Securities Law Updates | New Releases/No Action Letters

January 5, 2012

Federal and State Regulators Appoint Administrator to Return $200 Million to Investors

In the Matter of Morgan Keegan & Company, Inc. and Morgan Asset Management, Inc.
File No. 3-13847, 11/15/2011

Federal and State Regulators Appoint Administrator to Return $200 Million to Investors

The U.S. Securities & Exchange Commission and regulators from South Carolina, Alabama, Kentucky, Mississippi, and Tennessee have released the appointment of A.B. Data, Ltd. of Milwaukee to distribute $200 million to investors from the regulators’ settlements with Morgan Keegan & Company and Morgan Asset Management.

The settlements resulted from an investigation of seven proprietary bond funds sold by Morgan Keegan to more than 30,000 account holders.  The firms were charged with sales violations and overvaluing the funds which lost approximately $1.5 billion in value from March 31, 2007, to March 31, 2008.

The SEC’s and the five states’ Administrative Orders required Morgan Keegan and Morgan Asset Management to pay a total of $200 million to establish an SEC Fair Fund and a States’ Fund, both for the benefit of investors.  A.B. Data has previously administered several large settlement funds in securities litigation cases and for the SEC.

The A.B. Data website for investor information is: www.abdataclassaction.com under “Morgan Keegan Settlement.”  Further, A.B. Data has set up live operators available for questions from investors and they will be available for the duration of the claims process (888-208-9083) during normal business hours. (Central time zone)  Investor inquiries may also be directed by mail to:  Morgan Keegan Settlement, Claims Administrator, c/o A.B. Data Ltd., PO Box 170500, Milwaukee, WI 53217-8091.

The federal and state regulators’ Orders also required that the costs for establishing, managing and disbursing these funds shall be paid separately by Morgan Keegan and Morgan Asset Management and will not be paid out of the $200 million in settlement funds which will all go to investors based on the filing of claims.

The regulators’ Orders provided that nothing in the settlement requires any investor to give up any rights in arbitration or any other proceeding that the investors are legally entitled to initiate.  Investors are not signing releases and the filing of a claim has no effect on whether investors are allowed to bring other claims.

Investors who purchased any of the Morgan Keegan Funds from other broker-dealers are also allowed to file claims for their losses.  However, it is important that these investors contact the Fund Administrator instead of waiting to be contacted because the Fund Administrator does not have the transaction data for investors that did not have an account at Morgan Keegan.

Also See:

CFTC’s Division of Market Oversight Issues Advisory Addressing Bona Fide Hedge Transactions and Positions

Former Detroit Officials and Investment Adviser to City Pension Funds Asked to Account for Role in Influence-Peddling Activity

FTC Takes Action against Bogus Precious Metals Investment Scheme

SEC Releases Risk Alert on Unauthorized Trading

FTC Closes Eight-Month Investigation of Express Scripts, Inc.'s Proposed Acquisition of Pharmacy Benefits Manager Medco Health Solutions, Inc.

Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Banc of America Securities LLC

Citicorp USA, Inc.

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

Consolidated Leasing Hugoton Joint Venture #2

Buchanan Ingersoll & Rooney Professional Corporation

Consolidated Leasing Anadarko Joint Venture

W. R. Huff Asset Management Co., LLC

Guardian Capital Management

ABN AMRO Bank N.V.

Vesta Insurance Group, Inc.

Free Enterprise Fund

Banc of America, N.A.

Torchmark Corp.

Beckstead and Watts, LLP

Barclays Bank PLC

KPMG Peat Marwick, LLP

Deloitte & Touche LLP

Public Company Accounting Oversight Board

BNY Capital Markets, Inc.

Florida State Board of Administration

Credit Suisse Securities (USA) LLC

Credit Lyonnais Securities (USA) Inc.

The Cleaners & Caulkers Local 1 Pension Fund

Credit Suisse, New York Branch

Ameriprise Financial, Inc. f.k.a. American Express Financial Corp.

Deutsche Bank AG

California Department of Corporations

The Royal Bank of Scotland plc

RiverSource Investments, LLC

Harris Nesbitt Corp.

Consolidated Management Group, LLC

The Bank of Nova Scotia

Asset Management Holding AG

Deutsche Bank

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

Alex Brown, Inc.

Tellabs, Inc.

Deutsche Bank Securities, Inc.

Mizuho International PLC

SG Cowen Securities Corp.

Makor Issues & Rights, Ltd.

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