Oppenheimer & Co. charged with ARS fraud

Massachusetts Secretary of the Commonwealth William Galvin today charged Oppenheimer & Co. Inc. with fraud and unethical conduct in the sales of auction rate securities.
NOV 18, 2008
By  Bloomberg
Massachusetts Secretary of the Commonwealth William Galvin today charged Oppenheimer & Co. Inc. with fraud and unethical conduct in the sales of auction rate securities. The complaint seeks to censure the New York broker-dealer and require it to return to Massachusetts ARS customers the money they invested. Massachusetts investors are unable to access nearly $56 million since the auction market froze last February, the complaint said. In addition, the state wants to revoke the broker-dealer agent registration of Oppenheimer’s chief executive Albert Lowenthal. The complaint charges that he and other executives, who could face fines, sold their auction rate securities holdings as they discovered the market was collapsing but failed to inform their clients. “Oppenheimer executives betrayed the trust of their clients by continuing to market these auction rate securities as safe cash equivalents when they knew this was not the case,” said Mr. Galvin said in a statement. “They kept their clients and their own advisers to those clients, in the dark, even as they themselves got out of that tottering market.” Two weeks before the auctions failed, Oppenheimer executives including Mr. Lowenthal; Larry Spaulding, chief operating officer; Greg White, managing director; and Louis Gelormino, ARS desk supervisor and senior vice president, sold their holdings. In selling ARS to clients, the firm avoided the word “auction” and classified them as “cash equivalent” on customer account statements, the complaint said. A spokesman for Oppenheimer & Co. Inc., which is not affiliated with OppenheimerFunds of Denver, was not available for comment at press time. An administrative hearings officer will hear the civil complaint, filed with the state’s securities division. Rulings can be appealed and at that point would become a court process.

Latest News

Details emerge of Ameriprise's offer to Commonwealth advisors
Details emerge of Ameriprise's offer to Commonwealth advisors

Ameriprise is offering up to 125% of trailing revenue to poach top-producing Commonwealth advisors from LPL as a recruiting battle continues to rock the independent advisor industry.

What wealth advisors need to know to begin to build their retirement practice
What wealth advisors need to know to begin to build their retirement practice

Amid growing regulatory and demographic tailwinds, advisors who embrace retirement planning can tap into an entirely new pool of clients.

More Americans fear outliving their savings than dying, Allianz survey finds
More Americans fear outliving their savings than dying, Allianz survey finds

Inflation, Social Security uncertainty, and day-to-day expenses are fueling retirement insecurity across all generations.

Summers warns of $1T revenue loss risk from Trump 'attack' on IRS
Summers warns of $1T revenue loss risk from Trump 'attack' on IRS

The former Treasury secretary envisions an avalanche of noncompliance as the federal tax agency weathers massive workforce reductions and a string of walkouts in its leadership.

Rogue rep, formerly with United Planners', keeps costing firm damages
Rogue rep, formerly with United Planners', keeps costing firm damages

United Planners’ costs related to lawsuits and regulators’ actions into the advisor continue to rise.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.