Investor Lawyers Blog

Schwab YieldPlus Fund Investors File Securities Class Action Lawsuit Alleging Marketing Misrepresentation in Funds’ Offering Documents

Published on: April 15, 2008 | by Shepherd Smith Edwards & Kantas, LLP

A class action law suit has been filed on behalf of those who bought Schwab YieldPlus Investor Funds Investor Shares and Schwab YieldPlus Funds Select Shares against the Schwab Corporation, the underwriter and investment adviser connected to the funds, and several Schwab officers and directors. However, many smart investors are instead seeking greater recovery by filing their own cases.

The investor plaintiffs in the class action claim the defendants misled them when they provided false statements about the funds’ lack of diversification and the degree to which the funds were exposed to subprime-backed securities. The plaintiffs say that the funds-marketed as a safe alternative to money market funds-actually had more than half of its fund assets invested in the mortgage industry.

The funds are down significantly. Through March 26, The Schwab YieldPlus Investor Fund (SWYPX) has fallen 17% , while the Schwab California Tax-Free YieldPlus Fund (SWYCX) has dropped by 9% . Investors say that the defendants were in violation of Section 11 of the Securities Act of 1933 when they misrepresented the funds to investors, marketing them with the goal of looking for high current income coupled with minimum share price changes.

Ameriprise Settles Lawsuit Alleging That Six of Its Financial Advisers Forged Customer Signatures

Published on: April 14, 2008 | by Shepherd Smith Edwards & Kantas, LLP

Ameriprise Financial says it will pay $3.8 million to settle a lawsuit with New Hampshire regulators accusing six of the company’s financial advisers of forging the signatures of at least 96 customers.

The signatures were allegedly forged to make it seem that certain financial plans had been delivered when in fact they had not been sent. The New Hampshire regulators say that the advisers did this to make it appear is if their sales numbers were higher than their actual figures.

Out of the settlement, $333,948 will reimburse investors and $250,000 will cover legal and investigation expenses.

16 State Farm Entity Representatives Settle FINRA Test-Taking Sanctions

Published on: April 10, 2008 | by Shepherd Smith Edwards & Kantas, LLP

The Financial Industry Regulatory Authority announced that 16 current and-ex State Farm VP Management Corp. registered representatives have settled charges of alleged misconduct regarding FINRA’s Continuing Education Requirements for taking tests. FINRA says that the representatives have agreed to fines ranging from $5,000 to $10,000 and suspensions from 30 days up to six months in length. One person agreed to a ban from working as a principal.

FINRA says that 9 of the 16 representatives were supervisors that allowed or directed subordinates to take State Farm’s ‘Firm Element’ proficiency test for them. One supervisor told a subordinate to take the test for other reps. The other six registered representatives that settled were the ones that took the test for others.

The SRO says State Farm did not know about the misconduct and self-reported after it discovered that there were irregularities taking place in one of its regions. State Farm began investigating the incidents. It then expanded its probe nationally and reported its findings to FINRA.

Rogue Fidelity Investment Adviser’s Prison Sentence is Vacated Due to Improper Application of “Identity Theft Enhancement”

Published on: April 8, 2008 | by Shepherd Smith Edwards & Kantas, LLP

The U.S. Court of Appeals for the Third Circuit says that a district court improperly applied an “identity theft enhancement” when calculating the prison sentence of Bryan Hawes, a rogue investment adviser who had pled guilty to two counts of mail fraud. As a result, Judge Marjorie Rendell vacated Hawes’s 6 ½ year prison sentence and remanded for sentencing.

Hawes is the owner and president of Financial Management Advisory Services (FMAS) and Financial Management Services (FMS) Inc. He is also a registered investment adviser. He became an authorized representative for Fidelity Investment Advisors Group in 1997.

According to the court, Hawes defrauded his investment adviser clients. Rather than fulfill the agreements he made to buy annuities for them, he would either keep the money or buy annuities but later liquidate them for his personal use.

The Association For Financial Professionals Wants SEC Chairman Cox To Push Harder For Reform Of Credit Rating Agencies

Published on: April 4, 2008 | by Shepherd Smith Edwards & Kantas, LLP

The Association for Financial Professionals is calling on Securities and Exchange Commission head Christopher Cox to use the SEC’s authority to push for the reform of the credit rating agencies.

In a letter from the AFP, CEO Jim Kaitz urged Cox to use the authority that Congress granted the SEC with the Credit Rating Agency Reform Act of 2006, which gives the SEC permission to hold the agencies accountable for providing timely and accurate ratings.

SEC Director of Trading and Markets Erik Sirri has said, however, that although the SEC can hold credit rating systems accountable for their ratings, it does not have the authority to interfere with the way that agencies assign ratings, which is a key issue that is impacting the current subprime mortgage market crisis.

Two Brazilian Nationals Indicted For Alleged Involvement In $50 Million Telemarketing Scheme

Published on: April 3, 2008 | by Shepherd Smith Edwards & Kantas, LLP

Two Brazilian nationals have been indicted on money laundering and other charges related to an alleged $50 million international penny stock scam that took money from many international investors.

The two defendants, Marcos Macchione and Rodrigo Molina, face charges of money laundering, conspiracy, and participating in illegal financial transactions. The two men reside in Florida and are being charged in connection with their involvement with the US part of the securities scam. A Florida jury handed out the indictment in the U.S. District Court for the Southern District of Florida.

Doron Mukamal, the alleged leader of the telemarketing securities scam, was also arrested. He lives in Brazil, as do his 17 partners, employees, associates, and money launderers that were also arrested.

ARS Failures at Brokerage Firms So Bad Even Their Own Association is Critical!

Published on: April 2, 2008 | by Shepherd Smith Edwards & Kantas, LLP

The Financial Industry Regulatory Authority (FINRA) conjures thoughts of jack-booted cops looking to “perp-walk” those who take advantage investors. Yet, FINRA is just the new name of the National Association of Securities Dealers. The NASD was, and FINRA is, a non-profit organization of all securities dealers, with a structure similar to a country club, which fines or expels those who embarrass its membership.

Yet, even FINRA is critical of its members for mishandling auction rate securities (ARS). For example, in a press release, FINRA acknowledges that “Investors who purchase ARS are typically seeking a cash-like investment that pays a higher yield than money market mutual funds or certificates of deposit.” This confirms, despite objections by firms, that investors believed they were getting liquid instruments, not 20 to 30 year obligations or even “no maturity” preferred shares

“If you need your money in a hurry, loss of liquidity is a financial hardship,” states John Gannon, FINRA’s Senior Vice President for Investor Education. “We want investors who have been affected by the recent auction failures to know what options are available to them.”

Merrill Lynch Sues Insurer for Failing to Honor Claims Opening Door to Mysterious “Swaps” Market

Published on: April 1, 2008 | by Shepherd Smith Edwards & Kantas, LLP

Merrill Lynch & Co. has publicly opened the door to what many believe could be an even larger problem to the credit markets than the widely publicized sub-prime mortgage debacle – the little understood and sledom discussed “swaps” market.

Perhaps the world’s most high-profile financial firm, Merrill – itself a frequent complainer about lawsuits – has filed a monster of a suit in a New York court against bond insurer Security Capital Assurance Ltd. (SCA). Merrill Lynch sued the insurer alleging it failed to honor seven contracts promising to cover losses on $3.1 billion in “credit swaps,” after which SCA filed a countersuit against Merrill for $28 million. .

Merrill claims SCA walked away from signed insurance contracts guaranteeing Merrill against losses. SCA counterclaims that Merrill broke a stipulation in one of the contracts which entitles SCA to terminate all the agreements and collect damages. (Perhaps Merrill is getting a taste of what many us have experienced: an insurance company happy to collect premiums but which later relies on a technicality to avoid payment.)

UBS Securities, Bank of America, and Merrill Lynch Among Firms Subpoenaed In Massachusetts Auction-Rate Market Sales Probe

Published on: April 1, 2008 | by Shepherd Smith Edwards & Kantas, LLP

Massachusetts Secretary of the Commonwealth William Galvin is subpoenaing Merrill Lynch, Pierce, Fenner, & Smith Inc., UBS Securities, and Bank of America Investments because it wants information about the companies’ involvement in selling auction-rate market securities to retail investors. The companies are all registered Massachusetts broker dealers. Galvin issued the subpoenas on behalf of the Massachusetts Securities Division.

The division wants to determine whether the firms followed proper procedures in letting Massachusetts investors know of the possibilities that their investments could become illiquid. The state is also trying to determine what role big investment banks played in causing the auctions to fail and whether the investments sold to retail investors were suitable.

Many of the investors that bought auction market securities cannot get their money because the securities are frozen. Small business owners and individual investors have been especially hurt by the failures in the auction market because of the subprime mortgage collapse.

Auction-Rate Securities to be Priced this Weekend by UBS – Others to Follow?

Published on: March 28, 2008 | by Shepherd Smith Edwards & Kantas, LLP

After weeks in limbo, some holding auction rate securities may gain some insight about their fate this weekend as UBS reports it will be “pricing” ARS securities in its customers’ accounts.

Brokerage firms and other financial institutions sold many ARS securities as comparable to money market funds, commercial paper and other liquid investments. Investors were later shocked to learn that the auctions “failed,” they were unable to sell securities and given little if any guidance in evaluating their situation. Many have been told their securities retain their “full value” but they would have to wait on their funds.

Perhaps realizing that this sham can go on no longer, using an internal model to value the securities, UBS will reportedly mark these down this afternoon and inform clients of such valuations via their online statements. Markdowns will apparently range from a few percentage points to more than 20%. Many believe that a portion of ARS securities are worth far less.