Friday, February 18, 2011

MADOFF SCAM BECOMES 'EARTH' QUAKE

The fallout from a stunning $50 billion swindle - allegedly engineered by Bernard Madoff - is turning into a global pandemic.

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International banks, hedge funds and small-time investors from Japan to Switzerland emerged yesterday as potential victims in what's being called history's largest Ponzi scheme.

The international losses alone could be more than $8 billion.

Just in Geneva, banks reportedly may be out of $4 billion invested with Madoff.

Tokyo's Nomura Holdings, which reportedly recently began marketing Madoff's fund abroad, also is swept up in the financial wipeout.

And Bermuda's Kingate Management had invested part of its $2.8 billion fund with Madoff.

"It's overwhelming. We have been interviewing people from as far away as Argentina, London - of course, Palm Beach and the New York area - up and down the Eastern seaboard, and out West," said attorney Mark Mulholland, who has filed a class-action suit against Madoff in federal court in Long Island.

Meanwhile, it was revealed yesterday that Madoff's investment business hasn't been inspected by the Securities and Exchange Commission since he registered with the agency in September 2006, according to Bloomberg News.

Generally, the SEC scrutinizes a newly registered firm's books in the first year and then checks them at least every five years.

Madoff's brokerage firm - which is separate from the investment business - was found to have three violations in a 2005 inspection for violating rules on trade prices. But the company was inspected last year without a claim.

While the effects of the alleged scam were felt worldwide, the brunt of its effect is being felt among wealthy country-club investors Madoff cultivated on Long Island and in South Florida.

Some of the Big Apple's wealthiest individuals and institutions may have been duped, including Yeshiva University - on whose board Madoff sat - Mets owner Fred Wilpon and the former owners of the Stop & Shop supermarket chain.

Other notables who have reportedly been stung by the collapse of Madoff's fund are Sen. Frank Lautenberg (D-NJ) and members of New York's Loeb family.

Sources say Kay Windsor founder Carl Shapiro lost $400 million, and Nine West founder Jerome Fisher, who lives in Palm Beach, Fla., lost $150 million.

North Shore-Long Island Jewish Health System on Long Island and the Texas-based Julian J. Levitt Foundation are also believed to have lost millions.

"The numbers we are hearing from these victims in terms of losses are in the hundreds of millions absolutely," Mulholland said.

American hedge funds were far from immune.

Maxam Capital Management, of Darien, Conn., may have lost $280 million and has been forced to close. The Fairfield Greenwich Group in Connecticut had part of its $7.5 billion fund invested with Madoff. And New York-based Access International also lost an unknown amount.

The SEC has seized Madoff's assets and Lee Richards has been named receiver to go through Madoff's books to determine who is entitled to surviving funds.

Investors anxious about their investments have been urged to call Richards at (214) 647-7511.

Investment News - The Leading News Source for Financial Advisors

Lawsuits against Fisher Investments may lead to other adviser litigation

If legal action against Fisher Investments is any indication, financial advisers increasingly will face lawsuits and arbitration claims from clients who are angry about investment losses.

Fisher Investments Hit with $1.2 Million Arbitration Claim by Senior Investors Alleging Breach of Fiduciary Duty

A senior couple has filed a $1.2 million arbitration claim against Fisher Investmentsfor allegedly neglecting to fulfill its fiduciary duty to them. According to Georgia residents Michelle and Brent Murphy, the investment advisory firm invested too much of their $2.5 million portfolio into stocks last year—nearly 100% in equities—even when it knew the market was failing.

Fisher Investments started handling the couple’s investments in 2007. The Murphy’s securities arbitration lawyer says that Fisher Investments neglected to properly diversify his clients’ portfolio, which should have been done considering that the two of them are retired and need fixed-income investments. He says that he will be filing more claims against Fisher Investments.

Responding to the claim, Fisher Investments chief executive Ken Fisher called it “nonsense,” says his firm acted appropriately, and he vowed to teach the couple’s attorney an unforgettable lesson.

Fisher Investments is one of the biggest US investment advisory firms. It has 37,648 accounts and $28 billion in client assets.

When hearing about Fisher’s response to the Murphys' arbitration claim, Shepherd Smith Edwards and Kantas, LLP founder and securities fraud lawyer William Shepherd responded, “The attitude of a claim as 'nonsense' is typical for financial firms. Sadly, regulators reinforce this attitude with inaction and occasional slaps on the wrist. The only route to justice for investors is to hire an experienced securities law firm and file an arbitration claim. Our firm has represented thousands of investors nationwide in arbitration including against the most powerful financial firms. It will be my pleasure to teach Mr. Fisher a lesson he will not forget!”

Fisher Capital Management- Financial Market August 2010

Fisher Capital Management- Financial Markets: Sentiment in the financial markets has improved over the past month. The global economic recovery is continuing, so far there have been no sovereign debt defaults, and there has been a modest recovery in the euro. Investors and traders therefore appear to have concluded that the gloom was overdone.

But there has been evidence of a worsening situation in Spain, and the decision by the Chinese authorities to adopt a “more flexible” towards renminbi has also raised some concerns about the growth prospects for the Chinese economy.

Fisher Capital Management- Equity Markets: All the major equity markets, and the emerging markets, have improved over the past month.

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Wall Street has outperformed markets elsewhere because of some welcome economic data; there have been strong gains in most of the mainland European markets as the sovereign debt crisis has appeared to ease; the UK market has welcomed the measures by the new coalition government to address the problems of the huge UK fiscal deficit; and the Japanese market has also moved slightly higher.

Corporate results have been satisfactory; and this has helped to improve sentiment

amongst investors.

Government Bond Markets have had another unusual month. The sovereign debt crisis might have been expected to lead to a general weakness in bond markets; but the main effect has been to produce aggressive switching for the “weaker” markets to the “stronger” ones, and a further widening of the yield curve.

As a result the major markets are unchanged or only slightly lower at a time when the “weaker” markets, especially in Southern Europe, have continued their sharp declines. Slow economic growth and

Low short-term interest rates are continuing to provide support. Currencies: The improvement in sentiment in the markets has led to a movement of funds out of the “safe havens” of the dollar and the yen into commodity-related currencies and “riskier” assets. Both the dollar and the yen are therefore slightly weaker over the

Month; and this movement has also eased some of the pressure on the euro, and allowed it to recover.

Sterling has also improved as the markets have welcomed the measures introduced by the new UK government to reduce the fiscal deficit.

Fisher Capital Management- Short-Term Interest Rates: There have been no changes in short term interest rates over the past month in the major financial markets.

Fisher Capital Management- Commodity markets: have produced a mixed performance over the past month, with some weakness in base metal prices, but strong gains in the prices of cocoa, coffee, oil and precious metals.

FISHER CAPITAL MANAGEMENT warning tips

Fisher Capital Management Seoul Korea: Market Overview 1st Quarter 2010 - India is in a sweet spot. The central government budget which set the tone for reducing fiscal deficit and an unexpected increase in the policy rate to rein in inflation has convinced the markets and economists that India is on its way to having a robust economic growth.

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Richard Fisher on Boiler room management - with the current state of the economy, it is extremely important that you are fully aware of the ways in which you can make savings around your home, along with the steps you can take

Thursday, February 17, 2011

Fisher Capital Equipment Update - Market slams Fisher and Paykel on profit Warning

The share market has come down hard on Fisher & Paykel Appliances - with its shares falling 40 per cent after the company issued a profit warning today.

The whiteware manufacturer's shares, which were worth $2.94 this time last year and worth $1 on Friday, went into free fall and are currently trading at just 60 cents, a 40 cent fall.

Earlier today the company said it expected a net profit of $25 million to $30m, down up to 54 per cent on last year.

Due to the deterioration in the New Zealand dollar, Fisher & Paykel Appliances' total bank debt grew $122 from March last year to $512m at the end of January. It was predicted to be $570m by the end of March.

It is now looking at reviewing its capital structure and alternative sources of capital.

Fisher Capital Equipment Update - Market slams Fisher and Paykel on profit Warning - The market was very concerned the company had to come back with a capital raising, which was unexpected, said Hamilton, Hindin, and Greene director Grant Williamson.

The home appliance market had dropped off in all areas Fisher & Paykel exported to and there did not appear to be too many signs of a turnaround in world housing at the moment, he said.

"I think investors are starting to say; how long is it going to be before conditions change for the company? I think that's the biggest concern." Williamson said Fisher & Paykel Appliances' wares were sold into most new homes but when very few new homes being built it would have a serious effect on their sales.

A 40 per cent drop in share value was a big hit for the share price to take but that was the general state of the market.

"If any company disappoints the market then the market is very harsh on their share price and we have certainly seen that this morning with Fisher & Paykel Appliances."

The company announced it would not proceed with a capital note issue and was looking an alternative source of capital.

The directors were considering the merits of issuing equity, including to a cornerstone investor.

Williamson said he did not believe a capital notes rising would have been particularly well received.

He did not see any short term bounce in the price until there was clarification around the structure of equity rising. That was expected to be announced in early March.

"At the moment there's still a fair degree of selling in the market place, around the 60c level."- NZPA

Fisher Capital Management Equipment Leasing Construction Machineries, Suppliers Directory, business or construction machineries and other

Lawsuit against Fisher Investments a possible indicator that more investment lawsuits and arbitration claims against financial advisers may be in the works

Earlier this month, our securities fraud law firm published a blog post about a $1.2 million arbitration claim filed against Fisher Investments by a couple accusing the investment adviser of breach of fiduciary duty. Fisher Investments head Ken Fisher called the allegations “nonsense.”

He also brushed off claims made in an investment adviser lawsuit, this one filed in Houston federal court by investor Maurine Ford. The plaintiff contends that Fisher Investments is responsible for substantial losses sustained by a living trust that the firm began managing for her in June 2008. Before then, Lighthouse Capital Management LLP of Houston managed the trust. That is, until Fisher Investments purchased the client assets.

According to Ford’s complaint, the asset allocation in the trust’s account when it was transferred to Fisher Investments was 27% cash, 41% equities, and 32% fixed income. She contends that Fisher Investments recommended that the plaintiff reallocate the portfolio so that 100% would be invested in equities.

The $1.2 million investment advisor arbitration claim, filed in Georgia by Michelle and Brent Murphy, accuses Fisher Investments of keeping nearly 100% of the senior couple's investments in equities despite the market collapse that was taking place.

Mr. Fisher maintains that both cases against his firm are going to hit concrete walls. He has called the lawyers handling both cases “incompetent” and said that the clients “will be sorry in the end” for paying for legal fees when they end up empty-handed.

In response to Fisher’s claims, Stockbroker Fraud Attorney William Shepherd says, “While it is true that attorneys not accustomed to handling investors’ claims are indeed not competent to handle such cases, Mr. Fisher may discover that all lawyers are not incompetent in this area of the law. Investors who hire a legal team that has handled hundreds – or even thousands - of claims by investors, such as our firm, very well may surprise Fisher. We look forward to providing him with that learning experience.” Mr. Shepherd is the founder of securities fraud law firm Shepherd Smith Edwards and Kantas, LLP.

Following the majority of past market collapses, investors were most likely to try recouping their investment losses from broker-dealers and stockbrokers. Industry experts, however, are anticipating that this time around, investors may also seek to get their money back by filing lawsuits and arbitration claims against liable financial advisers.

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