SIPC STEPS IN TO PROTECT INVESTORS IN $1 MILLION THEFT AT FLORIDA
BROKERAGE FIRM
Washington, D.C., August 10, 2000 - The Securities Investor
Protection Corporation (SIPC), which maintains a special reserve
fund authorized by Congress to help investors at bankrupt brokerage
firms, announced today that it is 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.
The SIPC action was part of the late July filing by the U.S. Securities
and Exchange Commission (SEC) of a complaint and consent to permanent
injunction against Meridian and its president. Under the terms,
the firm and its top officer consented to the appointment of SIPC
as a trustee in the case, an asset freeze, disgorgement of ill-gotten
gains, civil money penalty and other relief.
Based on an investigation by the SEC and the Florida Office of
the Comptroller, Meridian's president was found to have misappropriated
at least $1 million and created fictitious accounts to cover up
the theft. Two firms doing business with Meridian were found to
have improperly received at least $120,000 in stolen customer funds.
"This is a classic illustration of why Congress created
SIPC in order to protect investors at bankrupt brokerage firms,"
said SIPC President Michael Don. "While this type of fraud
is relatively rare, it is important for investors to know that SIPC
is here as a safety net when they need us."
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 of the 50 states received SIPC reserve funds in the Sunpoint
case.
Since 1970, SIPC has advanced $354 million in order to make possible
the recovery of $3.3 billion in assets for an estimated 440,000
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. In the Sunpoint case, only two individuals
out of the 9,738 affected accounts expressed any objections to the
manner in which their accounts were transferred.
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.
SIPC either acts as trustee or works with an independent court-appointed
trustee in a fraud 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.
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