The Wall Street Journal reports that the $330 billion auction rate securities (ARS) scandal, which since February has frozen the funds of investors who thought they were getting a low risk place to park their cash, has finally generated its first criminal probe. The charge is that two Credit Suisse brokers lied "to investors about how they placed their money into short-term securities."
I have been following the ARS scandal since February when I first became aware of the situation. Since then, my post has generated 5,036 comments from people whose money has been frozen thanks to the collapse of the weekly auctions that were intended to set the yields on these municipal bonds. These commenters are trying to team up to figure out how best to get back their money.
The Journal reports that the Justice Department's U.S. attorney's office for New York's Eastern District, represents the first known criminal matter stemming from the crumbling ARS market. Up until then, the lawsuits were of a civil nature -- seeking class-action status and more than 80 individual arbitration claims. But a criminal probe based on lying could result in cash damages and jail terms for these brokers.
The Journal reports that the two brokers, Eric Butler and Julian Tzolov, resigned from Credit Suisse on September 7, 2007, after being accused by clients that the brokers told them the ARS were backed by student loans rather than complex collateralized debt obligations (CDOs). Butler and Tzolov joined Morgan Stanley (NYSE: MS) after Credit Suisse fired them.
Morgan Stanley fired these two hot potatoes on Monday. No word on whether Morgan Stanley knew why they were fired from Credit Suisse. Either Morgan Stanley knew and didn't care or they didn't know. In any case, their hiring makes it look like Wall Street doesn't consider lying to clients about their investments to be a big problem. It just becomes a problem when it leads to bad publicity and potential legal fees.
I welcome comments from those who can explain why they keep their money with a commissioned broker.
Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter
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Reader Comments (Page 2 of 2)
8-22-2008 @ 4:09PM
supershef said...
Hi, I'm a reporter with a leading newspaper, looking to speak with people who believe that they were mis-sold ARS by Fidelity and other smaller brokers. Fidelity has said they were not "actively marketing" these securities. If you are someone who can shed light on this issue, please email me at supershef@gmail.com.
Thanks