ICHAEL S.
COLOMBO is a debt collector, but not one who goes after small fry
— people who refuse to pay for their magazine subscriptions or for
credit-card charges that have gotten out of hand. Instead, he
pursues stockbrokers and investors who owe money on loans or margin
calls. And he does this through the art of firm persuasion.
Mr. Colombo, 40, is in the business of getting people to pay the
money they owe brokerage firms and investment banks. For more than
15 years, he did this work for three companies in-house, starting in
1983 at PaineWebber.
A year and a half ago, he opened his own collection shop, the
StreetWide Asset Recovery Group in Manhattan, with backing from the Firebrand
Financial Group.
Mr. Colombo goes after stockbrokers who leave their companies
still owing them money and investors who overextend themselves on
margin and can't pay up. Given the state of the economy, he is a
very busy man these days. He has contracts with 17 financial
institutions, including Berry-Shino Securities, InvestPrivate and J.
P. Turner & Company, and he oversees some 300 cases at a time.
He receives a percentage of what he recovers.
In the past, many firms either wrote off this debt as a lost
cause or assigned its collection to a lawyer, who rarely made it a
priority. Mr. Colombo, on the other hand, focuses on these
obligations like a pit bull.
"This is what I do," he said. "I know the players.
I know the system. I know the collection laws." He estimates
that in 19 years, he has recovered more than $45 million, once
recouping $1 million in one shot. His biggest single collection so
far at StreetWide has been $400,000.
Wall Street is taking notice: this year, he was profiled in
Registered Rep, a stockbrokers trade magazine.
Brokers may owe money to their former employers because of loans
they took out as new hires. Brokerage houses typically forgive these
loans in stages over several years, but if the broker leaves before
the contract is up, he owes the balance. Not all are eager to pay
up.
Mr. Colombo says brokers sometimes argue that they are off the
hook because, after all, the company didn't give them everything it
promised.
"The bottom line is — and I tell brokers this all the time
— if you had a problem with the firm you went to, God bless you if
you want to go to another one," he said. "But you don't
get to keep the money. You signed a promissory note and you promised
to pay."
If that doesn't work, the two parties go to arbitration before
the National Association of Securities Dealers. Mr. Colombo handles
that work until the actual hearing, when a lawyer has to take over.
He says that only about one-quarter of the cases go that far.
"Mike's excellent at this," said Edward Rose, director
for litigation at Investec Ernst & Company in Manhattan, one of
StreetWide's clients. "He has the approach of a collection
firm, but he has the business background. If you went to a standard
collection firm, I don't think they'd understand the nuances of how
these debts are created."
Mr. Colombo tells of a recent case in which, a month before a
broker was going to leave his midsize firm owing $80,000, he put his
house into his wife's name to shield it from any judgment. Instead
of first pursuing the broker, Mr. Colombo subpoenaed the wife. That
was enough to make her husband deal with his financial obligation,
he says.
Some targets are far from Wall Street. About a year ago, Mr.
Colombo said, one client gave him a case in Alabama involving a
customer who had run up margin debt of $17,000. When the customer
refused to pay even after losing in arbitration, Mr. Colombo hired
an Alabama lawyer to get a court judgment. The man eventually wrote
a check for the amount owed plus interest.
Sometimes, the situation is messier. Mr. Colombo recalls a case
while he was collecting in-house. A customer told his broker he
wanted to sell short 11,000 shares of eBay.
"But the market went against him and we had to buy the
position at a loss of $397,000," he said.
The client never paid up, and the fact that the trade was made in
the name of a shell company made it difficult to go after him, Mr.
Colombo said. But he was eventually able to win back the debt plus
interest and legal fees.
"I had a lawyer write me a three-page memo on why it was
uncollectable, but I don't really take that very well," Mr.
Colombo said.
Karen M. Cullen hired StreetWide when she was general counsel of
Prime Charter Ltd., a New York broker-dealer that was absorbed by Fahnestock
Viner Holdings of Toronto. The fee was money well spent, Ms.
Cullen said.
"Within a couple of months of hiring Mike, he already
collected more than we ever had before," she said.
Mr. Colombo is from Brooklyn, but moved to New Jersey in his
teens. He got into the business after leaving college and taking a
clerk's job in the new collection department at PaineWebber. He rose
to divisional vice president and left in 1996 to create a
collections department at Gruntal & Company. In 1998, he went to
the GKN Securities Corporation, where, he said, he increased
collection revenue from $12,000 to $5 million over two years.
Mr. Colombo said that as his reputation grew, and as firms began
asking him for advice on collecting their debt, he decided to pursue
an old dream of working for himself. Firebrand Financial, which owns
GKN, provided initial funds for StreetWide and owns 80 percent of
it.
Does he ever feel sorry for the brokers he goes after?
"I'll be the first guy to say that it's tough for brokers
right now," he said. Even so, the biggest concession he will
make is to work out a payment plan with those who owe his clients
money.
"Of course, the knee-jerk reaction to a collection agency
calling up is very guarded, or `Go take a walk, I'm not paying,'
yadda yadda yadda," he said. "I say: `Listen, I'm not
calling to argue with you. This is what you owe.' Sooner or later
they'll get the message."