Smaller RRs Being Forced Out

Rabu, 22 April 2009 0 komentar
Since I spend a fair amount of my time representing brokers who are changing firms, the fact that the wirehouses are dumping small producers is not news to me, or to my colleagues who work in this arena.

I have blogged about this in the past, here for example, and
Registered Rep has an article today detailing the size and scope of these terminations. According to the article, UBS is cutting over 2,000 employees in its wealth management group, many of them advisors - to the great concern of producers at less than $300,000. Merrill changed its grid in December, cutting payouts in half for $200,000 producers.

As a businessman, I understand the cuts. It is difficult for a firm the size of UBS or Merrill to support a rep who produces less than $300,000, and while they won't say it, quite frankly, they do not want those reps.

They will however, be quite pleased to keep their assets, and the part of the story that goes unsaid is that the firms in fact work hard to keep the assets after they force the small producer out.

We have been dealing with the ramifications of ever-decreasing payouts for smaller reps for years. Because of such tactics, brokers need to leave their firms, which can multiply the problems. Now, in addition to dealing with a 50% cut in payouts, the departing rep needs to deal with an upfront loan that becomes payable when he resigns.

It truly is a difficult spot, and one that is not easy to work out of. The firm cuts the broker's income in half, but still expects to be paid the full amount of the loan, and insists on compliance with the non-compete and non-solicitation aspect of the loan documents.

Of course, given the Broker Recruiting Protocol, the solicitation threats may be hollow whining, but these brokers truly are getting the short end of the stick, and many are fighting back, retaining lawyers and filing arbitrations for breach of contract. And, at the same time, taking their book and going independent, or becoming investment advisors.

The promissory note or EFL cases are not easy to win, but the outrageous nature of the situation that the firms are putting some of these reps in puts an equitable gloss on the claims that have some appeal.

The smaller RRS may truly have the last laugh, since the payout at an independent can be multiples of the reduced payouts at the wirehouses - with similar platforms and products.




Criminal Probes into Bailout Funds

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Why am I not suprised. The LA Times reports that there are 20 different criminal probes ongoing of corruption in the $750 billion financial bailout program. The probes are looking into securities fraud, insider trading, tax violations and other crimes.

Unfortunately, there should be no surprise to the statement that TARP funds were "inherently vulnerable to fraud, waste and abuse" but why is that? Why couldn't the government, with all its resources, and 750 billion dollars at risk, take steps to insure accountability and the safety of those funds. Is the government really this dumb?

And why is the intelligence of the government becoming a recurring question. The taxpayers are becoming more and more disenchanted with our government leaders, with the constant "mistakes" and mis-steps that have led us into this recession, and which may very well have allowed billions of dollars to be wasted.

Prosecute the criminals, get the money back, of course. But what about the accountability of the politicans and federal staffers who allowed this to happen?

Is there any accountability for this nonsense?

http://www.latimes.com/news/nationworld/nation/la-na-tarp-fraud21-2009apr21,0,2443377.story?track=rss


Smith Barney Loses 2,500 Reps; Recruits Heavily

Selasa, 21 April 2009 0 komentar
While losing over $40 billion in client assets and over 2,500 advisors, Smith Barney continues to heavily recruit new advisors. Smith Barney is offering 240% of trailing 12 in order to attract those new advisors.

Naturally, those advisors need to carefully review and negotiate those employment agreements and promissory notes. Smith Barney is not just giving away that 240%.

Smith Barney Losing Advisors, Client Assets.


SEC eyes whether BofA broke law on Merrill bonuses

Kamis, 16 April 2009 0 komentar
So, you are about to merge with a competitor. You need shareholder approval of the merger. The competitor has 27 billion dollars in losses, and is about to pay its employees 3.6 billion in bonuses, right before the merger.

And you don't disclose that bonus payment to your shareholders? Hmmm, maybe 3.6 billion was not material............

SEC eyes whether BofA broke law on Merrill bonuses

Financial Pros Jumping the TARP Ship

Rabu, 15 April 2009 0 komentar
Law firms like mine, that represent financial professionals and firms, have seen a significant upswing in the number of brokers and analysts who are changing firms. With some firms offering over 200% of a broker's trailing 12 as a foregivable loan, this is really not surprising.

Many brokers would have a difficult time rejecting an offer that gave them similar products, platforms and working conditions plus a check for 200% of their last 12 months production. Of course, wire houses are not all the same, and there are significant issues to be resolved in the agreements surrounding such a move. But 200% in a check is a significant amount of money, regardless of what your trailing 12 has been.

That trend appears to be moving to other financial professionals, and we are seeing analysts starting to move. Many Merrill professionals were not happy about the move to Bank of America, and other firms, notably UBS, grabbed those unhappy brokers with those bonus offers.

Not investment bankers are moving. Smaller investment banks are enticing wirehouse investment bankers to jump ship.

These moves are undoubtedly a sign of the times. The neverending attacks on the large investment banks are causing a flight of talent. Why stay with a Merrill and risk losing your compensation because Congress has decided to pander to the masses, when you can take a package at a smaller bank, that is financially sound, and not saddled with TARP issues.

It is a growing trend. Not too good for the large investment banks, but good for the smaller ones, and  maybe good for the economy in the long run.

Just make sure those new employment packages are documented and negotiated by someone who knows the ropes.


Merrill Lynch Loses More Bankers to a 'Boutique' - WSJ.com

Today is National Be Kind to Lawyers Day

Selasa, 14 April 2009 0 komentar
I don't know who started this, nor do I think we really need a day, but I like the sentiment; and the tips on how to participate.

http://www.bekindtolawyers.com/Home_Page.html

Goldman to Return Bailout Money

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Stating that it never considered TARP funds to be long term capital CFO David Viniar said that it was the firm's duty to return the funds to the taxpayers as soon as it could, without negatively impacting the firm's financial profile.

Goldman is seeking to return over 10 billion dollars in TARP funds. While it's motivation may not be all noble - it would like to get out from under the compensation restrictions - it's desired outcome is certainly welcome.

A quick return to profitability may also help boost investor confidence, and the government could certainly use the 10 billion.

Feeder Fund Manager Charged with Madoff Fraud

Selasa, 07 April 2009 0 komentar
The manager of a Madoff feeder fund has been charged with civil fraud by the New York Attorney General's office for steering 2.4 billion dollars to Madoff.

We have not seen the complaint, but Reuters is reporting that he is accused of ignoring red flags regarding Madoff's investments because of the fees he was receiving. The manager claims he has been fully cooperative, performed extensive due diligence and was misled by Madoff just like everyone else.

http://news.yahoo.com/s/nm/20090406/bs_nm/us_merkin

As we noted here, this fraud is too large for the securities regulators and prosecutors to ignore the potential liability of the fund managers who placed investments with Madoff. It remains to be seen how much liability, if any, these managers have for Madoff's fraud, and no one is alleging that the manager knew of the fraud, only that they should have known of the fraud.

We expect that other managers will be the subject of similar civil suits. Massachusetts has already filed against Fairfield Greenwich.

We can expect to see cases against other managers, and suits by individual investors who invested through these funds.



More Brazen than Madoff?

Senin, 06 April 2009 0 komentar
Fortune Magazine's feature story on Marc Dreier, the only partner in a 250+ law firm who is accused of a massive, and outlandish, fraud. A lengthy and interesting look at his actions leading up to his arrest, and a $700 million dollar fraud.

http://money.cnn.com/2009/03/31/news/newsmakers/parloff_dreier.fortune/index.htm


FINRA Changing Arbitration Rules on EFL - Note Cases

Jumat, 03 April 2009 0 komentar
Once upon a time, securities arbitration was an expedient, fair and cost effective way of resolving disputes in and with the securities industry. Over recent years however, the NASD and now FINRA, have tinkered with the process in so many ways, that the process is becoming seriously flawed.

We just recently had a rule change that created the unprecedented result that a motion to dismiss a complaint can no longer be filed. Yes, if you are named in an arbitration, you are going to file an answer, go through discovery and go to a hearing over the course of the next 18 months, and there is not a thing you can do about it. Not only are you going to carry the allegations on your CRD record for those 18 months, you are going to pay attorneys fees and costs throughout the whole process.

Let's add some insult to that injury. It seems that the process does not move fast enough. Well, it doesn't move fast enough if you are a firm suing the former employee that you forced out of the firm on his promissory note. So, FINRA decided to "fix" that problem, and we now have a proposal to fast track promissory note cases.

You heard it right. FINRA is abrogating its rules to benefit its member firms that are trying to collect on promissory notes. If the broker does not file a counterclaim for a sum in excess of $100,000, the case goes fast-track. Single arbitrator, simplified discovery, quick hearing, bingo, award.

The proposal completely ignores the defenses that a broker has in an promissory note case, and ignores a recurring issue in this cases - fraudulent inducement. FINRA points out that the promissory note case is relatively simple - and it is. UNLESS the broker has a claim for fraudulent inducement - a claim that says you lied to me in order for me to take the position, and fraudulently induced me to accept the position.

Or, a claim by the broker that the firm breached the employment contract related to the promissory note. Branch managers have been known to promise the world when they are recruiting. Sales assistants, access to large accounts, corner offices, additional bonuses, enhanced payouts.

Those claims require discovery, and where the promissory note claim is in excess of $100,000, the broker is ENTITLED under FINRA rules, to a panel of three arbitrators, regardless of the amount of his counterclaim.

Well, no more. If the SEC approves the rule change, there will be little discovery, a single arbitrator and a quick hearing. No fuss, no muss.

And no due process.

The promissory note arbitration rule proposal is at finra.org

Madoff's Boats Seized

Rabu, 01 April 2009 0 komentar
The AP reports this afternoon that Madoff's 55 foot yacht "Bull" was seized by federal authorities from a Florida marina, along with a 24 foot boat. The yacht is reported to be worth 2 million dollars.

Authorities Seize Bernard Madoff's 2 boats in Fla.