Parish fallout: Brokerage sued
The collapse of Al Parish’s investment empire that rocked Charleston is now piling up against the doors of one of the world’s most trusted brokerage firms.
Two investors in Parish’s extended Ponzi scheme have sued Charles Schwab & Co., charging that the California-based firm aided Parish by letting him manage money they had deposited in its coffers. Parish allegedly instructed Richard Brown and Louis Mancuso to transfer their retirement accounts to Schwab, then proceeded to drain the accounts, according to the lawsuit filed in late November.
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Richard Harpootlian, a Columbia-based attorney who filed the suit, said Schwab facilitated and assisted Parish.
“They were lulling those people into a false sense of security,” he said. “They’ve got a duty that goes beyond just taking the money.”
Schwab, which could not be reached for comment this week, asked a federal judge to dismiss the case, saying the charges fail to show fraud. With 13,300 employees handling 7.1 million brokerage accounts, Schwab is a giant in the financial world.
U.S. District Judge David Norton will decide, at a hearing scheduled in Charleston May 15, whether the case will proceed. Norton is presiding also over the government’s case against Parish.
The plaintiffs allegedly received monthly statements from Schwab listing the falsely inflated values claimed by Parish. Brown allegedly lost $262,052 in the scheme, while Mancuso claimed a loss of $23,145.
In an affidavit, University of South Carolina law professor John Freeman wrote that Schwab’s well-known name and advertising “provided cover and a patina of respectability to Parish’s machinations.” Freeman, a former Securities and Exchange Commission attorney, further noted that “liability-deflecting paperwork” does not stand up to South Carolina’s securities laws.
Schwab handled 80 separate retirement accounts linked to Parish from at least
45 different investors, according to James Griffin, another attorney for the plaintiffs. Griffin, whose suit seeks class-action status, said the accounts originally held between $10 million and $15 million.
In asking for dismissal of the case, Schwab’s attorneys included contracts that Brown and Mancuso signed, including an “alternative investment letter” instructing it to wire money to Parish Economics LLC.
“It’s an issue,” Harpootlian said of the documents. “But you can’t waive away their responsibility to you under the (state) statute.”
The receiver rounding up Parish’s assets considered filing a similar suit against Schwab but noted that less than half of all Parish investors had accounts with the brokerage firm, said David Dantzler, an Atlanta attorney who represents the receiver.
“It seems to make sense to allow this to proceed and let those investors assert whatever claims they have,” Dantzler said. “We focused on some other folks as a higher priority.”
Most notably, the receiver forced a settlement worth up to $5.4 million with Charleston Southern University, which employed Parish from 1990 until he was charged almost a year ago.
Parish burned up about $79 million in his “investment pools,” according to a recent tally. Federal investigators said that in a best-case scenario, they will recover $16 million, part of which will pay for finding and selling Parish’s assets.
The self-titled “Economan” pleaded guilty in October to multiple charges of federal fraud. Legal experts expect Parish to receive a 15- to 20-year prison term when he is sentenced sometime in the next few weeks.