Dick,
I like your view on the boundaries for the losses for the APS holders.
Below I've dug into the online WSJ article on the APS.
"Auction-Rates a Legal Tangle
By AMIR EFRATI and LIZ RAPPAPORT
May 13, 2008; Page C2
The implosion of the auction-rate-securities market is
shaping up to be a nettlesome legal problem for Wall Street, which is
already contending with lawsuits and government probes stemming from
the mortgage-securities crisis. One reason: Victims are easy to
identify.
Many individual and corporate investors purchased the
securities thinking they could sell them at will. Municipalities and
others issued them at Wall Street's prodding. Then, after the
once-liquid $330 billion market froze up in February, investors were
unable to sell the notes and many issuers were stuck paying exorbitant
interest rates.
• The Issue: Wall Street firms face a legal storm in the wake of the "auction-rate securities" market freeze.
• What's Next: Regulators and plaintiffs lawyers are looking for wrongdoing in how the firms marketed and sold the securities.
• Wall Street's Defense: The firms' core legal defense: It's the economy, stupid.
Last week, UBS
said it would return $35 million to cities and other government
entities in Massachusetts that had bought the securities, citing a
state law that said auction-rates weren't permissible for them.
More cases may come.
Some lawyers say Wall Street banks may have a tougher
time defending auction-rate suits than claims in the mortgage-backed
area in part because the banks played such an extensive role in
facilitating the market. Moreover, legal claims by individuals have a
more-public and sympathetic face than some of the litigation arising
out of the woes in the mortgage-backed market, which come largely from
institutional players.
"It's going to be a headache for Wall Street," says
Thomas Sjoblom, a former Securities and Exchange Commission lawyer now
representing financial institutions on the issue.
Auction-rate securities were issued by municipalities,
charitable organizations, student-loan companies and closed-end mutual
funds as a way to raise money for long periods at short-term interest
rates. The interest rates reset weekly or monthly in a Dutch-auction
process conducted by Wall Street broker-dealers, who collected fees
with each auction.
In better times, if there was insufficient interest in
an auction, Wall Street firms stepped in with their own bids to "make a
market" for the securities. The firms stopped playing that role in
February.
Some investors have filed arbitration complaints, some
lawyers have brought potential class-action suits, and the SEC, New
York Attorney General Andrew Cuomo and other state regulators have
pursued probes.
A UBS spokeswoman said the reasons behind the
Massachusetts agreement applied only to the circumstances specific to
the Massachusetts law. "The terms of this agreement do not apply to
other UBS clients who purchased [auction rate securities] for their
individual investment accounts," a UBS spokesman said.
Mr. Cuomo's probe is focused on what investors were
told by Wall Street; whether some investors were put into those
securities without their approval; where Wall Street banks made money;
and whether brokers were paid more to sell auction rate securities than
comparable securities."
David