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The Honorable Mary L. Schapiro Chairman U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549
Dear Chairman Schapiro, We write to you on behalf of the thousands of American citizens whose lives have been devastated by the alleged fraud of Stanford Group Company, an SEC registered broker dealer, member of the Securities Investor Protection Corporation (SIPC), and member of the Financial Industry Regulatory Authority (FINRA), The alleged Ponzi scheme carried out by Allen Stanford and the Stanford group of companies is one of the most substantial financial crimes ever carried out in the U.S., and SIPC is the only system in place to protect investors when funds are stolen by a broker dealer. Fraudulent Stanford International Bank Certificates of Deposit were sold to U.S. investors by a network of over 200 FINRA-member advisors employed by SIPC member, Stanford Group Company (SGC). These Certificates of Deposit were purchased by investors who believed that their investment would be insured by SIPC. It is our understanding SIPC coverage has been denied to these investors, We also understand that the SEC has plenary authority over SIPC and request that the Commission take immediate action to order a liquidation proceeding of SGC, which we believe to be insolvent, under the Securities Investor Protection Act (SIPA) and re examine the possibility of extending SIPC coverage to its customers. It is clear to us that the complexity of the facts surrounding the SGC fraud requires diligent review in light of the reasons currently stated for denial of SIPC coverage. While we acknowledge that this is a unique case, we do believe that SIPC is the correct venue for investor protection for SGC investors. As you know, SIPA was enacted to protect investors and instill investor confidence in our financial markets. Investor confidence has been shattered in the wake of numerous financial frauds over the past few years, most notably the Stanford and Madoff Ponzi schemes. Accordingly, we ask for your reconsideration of SIPC coverage. Further, we understand that a coalition representing the thousands of defrauded SGC investors may be meeting with you to discuss these issues in the near future. We would greatly appreciate your careful consideration of the information that they will present. We thank you in advance for your cooperation and look forward to your quick response.
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Sincerely,
R ep, harles W. o u
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S en. Mar L a
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Rep, Charlie
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Sen. R g
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p. John Fleming
R ep. Gr
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. Richard Burr
p. Gene Taylo
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Rep. Travis Childers Rep. Lamar Smith
R p. John Boozman
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Rep l i j ah Cummings
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Rep. Tom Cole Rep. Mike Rogers
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aine Luetkeme r
Re . Kenny Marchant
R . L i ncoln
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Dear Chairman Schapiro; We are writing to request that the SEC conduct a formal review of the Securities Investor Protection Corporation's (SIPC) decision that the Securities Investor Protection Act (SIPA) could not be used to initiate a liquidation of Stanford Group Company (SGC) to satisfy the claims of victims of the alleged Ponzi scheme carried out by Allen Stanford and the Stanford group of companies. The SEC filed a civil complaint against Allen Stanford and the Stanford group companies on February 16, 2009. The report completed by the court-appointed receiver for all Stanford assets revealed an extraordinarily complex fraudulent scheme meant to steal investor funds for Allen Stanford's personal use and for the benefit of the Stanford companies. This alleged Ponzi scheme is one of the most substantial financial crimes ever carried out in the U.S, It is our understanding that SIPC coverage, a system in place to protect investors when funds are stolen by a broker-dealer, has been denied to investors with SGC who purchased fraudulent Stanford International Bank Certificates of Deposit. We also understand that the SEC has plenary authority over SIPC and we request that the SEC seriously review the denial of SIPC coverage and at the appropriate time respond in detail to the legal arguments recently presented to the SEC by the Stanford Victims Coalition in the attached letter, dated November 12, 2009. We look forward to your response and thank you for recently meeting with the Stanford Victims Coalition and to working cooperatively to uncover the facts of this fraud that has devastated the lives of thousands of Americans and severely shaken investor confidence. Sincerely,
eve ohen
ember of Congress
May 6, 2010 Chairman Mary Schapiro U.S. Securities and Exchange Commission
100 F Street, NE
On behalf of the thousands of American citizens in 46 states whose financial livelihoods have been
devastated by the $7.2 billion Stanford Financial Group Ponzi scheme, we urge the Securities and
Investor Protection Corporation (SIPC) to pay claims to customers of Stanford Group Company (SGC), an SEC-registered broker dealer and SIPC member.
As the recently released SEC Office of the Inspector General's report revealed, innocent investors were left unprotected by the SEC. The report suggests that had the SEC's Fort Worth office taken action in 1997 to stop this unprecedented and inconceivably complex scheme when it became aware of evidence indicating fraudulent activity, investor losses may have been mitigated, seeing
as a majority of U.S. investment in the fictitious Stanford International Bank CDs occurred after
2006 almost a full 10 years after the SEC suspected Stanford was engaging in dubious financial activities. The SEC's primary function is to protect investors, and it would appear that the SEC
Enforcement Director and other staff members at the SEC's Fort Worth oFfice committed
impermissible acts of discretion that needlessly prolonged the extent and severity of the fraud.
It is our understanding the Stanford Victims Coalition (SVC) has been in discussions with SEC staff for several months about their legal argument for obtaining SIPC coverage. It is also our understanding that SGC customers do not have a textbook case for SIPC. SIPC was created to
protect customers whose funds are stolen by a registered broker dealer. SGC customers' funds
were stolen by the owner of a registered broker dealer and ultimately diverted to the bank account of the broker dealer. SGC customers' funds were not used to purchase securities as directed by its customers. It appears the SEC's enforcement action that was 12 years in the making alleges that instead of purchasing securities, Allen Stanford and other co-conspirators diverted customer funds either to himself, or back to SGC. It would seem illogical and contrary to the spirit of SIPA to tell SGC customers their funds were stolen by the owner of the broker dealer, yet the manner in which the theft occurred precludes the customers from receiving their due relief.
In accordance with existing laws and regulations, we urge the SEC to heed the OIG report in
making its final deter mination regarding the payment of SIPC claims to victims of the SGC Ponzi scheme, and seek the SEC's urgent and full cooperation to ensure justice for those who have been wronged by this crime.
We thank you in advance for your cooperation and look forward to your quick response. Sincerely,
/ r /.
re
1. 2. 3. 4,
Senator Roger Wicker Senator Mark Pryor Senator Thad Cochran Senator Blanche Lincoln
6. Senator Richard Burr 7, Senator Mary Landrieu 8. Rep. Sue Myrick 9. Rep. Allyson Y, Schwartz 10. Rep. Kay Granger 11. Rep. Charlie Melancon 12. Rep. Bill Cassidy 13. Rep. Michael McCaul 14. Rep. Gregg Harper 15. Rep. Charles W. Boustany, jr. 16. Rep. Gabrielle Giffords 17. Rep. Gene Taylor
18. Rep. Lamar Smith 19. Rep. Ileana Ros-Lehtinen
20. Rep. Pete Sessions 21. Rep. Lynn C. Woolsey 22. Rep. Travis W. Childers 23. Rep. Brad Milier
24. Rep. Blaine Luetkemeyer 25, Rep. Steve Cohen
26, Rep, Ron Paul 27. Rep. Al Green 28. Rep. Kenny Marchant
29. Rep. Patrick McHenry
CLAIRE McCASKILL
MISSOURI
Dear Chairman Shapiro: I have been informed that the Securities and Exchange Commission (SEC) is currently reviewing whether victims of the alleged $7.2 billion ponzi scheme perpetrated by Stanford Financial Group are entitled to
coverage from the Securities Investor Protection Corporation (SIPC). I would urge you to conduct a careful review and provide all due consideration to the victims who have lost a vast amount of wealth as a result of the fraud.
While relatively few of the victims of the Stanford ponzi scheme reside in Missouri, those that do have
suffered immensely. Some have lost all of their retirement savings while on the brink of retirement. Others are now all but destitute. I understand that this case is particularly difficult because of Stanford's complicated corporate structure and the transnational nature of their transactions. I also think it is important to bear in mind that it was Stanford, and not the SEC, that is alleged to have stolen the victims' money. However, the reports by the
SEC's Inspector, General on both the Madoff and Stanford ponzi schemes, as well other scandals, have
shaken investors' confidence in the commission. I know that you are working hard to rebuild the SEC's reputation. One effort that can help is to make sure that victims of Stanford and all other ponzi schemes are treated as fairly and judiciously as possible.
The SEC must do everything in its power to combat any perception that one group of victims is receiving
different consideration than another.
Sincerely,
Chairman Mary Schapiro Securities and Exchange Commission 100 F Street NE Washington, D.C. 20549
The Honorable Mary L. Schapiro Chairman Securities and Exchange Commission 100 F Street, NE Washington, D.C. 20549-0001 Dear Chairman Schapiro, It has been more than two years since thousands of Americans lost their savings in the Stanford Ponzi scheme. For many of the victims, these losses reflect most, if not all, of their retirement funds that were accumulated over many years of hard work. These Americans relied on the Securities Exchange Commission (SEC) to uphold its federal mandate to protect investors and the SEC failed in this regard. For twelve years, the SEC failed to seriously investigate the Stanford Ponzi scheme, which grew from approximately $500 million in investments in 1997 to $7.2 billion in 2009, In 2010, SEC Inspector General David Kotz revealed the SEC was aware as early as 1997 that Stanford investors' funds were in jeopardy of being stolen. It was not until 2004 s even years after the SEC first became aware of problems at Stanford t hat an official investigation was opened. By the time the SEC took action in this case, it was too late for the Stanford victims. Stanford investors lost virtually everything,
While we understand there are numerous complexities involved in the Stanford case, the
bottom line is that investors' funds are tnissing and the SEC failed to act in a timely manner to put an end to Allen Stanford's fraud. In addition, we understand that many Stanford investors were customers of Stanford Group Company (SGC), a broker-dealer that was a member of Securities Investor Protection Corporation (SIPC). We are also keenly aware of ongoing SEC efforts to determine whether Stanford Victitns qualify for coverage under the Securities Investors Protection Act ("SIPC coverage"). As you continue to review and reconstruct the fraud of the Stanford Ponzi scheme, we urge you to prioritize the determination of whether Stanford Victims qualify for SIPC coverage. We are aware of several issues the SEC staff has raised with respect to whether Stanford
Victims qualify for SIPC coverage. It is our understanding that SEC counsel has informally
stated that SGC customers are not eligible for SIPC coverage at this time because (1) SGC was merely an introducing broker-dealer, and (2) SIPC is not meant to compensate customers of worthless securities. Before making a formal decision, we request the SEC consider the facts set
forth in the Declaration of Karyl Van Tassel (attached hereto as "Exhibit A"), which illustrates how the funds for SGC were generally routed to continue Stanford's fraudulent business practices, rather than purchasing securities. We are concerned that the SEC's ongoing review of Stanford Victims'eligibility for SIPC coverage reflects a lack of urgency. We trust you will expedite your review of this issue and keep us informed of your findings. Sincerely yours,
Ro r U.S.
. W i c k er n a t or
Jo n lb e r son U, . e p resentative
John J U.S. R
M ar a W. Bl c u r n U.S. Representative
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n R. Carter
U.S. Representatives
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les W. Boustan U.S. Representative
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J Fl e m i n g U. . Representative
U.S. Senator
Exhibit A
IN THE UNITED STATES DISTRICI' COURT POR THE NORTHERN DISTRICT OP THUS DALLAS DIVISION
5
SECUIUTIES AND EXCHANGE COMMISSION, Plaintiff,
V.
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DECLARATION OF
personally involved in, FTI's forensic accounting and cash tracing activities for the Stanford Entities. The purposes of FITs work have been, in part, to (a) determine
the roles the various Stanford Entities played in the fraud. alleged by the SEC and specificaliy in the sale and redemption of Stanford International Bank ("SIB") certificates of deposit ("CDs"); (b) identify the source(s) of income and cash flows
for the various Stanford Entities; and (c) trace those funds to determine how they were allocated and disbursed throughout the Stanford Entities.
4. Thi sdeclaration is being made in connection with the Stanford Victims Coalition's ("SVC") request to the SEC to direct the Securities Investor Protection Corporation ("SIPC") to initiate a liquidation of Stanford Group Company ("SGC") under the Securities Investor Protection Act ("SIPA") to compensate SGC customers whose funds were lost through SGC. Allen Stanford (" Stanford" ) was the sole owner of Stanford Group
Holdings which is in turn the sole owner of Stanford Group Company ("SGC"). SGC is an SEC-registered broker dealer and SIPC Member with offices throughout the United States. Stanford was also the owner of Stanford International Bank Limited, an offshore bank chartered in Antigua, Vilest Indies; Stanford Trust
Coinpany ("STC"), a financial institution chartered in the state of Louisiana where custoiner accounts were established to hold custody of SIB CDs sold to SGC customers; and, Stanford Financial Group Company ("SFGC"), which provided
shared services, including treasury and investment services to the Stanford Entities. Additionally, Stanford also, directly or indirectly, owned more than i3o separate entities which together with SGC, STC, SFGC and SIB comprised a single,
commonly-owned financial services network called the Stanford Financial Group, ("SFG"), which was headquartered in Houston, Texas. 6, Sta n f ord, along with a close band of confidantes, controlled SFG (of which SGC, STC, SFGC and SIB were a part). These confidantes included James Davis as CFO for SFGC and SIB, and Laura Pendergest Holt, Chief Investment
Officer for SFGC. 7, S I B was nothing like a typical commercial bank SIB had one principal financial product certificates of deposit one principal source of and
funds customer deposits from CD purchases. 8. Mos t , and perhaps all, of the Stanford Entities, were part of the Ponzi scheme alleged by the SEC or derived benefit from it. The U.S. Stanford entities
that were the most closely involved with the sale and redemption of SIB CDs were
SGC and STC. Registered representatives of SGC sold SIB CDs to investors, and STC held custody of SIB CDs sold by SGC to customers who held IRA accounts at STC.
9.
Entities, in particular SGC and SFGC, were proceeds from the sale of SIB CDs. ao. S G C customer funds sent by wire transfer and intended to purchase SIBI. CDs did not go to Stanford International Bank in Antigua. Once the funds were received they were managed by SFGC personnel in the U,S. SGC customer funds were routed through bank accounts in the name of SIB or STC and then disbursed by SFGC personnel among the Stanford Entities, including SGC.
n.
the name of SGC at Trustmark National Bank came from sources traceable to SIB accounts that were funded almost exclusively by customer deposits intended to purchase SIB CDs. Vhthout income related to SIB CDs, SGC would have been insolvent from at least 2oo4 forward (and likely before). Referral fees and CD related compensation constituted the majority of SGC's revenue in each year from
2oo4 thru 2oa8. Even when this CD related compensation is considered with
other income received by SGC in the ordinary course of business, SGC showed negative cash Qows from operations in each year from 2oo4 thru 2008. The only reason SGC's Qnancial statements did not reflect negative cash flows is because SGC received millions of dollars in capital contributions, which consisted
(many of them illiquid, such as private equity deals), diverted to other Stanford entities "on behalf of the shareholder," i.e. for the beneQt of Allen Stanford, or used
to finance AHen Stanford's lavish lifestyle (e.g. jet planes, a yacht, other pleasure . craft:, luxuxy cars, homes, travel, company credit card, etc.). At least from 2ooj until the SEC complaint was filed on Febroary 17, 2oo9, SGC customer funds intended for the purchase of SIB CDs were used to
MARCO R U BIO
FLORIDA
COMMITTEES
FOREIGN RELATIONS
April 1, 2011
aware that the SEC is in the process of determining whether Stanford Victims qualify for
coverage under the Securities Investors Protection Act ("SIPC coverage"). As you continue to review and reconstruct the fraud of the Stanford Ponzi scheme, I urge you to prioritize the determination of whether Stanford Victims qualify for SIPC coverage. The SEC staff has raised issues with respect to whether Stanford Victims qualify for SPIC
coverage. Before making a forrnal decision, the SEC should consider the facts set forth in the Declaration of Karyl Van Tassel, which illustrates how the funds for SGC were generally routed to continue Stanford's fraudulent business practices, rather than purchasing securities.
I respectfully request that the SEC expedite its review of this issue and issue a ruling on SIPC coverage for victims of the Stanford Ponzi scheme in the near future.
Sincerely,
Marco Rubio
April 4, 2011
The Honorable Mary L. Schapiro Chairman U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549 Dear Chairman Schapiro, I understand the Securities and Exchange Commission (SEC) is currently considering whether the thousands of victims of the Stanford Ponzi scheme qualify for reimbursement of losses under the Securities Investor Protection Act (SIPA). In 2009, the SEC charged Allen Stanford and his associates with fraud in connection with Stanford Financial Group's $8 billion certificate of deposit investment scheme. Over the last two years, the victims of Mr. Stanford's scheme have struggled to pay their bills and have had to endure the misery of financial uncertainty regarding restitution. The SEC could have minimized the magnitude of Mr, Stanford's fraud had it followed-through on the initial investigation and filed an emergency action against Stanford International Bank in 2005. Victims in my state of Florida have raised a number of concerns regarding the SEC review of whether defrauded investors qualify for coverage through the Securities Investor Protection Corporation. Based on their comments, I am concerned that the SEC review of this matter lacks a sense of urgency. I encourage you to expedite your review and prioritize the determination of whether Stanford victims' losses are covered under our securities laws. And before making a formal decision, I urge you to carefully consider the submissions and declarations provided by Stanford victims residing in Florida and around the country. Thank you in advance for your assistance and attention to this matter. Please keep me informed of developments as final decisions are inade. Sincerel
April 21, 2011 The Honorable Mary Shapiro Chairman Securities and Exchange Commission 100 F Street, NE Washington, D.C. 20549 Dear Chairman Shapiro: As we have discussed previously, we have been contacted by our Missouri constituents who were victims of the alleged ponzi scheme propagated by Allen Stanford, Those constituents do not believe they have received a fair hearing from the Securities Investor Protection Corporation (SIPC) with respect to the claims they submitted for compensation for their losses in the Ponzi scheme. Specifically, they believe that SIPC has improperly disregarded arguments and evidence they have produced to dispute the SIPCs decision to deny coverage, In order to maintain public trust in institutions like SIPC, it is imperative that claimants receive a fair hearing and have full access to all appropriate avenues of appeal. It is our understanding that the Securities and Exchange Commission (SEC) can review and, if it deems such action appropriate, overturn a SIPC decision on coverage. We would encourage you to bring the Stanford claims before the commission for a full review as soon as possible. The pain and anguish that the Stanford victims have suffered has been particularly acute in light of the financial crisis. Not only v,ere innocent victims defrauded of billions by Stanford and his associates, they also saw huge portions of their retirement savings evaporate as financial markets unraveled. For some of our constituents, their loss was so severe that they now face poverty. We request a response detailing the efforts the SEC has made to review the Stanford case, a review by the full Commission and an explanation of the full Commission's subsequent decision on the matter, and a detailing of what steps the SEC plans to take moving forward. We look forward to your response. Sincerely,
Roy Blu
United States Senator
STEVE COHEN
9TH DISTRICT, TENNESSEE
WASHINGTON, DC 20515
www.cohen. house.gov
April 15, 2011 The Honorable Mary L. Schapiro Chairman U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549 Dear Chairman Schapiro, I am writing to urge the Securities and Exchange Commission (SEC) to expedite its decision regarding coverage for Stanford Group Company (SGC) customers under the Securities Investor Protection Act (SIPA). Many of my constituents lost their retirement savings accumulated over many years as a result of the Stanford Ponzi scheme, and they have waited for more than 2 years for the SEC's determination on what appears to be their only potential source of a meaningful recovery. I am aware of several issues the SEC staff has raised with respect to whether SGC customers qualify for payments by the Securities Investor Protection Corporation (SIPC) of up to $500Kof the stolen funds. I t i s m y u nderstanding that SEC counsel has informally stated that Stanford Group Company (SGC) customers are not eligible for SIPC coverage at this time because SIPC is not meant to compensate customers for the loss of value in a security or worthless securities. Before making a formal decision, I request the SEC consider very carefully the Commission's positions taken in the Old Naples Securities and New Times Securities cases as well as the details set forth in the attached Declaration of Karyl Van Tassel, which demonstrates SGC customers' funds were not used to purchase securities, but were instead routed through various Stanford bank accounts before being acquired by SGC t o pay the expenses of the broker dealer. This misappropriation of customer funds by a SIPC member seems to me like it should be protected under the SIPA. While I understand the Stanford case is not a "textbook" case for compensation by SIPC, the bottom line is that investors' funds given to an insolvent broker dealer and SIPC member to purchase securities were instead stolen while the SEC delayed enforcement action to put an end to Allen Stanford's fraud for more than 12 years.
I trust you will make this issue a priority, Please keep me informed of your findings. As always, I remain, Most sincerely,
/ y!
.= St ve Cohen
Member of Congress
FOREIGN RELATIONS
HEALTH, EDUCATION, LABOR, AND PENSIONS
JOINT ECONOMIC
Stanford Victims Coalition to obtain protection under the Securities Investor Protection Act. I write to you today because I understand a decision by the Securities and Exchange Commission (SEC) is forthcoming.
As the SEC prepares to announce its formal recommendation, I encourage the Commission to consider the lack of investor protection in this particular case. According to the Commission's Office of the Inspector General, the SEC's Fort Worth office first became aware that Stanford
Group Company customers' funds were in jeopardy of being stolen through a possible Ponzi scheme in 1997. Despite repeated warnings from the Examination Group at the Fort Worth
office, the SEC took no enforcement action to safeguard SGC's investor funds. Instead, the
company was permitted to continue perpetrating an $8 billion dollar fraud by selling fictitious securities to thousands of U.S. citizens, including a number of Pennsylvanians.
I hope that the SEC will continue to work with the victims of this crime to ensure a quick and fair final resolution.
Sincerely,
,$h.
Robert P. Casey, Jr.
United States Senator