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Aug 14, 2008 -- Banks, brokerages involved in auction rate securities rip-off

RIP-OFF ALERT: There's a controversy brewing over supposedly ultra-safe cash investments that were sold by some of the biggest banks and brokerage houses in the country.

These so-called "auction rate securities" (aka "cash holdings") were touted as the equivalent of a money-market account. Banks and brokerage houses including Merrill Lynch, Citibank, UBS, Morgan Stanley, J.P. Morgan Chase and Wachovia sold $300 billion of these to non-profits, local governments and individuals.

These auction-rate securities were pushed as a substitute to savings or money-market accounts -- even though it was known they were garbage. When the music finally stopped, people had their life savings wiped out and non-profits went insolvent.

This raises 2 points in Clark's mind: First, where is the moral compass of the banking and brokerage business? Why would they go out of their way to rip off customers and destroy them financially? The answer is simple -- the commissions were humongous.

Second, where is the federal government? The SEC, the Federal Reserve and the OCC haven't done anything. The only actions are coming from the attorneys general of New York and Massachusetts.

There are just 2 lone wolves going after the bad guys! The banks and brokerages have been fined in the millions, but that's just a slap on the wrist for them. The attorneys general are trying to force full restitution to those who were ripped off. Clark applauds that effort and thinks jail time is in order for the culprits.

Always remember the core principle of investing: Know what you are buying. If you can't explain it to a fifth grader, don't buy it. That should help you stay out of harm.

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What others are saying

  • Humongous Commissions
    An additional area in which Clark is misinformed. Nobody got rich selling auction rate securities. At my firm, commissions were typically 6 basis points or 0.06%. On a $1 million investment, that is a whopping $600. And the advisor typically received only one-third of that, or $200 with the firm keeping the rest. So, on a $1 million investment, the advisor received the equivalent of 3-4 tankfuls of gas.

    I am a big fan of Clark's. I listen to his show all the time. But on this issue, and on many others concerning the financial services industry, he is so far off base on several levels that it is not even funny.

    His views on these issues and the language that he uses when he (or his lackeys) write these rip off alerts reek of sensationalism and tabloid journalism.
  • Auction Rate Securities
    Once again Clark is misinformed regarding an issue with the financial services industry. I am a Financial Advisor with one of the aforementioned brokerage houses and am proud of it. I only provide advice, planning, and investment products to my clients which are suitable for them based on age, time horizon, and risk tolerance. I have sold auction rate securities to my clients as at the time they provided, and still do, about 0.5% higher interest than traditional money market instruments, and up until around February of last year, were completely liquid.

    What Clark fails to understand is that no one had their life savings wiped out. The issue with these securities is purely one of liquidity, not credit quality. The majority of these securities are protected by the Investment Company Act of 1940 and have therefore consistently been rated AAA in terms of credit quality. Investors will eventually get their original investment back at par, after having earned all this incremental interest.

    I recognize that the liquidity issue has been a burden, but my firm, and many others, have set up loan provisions in the interim in which investors can borrow half the value of the auction rate investment at no cost to them. Investors are simply being charged the same rate as the instruments are paying, so, in effect, it is as if the instruments were in fact sold.

    Clark needs to get all the facts before he gets on his mis-directed high horse regarding an industry which provides a valuable service to millions of Americans.
  • auction rate securities
    will this rip off !! effect home morgages refinance's ????
  • SEC
    Clark, You are right. Where is our Federal Government? It truly is time for a change. The Bush government has no concern for the consumer. This is just another example of our Gov't. supporting big business and the heck with the consumer.
  • ARS
    I Have been caught up in these with TD Ameritrade. So far, Nuveen has made good on half on mine. To my knowledge, no one has yet actually "lost" any money. It is "simply" illiquid, though still paying interest.
  • Complete List of "Offending" Financial Institutution
    Could you provide on your web site, a COMPLETE lIST OF ALL THE OFFENDING FINANCIAL INSITUTIONS THAT SOLD THESE PHONEY FINANCIAL PACKAGES, so consumers can be "weary" of getting involved with these groups?
  • Auction Rate Securities
    Wachovia, at least, is going to buy them back at PAR value + any interest earned. Got the letter today.
  • bank rip offs
    thank you for your advice,"if you can't explain it to a fifth grader, don't buy it."

    I agree with jail time and total restitution with fines.
  • Mutual Benefits Viaticals
    HELP..bought these in 2003...3 - $10,000 policies and then it happened as you know with Mutual Benefits...Told what a great investment, felt badly getting money from someone who would die, but was told it would help them...NOW we get charged every quarter by a lawfirm that wants $700-1000 fees, already told we lost one of the policies since we couldn't keep up with the fees...Wife and I are unemployed for 2 years, hanging on by a thread and the money is frozen by the courts, but it's there. What do we do...Pls help us....that was our retirement and each policy was to be worth $15,000 each (x 3) Being robbed...Agent was so sure this was the best thing for us..He's out of the business now, selling life insurance! Nick--nick@rentflorida.com and sklairj1@yahoo.com-904-287-6495
  • I Used To Work At A Bank Brokerage Firm
    I have one suggestion - invest with a good tried and true (not bank sponsored), no-load mutual fund family, such as Vanguard or T. Rowe Price, where there is no built-in conflict-of-interest.
  • This should be a No-Brainer for regulators
    Brokerage or bank brokerage, every firm that sold this junk is a member of the NASD. Every one of these firms have a "Standard Operating Procedures Manual" that was submitted to the NASD before they were authorized to do business. Every one of these firms violated this manual. In the past 7 or 8 years, it seems that the NASD has disappeared. Sadly, it will take packs of attorneys to address this outrageous situation, while the NASD could easily do so right now, with the tools it already has!
  • Auction Fraud accounts
    I remember hearing that it was more than the $300 billion, that's one reason Citigroup is looking to spin off at least $500 billion in assets because of all it's blunders. Just like the commodities manipulation, hedge funds have a big interest in it. Hope it crashes and some very big players get burned for many billions.
  • Auction Fraud Accounts by Banks, etc.
    Does Clark Howard have a complete list of ALL the financial institutions that were involved in this scam? This list would help consumers to be on alert when dealing with these organizations.

    Thanks, Jean, Lawrenceville, GA
  • More regulation is not the solution
    Many believe the government will save investors, but regulators come from the finanacial industry.
    It's up to us, and folks like Clark, Consumer Reports, independent blogs, etc. to inform us!
  • How can the average Joe trust any financial institution
    300 billion and they got away with it! If a guy robbed one of these banks and got a $500 payoff, he goes to jail for a long time, but these guys don't need any gun! This is beyond outrageous, it is criminal and underminds the entire financial structure as far as I'm concerned. The pro-free market/no government mantra has gotten to the point that the general public gets shafted at every turn by these mega-financials, banks and investment houses.
    This is the kind of thing that causes revolutions.
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