SIPC: INDIANA BANKRUPTCY JUDGE CLEARS WAY FOR SIPC
TO HELP 30 INVESTORS RECOVER UP TO $2 MILLION
SOUTH BEND, IN. - December 19, 2001 - Thirty victims of the Spectrum
investment fraud scheme will be removed from legal limbo and recover a
total of $1.6 million-$2 million as a result of the decision today by
U.S. Bankruptcy Judge Harry C. Dees, Jr. to approve a motion by the
Securities Investor Protection Corporation (SIPC) to consolidate the
proceedings against Spectrum Investment Services, Inc., and three
related entities.
In the absence of today's action, Spectrum's investment advisor service
customers might not have been eligible for the protections of SIPC, which
maintains a special reserve fund authorized by Congress to help investors
at bankrupt brokerage firms. In January 2001, SIPC stepped in to take over
Spectrum Investment Services, Inc., after the U.S. Securities and Exchange
Commission found irregular activities. That same month, Spectrum President
Mary Lou Sanders was charged in federal court by the United States with
criminal activities related to Spectrum Investment Services, Inc. Ms.
Sanders, who fled the U.S., is being sought by the FBI as an international
fugitive.
Sanders is believed to have misappropriated as much as $3.5 million under the
auspices of four interlocked entities. As of November 30, 2001, SIPC had
processed a total of 167 claims from investors. Almost all of the claims
were resolved swiftly. However, a total of 30 Spectrum investors who had
dealt with Sanders through Spectrum's unlicensed investment advisory
affiliate were in a "gray area" that could have been construed as falling
outside of the scope of SIPC's protections designed specifically for
brokerage firm customers. The SIPC-requested consolidation of the four
Spectrum entities will free up between $1.6 million and $2 million for
the Spectrum investment advisory clients.
The Spectrum case follows closely on the heels of a record-setting case
handled by SIPC. On October 2, 2001, SIPC announced a record payment
of $177 million to restore stocks and cash to 175,000 investors due
to a default by MJK Clearing, Inc. MJK Clearing, Inc., is the parent
company of Miller Johnson Steichen Kinnard, Inc., a full-service brokerage
firm headquartered in Minneapolis, Minnesota with 400 investment executives
in eight states.
ABOUT SIPC
From its creation by Congress in 1970 through December 2000, SIPC
advanced $391 million in order to make possible the recovery of $3.8
billion in assets for an estimated 443,000 investors. SIPC estimates
that more than 99 percent of eligible investors have been made whole in
the failed brokerage firm cases that it has handled to date.
SIPC is an important part of the overall system of investor protection
in the United States. While a number of federal, self-regulatory and
state securities agencies deal with cases of investment fraud, SIPC’s
focus is both different and narrow: Restoring funds to investors with
assets in the hands of bankrupt and otherwise financially troubled
brokerage firms. The Securities Investor Protection Corporation was not
chartered by Congress to combat fraud.
SIPC either acts as trustee or works with an independent court-appointed
trustee in a fraud case to recover funds. The statute that created SIPC
rules provides that customers of a failed brokerage firm receive all
non-negotiable securities that are already registered in their names or
in the process of being registered. At the same time, funds from the
SIPC reserve are available to satisfy the remaining claims of each
customer up to a maximum of $500,000. This figure includes a maximum of
$100,000 on claims for cash.
Recovered funds are used to pay investors whose claims exceed SIPC’s
protection limit of $500,000. SIPC often draws down its reserve to aid
investors. Recovered funds also are used to replenish SIPC’s reserve in
the event that the reserve is tapped in the early stages of a
liquidation proceeding.
FOR MORE INFORMATION, CONTACT:
Ailis Aaron, The Hastings Group,
(703) 276-1116 or aaaron@hastingsgroup.com