Aug 17

lies

It felt so good to unload two weeks ago on Charles Schwab for lying about the safety and liquidity of auction-rate securities they sold me. Blogging as catharsis is underrated, especially if you have as much tied up as I do in these now illiquid ARSs. As I pointed out in my previous post, just about every other firm else has settled, but not Schwab. No, they blame everyone else — the underwriters, the customers and, now, even the New York attorney general.

Today, the big news is that the New York State Attorney General is making good on the threat to file suit. This welcome but not-unexpected turn of events gives me not only another chance to vent against Schwab, but also for the first time to document that I wasn’t the only customer they lied to.

Today, the Wall Street Journal has published excerpts of what the lies the brokers told customers. Check out some of what they told people:

Customer from Massapequa, N.Y. Customer: “You know, I’m not trying to make a ton of money. I just want to play it safe.”
Broker: “Understood.” …
Broker: “When you go to get out of this, even though you tell the rep sell it that means you want to stop the auction. The hardest part of this auction is getting into it. That is the tough part. Getting out of it is easy as just selling.”

Customer from Seaford, N.Y. Customer: “I can just get out every 7 days?”
Broker: “That’s right.”
Customer: “I can just give you 7 days and don’t renew and you put the money back in my account?”
Broker: “That’s correct.”

Customer from Remsenburg, N.Y. Customer: “It is some kind of short term muni-based piece of paper used as an alternative to [a] money market.”.
Customer: “So that is better than what I am getting?”
Broker: “Yeah, yeah. It is better than saving in the money market at the moment.”
Broker: “You pick up about 50 to 60 basis points over what you would get in a money market, and what you are giving up is next day liquidity.
Customer: “OK. I can adjust it by $100k amounts every week?”
Broker: “In terms of if you wanna get out?”
Customer: “Yeah.”
Broker: “Yeah.”
Customer: “I’ll know a week ahead of time if I wanna make a big investment.”

Customer from New Hyde Park, N.Y.
Broker: “And it’ll roll over monthly unless you call me and say, ‘Hey [Broker], don’t roll it over anymore.’”
Customer: “Oh, I see. OK.”
Broker: “And then next month I’ll stop the auction and all the cash will come back to your account.”
Customer: “OK, [Broker], thank you.”

Customer — location unidentified Customer: “Well I need the liquidity because I may buy a house soon.
Broker: “I see.”
Customer: “I sold my house and this is money that’s just there temporarily.”
Broker: “instead of looking for the highest yield, I would personally look at the highest security. And that would be my second thing. And probably periodic auction rate securities. That would work better than any bond mutual funds for you. That’s my humble opinion.”
Customer: “OK. And it would be safer?”
Broker: “It would be much, much safer, for sure.”

Assurances like these are what lead me to invest money. Schwab brokers delivered these same lies to me.

What’s Schwab’s response to this news? Well, they issued a press release this morning, saying, in essence, “Not our fault…not our problem…all those customers we talked to about safety and liquidity can schove it. We ain’t schettleing.”

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Jul 29

pound of flesh

The short version of a long story is that Charles Schwab sold me auction-rate securities, promising liquidity, then stonewalled me when the market disappeared for the ARSs. Meanwhile, every other firm on the planet — and I mean every one – made their clients whole. Goldman Sachs, the auction agent for the ARSs I bought: settled. Fidelity: settled. BofA: settled. TD Ameritrade (late of zero-doc mortgage loan fame): settled.

You can only imagine the lengths I’ve gone to to try to bring this to the attention of regulators. I’ve spoken to regulators in Massachusetts (the issuer of the ARS I bought, the proceeds of which were used to finance the Big Dig), Illinois, and last summer, New York.

I’ve written letters…called representatives…filed complaints with FINRA (famous for being the securities industry’s favorite regulator and the former home of the new SEC chairman. Buy lots of empty mattresses as long as these people are protecting you).

I clearly remember the conversation I had with the NY AG’s office last year. They “got it” but when nothing happened for months, I assumed that office, like all the others I had implored, had moved on to more newsworthy pursuits. Like compensation at AIG and why Lehman Brothers’ collapse was good for the candle-making industry.

Then, finally — finally! – last week, the New York State Attorney General — from among all the attorneys general in the country who were beating their chests about protecting investors last year — sent Charles Schwab a demand letter (attached below).

Charles Schlemeil had convinced themselves they hadn’t lied…they hadn’t stolen my money…that it was those nasty Wall Street firms who were at fault when the ARS auctions tanked. “We’re not the bad guys,” they claimed. “We just sold these things ‘downstream.’ We don’t have anything at all to apologize for or make good on.” Schwab stood on principle! It was a victim, too!

Principle, shminsciple. Now that the NY AG is onto them, they’re talking about how much it’ll cost them to hold off the litigation and whether or not that’s a better deal for them than paying up. This was always a calculation of cost and until now it simply cost those bozos-in-$900-suits less to stonewall than to pay up. When nobody appeared to care, it was easy to argue principle.

Yes, I’m upset that I can’t get to my money…that Schwab lied to me…that talking to Chuck turned out to be talking to a wall. That Schwab is full of schit when it comes to doing the right thing — what everyone else did — for their clients.  But mostly, I was unhappy that in the face of such obvious avarice and fraud, none of the responsible regulators did anything about it. One nastygram like this was all I was looking for…and now that my home state AG has sent it, it’s only a matter of time until Charles Schwab capitulates.

But until then, I am anticipating the pound of flesh the NY AG will extract from Schwab and grateful to my fellow Noo Yawkers for stickin’ with it for us little guys.

icon for podpress  NY AG ARS demand letter to Charles Schwab: Download (198)
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