Andrew Cuomo: The Eliot Ness Of Auction-Rates (C)(MER)(MS)

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By Douglas A. McIntyre Published
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New York State Attorney General Andrew Cuomo wants the job his father used to have. He wants to be governor of the Empire State. He wants to fight evil. He want to bring the unrepentant to justice.

Cuomo has launch a big probe of the auction-rate mess. He plans to probe to know how a market which operated seamlessly since 1985 suddenly shut down. He wants to know why major banks and brokerage houses walked out on making this market. And, most of all, he want to know why investors and corporations were told that auction-rate securities were virtually the same as cash. The paper had a little bit better interest rate than a savings account, but people could take their money out at any time. That is until they couldn’t.

According to The Wall Street Journal "Mr. Cuomo’s office sent subpoenas to 18 institutions on Monday and Tuesday seeking information on their auction-rate-securities." That would include operations like Citigroup (NYSE:C), Merrill Lynch (NYSE:MER), and Morgan Stanley (NYSE:MS). As if they did not already have enough problems on their plates.

There are a growing number of private lawsuits against brokers which claim, among other things, fraud. When the securities were sold, many people were not told that the auction-rate market might lose its liquidity.

To a large extent, this is a case about reading the fine print. Most, if not all, of the literature given to brokers and their clients made its clear that this paper was not truly cash. That may have been buried deep in the documents, but it was there.

Fool me once and you lose all of you money, But, did the firms really "fool" anyone at all?

Douglas A. McIntyre

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About the Author Douglas A. McIntyre →

Douglas A. McIntyre is the co-founder, chief executive officer and editor in chief of 24/7 Wall St. and 24/7 Tempo. He has held these jobs since 2006.

McIntyre has written thousands of articles for 24/7 Wall St. He is an expert on corporate finance, the automotive industry, media companies and international finance. He has edited articles on national demographics, sports, personal income and travel.

His work has been quoted or mentioned in The New York Times, The Wall Street Journal, Los Angeles Times, The Washington Post, NBC News, Time, The New Yorker, HuffPost USA Today, Business Insider, Yahoo, AOL, MarketWatch, The Atlantic, Bloomberg, New York Post, Chicago Tribune, Forbes, The Guardian and many other major publications. McIntyre has been a guest on CNBC, the BBC and television and radio stations across the country.

A magna cum laude graduate of Harvard College, McIntyre also was president of The Harvard Advocate. Founded in 1866, the Advocate is the oldest college publication in the United States.

TheStreet.com, Comps.com and Edgar Online are some of the public companies for which McIntyre served on the board of directors. He was a Vicinity Corporation board member when the company was sold to Microsoft in 2002. He served on the audit committees of some of these companies.

McIntyre has been the CEO of FutureSource, a provider of trading terminals and news to commodities and futures traders. He was president of Switchboard, the online phone directory company. He served as chairman and CEO of On2 Technologies, the video compression company that provided video compression software for Adobe’s Flash. Google bought On2 in 2009.

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