Articles Posted in Lincoln Financial Advisors

JPMorgan Chase & Co. (JPM), HSBC Holdings Plc (HSBA), Goldman Sachs Group Inc. (GS), Credit Suisse (CS), and fourteen other big banks have agreed to changes that will be made to swaps contracts. The modifications are designed to assist in the unwinding of firms that have failed.

Under the plan, which was announced by the International Swaps and Derivatives Association, banks’ counterparties that are in resolution proceedings will postpone contract termination rights and collateral demands. According to ISDA CEO Scott O’Malia, the industry initiative seeks to deal with the too-big-to-fail issue while lowing systemic risks.

Regulators have pressed for a pause in swaps collateral collection. They believe this could allow banks the time they need to recapitalize and prevent the panic that ensued after Lehman Brothers Holdings Inc. failed in 2008. Regulators can then move the assets of a failing firm, as well as its other obligations, into a “bridge” company so that derivatives contracts won’t need to be unwound and asset sales won’t have to be conducted when the company is in trouble. Delaying when firms can terminate swaps after a company gets into trouble prevents assets from disappearing and payments from being sent out in disorderly, too swift fashion as a bank is dismantled.

A Financial Industry Regulatory Authority arbitration panel says that Lincoln Financial Advisors Corporation must pay the Wright Family Trust $1.6M over securities claims related to investments that were made in a number of funds. Andrew and Blenda Wright, the claimants, alleged fraud, negligent misrepresentation, intentional misrepresentation, breach of fiduciary duty, failure to supervise, elder abuse, unauthorized and unsuitable transactions, and breach of contract. Other respondents named in the claim are Rollance Vekennis and John Marshall.

The claims are related to the investments made in:
• Rye Select Broad Market Fund, which is a Bernard L. Madoff Investment Services LLC feeder fund
• Johnston Asset Management International Equity Fund
• Mount Yale Large Cap Growth Fund
• Mount Yale Mid Cap Growth Qualified Fund
• Mount Yale Large Cap Value Qualified Fund
• Mount Yale Small Cap Qualified Fund
• Kinetics Advisers Institutional Partners Fund

The claimants had sought $1.5 million in compensatory damages.

The FINRA panel has ordered the respondents to pay $1.17 million in compensatory damages, including 10% annual interest between the date of the award and the time it is paid. Lincoln Financial must also pay another $590,000 in compensatory damages (also with 10% yearly interest until paid), the $600 initial filing fee, $22,800 in hearing session fees, and $8,550 in member fees.

Related Web Resources:
FINRA Panel Awards $1.76M For Madoff and Other Fund Investments, OnWallStreet, April 29, 2011

FINRA

More Blog Posts:
SEC Approves FINRA’s Proposal to Give Investors an All-Public Arbitration Panel Option, Stockbroker Fraud Blog, February 12, 2011

Raymond James Must Pay $925,000 Over Auction-Rate Securities Dispute, Institutional Investor Securities Blog, September 1, 2010

Linsco Private Ledger Clients File FINRA Arbitration Claims Accusing Former Financial Adviser Raymond Londo of Running Multi-Million Dollar Ponzi Scam, Stockbroker Fraud Blog, April 13, 2010

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