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GAO-01-654R 1 (2001-04-27)

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  SGAO

       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

         April 27, 2001

         The Honorable John D. Dingell
         Ranking Minority Member
         Committee on Energy and Commerce
         House of Representatives

         The Honorable Edward J. Markey
         House of Representatives

         Subject: Evaluation of Steps Taken to Address the Problem of Unpaid Arbitration
                 A wards

         Our June 2000 report, Securities Arbitration: Actions Needed to Address the Problem
         of UnpaidA wards,' revealed that a significant proportion of awards against brokers
         had not been paid to investors. Most of the unpaid awards were owed by brokers that
         had left the securities industry. The Securities and Exchange Commission (SEC) and
         securities self-regulatory organizations (SRO) have taken substantial actions to
         implement recommendations we made to address this problem.

         This letter responds to your January 17, 2001, request that we review the status of
         certain issues addressed in our June 2000 report. Our objectives were to (1) evaluate
         steps that SEC and the SROs have taken in response to recommendations in our
         report, (2) provide any updated information on the arbitration award payment rate
         since our last report, and (3) to comment on proposed solutions to the unpaid award
         problem made in correspondence to you by William S. Shepherd, a Texas securities
         attorney.

         Results in Brief

         SEC and the National Association of Securities Dealers-Dispute Resolution, Inc?
         (NASD-DR) have taken several positive steps in response to our report
         recommendations that could help reduce unpaid awards. For example, NASD-DR has
         begun monitoring the payment of awards by NASD member broker-dealer firms and
         individual brokers and now asks investors that have won arbitration awards to
         inform it when awards are not paid. NASD-DR also has developed procedures to help
         investors seek alternatives to arbitration when their broker-dealers have failed. For

         'Securities Arbitration: Actions Needed to Address the Problem of UnpaidA wards (GAO/GGD-O0-1 15,
         June 15, 2000).
         'In July 2000, NASD-DR became operational as a subsidiary of the National Association of Securities
         Dealers (NASD). NASD-DR administers NASD arbitration, mediation, and other alternative dispute
         resolution services.


GAO-01-654R Unpaid Arbitration Awards

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