The Law Planet Blog

In today's edition of the podcast "From the Courtroom_ The Law Planet", Attorney Marc S. Dobin discusses Earth Day 2009 and outlines simple steps to become more environmentally friendly in the workplace.

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Yet another financial fraud has been unearthed as part of the bloodletting of 2008/2009. As reported in Investment News, seven members of a church in Queens, New York, defrauded fellow church-goers of more than $12 million. The accused fraudsters were leaders in the church.

The formula does not appear to be different than any other. The fraudsters were trusted, pillars of the community. The promised high returns, some as high as 75% according to the article. In the end, it turned out they were doing what all Ponzi scheme artists do, they funded their "lavish lifestyle."

It's interesting that the investors in these schemes never seem to notice that, in spite of the promise of unrealistically high returns, the promoters are living well. Perhaps they rationalize in their own minds that the promoters are doing so well with their own investments that they can live well and make all their investors rich.

Get with the program people!!!! If these guys were so smart, they wouldn't be marketing only to members of their church and their lavish lifestyle would include owning Manhattan. Folks have forgotten the basic rule. If it sounds too good to be true, it is. Stay away.

Any broker who has moved from one firm to another has heard about, or received, them. They go by various names - Transitional Compensation, Employee Forgivable Loan, and Recruiting Bonus are among the names given to these payments. Essentially, the brokerage firms are hiring experienced brokers and "loaning" the broker money to ease the transition between firms. If a broker is successful at moving the vast amount of his or her production, then the forgivable loan becomes extra money in a good year.

But the past 18 months have been lean ones for brokers. Clients are unhappy. They are hesitant to change firms and follow a broker whom they blame for their losses. Brokers whose books of business are fee-based have seen their fees decrease as their clients' account values decrease.

Even worse off are the bottom quintile (20%) of the production force. The brokerage firms view these brokers, many of whom may have been better producers during better times, as expendable. As part of the consolidation and contraction of the brokerage business, the firms are letting these lower producers go. And the firms want their money back.

I have spoken with an in-house lawyer at a major wirehouse who told me that his firm's collection people are aggressively pursuing these lower quintile producers who were fired or let go in a "reduction in force" layoff. In today's economic times, this hardly seems fair that a broker is hit with the double-whammy of a loss of a job and a demand for repayment from an employer who no longer found the employee desirable. This does not make sense.

Virtually all of these cases must go to arbitration. Soon, we will begin to see an increase in the filing of collection case against former employees. In about nine to twelve months, we will see an increase in arbitration decisions. It will only be then that we will know whether the arbitration system thinks that these firms were being fair.

In today's edition of "From the Courtroom", we discuss how Arbitration can help Investors in an Investor dispute with a Broker

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Should brokers be able to keep profits from the alleged $8billion investment Ponzi scheme ran by Texan billionaire Sir Allen Stanford?

If the Court appointed Receiver, Ralph Janvey, has anything to do with it, this will not be the case. Janvey is seeking the return of the large commissions, bonuses, and other compensation paid by Sir Allen’s company for the sell of certificates of deposit, to 66 Financial advisers.

According to a lawsuit filed by Janvey, the unsuspecting customers that purchased CDs from the Brokers should be entitled to compensation. The Brokers involved, should not be entitled to compensation from the "elaborate and sophisticated” incentive program, since the services they were being compensated for, were not legitimate.

If Janvey prevails in this lawsuit, this will be a huge step in the right direction for investors involved in Stanford ponzi scheme and others around the country.

Read more on the Stanford Ponzi Scheme, by clicking on the following link to the article in the Financial Times, "Official seeks return of Stanford paid commissions" by Joanna Chung.

LaBovick & LaBovick is pleased to launch the first edition of "From the Courtroom" Podcast Series with the Law Planet Blog.

On today's edition, we discuss Ponzi schemes and how to avoid them

Why should investors have to wait so long to find justice after losing large amounts of dollars in Ponzi Schemes like Bernie Madoff or Michael Riolo? According to a recent Sun Sentinel article on South Florida investors hurt in Ponzi schemes by Vanessa Blum, the search for assets is a major stumbling block. Other reasons include, the slow pace of litigation, and the heavy workload of law enforcement. One puzzling question for most is why should investors that have lost large amounts of money only recoup pennies on the dollar for these flagrant ponzi schemes?

According to the receiver, Alan Goldberg, the Riolo ponzi scheme took in at least $20 million from investors, which was mostly used to support a lavish lifestyle for Michael Riolo. Unfortunately, there is little left of value apart from a home valued at $1.2 million and about $200,000 in assets.

Investors must be extra cautious in today's market of investing. What can an investor do if they feel they are a victim of a Stockbroker fraud or a Ponzi scheme? Contact an experienced attorney to discuss their rights and what strategies are available to recoup their losses.

"Glaring Red Flags and Returns to good to be true", should have alerted Mr. J. Ezra Merkin to the Madoff Ponzi scheme according to New York Attorney General Andrew Cuomo. He is bringing the suit against Merkin because of his actions and reckless disregard regarding unsuspecting investors losing $2.4 billion. Although his clients lost money, Merkin personally gained $470 million for his careles actions. Merkin is the general partner of Ascot and Gabriel, domestic hedge funds and has been involved with running investment funds since 1989. One would think that with all his experience and credentials, he should have known better.

In a 54-page complaint filed earlier this week, New York Attorney General Cuomo accuses Merkin of duping his customers into believing he was investing their money. He touted himself as an "investing guru" when "in reality" he was only "a master marketeer."

On a positive note, Merkin is not accused of knowing about Madoff's fraud. However, because of his experience and track record, he should have known better. In the complaint, Cuomo is stating that Merkin is guilty of "deceit, recklessness, and breaches of fiduciary duty."

Click here to read more from the Law Journal Article on N.Y. Attorney General Sues Financier Over Madoff Losses

All eyes are on this New York case, because of the implications for other Brokers. Time will tell if Merkin and others will face consequences for client losses in the Madoff Ponzi scheme.

Let's hope that Justice Prevails and that Attorney General Andrew Cuomo has sucess with his suits against Merkin.