Merrill Lynch Found Guilty of Intentional Misconduct With Regard to Analysts' Stock Ratings
February 28 2005 - 10:52AM
PR Newswire (US)
Merrill Lynch Found Guilty of Intentional Misconduct With Regard to
Analysts' Stock Ratings - Merrill Lynch Ordered to Pay More Than $1
Million Including Punitive Damages - BOCA RATON, Fla., Feb. 28
/PRNewswire/ -- Merrill Lynch, Pierce, Fenner & Smith, Inc.
(Merrill Lynch) has been ordered by an arbitration panel of the
National Association of Securities Dealers, Inc. (NASD) to pay more
than $1 million to Gary and Lisa Friedman, including punitive
damages, on the Friedmans' claim that Merrill Lynch hid conflicts
of interest and issued fraudulent analyst reports and ratings in
order to boost the firm's investment banking revenue. According to
the award, the arbitration panel found "clear and convincing
evidence" that Merrill Lynch was "guilty of intentional misconduct
in that they had actual knowledge that many of the companies for
which they were issuing and/or maintaining ratings of 1, 2 or 3
during the relevant period of time were, in reality, overvalued by
this rating system." Further the panel found that Merrill Lynch
manager, "knowingly condoned, ratified and consented to the conduct
of its employees." The Friedmans were represented by Boca Raton,
Florida securities attorney Robert W. Pearce who argued that all of
Merrill Lynch's research analysts were conflicted by the firm's
flawed business model. The Friedmans, who did not own any of the
securities identified in New York Attorney General Elliott
Spitzer's investigation or the global settlement reached with Wall
Street firms in 2003 (see endnote for list of securities in the
Friedmans' portfolio), received a seven-figure award with Mr.
Pearce's assistance. "The Merrill Lynch fraud was not limited to
its Internet sector research analysts," said Pearce. "It was clear
that Merrill Lynch used all of its analysts, securities reports and
ratings as marketing vehicles to bolster its investment banking
business." This ruling also represents one of few cases in which
punitive damages have been awarded in any analyst case and is one
of the rare instances in which a $1 million+ award has been issued.
"This is the largest punitive damage award we have seen in a
research analyst case and has significant findings of fact," said
Rick Ryder, publisher of Securities Arbitration Commentator,
Maplewood, NJ, which tracks awards in the securities industry.
"This case will provide encouragement to investors who have filed
similar claims to pursue them. It also creates a path for others to
follow regarding how to prepare and present a compelling research
analyst case." Pearce stipulated this was a pure Merrill Lynch
research analyst conflict- of-interest case and that there were no
other issues involved. "The fact that part of Merrill Lynch
analysts' compensation was based upon the performance of the
investment banking division is a blatant conflict of interest that
was never disclosed to clients," said Pearce. "Individual investors
across the country lost billions of dollars because Merrill Lynch
and other firms used analysts to pad their own pockets and benefit
their investment banking clients instead of their retail clients."
A complete copy of the NASD Award can be found at
http://www.secatty.com/FriedmanG-ArbAward.pdf . About Robert W.
Pearce Robert Wayne Pearce of the Law Offices of Robert Wayne
Pearce in Boca Raton, FL has specialized in securities litigation
and arbitration matters for 25 years. He represents investors,
brokers and others in court, arbitration and administrative
proceedings before the SEC, CFTC, NASD, NYSE and other government
regulatory agencies. For more information on Mr. Pearce, call (800)
732-2889 or visit http://www.secatty.com/ . Endnote: Friedman
Portfolio: Agilent Technologies (A) Agere Systems A (AGR.A) Agere
Systems B (AGR.B) Alcatel (ALA) AOL Time Warner (TWX) America
Online (AOL) Ariba (ARBA) Autonation (AN) Avaya (AV) AXA (AXA)
Bellsouth (BLS) JP Morgan Chase (JPT) Ciena (CIEN) Cisco Systems
(CSCO) Commerce One (CMRCO) Compaq Computer (HP) Corning Inc (GLW)
Electronic Data Systems (EDS) Ericsson LM (ERICY) Genxyme Corp
(GENZ) Glaxosmithkline (GSK) Inktomi (INKT) Lockheed Martin (LMT)
Lucent (LU) Mastec (MTZ) Microsoft (MSFT) Monsanto (MON)
Monsanto/Pharmacia (PHA) Motorola (MOT) National Beverage Corp
(FIZ) NCR (NCR) Newbridge Networks (NBGC.PK) Nokia (NOK) Smithkline
Beacham (GSK) Sovreign Bancorp (SOV) Sun Microsystems (SUNW)
Sycamore Networks (SCMR) Texas Instruments (TXN) Walt Disney (DIS)
DATASOURCE: Law Offices of Robert Wayne Pearce CONTACT: Michael
Biagiotti, +1-561-620-8788, for Law Offices of Robert Wayne Pearce
Web site: http://www.secatty.com/
http://www.secatty.com/FriedmanG-ArbAward.pdf
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