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Scott Rothstein files


Here's what I filed yesterday on Scott Rothstein, the lawyer at the center of the collapse of a Fort Lauderdale law firm. The allegation by his partners is that he was selling investments, using the firm's offices and name to promote the deals. The circular I saw for the investments offered impossibly high returns. The offering mentioned hundreds of such settlements, but I have seen the terms of only a few deals. Today's Wall Street Journal mentions 26 trust accounts that held an eye-popping sum of mone. "Mr. (Stuart) Rosenfeldt (A partner at the law firm with Rothstein) said he learned that on Oct. 23 the accounts contained about $500 million, but that the money was gone by Oct. 30," the Journal said.

Investing with Scott Rothstein

Circulating around South Florida in recent months were “confidential” offerings to investors about extremely high-paying but largely unregulated investments.

One from April involved a $1.8 million legal settlement. Another from August promised to pay investors a 36 percent return on their investment – which is much more than troubled stock and bond markets have returned recently.

“Every time I heard about them I just said, no way,” said Mark F. Raymond, managing partner of Broad and Cassel in Miami who says he convinced at least one client not to invest. “It amazes me in light of Madoff and Stanford that people even put their fingerprints on them.”

The investment offering connected to Rothstein was written in a way that makes it clear it was to be kept quiet.

The August circular says the investment strategy is to buy into a settlement that occurs before a trial begins, “in a manner that does not qualify as a structured settlement, therefore not being subject to court approval.”

A structured settlement typically is something a court approves in a legal case in which an injured person wins a large sum of money. The person or company that lost the lawsuit hands over the money to an insurance company to purchase an annuity contract. The annuity then pays the injured person for the rest of his life.

They are commonly used in large legal settlements. “In the ones for millions of dollars we always try to convince the client that they need to structure a good portion of it. Otherwise, statistically, the money’s gone,” said Adam Doner, a personal injury attorney in Palm Beach Gardens.

If the person doesn’t want to wait for his payout, he has the right to sell his settlement, but the terms of the transfer must be approved by a court, under Florida law.

The settlements and the brokers that buy and sell them don’t appear to be regulated by the Florida Office of Financial Regulation, said spokeswoman Holly Hinson after an initial review. But the deals might fall under state or federal securities regulation if it were determined that what was being sold qualified as a security, she said.


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Comments

Ya know - these are the same people who came down hard on the "little people" who got involved in the real estate boom. You have major credentials involved, highly educated -but, bottom line - just like the little people, they have one thing in common - greed.


Is there ever a time when a structured settlement would be a good investment?


Hey Nick. I'm working on the answer. I can't see how it could be smart. Buying an unregistered security. Getting a great return on whose promise to pay you that return? I don't get why people have to find back-door ways to invest.


Even structured investments go bad when the party paying goes belly up. Such a bad idea. Similar to the real estate mess. That was structured investments which is nothing more than selling off debt at a discount. It should be illegal since congress can't regulate it properly. I'm sure all those other countries that are stuck with our debt that will never be paid back would agree. Or maybe our government will find another way to make it up to them. Oh let's see maybe with vaccines or cash for clunkers.


I suspect Rothstein’s scams were a result of: (1) Alex Sink intentionally paying a blind-eye over his illegal dealings in unregistered securities and worthless bonds: (2) Florida Bar Grievance officials' refusal to monitor his mega$ trust account dealings (predictably, Rothstein sat on the Florida Bar’s 17th Judicial Circuit Grievance Committee). In a nutshell, attorney Regulation/admissions should immediately be transferred to the Florida Department of Professional Regulation, NOT THE FLORIDA BAR.


David, why are you calling for an end to lawyer regulation?

Why do you file so many frivolous lawsuits?

Same answer? Miss me?


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About the author
You've got the job of managing your money. No one in school taught you how. But you and I, we can teach each other, how to handle it, how to save for retirement, how to make money last, how to educate the kids, how to make a budget work. The conversations I have with my readers are fun. Money's important, but discussing it does not have to be boring.

Harriet Johnson Brackey Harriet Johnson Brackey, the personal finance columnist for the Sun Sentinel, is an award-winning business reporter. Her columns for 2008 were named "The Best in the Business," a national award chosen by her colleagues at the Society of American Business Editors and Writers.

Brackey has worked at Business Week magazine and at USA TODAY, where she was a founder and part of the original staff of the Money section at the country's first national newspaper. After nearly 11 years there - spent covering the 1980s bull market, the insider trading scandals, the 1987 crash - Brackey left Washington, D.C., and came to The Miami Herald. She spent the next decade writing a column about personal finance that chronicled the stock market's Internet boom and bust, as well as the popular Money Makeover features.

Brackey also has done commentaries for Marketplace Money, which airs on National Public Radio and The Nightly Business Report which is broadcast on more than 250 PBS television stations nationwide. She also has been a radio guest on WLRN’s Miami Herald News.
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