SIPC EXPECTS TO ADVANCE $5 MILLION TO INVESTORS HIT BY THEFT
AT OHIO BROKERAGE FIRM
Smooth Relocation of Over 27,000 Investor Accounts Underway
WASHINGTON, D.C. April 3, 2001 - The Securities Investor
Protection Corporation (SIPC), which maintains a special reserve
fund authorized by Congress to protect investors at bankrupt brokerage
firms, announced today that it expects to restore more than $5 million
to more than 100 investors who had assets stolen at Donahue Securities
in Cincinnati, Ohio.
SIPC also said that it has worked with a trustee to facilitate
the quick transfer to new brokerage firms of more than 27,000 other
Donahue accounts, including participants in 403(b) retirement and
pension plans set up by hospitals, universities and other non-profits
in the state. These clients, who were not jeopardized by the theft,
would have faced disruption in their accounts if not for the intervention
by SIPC and the trustee. Nonetheless, SIPC urged all Donahue investors
to file claims in order to make the most of the potential protection
afforded their accounts.
Stephen Donahue, former president of Donahue Securities, has been
accused of misappropriating at least $6 million of his clients'
funds by enticing them to invest in a phony tax-free mutual bond
fund, which also was described to investors as a money market account
fund. In February 2001, the U.S. Securities and Exchange Commission
(SEC) moved to take action against Donahue.
Without admitting the allegations contained in the SEC complaint,
Mr. Donahue voluntarily consented to the entry of a permanent injunction
against him. On March 6, 2001, a trustee was appointed pursuant
to the Securities Investor Protection Act (SIPA) to control the
liquidation of Donahue Securities, while at the same time a receiver
was appointed to oversee Mr. Donahue's personal assets, as well
as those of the assets of S.G. Donahue, an affiliated company.
"The Donahue case is a textbook illustration of why Congress
created SIPC to protect investors at troubled brokerage firms,"
said SIPC President Michael Don. "While outright theft of
this sort is uncommon, it is important for investors to know that
SIPC is here as a safety net when they need us in these situations.
SIPC's mission also was met here in terms of making sure that the
27,000 Donahue clients who were not victimized avoided having their
assets tied up for months or longer in a bankrupt brokerage firm."
The following statement was issued today by Michael G. Oxley, Member
of Congress, Fourth Ohio District, and Chairman, House Financial
Services Committee:
"Congratulations to SIPC for returning over $5 million to
investors, many of them from my state, who were defrauded in the
Donahue Securities case. This kind of effective response to fraud
gives everyone faith in the strength of our financial systems. Quality
oversight from the SEC and SIPC is one of the reasons our financial
markets are the envy of the world."
Douglas Tripp, an attorney with the Cincinnati law firm of Frost
Brown and Todd LLC is acting as trustee in the Donahue proceeding.
Tripp said: "I am pleased to report that we successfully
transferred nearly all of the broker-dealer customer accounts to
SIPC member firms within the first few days following my appointment.
The claims process commenced on March 28, 2001 with a mailing of
claims materials to all customers of record, and we expect that
the individuals identified by the SEC as being victimized by Mr.
Donahue in this case will eventually be made whole through that
process. "
Tripp added: "However, it is possible that there are other
victims who have not yet been identified and because of this, we
strongly recommend that all customers, including those individuals
victimized by Mr. Donahue, who have not yet filed claims do so as
soon as possible."
SIPC President Michael Don said that the vast majority of the individuals
who fell victim to Mr. Donahue's scheme were in Ohio. A total of
$6.2 million in losses have been identified so far; SIPC expects
to advance more than $5 million from its special reserve fund authorized
by Congress towards satisfaction of claims of Donahue's customers.
"I want to emphasize that all Donahue investors in this
matter should file claims, even if they believe their accounts have
been transferred without a hitch," SIPC's Don said. "Under
our rules, claims must be filed for errors to be corrected. So,
it's really the wisest course of action."
The Donahue theft case is the most recent example of major use
of the SIPC reserve fund. SIPC reported on August 10, 2000 that
it was acting as trustee on behalf of individual investors and pension
funds hit by the theft of at least $1 million at the Tallahassee-brokerage
firm Meridian Asset Management, Inc. Meridian's president was found
to have misappropriated assets and created fictitious accounts to
cover up the theft. On June 20, 2000, SIPC announced a record payment
of $31 million to restore stocks and cash that 9,738 investors lost
due to theft at Sunpoint Securities, a Longview, Texas-based firm.
Investors in all 50 states received SIPC reserve funds in the Sunpoint
case.
ABOUT SIPC
From its creation by Congress in 1970 through December 2000, SIPC
advanced $391 million in order to make possible the recovery of
$3.8 billion in assets for an estimated 443,000 investors. SIPC
estimates that more than 99 percent of eligible investors have been
made whole in the failed brokerage firm cases that it has handled
to date.
SIPC either acts as trustee or works with an independent court-appointed
trustee in a missing asset case to recover funds. The statute that
created SIPC rules provides that customers of a failed brokerage
firm receive all non-negotiable securities that are already registered
in their names or in the process of being registered. At the same
time, funds from the SIPC reserve are available to satisfy the remaining
claims of each customer up to a maximum of $500,000. This figure
includes a maximum of $100,000 on claims for cash.
Recovered funds are used to pay investors whose claims exceed SIPC's
protection limit of $500,000. SIPC often draws down its reserve
to aid investors. Recovered funds also are used to replenish SIPC's
reserve in the event that the reserve is tapped in the early stages
of a liquidation proceeding.
SIPC is an important part of the overall system of investor protection
in the United States. While a number of federal, self-regulatory
and state securities agencies deal with cases of investment fraud,
SIPC's focus is both different and narrow: Restoring funds to investors
with assets in the hands of bankrupt and otherwise financially troubled
brokerage firms. The Securities Investor Protection Corporation
was not chartered by Congress to combat fraud.
FOR MORE INFORMATION, CONTACT:
Ailis Aaron, The Hastings Group,
(703) 276-1116 or aaaron@hastingsgroup.com
Visit SIPC on the Web at www.sipc.org