Articles from August 2009



Inspector General Criticizes SEC Oversight of Credit Ratings Firms

 

The SEC’s inspector general, David Kotz, released a report last Friday finding that the SEC failed to properly do its job of overseeing credit rating firms. However, based on an August 29 Wall Street Journal article (“SEC Criticized on Raters”) by Sarah N. Lynch, Mr. Kotz’s report apparently focused on the applications of smaller firms, [...]

Page Perry’s Market Monitor – August 28, 2009

 

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following: The Dow Jones Industrial Average opened the week at 9506 and, on Monday, moved [...]

Investor Sues Nuveen, Merrill, Citigroup and Deutsche Bank over Auction Rate Securities

 

A retired securities lawyer and his wife have filed suit in the U. S. District Court for the Middle District of North Carolina over losses they sustained as a result of investing in preferred stock auction rate securities issued by Nuveen Investments. Auction rate securities are debt instruments — in this case preferred stock– for [...]

Regulators Issue Warnings about Leveraged Exchange-Traded Funds (ETFs) and Other Toxic Investments

 

The North American Securities Administrators Association (NASAA), the organization of state securities regulators, has published its annual list of top 10 investor traps to avoid. NASAA identified Leveraged Exchange-Traded Funds (ETFs), real estate investment schemes, private placement offerings, natural resources investments, and Ponzi schemes as the greatest potential threats to investor safety. Regarding leveraged ETFs, [...]

The SEC Simply Does Not Have Sufficient Resources To Do Its Job

 

The Securities and Exchange Commission is outmanned and outgunned by the folks it is trying to police, according to an August 20 article in the Wall Street Journal by Tom McGinty and Kara Scannell. The SEC turned over daily surveillance of the markets to the markets’ own self-regulatory organizations (“SROs”) long ago. Now, under pressure [...]

Despite Assurances to Investors, Schwab Doesn’t Want to Play by the Rules

 

Charles Schwab’s recent article in the Wall Street Journal, entitled “Brokers Aren’t Responsible for Bad Bets,” is a cynical attempt to change the subject that compares very unfavorably with the intellectual honesty of Warren Buffet, according to Susan Antilla in her August 21 article in Bloomberg.com. Mr. Schwab’s article was in response to a lawsuit [...]

How Much did Securities America Really Know about Problems at Medical Capital Holdings?

 

According to a recent article in InvestmentNews, a former executive of Securities America feared a “panicked run on the bank” for clients who held securities issued by Medical Capital Holdings Inc. On July 16, the SEC charged Medical Capital Holdings Inc. with fraud related to the sale of $77 million of private securities.

Page Perry’s Market Monitor – August 21, 2009

 

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following: The Dow Jones Industrial Average opened the week at 9321 and, on Monday, dropped [...]

State Street’s Subprime Woes Continue

 

Reuters reports that the State Street Corporation, a financial services holding company, may not have enough money to pay fees and penalties stemming from lawsuits centered on risky investments the firm made.

Auction Rate Securities Class Action Dismissed When Brokerage Firm Buys Back Holdings of Investor

 

Northern Trust Securities, Inc. has succeeded in obtaining the dismissal of a class action filed against it by Aimis Art Corp. arising out of the sale of auction rate securities, reported Liz McKenzie in her Law360 article entitled “Northern Trust Escapes Investor’s ARS Action.” Aimis filed the lawsuit on September 17, 2008. On September 29, [...]

More Investor Claims Focus on Sales of Preferred Stocks Issued by Financial Institutions

 

Investors are bringing an increasing number of legal claims against brokerage firms as a result of inappropriate sales of preferred stocks issued by financial institutions. For example, Merrill Lynch has been hit with an arbitration claim filed by an elderly couple that lost $650,000 in the preferred stocks of financial companies according to Sue Asci [...]

Securities Regulators Questioned about Dropping the Ball

 

The Financial Industry Regulatory Authority (“FINRA”), the regulator of broker-dealers and protector of investors, allegedly failed to investigate the sworn testimony of a former Stanford broker, in 2003, that the Stanford Financial Group, a FINRA broker-dealer, was “engaged in a Ponzi scheme to defraud its clients,” according to recent articles by Reuters, published by the [...]

Bad News for Brokerage Firms that Sold Auction Rate Securities

 

Brokerage firms who sold auction rate securities had to feel a jolt if they read Chad Bray’s recent article in the Wall Street Journal (“Broker Convicted in Auction-Rate Case”). A jury convicted a former Credit Suisse broker of a crime ? subject to 45 years in prison ? after less than a day of deliberation. [...]

Small Brokerage Firms Are Attracting Big Firm Traders

 

Smaller securities firms that trade their own capital are recruiting the risk-takers that major Wall Street firms are letting go, according to an August 11 article in the Wall Street Journal by Aaron Lucchetti. These firms received no government bailout money and are not subject to tougher regulation and compensation oversight reserved for the major [...]

Page Perry’s Market Monitor – August 14, 2009

 

There have been various developments over the past several weeks which investors may consider relevant in allocating their resources or evaluating alternatives that are available to them. Some of the more significant developments include, but are not limited to, the following: The Dow Jones Industrial Average opened the week at 9370 and, on Monday, dropped [...]