Wall Street firms
to pay S.C. nearly $4.8 million McMaster announces state’s share of
settlement By BEN
WERNER Staff
Writer
South Carolina will get a record $4.79 million as its part of a
settlement with nine Wall Street investment firms over improper
practices, Attorney General Henry McMaster said Thursday.
Most of the money — $4.5 million — is destined for the state’s
general fund. The rest goes to consumer education and hiring more
securities fraud investigators.
The securities settlement and fines are the largest in state
history, McMaster said.
The deal is part of a roughly $1.4 billion global settlement
agreed to last year by the Securities and Exchange Commission, New
York Stock Exchange, National Association of Securities Dealers,
most states and 10 of the nation’s top investment firms, accused of
influencing securities research at brokerage firms.
One of the firms, Merrill Lynch, settled with South Carolina in
2002, paying a $668,376 fine. It was the Merrill Lynch
investigation, started by McMaster’s counterpart in New York state,
Attorney General Eliot Spitzer, that led to the global
settlement.
McMaster took his time signing off on the state’s settlement with
the remaining firms because he was weighing the benefits of
accepting a payment now or prosecuting the cases independently, said
Trey Walker, a spokesman for the attorney general.
“South Carolinians must be able to invest their money without
fear of being misled or deceived by investment professionals,”
McMaster said in a statement.
Unexpected windfalls to the general fund cannot be ear-marked for
specific purposes. That means the money from the lawsuit settlement
will sit in the fund until the Legislature decides how to spend it,
which likely won’t happen until 2005.
If the state faces a budget shortfall before then, the settlement
money could go to help balance the state’s books. Otherwise, it will
be excess revenue to be spent at the lawmakers’ will next year.
Aside from the $4.5 million, $340,043 is being paid into the
Investor Protection Trust, which funds programs that educate
investors about investing’s potential payoffs and pitfalls.
Some programs are also designed to help investors spot swindlers
and investment scams.
It was unscrupulous practices, undertaken by some of Wall
Street’s largest firms, that led to the settlement.
Some investment firm analysts, who were supposed to offer
independent opinions on stocks, were really just trying to push
clients’ stocks.
For example, “buy” or “hold” recommendations would be given for a
company while internal memos indicated that same company was really
a “dog” or “loser.”
“Investors would not have been able to sniff out these dogs,”
Walker said.
That’s why McMaster plans to use the $230,000 earmarked for his
office to hire more attorneys, investigators and forensic auditors.
These are the people who find evidence used to secure indictments
that act as a deterrent to securities fraud.
“Jail time has the largest positive impact on investor
confidence,” Walker said.
Currently, nobody convicted of state securities crimes is serving
jail time.
The criminal trial of Larry Owen, former president of Carolina
Investors, and the first of three former officers charged with
investment fraud, begins July 19 in Greenville.
In early 2003, Carolina Investors and its parent company,
sub-prime lender HomeGold Financial Inc., filed for bankruptcy. More
than 8,000 South Carolina investors lost more than $277 million when
the company failed.
Staff writer Aaron Gould Sheinin contributed to this article.
Reach Werner at (803) 771-8509 or bwerner@thestate.com. |