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Elayne Boosler

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Occupy Wall Street -- and What Charles Schwab Owes Kittens and Puppies

Posted: 10/20/11 03:06 PM ET

I have no complaints about losing money I put in high-risk investments. I did some of that when I had real money; my informed choice, my measured gamble. I'm with you when it comes to not being sorry when greedy investors bet wrong, hoping to prosper from others' misfortunes. But what about when we choose a virtually safe money market fund, for money we know we must save, and that fund is misappropriated by the very people charged to keep our futures safe?

My husband and I put many thousands of dollars into a Charles Schwab "safe" money market fund at a low interest rate. A rate low enough to be sure no high-risk chicanery would ensue, and just enough to make it worth taking out of the mattress. Though no fund is ever completely "safe", funds like this are by law not allowed to gamble with your money in high-risk investments. Yet Schwab did just that. Schwab took the money entrusted to it by people willing to accept very little, to protect their savings, and used it to buy high-risk junk mortgages to enrich itself on the back end. We weren't greedy. Charles Schwab was. One can only imagine where they invested their actual high-risk funds: Unicorn futures? Moon condos? Chicago Cubs World Series Bonds? Mets pitchers?

I run a nationwide, non-profit animal rescue and advocacy organization called Tails of Joy. I have been a rescuer for sixteen years. In this economy, there are fewer donations than ever, and more need than ever as people cannot afford to keep their pets. I have always put my own money into Tails of Joy. For years, every time a dog walked by my husband would say, "There goes our beach house". The well is pretty dry right now. I totally, totally resent the fact that the SEC (is the rest of its name "RET"?) let Charles Schwab plead out to a deal that repaid innocent money market investors about ten cents on the dollar.

Why is that okay? I'm the one who made that money by my own sweat. I'm the one who had to keep a package of Swiss cheese in the snow outside my motel in Macomb Michigan so I'd have something to eat in the middle of nowhere after three shows on a Saturday night. I'm the one who ran like hell to make plane connections in the middle of the night for cheap flights to almost unreachable cities. I never minded flying cheap. I always said to myself, "Taking this flight saves enough money to rescue four dogs, or six cats, or will let me make a difference to the one woman saving chimps in Cameroon". (Did you know chimps are almost extinct due to being hunted for Bush meat? This is what happens in bad economies.)

I love being down at Occupy Wall Street. The sincerity, the youth involvement, the desire for better, is palpable and moving. There is true caring, sharing, and refreshingly naïve hope. Every well-dressed, well to do person commiserated over my Charles Schwab report before moving on. Only the raggedy campers there, with almost nothing, tried to donate to Tails of Joy on the spot.

Here is what is needed for Occupy Wall Street to become a force for change: a clear, and clearly expressed, objective. Or two. In my opinion, the sentiments are correct. It's time to direct a clear course of action. Start with some concise and achievable ideas, get your message simplified, let the good speakers trumpet the message, and you'll have, if not a vaccine, at least an antidote to the Tea Party, which did all that and got somewhere. I'll start:

Accountability and Regulation.

Basically, many banks (including the investment firm of Charles Schwab) essentially robbed the entire contents of our homes: dishes, furniture, electronics, family photos, your grandmother's apron, everything. When caught by the police (the SEC), the thieves were asked to return only a toaster. Ironically, banks used to give us toasters when we opened an account. Now, they give us toasters instead of returning our savings. This is wrong.

All rescuers on nationwide email "rescue tree" lists get about 200 emails a day requesting assistance for specific animals either destined to die in city pounds that day, or needing medical care that their owners can't afford, or needing rescue from puppy mills, fighting rings, sociopaths, abandonment, highways, hoarders, etc. etc. Dogs die tied to trees in snow 24/7 because it's legal in some states. Cats are thrown off roofs. Nothing in rescue shocks any of us any more. Everything in rescue requires money. I have always done as much as possible, something, anything, every single day. Right now, I can do nothing. The joke in all this is, the Charles Schwab company ran a contest a few weeks ago, "Win Ten Thousand Dollars For Your Charity".

I cannot even watch post-season baseball, my passion, because of the endless Charles Schwab commercials during the games, touting their own customer service. I bet those commercials cost a bundle. (By the way, Schwab investment counselors endlessly tried to talk us out of holding onto the gold stocks we independently bought, and instead repeatedly tried to get us to buy into funds they could commission. If we had listened and sold our gold holdings, I'd be writing this piece from the YWCA with a pencil, on a Twinkie wrapper.)

Talk to Chuck? Okay. Hey, Chuck. You did wrong, and you have done hardly enough to make it right, despite your feel-good baseball commercials, and the endless exclamation points at the end of everything your workers Tweet. Here's an idea, let's help some more non-profits. Start with the ones you yourself gutted. Make Tails of Joy whole by simply donating the money you illegally lost for its two officers. We'll give you a tax donation write-off receipt, and we'll name a whole lotta rescued dogs and cats Chuck. You can't buy that kind of advertising.

 

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03:55 PM on 10/23/2011
Truly excellent piece, Elayne B. I am much more informed about the Wall Street malfeasance than I was before I read it. And it (of course) was funny, which isn't easy to do on such a depressing topic.
12:59 PM on 10/21/2011
Elayne, I'm really sorry to hear about your loss. I'm going to make a donation to your mission to save our four legged friends. However, I'm curious how you only got back 10% of your money. It looks like the fund you lost money in never when below about 4.85. You should have got back about 50% of your money. http://www.google.com/finance?q=MUTF:SWYSX
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
04:05 PM on 10/21/2011
Schwab illegally lost over eleven Billion of investors' money, and paid back $118.9 Million. That's how you get less than ten cents on the dollar. Here is the settlement: http://www.foxbusiness.com/markets/2011/01/11/schwab-pay-m-sec-settlement/

"Charles Schwab Corp. (NYSE:SCHW) has agreed to pay $118.9 million in fines as part of a settlement with the U.S. Securities and Exchange Commission regarding allegations that it made “misleading statements”, in marketing its relatively safe bond mutual fund by failing to disclose the fund’s exposure to mortgages. Schwab marketed the fund as a cash alternative with only slightly more risk than a money market fund even though, at one point, half of the fund’s assets were invested in private-issuer, mortgage-backed and other securities with maturities and credit quality that were significantly different than investments made by money market funds.

Schwab’s settlement does not admit or deny the SEC’s charges.

The SEC has also filed suit against two Schwab executives, Kimon Daifotis and Randall Merk, charging them with violations of securities fraud laws in the way they marketed, sold and managed the Schwab YieldPlus fund."

So, the SEC let them pay almost nothing back, and accept no responsibility. The SEC declared victory and got out.
05:21 PM on 10/21/2011
Uh, not to quibble with your math, but $118.9M / $11B = 1.1%, not 10%. I think what you are describing is the fine that the SEC levied on Schwab, not how much investors recovered on their investment As I said investors should have only lost about 50%. Not to excuse Daifotis or Merk, but you should go back and double check your numbers before you publish a story like this.
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Harlemnite
Was it over when the Germans bombed Pearl Harbor?
10:41 AM on 10/27/2011
Elayne really sorry to hear about what Schwab did to you and your husband and others. I'm a huge fan of yours and I will make a donation to Tails of Joy.
10:48 AM on 10/21/2011
I feel for Elayne, but the lesson here: know the truth, read the fine print. Unless offered by an actual bank and indicated as protected deposits, money market funds are investments that are not FDIC insured. Once you know that, you can stop listening to the suit-wearing chatterbox who is trying to pump you up on how great they are, then get a prospectus, performance history, and their written policy on stopping loss (i.e. at what point do they freeze trading to protect value). Above all, make sure your brain understands: investments are risk, subject to loss.
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
12:54 PM on 10/21/2011
Thanks for all that good sense. But the truth here is, what you know does not matter at all once they break the law.
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Vicki Abelson
Creator & Host of Vicki Abelson's Women Who Write
12:13 AM on 10/21/2011
You are a goddess and hero. Thanks for all you do for the puppies, and kitties and people with brains and without, for your good sense.
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Carl Caroli
I just don't understand people
11:29 PM on 10/20/2011
You have a soul and a conscience, Schwab, despite their warm and fuzzy TV ads, does not. Nor do any other bankers or money handlers. They're not in it to save lives. The only ones they help are themselves.
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
12:55 PM on 10/21/2011
We could use an SEC that actually works to keep the system honest.
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Tallulah Morehead
Award-Eligible Film Legend
08:21 PM on 10/20/2011
Now Elayne, Herman Caine has clearly explained that homeless, stray, and abused animals are at fault for their own plights. In America, every doggie and kitty can make themselves rich if they'd just get off their lazy haunches and get a friggin' job. You don't see Rin Tin Tin or Lassie begging for handouts, except during dinner. My doggie Baskerville only works part-time as my burglar alarm, and my kitties are total parasites, who sleep, poop, and demand food. What do they do to earn their food? The sleep curled up next to me and purr.

Get a job, deadbeat animals! Listen to Herman Cain! Pull yourselves up by your own pawstraps. And blame Obama!
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
12:57 PM on 10/21/2011
LOL! My bad. You realize my dilemma with Cain? I cannot hate a man who makes PIZZA!
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Tallulah Morehead
Award-Eligible Film Legend
11:56 PM on 10/22/2011
Have you had one of his pizzas? I can hate a man who makes lousy pizza.
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Ken Volok
07:33 PM on 10/20/2011
Didn't Schwab get any bailout money? How come that didn't go towards the money markets. Run these people outta town, and outta business like they've done to so many innocent people and organizations.
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
12:58 PM on 10/21/2011
That's the job of the SEC, which does not do its job. Let's get a real regulatory agency in place. Let's make that one of the #OWS goals.
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rockyrococoAZ
ArizonaEagletarian (dot) com
04:28 PM on 10/22/2011
Regulatory capture is not limited to Wall Street/financial industry. Regulatory capture is the executive branch equivalent of buying a Congressman. Long live #OWS!
07:02 PM on 10/20/2011
Thank you for this great article Elayne. It puts Occupy Wall Street in a very understandable and personal light. It is also very personal for me as I have also lost money due to Charles Schwab. Money I could have used for my daughters education and my 501c3 nonprofit foundation. I invest in something considered very safe and now I think I would have been safer investing in unicorn sightings and that pot of gold at the end of the rainbow!
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
12:59 PM on 10/21/2011
So sorry for your loss Trish. Argh!
06:21 PM on 10/20/2011
Elayne Boosler reports major rip off by Charles Schwab but ALL investors should take notice of this SEC sanctioned bait-and-switch!
06:08 PM on 10/20/2011
It renders me speechless how the reckless gamblers who wrecked our economy have walked away without penalty.
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
01:00 PM on 10/21/2011
#OWS should be partly about demanding enforcement and prosecutions.
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mremanne
Accessing my inner OldCoot
06:07 PM on 10/20/2011
It'll be hard to see any real change in business practice until all sides acknowledge and apply a word NObody wants to use; Corruption. Until what passes for standard business practice is labeled for what it is, and people make it stick, it's going to be "business-as-usual". Elayne has a better shot than most at getting her story out, because she knows the media and they know her, but it won't be easy. Some people used to be afraid of something they called "creeping socialism". Now our problem is creeping corporationism. Corporations full of creeps.
06:06 PM on 10/20/2011
Keep occupying them Elayne! Federal prosecutors routinely dive the wrist slap action to all the "Big People." The US Attorney's routinely plead out Big Pharma cases, which are first charged as Felonies, down to misdemeanors, allowing the businesses to survive, in order to protect investors, i.e. BIG FUNDS, like Schwab and others. The US Attorneys are supposed to Enforce the Law. Occupy Baby, occupy!! And when I get my SAG Initiation paid off, I'll be helping those wee fuzzies your help, and more!
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Elayne Boosler
Writer, comedian, founder Tails of Joy.
01:01 PM on 10/21/2011
Aw, you're too kind. Just help keep demanding reform and justice in the spotlight and that's quite a contribution.
05:59 PM on 10/20/2011
Thank you, Elayne, for telling it like it is!
05:39 PM on 10/20/2011
This is a wonderful article Elayne. I love you! As rescuers we try to explain how hard it is right now ... this shows how come. As rescuers we are also individuals putting in our own hard earned or inherited money to care for rescues. I would of had no problem making the choice to spend some of my own retirement money to help out some rescues. BUT, to of had my money "stolen" from me ... because I trusted / entrusted where and with whom my money was......Argh!!!!!! [insert many foul words here] !!!! Friends & family don't understand. They think I spent it all buying things for me. I'm tired of trying to explain and so I just let them think whatever they want. What I lost is small in comparison to others. But six figures is six figures no matter what that amount is. I now am one of those writing on the Twinkie paper. Meanwhile, there are these cute little rescues who love me unconditionally and I love them back. And we reach out to the public in the hopes that they will donate to help. Bless you, my friend, and thank you!
05:18 PM on 10/20/2011
How many others got effed over by Chuck, & the SEC?
Isn't there any way to stop the madness?
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rockyrococoAZ
ArizonaEagletarian (dot) com
04:31 PM on 10/22/2011
Get involved and Occupy Wall Street in your home town or somewhere in your state.