(The news
featured below is a selection from the news covered in the Federal Securities
Report Letter, which is distributed to subscribers of the Federal
Securities Law Reports.)
Investor Education Plan in
Global Settlement Approved
A federal district judge has
approved the investor education plan proposed by the SEC in connection with the
$1.4 billion global settlement with 10 major investment firms. According to the
Commission, "the plan is an unprecedented initiative to fund investor
education programs nationwide." U.S. District Judge William H. Pauley III
(SD NY) approved the plan, which calls for the creation and funding of a
non-profit organization with $52.5 million over five years from funds
contributed by seven of the firms that participated in the global settlement.
The firms settled complaints with the SEC, the NASD and the New York Stock
Exchange alleging undue influence of investment banking interests on securities
research.
"The organization is designed
to equip Americans with the knowledge and skills necessary to make informed
investment decisions," stated the SEC. Judge Pauley's order noted
"that the entity will benefit the entire nation at a time when increasing
numbers of American households are investing in the equity markets." SEC
Chairman William H. Donaldson added that "this new effort will greatly help
American families achieve financial security and protect them from financial
abuse."
In separate orders, the court
appointed Charles D. Ellis as the chairman and George G. Daly as the executive
director of the new organization. Mr. Ellis is a senior advisor and a director
of Greenwich Associates, an international business strategy firm he founded in
1972. Mr. Daly is a professor of business administration and former dean of the
Stern School of Business of New York University.
Chairman Ellis will oversee a
board of directors, composed of five to seven members, which will make all
decisions as to the recipients of the investor education money. The board
members will initially be selected by the chairman, in consultation with the
executive director, and will be subject to SEC approval. The board will seek and
consider grant proposals for projects such as community-based education,
workplace investor education initiatives, academic research into techniques or
programs most likely to be successful and programs to educate investors about
fraudulent investments.
In a prior ruling in October 2003,
the court had ordered that $52.5 million of the settlement funds would be paid
over a period of five years into a new investor education entity. The entity was
to be organized as a tax-exempt organization and structured so that it can
receive additional funds in the future from sources other than the investor
education funds paid by the investment bank defendants.
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The court order will be published in a forthcoming REPORT
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