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Settlement Frequently Asked Questions

What does this “global settlement” mean? What happened?

Am I part of the settlement?

I heard the SEC will have a restitution fund.
If there is no restitution fund, what can I do?
 
 
Question What does this “global settlement” mean? What happened?
Answer In 2001 and early 2002, Congress and the SEC were examining the issue of analyst conflicts of interest. In April of 2002, the New York Attorney General's office announced an enforcement action against Merrill Lynch based on internal emails it uncovered that showed analysts were pressured to issue bullish stock recommendations to please investment banking clients. Soon afterward, regulators from the states, industry self-regulatory organizations and the SEC formed a joint task force to investigate Wall Street's leading investment banks. In December regulators announced an agreement in principle with the firms. The agreement was finalized on April 28, 2003.
   
Question Am I part of the settlement?
Answer Lawmakers and OFIS managers are still determining how the $12.6 million Michigan settlement will be used. As pointed out in the April 28, 2003 press release, Governor Granholm said, “…part of this settlement will help educate investors here in our state …” This means a portion of the settlement may be used for Investor Protection and Investor Education.
   
Question I heard the SEC will have a restitution fund.
Answer The details of investor restitution claims with the SEC have not been finalized. We expect to have more specific information for Michigan investors in the next few months. Check these web sites periodically for information on whether a restitution fund will be established, whether you qualify and how to make a claim:
SEC – www.sec.gov
NYSE – www.nyse.com
NASD – www.nasd.com
   
Question If there is no restitution fund, what can I do?
Answer Any recovery of investor losses will be through private legal action:
  • Class Action Lawsuit(s) – attorneys are contacting investors; make certain to do your research before getting involved with an attorney that contacts you regarding this global settlement.

  • Arbitration – if you choose arbitration, the Public Investors Arbitration Bar Association, is an organization that specializes in dispute resolution in the securities industry. As part of your research, you can check their web site for more information on how they are handling clients in the global settlement: www.piaba.org .

    Also check with the State Bar of Michigan as part of your research, www.michbar.org

   
This is the most recent information we have regarding the global settlement. As we get more information and details, we will post the information on our web site, www.michigan.gov . Or, contact our Communication Center toll-free at (877) 999-6442 in Lansing (517) 373-0220.
 
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Related Content
 •  Overview
 •  Press Release Issued April 28, 2003, Commissioner Watters
 •  Press Release Issued April 28, 2003, Global Settlement Task Force
 •  Statement of the Commission Regarding Distribution Funds from the Global Settlement

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