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	<title>Thinking aloud &#187; consumer fraud</title>
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		<title>NY AG to pwn Charles Schwab; get me and thousands of other dupes our pound of flesh</title>
		<link>http://www.yobyot.com/politics/ny-ag-to-pwn-charles-schwab-get-me-and-thousands-of-other-dupes-our-pound-of-flesh/2009/07/29/</link>
		<comments>http://www.yobyot.com/politics/ny-ag-to-pwn-charles-schwab-get-me-and-thousands-of-other-dupes-our-pound-of-flesh/2009/07/29/#comments</comments>
		<pubDate>Wed, 29 Jul 2009 20:20:08 +0000</pubDate>
		<dc:creator>Alex Neihaus</dc:creator>
				<category><![CDATA[Charles Schwab]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[ars]]></category>
		<category><![CDATA[auction rate securities]]></category>
		<category><![CDATA[consumer fraud]]></category>

		<guid isPermaLink="false">http://www.yobyot.com/?p=491</guid>
		<description><![CDATA[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 &#8212; and I mean every one &#8211; made their clients whole. Goldman Sachs, the auction agent for the ARSs I bought: [...]]]></description>
			<content:encoded><![CDATA[<p><a rel="attachment wp-att-492" href="http://www.yobyot.com/politics/ny-ag-to-pwn-charles-schwab-get-me-and-thousands-of-other-dupes-our-pound-of-flesh/2009/07/29/attachment/pound-of-flesh/"><img class="alignnone size-full wp-image-492" title="pound of flesh" src="http://www.yobyot.com/wp-content/uploads/2009/07/pound-of-flesh.jpg" alt="pound of flesh" width="420" height="420" /></a></p>
<p>The short version of a long story is that Charles Schwab sold me <a href="http://en.wikipedia.org/wiki/Auction_rate_security" target="_blank">auction-rate securities</a>, promising liquidity, then stonewalled me when the market disappeared for the ARSs. Meanwhile, every other firm on the planet &#8212; and I mean <em>every one </em>&#8211; made their clients whole. Goldman Sachs, the auction agent for the ARSs I bought: <em>settled. </em>Fidelity: <em>settled.</em> BofA: <em>settled. </em>TD Ameritrade (late of zero-doc mortgage loan fame): <em>settled.</em></p>
<p>You can only imagine the lengths I&#8217;ve gone to to try to bring this to the attention of regulators. I&#8217;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.</p>
<p>I&#8217;ve written letters&#8230;called representatives&#8230;filed complaints with <a href="http://www.finra.org/index.htm" target="_blank">FINRA </a>(famous for being the securities industry&#8217;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).</p>
<p>I clearly remember the conversation I had with the NY AG&#8217;s office last year. They &#8220;got it&#8221; 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&#8217; collapse was good for the candle-making industry.</p>
<p>Then, finally &#8212; <em>finally! </em>&#8211; last week, the New York State Attorney General &#8212; from among all the attorneys general in the country who were beating their chests about protecting investors last year &#8212; sent Charles Schwab a demand letter (attached below).</p>
<p>Charles Schlemeil had convinced themselves <a title="Charles Schwab on ARS" href="http://news.yahoo.com/s/nm/20090720/bs_nm/us_cuomo_charlesschwab" target="_blank">they hadn&#8217;t lied</a>&#8230;they hadn&#8217;t stolen my money&#8230;that it was those nasty Wall Street firms who were at fault when the ARS auctions tanked. &#8220;We&#8217;re not the bad guys,&#8221; they claimed. &#8220;We just sold these things &#8216;downstream.&#8217; We don&#8217;t have anything at all to apologize for or make good on.&#8221; Schwab stood on principle! It was a victim, too!</p>
<p>Principle, shminsciple. Now that the NY AG is onto them, they&#8217;re talking about how much it&#8217;ll cost them to hold off the litigation and whether or not that&#8217;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.</p>
<p>Yes, I&#8217;m upset that I can&#8217;t get to my money&#8230;that Schwab lied to me&#8230;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 &#8212; <em>what everyone else did</em> &#8212; 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&#8230;and now that my home state AG has sent it, it&#8217;s only a matter of time until Charles Schwab capitulates.</p>
<p>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&#8217; with it for us little guys.</p>
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		<slash:comments>5</slash:comments>
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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 &#8212; and I mean every one [...]</itunes:subtitle>
		<itunes:summary>
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 &#8212; and I mean every one &#8211; 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&#8217;ve gone to to try to bring this to the attention of regulators. I&#8217;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&#8217;ve written letters&#8230;called representatives&#8230;filed complaints with FINRA (famous for being the securities industry&#8217;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&#8217;s office last year. They &#8220;got it&#8221; 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&#8217; collapse was good for the candle-making industry.
Then, finally &#8212; finally! &#8211; last week, the New York State Attorney General &#8212; from among all the attorneys general in the country who were beating their chests about protecting investors last year &#8212; sent Charles Schwab a demand letter (attached below).
Charles Schlemeil had convinced themselves they hadn&#8217;t lied&#8230;they hadn&#8217;t stolen my money&#8230;that it was those nasty Wall Street firms who were at fault when the ARS auctions tanked. &#8220;We&#8217;re not the bad guys,&#8221; they claimed. &#8220;We just sold these things &#8216;downstream.&#8217; We don&#8217;t have anything at all to apologize for or make good on.&#8221; Schwab stood on principle! It was a victim, too!
Principle, shminsciple. Now that the NY AG is onto them, they&#8217;re talking about how much it&#8217;ll cost them to hold off the litigation and whether or not that&#8217;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&#8217;m upset that I can&#8217;t get to my money&#8230;that Schwab lied to me&#8230;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 &#8212; what everyone else did &#8212; 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&#8230;and now that my home state AG has sent it, it&#8217;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&#8217; with it for us little guys.</itunes:summary>
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