Page Perry

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. It’s true that the government claimed that he and another broker changed the names of securities on communications with clients to conceal the fact that the securities were not backed by federally guaranteed student loans, which is not something every broker who sold auction rate securities did. Nevertheless, the jury found the broker “guilty of securities fraud and two counts of conspiracy,” according to the article, and “securities fraud” is a charge widely associated with sales practices related to auction rate securities. In the words of the U.S. Attorney who prosecuted the case: “The defendant’s fraudulent misrepresentations saddled investors with unknown risks they did not bargain for’. [an allegation found in most civil lawsuits involving auction rate securities] This case shows that those who engage in such schemes will be held to account for their criminal activity.”