COLUMBIA, S.C. - State law kept regulators
from revealing problems at Carolina Investors and its parent company
HomeGold Financial - problems that surfaced as early as 1999.
In the ensuing years, hundreds of millions of dollars were pumped
into Carolina Investors by people who had no idea of the problems
and many of whom now stand to lose all but a few pennies on the
dollars they put into the company.
In a December 1999 letter, state securities examiner Eric W.
Pantsari asked Carolina Investors president Larry C. Owen "what
action(s) can or will be taken to ensure Carolina Investors'
continued existence should HomeGold default?"
The letter was among several obtained by The (Columbia) State
newspaper in a request to the attorney general's office under the
Freedom of Information Act.
When Pantsari wrote his letter, HomeGold owed $67.6 million to
Carolina Investors. After the regulators' letter, Carolina Investors
sold $565 million in three separate securities offerings. Those
securities are now almost worthless.
The public never learned of regulators' anxieties about Carolina
Investors and HomeGold because state officials cannot issue
statements about the financial health of companies, state Attorney
General Henry McMaster said.
"South Carolina law does not provide for the securities division
or any other state entity to gauge the health of a company and say
whether individuals should or should not invest," he said.
That explanation is unlikely to sit well with the 8,000 investors
from South Carolina who will find out this week just how little
their investment is now worth. A U.S. Bankruptcy Court hearing
Thursday will detail the liquidation of Carolina Investors and
HomeGold.
"The state should have stepped in and pulled the plug years ago,"
said Robert Pierce, chairman of a committee made up of those owed
money due to Carolina Investors' bankruptcy. "There was enough
information available that the state could have done something and
prevented the longer range problems than went on for years."
Some lawmakers say it might be time to revise state law.
"It's going to make it tough for a company with problems because
everyone's going to want to bail out," said Rep. Rex Rice, R-Easley,
whose district includes hundreds of residents who lost money they
invested in Carolina Investors. "But the public ought to have some
opportunity to find out what's going on before their money's
gone."
Carolina Investors answered only to state regulators because
their securities were sold only inside the state.
It wasn't state regulators' job to approve the offerings, just to
review them and ensure they accurately disclosed the risk to
investors, state officials say.
Those disclosures were made in prospectus filings. McMaster said
his office recently reviewed Carolina Investors' prospectus filings
from 1999 to 2002 "to see if there was anything we missed."
"And, based on the answers given to us, the information appeared
accurate," he said. On at least one occasion, McMaster said
regulators had questions about information in a Carolina Investors
offering.
"Those questions were presented to Carolina Investors, and we
received answers to those questions," he said. "The prospectuses and
the answers given appear accurate on their face, and we had no
further reason to question them."
However, the state grand jury is investigating the collapse of
Carolina Investors and HomeGold. McMaster would not say how long
that investigation will continue.
Information from: The
State