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Can you get your money back if you own LEH, AIG shares?

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The bankruptcy of Lehman Brothers Holdings Inc. (NYSE: LEH), the sale of Merrill Lynch & Co. (NYSE: MER) and the strain on American International Group Inc. (NYSE: AIG) have put an unprecedented strain on the financial system. Investors looking for a way to recoup their losses are probably out of luck.

If you lost money owning shares of financial services companies, odds of getting your money back are remote. To prevail in an arbitration hearing, investors need to prove fraud such as the broker bought stock without their knowledge, bought stock just to generate commissions (churn), bought it knowing that it was unsuitable, or misrepresented the risks of the investment. These claims are all difficult to prove and even if an investor is victorious, there is no guarantee they will get a full refund.

According to New York securities attorney Mark Astarita, arbitration cases take between 14 and 18 months to resolve. Investors win about 50% of the time. "Stocks go down every day," he said when we spoke earlier today. "There needs to be wrongful conduct" to win a case.


The picture for people worried about their brokerage accounts is brighter. Broker-dealers are required by both SEC regulations and the law to be members of the Securities Investor Protection Corp., which protects customers' money in a manner similar to the way the Federal Deposit Insurance Corp. protects depositors at banks. The SPIC, however, works to return consumers' money if a brokerage firm goes out of business or experiences other sorts of financial difficulties. It won't bail out investors if their investments tank.

Chances are that many investors have no one to blame but themselves for the plight of their portfolio. Many people fail to properly diversify their holdings. They chase short-term gains without taking into account the long-term consequences.

Also, be leery of people offering simple answers to complicated questions such as whether financial stocks have hit a bottom. The scariest part of this market meltdown is how much we don't know.

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Last updated: November 09, 2009: 09:43 PM

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