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Archive for October, 2007

Top-Producing Independent Broker under Investigation

Frank Bluestein, one of the nation’s top-producing independent brokers, is under investigation by Michigan securities regulators for allegedly placing clients in partnerships that stopped paying dividends.

Industry sources place Bluestein’s annual fees and commissions at close to $7 million. In the summer of 2007, he was ranked the fourth-largest independent-contractor registered representative, with $1 billion in client assets, by Registered Rep.

According to an attorney familiar with the investigation, 1,500 people invested in a series of private partnerships that paid monthly dividends that stopped about six months ago. Many of them invested through Bluestein over a period of three to ten years with investments ranging from $10,000 to $1 million. The partnerships have been described as investments in real estate and telephone and Internet leases to hotels.

Bluestein’s attorney said his client denies culpability and that the partnerships were offered by a colleague, Ed May. May has no comment. The attorney also claims Bluestein lost “substantial amounts” of his own money through bad investments.

Bluestein’s own practice, Maximum Financial Group, is based in Michigan and over the last decade, he has been affiliated with Gunn- Allen Financial Inc. in Florida, Questar Capital Corp. of Minnesota, and AXA Advisors LLC of New York. Last month, Bluestein resigned from GunnAllen and GunnAllen clarifies that they “did not authorize, endorse, sponsor, approve, sanction, participate or benefit in any way from this activity” and believes the activity was hidden from them. Meanwhile, Questar Capital said they have not received any from Michigan regulators and AXA Advisors has declined to comment on the investigation.

The Michigan Office of Financial and Insurance Services is investigating Bluestein but has not reveals further details or charged Mr. Bluestein in any lawsuits or complaints.

Federal Prosecutors Launch Probe of Bear Stearns Funds

Federal prosecutors have launched a criminal investigation into two Bear Stearns Cos. mortgage-related hedge funds that collapsed during the summer, according to people familiar with the matter.

The U.S. attorney in Brooklyn has made a request to Bear Stearns for information related to the hedge funds, whose failure cost investors $1.6 billion, said these people. The probe is in the early stages, the people added, and has not generated subpoenas.

The specter of a criminal investigation is clearly bad news for the embattled Wall Street firm, which is already under the microscope by the U.S. Securities and Exchange Commission. Thursday, two weeks after reporting an abysmal third quarter marred by broad declines in their asset-management and fixed-income operations, Bear officials tried to put a positive spin on the firm’s future during an investor gathering at its New York City headquarters.

“Most of our businesses are beginning to rebound,” said Bear Chief Executive James Cayne. Late in New York Stock Exchange trading Thursday, Bear shares closed 0.52% lower, at $127.61.
Bear’s two funds, the High-Grade Structured Credit Strategies fund and a riskier sister vehicle known as the High-Grade Structured Credit Strategies Enhanced Leverage Fund, were launched in 2003 and 2006 respectively and managed by Ralph Cioffi, a former Bear mortgage salesman.

Until this past spring, the funds had enjoyed a series of up quarters. But when the market for subprime home loans, which catered to weak borrowers, turned south, so did many of the funds’ holdings.

After protracted performance declines and margin calls from Wall Street lenders that could not be met, the funds were shuttered in July. It was around that time that federal prosecutors in Brooklyn took an interest in the matter, said one of the people familiar with the matter.

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