Oppenheimer & Co. charged with ARS fraud

Massachusetts Secretary of the Commonwealth William Galvin today charged Oppenheimer & Co. Inc. with fraud and unethical conduct in the sales of auction rate securities.
NOV 18, 2008
By  Bloomberg
Massachusetts Secretary of the Commonwealth William Galvin today charged Oppenheimer & Co. Inc. with fraud and unethical conduct in the sales of auction rate securities. The complaint seeks to censure the New York broker-dealer and require it to return to Massachusetts ARS customers the money they invested. Massachusetts investors are unable to access nearly $56 million since the auction market froze last February, the complaint said. In addition, the state wants to revoke the broker-dealer agent registration of Oppenheimer’s chief executive Albert Lowenthal. The complaint charges that he and other executives, who could face fines, sold their auction rate securities holdings as they discovered the market was collapsing but failed to inform their clients. “Oppenheimer executives betrayed the trust of their clients by continuing to market these auction rate securities as safe cash equivalents when they knew this was not the case,” said Mr. Galvin said in a statement. “They kept their clients and their own advisers to those clients, in the dark, even as they themselves got out of that tottering market.” Two weeks before the auctions failed, Oppenheimer executives including Mr. Lowenthal; Larry Spaulding, chief operating officer; Greg White, managing director; and Louis Gelormino, ARS desk supervisor and senior vice president, sold their holdings. In selling ARS to clients, the firm avoided the word “auction” and classified them as “cash equivalent” on customer account statements, the complaint said. A spokesman for Oppenheimer & Co. Inc., which is not affiliated with OppenheimerFunds of Denver, was not available for comment at press time. An administrative hearings officer will hear the civil complaint, filed with the state’s securities division. Rulings can be appealed and at that point would become a court process.

Latest News

JPMorgan tells fintech firms to start paying for customer data
JPMorgan tells fintech firms to start paying for customer data

The move to charge data aggregators fees totaling hundreds of millions of dollars threatens to upend business models across the industry.

FINRA snapshot shows concentration in largest firms, coastal states
FINRA snapshot shows concentration in largest firms, coastal states

The latest snapshot report reveals large firms overwhelmingly account for branches and registrants as trend of net exits from FINRA continues.

Why advisors to divorcing couples shouldn't bet on who'll stay
Why advisors to divorcing couples shouldn't bet on who'll stay

Siding with the primary contact in a marriage might make sense at first, but having both parties' interests at heart could open a better way forward.

SEC spanks closed Osaic RIA for conflicts, over-charging clients on alternatives
SEC spanks closed Osaic RIA for conflicts, over-charging clients on alternatives

With more than $13 billion in assets, American Portfolios Advisors closed last October.

William Blair taps former Raymond James executive to lead investment management business
William Blair taps former Raymond James executive to lead investment management business

Robert D. Kendall brings decades of experience, including roles at DWS Americas and a former investment unit within Morgan Stanley, as he steps into a global leadership position.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.