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Jordan Goodman is the author of Everyone's Money Book, available at 888-201-6300. This is the third edition of the book. You can also visit his Web site at www.moneyanswers.com. He talks with us on Thursday mornings.

May 8, 2003

"The Wall Street Settlement Might Change How You Invest"


After much legal wrangling, 10 of the top Wall Street firms have finally settled with all the major regulators, such as the SEC, NASD and the New York State Attorney General, to pay $1.4 billion for a litany of fraud and wrongdoing committed over the last few years. So, how will the biggest settlement in Wall Street history affect you, the individual investor? Let us count the ways:
  1. A $387 million restitution fund is being funded to pay investors back for at least some of the losses they suffered over the last 3 years from following Wall Street advice and buying high-flying tech stocks. The SEC will appoint an administrator to hear cases and distribute the money, but since investors lost over $7 trillion, don’t expect to come out completely whole.

  2. You can still sue your broker, either individually or in a class action against the firm, if you feel you have a good case of being defrauded. In order to win money, you will have to show you bought a stock named in the regulator’s settlement with your brokerage firm. A great amount of material, such as damaging e-mails, was uncovered in various cases of conflict of interest, so lawyers feel it may be easier to win lawsuits. If your case doesn’t go to court it might be settled in arbitration, though investors tend to lose the vast majority of these cases. To find a lawyer for your arbitration case, contact the Public Investors Arbitration Bar Association at www.piaba.org.

  3. You should expect less stock research out of Wall Street. In the "good old days," research was being subsidized by investment banking fees, and in fact, research was used to hype new issues brought public by investment bankers. With the settlement, there is supposed to be a strict separation of research and investment banking, so the subsidy goes away. According to Zack’s Investment research, in March 2000, there were 3,600 analysts covering 5,900 stocks. That has now dropped to 3,000 analysts covering 4,500 stocks, and you should expect that number to fall much further. This means it could be harder to get research on smaller, fast-growing-but-obscure companies than it was before. For the research that remains, brokers are going to have to post analysts’ stock recommendation performance on their Web sites every quarter.

The settlement calls for $432 million to go into an independent research operation, but no one is clear how this will work and what happens to it when the money runs out. There are some firms like Standard & Poor’s, Morningstar and Value Line that do offer independent research, but they are followed by a relatively small number of investors now. The settlement also calls for $80 to go into investor education, so you might see more educational opportunities created in schools around the country.

Overall, some people think that all the rules and restrictions on Wall Street will prevent these abuses from happening again -- but I think it will be a long time before investor faith in Wall Street research is restored.

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