Investor Lawyers Blog

SEC Cannot Order Former Rauscher Pierce Broker to Compensate Investors for Losses, Says Court

Published on: January 19, 2010 | by Shepherd Smith Edwards & Kantas, LLP

According to the U.S. Court of Appeals for the District of Columbia Circuit, the Securities and Exchange Commission cannot order former Rauscher Pierce Refsnes Inc. broker Michael Siegel to uphold an award of restitution to investors who sustained financial losses as a result of his alleged broker misconduct. Siegel worked as a general securities representative for the financial firm from October 1997 to June 1999.

In 2002, NASD’s Department of Enforcement charged Siegel with “selling” away and making inappropriate recommendations to certain investors. Specifically, the investors that the alleged violations involved are Dorothy and Barry Landry and Linda and Huntington Downer, who invested in World Environmental Technologies Inc. The NASD has accused Siegel of recommending that they invest in World ET without reasonable cause for why doing so would be appropriate for them. To discipline him, NASD ordered Siegel to serve two six-month suspensions. They also fined him $30,000.

While the NASD disciplinary committee did not order restitution, an NASD appeals panel did. He was told to pay $100,000 to the Landers and $303,000 to the Downers. Siegel appealed but the SEC affirmed the appeals panel’s decision.

Dismissal of Lone Star’s $60 Mortgage-Backed Securities Texas Fraud Action Against Barclays is Affirmed by Federal Appeals Court

Published on: January 17, 2010 | by Shepherd Smith Edwards & Kantas, LLP

The U.S. Court of Appeals for the Fifth Circuit has affirmed the dismissal of LSF5 Bond Holdings LLC and Lone Star Fund V (U.S.) L.P.’s $60 million securities fraud claims against Barclays Capital Inc. and Barclays Bank PLC. The court noted that Barclays never represented that the mortgage pass-through certificates purchased by the private equity firms did not have delinquent mortgages. Also, the court said that seeing as the language used in the parties’ agreement obligated Barclays to substitute or repurchase delinquent representation, Lone Star failed to allege misrepresentation.

In 2006, Barclays bought mortgage loans from then-subprime lender New Century Capital Corp. Barclays then pooled about 10,000 mortgage loans into the BR3 and BR2 Trusts. The trusts then gave out pass-through certificates or mortgage-backed securities. $60 million of the securities were bought by LSF5.

Although trust offerings supplements and prospectuses included representations and warranties that as of “transfer service dating” the mortgage pools did not have any 30-day delinquencies, Lone Star found that nearly 300 of the BR2 mortgages were at least 30 days delinquent beginning the date of purchase. 850 mortgages in the BR3 Trust were also over 30 days overdue.

Lone Star filed a Texas securities fraud lawsuit against Barclays claiming that the delinquent loans were misrepresentations on the investment bank’s part. Barclays sought to have the lawsuit dismissed, arguing that if there were delinquent loans then Barclays must either substitute or repurchase them.

The district court turned down Lone Star’s remand request and agreed with Barclay’s interpretation of the language in the agreement. The court dismissed the case. The appeals court upheld the dismissal.

Related Web Resources:
Lone Star Fund V (U.S), LP et al v. Barclays Bank PLC et al, Justia Federal District Court Filings and Dockets
Read the 5th Circuit Opinion (PDF)
Continue Reading ›

For Role in $2.4 Billion Refco Investor Fraud Scheme, Former Mayer Brown Partner Receives 7-Year Prison Sentence

Published on: January 15, 2010 | by Shepherd Smith Edwards & Kantas, LLP

Joseph P. Collins, a former Mayor Brown partner, has been sentenced to seven years in prison for his role in a $2.45 billion investment fraud scheme involving Refco Inc. He had hoped to obtain a more lenient sentence.

In July 2009, a jury found Collins guilty of wire fraud and securities fraud, as well as conspiracy to commit wire fraud, securities fraud, money laundering, bank fraud, and making false filings with the SEC. During his criminal trial, his defense attorneys argued that he did not know about the Refco fraud scam. However, while Southern Judge Patterson said that he believes Collins did not commit his crimes out of greed, Patterson noted what he called the firm partner’s “excessive loyalty” to his biggest client. According to Assistant U.S. Attorney Christopher J. Garcia, Collins brought in over $40 million to his law firm from his work with Refco.

Collins provided legal counsel and drafted documents that Refco principals used to conceal the company’s actual financial state while they made themselves wealthier. The government says that the documents were used to defraud Thomas H. Lee Partners, which owned a majority stake in Refco, and investors who purchased IPO shares in 2005.

Number of FINRA Arbitration Claims Rose in 2009 Following Market Crisis

Published on: January 13, 2010 | by Shepherd Smith Edwards & Kantas, LLP

According to FINRA dispute resolution president Linda Fienberg, the market turmoil of the last two years has led to an increase in the number of arbitration cases filed, as well as a change in the the kinds of claims that are submitted. Fienberg made her statements before the DC bar.

7,134 arbitration files were submitted last year-a definite increase from the 4,982 arbitration cases filed the year before and the 3,238 arbitration cases submitted in 2007. Fienberg said that the number of cases filed goes up when stock prices go down. For example, when the dotcom bubble burst, nearly 9,000 arbitration claims were submitted in 2003.

Fienberg told the group that in the wake of the auction-rate securities crisis, more large corporations filed claims over frozen assets last year. The last two years also saw an increase in claims over mutual funds, making this type of fund the most common security cited in arbitration cases.

Schwab YieldPlus and Morgan Keegan RMK Funds Among Worst Mutual Fund Disasters of the Last Decade, According to US News & World Report

Published on: January 11, 2010 | by Shepherd Smith Edwards & Kantas, LLP

US News and World Report says that the first decade of the 21st Century for fund investors got worse after the dotcom bubble burst in 2000. The media publication picked its 10 worst fund disasters:

Reserve Primary Fund: Investors scrambled to cash in shares after the fund’s price sank to over $1/share on September 16, 2008. According to US News & World Report, the Reserve Primary Fund’s biggest mistake was relying too much on Lehman Brothers, which left the fund with $785 million in worthless bonds when Lehman collapsed. Meantime, other funds found themselves in trouble as panic spread. Three days later, the federal government said it would temporarily insure money market funds.

Market timing scandal of 2003: Funds were accused of illegal late trading and front running that showered favor on more influential investors-leaving ordinary retail investors in a state of mistrust toward the institutions they had turned to for securing their retirement savings. Bank of America, Janus, Putnam, and PBHG were just a few of the financial firms accused of market timing, though the practice appeared to have permeated the entire fund industry to some extent.

SunTrust Robinson Humphrey Ordered to Pay $4.1 Million to Former Institutional Salesperson for Alleged Defamation and Wrongful Termination

Published on: January 7, 2010 | by Shepherd Smith Edwards & Kantas, LLP

A FINRA arbitration panel is ordering SunTrust Robinson Humphrey, Inc. to pay $4.1 million to a former institutional salesperson who claims he was defamed in a regulatory filing and wrongfully terminated. SunTrust Robinson Humphrey is the corporate and investment bank services unit of SunTrust Banks, Inc.

Lance B. Beck, who worked for the company 19 years and sold debt securities, claims he was slated to gross more than $3 million when, following the auction-rate securities market collapse, he was let go. According to a regulatory filing for the former institutional salesman, his case against his former employer involves a $2.9 million ARS transaction with a institutional customer. SunTrust later decided to repurchase the securities.

Beck is accusing SunTrust of making disclosures on his Form U5 that were “devastating,” and prevented him from getting hired by other companies or take his book of business with him. Beck wanted certain language in the form, which brokerage firms have to submit to regulators when a broker leaves the company, expunged.

Investors of Robert Bentley Ponzi Scam Suffer Setback as Court Overturns $32.7 Million Verdict Against Brokerage Firm and Investment Bank

Published on: January 6, 2010 | by Shepherd Smith Edwards & Kantas, LLP

On Monday, the victims of Robert Bentley’s $1 billion Ponzi scam suffered a setback when a federal appeals court overturned a $32.7 million jury verdict against Peninsula Bank of Delray Beach, its ex-executive vice president, Joseph Marzouca, Southeastern Securities, Inc., and its president Theodore Benghiat. The defendants are accused of helping to keep Bentley’s Ponzi scheme going.

Per court documents, Entrust Group and Bentley Financial Services Inc. misled investors by making them believe they were buying federally insured CD’s when they were actually buying unregistered IOU’s. David H. Marion, the receiver of Bentley’s companies in Paoli, Pennsylvania, says the Ponzi scam would have fallen apart much sooner without the defendants’ help.

The jury found that the brokerage firm and the bank either helped or conspired with Bentley to defraud investors. They said Southeastern Securities and Benghiat should pay almost $19.7 million and Peninsula and Marzouca should pay approximately $13.1 million.

Number of Ponzi Scam Collapses Increased Significantly Last Year

Published on: January 4, 2010 | by Shepherd Smith Edwards & Kantas, LLP

The number of Ponzi scams that fell apart increased by nearly four times in 2009, compared to the year, before resulting in over $16.5 billion in investor losses. This figure comes from the Associated Press, which analyzed Ponzi schemes in all US states.

Additional findings from the AP analysis:

• Over 150 Ponzi schemes fell in 2009 • 40 scams collapsed in 2008 • Allen Stanford’s $7 billion international Ponzi scam and Scott Rothstein’s $1.2 billion scheme were among the larger plots that fell apart last year
Bernard Madoff’s $65 billion Ponzi scam wasn’t calculated into last year’s figures because he was arrested at the end of 2008.

In addition to increased enforcement efforts, the economic collapse can be credited with the discovery of many schemes that may have otherwise gone undetected. The number of people willing to invest in new ventures went down in 2009 while current investors rushed to pull out their money. As Ponzi scammers rely on new investors to not only pay the old investors but also fund their expensive lifestyles, many schemes collapsed. The discovery of Madoff’s Ponzi scam has also made investors more wary and regulators more alert.

Another scam of note is Tom Petters’ $3.65 billion scheme. Petters used Petters Group Worldwide, LLC to run his Ponzi scam. He is in prison waiting to receive his sentence. He could be sentenced to a life prison term.

In 2009, the Federal Bureau of Investigation opened over 2,100 securities fraud probes. That’s 350 more investment fraud investigations than the number of investment probes that were opened in 2008. The FBI had 651 agents working on high-yield investment fraud investigations last year. Also in 2009, the US Securities and Exchange Commission issued 82% more restraining orders against securities fraud cases than they did in 2008. Ponzi scams now compromise 21% of the SEC’s enforcement workload-up from 9% in 2005.

The number of civil actions (31) that the Commodity Futures Trading Commission filed last year has more than doubled since 2008. Many securities fraud cases from last year have not yet gone to trial.

Related Web Resources:
AP: Ponzi collapses nearly quadrupled in ’09, Yahoo, December 28, 2009
2009: The Year of the Ponzi, ABC News
Charles Ponzi
Continue Reading ›

Goldman Sachs Executives Sued by Pension Fund Over Bonuses

Published on: December 31, 2009 | by Shepherd Smith Edwards & Kantas, LLP

A shareholder derivative complaint filed by Security Police and Fire Professionals of America Retirement Fund and Judith A. Miller Living Trust is accusing Goldman Sachs Group Inc. executives of breaching their fiduciary duties for failing to modify the investment firm’s compensation policies according to the best interests of shareholders.

Goldman’s usual policy is to place 44-48% of its net revenue in employee compensation, which includes bonuses. The plaintiffs say these breaches were even greater this year because of federal funding that the investment bank received in 2008 and 2009. According to the complaint, this means that although the firm’s revenues are not related to employee performance, Goldman executives are still being rewarded for corporate performance.

Goldman Sachs is expected to pay its employees about $22 billion (including bonuses) this year. Now, the plaintiffs are seeking to recover billions of dollars in compensation.

Goldman Sachs was the recipient of a $10 billion TARP loan. Pension fund officials claim the investment firm’s revenue for the year can largely be attributed to taxpayer money. In 2008, Goldman generated $29 billion in cash by issuing debts that the Federal Deposit Insurance Company had insured. It then obtained money from contractual counterparties that got their assets from taxpayers.

Meantime, Goldman Sachs says the claim is without merit. Earlier this month, the investment firm announced that its 30 most senior executives would receive their bonuses in the form of restricted stock instead of cash.

Goldman Sachs CEO Lloyd Blankfein is one of the executives named as defendants in the lawsuit.

Related Web Resources:
Read the Shareholder Derivative Complaint (PDF)

Pension fund sues Goldman over executive pay, Pensions and Investments, December 15, 2009 Continue Reading ›

Judge Rejects ‘Fat Cat’ JPMorgan Chase’s $9,122 Bill for Producing Subpoenaed Documents

Published on: December 29, 2009 | by Shepherd Smith Edwards & Kantas, LLP

A judge has turn down JPMorgan Chase‘s request that a petitioner pay the investment bank $9,122 for providing subpoenaed documents to confirm an arbitration award. Instead, Judge Arthur Schack issued an 11-page ruling granting just $1.250.27 to JPMorgan Chase for producing 18,248 pages.

The investment bank had sought to bill Abraham Klein, who was granted a multimillion-dollar arbitration award against Caring Home Care Agency and Christine Persaud, $.25/page at $25/hour for 182 hours of research. JP Morgan Chase said it cost $4,550 to find and retrieve the documents and $4,580 to print them.

Schack called the astronomical bill an example of greed among Wall Street’s ‘fat cat bankers.’ He noted that the court does not serve as a collection agency for making rich bankers even richer and called JPMorgan Chase head James S. Dimon the investment firm’s “fattest cat,” considering that he was compensated almost $20 million last year.

Schack reduced JPMorgan Chase’s bill by lowering the quoted hourly fee to $6.55, which is Indiana’s minimum wage. He also awarded the investment bank 1 cent/ page based on page prices found on major stationary supplier Web sites. He also said that because JPMorgan Chase posted 16,317 of the 18,248 pages online, rather than printing them, the bank should receive payment for labor and not supplies for those pages.

Klein says that not only did JPMorgan Chase seek reimbursement for documents it never produced, but also it sent over thousands of documents that hd did not request. JPMorgan Chase is denying the allegations.

There have been too many occasions involving investment banks that have sought to take financial advantage of investors and other clients. You can obtain compensation for the financial harm that you have suffered.

Related Web Resources:
Judge Slashes ‘Fat Cat’ Bank’s Bill for Subpoenaed Documents, Law.com, December 28, 2009
Courts See Recession’s Toll; Judge Schack Strikes Again, The Wall Street Journal, December 28, 2009
Obama Slams ‘Fat Cat’ Bankers, Wall Street Journal, December 14, 2009
Judge Arthur Schack, NY Courts Continue Reading ›