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
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

US annuity sales hit $121 billion in second quarter to drive new first-half high
US annuity sales hit $121 billion in second quarter to drive new first-half high

LIMRA data show record RILA demand as advisors lean on guaranteed income to calm anxious clients.

Edward Jones bets on college athletes with new Duke, Oregon deals
Edward Jones bets on college athletes with new Duke, Oregon deals

The firm's multiyear sponsorship agreements with Duke and Oregon athletics put it in front of a new generation of high-potential NIL earners.

Prime Capital Financial taps Glenmede veteran to lead new foundations and endowments unit
Prime Capital Financial taps Glenmede veteran to lead new foundations and endowments unit

The move follows earlier dealmaking and leadership changes as the Overland Park-based hybrid RIA builds toward a nonprofit-focused institutional platform.

Beyond saving for college: Help provide the financial education no one majors in
Beyond saving for college: Help provide the financial education no one majors in

From building multigenerational relationships to entering new adult planning areas and building healthy financial habits, higher education can be a gateway for advisors to become trusted partners to families.

Wealth.com secures &Partners deal as estate planning tech surges
Wealth.com secures &Partners deal as estate planning tech surges

The wirehouse-focused aggregator's rollout to more than 100 advisors lands as financial advisors race to add tax and estate planning tools.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income