Lehman Notes - Structured Products, Lehman Brothers Principal Protected Notes, Lehman Backed Bonds, Lehman Brothers Bankruptcy

Vernon Healy files $800,000 investor claim against UBS alleging deceptive sales of Lehman notes

The Vernon Healy investor advocacy law firm filed an $800,000 claim today against UBS and accused the brokerage of committing gross misconduct when it marketed and sold $800,000 worth of Lehman principal protected notes to a Houston businessman as a safe and conservative “principal protected” investment in November 2007.

UBS (NYSE: UBS) designed the Lehman structured product and marketed it to its customers as safe and 100 percent “principal protected” even though in reality, the principal protected notes were essentially an unsecured loan to now-bankrupt Lehman Brothers, according to the Vernon Healy claim filed today. 

The claim, filed before FINRA, the Financial Industry Regulatory Authority, seeks compensatory and punitive damages against UBS on behalf of the investor. The Vernon Healy law firm has filed almost $2 million in claims against UBS on behalf of Lehman note investors in the past month alone.

These UBS-designed investment products supplied Lehman Brothers (LEHMQ.PK) with an infusion of unsecured loans from main street investors as Lehman Brothers’ solvency became a concern, according to the claim. The Lehman Brothers bankruptcy in September 2008 left Lehman note holders standing essentially at the back of the line as unsecured creditors.

After Lehman declared bankruptcy, the Texas investor received his October 2008 monthly statement, which dropped the value of the investment from $818,000 to zero, the claim states. This complete loss of valuation was contrary to the representation by UBS that the structured product was “principal protected,” according to the claim.

As the architect of these particular Lehman structured products, UBS knew or should have known of Lehman’s precarious financial position, but UBS urged its financial advisors to sell Lehman principal protected notes as safe to their clients, according to the claim.

Written material obtained by Vernon Healy as part of its pre-filing investigation shows that UBS disseminated misleading product descriptions to its financial advisors that portrayed the Lehman notes as investments that put none of the investor’s principal at risk, today’s claim states.

State securities regulators in New Hampshire have taken action against UBS for deceptive practices involving Lehman Brothers Asian Currency Basket Principal Protected Notes, the same product sold to the Texas investor filing today’s claim. 

International investors, particularly from the UK, were pitched Lehman structured notes by affiliates of Credit Suisse, Citi Bank and UBS.

Vernon Healy is a Naples, Florida law firm that represents investors who are victims of stock fraud and stock losses due to broker fraud and brokerage firm fraud and misconduct. Vernon Healy securities attorneys are experienced in securities arbitration and business litigation and assist clients in recovering losses caused by all manner of financial fraud and negligence.

Contact

Christopher T. Vernon, attorney at law

Susan R. Healy, attorney at law

(239) 649-5390
Toll Free: (877) 649-5394
email: info@vernonhealy.com


   

Lehman notes and bonds hurting local governments

The Lehman Brothers bankruptcy more than a year ago is old news to most Americans, but aftershocks from the largest bankruptcy in history continue to affect local governments across the country. Municipalities that tried to avoid risk by buying highly rated Lehman products now find themselves holding products that are now nearly worthless, according to the Wall Street Journal.

The casualties – dozens of school districts, cities and counties – lost more than $1.7 billion in the Lehman collapse. And for them, the pain from those losses continues.

Nowhere is that more true than in San Mateo, Calif., a municipality of 735,000 residents near San Francisco that saw the largest loss from the bankruptcy. Following the September 2008 collapse of Lehman Brothers, San Mateo saw $155 million vanish, the Wall Street Journal reported.

According to the Journal:

The county’s investment pool had purchased highly rated Lehman bonds and Lehman notes, but these are now trading at roughly 20 cents on the dollar. Making matters worse, the loss caused by Lehman Brothers’ collapse came on the heels of deep budget cuts at the state level that had been brought by California’s financial woes.

The one two punch meant plans for capital investments for San Mateo’s schools, community colleges and the county were scrapped. Teachers have been laid off and the county has scaled back its commuter rail service. For the first time in its history, San Mateo will have mass layoffs this spring, cutting hundreds of jobs.

The sad thing about San Mateo is that it is not an isolated case. Municipalities across the country have suffered similar fates but have seen no sign of relief from the government.

Local government leaders who sought a share of TARP funds were granted concessions in the writing of the bill but so far have seen no money. President Obama’s Treasury Secretary Timothy Geithner has refused to release TARP funds to make municipalities whole. Treasury officials say the request, while well intentioned, would lead to a flood of such requests from other investors.

Vernon Healy is representing investors with large Lehman losses on structured products and Lehman principal protected notes in FINRA arbitration. As the Wall Street Journal article shows, it’s not only individual investors who’ve been hurt by Lehman products but also local government taxpayers.

For more information, contact
Vernon Healy
Christopher T. Vernon, attorney at law
Susan R. Healy, attorney at law
http://www.vernonhealy.com
http://www.lehmannotes.com
(239) 649-5390
Toll Free: (877) 649-5394

email: info@vernonhealy.com

Vernon Healy files $1 million Lehman Principal Protected Notes claim against UBS on behalf of Texas investor

Naples, Florida – UBS committed gross malfeasance when it marketed and sold $1 million in Lehman principal protected notes to a retired executive that may now be virtually worthless, according to a claim filed today by the Vernon Healy investor advocacy law firm that seeks compensatory and punitive damages against UBS.

Written material obtained by Vernon Healy as part of its pre-filing investigation shows that UBS (UBS) disseminated misleading product descriptions to its financial advisors that portrayed the Lehman notes as safe investments with 100 percent of the investor’s principal protected and none at risk, according to the claim filed today on behalf of a Texas investor.

Actually, the notes were a highly complex product designed by UBS that carried significant credit risk, the claim states.

These UBS-designed investment products supplied Lehman Brothers with an infusion of unsecured loans from main street investors as the housing market decline and credit crisis threatened Lehman Brothers’ solvency, according to the claim. The Lehman Brothers bankruptcy in September 2008 left Lehman note holders standing in line as unsecured creditors.

As the architect of these Lehman structured products, UBS knew or should have known of Lehman’s precarious financial position, but UBS urged its financial advisors through internal “road shows” to pitch Lehman principal protected notes as safe and principal protected to their clients, according to the claim.  

State securities regulators in New Hampshire have taken action against UBS for deceptive practices involving the notes, so-called Lehman Brothers Asian Currency Basket Principal Protected Notes, that were the very same product sold to Vernon Healy’s Texas client filing today’s claim.  

The Vernon Healy law firm is representing multiple Lehman Brothers principal protected notes investors in multiple states — most of whom have losses well in excess of $500,000 — in cases against UBS.  Vernon Healy is also investigating the sale of these Lehman structured products by the Florida-based brokerage firm Raymond James.

Since launching its investigation more than a year ago, investors from all over the world — particularly from Europe  — have sought information about Lehman notes through Vernon Healy. Many of these international investors were pitched these Lehman structured notes by affiliates of Credit Suisse or Citi Bank as well as UBS.

Vernon Healy is a Naples, Florida based law firm that is representing multiple Lehman structured product investors in FINRA arbitration. Vernon Healy represents investors who are victims of stock fraud and stock losses due to broker fraud and brokerage firm fraud and misconduct. Vernon Healy securities attorneys are experienced in arbitration and litigation. The firm assists clients in recovering losses caused by all manner of financial fraud and negligence. It focuses its practice on complex financial litigation and arbitration as well as business and commercial litigation.

For more information, contact
Vernon Healy
Christopher T. Vernon, attorney at law
Susan R. Healy, attorney at law
http://www.vernonhealy.com
http://www.lehmannotes.com
(239) 649-5390
Toll Free: (877) 649-5394

email: info@vernonhealy.com

Vernon Healy files Lehman Principal Protected Notes claim against UBS on behalf of Naples surgery assistant

Naples – UBS was negligent in its handling of a Naples surgery assistant’s retirement nest egg when brokers from the firm recommended risky investment products such as Lehman notes while failing to reveal the true level of credit risk, according to a claim filed today by the Vernon Healy Law Firm.

Despite being reassured by her broker at the UBS office in Bonita Springs that the principal of her investment was safe and, according to firm literature, the structured products were subject to “rigorous ongoing due diligence,” the 49-year-old hospital worker, lost almost $60,000 of her retirement savings.  She ended up with a retirement account that consisted entirely of auction rate securities and structured products, including now virtually worthless Lehman Brothers structured notes, according to the claim.

The Lehman structured notes, a complex investment product designed by UBS, are difficult to understand but nonetheless were pushed to the client even though she instructed her UBS financial advisors to set extremely conservative goals and target principal protected investments.

Vernon Healy’s client did her best to protect herself from investments that might threaten her retirement nest egg and balked at initial recommendations from her UBS brokers that seemed too risky, according to the claim. Instead, she instructed her UBS broker to “park” her money until she decided a direction. The broker then recommended and bought the risky auction rate securities and structured notes.

UBS paid more than $22 billion in a December 2008 settlement to repurchase the auction rate securities from investors such as Vernon Healy’s client. But the firm remains responsible for its reckless advice that landed her with nearly $200,000 in risky structured products.

UBS is complicit in this grossly negligent advice and marketing to Vernon Healy’s client because it failed to warn brokers about the growing risk of structured products, the claim states. UBS strayed from its mission to put the investor’s needs above its own by failing to point out the riskiness of these investments.

The firm went so far as to hold trainings during which it encouraged brokers to aggressively market the structured products despite numerous red flags related to the credit crisis and the housing market meltdown. Despite these warning signs, UBS continued to promote and sell Lehman structured products to its customers, including Vernon Healy’s client.

The terms “principal protected” and “guaranteed return of principal” were used in the marketing of structured products because, when combined with the excessive complexity of the coupon payment formulas, they were effective at obscuring the substantial credit risk in the products.  Because principal protected notes purported to guarantee principal, they were easy to market to investors seeking low risk investments, the claim states.

"Principal protection" means nothing if the note issuers are unable to meet their obligations.  Structured product investors essentially made unsecured loans to different issuing banks, including the now bankrupt Lehman Brothers.

By late February 2008, when UBS sold Lehman structured notes to Vernon Healy’s client, UBS was well aware of the effect of the credit crisis on the financial sector in general and Lehman in particular, according to the claim.

Lehman’s 2007 fourth quarter earnings were down; the credit market crisis caused staggering total write-downs of $3.5 billion during the quarter with more write-downs expected.  Faced with increasing borrowing costs in 2007, Lehman stepped up its issuance of structured products because it was in desperate need of raising funds in order to maintain liquidity. 

Securities attorneys Chris Vernon and Susan Healy represent numerous Lehman notes investors in multiple states and have received international media attention for the firm’s Lehman notes investigation. Today’s claim comes on the same day the firm filed a claim on behalf of a Texas executive who lost $1 million on Lehman principal protected notes that are now virtually worthless.

Vernon Healy is a Naples, Florida based law firm that represents investors who are victims of stock fraud and stock losses due to broker fraud and brokerage fraud. Vernon Healy attorneys are experienced in securities arbitration and litigation. The firm is currently representing multiple Lehman structured product investors in FINRA arbitration.

The firm assists clients in recovering losses caused by all manner of financial fraud and negligence. It focuses its practice on complex financial litigation and arbitration as well as business and commercial litigation.

For more information, contact:
Susan Healy, attorney at law
Christopher T. Vernon, attorney at law
http://www.vernonhealy.com
http://www.protectinginvestors.com
 
(239) 649-5390
Toll Free: (877) 649-5394
email:  info@vernonhealy.com

 

Investors’ with high-dollar Lehman principal protected notes losses applaud FINRA arbitration award

News that a FINRA arbitration panel has sided with an investor who lost more than $200,000 on Lehman Brothers principal protected notes came as a welcome signal to other investors with high-dollar losses who are pursuing claims against brokerage firm UBS.

The Vernon Healy law firm is representing multiple Lehman Brothers principal protected notes investors in multiple states — most of whom have losses well in excess of $500,000 — in cases against UBS.

UBS pitched Lehman notes as “safe” investments in which investors’ principal investment would be protected from losses, even after warning signs surrounding Lehman’s faltering financial outlook had already begun to surface within securities industry circles that included UBS, according to Vernon Healy’s investigation.

The so-called “principal protected” notes as well as other structured notes promoted by UBS, were in fact risky, unsecured loans to Lehman Brothers, according to multiple claims filed by Vernon Healy on behalf of investors.   These risks were realized when Lehman Brothers’ bankruptcy in September 2008 left holders of Lehman notes and other Lehman structured products standing at the back of the line with other unsecured creditors.

Although other firms such as Raymond James pitched some of these same products in the Southeast, UBS was the primary firm pushing Lehman principal protected notes (also called PPNs) to retail investor clients in the U.S., many of whom were baby boomers and retirees looking for safety. 

Since launching its investigation more than a year ago, investors from all over the world — particularly from Europe and Asia — have sought information about Lehman notes through Vernon Healy’s blog, lehmannotes.com.  Many of these international investors were pitched these Lehman structured notes by affiliates of Citi or Citi Bank as well as UBS.

Investor rights attorneys Chris Vernon and Susan Healy have received international media attention for the Naples, Florida based firm’s Lehman notes investigation.

The Wall Street Journal reported Friday that an arbitration panel of the Financial Industry Regulatory Authority ordered UBS to pay a Lehman notes investor two-thirds of the investor’s “principal” invested in a Lehman principal protected note, plus attorneys fees and interest. The total award was $200,000.

The panel held UBS accountable for misleading the investor.

In the past, complex and risky structured products were primarily sold to institutional investors. But more and more, brokerage firms began pushing these products on retail customers.

FINRA regulators warned brokerage firms to refrain from engaging in deceptive marketing of principal protected notes and other structured products in 2005. Wall Street firms like UBS were already on notice to refrain from engaging in fraud and deception regarding structured products.

For more information, contact
Chris Vernon at 239-649-5390 or contact Mr. Vernon’s assistant Andrea Costanzo at acostanzo@vernonhealy.com.

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Vernon Healy law firm: UBS concentrated risky Lehman structured products and stocks in baby boomer’s nest egg

Naples, Fla. — UBS engaged in gross misconduct when it marketed and sold more than $125,000 in Lehman structured products to a Florida baby boomer couple nearing retirement after public warning signs about Lehman Brothers’ financial solvency had surfaced, according to a $700,000 claim filed today by the Vernon Healy law firm. 

The couple, of Bonita Springs, Fla., has lost close to $700,000 out of their retirement accounts at UBS. Their UBS broker incompetently exposed the couple to unsuitable and preventable risks by, among other things, over concentrating two of their IRA accounts — constituting the bulk of their UBS retirement accounts — in stocks, the claim states.

In addition, a novice UBS broker urged the couple to purchase $125,000 in Lehman structured products called “return optimization notes” on March, 26, 2008 — after significant concerns about Lehman’s creditworthiness surfaced following the collapse of Bear Sterns that deepened Wall Street’s subprime credit crisis, according to the claim.

UBS sold the couple their Lehman structured products after Lehman’s first quarter 2008 earnings report raised concerns in the financial industry about its creditworthiness.  As investment professionals, UBS was well aware, or should have been well aware, that Lehman’s credit risk was a significant concern when it sold the Lehman structured products, the claim asserts.   

The UBS (UBS) sales pitch, emphasized the safety of Lehman Structured Products.    However, the notes sold to the investors in this case, like so-called “principal protected” notes, were in fact risky, unsecured loans to Lehman Brothers, according to the claim. 

Lehman Brothers’ bankruptcy in September 2008 left holders of structured notes standing at the back of the line with other unsecured creditors. They may recover little of their original investment.

Structured products, including principal protected notes and return optimization notes, were initially sold only to institutional investors. More recently, major brokerage firms, including UBS (UBS), Merrill Lynch (MER), Barclays (BCS) and Wachovia (WB), have pushed their sales forces to dump these products on their own retail customers, securities attorney Chris Vernon said.

“Essentially, UBS was selling Lehman structured notes so Lehman could obtain unsecured loans from the unwitting investing public — including UBS’ own retail clients — to support its faltering balance sheet and operations,” Vernon said. “While investors were told they were buying safe ‘notes,’ or ‘structured products,’ they were actually funding a failed Wall Street bailout attempt.”

As early as 2005, industry regulators from the Financial Industry Regulatory Authority (formerly known as the NASD) raised concerns about the way that Wall Street brokerage firms and banks were marketing complex structured products, including structured notes, to individual investors. 

Vernon Healy is a Naples, Florida based law firm that is representing multiple Lehman structured product investors in FINRA arbitration. 

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For more information, contact:
Christopher T. Vernon, attorney at law
Susan R. Healy, attorney at law
http://www.vernonhealy.com
http://www.protectinginvestors.com
(239) 649-5390
Toll Free: (877) 649-5394
email: acostanzo@vernonhealy.com

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Bankruptcy Information for Lehman Brothers Structured Products Investors

If you own Lehman Brothers structured products, the Bankruptcy Court makes it easy for you to file your claim in the Lehman bankruptcy proceedings.  You may file your own proof of claim, or have your attorney file a claim on your behalf, but you also have a convenient alternative.

Wilmington Trust Company will represent the interest of investors who own Lehman structured products — including Lehman Principal Protected Notes — by filing a global claim in the bankruptcy.  In order to participate, you just need to complete the one-page Trustee’s Mailing Matrix and send it to Wilmington Trust.  If you own Lehman structured products (sometimes referred to as Lehman notes), you should have already received your copy of the Trustee’s Mailing Matrix in the mail.  However, if you do not have your form, click on the link at the bottom of this article to download a copy. 

You will need the following information in order to complete the Matrix form: 

• The name of your broker or investment advisor

• A list of the products you own, including the amounts and the CUSIP numbers.  CUSIP (Committee on Uniform Securities Identification Procedures) numbers are unique identifying codes that are assigned to all securities.  CUSIP numbers for individual products can be found on trade confirmations, which are the notices you receive when you buy or sell a security. 

It is too early to know how much, if anything, Lehman notes and structured products investors will recover in the Lehman bankruptcy.  At this point, it is not even clear what priority structured notes and other structured products will be given.

Ordinarily, structured product holders should have the same priority as bond holders; however, the bankruptcy court could decide to treat structured product claims differently.  One reason for differentiating between bond holders and structured product holders is that while a value can be readily established for bonds, structured products had no established price prior to maturity.   

Vernon • Healy recommends that Lehman structured product holders pursue all their recovery options.  In addition to filing a bankruptcy claim, investors with small claims should consider participating in the class action (which means timely completing and returning the class action claim forms). 

Vernon • Healy represents investors with larger losses who will likely fare better by pursuing their claims on an individual basis, as opposed to participating in the class action.  Click here to read more about Vernon • Healy’s efforts on behalf of individual investors with larger claims and click here to read more about the firm.   

Click here to download the Trustee’s Mailing Matrix.Download Matrix

Brokerage Firms like UBS who sold clients Lehman Principal Protected Notes appear to have ignored Lehman Brothers warning signs

Warning signs that Lehman Brothers faced serious trouble became evident within the financial industry prior to the summer of 2007.

That assessment is based on the work of Jim Kaplan, of the company Audit Integrity, a firm that offers “forensic analysis” research.

An acceleration of receivables at Lehman beginning in summer 2006 marked the first warning sign, according to Kaplan.  In February 2007, Lehman announced a repurchase of approximately one fifth of its shares outstanding — or 100 million shares. By May 2007, key insiders had begun to dump 60 million shares, Kaplan reports.

With those warning signs evident in 2007, the $2.8 billion in Lehman “Principal Protected” Notes sold to investors in 2008 is nothing short of astounding.

To put this $2.8 billion of potentially lost principal into perspective, consider the purchasing power in the economy that it represents: $2.8 billion could pay for 14,000 homes that cost $200,000 each. It could pay for 140,000 Toyota Camrys. It could buy $100 worth of groceries for 28 million families. 

Principal Protected Notes are one type of so-called structured product that brokerage firms have hawked to investors in recent years. 

On its face, the name “Principal Protected Note” suggests that an investors’ principal is protected. There’s nothing vague about the name.

So it’s no wonder that investors now find themselves dumbfounded that they can’t get back the principal investment they thought was secure.

With Lehman insolvent, investors who want their principal back now find themselves at the back of the line in bankruptcy court as Lehman’s unsecured creditors.  

UBS and others misrepresented these and other complex products to investors even though industry regulators put brokers on notice as early as 2005 to make sure that they accurately described the complexities and associated risks of structured products.

At Vernon Healy, we’re investigating misconduct on the part of major brokerage firms including UBS (UBS), Merrill Lynch (MER), Barclays (BCS) and Wachovia (WB) —particularly their failed due diligence in vetting these products or ignoring or concealing the results of any due diligence they did. We’re examining misrepresentations and omissions made by these firms about the true state of affairs at Lehman and the safety and efficacy of these products and the conflicts of interests that drove brokerage firms to dump these products on their retail customers.

Our investigation has revealed that brokerage firms, particularly UBS, continued to hawk Lehman Principal Protected Notes even after the March 2008 collapse of Bear Sterns sent shock waves up and down Wall Street and raised questions about financial firms’ ability to repay their loans.

UBS, it appears, had a vested interest in propping Lehman up with Principal Protected Notes — or loans —from its retail clients: On the day that Lehman collapsed, UBS issued a statement saying it had “no more” than $300 million in Lehman holdings.

UBS retail customers who purchased Lehman Principal Protected Notes appear to be the ones paying for UBS’ conflict of interest.

Lehman Notes investigation: Vernon Healy law firm files first arbitration claim on behalf of investor who purchased Lehman notes sold by UBS, following investigation on behalf of multiple investors

Naples, Florida — UBS committed gross misconduct when it compared “principal protected” Lehman Brothers notes to ultra-safe certificates of deposit and assured a Naples investor that Lehman notes had a “guarantee” to repay all of her principal amount according to a claim filed today on behalf of a Naples woman.  It now appears that she will suffer a loss well in excess of $100,000 of her principal investment in these structured notes that UBS described as principal protected.  

“When an issuer goes bankrupt, as Lehman Brothers did, holders of structured notes are left standing at the back of the line with the other unsecured creditors and may recover little, if anything, of their original investment,” the claim filed today by the Vernon Healy law firm states.

The investor, a single parent and elementary school teacher, sought safety for the limited funds she had received as an inheritance. 

Her UBS broker concentrated almost all of her investments — 95 percent of her account — in complex structured products, with all of those from a single industry sector, the financial industry. The broker assured her that her portfolio was diversified because the structured products were tied to various indexes, including the S&P 500.

While the indexes to which the products were tied may have had some diversification, the risk of repayment of the notes was heavily concentrated in a single industry — the financial industry — and much of that concentration was in a single company — Lehman. 

“The extreme concentration of this investor’s account in unsuitable, complex loan option products, coupled with the failure to adequately explain the nature of the securities or to disclose their risks to her, was especially egregious,” securities attorney Susan Healy said.

Major brokerage firms, including UBS (UBS), Merrill Lynch (MER), Barclays (BCS) and Wachovia (WB) sold principal protected notes in recent years and pushed their sales forces to dump these products on their own retail customers as they came off the underwriting assembly line, said securities attorney Chris Vernon.

Through formal claims, the Vernon Healy law firm intends to show that conflicts of interest led UBS to misrepresent and inappropriately recommend Lehman notes and other structured notes to a wide variety of its trusting base of retail clients.  

According to Bloomberg, investors held more than $8 billion in Lehman structured notes as of September, with $2.8 billion of those sold in 2008.

As early as 2005, industry regulators from the Financial Industry Regulatory Authority (formerly known as the NASD) raised concerns about misrepresentations regarding the safety and complexity of principal protected notes and other “structured products.”

Unfortunately, these investments aren’t slated to benefit from government efforts to shore up the financial markets because these principal protected and structured notes were frequently tied to derivatives. The government announced in October that derivative products aren’t eligible for government backing.

The Vernon Healy law firm is helping multiple Lehman structured note investors weigh their legal options, which include filing individual or group arbitration claims with the Financial Industry Regulatory Authority (FINRA). 

Vernon Healy is a Naples, Florida based law firm that assists investors nationwide in recovering significant losses caused by all manner of financial fraud and negligence in both court and arbitration. The firm handles a wide variety of business and investment related matters, including disputes involving various types of securities and investments — e.g., hedge funds, TICs (tenancy in common) , bonds, variable pre-paid forward contracts,  mortgage and debt obligations, pension and retirement funds,  as well as disputes relating to business contracts, separation of business interests, real estate, banking, and insurance.

For more information, contact:
Christopher T. Vernon, attorney at law
Susan R. Healy, attorney at law
http://www.vernonhealy.com
http://www.protectinginvestors.com
(239) 649-5390
Toll Free: (877)649-5394
e-mail: acostanzo@vernonhealy.com