| When it comes to the
stock market, risk and deliberate fraud are two different things.
This central argument won New York Attorney General Eliot Spitzer a $1.4
billion agreement with Wall Street's ten largest brokerage firms.
Spitzer gathered internal documents showing that stock analysts such as
Salomon Smith Barney's Jack Grubman publicly rated some stocks a "buy"
while privately saying the company would under-perform. In an
email obtained by investigators, Grubman told colleagues one such
recommended company was really a "pig". These Wall Street firms
issued these "tainted" research reports because of lure of big fees from
investment banking services the Wall Street firms could offer the
companies being rated. These conflicts of interest rendered
"independent" analysts mere spokesman for the companies who stocks were
rated.
Damages from misleading and fraudulent stock recommendations were
felt in nearly every American home. Millions of small investors
lost billions of dollars. Personal savings, IRAs and 401K accounts
evaporated as high-flying stocks lost 90% or more of their value in less
than 3 years. While stock prices remain low, clients may be able
to recover some of their losses through suits against the investment
houses.
The Spitzer agreement, though large by Securities and Exchange
Commission standards, recovered only a fraction of the money lost on bad
investments. SEC Chairman William Donaldson told a May 7th hearing
of the Senate Banking Committee that the settlement will also help
investors who seek to recoup losses through civil lawsuits and private
arbitration claims.
"What (Merrill Lynch) did was shift risk to unknowing investors"
while the firm collected its fees up front, Spitzer said...and that's
fraud. 5/7/03 Columbus Dispatch (Ohio).
Brokerage houses such as Merrill Lynch, Citicorp, Morgan Stanley and
CSFB (Credit Suisse First Boston) are already named in dozens of
lawsuits. The issues involve companies whose names became familiar
in many households such as GoToDotCom, Excite@Home, eToys, Internet
Capital Group, CMGI, Corp, Lycos, Ubid and many others.
Further government investigation is likely to disclose more evidence
to support the claims.
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