Practice

BoA Broker Faces 25 Years In Prison in Canary Caper

ORLANDO, Fla. - As New York State Attorney General Eliot Spitzer continues to focus on fund executives who have broken the oldest rules in the books, others in the industry gathered at the Investment Company Institute's Tax and Accounting Conference here last week to try and figure out how to comply with some of the newer regulations.

Bank of America has been busy doing damage control in the wake of New York State Attorney General Eliot Spitzer's probe into its and four other fund companies' trading policies. The bank has fired Robert Gordon, director of mutual funds, and two other top salespeople named in Spitzer's complaint, including Theodore C. Sihpol III, a broker who worked in BoA's New York office for high-net-worth clients, and Charles Bryceland, head of brokerage and private banking. Broker Mike Tierney and sales supervisor Kathy Tubiolo have also been let go. Rich DeMartini, head of asset management and also named in Spitzer's suit, had not lost his job as of press time.

The 529 college savings plan has yet to catch America's attention the way many providers would have hoped. While it is still early in the product's lifespan, it has struggled with profitability issues, low awareness levels among average investors, and potentially crushing legislative barriers.

Spitzer Probe Could Derail Janus Capital's Rebound

Sarbanes what? The landmark legislation passed last year in response to rampant accounting misdeeds has disappeared from the headlines but continues to be a thorn in the side of fund executives and accounting personnel.

It's open season on the mutual fund industry, as New York State Attorney General Eliot Spitzer's probe of mutual fund trading practices has triggered a barrage of investor lawsuits.

Tongues are wagging and fingers are pointing.

Fear and greed are what drives Wall Street. Just because the mutual fund industry serves the higher calling of providing for the retirement security of 95 million Americans, it appears to be no better than the next hypocritical analyst, commission-hungry trader or manipulative investment banker. Greed is greed. Even in the fund industry.

The Securities and Exchange Commission reportedly is considering subjecting hedge funds to routine inspections. The SEC is particularly interested in reviewing hedge funds' trading strategies, although the SEC reportedly does not want to publicly disclose these trading strategies. The SEC is expected to release the findings of its investigation of the $600 billion hedge fund industry by the end of this month or early next month.