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It always seemed a inevitable that there was never a chance that former MF Global CEO Jon Corzine would be criminally charged over his failed stewardship of the firm. Corzine ran the firm into the ground in about as reckless fashion as possible and deserves all the contempt that has been heaped upon him. Yet the prosecutors have to ask whether he committed any actual crimes as he went about this. And the answer at this point, after a thorough investigation, is no, as noted by the New York Times. There may be other ways he might be held accountable, but he will not be going to jail because of anything he did at MF Global. In fact, he is in a position to put other people in jail. Surprisingly enough, prosecutors want to talk to him about the actions of others at the firm, notably Edith O'Brien, an assistant treasurer whom prosecutors once hoped would testify and provide the goods on Corzine. O'Brien was central to the transfer of funds at issue. She sought full immunity and was apparently denied. There's a lot going on behind the scenes, but it now appears her gambit has failed. She just might be the only person charged in this mess, though Corzine is reportedly not of a mind to provide damning testimony. In the end, it's likely that no one will be criminally charged. For more: Related articles: Read more about: MF Global 2. Rolling Stone sounds off on DOJ
When Rolling Stone wants to make an emphatic point, it often strives to do so in quotable fashion. It was spectacularly successful when Matt Taibbi coined his memorable put down of Goldman Sachs. The writer has now turned his indignation to the Justice Department, which recently announced that it will decline to bring a criminal case against Goldman Sachs. "You know that look a dog gives you when you show it something confusing, like an electric razor or a lawn sprinkler? That's the look federal prosecutors give when companies like Goldman wave their attorneys' sanctifying opinions at them. They scratch their heads and say: 'Oh, wow, well since this was signed in Australia by three millionaire lawyers wearing magic invisibility cloaks, it really isn't fraud! They're right!' " He is nothing if not entertaining as he makes his points, but at least one point stuck out. He bemoans "a general pattern that has been coming into focus for years in American law enforcement. Our prosecutors and regulators have basically admitted now that they only go after the most obvious and easily prosecutable cases." If you put all his rhetoric aside, you'll have to admit he's on to something. The SEC has basically said that it cannot go after all crimes. It just doesn't have the resources, so the most it can do is wield its big stick in symbolic fashion. It has to go after cases that will bring it lots of attention and serve as an example. The insider trading convictions by Preet Bharara, however, would appear to contradict that point. The prosecutors did a rather thorough job in ferreting out the many subtleties of the many crimes. But when all is said and done, the SEC and U.S. Attorneys can't chase every case, even if there's a decent chance of a victory. They have to ration their resources. Sadly for some, the pickings were surprisingly slim in the wake of the financial crisis. For more: Related articles: Read more about: fraud, Rolling Stone 3. Bank of America releases CSR report
More banks are embracing the idea of a corporate social responsibility (CSR) reports, which tout achievements in areas such as philanthropy and green initiatives. While some cynics suggest that such reports amount to mere PR, I would caution that too much cynicism is unwarranted. The fact is that such reports are increasingly prized by institutional investors, who want to see progress on environmental, social and governance (ESG) criteria. So these reports can have a direct effect on the success of the company. I note this in light of Bank of America's second CSR report, just released via a snazzy web page. The report means "to provide an overview of the social and environmental impacts of its business operations and efforts to create value for shareholders, customers and clients, and communities the company serves globally. The report highlights the company's efforts to promote fairness and transparency in its products and services; lending and investing activities in low-income and underserved communities; philanthropic investments to address immediate and long-term community needs; and company and customer-focused environmental initiatives." Such reports, as they become de rigueur, tend to be feel-good documents. Banks should take pains to make sure all the claims are backed by substance. For more: Related articles:
Read more about: CSR, corporate social responsibility
The long reach of Libor has complicated matters for analysts trying to figure out just how much the debacle will ultimately cost banks. It's unclear as of now what the fallout will be, but the use of Libor in CDOs cannot be discounted. Reuters notes that "many collateralized debt obligations (CDOs) were hedged with interest rate swaps, they say, and inflated payments on those swaps siphoned away money that should have gone back to investors." One expert was quoted as saying that, "Especially for CDOs whose underlying pool of securities had to be 100% hedged, lower Libor meant ridiculously large payouts each quarter to bank counterparties -- up to $8 million to $10 million per year for some deals. The burden of having this payment is essentially like having an extra senior tranche in the CDO. We are already engaged on a CDO-related Libor case with a law firm, trying to quantify how much the manipulation in the rate increased losses. These are just the early stages. There will definitely be more litigation around this topic -- possibly a class action." If a CDO was receiving payments based on Libor, "and it was paid Libor plus 1 percent instead of Libor plus 3 percent, the result is that over the years the CDO holder got much less than it should have." This is going to be huge for the lawyers. For more: Related articles: Read more about: CDOs, LIBOR Scandal 5. Hedge funds page JPMorgan holdings
According to a recent Reuters article investigating the lingering effects of JP Morgan's massive losses from the bank's London CIO unit, "Jamie Dimon's whale is turning into an albatross." As a direct consequence of the $5.8 million in losses in the first and second quarter, the bank has been forced to suspend its stock buyback program and recalculate capital ratios to better reflect its risk metrics. JPMorgan also revamped the VaR calculation that it relied on just as the Whale trades blew up. As a result of the changes, requested by the OCC and the Federal Reserve Bank of New York, the Basel I Tier 1 common ratio was reduced to 9.9 percent from 10.3 percent. So how big of a setback is all this? JP Morgan will likely be able to recommence the buybacks soon, and the new capital levels are still significantly "higher than the 5 percent level at which banks are considered well-capitalized under Federal Reserve stress tests." For some funds, however, the effects will linger a bit too long. At least a few hedge funds have liquidated their JPMorgan holdings. According to Bloomberg, Moore Capital Management sold all of its JPMorgan common shares -- about 6.47 million -- in the second quarter. TPG-Axon Management sold all of its of 3.13 million shares. Hedge funds, mutual funds and other big asset managers reduced their holdings of JPMorgan stock by $28.7 billion, leaving them with $89.8 worth of stock. For more: Related articles: Read more about: Hedge Funds, JPMorgan Also Noted
SPOTLIGHT ON... Apollo to market a new fund Leon Black's Apollo Global is seeking to raise $10-$12 billion for his next private equity funds, according to Bloomberg. His previous fund raised about $15 billion in 2008. Other fund firms are also scaling back compared with their previous efforts. My sense is that there will plenty of institutions willing to invest. The future liability challenge remains for many pensions, and they have little choice but to load up. Performance remains an issue, however. Article Company News: And Finallt…CEO pay vs. tax payments. Article
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Friday, August 17, 2012
| 08.17.12 | Jon Corzine avoids charges
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