ALABAMA
SECURITIES COMMISSION
770 WASHINGTON AVE, SUITE 570
MONTGOMERY, ALABAMA 36130-4700
Telephone: (334) 242-2984 or 1-800-222-1253. Fax: (334)
242-0240
Email: asc@asc.state.al.us. Website:
www.asc.state.al.us
FOR IMMEDIATE RELEASE
Alabama to receive $5,000,000 in Wall
Street Historic
Settlement Requires Brokerage Houses to pay Fines, Fund Independent Research
and Investor Education
CAPITAL CITY (April 28, 2003) – Under the terms of a
settlement announced today between securities regulators and Wall Street
firms, Alabama stands to receive over
$5,000,000 upon final acceptance of the terms of the agreement. The settlements
result from allegations of conflicts of interest at brokerage houses where
analysts recommended stocks due to improper influence from their investment
banking colleagues.
Joseph P. Borg, Director of the Alabama Securities
Commission, said, “This historic agreement represents the closing of a sad
chapter in the history of our financial markets. The industry reforms agreed
upon in this settlement will provide for more objective research and stronger
protections for investors.
Borg, who was president of the North American Securities
Administrators Association[1]
(NASAA) when the states joined resources to undertake the investigation said,
“It’s our hope that this settlement will change the way business is done on
Wall Street and that as a result wary and mistrustful investors will return to
our markets.”
Under the terms of the settlement the firms are also
required to distribute $30 million over a period of five years to the Investor
Protection Trust (IPT). The money will be used to fund investor education
initiatives on the state and national levels. The IPT is an established
charitable organization with experience handling settlement funds and a history
of investor education successes. A
designated amount of this will be allotted for financial education programs in
Alabama.
Current NASAA President Christine Bruenn, Securities and
Exchange Commission Chairman William H. Donaldson, New York Attorney General
Eliot Spitzer, NASD Chairman and CEO Robert Glauber, New York Stock Exchange
Chairman and CEO Dick Grasso, and the lead state securities regulators announced
the completion of the enforcement actions at a press conference at the SEC
today, implementing the global settlement in principle reached and announced by
regulators last December. The Alabama
Securities Commission was one of the 10 lead states investigating Wall Street
with federal co-regulators.
- more -
That settlement followed joint investigations by the
regulators of allegations of undue influence of investment banking interests on
securities research at brokerage firms, and the enforcement actions announced
today track the provisions of the December global settlement in principle.
The ten firms against which enforcement actions are being
announced today are:
·
Bear, Stearns
& Co. Inc. (“Bear Stearns”)
·
Credit Suisse
First Boston, LLC (“CSFB”)
·
Goldman Sachs
& Co. (“Goldman”)
·
Lehman Brothers,
Inc. (“Lehman”)
·
J.P. Morgan
Securities, Inc. (“J.P. Morgan”)
·
Merrill Lynch,
Pierce, Fenner & Smith, Incorporated (“Merrill Lynch”)
·
Morgan Stanley
& Co. Incorporated (“Morgan Stanley”)
·
Citigroup Global
Markets Inc. f/k/a Salomon Smith Barney, Inc. (“SSB”)
·
UBS Warburg LLC
(“UBS”)
·
U.S. Bancorp Piper
Jaffray Inc. (“Piper Jaffray”)
Alabama is committed to the settlements negotiated by the
lead states[2] and
unanimously recommended by the NASAA Board of Directors. We look forward to
reviewing the documents as they are received. We are optimistic that the review
will confirm that the interests of our residents are well served by this
settlement and hope to have it approved shortly.
In 2001 and early 2002,
Congress and the SEC were examining the issue of analyst conflicts of interest.
In April of 2002 The New York Attorney General's office announced an
enforcement action against Merrill Lynch based on internal emails it uncovered
that showed analysts were pressured to issue bullish stock recommendations to
please investment banking clients. Soon afterwards, regulators from the states,
industry self-regulatory organizations and the SEC formed a joint task force to
investigate Wall Street's leading investment banks. In December regulators
announced an agreement in principle with the firms. Today’s announcement marks
the finalization of that agreement.
See chart on next
page: Payments in Global
Settlement Relating to Firm Research and Investment Banking Conflicts of
Interest
- more -
Payments in Global
Settlement Relating to
Firm Research and Investment
Banking Conflicts of Interest
Firm |
Retrospective Relief * ($ millions) |
Independent Research ($ millions) |
Investor Education ($ millions) |
Total ($ millions) |
Bear
Stearns |
50 |
25 |
5 |
80 |
CSFB |
150 |
50 |
0 |
200 |
Goldman |
50 |
50 |
10 |
110 |
J.P.
Morgan |
50 |
25 |
5 |
80 |
Lehman
|
50 |
25 |
5 |
80 |
Merrill
Lynch |
100** |
75 |
25 |
200 |
Morgan
Stanley |
50 |
75 |
0 |
125 |
Piper
Jaffray |
25 |
7.5 |
0 |
32.5 |
SSB |
300 |
75 |
25 |
400 |
UBS |
50 |
25 |
5 |
80 |
Total
($ millions) |
875 |
432.5 |
80 |
$1,387.5 |
* Fines and disgorgement funds.
**Payment
made in prior settlement of research analyst conflicts of interest with the
states securities regulators.
April
28, 2003
The Director of the Alabama Securities Commission (ASC) cautions potential investors to thoroughly check out any investment opportunity. Contact ASC for inquiries regarding securities broker-dealers, agents, investment advisors, investment advisor representatives, financial planners, the registration status of securities, to report suspected fraud, or obtain consumer information:
ALABAMA
SECURITIES COMMISSION
770 WASHINGTON AVE, SUITE 570
MONTGOMERY, ALABAMA 36130-4700
Telephone: (334) 242-2984 or 1-800-222-1253. Fax: (334)
242-0240
Email: asc@asc.state.al.us. Website:
www.asc.state.al.us
###
If you have questions or require more information contact:
Daniel G. Lord, Education and
Public Affairs Manager
[1] Organized in 1919, the North American Securities Administrators Association (NASAA) is the oldest international organization devoted to investor protection. We are a voluntary association whose membership consists of 66 state, provincial, and territorial securities administrators in the 50 states, the District of Columbia, Puerto Rico, Canada, and Mexico. In the United States, NASAA is the voice of the 50 state securities agencies responsible for efficient capital formation and grass roots investor protection.
[2] AL, AZ, CA, IL, MA, NJ, NY, TX, UT, WA