Ex-Brookstreet brokers file $36M claim

Five brokers at the collapsed firm have filed a $36 million arbitration complaint against National Financial Services.
APR 08, 2008
Five brokers at the center of the collapse of Brookstreet Securities Corp. have filed a $36 million arbitration complaint against Brookstreet’s former clearing firm, National Financial Services LLC. The brokers of the firm, which folded last summer, allege that hundreds of millions of dollars that its clients lost in highly leveraged collateralized mortgage obligations were “directly attributable to [National Financial Services’] wrongful conduct.” The complaint, filed with the New York and Washington-based Financial Industry Regulatory Authority Inc. on April 2, also claims that National Financial “acted irrationally, in bad faith and fraudulently when it engaged in the wide-scale, fire sale, forced liquidation” of CMOs from client accounts in June 2007. The five brokers tried to prevent National Financial from selling the CMOs at that time, according to an e-mail from May 31 that one of the brokers sent to Brookstreet Securities. “Since we are now emerging from such an extreme and highly compressed market environment, it is highly advisable to allow client bond positions to continue their path toward maturation,” the broker wrote in the e-mail. “We therefore ask for a time extension until July 10, 2007, to re-evaluate the necessity of acting on house calls created by a totally subjective pricing model.” The broker-dealer then forwarded the e-mail to National Financial, according to the brokers’ attorney, Jeffrey Kaplan of Miami-based Dimond Kaplan & Rothstein PA. “It’s important to note decisions with respect to margin calls were entirely appropriate both under the terms of the margin agreement and in light of circumstances presented in the market at that time,” said Vincent Loporchio, a spokesman for National Financial and its parent company, Boston-based Fidelity Investments. “National Financial used reputable third-party firms to price securities held in brokerage accounts.” National Financial is a powerhouse in the clearing and custody business, serving 330 broker-dealers and registered investment advisers, and holding in custody $709 billion in client assets. Irvine, Calif.-based Brookstreet Securities, with about 500 independent-contractor reps at the time, closed last June and in a message to brokers placed the blame for its misfortune squarely on National Financial’s pricing of CMOs, as well as an excess of margin accounts ((InvestmentNews, June 25). The claim of $36 million is the income the five brokers will lose until they can build a comparable book of business in the coming years, according to the complaint. The claim states that the ex-Brookstreet brokers collectively made $9 million per year. Clients have also filed arbitration complaints against National Financial in this matter. For the full report, see the upcoming April 14 issue of InvestmentNews.

Latest News

SEC to lose Hester Peirce, deepening a commissioner crisis
SEC to lose Hester Peirce, deepening a commissioner crisis

The "Crypto Mom" departure would leave the SEC commission with just two members and no Democratic commissioners on the panel.

Florida B-D, RIA owner pitches bold long-term plan to sell to advisors
Florida B-D, RIA owner pitches bold long-term plan to sell to advisors

IFP Securities’ owner, Bill Hamm, has a long-term plan for the firm and its 279 financial advisors.

Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships
Fintech bytes: Vanilla, Wealth.com forge new estate planning partnerships

Meanwhile, a Osaic and Envestnet ink a new adaptive wealthtech partnership to better support the firm's 10,000-plus advisors, and RIA-focused VastAdvisor unveils native integrations with leading CRMs.

Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions
Fiduciary failure: Ex-advisor who sold practice fined after clients lost millions

A former Alabama investment advisor and ex-Kestra rep has been permanently barred and penalized after clients he promised to protect got caught in a $2.6 million fraud.

Why the evolution of ETFs is changing the due diligence equation
Why the evolution of ETFs is changing the due diligence equation

As more active strategies get packaged into the ETF wrapper, advisors and investors have to look beyond expense ratios as the benchmark for value.

SPONSORED Are hedge funds the missing ingredient?

Wellington explores how multi strategy hedge funds may enhance diversification

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management