http://www.medhealthinsurance.com/blog/aarp-health-insurance-controversy/
AARP’s Hundreds of Millions in Insurance Royalties
When you think of AARP (American Association of Retired Persons), what comes to mind? A sweet organization working hard to provide information, a good quality of life and insurance options for the elderly and retired population of the United States? A few older gentleman chatting over a game of chess older ladies laughing over a big jug of lemonade is what comes to my mind. However, a recent report released by the Kaiser Network may change how you think of this organization.
After reading about the scandal of how AARP has been capitalizing off of big insurance at the expense of its members, I now picture money-grubbing people in suits sitting around drinking scotch giggling at their diabolical plan with dollar signs flashing in their eyes. Read on to find out what happened.
According to the Kaiser article, in 2007, the royalties and fees totaled $497.6 million, or 43% of AARP’s $1.17 billion in revenue, compared with 11% in 1999. In addition, AARP generates income by holding members’ premium payments for up to one month and investing the money before it pays the insurers. AARP seems to be playing the innocent here, saying that the organization’s mission has been compromised by the reliance on these royalties and fees? Hm, you think? Perhaps if AARP hadn’t been so greedy and manipulative in the first place, they wouldn’t find themselves in a situation in which they had to depend on some very dirty sounding money. AARP has also said that they are trying to “do good” but that they have become “very dependent on sources of income.”
I have parents who are members of AARP, and although they have health insurance through other sources, I would be screaming livid if they had been affected by this. It is completely out of integrity, and makes me just as upset if another sensitive demographic (say, people with disabilities) had been taken advantage of. I don’t know what types of legal repercussions can and will happen against AARP, but I can say I’m deeply saddened by yet another example of big business’ corruption and people’s desire for the almighty dollar over the welfare of human beings.
After reading about the scandal of how AARP has been capitalizing off of big insurance at the expense of its members, I now picture money-grubbing people in suits sitting around drinking scotch giggling at their diabolical plan with dollar signs flashing in their eyes. Read on to find out what happened.
Royalties, Fees and a Scandal: Oh My!
Bear with me, because this all might sound a little confusing and convoluted to the untrained insurance eye. It took me a few times of reading it over to fully understand just what happened and how AARP’s insured were effected. In layman’s terms, AARP endorses insurance plans to its members. They claim that these plans will save people more money, when in fact they end up costing more than other plans. Why is this? The companies providing the insurance build hundreds of millions of dollars of royalties and fees into their plans, which get paid to the advocacy group for its endorsement. In other words, because AARP is running around tooting these insurance companies horns’, they get big bucks in fees and royalties for getting people to sign on for these expensive plans.According to the Kaiser article, in 2007, the royalties and fees totaled $497.6 million, or 43% of AARP’s $1.17 billion in revenue, compared with 11% in 1999. In addition, AARP generates income by holding members’ premium payments for up to one month and investing the money before it pays the insurers. AARP seems to be playing the innocent here, saying that the organization’s mission has been compromised by the reliance on these royalties and fees? Hm, you think? Perhaps if AARP hadn’t been so greedy and manipulative in the first place, they wouldn’t find themselves in a situation in which they had to depend on some very dirty sounding money. AARP has also said that they are trying to “do good” but that they have become “very dependent on sources of income.”
Changing their Insurance Tune
Now that AARP has been called into the spotlight about their actions, they announced that they were suspending sales of these insurance policies and would begin rethinking and reviewing their marketing strategies. Obviously, this is good news, but how can a scandal like this be prevented in the first place? This company has created, in my eyes, a serious violation. An organization that is supposed to serve an elderly and retired population should be highly conscious of their image and effort on behalf of their members.I have parents who are members of AARP, and although they have health insurance through other sources, I would be screaming livid if they had been affected by this. It is completely out of integrity, and makes me just as upset if another sensitive demographic (say, people with disabilities) had been taken advantage of. I don’t know what types of legal repercussions can and will happen against AARP, but I can say I’m deeply saddened by yet another example of big business’ corruption and people’s desire for the almighty dollar over the welfare of human beings.
http://www.sec.gov/news/press/2010/2010-88.htm
SEC Charges Pequot Capital Management and CEO Arthur Samberg With Insider Trading
FOR IMMEDIATE RELEASE
2010-88
Washington, D.C., May 27, 2010 — The Securities and Exchange Commission today charged Connecticut-based hedge fund manager Pequot Capital Management, Inc., and its Chairman and CEO Arthur Samberg with insider trading in Microsoft Corporation securities. The SEC separately brought an enforcement action against a former Microsoft employee who later worked at Pequot for allegedly tipping the firm and Samberg with nonpublic information about Microsoft's earnings.Pequot and Samberg agreed to pay nearly $28 million to settle the SEC's charges. The SEC Division of Enforcement's case against the tipper, David Zilkha, will continue in an administrative proceeding before the Commission.
"The cases have two particularly troubling aspects — a hedge fund manager trading on illegal insider information, and his tipper source who withheld crucial information about the scheme during an SEC investigation," said Robert Khuzami, Director of the SEC's Division of Enforcement. "Both are high-priority targets for SEC Enforcement."
The SEC's complaint against Pequot and Samberg, filed in U.S. District Court in Connecticut, alleges that amid rumors in April 2001 that Microsoft would miss its earnings estimates for the quarter that had just ended, Samberg sought information from Zilkha, a Microsoft employee who had just accepted an offer from Samberg to work at Pequot. Zilkha quickly reached out to a Microsoft colleague, who sent him an e-mail stating that the company would meet or beat its earnings estimates for the quarter.
According to the SEC's complaint, Zilkha then conveyed to Samberg his understanding that Microsoft would meet or beat its earnings estimates. Samberg thereafter traded in Microsoft on behalf of funds managed by Pequot. On April 19, after the market had closed, Microsoft announced that it beat its earnings estimates, driving up the price of Microsoft's stock. As a result of the illegal trading by Pequot and Samberg, the Pequot funds made more than $14 million.
Pequot and Samberg agreed to settle the SEC's charges without admitting or denying the SEC's allegations against them. Pequot and Samberg agreed to pay a total of nearly $18 million in disgorgement of trading profits and prejudgment interest as well as $10 million in penalties. With the exception of certain activities aimed solely at winding down Pequot, Samberg also has agreed to be barred from association with an investment adviser.
In the insider trading enforcement action against Zilkha, the SEC Division of Enforcement also alleges that during a prior investigation into his conduct, Zilkha concealed from the SEC staff that he had received inside information about Microsoft's earnings and then recommended that Samberg buy Microsoft securities on the basis of this information. The Enforcement Division alleges that in 2005 and 2006, Zilkha did not produce nor disclose the existence of the e-mail he had received from a Microsoft colleague concerning Microsoft's earnings, despite subpoenas and direct questions that required him to do so.
In January 2009, the SEC staff first received direct evidence that Zilkha had material, nonpublic information about Microsoft — when staff was provided copies of e-mails that had been located on a computer hard drive that was then in the possession of Zilkha's ex-wife.
# # #
For more information about this enforcement action, contact:David P. Bergers
Regional Director, SEC's Boston Regional Office
(617) 573-8927
http://www.observer.com/2010/wall-street/first-new-jersey-then-world-secs-2010-fine-highlights-so-far
First New Jersey, Then the World! The S.E.C.'s 2010 Fine Highlights, So Far
Getty
There have been some great hits for the S.E.C. this year, some misses, a record fine and, just this week, another proud moment for New Jersey. In other words, 2010 has been what the Nixon-era S.E.C. chairman William J. Casey would have called an interesting year for financial thumbscrews. "We're here today to talk about enforcement," he said at a conference in the old Biltmore Hotel in 1972. "But what is enforcement anyhow? I looked the word up in the dictionary before I came here and found it defined as 'compulsion or attempted compulsion, especially by physical violence.' Physical violence is remote from our concerns this afternoon. I see nothing on the program dealing with racks, thumbscrews, or the third degree."
Here are some of the commission's recent highlights, by order of appearance:
February - Bank of America's $150 million fine had been a long time coming. In August 2009, the S.E.C. announced a $33 million settlement for claims that the bank had misled its shareholders about $5 billion in Merrill Lynch bonuses. Within a few days, the settlement looked bad. Then it looked awful. Then Judge Jed S. Rakoff officially rejected it, publicly scolding the S.E.C. for going easy. In February, Judge Rakoff accepted a revised $150 million fine, but wasn't thrilled: "This," he grumbled, "is half-baked justice at best."
April - Private equity god Steven Rattner didn't get to settle with the S.E.C. over the hilariously lurid pay-to-play New York pension fund scandal, but his old firm, Quadrangle, did. The firm not only agreed to pay $5 million, but it publicly disavowed its old boss, volunteering that his "conduct was inappropriate, wrong, and unethical."
May - When Pequot Capital and former hedge fund giant Arthur Samburg were fined $28 million, the real lesson, besides not trading on illegal insider information, was to be kind to ex-spouses.
July - After all the fuss and noise, not to mention the rumors that Goldman Sachs would be paying up to $5 billion, Goldman Sachs suddenly settled accusations that it had misled its investors, paying $550 million and admitting no wrongdoing. On the one hand, as the S.E.C. enforcement director Robert Khuzami pointed out a lot, it was the most a financial services firm had ever been fined by the S.E.C. On the other hand, Goldman was giddy. "I'm jumping up and down and telling my dad to buy," said Brad Hintz, the former CFO of Lehman Brothers, who now analyzes Goldman for Sanford C. Bernstein.
July - This got overshadowed by Goldman, so you probably don't remember that Dell, its former executives, and its billionaire founder were fined more than $100 million for padding earnings with sly payments from Intel. They're probably happy it didn't stand out: "We are pleased," mogul Michael Dell said, "to have resolved this matter."
July - To make up for billions of dollars of underreported subprime holdings during the months leading up to the climax of the financial crisis, Citigroup was fined $75 million this summer, and ex-CFO Gary Crittenden had to pay $100,000, slightly edging out former investor relations chief Arthur Tildesley Jr.'s $80,000. "This was not what we call in the law malum per se, bad people trying to do bad things, evil doings," Citi chairman Richard Parsons said afterwards, speaking about executives during the financial crisis. "These are people who got caught up." But Judge Ellen S. Huvelle was not amused. She rejected the deal, asking, among other things, "why the agency charged only two executives with wrongdoing when more senior executives were involved."
August - On Wednesday, the S.E.C. declared that the State of New Jersey had committed securities fraud by misleading investors about the condition of its two biggest pension funds (citing bonds in 79 offerings that added up to $26 billion). On the one hand, it was the S.E.C.'s first-ever fraud case against a state; on the other, New Jersey settled without paying a fine, or admitting or denying the accusations. So life goes on.
http://www.fbi.gov/news/stories/2010/december/fraud_120610/fraud_120610Here are some of the commission's recent highlights, by order of appearance:
February - Bank of America's $150 million fine had been a long time coming. In August 2009, the S.E.C. announced a $33 million settlement for claims that the bank had misled its shareholders about $5 billion in Merrill Lynch bonuses. Within a few days, the settlement looked bad. Then it looked awful. Then Judge Jed S. Rakoff officially rejected it, publicly scolding the S.E.C. for going easy. In February, Judge Rakoff accepted a revised $150 million fine, but wasn't thrilled: "This," he grumbled, "is half-baked justice at best."
April - Private equity god Steven Rattner didn't get to settle with the S.E.C. over the hilariously lurid pay-to-play New York pension fund scandal, but his old firm, Quadrangle, did. The firm not only agreed to pay $5 million, but it publicly disavowed its old boss, volunteering that his "conduct was inappropriate, wrong, and unethical."
May - When Pequot Capital and former hedge fund giant Arthur Samburg were fined $28 million, the real lesson, besides not trading on illegal insider information, was to be kind to ex-spouses.
July - After all the fuss and noise, not to mention the rumors that Goldman Sachs would be paying up to $5 billion, Goldman Sachs suddenly settled accusations that it had misled its investors, paying $550 million and admitting no wrongdoing. On the one hand, as the S.E.C. enforcement director Robert Khuzami pointed out a lot, it was the most a financial services firm had ever been fined by the S.E.C. On the other hand, Goldman was giddy. "I'm jumping up and down and telling my dad to buy," said Brad Hintz, the former CFO of Lehman Brothers, who now analyzes Goldman for Sanford C. Bernstein.
July - This got overshadowed by Goldman, so you probably don't remember that Dell, its former executives, and its billionaire founder were fined more than $100 million for padding earnings with sly payments from Intel. They're probably happy it didn't stand out: "We are pleased," mogul Michael Dell said, "to have resolved this matter."
July - To make up for billions of dollars of underreported subprime holdings during the months leading up to the climax of the financial crisis, Citigroup was fined $75 million this summer, and ex-CFO Gary Crittenden had to pay $100,000, slightly edging out former investor relations chief Arthur Tildesley Jr.'s $80,000. "This was not what we call in the law malum per se, bad people trying to do bad things, evil doings," Citi chairman Richard Parsons said afterwards, speaking about executives during the financial crisis. "These are people who got caught up." But Judge Ellen S. Huvelle was not amused. She rejected the deal, asking, among other things, "why the agency charged only two executives with wrongdoing when more senior executives were involved."
August - On Wednesday, the S.E.C. declared that the State of New Jersey had committed securities fraud by misleading investors about the condition of its two biggest pension funds (citing bonds in 79 offerings that added up to $26 billion). On the one hand, it was the S.E.C.'s first-ever fraud case against a state; on the other, New Jersey settled without paying a fine, or admitting or denying the accusations. So life goes on.
Operation Broken TrustTask force announces conclusion of largest-ever investment fraud sweep in U.S. Operation Broken Trust Historic Investment Fraud Sweep 12/06/10
|
Operation Broken Trust Missed “The Big One”
Posted by Larry Doyle on December 8, 2010 7:55 AM | ShareThis$8 billion is a lot of money, right? Right.
But when is $8 billion NOT a lot of money?
$8 billion is NOT a lot of money when it is compared to $35 billion, $135 billion, or $335 billion. Agreed?
Agreed. Thank you. Let’s continue.
Sense on Cents is a huge proponent of exposing and prosecuting financial fraud wherever it occurs. To this end, I was happy to see that the Feds have had their ‘street cleaners’ operating overtime the last few months. The results of the Fed’s ‘street cleaning’, also known as Operation Broken Trust, is a not insignificant collection of 231 cases totaling $8 billion in losses. Well done. In all sincerity, I commend each and every individual involved in this effort. While those arrested deserve due process, they also deserve to be prosecuted to the fullest extent of the law. If guilty, I hope they receive maximum sentences.
Regrettably, though, the street cleaners missed “The Big One.” Which scam is that? A scam which by any measure could reasonably be described by any of those much larger figures referenced above.
The greatest scam ever perpetrated on Wall Street encompasses the world of auction-rate securities.
Were they dissuaded from even investigating “The Big One”. Really? How so? Let’s navigate the FBI’s release and see how “The Big One” compares to the frauds exposed via this operation.
Today, the Financial Fraud Enforcement Task Force announced the conclusion of Operation Broken Trust, the largest investment fraud sweep ever conducted in the U.S.All good points for any investor assessing any financial product. In regard to ‘The Big One’, the ARS scam touches most if not all these bases. Let’s continue.
The 231 cases in the operation involved more than 120,000 victims who lost more than $8 billion.
Operation Broken Trust—which included both criminal and civil enforcement actions that occurred from August 16 through December 1, 2010—was unveiled during a Washington, D.C. press conference attended by representatives of the agencies that make up the task force, including U.S. Attorney General Eric Holder and FBI Executive Assistant Director Shawn Henry.
The goal of the operation was two-fold:
1. To root out and expose massive investment fraud scams across the nation;
2. To alert the public about many phony investment scams.
Avoiding Investment Fraud
- Be careful of any investment opportunity that makes exaggerated earnings claims, especially during a short period of time.
- Ask for written information about the investment, such as a prospectus, recent quarterly or annual reports, or an offering memorandum.
- Consult an unbiased third party, like an unconnected broker or licensed financial advisor, before investing.
- Don’t be fooled into believing an investment is safe just because someone you know is recommending it. So-called “affinity scams” are one of the favorite methods used to lure people in.
- If you feel you are being pressured into investing, don’t do it.
- Be wary of people you meet on social networking sites and in chat rooms, where investment fraud criminals have been known to troll for victims.
Operation Broken Trust focused on scams directly targeting individual investors, rather than long-term complex corporate fraud matters. In many instances, these criminals were trusted people within their communities—sometimes neighbors, co-workers, fellow church-goers—who betrayed that trust in order to line their own pockets. And the results were often devastating, with some victims losing their life savings, their homes, their livelihoods.Oh yeah!! Most definitely, the ARS victims–often senior citizens living on fixed incomes– have suffered these same consequences.
Each of the cases included in the sweep involved individual investors being deceived by individuals presenting “investment opportunities” that were either completely fictitious or not structured as advertised.BINGO!! ARS could not be more aptly described. Assorted securities regulators and attorneys general have stated as much.
An overwhelming number of the cases were high-yield investment frauds and Ponzi schemes. Others involved commodities fraud, foreign exchange fraud, market manipulation (i.e., “pump-and-dump” schemes”), real estate investment fraud, business opportunity fraud, affinity fraud, and the like.Yes. ARS were very much akin to a glorified Wall Street engineered Ponzi scheme. Market manipulation? Oh yes, that too. Rampant evidence has shown that the auctions were very much manipulated by the Wall Street dealers.
The FBI has observed a steady increase in investment frauds, in particular Ponzi and market manipulation schemes. Since January 2009, we’ve opened more than 200 Ponzi cases, many with $20 million-plus losses. Based on our current caseload, the top five Ponzi scheme hot spots in the country are Los Angeles, New York, Dallas, Salt Lake City, and San Francisco, but keep in mind that these scams can and do happen anywhere.Congratulations!! If the Feds would like to learn more about this ARS scam, and in the spirit of partnership, perhaps they may care to review Sense on Cents/Auction-Rate Securities. Additionally, the Feds may care to call on SEC chair Mary Schapiro.
We’ve had success in shutting down many and arresting those responsible, due in large part to our focus on partnerships—like our involvement in the Financial Fraud Enforcement Task Force—as well as intelligence-gathering and information-sharing efforts. And we continue to use sophisticated investigative techniques—like undercover operations to court-authorized electronic surveillance—to collect evidence in ongoing cases and to identify and stop criminals before they prey on others.
The Feds may like to know that during Mary’s watch at the Financial Industry Regulatory Authority, the internal FINRA investment portfolio actually liquidated $647 million ARS mere months before the ARS market totally froze. Those details–and many more–are included in the above referenced link or also right here, Sense on Cents/FINRA Sold ARS.
“What’s that you say, Mr. Fed? That’s a little too close for comfort?” “But what about the ARS victims?”
What about the victims? The FBI generally offers assistance to victims in fraud cases that fall under our jurisdiction (our partner agencies offer similar services). Our field office victim specialists can provide case status information, direct victims to organizations that can help with protecting or rebuilding credit, assist in documenting victims’ losses, help cope with stress, and even find government or community-based services for victims—especially the elderly and disabled—if their financial losses are severe.Who is doing the same for the ARS victims who continue to hold out hope that their remaining ~$135 Billion (that’s BILLION with a B) will be recovered and repaid?
In cases with hundreds or even thousands of victims, we can provide information using websites and toll-free phone lines.ARS victims remain in the tens of thousands. Who do they call?
Reflecting on the importance of collaboration with our law enforcement and private sector partners in combating investment fraud, Executive Assistant Director Henry said, “Together, we are smarter. Together, we are stronger. Together, we will continue to seek out those who look to profit at the expense of the hard-working men and women of the United States of America.”Great. Clean up all the garbage. Just don’t forget “The Big One.”
Larry Doyle
Please subscribe to all my work via e-mail, an RSS feed, on Twitter or Facebook.
I have no affiliation or business interest with any entity referenced in this commentary. As President of Greenwich Investment Management, an SEC regulated privately held registered investment adviser, I am merely a proponent of real transparency within our markets so that investor confidence and investor protection can be achieved.
6 Responses to “Operation Broken Trust Missed “The Big One””
http://www.senseoncents.com/tag/arps-scandal/Posts Tagged ‘ARPS scandal’
Calling All Auction-Rate Securities Holders
Posted by Larry Doyle on November 15th, 2010 7:15 AM | ShareThisInformation is everything!!
A nation of laws will prosper if and only if the adjudication of disputes is handled in a truly robust fashion. This adjudication process should theoretically lead to the drafting and implementation of new legislation if and when necessary. While industry insiders will often lobby to influence this process both in the courts and in our legislative bodies, America needs real statesmen and true heroes who will champion worthy causes and pursue total truth, real transparency, and unbridled integrity.
The media can play a large role in highlighting and exposing injustices if it cares to perform its duties. Regrettably during our economic crisis of the last few years, the media has often largely shown itself to be as much part of the problem as part of the solution. Why do I write on this topic today? For the very simple reason that tens of thousands of our fellow Americans have largely been disowned and disenfranchised by our nation. Really? Unaccustomed hyperbole, LD? I think not. Let’s navigate further.
I have been an ardent supporter of all those in our nation today who continue to be stuck holding auction-rate securities. These people number in the many tens of thousands and their holdings run upwards of $140 BILLION. Ponder that for a second. How is it that with numbers of this magnitude, the hue and cry of the accompanying injustice is not ringing loudly across our nation. It should. (more…)
A nation of laws will prosper if and only if the adjudication of disputes is handled in a truly robust fashion. This adjudication process should theoretically lead to the drafting and implementation of new legislation if and when necessary. While industry insiders will often lobby to influence this process both in the courts and in our legislative bodies, America needs real statesmen and true heroes who will champion worthy causes and pursue total truth, real transparency, and unbridled integrity.
The media can play a large role in highlighting and exposing injustices if it cares to perform its duties. Regrettably during our economic crisis of the last few years, the media has often largely shown itself to be as much part of the problem as part of the solution. Why do I write on this topic today? For the very simple reason that tens of thousands of our fellow Americans have largely been disowned and disenfranchised by our nation. Really? Unaccustomed hyperbole, LD? I think not. Let’s navigate further.
I have been an ardent supporter of all those in our nation today who continue to be stuck holding auction-rate securities. These people number in the many tens of thousands and their holdings run upwards of $140 BILLION. Ponder that for a second. How is it that with numbers of this magnitude, the hue and cry of the accompanying injustice is not ringing loudly across our nation. It should. (more…)
No comments:
Post a Comment