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FBD
10-02-2012, 12:46 PM
http://www.reuters.com/article/2012/10/02/us-jpmorgan-lawsuit-idUSBRE8901FZ20121002

Reuters) - New York Attorney General Eric Schneiderman filed a civil fraud lawsuit against JPMorgan Chase & Co (JPM.N) on Monday over mortgage-backed securities packaged and sold by Bear Stearns.

It was the first action to come out of a working group created by President Barack Obama earlier this year to go after wrongdoing that led to the financial crisis.

JPMorgan, which bought Bear Stearns for $10 a share in March 2008, said in a statement it would contest the allegations.

The suit accuses Bear Stearns of failing to ensure the quality of loans underlying residential mortgage-backed securities it packaged and sold in 2006 and 2007. Investors lost more than $22.5 billion on more than 100 of those securities, or one-quarter of their original value, the lawsuit said.

The lawsuit said there were "serious long-standing concerns" about the quality of reviews done by Bear Stearns, and that defects uncovered among the loans sold to investors were largely ignored.

The due diligence process was compromised "in order to increase their volume of securities", the complaint says.

It also alleged a "systematic abandonment of underwriting guidelines".

JPMorgan noted in its statement that the allegations concern actions by Bear Stearns before the investment bank was acquired by JPMorgan.

"The NYAG civil action relates to Bear Stearns, which we acquired over the course of a weekend at the behest of the U.S. Government. This complaint is entirely about historic conduct by that entity," the statement said.

SIMILAR CASES TO FOLLOW

Schneiderman, a co-chair of the working group, told Reuters on September 20 that his office would take action shortly and that he expected federal authorities to do so as well.

People familiar with the matter said a federal-state announcement was planned for Tuesday and Schneiderman's filing the case on Monday appears to have irked his federal colleagues.

Two federal officials familiar with the investigation said that while the lawsuit was brought under New York State law, much of the investigation was handled at the federal level.

Schneiderman's lawsuit, filed in New York State Supreme Court in Manhattan, was based on the Martin Act, New York State's powerful securities fraud statute, which does not require proof of intent to deceive.

Similar cases against other banks will follow, according to a person familiar with the lawsuit.

This is not the first time Bear Stearns has emerged as a central figure in the financial crisis. In June 2008, two former Bear Stearns hedge fund managers were charged by federal prosecutors with lying to investors about the financial health of their funds, which had invested heavily in mortgage securities backed by subprime loans.

The managers were acquitted in a case that still stands as one of the few criminal prosecutions against Wall Street bankers to emerge from the financial crisis.

Monday's lawsuit comes in a tumultuous year for JPMorgan and Chief Executive Jamie Dimon. Federal authorities are currently investigating a nearly $6 billion trading loss in JPMorgan's chief investment office. Last month, U.S. power regulators asked the bank to demonstrate that it did not violate federal regulations by submitting misleading information and omitting facts in dealings with the regulator and California's electricity grid operator.

The Residential Mortgage-Backed Securities Working Group was formed to probe the pooling and sale of risky mortgages in the run-up to the 2008 financial crisis.

Obama, who is scheduled to debate his Republican rival Mitt Romney on Wednesday night, said in January he was creating the group to "hold accountable those who broke the law" and to "help turn the page on an era of recklessness".

The task force includes the Justice Department, the Securities and Exchange Commission, the Department of Housing and Urban Development and the Internal Revenue Service.

The case is People v. J.P. Morgan Securities LLC, 451556/2012 New York state Supreme Court (New York County).

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What's more is according to the complaint, one of the residential mortgage-backed securitizations was referred to in an internal email as a "SACK OF S***" and a "s*** breather."



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doh, the T is next to the y

DemonGeminiX
10-02-2012, 01:00 PM
Fixed it for you.

PorkChopSandwiches
10-02-2012, 01:44 PM
Its about time

Acid Trip
10-02-2012, 02:16 PM
The Fed pressured JP Morgan to buy Bear Stearns just like they pressured BofA into buying Countryside.

So the AG is suing JP Morgan for buying a company it only bought because the Fed said it would be better than if Bear Stearns went into full bankruptcy. And of course the Fed will hang JP Morgan out to dry just like they did BofA.

You'll never see banks cooperate with the Fed should another banking crisis arise.

FBD
10-02-2012, 02:57 PM
No, the AG is suing JPM for selling stuff it knew was absolute shit, and keeping it mum that they were selling absolute shit. The fed arm twisting is sort of a side issue in this, but more indicative of the systemic fraud that they are.

Acid Trip
10-02-2012, 03:00 PM
From another article on this case:

While some may see the lawsuit as long overdue -- to date, big banks have faced few civil cases and no criminal cases -- other may see it as ill-timed, for a couple of reasons. First, JPMorgan bought Bear Stearns in 2008, after the alleged fraudulent behavior, and it did so with the broad support of the U.S. government during the financial crisis. Second, the U.S. presidential election is just weeks away, and the case could been seen as a political ploy to show President Obama is tough on Wall Street.

Richard Cranium
10-02-2012, 03:02 PM
the U.S. presidential election is just weeks away, and the case could been seen as a political ploy to show President Obama is tough on Wall Street.


Shitbag would never be so transparent,,

FBD
10-02-2012, 03:24 PM
From another article on this case:

While some may see the lawsuit as long overdue -- to date, big banks have faced few civil cases and no criminal cases -- other may see it as ill-timed, for a couple of reasons. First, JPMorgan bought Bear Stearns in 2008, after the alleged fraudulent behavior, and it did so with the broad support of the U.S. government during the financial crisis. Second, the U.S. presidential election is just weeks away, and the case could been seen as a political ploy to show President Obama is tough on Wall Street.
oh I'm definitely not saying this would have happened without the fed's arm twisting, just pointing out nuance...


RC, action is from the NY AG, that's state level - obama aint gettin tough on shit!

FBD
10-02-2012, 03:47 PM
...Many of my colleagues at Clayton also lacked underwriting experience and a number of them had held no previous positions in the mortgage industry. I noticed that many senior Clayton employees, such as Deb Medina, hired many of their family members to work as due diligence underwriters, even when they had no experience in the mortgage industry.



...Because of the time pressures, however, many due diligence underwriters at both Clayton and Watterson entered information directly from the loan application (also known as the "1003 form") or underwriting worksheet (the "1008 form") without verifying the information by examining supporting documentation. This was known as "1008 underwriting." In addition to the time pressures, another reason that many Clayton and Watterson due diligence underwriters engaged in 1008 underwriting was because they lacked the experience to question the information on these forms.



In fact, Clayton leads instructed us not to question what was on the 1008 form: "The loan’s already closed. You can’t do anything about it at this point." I received similar instructions from leads at Watterson, who often told us: "It’s closed. Just approve it and move on, They’re already in the house." From these instructions, I understood that Clayton and Watterson supervisors wanted me to approve loans without questioning any inaccuracies or departures from the underwriting guidelines.



As a result, due diligence underwriters like me knew that we could avoid having supervisors examine our work so long as we graded the loans as 1s. If we graded loans as 2s or 3s, quality control personnel and leads scrutinized our work and, oftentimes, publicly berated us for assigning that grade. Deb Medina, a Clayton lead, frequently yelled at due diligence underwriters for grading loans as 3s in public. Watterson leads instructed us, "Pass the loan and keep it moving." By this I understood that I was supposed to approve loans and could quickly move on to the next loan.



Clayton and Watterson leads instructed us to avoid grading loans as 3s. This was true for numerous clients, but especially true on Bear Stearns jobs... due diligence underwriters at both Clayton and Watterson often used the phrase "Bear don’t care."



...I frequently reviewed loan files that contained documents that appeared to be fraudulent. For example, I reviewed many pay stubs that I believed were fraudulent because they were obviously altered. When I raised this issue to leads at Clayton, they instructed me: "This is not fraud review. Just take it from there."


and of course there's probably going to be a paltry slap on the wrist for JPM - they make tens or hundreds of billions, get fined some millions...

Richard Cranium
10-03-2012, 01:57 AM
WASHINGTON -- The federal government on Tuesday threw its support behind a lawsuit against JPMorgan Chase accusing Bear Stearns, the investment bank JPMorgan bought in 2008, of engaging in massive fraud in deals involving billions in residential mortgage-backed securities.

At a news conference, acting Associate Attorney General Tony West credited a federal-state working group of law enforcement agencies created by President Barack Obama in 2009 with assembling evidence in the lawsuit brought by the New York attorney general's office.

The Obama administration has been under heavy political pressure to hold major Wall Street players accountable for the nation's biggest financial collapse since the Great Depression. Bear Stearns was sold to JPMorgan Chase in 2008.

John Walsh, the U.S. Attorney for Colorado, said 11 federal prosecutors interviewed more than 40 significant market participants in the investigation by New York Attorney General Eric T. Schneiderman and that the Justice Department provided a dozen investigative analysts to review millions of pages of documents.

The lawsuit alleges that Bear Stearns led its investors to believe that the loans in its portfolio of residential mortgage-backed securities had been carefully evaluated and would be monitored. The suit alleges Bear Stearns failed to do either.

Acid Trip
10-03-2012, 01:27 PM
Bear Stearns is long gone and JP Morgan only bought the leftovers at the behest of the Federal government. This is nothing more than grandstanding.

FBD
10-03-2012, 02:22 PM
that seems to sum it up, at


http://www.bloomberg.com/news/2012-10-02/eric-schneiderman-will-have-to-do-better-than-this.html

Is this the best that Eric Schneiderman has got?

Yesterday, the New York attorney general filed a thoroughly unimpressive lawsuit against JPMorgan Chase & Co. over allegedly fraudulent sales of subprime mortgage bonds by Bear Stearns, the securities firm that JPMorgan bought in 2008 with help from the federal government.

The allegations track those previously made in private litigation by former Bear Stearns customers suing for losses, including Dexia SA, the French-Belgian bank that got a government bailout last year. No individual who worked at Bear Stearns was named as a defendant in the civil lawsuit. There were no new revelations. Schneiderman’s office seems to have done little of its own investigative work.

Some of the allegations in the 31-page complaint look like a clip job, including quotes taken from the Financial Crisis Inquiry Commission’s report in January 2011. Nor does the complaint accuse JPMorgan itself of engaging in any misconduct after completing its purchase of Bear Stearns.

You have to wonder why Schneiderman -- one of five co- chairmen of a Justice Department working group on mortgage- bond fraud -- bothered at this late date. It would surprise nobody to learn that Bear Stearns committed fraud before its near-collapse in 2008. But this suit doesn’t seem to be about accountability. If it were, it would have named some individuals as defendants. You can’t have a fraud without fraudsters.

The Federal Housing Finance Agency also has sued JPMorgan over the same sorts of claims in its capacity as conservator for Freddie Mac and Fannie Mae. (Schneiderman’s complaint cites facts obtained by reading the FHFA’s lawsuit, too.) Perhaps if Schneiderman’s office extracts a settlement someday, some money eventually will go to customers who got ripped off and figured it wasn’t worthwhile to try suing on their own. They shouldn’t get their hopes up, though. These sorts of cases usually settle for pennies on the dollar.

What’s especially worrisome: One section of the complaint, about advice rendered to Bear Stearns by the accounting firm PricewaterhouseCoopers, is sloppy to the point of inaccurate. It says: “Defendants’ external auditor, PricewaterhouseCoopers, in August 2006, advised defendants to stop asserting EPD claims against sellers on securitized loans before determining whether a breach of representations and warranties of securitization agreements also existed.” The complaint then goes on to describe related advice that Pricewaterhouse provided to Bear Stearns that year.

The problem with that section is Pricewaterhouse wasn’t the external auditor for Bear Stearns in 2006. Deloitte & Touche was. (Pricewaterhouse is JPMorgan’s longtime auditor. But remember, JPMorgan didn’t buy Bear Stearns until 2008.)

The distinction makes a big difference. If Pricewaterhouse had been Bear Stearns’s auditor, it probably wouldn’t have been allowed to provide that kind of management-consulting advice at the time because of federal auditor-independence rules. A Pricewaterhouse spokeswoman, Caroline Nolan, said the accounting firm performed no audit work for Bear Stearns and that the complaint is wrong.

A spokeswoman for Schneiderman’s office, Melissa Grace, had no immediate comment about the flub.

PorkChopSandwiches
10-03-2012, 03:37 PM
:roll: