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Q: How do I find the details about the Wall Street settlement? ( Answered 2 out of 5 stars,   0 Comments )
Question  
Subject: How do I find the details about the Wall Street settlement?
Category: Business and Money > Finance
Asked by: johnbacktrack-ga
List Price: $5.00
Posted: 05 May 2003 20:08 PDT
Expires: 04 Jun 2003 20:08 PDT
Question ID: 199990
So, a bunch of large wall street brokerage houses (Merrill Lynch ,
Credit Suisse First Boston , Morgan Stanley ...) settled for $1.5B,
with the
blessing of the NY AG, NASD, NYSE, & SEC and others.  But the big news
is
supposed to be all of the detailed evidence (emails, letters,
interviews etc) which were filed with the settlement.  Supposedly this
shows smoking guns and all kinds of bad behavior.

Help me find a free (or very cheap) site which has all this detailed
evidence.

Thanks!
Answer  
Subject: Re: How do I find the details about the Wall Street settlement?
Answered By: richard-ga on 05 May 2003 20:29 PDT
Rated:2 out of 5 stars
 
Hello and thank you for your question.

The best place to find the info you seek is on the SEC's own site, at
http://www.sec.gov/news/press/2003-54.htm

There are links on that page to more detailed information.  For
example, in the Goldman Sachs case,
http://www.sec.gov/litigation/litreleases/lr18113.htm
the Commission's Complaint alleges that: 

*Goldman Sachs compensated its analysts based at least in part upon
their participation in the firm's investment banking-related
activities. Analysts were required to prepare business plans that
discussed, among other things, what steps the analysts planned to take
to assist investment banking efforts. In preparing these business
plans, analysts were required to answer such questions as "How much of
your time will be devoted to IBD [investment banking division]?" and
"How can you work more effectively with IBD to exploit the
opportunities available to the firm?" In response to the question
"What are the three most important goals for you in 2000?" one analyst
replied, "1. Get more investment banking revenue. 2. Get more
investment banking revenue. 3. Get more investment banking revenue."

*Goldman Sachs "aligned" its research, equities, and investment
banking divisions to work collaboratively in order to fully leverage
its limited research resources. In 2000, Goldman Sachs concluded
internally that "US Investment Research appears to be on the right
track," noting that "research analysts, on 429 different occasions,
solicited 328 transactions in the first 5½ months of [the year]" and
that "[r]esearch was involved in 82% of all `won business'
solicitations."

*Goldman Sachs analysts participated in investment banking marketing
efforts, including working with investment bankers to prepare "pitch"
materials and in some cases attending the pitch meetings. For example,
in an April 2000 e-mail, an investment banker told an analyst that the
company they were about to pitch to "strongly suggested that you guys
come prepared to SELL." Some pitchbooks implicitly suggested that
Goldman Sachs would provide favorable research coverage after the
investment banking transaction.

*In several instances, these conflicts resulted in analysts publishing
recommendations that were exaggerated or unwarranted. For example, in
August 2000, the business unit leader for U.S. telecommunications
research at the firm wrote to his counterpart in Europe: "The plan we
have in place now is that in early September we are going to re-rate
most of the CLECs [competitive local exchange carriers], which is
where the problem is most egregious. The ratings were a residual from
[a former analyst], and I never changed them, not wanting to disrupt
things too much. But it's ridiculous. I've already met with the
bankers, and plan to move most of the companies down to M[arket]
O[utperformer], from RL [the highest rating]. For the other segments
the situation is not as bad, and where there is a problem, investment
banking considerations have prevented me from making a change (i.e.
AT&T, WCOM). I don't think I would end up leaving only 7.5% as RL, but
the present 68% is ridiculous...."

*Goldman Sachs failed to establish and maintain adequate policies,
systems, and procedures reasonably designed to ensure the objectivity
of its published research.

Search terms used:
SEC settlement

Thanks again for letting me help with this question.  If you find any
of my answer unclear, please request clarification.  I would
appreciate it if you would hold off on rating my answer until I have a
chance to reply.

Sincerely,
Google Answers Researcher
Richard-ga

Request for Answer Clarification by johnbacktrack-ga on 06 May 2003 11:21 PDT
Richard-

Unfortunately that site doesnt seem to show the evidence which was
filed, just the legal settlement documents w/o the attachments.  Can
you heklp identify a site which has all this detailed evidence which
was filed with the settlement?

Clarification of Answer by richard-ga on 06 May 2003 13:44 PDT
Hello again.

The evidence behind the SEC settlement is mostly the product of the
Eliot Spitzer investigation.

The best primary source is Spitzer's April 8, 2002 testimony:
TESTIMONY OF NEW YORK STATE ATTORNEY GENERAL ELIOT SPITZER
http://commerce.senate.gov/hearings/062602spitzer.pdf

"Anyone interested in the case -- which should include every investor
out there -- should read through the attorney general's 38-page
affidavit (available here in PDF format). It offers a fascinating look
behind previously closed doors. And it doesn't paint a pretty picture.
"It's smoking gun after smoking gun," says a spokesman for the
attorney general."
Mopping Up After Merrill Lynch
http://www.business2.com/articles/web/0,1653,39687,00.html


The material is digested at
How Did Merrill Lynch Defraud Investors?
http://www.securitiesfraudfyi.com/merrill_lynch.html

See also
http://www.blbglaw.com/pubworks/AdvV4Q4O'Neel.Spitzer.pdf

http://www1.jonesday.com/FILES/tbl_s38News/UploadMaterial1322/253/8-9-02tambe.pdf

Best of luck; I hope you find this useful
Richard-ga

Request for Answer Clarification by johnbacktrack-ga on 08 May 2003 13:12 PDT
Unfortunately these sites refer to Merril Lynch's earlier $100 Million
settlement, not to the more recent $1.5B settlement.  Also this
material is editorial in nature but does not give access to deposition
information, transcripts, or emails.

Ay thoughts on where to go for *detailed* info on the recent $1.5B
settlement?

Thanks!

Clarification of Answer by richard-ga on 08 May 2003 13:56 PDT
Hello:

Lots more litigation is expected related to the settlement
http://www.forbes.com/markets/newswire/2003/05/06/rtr962566.html

You can expect that the claimants will be eager to bring the details
to the public.  Until then there are ongoing hearings, but it doesn't
appear that there will be much in the way of detail of the underlying
transactions emerging from those hearings.
http://news.moneycentral.msn.com/breaking/breakingnewsarticle.asp?feed=OBR&Date=20030507&ID=2529795

I suggest you periodically check this link to Google News for
additional info as it emerges:
http://news.google.com/news?hl=en&scoring=d&edition=&q=sec+settlement+Merrill

-Richard-ga
johnbacktrack-ga rated this answer:2 out of 5 stars
I actually found this answer very disappointing.

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