Investing Guide at Deep Blue Group Publications LLC Tokyo: Why You Should Avoid Zombie Structured Notes
Occasionally I see financial products spring from the dead
to devour investor dollars. One such product is called a “structured note.”
I first wrote about these vehicles more than three years ago
for AARP Magazine, The New York Times, Reuters and Morningstar.com. Here’s the
warning the SEC and FINRA issued after I wrote the pieces.
Structured notes are like bonds, only linked to derivatives.
Brokers sell them to mostly older, yield-hungry investors. They are dangerous
because they are almost universally backed by the credit of a bank — they are not federally
insured — and promise a healthy yield during low-yield times.
I don’t recommend these products because of the risks and
costs. They can certainly lose money and reap huge commissions for the brokers
selling them. Many of them are labeled “principal protected.”
No one quite knows how these notes will perform in a
prolonged bear market, but we have a clue. Lehman Brothers sold billions of
them prior to the 2008 crash and investors got their shirts handed to them.
UBS, the Swiss bank and one of the biggest brokers of the
Lehman products, agreed to pay investors $120 million to settle a lawsuit over
the Lehman notes last year. UBS spokeswoman Megan Stinson told Reuters the
Swiss bank was “pleased with the settlement, saying it avoided the cost and
uncertainty of litigation, and had set aside reserves to cover it.” The bank
did not admit wrongdoing in agreeing to settle.
As stock-market volatility soared in the past month, though,
brokers have seized the opportunity to sell even more structured products. The
Wall Street Journal’s Jason Zweig was on top of the sales surge:
“Over the two weeks that ended October 10, 343 structured
notes totaling $2.17 billion were issued by various investment banks. That’s
more than three times the amount of deals issued over the same time last year,”
reported Zweig, who cited research by Exceed Investments in his report.
“These short-term bonds are typically structured to limit or
eliminate your exposure to losses while giving you a stake in potential gains,
making them especially alluring in weeks like the one we just had, when stocks
were glowing red,” Zweig reported. “But whether you should buy them depends on
the exact terms of each note-and on whether you can trust your advisor when he
says he understands them.”
Jacob Zamansky, a New York-based
lawyer who also represents individual investors, also has this warning:
"While some deals work the way they are designed, other
structured notes have caused thousands of investors harm, all the while drawing
the scrutiny of securities fraud attorneys. UBS (NYSE:UBS) and other brokerages
sold structured notes in 2008, and many of those deals were issued by the now
defunct Lehman Brothers. After Lehman filed for bankruptcy, the structured
notes were worthless. The spate of lawsuits by customers and regulatory actions
that followed underscored the complex and opaque nature of these critters and
how investors were misled by their advisors.
Should the structured note sales boom continue, it is
essential that brokers and investment banks make full and clear risk disclosure
to investors. We are not predicting a Lehman-like collapse that would create
panic and havoc in the broad market and also wipe out a swath of structured
note holders, however, each deal is complex and laden with risk. Stay away if
you don’t understand the devastating losses structured notes could create in
your retirement savings.”
In short, structured notes are complex investments. Brokers
selling them may not fully understand how they will perform under adverse
market conditions, so avoid them.
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