July 18, 2007

Wedbush Hit with Nun’s Complaint over CMO’s - May Have More Than Brokers in Common with Brookstreet

Last month, when Brookstreet Securities suffered a flame-out over high risk mortgage investments, its second in command, also the son of its founder, joined Wedbush Morgan and invited Brookstreet brokers to join him at that firm. Some thought it an odd fit, but the firms may have more in common than earlier believed.

Recently, a group on nuns, who claim they were led to believe they were making safe investments, apparently had their funds invested by Wedbush into mortgage-backed CMO securities which were just pools of mobile home loans. They soon lost $1 million, according to a complaint filed by The Sisters of St. Joseph of Carondelet in California against Wedbush Morgan in arbitration through the National Association of Securities Dealers.

Ed Wedbush, president of the firm that handled the nuns' investments, said in an interview that the losses in this and other cases came on the riskier portions of mortgage investments and were the result of "clients being very aggressive and wanting high yields." They should have understood, he said, that "high yield is high risk." (The statement resembles another recently made by Oppenheimer & Company, which claimed an elderly widow “only has herself to blame” for losses in a joint account as her husband lay dying. Oppenheimer was subsequently fined $1 million and ordered to reimburse over a million to the widow by the state of Massachusetts.)

Wedbush has been named in over 40 complaints over CMO products. It was ordered to pay over $1 million to the Narramore Christian Foundation, a nonprofit mental-health organization in Arcadia, Calif. In another case, it was ordered to pay $3.8 million in damages and fees to 22 investors. Wedbush blames these problems on one broker who it says has since the left the firm.

These are among several broker-fraud complaints involving risky mortgage investments that have been filed with regulators and in securities arbitration actions. Some cases involve sub-prime loans while others are in “interest only”, “inverse floaters” and other high-risk, difficult to understand and dificult to price mortgage investments.

Samco Financial Services is another firm accused of defrauding a "novice investor" into investing her funds, which she wanted to be safe, into “inverse floater CMOs.” The complaint states that her $100,000 was wiped out before she even started, since the securities purchased in her account were worth $100,000 less than she even paid for them. The firm gave up its brokerage license last year, according to the NASD.

Just as multi-billion dollar portfolios such as hedge funds, including those managed by Bear Stearns Cos, have been hit hard by losses in sub-prime and other high-risk mortgage securities, so also have smaller institutional portfolios and even individuals' accounts endured losses. Such losses have come through CMO and other mortgage-backed securities, but also through certain partnerships, REITs shares, mutual funds and other investment vehicles.

Shepherd Smith and Edwards represents institutional and individual investors nationwide in claims against members of the securities industry. We have served thousands of victims of misconduct by investment firms and their representatives, including those at Brookstreet and at Wedbush Morgan. To learn whether our firm can assist you, contact us to arrange a free consultation with one of our attorneys.

July 9, 2007

Some Brookstreet Brokers Become Wedbush Morgan Brokers

As we reported in June: Brookstreet Securities Corp. reported severe problems with CMO securities and soon announced its closing. Scott Brooks (son of Stan Brooks, founder of Brookstreet) left for Wedbush Morgan Securities Inc. of Los Angeles, inviting Brookstreet's representatives to join him.

Brookstreet operated using independent contractors almost exclusively and Wedbush reportedly plans to sign the Brookstreet representatives to similar agreements. Wedbush Morgan had about 40 independent contractor reps of 260 total brokers, said Ed Wedbush, that firm's CEO. About 100 of the 650 Brookstreet brokers have so-far followed Scott Brooks, according to Ed Wedbush. "We're recruiting, like other firms, some of their brokers and bond traders,” he said.

Many Brookstreet reps don't know much about Wedbush, said Larry Papike, a San Diego-based recruiter, “So I think brokers really started looking around for other solutions,” he said. Securities America Inc. and J.P. Turner & Co. have picked up a number of Brookstreet reps, Mr. Papike said.

Shepherd Smith and Edwards represents clients that are the victims of securities fraud. If you have lost money because of misconduct by someone in the securities industry, hiring an experienced law firm can increase the chances of recovering your losses. Contact Shepherd Smith and Edwards today.

June 25, 2007

Son of Brookstreet Founder Joins Wedbush Morgan and Invites Brookstreet Brokers to Join Him

First announced on this Blog last week was news of problems at Brookstreet Securities. Midweek, the firm then reported that “disaster” had struck because CMOs owned by the firm and its clients had been marked down in price and margin calls had caused the firm to reach the brink of failure. On Friday, Brookstreet closed for business.

Over the weekend we heard a rumor, not confirmed, that Scott Brooks, the son of Brookstreet founder Stanley Brooks, had joined Wedbush Morgan Securities of Los Angeles and invited the Brookstreet brokers to do the same. That rumor was confirmed today in news reports.

Brookstreet’s brokerage business was conducted through independent contractor brokers similar to giant Linsco Private Ledger and other firms. Before now, Wedbush Morgan did not have an independent contractor brokerage arm, as do other firms including Raymond James Financial, Inc.

It is reported that Scott Brooks, the former executive vice president of Brookstreet, will “substantially build and staff” that part of the business. “I understand that you have options,” he told the reps in an e-mail. “I believe this is an optimal solution for you.”

There is competition among other brokerage firms and headhunters to recruit Brookstreet brokers. including through the use of highly placed Internet ads purchased through Google. An industry source says that Securities America Inc. of Omaha, Nebraska has made particularly aggressive offers.

Shepherd Smith and Edwards represents clients that are the victims of securities fraud. If you have lost money because of misconduct by someone in the securities industry, hiring an experienced law firm can increase the chances of recovering your losses. Contact Shepherd Smith and Edwards today.

June 24, 2007

Brookstreet Liquidates Portfolio after Margin Calls by Fidelity Unit

Brookstreet Securities Corp. has liquidated securities following margin calls by National Fidelity Securities (NFS), a division of Fidelity Investments.

Earlier in the week, it was reported on this blog that Brookstreet informed its agents in an E-mail that “disaster” had struck the firm. NFS had marked down the value of collateralized mortgage obligations (CMOs) that the firm and its clients held and that the firm would likely fail without an infusion of capital. A copy of that E-mail can be found in an earlier Blog story.

Because of the markdowns of the CMOs, margin calls were issued leading to a liquidity crunch, according to a Brookstreet trader. When the margin calls were not satisfied, the securities were liquidated. On Friday, the firm announced that it had closed for business.

Funds and securities in Brookstreet clients' accounts, held at NFS, will continue in the custody of that “clearing firm,” said a Fidelity spokesman, referring all further questions to Brookstreet.

As earlier reported here, while the value of many Brookstreet clients’ accounts fell, NFS would not speak with clients, referring them to “your broker.” Meanwhile, their brokers were not answering their phones.

"We have been advised by Brookstreet that its securities business is limited to liquidating trades only," the NFS spokesperson said. This means that sales can be entered in client accounts, but no purchases (except to cover short positions). The question for many Brookstreet customers was who they should call to sell their positions.

The securities litigation firm of Shepherd Smith Edwards & Kantas LTD LLP is committed to helping investors that have been the victims of securities fraud recoup their losses. If you would like to speak with one of our attorneys, contact Shepherd Smith and Edwards today.


June 22, 2007

News Flash: Brookstreet Securities Closes its Doors

Today was "Black Friday" for Brookstreet Securities, as it closed for business. The firm's 650 independent contractor brokers have been terminated, says Stanley Brooks, President of the firm. Brookstreet clients are left in limbo, many with huge losses in their accounts.

As reported earlier this week, Brookstreet Securities Corp, based in Irvine, California, told its agents that "disaster" had struck and it was in eminent danger of folding. The e-mail communication (previously posted on this site) claimed this was as a result of mark-downs on collateralized mortgage obligation securities (CMOs) by Fidelity's National Financial Services (NFS), which cleared trades and maintained accounts for Brookstreet.

Some of Brookstreet's clients report that their accounts continued to fall in value this week. Yet, if they attempted to do anything NFS told them they must to talk to their (Brookstreet) broker, but their broker was not answering the phone. Meanwhile, Some of these clients' margin accounts slipped into the "red", meaning not only have these investors' funds disappeared but NFS now claims the investors owe it money!

Brooks said the firm had a value of about $17 million at the end of May which has evaporated. He said he turned down several tentative offers to recapitalize the firm. "I am flabbergasted," said Brooks, 59. "My life's work is gone."

William S. Shepherd, founder of Shepherd Smith and Edwards a law firm which represents investors nationwide in claims against financial firms states:

"I have met with and had favorable dealings with Mr. Brooks in the past and consider him to be a decent person. I would be surprised to learn he personally cheated his clients. However, there are apparently many Brookstreet investors whose accounts have also 'evaporated'. Many lost retirement and other savings, meaning their own "life's work is gone". These victims likely face a financial situation worse than that of Mr. Brooks."

We at Shepherd Smith and Edwards have claims pending against Brookstreet Securities, are in the process of filing new claims and are taking steps toward a class action. If you or someone you know has suffered losses, contact us to arrange a free confidential consultation with one of our attorneys.

More information about the situation at Brookstreet Securities

June 21, 2007

Will Brookstreet Securities Be Wiped Out by a CMO Debacle?

Claims are being filed and steps are being taken toward a class action to assist investors recover their losses after Brookstreet Securities reportedly advised its 500 brokers via E-mail that "disaster" had struck which could soon close the firm! Text of the firm's internal e-mail is as follows:


"Disaster, the firm may be forced to close...

"Today, the pricing system used by National Financial has reduced values in all Collateralized Mortgage Obligations. Many of those accounts were on margin and have suffered horrendous markdowns and unrealized as well as realized losses.

"National Financial and the regulators expect Brookstreet to pay for realized liquidated losses and take a capital charge for unrealized mark to market losses. This firm has done a valiant if not Herculean job of managing the liquidations and capital charges to the firm's net worth and net capital. We had reduced the margin balance significantly; we had liquidated and reduced exposure by 80%.

"That still left a $70,000,000 margin balance against around 85,000,000 of value. Unfortunately the pricing service used by NF revalued many CMO positions downward last night. We went from a positive net capital of 2.4 million, down from 11 million at the end of May, a negative net capital of 2.1 million. It would take a capital infusion of at least $5,000,000 to keep the company in compliance with no guarantee that additional markdowns will not be forth coming.

"I cannot in good conscience request that anyone put money in the firm, I think $10,000,000 could be a minimum without consideration of the horrific customer complaints to follow.

"I have told many of you that you are always in danger of not being paid on your last check when working for any broker dealer, which is why I have always paid twice per week and maintained huge net cash positions, generally in the realm of 15,000,000 on average. I will try to get enough money from our account at NFS to complete our upcoming payrolls.

"Since I have been writing this letter I have received three hurried inquiries about re capitalizing the company. I will negotiate an arrangement that guarantees that everyone gets paid, to the best of my abilities. Please stay at Brookstreet at least until Friday so I may do my best for each of you. Unfortunately we are on 'SELL ONLY.'

"I believe I will be able to reconstitute another opportunity for everyone that will result is a minimum of change and disruption. There will be disruption. Please give a day or so for us to come up with the best strategy. This has happened to us in one day, amazing. All of our family net worth is in the firm, please give me time to present a new plan."


Brookstreet operates through independent contractor brokers nationwide and last year generated approximately $70 million in gross revenue. The firm was founded by Stanley Brooks who, with family members, reportedly owns 75% of the firm.

The law firm of Shepherd Smith and Edwards represents investors nationwide in claims against investment firms. We have represented investors in claims against Brookstreet Securities and have a number of new clients who recently lost in their accounts at that firm. We have also taken steps to institute a class action. To learn whether we can assist you or inquire about joining a class action, contact us to arrange a free confidential consultation with one of our attorneys.