Category Archive: Structured Products

Apr
13
2012

Morgan Stanley Loses Pinnacle Appeal

Morgan Stanley have failed again in their bid to get their Pinnacle lawsuit case heard in Singapore.

Previously, a group of investors had sued Morgan Stanley for their role in arranging the Pinnacle notes, a product which failed during the 2008 financial crisis.

Morgan Stanley wanted the case to be heard in Singapore and had tried to appeal an earlier decision that said the case should be heard in the US.

The US Court of Appeal rejected Morgan Stanley’s appeal.

With this decision, the path is now clear for the investors to try to establish their case against Morgan Stanley.

Morgan Stanley Loses Appeal in Pinnacle Case (Business Times)

Permanent link to this article: http://www.martinlee.sg/morgan-stanley-loses-pinnacle-appeal/

Mar
22
2012

Lehman Brothers Announce Voluntary Liquidation

Three and a half years after the collapse of Lehman Brothers, the respective Boards of Lehman Brothers Pte Ltd (LBPL) and Lehman Brothers Singapore Pte Ltd (LBSPL) have informed the Monetary Authority of Singapore (MAS) that LBPL and LBSPL have been placed under voluntary liquidation.

MAS has been informed by LBPL and LBSPL that based on their respective records as at 31 January 2012, they held a net cash position of US$331,796,699 and US$39,660,340 respectively. The liquidators will deal with the assets of the entities in accordance with the relevant liquidation rules.

MAS is releasing this information in public interest and is not in any way providing legal advice to investors. Investors may choose to obtain independent advice on their next course of action, based on their own particular circumstances.

The Liquidators KPMG have provided a set of FAQs and established a hotline to answer queries on the liquidation.

Based on the answers given in the FAQ, LBSPL only acted as an Arranger for the Minibond programme and investors of the Lehman Minibonds would not be creditors of LBSPL under the relevant legal documentation.

As for LBPL, it had no role to play in the entire Minibond programme.

The contact details of the liquidator’s hotline are as follows:

Email address:  sg-fmlehmanbrothers@kpmg.com.sg; Hotline: +65 8183 8014

Permanent link to this article: http://www.martinlee.sg/lehman-brothers-announce-voluntary-liquidation/

Nov
03
2011

DBS High Notes Investors Loses Appeal

Almost one year after the initial suit filed by DBS High Notes investors was dismissed/a> by the High Court, an appeal filed by investors against the initial decision has failed as well.

213 investors had invested about S$18 million into DBS High Notes and lost everything when Lehman Brothers collapsed.

The investors have fought their case based on inconsistencies in the pricing formula, which they argued should make the contract void.

The appeal was dismissed with cost, which would be a hefty affair as DBS was represented by Davinder Singh and Una Khng from Drew & Napier LLC.

The judges added:

A person who signs a contract which is set in a language he is not familiar with or whose terms he may not understand is nonetheless bound by the terms of that contract. The principle of caveat emptor applies equally to literates and illiterates.

Be careful of what you sign in the future!

In a separate piece of news released yesterday, DBS announced a 6% increase in their 3Q profits to S$762 million.

Permanent link to this article: http://www.martinlee.sg/dbs-high-notes-investors-loses-appeal/

Nov
02
2011

Pinnacle Notes Class Action Suit to Proceed in New York

The latest news is that law firm Kirby McInerney LLP, acting on behalf of a group of Singapore investors of Pinnacle Performance Ltd series 1,2,3,5,6,7,9 and 10 notes, have succeeded in getting their case heard in New York.

The defendant will be Morgan Stanley, the creators of the product.

Morgan Stanley had wanted the case to be heard in Singapore but the US judges have decided otherwise.

This clears the first hurdle for the class action suit although it is still a long process before investors can celebrate as the onus is on the investors to prove that Morgan Stanley created the Pinnacle notes with an intent that they would fail.

If the class action suit ultimately succeeds, all affected Pinnacle Notes investors will be entitled to a compensation.

Permanent link to this article: http://www.martinlee.sg/pinnacle-notes-class-action-suit-to-proceed-in-new-york/

Sep
09
2011

Pinnacle Investors Sue in US

A group of 18 Singaporean investors have filed a lawsuit in the US alleging that Morgan Stanley & Co Inc had sold rigged Pinnacle Notes as safe and conservative products even though they were not the case. One of the investor is Singapore’s oldest credit cooperative, the Singapore Government Staff Credit Cooperative Society.

The US District Court for the Southern District of New York will decide on the 28th September 2011 whether the case can proceed in the US or whether it should be dismissed and heard in Singapore.

According to the complaint, Morgan Stanley had designed the synthetic collateralised debt obligations (CDOs) to fail as each dollar the investor lost would be a dollar of profits for them.

Morgan Stanley has argued against the allegations and referred to a Monetary Authority of Singapore (MAS) report in July 2009 discussing Pinnacle Notes that mentioned investors had been warned of this risk, and that they had ‘acknowledged these risks at the time of purchase’.

If the case is approved to be held in US, the Singaporean investors will seek class action suit which means that all the affected Pinnacle investors might stand a chance to recover some of their money. These would include investors of Pinnacle Performance Ltd series 1, 2, 3, 5, 6, 7, 9 and 10 notes.

While this new turn of developments now offers a glimmer of hope to Singaporean retail investors, some of whom lost 99% of their money, it is a pity that this has come about only because there happened to be big time investors who were willing to pursue the case all the way to the US.

Small time retail investors often have their hands tied when things go wrong.

S’pore investors sue in US over doomed Pinnacle Notes (Business Times)

Permanent link to this article: http://www.martinlee.sg/pinnacle-investors-sue-in-us/

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