January 13, 2003
Tarnished telecom stock analyst Jack Grubman is facing an unprecedented legal
assault as part of a strategy to collect damages for errant stock picks that
cost investors tens of millions of dollars.
Plaintiff's lawyer Robert Weiss of Jericho, N.Y., says he will file as early
as today more than 100 arbitration claims en masse with NASD, the securities
industry self-regulatory organization.
The claims, each of which is being filed on behalf of an individual investor,
is a marked departure from the traditional route to collect damages - a class
action.
``I don't know of any mass filings like this with the NASD,'' says Thomas
Ajamie, a plaintiff's attorney based in Houston.
Opening the door
If the strategy proves successful, it could open the door to arbitration for
thousands of small investors who lost money in the tech stock crash but lack
the resources to pursue individual legal claims.
Mr. Weiss says none of the claims exceeds $25,000. Securities lawyers, who
often work for contingency fees amounting to one-third of a settlement, are
typically loath to file arbitration claims for such small amounts.
``Many brokerage firms are cynical about [arbitration claims by] small
investors,'' adds Mr. Ajamie. ``They know the small investor can't afford a lawyer.''
Plaintiff's attorneys in the past have filed arbitration claims for investors
as a group. But the number of Mr. Weiss' investor claims could ultimately
dwarf previous such filings before NASD, attorneys say.
In the coming months, Mr. Weiss says, he will file up to 1,000 similar claims
against Citigroup Inc. of New York, its Salomon Smith Barney Inc. brokerage
unit and Mr. Grubman.
According to NASD records, the former analyst has 43 unrelated complaints
against him, the majority of which are pending.
The claims in the latest filing all focus on Mr. Grubman's research of
WorldCom Inc., the Clinton, Miss., telecommunications company that filed for
bankruptcy protection last year.
According to a summary of Mr. Weiss' complaint, Mr. Grubman and Salomon
allegedly defrauded investors about WorldCom by issuing misleading research
reports, failing to disclose conflicts of interest and denying investors independent
and objective analysis.
In August 1999, Mr. Grubman wrote that investors should ``load up the truck''
and ``buy every share of WorldCom they can,'' according to the summary.
Mr. Grubman continued to rate the stock a ``buy,'' even as the broad market
and telecom sector declined after March 2000, according to the statement.
WorldCom, which traded at as high as $62, is now trading for nickels a share.
It admitted to fabricating almost $9 billion in earnings.
According to Mr. Weiss, each of his clients relied on Mr. Grubman's research
to buy WorldCom shares.
``Small investors have not had a voice and have been subject to class action
cases,'' he says.
In most successful class actions, Mr. Weiss adds, investors typically recover
only pennies on the dollar.
His strategy, which he says draws on the expertise of several outside law
firms, is similar to a ``mass tort'' such as tobacco or asbestos litigation.
Linda Fienberg, president of NASD Dispute Resolution, is confident that her
division can handle any spurt in its caseload. Claims of less than $25,000 are
handled by one arbitrator rather than a panel of three, she notes, which
simplifies the process.
NASD will also add to its staff to deal with any increase in cases, and will
work with both sides to set up procedures to handle the cases, she says.
The battle over Wall Street's stock research between firms and regulators
kicked off last spring, when New York Attorney General Eliot L. Spitzer made
public embarrassing e-mails by Henry Blodget, the former Merrill Lynch & Co. Inc.
star Internet analyst.
The New York brokerage giant and Mr. Spitzer later reached a $100 million
agreement to settle the charges.
But the states, pressuring NASD and Securities and Exchange Commission
officials, joined together to put the heat on other firms and their stock research
practices. By the end of this month, state officials expect to release the
findings and details of some of their investigation that led to a ``global
settlement.''
The settlement may cost the 11 largest investment firms $1.4 billion.
Citigroup alone is expected to pay close to $400 million.
Mr. Grubman, meanwhile, quit Salomon last August but has reportedly agreed to
pay $15 million in fines to settle with regulators.
According to his NASD file, he is under investigation by NASD Regulation for
his stock calls concerning Winstar Communications Inc. of New York.
Mr. Grubman got caught up in his own e-mail embarrassment when he bragged to
a friend in 2001 that Citigroup chairman Sanford I. Weill helped secure spots
for his two children at an exclusive Manhattan nursery school in 1999.
The help came after Mr. Weill asked Mr. Grubman to take a ``fresh look'' at
AT&T Corp. of Basking Ridge, N.J. At the time, Mr. Grubman was bearish on the
stock, but after Mr. Weill intervened at the school, he started recommending
it.
Mr. Grubman later claimed he had invented the story. Mr. Weill acknowledged
helping his children but denied conditioning it on Mr. Grubman's upgrades. At
the time, Mr. Weill was trying to curry favor with AT&T CEO C. Michael
Armstrong, a Citigroup director, in a bid to oust Citigroup's former co-chairman John
Reed