and its continuing support for that program.  In that e-mail, the employee stated that “the auction product is flawed.”

On Dec. 12, records show that one of Shulman’s employees forwarded an e-mail to Shulman with a subject line of “stud loans,” and warned Shulman that “the auction product does not work … our options are to resign as remarketing agent or fail or ?” In another e-mail that same day, the employee advised Shulman in no uncertain terms that with respect to UBS’ student loan auction-rate securities, “the entire book needs to be restructured out of auctions.”

Finally, on Dec. 13, Shulman instructed his broker to immediately sell his holdings in student loan auction-rate securities, before the upcoming auctions could occur.  Later that day, Shulman’s ARS holdings were sold via inter-auction directly to the UBS Short Term Trading desk.

Coincidentally, the Short Term Trading desk was under Shulman’s supervision.  Shulman’s broker mentioned Shulman by name when he called the desk to place the trades. This was the first and only time Shulman sold auction rate securities inter-auction.

Our affiliation of lawyers is actively involved in advising individual and institutional investors in evaluating their legal options when confronted with significant investment losses.

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.

Dow Corning Sues Merrill Lynch Over Auction Rate Securities Losses

Dow Corning Corp. has filed another ARS lawsuit - this one against Merrill Lynch over a $166 million loss in auction rate securities. The lawsuit, filed Nov. 20, alleges that Merrill Lynch misled the silicone supplier about the safety and liquidity of the instruments and the ARS market, which collapsed in February 2008.

This is the second lawsuit that Dow Corning has filed over losses in auction rate securities. The first complaint was filed Nov. 7 against BB&T Corp. and alleged that the North Carolina bank falsely represented the safety and liquidity of $667 million in auction rate securities that Dow previously purchased. According to the complaint, Dow bought the ARS bonds from 2005 to February 2008 after BB&T touted the investments as a “highly liquid, highly rated and secure investments that were equivalent to cash.”

The latest lawsuit involving Merrill Lynch is Dow Corning Corporation et al v Merrill Lynch & Co, U.S. District Court for the Southern District of New York, No. 09-9697.

Tell us about your situation with auction rate securities by leaving a message in the Comment Box below or via the Contact Us form. You may have a viable claim for recovery of your investment losses.