There are quite a few cases of alleged or admitted fraud that JPMorgan Chase has been involved in recently I’m losing count. Well here is another one (Wall Street Journal, JPMorgan Settles Muni-Bid Case, 7/8/11). Does this bank have an ethical bone in its body?
J.P. Morgan Chase & Co. agreed to a $228 million settlement to charges it rigged nearly 100 transactions involving municipal-bond auctions, federal and state authorities said.
It is the third, and largest, settlement reached with a bank in a continuing investigation into an alleged nationwide conspiracy to rig municipal-bond bidding processes. Banks bid for the business to invest the proceeds municipalities raise by selling bonds. Last year, Bank of America Corp. agreed to pay $137 million and in May, UBS AG agreed to pay $160.2 million.
The Securities and Exchange Commission, in a civil lawsuit, alleged that J.P. Morgan, the nation’s second largest by assets, manipulated the bidding process from 1997 to 2005. The SEC said agents handling the auctions gave J.P. Morgan a “last look” at all the bids, thereby allowing J.P. Morgan to win the auctions. The SEC complaint also alleged J.P. Morgan submitted intentionally losing bids to allow other banks to win auctions, and steered business to the agents that rigged the bids. The SEC said the rigging happened on at least 93 transactions in 31 states.
The New York-based bank said in a statement that it does not “tolerate anticompetitive activity or violations of law” and that the investigation focused on “a small desk that was discontinued.” The bank also pointed out that the employees, who are no longer at the bank, hid their actions from management.
J.P. Morgan said the net total it would pay was $211.2 million: $51.2 million to the SEC; $50 million to the Internal Revenue Service; $35 million to the Office of the Comptroller of the Currency; and $75 million to the states involved. The bank said the payments wouldn’t materially affect its earnings.
There are concurrent court settlements with the various parties involved and there is some overlap, so while the agreement with the states is actually for $92 million, $17 million of that will go to other agencies, said Susan E. Kinsman, a spokeswoman for Connecticut State Attorney General George Jepsen, who headed the investigations for the states.
It is the second settlement J.P. Morgan has reached with the SEC in just over two weeks. In late June, the bank agreed to pay $153.6 million to settle charges its employees aggressively sold a complex debt security while failing to inform the investors about certain material facts.
The muni-auction settlements also included enforcement actions from the Federal Reserve and the OCC demanding that the bank increase its risk compliance management.
Federal tax laws require proceeds of municipal-bond sales to be invested at fair-market value. Bidding agents typically organize a process in which banks compete on bids for the investment business in order to ensure the fair-market-value test is met.
The Justice Department has identified more than a dozen banks as alleged co-conspirators in the bid-rigging probe.
However, federal and state agencies allege widespread collusion between the bidding agents and big banks corrupted the process across dozens of states during the late 1990s and first half of the 2000s. The Justice Department has identified more than a dozen banks as alleged co-conspirators. To date, 18 people have been charged.
“When powerful financial institutions … conspire with each other to intentionally violate regulations designed to ensure fair investment prices, the integrity of the municipal marketplace becomes corrupted,” said Elaine C. Greenberg, head of the SEC’s Municipal Securities and Public Pensions Unit.
As part of its deal with the Justice Department, J.P. Morgan won’t face a criminal antitrust prosecution if it meets a series of conditions, including cooperating with the investigation. The bank also admitted and accepted responsibility for the illegal conduct of its former employees.
The SEC also said Thursday that it has barred former J.P. Morgan vice president James L. Hertz from the securities industry based on his guilty plea last December in connection with municipal-bond transactions. Mr. Hertz has been cooperating with the probe.