Investigating Brokerages

May 1, 2002

At Benchmark we conduct investigations of pension fund, 
money manager, pension consultant and brokerage wrongdoing, 
virtually all on behalf of institutional clients. When 
appropriate, matters are referred to regulators and law 
enforcement. A few cases have received public attention; 
the vast majority have not. From our experience we have 
learned wrongdoing in the money management and securities 
industry is far more pervasive than the public is aware. 
Over the past ten years this message has not always been 
enthusiastically received. Drawing attention to industry 
problems that were not obvious, in a market environment 
where there were few outright "losers" was not appreciated. 
Today, however, many industry practices are being 
scrutinized and a consensus is building that many of these 
practices are harmful to investors.  
 
While attention has been focused upon conflicts of interest 
in the brokerage industry (specifically those related to 
research analysts), the greater issue of the conflict of 
interest related to self-regulation of the brokerage 
industry has not been addressed. The brokerage industry is 
unique in that it has been permitted to self-regulate with 
limited SEC oversight, self-insure through the Securities 
Investor Protection Corporation, self-adjudicate through 
mandatory NASD Dispute Resolution arbitration, and even 
control, through the NASD Public Disclosure Program, the 
information the public receives about firms. The degree of 
control the NASD and its members exercise is both 
remarkable and disturbing. It is our conclusion, based upon 
of years of investigations, that self-regulation of the 
brokerage industry is the root cause of many brokerage 
abuses. If self-regulation worked then presumably money 
managers, insurance companies and banks would be similarly 
self-regulated. Are brokerages especially trustworthy that 
they should be permitted the privilege of self-regulation 
when these other financial institutions are not?  
 
Brokerage firms often are in the midst of wrongdoing 
because they serve as the lynch-pin between pensions, money 
managers, pension consultants and securities trading. 
Virtually every time money moves, whenever money managers 
or securities in a portfolio turnover, a brokerage 
facilitates the transactions and gets paid a commission. 
While massive studies regarding money managers have been 
published, little attention has been paid to brokerages. It 
is as if brokerages are regarded as unworthy of serious 
attention.  
 
As of December 2001, there are were approximately 5636 NASD 
member firms operating in the U.S. with over 88,000 branch 
offices and 673,822 licensed brokers. Like banks in the 
past, today it is brokerage firms that are primarily 
responsible for handling the nation's wealth. Yet there is 
a dearth of information regarding these firms.  
 
While conducting an investigation last year, it occurred to 
us that there was no comprehensive source for researching 
securities dealers. Rather than continue to conduct private 
investigations of brokerages on behalf of institutional 
clients focusing upon a limited number of brokerages, we 
proposed to publish a Directory that would provide 
investors with valuable information regarding all the 
firms. We are offering this comprehensive guide to the 
nation's brokerages for sale at this time. 
 
 
The Siedle Directory of Securities Dealers provides retail 
and institutional investors alike with critical information 
regarding the integrity of all brokerage firms registered 
with the National Association of Securities Dealers, Inc. 
(NASD). We believe the information provided in The 
Directory will assist investors in their determination 
whether to conduct or continue to conduct business with a 
NASD member firm. For the general public, a review of 
brokerage firms prior to investing and on an ongoing basis 
makes sound financial sense. For fiduciaries involved in 
brokerage decision-making, such as money managers, 
pensions, endowments and foundations, regular review of the 
brokerages they entrust with assets is mandatory.  
 
The Directory was created to respond to the public's need 
for comprehensive, objective information about NASD member 
brokerage firms. The Directory provides investors with 
important data regarding certain criminal charges and 
convictions, regulatory actions, civil judicial actions, 
and certain financial actions, such as bankruptcies, 
unsatisfied judgments or liens. By providing this and other 
information pertaining to all NASD member firms in a single 
place, available for simultaneous viewing, investors are 
able to compare and contrast firms, as well as garner 
information about the industry generally. 
 
The Directory can be helpful to investors by providing them 
with industry-wide and firm specific data. For example, 
what percent of firms have disciplinary events in their 
histories? What is the average number of disciplinary 
events in each category? What are the types of products and 
services offered by a given firm? Does a firm frequently 
land in arbitration regarding a specific product or 
practice? In how many states is the firm registered to do 
business? Has the firm been suspended or expelled from the 
NASD? These are but a few of the questions The Directory 
will address. 
 
Most important, The Directory can give investors a better 
understanding as to the disclosure process related to 
brokerages, including which matters are required to be 
disclosed and which are not and the integrity of the 
process.  
 
The Siedle Directory of Securities Dealers has been 
described in articles in Fortune, the Wall Street Journal, 
and Bloomberg News. We believe it represents a substantial 
step forward in brokerage due diligence. We invite you to 
purchase The Directory by clicking on the order button 
below.


Setting Standards For The Investment Management Industry

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