Irving H. Picard v. Saul B. Katz et al

Filing 23

DECLARATION of DANA M. SESHENS in Support re: 20 MOTION to Dismiss THE AMENDED COMPLAINT OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT.. Document filed by Charles 15 Associates, Charles 15 LLC, Charles Sterling LLC, Charles Sterling Sub LLC, College Place Enterprises LLC, Coney Island Baseball Holding Company LLC, Estate of Leonard Schreier, FFB Aviation LLC, FS Company LLC, Fred Wilpon Family Trust, Arthur Friedman, Ruth Friedman, Iris J. Katz and Saul B. Katz Family Foundation, Inc., Judy and Fred Wilpon Family Foundation, Inc., Amy Beth Katz, David Katz, Dayle Katz, Gregory Katz, Howard Katz, Iris Katz, 157 J.E.S. LLC, Air Sterling LLC, BAS Aircraft LLC, Jason Bacher, Bon Mick Family Partners LP, Bon-Mick, Inc., Brooklyn Baseball Company LLC, C.D.S. Corp., Michael Katz, Saul B. Katz, Todd Katz, Katz 2002 Descendants' Trust, Heather Katz Knopf, Natalie Katz O'Brien, Mets II LLC, Mets Limited Partnership, Mets One LLC, Mets Partners, Inc., Minor 1 (REDACTED), Minor 2 (REDACTED), L. Thomas Osterman, Phyllis Rebell Osterman, Realty Associates Madoff II, Red Valley Partners, Robbinsville Park LLC, Ruskin Garden Apartments LLC, Saul B. Katz Family Trust, Michael Schreier, Deyva Schreier Arthur, See Holdco LLC, See Holdings I, See Holdings II, Sterling 10 LLC, Sterling 15C LLC, Sterling 20 LLC, Sterling Acquisitions LLC, Sterling American Advisors II LP, Sterling American Property III LP, Sterling American Property IV LP, Sterling American Property V LP, Sterling Brunswick Corporation, Sterling Brunswick Seven LLC, Sterling Dist Properties LLC, Sterling Equities, Sterling Equities Associates, Sterling Equities Investors, Sterling Heritage LLC, Sterling Internal V LLC, Sterling Jet II Ltd., Sterling Jet Ltd., Sterling Mets Associates, Sterling Mets Associates II, Sterling Mets LP, Sterling Pathogenesis Company, Sterling Third Associates, Sterling Thirty Venture LLC, Sterling Tracing LLC, Sterling Twenty Five LLC, Sterling VC IV LLC, Sterling VC V LLC, Edward M. Tepper, Elise C. Tepper, Jacqueline G. Tepper, Marvin B. Tepper, Valley Harbor Associates, Kimberly Wachtler, Philip Wachtler, Bruce N. Wilpon, Daniel Wilpon, Debra Wilpon, Fred Wilpon, Jeffrey Wilpon, Jessica Wilpon, Judith Wilpon, Richard Wilpon, Scott Wilpon, Valerie Wilpon, Wilpon 2002 Descendants' Trust, Robin Wilpon Wachtler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Wagner, Karen)

EXHIBIT R

Understanding
Your Brokerage
Account Statements

INTRODUCTION
How am I doing financially?
The best way to track your brokerage account activity and performance
is to carefully review your monthly/quarterly statements.
This document provides a detailed “snapshot” of the value of, and the
transactions that have occurred in, your account during the statement
period. They are mailed quarterly or monthly, and many firms provide
this information online, too.
Once you can interpret the information your statement provides,
you will find that checking your statement regularly is a convenient,
informative way to track your investments’ performance. And, you
will have greater confidence when speaking with your financial
professional about whether you are on course to meet your
investment goals.
What can my statement tell me?
Your brokerage account statement “keeps score” of your investments
and reports all transactions during the statement period. For example,
you can confirm how many shares of stock or mutual funds are held
in your account. You will also see a summary of the income produced
by each security, including dividends, interest, and capital gain
distributions. Your account statement will also tell you the market
value of securities you own – at the beginning and end of the period
covered – so you can decide whether to buy more, sell, or simply
hold your position.
With the help of your financial professional, checking your account
statement regularly should become as routine as balancing your
checkbook.
It’s easy to read
Although it may seem complicated at first glance, the typical account
statement is straightforward. In this guided tour, you will learn
step-by-step what information is provided in most statements, and
how to make that information a powerful tool in understanding
and managing your investment activity.
Understanding Your Brokerage Account Statements 1

A checklist follows to help you understand each section of a statement,
next, a list of frequently asked questions. The final stop: a glossary of
investment terms.

WHAT BROKERAGE ACCOUNT STATEMENTS HAVE IN COMMON
➣ Account Information

Here you will find basic information, such as the names of the account
owners, the time period covered, and the account number. This section
also provides you with useful contact information so that you can
re p o rt to your financial professional any changes in account ownership
or other updates. Although industry standards require firms to issue
account statements quarterly, some provide you with statements more
frequently, and post the information online (in a confidential passwordprotected location).
➣ Statement Account/Summary

This section shows you how your investments are doing as of the
statement date by displaying your unrealized and realized (if you have
made any sales and kept the proceeds in your account) gains and/or
losses. This section summarizes the total value of your stocks, bonds,
mutual funds, other investments, and any cash.
➣ Portfolio Detail

This section identifies individual assets in your account so that you
can determine whether the holdings listed are accurate. Also, it shows
the value of your investments at the end of the statement period,
estimated income and yield, and other information, such as bond
insurance ratings and stock symbols. In addition, this section’s display
of unrealized gains and losses may prove useful for investment
planning purposes. This information gives you the opportunity to
d e t e rmine whether you should change your strategy. For example,
do you need to further diversify your stock holdings because you are
invested too heavily in one business sector? By reviewing your investments and then talking with your financial professional about your
objectives, you can become an active partner in achieving your goals.
➣ Income Summary

This section allows you to see the income and dividends earned by
your investments for the statement period and the year-to-date.
Income earned and its source (dividends, interest, etc.) are important
elements in investment planning and in evaluating investment
performance.
2 Understanding Your Brokerage Account Statements

➣ Daily Activity

Here you will find detailed information on all account activity during
your statement period. You can verify that all securities transactions
during the statement period are reflected on your statement. If you have
a discre t i o n a ryaccount (which means that your financial professional
can execute transactions without first notifying you of each trade), be
sure that the trades reflected on your statement are consistent with the
trade confirmations you have received, and fit your investment objectives.
If you see any inaccuracies, report them promptly to your firm.
➣ Disclosures

These legal and administrative explanations may include fee information,
penalty warnings, and a description of some symbols used. You may
also find important facts about your statement here or in a separate
“messages” section. Other times, important materials may be found
in documents included with your account statement, such as newsletters or bro c h u res. It is important that you read and understand this
i n f o rmation to best protect your interests.

CHECKLIST:
1. Verify the activity in your account:
• Identify the time period covered by the statement;
• Find your beginning and ending balances;
• Verify withdrawals and additions to your account;
• Identify dividends and interest received in your account and
understand the source (i.e., the specific security investment)
of that income; and
• Verify all transactions against trade confirmations.
2. Confirm basic account data and compare it to previous
statements:
• Check account numbers;
• Verify that any address changes are reflected accurately; and
• Compare the beginning balance of your current statement
with the ending balance of the previous statement.
3. Look for a summary of your holdings:
• Identify security descriptions, dollar value, the quantity of
shares of each investment, and maturity dates, if applicable; and
• Make sure that the calculated portfolio percentages agree
with your diversification and asset allocation objectives.
Understanding Your Brokerage Account Statements 3

4. Be sure that you understand performance data:
• Review your portfolio’s gains and losses;
• Determine which securities gained or lost value;
• Assess whether the net value reflects an increase or decrease; and
• Review whether portfolio gains and losses represent
investment opportunities.
5. If the account has multiple owners, make sure that all account
owners have the opportunity to review the statement.
6. Review the margin activity and interest charges, if applicable.
7. Call and ask questions if you are confused or if your investment
situation has changed as to goals, risk tolerances, or time frame.
8. Report any discrepancies promptly. It is extremely important to
address any discrepancy quickly after you receive your account
statement. Call your financial professional. If he or she is
not available, ask for the branch manager. Put your report of
the discrepancy in writing, send it to the firm, and keep a copy
for yourself.

FREQUENTLY ASKED QUESTIONS (FA Q s )
1. Why do I receive an account statement in some months,
and not others? At least quarterly, all firms must send out statements that reflect activity in the account. Additionally, if your
account is active, you may receive monthly statements. Some
firms also post this information online, which you can access after
registering and receiving a password.
2. What do I do if I don’t agree with something on my
account statement? Reviewing your account statements is an
integral part of being a good investor. You need to verify that your
investment instructions have been carried out properly. Mistakes
do not occur very often, but checking your statement is the best
way to spot one quickly. When you find something that you don’t
agree with or don’t understand, call your financial professional or
the firm’s branch office manager immediately.
3. If my financial professional is unavailable, where do I
go? If your financial professional is not available in a timely manner, or if you want to speak to someone of higher rank, ask to
speak with the branch manager. It is part of a branch manager’s
job to provide oversight of all his or her re p resentatives and the
business that occurs in the branch office.
4 Understanding Your Brokerage Account Statements

4. Is the information on my account statement sold to any
other firms? Under the privacy provisions of the Gramm-Leach-Bliley
A c t, investors’ personal financial information is protected. Certain
account information may be distributed to third parties, but only if you
do not object. No later than July 2001, investment firms notified their
customers of the firms’ policy on disclosure of personal financial information. By law, it is up to you to respond to this notice and advise the
firm if you do not want your information shared with third parties.
5. Are my investments insured? The Securities Investor Protection
Corporation (SIPC) is a nonprofit, membership corporation, funded
by its member securities brokerage firms. Although it was created by
Congress in the Securities Investor Protection Act of 1970, SIPC is neither
a government agency nor a regulatory authority. It is not the securities
world’s equivalent of the Federal Deposit Insurance Corporation
(FDIC), which insures bank deposits. SIPC’s reserve funds are
available to satisfy customer claims up to a maximum of $500,000,
including up to $100,000 on claims for cash in the event your brokerage firm fails. Some firms will obtain additional coverage for your
account through private insurance companies; this additional coverage
is designed to protect your securities in excess of the insured limits.
Neither SIPC protection nor additional coverage will safeguard you
from a decline in the market value of your securities. In the unlikely
event your brokerage firm fails, you will need to prove that cash
and/or securities are owed to you. This is easily done with a copy of
your most recent statement and transaction records of the items
bought or sold after the statement. In case a transaction you did not
authorize took place in your account, you will need to provide a copy
of your timely written objection to that trade.
6. Are the “security prices” or “market prices” that appear on
my account statement accurate? The prices on account statements
come from a variety of sources, and are believed to be reliable
(although most firms do not guarantee their accuracy). Securities prices
that appear on your statement are intended to be re p resentative only.
For securities listed on a stock exchange, the price on your account
statement will be the closing price on the date of settlement. Prices of
fixed-income securities may be based on recent transactions or derived
from computerized formulas that calculate prices based on institutional
“round lot” quantities. There f o re, the prices for smaller quantities of
securities may be diff e rent. Some inactively traded stocks may not be
priced, and may be reflected as “N/A” on the account statement.
7. What is the diff e rence between “capital gains” and “capital
gains distributions”? A “capital gain” is profit derived between a securiUnderstanding Your Brokerage Account Statements 5

ty’s adjusted cost basis and the price at which it is sold. An example of a
“capital gain distribution” is a mutual fund’s distribution to shareholders
of the profits derived from the sale of the fund’s underlying securities.
8. Where do I find the commissions that were paid for the
purchase or sale of a security on my statement? This information
does not appear on most account statements, but will appear on the
separate securities transaction confirmation sent to you after the purchase
or sale of a security. You should retain this information for your file.
9. What if I have an annual fee-based compensation
arrangement for my brokerage account rather than paying a
commission on each securities transaction? In that circumstance
the annual fee, or portion of the annual fee (if it is calculated on a
monthly or quarterly basis) will appear on your statement.
10. What is all the fine print on the back of the statement
about? The back of your statement informs you of the firm’s policies
and procedures, and defines many terms mentioned in the statement.
It also contains contact information if you have questions.
11. Can I have duplicate copies of my statement sent to others?
Many firms, on their new account application form, will ask if you
want duplicate statements sent to a third party. If you elect to do so
they will continue to send these statements automatically. It’s your
responsibility to notify your financial professional of any subsequent
changes.
12. Can I have a copy of my year-end tax information sent
directly to my tax preparer? Most firms do not have the capability
of sending just one selected statement to your tax professional.
13. Why is the date on my statement not always the end of the
month? Most, though not all, firms end their statement period on
the last business day of the month. Some firms, however, end their
statement period on the last Friday of the month. Be sure to ask your
financial professional how your firm handles it.

G L O S S A RY
Asset Allocation
An investment strategy that divides assets among major asset categories
such as stocks, bonds, or cash, usually balancing risk and creating
diversification.
6 Understanding Your Brokerage Account Statements

Accrued Interest
The estimated amount of interest that would be received upon a sale. In
most cases, it is calculated from the date of the last coupon payment up
through the closing date of the account statement.
Bond
A bond is considered a debt instrument – you are lending money to an
entity (company or government) that needs funds for a defined period of
time at a specified interest rate. In exchange for your money, the entity
will issue you a note that states the interest rate to be paid and when your
borrowed funds are to be returned (maturity date). Interest on bonds is
usually paid every six months (semi-annually).
Cash Equivalents
These are assets that are cash or can be converted into cash immediately
(for example, money market funds).
Confirmation
This written notice provided by a brokerage acknowledges completion of
a securities transaction. It includes details such as the date of purchase,
price, number of shares, commission, fees, and settlement term s .
Coupon
The interest rate stated on a bond when it’s issued. The coupon rate is
typically paid semi-annually. (For example, a $1,000 bond with a coupon
of 7 percent will pay you $35 every six months).
Discretion
Prior formal authorization, frequently re f e rred to as “trading authority,”
that permits a financial professional to make transactions in a client’s
account without having to first get authorization for each trade. You and
your financial professional should discuss your overall goals and risk
tolerance before you decide whether to grant this authority.
Distributions
This term often refers to a corporation’s distribution of funds (usually in
the form of dividends, interest, and capital gains) as payment of current or
past earnings to its shareholders. This term could also mean the dispersal
of assets in a brokerage account, as designated by the client (for example,
IRA distributions).
Diversification
A risk management technique that mixes a wide variety of investment
products and asset classes within a portfolio, minimizing the impact of
any one under performing security on overall portfolio performance.

Understanding Your Brokerage Account Statements 7

Equity
Another word for “stock.” It represents an ownership interest by shareholders in a corporation. In a margin account, equity is the difference
between the value of your stock and the amount of money you have borrowed in that account.
Estimated Income And Current Yield
In most cases, estimated income is the amount of dividend and/or interest
expected to be received annually. Current yield is the annual interest on a
bond divided by the market price.
Margin Debt
The difference between the collateral deposited by the client and the
amount borrowed (currently a maximum of 50 percent of the current
market value of the securities) represents margin debt. Should the stock
decrease in value, the investor must keep the proper maintenance level,
either by putting up more money or by selling marginable securities. The
use of borrowed money to purchase securities is referred to as “buying on
margin.” This strategy dramatically increases both upside potential and
downside risk.
Mutual Fund
An investment vehicle that allows investors access to a diversified portfolio of
equities, bonds, and/or other securities. A mutual fund offers investors the
advantages of diversification and professional management. Shares of openend mutual funds are issued and can be redeemed as needed. Mutual fund
shares are redeemable at net asset value by shareholders. The fund’s net asset
value (NAV) is determined each day at the markets’ close. Each shareholder
participates in the gains or losses of the fund. Each mutual fund portfolio is
invested to match the objective stated in its prospectus.
Options
A privilege sold by one party to another that offers the option holder the
right to buy (call) or sell (put) a security at an agreed-upon price during a
certain period of time or on a specific date.
Realized And Unrealized Gain/Loss
The results of securities transactions are usually categorized into either
realized gains or losses upon the sale of security. An unrealized gain or
loss is the appreciation or depreciation in the value of an unsold security
since the time it was originally acquired (informally know as “paper gains
or losses”).
Reinvestment
Using dividends, interest, and/or capital gains distributions generated
by a mutual fund investment to purchase additional shares, rather than
receiving the distributions in cash. With stocks, using dividends to purchase
additional shares instead of receiving payments in cash.
8 Understanding Your Brokerage Account Statements

Return
The gain or loss for a security over a particular time period, consisting
of income plus capital gains relative to investment, usually quoted as a
percentage. The real rate of return is the annual return realized on that
investment, adjusted for changes in the price due to inflation.
Trade Date v. Settlement Date
The trade date is the day a trade is executed. The settlement date is the
agreed upon date when payment must be made and/or securities presented.
For purchases of securities, the brokerage firm must receive payment no
later than three business days after the trade date (T+3).
Zero-Coupon Bond
A corporate or municipal debt security sold at a deep discount to its face
value that does not pay periodic interest. The profit is realized when the
bond is redeemed at maturity for its full face value.

RESOURCES
Web Site

Phone Number

Investment Company Institute
1401 H Street, NW
Washington, D.C. 20005

www.ici.org

[phone]

National Association of Securities
Dealers Regulation, Inc.
1801 K Street, NW
Washington, D.C. 20006

www.nasdr.com

[phone]

New York Stock Exchange
11 Wall Street
New York, NY 10005

www.nyse.com

[phone]

North American Securities
Administrators Association
750 First Street, NE, Suite 1140
Washington, D.C. 20002

www.nasaa.org

[phone]

Securities and Exchange
Commission
Office of Investor Education
and Assistance
450 Fifth Street, NW
Washington, D.C. 20549

www.sec.gov

[phone]

Securities Industry and
Financial Markets Association
120 Broadway, 35th Floor
New York, NY 10271-0080

www.sifma.org

[phone]

Securities Investor
Protection Corporation
805 15th Street NW Suite 800
,,
Washington, D.C. 20005

www.sipc.org

[phone]

NORTH
AMERICAN
SECURITIES
ADMINISTRATORS
ASSOCIATION, INC.

10 G Street N.E., Suite 710
Washington, D.C. 20002
202.737.0900
202.737.3571 Facsimile
[e-mail] (e-mail)
www.nasaa.org

805 15th Street, N.W. Suite 800
Washington, D.C. 20005-2215
202.371.8300
202.371-6728 Facsimile
www.sipc.org

120 Broadway - 35th Floor
New York, NY 10271
212.608.1500
212.608.1604 Facsimile
www.sifma.org