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The Final Score

Bottom Line: Madoff's a Bad Seed

 
David Asman
FOXBusiness
     
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    Last night, in the middle of a segment on the psychology of Bernie Madoff that wasn’t going well, I thought to myself, we don’t need this. It’s simple; Bernie Madoff is a dirtbag. What more do you need to know about his psychology than that? 

    No law has been or ever will be written that can outlaw crooks. You can analyze these crooks to death, even write books about them, and still end up getting ripped off by one of them, as happened to one of the Madoff victims we featured on Scoreboard the other night. We don’t need psychologists or politicians pontificating on what motivated Bernie Madoff. He’s a bad seed. And with bad seeds like Madoff, bad stuff will always happen, no matter what we try to do to prevent it. 

    What we can -- and must -- do is crack down on the crooks as hard as possible, to make other bad seeds think twice before ripping someone else off. But as for trying to get into the head of a bad seed like Madoff, I’d rather spend my time figuring out how to make an honest buck.

     

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    Street Name

    It's time to let you in on a dirty little secret: You may not own the stock you own. That's right, if you invest with a brokerage firm, the shares you bought are almost certainly not held in your name. Technically, they're held in the name of the Wall Street firm you do business with, hence the term "street name."

    No, you haven't been robbed. Ultimately, the decision to hold shares on the books under a different name doesn't affect the economic ramifications for you. You¿re listed as the "beneficial owner," even though the firm is the official owner of the shares. But, you are giving up some rights, and investors concerned about good corporate governance might want to get that stock back in their own names.

    Here's the problem: If your stock is technically owned by, say, Merrill Lynch, then Merrill Lynch gets to do things with it that might work against your wishes. Take short selling. Investors who want to sell shares short need to first borrow those shares. The lenders are often the big Wall Street firms that are handing out Street-name shares. So, if you feel that a company you own is a victim of aggressive short selling, chances are your own shares are being used to fuel the shorting.

    Also, your brokerage firm can cast ballots on some corporate matters affecting a company without getting your input. Technically, this can only happen in votes considered ¿routine¿ by securities regulators. But, there's a big catch: some big events, like board elections, are considered "routine" under law.

    The good news is that you can easily fix the Street name problem: Just request that your brokerage firm makes you the listed owner of the shares. If they refuse, find a new firm.