Securities America advisers left in limbo

MAR 27, 2011
A mediation session to resolve investor claims against Securities America Inc. involving hundreds of millions of dollars failed to yield a settlement last week as the firm's 1,800 representatives and financial advisers continued to speculate about whether the firm will survive. On Friday, the firm sent an e-mail to its 1,800 reps and advisers canceling a conference call scheduled for after the close of the market to update them on negotiations of the mediation and the firm's future. The firm, along with its parent, Ameriprise Financial Inc., is trying to resolve a class action and numerous arbitration claims in connection with the sale of $400 million of allegedly fraudulent private placements. Securities America advisers spent a tense week with the firm facing the potential threat of shutting down due to legal expenses and damages from lawsuits if some sort of wide-ranging settlement isn't reached.

FIRM AT RISK

On March 18, its chief financial officer, Kelly Windorski, testified in federal court in Dallas that the firm could go out of business if a federal judge rejects Securities America's initial proposed $21 million settlement with investors. That evening, Judge W. Royal Furgeson Jr. rejected that proposed settlement and later sent the two sides into mediation. That process started Thursday in Chicago. The mediation is being overseen by retired U.S. District Court Judge James M. Rosenbaum. “We hope to hear more next week, maybe Tuesday,” said one broker, who asked not to be identified. “Negotiations are ongoing,” spokeswoman Janine Wertheim wrote in an e-mail. The multimillion-dollar legal dilemma at Securities America has been unfolding since July 2009, when the Securities and Exchange Commission charged two sponsors of high-risk private placements with fraud. Those sponsors, Medical Capital Holdings Inc. and Provident Royalties LLC, sold about $2.7 billion of investments through dozens of independent broker-dealers, many of which have gone out of business due to crushing legal bills and liabilities. Securities America brokers were by far the biggest vendor of MedCap offerings, selling $700 million of the products. About half are in default. E-mail Bruce Kelly at [email protected].

Latest News

RIA M&A ties second-best quarter as PE turns to minority stakes
RIA M&A ties second-best quarter as PE turns to minority stakes

Echelon Partners counted 125 wealth management deals in Q3 2026, with the quarter's biggest deal targets by assets selling minority stakes rather than getting swallowed.

Anthropic IPO filing flags legal risks as Claude advisor offering expands
Anthropic IPO filing flags legal risks as Claude advisor offering expands

The AI lab's S-1 details an FTC probe, AI agent liability exposure and models that escaped testing just as it pushes further into advisor tech stacks

Clients are using AI to challenge financial advice, Pacific Life survey finds
Clients are using AI to challenge financial advice, Pacific Life survey finds

Advisors must navigate misinformation and generational expectations as technology reshapes client relationships.

Jailed Florida broker, facing sexual battery charge, ghosts FINRA
Jailed Florida broker, facing sexual battery charge, ghosts FINRA

The regulator has been trying to reach imprisoned advisor Jason Foley.

Microsoft's AI workforce reset targets 27% of global staff in new buyout
Microsoft's AI workforce reset targets 27% of global staff in new buyout

Magnificent 7 firm continues to ‘right size’ workforce in AI-related shift also seen in financial services.

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor