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Maryland to Receive Over $350,000 In Wachovia Settlement
BALTIMORE,
MD (July 12, 2007) - Maryland Attorney General Douglas F. Gansler
announced today that under the terms of a settlement
between the Securities Commissioner
and Wachovia Capital Markets, LLC of Charlotte, North Carolina, Wachovia will
pay Maryland $326,480 in civil monetary penalties for failing to supervise
its employees in connection with potential conflicts of interest,
and $26,934 in
penalties for failing to preserve books, records, and e-mail. An additional
$48,972 will be available for investor education projects designated
by the Maryland
Securities Commissioner.
The settlement results
from allegations of potential conflicts of interest between Wachovia
Capital Markets’ research analysts
and investment bankers. The settlement comes after a lengthy investigation
of the firm led by a multistate task force of state securities
regulators including Maryland. Wachovia Capital Markets operates
Wachovia Corporation’s institutional brokerage and capital
markets businesses. The investigation of Wachovia Capital Markets
was part of a comprehensive regulatory effort to reform the relationship
between investment banking and research and to manage appropriately
conflicts of interest.
“This agreement is a major step in our ongoing efforts
to ensure that investors are treated fairly in the securities marketplace,” said
Attorney General Gansler. “Wachovia’s reformed businesses
practices will provide stronger protections for investors and will
help prevent conflicts of interests that harm investors.”
The multistate settlement is the last in a series of settlements related to
the April 2003 global settlement that 12 other investment banks reached with
state, federal and industry regulators. In addition to the monetary penalties,
Wachovia has adopted policies and procedures designed to ensure compliance
with all legal and regulatory requirements regarding analyst independence,
and has upgraded its e-mail retention technology.
The settlement, the allegations of which were neither admitted
nor denied by Wachovia Capital Markets, includes the following
charges:
- State investigators
determined that Wachovia Capital Markets failed to supervise
its employees in connection with potential
conflicts of interest between equity research and investment
banking as evidenced by research analysts’ participation in certain
presentations with potential investment banking clients. In addition,
research analysts’ evaluations sought information regarding
their interaction with investment banking and regarding the investment
banking activity in their sector.
- Wachovia
did not keep certain electronic communications as required
by state
securities laws. Wachovia Capital Markets’ e-mail
system and procedures were inadequate to ensure all electronic
mail communications were retained and readily accessible. Wachovia
Capital Markets also failed to maintain a system that allowed it
to locate and retrieve back-up tapes for its e-mail system.
Attorney General Gansler reminded investors that they can contact
the Securities Division of his office at 410-576-6360 if they have
questions concerning the status of investment promoters or the
securities in which they plan to invest. Gansler cautions potential
investors to thoroughly check out any investment opportunity by
contacting the Securities Division regarding securities broker-dealers,
agents, investment advisors, investment advisor representatives,
financial planners, the registration status of securities, or to
report suspected fraud.
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