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Judge refuses to dismiss AIG class-action lawsuit
Securities Class Action |
2010/09/27 05:18
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A federal judge on Monday refused to dismiss a class-action lawsuit accusing American International Group Inc of misleading investors about its exposure to subprime mortgages, which led to a liquidity crisis and $182.3 billion of federal bailouts. U.S. District Judge Laura Taylor Swain said the plaintiffs alleged facts "giving rise to a strong inference of fraudulent intent" in how AIG communicated publicly about the risks in its portfolio of credit default swaps. The lawsuit covers investors who owned AIG securities between March 16, 2006, and September 16, 2008, when AIG received its first bailout. |
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Adobe stock plummets 20%
Stock Market News |
2010/09/22 22:02
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Shares of Adobe Systems plummeted Wednesday after the software developer indicated that sales and earnings for its next quarter might fall short of expectations.
Adobe said late Tuesday that fourth-quarter profits, excluding one time items, would be in the range of 48 to 54 cents per share, while analysts were expecting 52 cents per share.
Shares of Adobe fell more than 20% from Tuesday's close and at one point hit $25.81, a new 52-week low.
David Hilal, an analyst at FBR Capital Markets, pointed to the disappointing performance of Adobe Creative Suite 5, a product grouping that includes Adobe Photoshop and Acrobat, as a reason for concern.
"The uncertainty of demand from these markets led management to provide lackluster guidance and makes us lower our expectations," Hilal wrote in an analysis, citing a lack of demand in both Japanese and domestic education markets.
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Fraudulent Practices in the Sale of Indexed Annuities
Securities Lawyers |
2010/09/22 10:23
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If approached by your broker (or financial advisor or insurance agent) to purchase an indexed annuity there are some things an investor should consider. First, an indexed annuity (also known as, equity-indexed annuity or fixed indexed annuity) is a fixed annuity, either immediate or deferred, that earns interest or provides benefits that are often linked to an equity or stock market index. In 2008, the National Association of Insurance Commissioners (NAIC), an association of state insurance regulatory officials, issued a buyers guide to indexed annuities, which provides educational information on indexed annuties. Did your broker provide you with one? The Financial Industry Regulatory Authority (FINRA) also published an investor alert on indexed annuities. Unscrupulous brokers take advantage of naïve, unsuspecting investors, especially seniors, and heavily pitch purchases into indexed annuities. Often they will tout indexed annuities as being better than bank CDs and will convince investors to liquidate their CDs to buy an indexed annuity. Investors with variable annuities are often approached by a broker to buy indexed annuities, touting them as being safer than then variable annuity, which has investment choices whose principal can be subject to market volatility. Did the broker recommend you to consider moving money into the fixed account of the variable annuity? If not, the broker is probably only motivated to earn a commission which can be as high as 5%. Another fraudulent tactic is to entice an investor with an “upfront bonus” to buy an indexed annuity but what a devious broker may not tell you is that often you would have to annuitize the annuity in order to take advantage of the bonus benefit – it’s not free money, there’s a cost to every benefit in an annuity. Other brokers may convince you that the annuity they sold you earlier is now out-of-date and try to sell you another annuity claiming to have “better and more features.” |
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Penny Stock Risks – Caveat Emptor
Legal Marketing |
2010/09/22 10:22
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The securities industry has tough rules when it comes to brokers soliciting the purchase of “penny stocks.” Typically a stock is considered a “penny stock” when it trades for less than $5 a share and it does not trade on a major exchange (e.g., New York Stock Exchange or NASDAQ).
Penny stocks normally trade on the OTC Bulletin Board (OTCBB) or Pink Sheets. Aside from the requirements, among others, that soliciting brokers have to supply investors with a document disclosing the risks associated with penny stocks and wait, in some cases, 2 days after providing the disclosure document before placing your first order (i.e., “speed bump”), there are actual disclosure ratings assigned to each penny stock. A market center called OTC Markets places penny stocks into different disclosure categories based on things from whether or not the company is current on its financial reporting to whether the stock is the subject of fraud or stock promotion.
Your broker and his brokerage firm and clearing firm have access to this information and so do you. There are over 13,000 stocks having either the label of “Caveat Emptor,” “Grey Market,” or “Pink Sheets No Information.” Have you bought a penny stock recommended by a stock broker that has one of those labels? Did your broker disclose that to you? |
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SEC Has Toughened Enforcement Efforts, Agency Says
Headline Legal News |
2010/09/22 10:21
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The Securities and Exchange Commission's chief enforcement official says the agency has toughened its efforts to shut down financial misconduct after failing to act quickly in the cases of R. Allen Stanford and Bernard Madoff. SEC Enforcement Director Robert Khuzami says in testimony prepared for a Senate hearing that "we have moved aggressively" to put in place reforms recommended by the SEC inspector general. The IG found that the SEC knew since 1997 that Stanford likely was operating a Ponzi scheme but waited 12 years to bring fraud charges against the billionaire. Khuzami also tells the Senate Banking Committee the SEC is working to provide "maximum recovery" to investors hurt in Stanford's alleged $7 billion fraud. Stanford has been in federal prison since his indictment in June 2009 on criminal charges that his international banking business was really a pyramid scheme. He is disputing the charges. He faces a life sentence if convicted. The SEC didn't bring civil fraud charges against Stanford until February 2009. SEC Inspector General David Kotz said in a report issued in April that "institutional influence" in the enforcement division was a factor in the agency's repeated decisions not to conduct a full investigation. The report found that SEC enforcement officials discouraged cases that couldn't be resolved quickly. And it said an SEC enforcement official who helped quash investigations later legally represented Stanford. The SEC's office in Fort Worth, Texas, had conducted "examination after examination" of Stanford's business over eight years, but "merely watched the alleged fraud grow, and failed to take any action to stop it," Kotz testified at Wednesday's hearing. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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