Sonn & Erez Representing Investors Advised by Brookstreet Securities, Clifford Popper, and Barry Kornfeld
June 25, 2007
Sonn & Erez has been retained to represent investors who lost money with Brookstreet Securities, including those who were advised by brokers Clifford Popper and Barry Kornfeld. It appears that Clifford Popper and Barry Kornfeld were advising their clients to purchase Collateralized Mortgage Obligations, some on margin, which accounts have now lost a great deal of money when National Financial Services decided to reprice the CMO’s. Fidelity Investments' National Financial unit, which acts as Brookstreet's clearing firm, marked down the values of all of Brookstreet's collateralized mortgage obligations, Brookstreet said. CMOs are securities of repackaged loans that are divided and sold to investors. "Many of those [CMO] accounts were on margin and have suffered horrendous markdowns and unrealized as well as realized losses," according to an email sent out by Brookstreet said. The full text of Brookstreet’s internal e-mail to its employees is as follows:
"Disaster, the firm may be forced to close..."Today, the pricing system used by National Financial has reduced values in all Collateralized Mortgage Obligations. Many of those accounts were on margin and have suffered horrendous markdowns and unrealized as well as realized losses. "National Financial and the regulators expect Brookstreet to pay for realized liquidated losses and take a capital charge for unrealized mark to market losses. This firm has done a valiant if not Herculean job of managing the liquidations and capital charges to the firm's net worth and net capital. We had reduced the margin balance significantly; we had liquidated and reduced exposure by 80%.” "That still left a $70,000,000 margin balance against around 85,000,000 of value. Unfortunately the pricing service used by NF revalued many CMO positions downward last night. We went from a positive net capital of 2.4 million, down from 11 million at the end of May, a negative net capital of 2.1 million. It would take a capital infusion of at least $5,000,000 to keep the company in compliance with no guarantee that additional markdowns will not be forth coming.” "I cannot in good conscience request that anyone put money in the firm, I think $10,000,000 could be a minimum without consideration of the horrific customer complaints to follow.”"I have told many of you that you are always in danger of not being paid on your last check when working for any broker dealer, which is why I have always paid twice per week and maintained huge net cash positions, generally in the realm of 15,000,000 on average. I will try to get enough money from our account at NFS to complete our upcoming payrolls.” "Since I have been writing this letter I have received three hurried inquiries about re capitalizing the company. I will negotiate an arrangement that guarantees that everyone gets paid, to the best of my abilities. Please stay at Brookstreet at least until Friday so I may do my best for each of you. Unfortunately we are on 'SELL ONLY.” "I believe I will be able to reconstitute another opportunity for everyone that will result is a minimum of change and disruption. There will be disruption. Please give a day or so for us to come up with the best strategy. This has happened to us in one day, amazing. All of our family net worth is in the firm, please give me time to present a new plan."
Brookstreet operates through independent contractor brokers nationwide and last year generated approximately $70 million in gross revenue. The firm was founded by Stanley Brooks who, with family members, reportedly owns 75%-100% of the firm.
The law firm of Sonn & Erez represents investors nationwide in claims against investment firms. We have represented investors in claims against Brookstreet Securities and have a number of new clients who recently lost in their accounts at that firm. To learn more whether we can assist you or inquire about us, contact us to arrange a free confidential consultation with one of our attorneys. 1-866-372-8311. (1-866- FRAUD 11).
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