According to the North American Securities Administrators Association (NASAA),
state securities regulators on Tuesday reported significant increases in the number
of enforcement actions, money ordered returned to investors, and years of incarceration
for securities law violations during the most recent reporting period.
“These statistics reflect the ongoing vigilance of state securities regulators
to protect Main Street investors from fraud,” announced Joseph P. Borg,
Director of the Alabama Securities Commission and President of the North American
Securities Administrators Association (NASAA), the oldest international organization
devoted to investor protection.
NASAA reported a 23% increase in enforcement actions (including administrative,
civil and criminal) to 3,635 during the 2004-2005 reporting period, up from
2,964 during the 2002-2003 reporting period.
One-quarter (26%) of all enforcement actions involved the financial exploitation
of seniors, Borg said, noting that 34% of all successfully concluded enforcement
actions involved either variable or equity-index annuities.
“Investment fraud targeting seniors is an ongoing concern and that’s
why we are pleased that federal regulators and others have joined us in our
efforts to fight senior investment fraud through targeted and aggressive enforcement,”
he explained.
Money ordered returned to investors (including restitution, rescission, and
disgorgement) increased 38% to $911 million from $660 million during the previous
period. Years of incarceration as a result of securities law convictions rose
30 percent to a cumulative 935 years, compared to 718 years in the previous
reporting period.
NASAA also reported monetary fines and penalties ordered during the 2004/2005
reporting period totaled $61 million. During the 2002/2003 reporting period,
penalties and fines totaled $822 million, which included amounts ordered stemming
from settlements related to several large Wall Street investigations.
“While our emphasis has always been on enforcing the securities laws
and getting money back to investors, the industry-created scandals of recent
years led to larger than usual totals for fines and penalties during the previous
reporting period,” Borg concluded.
“We hope that the lower amount of penalties and fines in the current
reporting period reflects that Wall Street now understands that business must
be done for the benefit of investors, not to their detriment and that the lessons
of the past will not be forgotten in the new economic climate.”