Securities Concentration

Financial System on the Verge of Collapse

Recent historic events in the financial markets have resulted in the acquisition of Bear Stearns, the takeover of Merrill Lynch, the bankruptcy of Lehman Brothers and the conservatorship of Fannie Mae and Freddie Mac, while investor stock market losses have decimated the value of a lifetime of investment. Prudent investment advice warns against the concentration of investments into the banking and financial services sector of the economy.

Financial advisors are required to recommend only suitable investment advice and disclose the risks associated with an investment strategy of securities and sector concentration in the banking and financial services sector. Financial advisors should advise against these risks. When a concentrated portfolio is maintained, the only suitable investment advice is to recommend risk management strategies to protect the value of the concentrated positions. Portfolios concentrated in following securities have suffered disproportionate losses to the overall stock market:

Investors who ignore the risk associated with concentrated positions in the banking and financial services sector were subject to a greater risk of a catastrophic financial loss. Nonetheless, investors still maintained concentrated portfolios for various reasons. A portfolio may have been concentrated as the result of many of the following reasons:

Investors who maintained a portfolio concentrated in the Banking and Financial Services Industry may be able to recover damages for advice which was unsuitable.

Frequently Asked Questions From Investors:

Q:What duties and obligations do stockbrokers have to recommend diversification and implement a risk management strategies for concentrated positions on behalf of their clients?

 

Q: Why is it unsuitable to concentrate my investments in the banking and financial services sector?

 

Q: What if a concentrated stock position was maintained and certain constraints precluded diversification as an option?

 

Q: What risk management strategies could have protected against these losses?

 

Q: What if the concentrated stock position had a low tax cost basis and there is no tax loss, could I still have a claim?

 

Q: How do I know if I have a viable claim and what steps do I take to file an arbitration claim?


Q:What duties and obligations do stockbrokers have to recommend diversification and implement a risk management strategies for concentrated positions on behalf of their clients?

Stockbrokers have many duties owed to their client, one of which is to only make suitable investment recommendations based on relevant facts concerning the client’s age, net worth, income, tax status and investment experience. When an account is concentrated it is considered unsuitable and the only suitable recommendation is to implement risk management strategies to protect the value of the concentrated position. Brokerage firms are required to supervise the activities in brokerage accounts, losses from securities concentration can be attributed to the failure to adequately supervise the stockbroker and the brokerage account. Brokerage firms are obligated and investors are entitled to rely upon brokerage firms for competent, professional investment services in accordance with the Financial Industry Regulatory Authority (FINRA) Rules and Regulations.

Q: Why is it unsuitable to concentrate my investments in the banking and financial services sector?

Investors control portfolio risk through diversification which reduces diversifiable risk. This diversifiable risk is also known as business risk which is the risk specific to a particular business industry, such as a bank exposure to sub-prime loan losses and auction rate securities losses. When a portfolio is considered non-diversified there is an increased exposure to a specific security or sector of the economy. It is this concentrated exposure to the banking and financial services sector which has led to the catastrophic losses.

Q: What if a concentrated stock position was maintained and certain constraints precluded diversification as an option?

Many concentrated stock positions are held by investors as the result of situations such as Rule 144 corporate stock grants, employee stock option, tax-related objectives, or any number of considerations. Each risk management strategy is designed to protect the value of the concentrated stock position with a different tax issue and opportunity cost associated with the different strategies. Unless the stockbroker can document that the risk management strategies were recommended, there is a potential claim for negligence and a failure to supervise the activities in the account.

Q: What risk management strategies could have protected against these losses?

The following risk management strategies are widely known and can represent suitable investment advice for an investor with a concentrated portfolio. The risk management strategies below are available through Wall Street brokerage firms:

Q: What if the Concentrated Stock Position had a Low Tax Cost Basis and there is no Tax Loss, Could I still have a Claim?

Whether a security has a low tax cost basis has no bearing on damage calculations which measure the decline of value in the brokerage account, over the relevant time period. This calculation measures the change in the value of securities over a relevant time period which is based on case facts that determine damages. The relevant time period could include the period after a client asks whether a position should be sold or perhaps a supervisory report which was generated after a decline in value had occurred. In these instances, tax cost basis would have no bearing on the theory of damages.

Q: How do I Know if I Have a Viable Claim and What Steps Do I Take to File an Arbitration Claim?

Take the Following Steps to Begin the Recovery of Your Investment Losses: