October 31, 2008

SEC Failed in Its Oversight of Bear Stearns, Says Inspector General

The Securities and Exchange Commission's Office of the Inspector General says the agency failed to fulfill its mission in the oversight of Bear Stearns. Inspector General David Kotz says not only did the SEC neglect to order the company to cut back on risk taking, but it missed possible “red flags” leading up to JP Moran Chase & Co.'s purchase of the faltering investment bank.

Kotz’s report says that despite identifying the risks that would lead to the sub-prime mortgage crisis, the SEC staff did not exert its influence to mandate that Bear Stearns add a potential market collapse scenario to its list of possible risks.

Kotz is accusing the SEC of not making any efforts to make Bear Stearns raise money or lower its debt. He is also criticizing the agency for allowing internal audits, rather than external audits, at Bear Stearns.

Also in his report, Inspector General Cox accuses the agency of not doing anything to find the shortcomings in Bear Stearn’s risk management of mortgages and failing to avail of opportunities to prod management at Bear Stearns to deal with problems. He says the SEC should have taken more time to evaluate Bear Stearn’s 2006 annual report and get additional information from the investment firm, which would have required the company to reveal more information about its mortgage portfolio to investors.

The SEC’s division of trading and markets disagrees with Kotz’s findings and claims that that the report began with incorrect assumptions and arrived at unrealistic and inaccurate conclusions that were not practical. SEC Chairman Christopher Cox says that, if anything, the SEC’s failures occurred because the agency had not been given enough authority to oversee the investment banks and that Kotz’s report affirms this.

The sale of Bear Stearns and Merrill Lynch & Co, Lehman Brothers Holding Company’s bankruptcy, and the filings by Goldman Sachs Group Inc. and Morgan Stanley to become bank holding companies means that the SEC is no longer overseeing any large investment firms. While the agency will continue reviewing broker-dealer businesses, it is terminating its oversight program of independent investment banks’ parent companies.

Related Web Resources:

SEC Watchdog Faults Agency in a Bear Case, Wall Street Journal, October 11, 2008

SEC Office of Inspector General

Bear Stearns, A Division of JP Morgan

Continue reading " SEC Failed in Its Oversight of Bear Stearns, Says Inspector General " »

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July 21, 2008

SEC Subpoenas Over 50 Hedge Fund Advisors in Probe of Whether Stock Price Manipulation Affected Bear Stearns and Lehman Brothers Shares

The Securities and Exchange Commission has subpoenaed over 50 hedge fund advisors, including SAC Capital Advisors, Goldman Sachs Group Inc., and Citadel Investment Group, as part of its probe into whether rumors affected the shares of Bear Stearns and Lehman Brothers.

The SEC is looking for information related to options trading and short-selling involving the two investment firms. The subpoenas are part of a wider investigation about trades in bank securities and the communications between the hedge funds and others. The SEC has reassured the parties being subpoenaed that they are not necessarily direct targets of the probe.

Last week, regulators announced that they are investigating whether certain managers had spread rumors to cause share prices to drop. Investigators are also trying to figure out whether correct policies and training procedures had been put in place to detect market manipulation.

The NYSE Euronext’s regulatory arm and the Financial Industry Regulatory Authority are also working together to find out about the compliance polices of certain large securities firms related to rumors and false information. The companies are being asked whether they executed internal probes about the rumors related to the sub-prime loan business, a potential federal government bailout affecting several financial institutions, and the use of the Federal reserve discount window.

As a result of the subpoenas, broker-dealers and hedge funds are rushing to provide regulators with trading records and e-mails.

If you believe that you are a victim of securities fraud, please contact Shepherd Smith Edwards and Kantas, LLP for your free consultation with one of our experienced stockbroker fraud lawyers today.

Related Web Resources:

Firms hurry to comply with SEC subpoenas, Boston.com, July 17, 2008

SEC Issues Subpoenas in Banking Probe, TheStreet.com, July 16, 2008

US Securities and Exchange Commission

April 21, 2008

U.S. Representative Barney Frank Calls on SEC to Widen Investigation of Improper Trading Rumors Surrounding Bear Stearns’s Stock

U.S. Representative Barney Frank, the chairman of the House Financial Services Committee, is calling on the Securities and Exchange Commission to expand its probe into whether any improper trading in investment banks’ shares has recently taken place. He wants the SEC to determine whether the rumors of misconduct are being circulated to drive certain investment banks, such as Bear Stearns, out of business.

In a letter addressed to SEC Chairman Christopher Cox, Frank noted that there had been an “unusually high level of short-selling activity” in Bear Stearns stock right before the company fell apart. He also noted that similar trading in the stocks of other large investment banks has occurred.

Frank cited concerns that some of this trading may be orchestrated by market participants that are trying to bring the share prices down. Frank is calling on the SEC to investigate trading activity of stocks in all the big investment banks.

Other companies that have been heavily shorted recently include Citigroup, Washington Mutual, Wachovia, Wells Fargo, CIT Group, and Countrywide.

Bear Stearns executives say that short-sellers are part of the reason the firm collapsed. They also blame circulated false rumors as a reason that customers abandoned the investment bank, which resulted in its liquidity crisis.

Short-sellers borrow shares and sell them in the hopes that the stock will fall. They can then purchase the shares at a lower price, return them to the lender, and keep the difference. To increase the speed of short-selling, traders are allowed to find someone who will say they have the shares to lend them out. This allows traders to lie and say they have the trade.

A few weeks ago, the Financial Industry Regulatory Authority (FINRA) issued a warning to broker-dealers and others under its supervision, stating that it would not tolerate the intentional spreading of false rumors or the “engaging in collusive activity to impact the financial condition of an issuer.”

Our stockbroker fraud lawyers at Shepherd Smith and Edwards represent clients throughout the United States that are the victims of investor fraud. Contact Shepherd Smith and Edwards today and ask for your free consultation.

Related Web Resources:

Get Shorty, Forbes.com, April 7, 2008

Frank Letter to Cox Short Sales of Bear Stearns and Other Investment Bank Stock, House Committee on Financial Services, April 4, 2008


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March 24, 2008

JP Morgan Chase’s Bear Stearns Acquisition Could Make The Firm Vulnerable to Lawsuits

Following JP Morgan Chase & Co’s acquisition of Bear Stearns Companies Inc., JP Morgan Chase Chief Financial Officer Michael Cavanagh says the firm is reserving as much as $6 billion for "transaction-related costs," including possible litigation.

Class action lawsuits could come from investors regarding corporate disclosure, as well as from employees over pension plans. Any securities lawsuits targeting Bear Stearns as the plaintiff will also go to JP Morgan Chase.

Lawsuits expected may include those related to the 1934 Securities Exchange Act Section 10(b) (a general antifraud provision) by investors that may feel that Bear Stearns did not disclose accurate information about the company’s health. Employees may sue if they believe that the Employee Retirement Income Security Act (ERISA) had been violated.

On March 16, The Federal Reserve, accompanied by shareholder consent, had approved of a financing plan that allowed JP Morgan Chase & Co. to extend up to $30 billion in nonrecourse lending to the combined entity. This allowed the Wall Street firm to acquire the faltering Bear Stearns. The vote by Federal Governors to allow the loans was unanimous.

The loans gives JP Morgan Chase assurances over $30 billion worth of assets, including subprime lending arrangements and commercial mortgage-backed securities, that were part of the acquisition.

On Monday, the terms of the loan was revised so that JPMorgan will be responsible for the first $1 billion, while the remaining $29 billion will be available as financing to JP Morgan at the Fed’s 2.5% emergency lending rate.

The Fed’s move followed JPMorgan’s change in offer to buy Bear Stearns shares at $10/share instead of $2/share. JP Morgan Chase’s acquisition of Bear Stearns came after a crisis in client confidence placed the firm at risk of bankruptcy.

Possible defenses to pending litigation could include Bear Stearns not knowing how dire its financial health was and its willingness to disclose negative information about the firm, including news that two of its hedge funds collapsed last year.

Please contact Shepherd Smith and Edwards if you are an investor who believes that you are a victim of broker misconduct. Our investment fraud lawyers represent clients living throughout the United States and abroad.


Related Web Resources:

Fed Backs JPMorgan, Bear Stearns Deal, AP, March 24, 2008

JPMorgan Buys Bear Stearns in Fire Sale, The Street, March 17, 2008

Board of Governors of the Federal Reserve System


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March 19, 2008

Wachovia Securities Analyst Comments on Bear Stearns’ Sale and Calls Merrill Lynch the “Riskiest” Investment Bank

In a note to investors, Wachovia Securities Analyst Doug Sipkin commented on the state of the leading Wall Street securities firms in light of the worsening global credit crisis.

Sipkin blamed the “The failure of Bear Stearns” on a “management issue” rather than a “market issue.” JP Morgan Chase & Co. recently purchased Bear Stearns, the fifth largest securities company, for $236 million—that’s $2/share—a 90% market drop in just two days. The securities firm ran out of money after clients took away funds.

Sipkin, however, reassured investors that the action taken by the Federal Reserve to reduce emergency lending rates will keep the other four big securities firms in business.

The Wachovia analyst says that worries about Lehman Brothers are misguided and that the bank has sufficient liquidity to keep business running. Sipkin cited Lehman’s “superior management” and “superior business.”

Lehman and Goldman Sachs are expected to garner new business from the Bear sale. Sipkin said Goldman will likely benefit from “migrating prime brokerage balances,” while Lehman would likely pick up “material market share" in mortgages.

Morgan Stanley, said Sipkin, seems to be weathering the crisis because it has its asset management and brokerage businesses.

Sipkin pointed to Merrill Lynch as appearing to be the weakest of the top Wall Street firms—but said that it would also likely stay afloat, considering that its balance sheet had the highest leverage.

Related Web Resources:

Ahead of the Bell: Investment Banks, Chron.com/AP, March 18, 2008

US stock market drops as Bear Stearns sold for $2/share, Reuters, March 17, 2008

JP Morgan Shares to Acquire Bear Stearns, Bear Stearns


If you have been the victim of investor fraud, you are entitled to the recovery of your lost investment. Contact Shepherd Smith and Edwards today to schedule your free consultation with one of our stockbroker fraud lawyers.

March 17, 2008

Bear Stearns Sold to JP Morgan – One Firm’s Trash Is Another Firm’s Treasure!

Yesterday – Sunday – it was reported that JP Morgan bailed-out Bear Stearns by paying its shareholders a measly quarter of a billion dollars. One question plaguing Wall Street is how many other victims of sub-prime mortgages will emerge? Below we assess the winners and losers of this deal and also report some good news: Claims by investors who had accounts at Bear Stearns are not dead!

Winners and Losers?

A year ago, BSC’s stock sold for $150 per share. Last Friday BSC’s shares fell from 57 to 30. Reportedly, as government big-wigs and financial moguls met on Saturday to attempt to salvage BSC, there were discussions with several firms to pay around $15 per share but on Sunday only JP Morgan was left – offering $2 per share. Although BSC faced certain bankruptcy if nothing were done, Bear Stearns shareholders say they are the big losers.

Meanwhile, while brokering a sale of BSC to the highest bidder, our government put up $30 billion in loss guarantees. That's $100 per warm body in the U.S. This amount also translates to $115 per share of BSC stock. Yes, we as citizens will be exposed to losses of over $100 per share for Bear Stearns’ folly! Who are the real losers? You and me!

Are there any winners? The “efficient market theory” holds that the price of a company’s stock on any given day is what that firm is worth. If so, how did J.P Morgan fare? Today, the first after the BSC deal was reported, JP Morgan’s stock rose more than 10% - a $13 billion increase in total market capitalization!

Meanwhile, shares of other investment banks today lost as follows: Merrill Lynch fell 5%, Goldman Sachs fell 6% and Lehman Brothers lost a whopping 20%! Had J.P. Morgan shares lost only 5%, that firm would have fallen over $6 billion in market capitalization. Thus, as of today, J.P. Morgan is almost $20 billion better off thanks to the BSC takeover. This is two-thirds of the exposure to U.S. taxpayers, which made the $20 billion windfall to JP Morgan possible. Some would call this welfare for the rich. Big winner: JP Morgan

Not too late to recover from Bear Stearns!

Many institutional and individual investors claim they were sold “trash” or otherwise cheated by Bear Stearns. Many fear their claims will disappear after the Bear Stearns bailout. Yet, according to reports, JP Morgan will set aside $5 to $6 billion as a reserve for litigation and arbitration claims against Bear Stearns. Those who lost should contact an experienced securities law firm soon to learn if they should seek recovery.

The law firm of Shepherd Smith and Edwards represents institutions and individuals nationwide with significant claims against Wall Street financial firms. We have handled dozens of claims against against Bear Stearns. We seek recovery of losses for improper actions by firms as well as for broker misconduct . Contact us to arrange a free confidential consultation with one of our attorneys to learn whether we can seek recovery for you or your firm.

Who is/was Bear Stearns?

Founded in 1923, Bear Stearns Companies (BSC) is/was a maverick Wall Street investment banking firm with few friends. Former CEO Allen “Ace” Greenberg, who reportedly issued strange memos including about the cost of paper clips, ruled BSC for decades before being criticized for earning almost $16 million in 1992, his final year (although a paltry sum by today’s standards). Perhaps clairvoyant about his firm’s future, Ace was also rumored to have a hard hat in his office with his name on it.

For decades, BSC was criticized for acting as a “clearing agent” for hundreds of small thinly-capitalized “introducing” brokerage firms. A number of these were actually “boiler room” operations, such as one portrayed in a movie by that name. Brokers at these firms often touted their connection with Bear Stearns to persuade victims to part with their savings. Yet, BSC could not resist the huge profits earned from this operation, primarily from margin interest income it charged investors, many who could not afford these costs or to take the high risks involved in margin trading.

BSC’s most recent CEO is/was “Jimmy” Cayne, who allegedly was playing bridge at his country club as the firm’s largest hedge fund imploded last summer. Sources report he was also playing golf (and perhaps cheating) at the same club. In the firm’s financial game, Cayne’s score last weekend was way over par and, in bridge terms, down 7, doubled and redoubled!

Oddly enough, Bear Stearns faced another bailout situation a decade ago, but as a “bailor” not “bailee”, when an infamous hedge fund “Long Term Capital” threatened to bring down world financial markets. Bear Stearns was the only major U.S. investment firm which refused to participate in the bailout, earning it low marks among its peers. As the saying goes, “what goes around comes around.”

Additional Information About Bear Stearns:

Profile and Background of Bear Stearns Companys

For more blog stories about Bear Stearns Companies Click Here


Additional Information About JP Morgan Chase:

Profile and Background of JP Morgan Chase

For more blog stories about JP Morgan Chase Click Here

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February 11, 2008

Pondering the SEC’s Role in the Subprime Mortgage Crisis

What was the role of the Securities and Exchange Commission in the collapse of the subprime mortgage bubble? Although mortgage brokers, investment banks, and ratings agencies are frequently held responsible for the demise, little is said about the roles of the Financial Industry Regulatory Industry (FINRA) and the SEC—both watchdog agencies that are responsible for monitoring complex credit derivatives and their suitability requirements for investors.

Yet where was the SEC when it was time to oversee investment banks and determine whether they had sufficient capital for their balance sheets, trading positions, and the appropriate risk management systems so that major losses could be avoided?

One notable problem is that there is not enough clear data available about the credit derivatives market. Structured finance products, including collateralized debt obligations (CDOs) are traded over-the-counter in the United States. This means that price information for these products is not easily accessible.

It wasn’t until 2007 that the SEC, the Commodities Futures Trading Commission (CFTC), and other members of the President’s Working Group recommended that stricter oversight of the over-the-counter market be implemented.

While regulators are now examining the way banks structured, priced, and sold mortgage-laden securities, some industry insiders feel that these steps were taken too late. Should the SEC have noticed the warning signs?

In 2006, Merrill Lynch senior executive Jeff Kronthal was fired when he responded reluctantly to former Chief Executive Stanley O’Neal’s mandate that firms be more aggressive about taking risks with mortgage securities. Morgan Stanley’s new Chief Executive John Thain rehired Kronthal last December.

In 2005, Bear Stearns reported in its 2005 financial disclosure that it was threatened by a possible civil enforcement action related to pricing, analysis, and valuation of $63 billion in CDOs. Bear Stearns also reported that then-New York Attorney General Eliot Spitzer had contacted the firm about $16 billion in CDOs it had sold to an undisclosed client.

Former SEC attorney Gary Aguirre says that while aggressively pursuing Pequote Capital and its alleged involvement in an insider trading case in 2005, he was fired when he tried to interview Morgan Stanley Chief Executive John Mack. Aguirre claims that the SEC is too closely associated with the industry it regulates.

Earlier this month, securities regulators in Massachusetts filed a civil fraud lawsuit against Merrill Lynch over $14 million in CDOs that the firm sold to the town of Springfield. Regulators say they were unsuitable for and sold without the town’s permission. Merrill has admitted to the town’s lack of consent and paid its investment back in full—although it now has little value.

The Federal Bureau of Investigation says it is conducting criminal investigations into 14 firms regarding their involvement in mortgage securitization activities.

Morgan Stanley, Merrill Lynch, Bear Stearns, and Goldman Sachs all admit that different regulators have asked them about their handling of subprime mortgage securities.

If you are an investor who has lost money because of the misconduct or negligence of someone in the securities industry, please contact Shepherd Smith and Edwards today. Your first consultation with one of our stockbroker fraud lawyers is free.

Related Web Resources:

SEC

Collateralized Debt Obligation (CDO), Investopedia

Subprime Mortgage, Investopedia

January 17, 2008

Investors into Bear Stearns' "Mult-Strategy Fund Warrants" Lose over 99% on Their Investment

On Christmas Eve a Bear Stearns client received a present - a check for $1,000 - less some fees. While a check for $1,000 at Christmas time can come in handy, it was no gift since this was to close out an investment by the client in 2001 of almost $120,000!

Accoording to the paperwork provided to the investor, management chose to terminate early the Bear Stearns Multi-Stragegy Warants expiring March 31, 2009. The warrants, stated in the notice provided, were "linked to the performance of the Bear Stearns Multi-Strategy Fund, L.P." the value of the warrants at maturity was to be based upon the average of the six month-end "net asset value" of the fund. That maturity never occured because the warrants were ended abruptly more than a year early.

According to the notice "the underlying constituents of the Fund were: New Castle Millennium II, L.P., New Castle Market Neutral, L.P. and Bear Stearns Emerging Markets Macro Fund, L.P., Bear Stearns Institutional Leveraged Loan Fund, L.P. Bear Stearns ABS Partners, L.P. and Bear Stearns High-Grade Structured Credit Strageties Enhanced Leverage Fund, L.P., with approximatelly equal wieghting."

A securities warrant is similar to a securities option, but generally has a much longer holding period. These warrants, for example, were set to expire more than 7 years after their issuance.

Despite their names, the underlying funds upon which the warrants were valued, were reportely heavily invested into sub-prime mortgages and derivative securities. Representations were made to the investors at the time of the purchase regarding the safety of the investments, which maintained a relatively stable value for years, at least as reflected in the statments sent. (It is unknown at this time just who determined the value reported for such warrants.)

For example, having paid approximately $120,000 for each warrant, the value on the statement sent to the investors in May of 2007 was $115,000. Yet, in September, only five months later, the warrant holders were notified the underlying fund and would soon be terminated meaning their warrant investment was in jeaprody!

The notice to the investors stated "The Bear Stearns Multi Strategy Fund has decided to wind-down the Fund effective Septermer 30, 2007." The notice provided a "table" regarding the potential value of the warrants which is almost unintelligible to those reading the notice.

In any event, the value of each warrant was by December determined to be (exactly) $1,000. We have been provided with no explanation of how that amount was chosen. After a $5.00 service fee, and another small charge, the investor received just under $995. Seemingly lacking was a notation stating "Have a nice day!" (or perhaps "Merry Christmas")

The securities fraud speicialists at Shepherd Smith and Edwards law firm have represented thousands of investors in claims against hundreds of securities firms, including Bear Stearns and other major U.S. stock brokerage firms. If you or someone you know had lost on investments because of possible misconduct, contact Shepherd Smith and Edwards to arrange a free confidential consultation with one of our attorneys.

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December 12, 2007

Bear Stearns, Deutsche Bank, and Merrill Lynch Among the Wall Street Firms Subpoenaed by New York Prosecutors

New York Attorney General Andrew Cuomo is subpoenaing several Wall Street firms, including Deutsche Bank AG, Merrill Lynch & Co, and Bear Stearns, for information about packaging and selling debt connect to high-risk mortgages.

Prosecutors want to look at the way investment banks review the quality of mortgages before turning them into packaged products that can be sold to investors. They also want to find out how debt is being turned into securities and learn more about the credit-rating firm-bank relationship.

This past summer, mortgage-backed securities affected by growing default and delinquency rates had high debt ratings despite the backing of loans issued to lenders.

Two hedge funds run by Bear Stearns fell apart—instigating the credit markets crisis. The collapse cost investors some $1.6 billion. The collapse cost Merrill Lynch, a big investor in the fund and other subprime mortgage securities close, to $8 billion.

The investigation will look at the way relationships among third-party due-diligence firms, mortgage companies, credit-rating firms, and securities firms and their connection to the firms’ involvement with the subprime mortgage crisis. Underwriting standards will also be reviewed.

Last month, NY Attorney General Cuomo sent subpoenas to investment banks as part of his investigation into U.S. mortgage loans. Fannie Mae and Freddie Mac were among those subpoenaed.

If you are an investor who has lost money because of the misconduct of anyone in the securities industry, contact Shepherd Smith and Edwards right away. One of our securities fraud attorneys would be happy to speak with you during a free consultation. Shepherd Smith and Edwards has helped thousands of investors recover their losses.


Related Web Resources:

Wall St. firms get subprime subpoenas, CNN.com, December 5, 2007

New York State Attorney General Andrew Cuomo

Merrill Lynch

Bear Stearns

Deutsche Bank

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November 25, 2007

Bear Stearns is Charged with Violating Securities Laws in Hedge Fund Case

The Massachusetts Securities Division says that Bear Stearns Asset Management Inc. (BSAM) violated securities laws in principal transactions it took part in with two hedge funds that it also advised.

State securities officials filed an administrative complaint against the company earlier this month. In the complaint, Bear Stars is charged with taking part in improper trading activities in the Enhanced Leverage Fund and the Bear Stearns High Grade Structured Credit Strategies Fund. Both funds fell into bankruptcy over the summer.

The complaint claims that BSAM traded securities from its account into the two founds without permission from the client funds’ independent directors. Consent is necessary under state and federal securities laws and BSAM’s own prospectus and representations.

The 1940 Investment Advisers Act bans investment advisers from taking part in major transactions with a client without letting the client know about a transaction and obtaining its consent.

At BSAM, the disclosure and consent procedure is called a Principal Trade Letter and is used to minimize conflicts of interest between the investment vehicles that BSAM oversees, including Bear Stearns, the High Grade Fund, and BSAM.

In the complaint, security regulators say BSAM did not fulfill its obligations pertaining to principal transactions from 2004-2007. Regulators are also accusing BSAM staffers of not knowing when to use PTLs and not properly training the employees who were in charge of obtaining approvals from directors.

The complaint says that BSAM violated the Massachusetts Uniform Securities Act. Regulators want BSAM to cease and desist its violations of securities law and to pay a censure fine and other necessary relief.

If you are an investor who has lost money because of the misconduct of an investment adviser, contact Shepherd Smith and Edwards today. We have helped thousands of US investors recover such losses. One of our securities fraud attorneys would be happy to speak with you.


Related Web Resources:

Massachusetts Regulators Accuse Bear Stearns of Fraud, The Wall Street Journal, November 14, 2007

BSAM

Massachusetts Securities Division

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October 11, 2007

Merrill Lynch, Morgan Stanley and Bear Stearns Suffer Losses as Ratings Agencies Are Grilled over Sub-prime's

Merrill Lynch will soon report third quarter earnings which analysts have revised downward. An analyst at competitor Goldman Sachs says that Merrill’s earnings for the third quarter will be about $1.80 per share, down from $1.95 and lowered Merrill's stock price target to $94 from $108. The Goldman analyst predicted that Merrill will have $4 billion in write-downs, primarily from the fixed income division, resulting in a net loss of $1.5 billion for the quarter.

Other analysts' expectations were even even lower: Fox Pitt Kelton's analyst lowered earnings per share estimate for Merrill to $1.20, from a previous estimate of $1.91, “while noting that forecasting confidence is low in periods such as these.” He also expected the firm to experience $3.5 billion “in gross negative marks and realized losses” on leveraged loans, CDOs, and mortgages resulting in $2.2 billion in net losses and attributes the more positive net loss estimate to “$700 million in hedging gains; $500 million in loan fees; and $100 million in gains on liability marks.”

Morgan Stanley reported last week that it suffered a 17 percent drop in profit compared to the third quarter last year, earning $1.44, about ten cents below analysts’ estimates, with loan losses of $1 billion the culprit.

Bear Stearns has been center stage in mortgage related investment problems which have hit the investment community. That firm reported last week that it experienced a 61 percent drop in profits compared to the third quarter last year. This was mostly caused by multi-million dollar losses in mortgage focused hedge funds.

Meanwhile, Goldman Sachs, beat all analyst’s earnings per share predictions by more than $1.50, with $6.13 earnings per share in the third quarter, claiming that credit hedging had mitigated the firms loss. Lehman Brothers reported better than expected earnings of $1.54 per share despite $700 million in losses related to the credit crunch.

In the wake of the mortgage backed securities meltdown, Congress is investigating credit rating agencies over how and why ratings on such securities failed to reflect the danger. The SEC Chairman testified that the SEC is examining whether agencies including Moodys Investors Service and Standard & Poors were “unduly influenced” by issuers and underwriters that paid for the credit ratings. A union pension fund is suing the Moody’s credit rating agency over its “excessively high ratings” of bonds backed by subprime mortgages.

Shepherd Smith and Edwards represents investors nationwide in claims against securities firms. We have represented investors in more than 1,000 securities cases, including against Merrill Lynch, Morgan Stanley and Bear Stearns. To learn whether might assist you with a claim contact us to arrange a free consultation with one of our attorneys.

October 9, 2007

Citigroup, Lehman Brothers, DeutscheBank and other Firms Fined for Failing to Deliver Trade Confirmations.

NYSE Regulation fined 14 of its member firms a total of $10.4 million in fines for failing to deliver trade confirmations to their clients and other violations.

Citigroup Global Markets received the heaviest fine of $2.25 million for failing to deliver trade confirmation documents in more than a million consumer transactions. Lehman Brothers and DeutscheBank were each fined $1.25 million.

Other firms sanctioned included UBS Securities; Bear Stearns & Co.; Credit Suisse Securities (USA) LLC ; Banc of America Securities LLC; Goldman Sachs & Co.; JP Morgan Securities; Wachovia Capital Markets LLC; and Keefe, Bruyette & Woods Inc. Fines levied against these firms ranged from $375,000 to $800,000.

According to the New York Stock Exchange (NYSE) enforcement wing, the violations occurred between July 1, 2003 and Oct 31, 2004. These include failures to ensure delivery of prospectuses to customers who purchased securities and mutual funds, failure to deliver product descriptions to customers purchasing exchange traded funds and failure to establish and maintain appropriate supervisory procedures regarding such activities.

Each of the member firms also agreed to certify that its current policies and procedures are reasonably designed to ensure compliance with current federal securities laws and regulations regarding such requirements. This action was one of the final acts by the regulatory staff of the NYSE prior joining the Financial Industry Regulatory Authority (FINRA) which has taken over all former NASD and NYSE regulatory responsibilities.

Shepherd Smith and Edwards represents investors nationwide in claims against securities firms. We have represented investors in more than 1,000 securities cases. To learn whether we may be able to assist you with a claim contact us to arrange a free consultation with one of our attorneys.


July 9, 2007

As Bear Stearns Hedge Fund Faced Liquidation its Head Manager's Golf Game Did Not Suffer

As a sub-prime mortgage hedge fund managed by Bear Stearns encountered margin calls and was no the brink of liquidation, the situation apparently did not faze the golfing of its chief executive, John Cayne.

Weather permitting, Mr. Cayne hops a helicopter from Manhattan to a golf club in Ocean Township, N.J., landing on the grounds. According to posting on an online golf database, Cayne continued to golf through the weeks in June as one of his firm's hedge funds was evaporating.

On June 14, the day Bear Stearns reported a 10 percent drop in its operating earnings for the second quarter, Mr. Cayne played a round of golf, shooting a 96, according to the online database. The next day, he played again.

The following week, as Merrill Lynch and others pressured Bear Stearns to increase the collateral on loans they had made to its sinking fund, Mr. Cayne was back on the course. That day, he shot a 98. The next day, in the biggest rescue of a hedge fund in almost a decade, Bear Stearns committed $3.2 billion to bail out the fund (later revised to $1.6 billion) That day, Mr. Cayne did not miss his golf game and shot a 97.

A spokeswoman for Bear Stearns said that Mr. Cayne flies down after work on Thursdays and plays an evening round of golf. On Fridays, he plays a round and works from his New Jersey home, where he is in constant touch with the office, she said.

Shepherd Smith and Edwards is a securities law firm which represents investors nationwide in claims against investment firms. To learn whether our firm can assist you or your firm, contact us to arrange a free confidential consultation with one of our attorneys.


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June 21, 2007

Merrill Lynch Seizes $400 Million of Assets from a Bear Stearns Managed 'Subprime' Hedge Fund for Failing to Meet Margin Calls

A hedge fund managed by Bear Stearns that takes both bullish and bearish positions in subprime loans has been hit heavily by conditions in that market. Some of the fund's assets were held at Merrill Lynch, on margin. When the equity in the fund dropped, Merrill issued margin calls.

The hedge fund reportedly began with about $600 million in investor capital, $40 million of that from Bear Stearns and its executives, then borrowed $6 billion from Wall Street lenders, including Merrill, Goldman Sachs, Bank of America and Deutsche Bank.

As the fund's assets lost market value, the Bear Stearns managers scrambled to sell hundreds of millions of dollars in assets to satisfy demands for cash and assets from creditors to stave off liquidation of the fund. The managers auctioned almost $4 billion in mortgage bonds, and attempted to present a 30-day plan to sell more assets, but was unable to persuade Merrill to refrain from seizing assets.

An auction was then held by Merrill to liquidate these assets and the fund's fate remains in peril. It the hedge fund is dissolved it would become the second blowup of hedge funds dealing in the high risk home loans, known as "subprime" mortgages. UBS AG shut down Dillon Read Capital Management after bad trades in subprime-mortgage loans led to a $124 million loss.

Wall Street is concerned that the asset liquidations could cause values on other subprime pools to spiral downward causing additional pressure to liquidate other simliar portfolios. Sub-prime mortgages react to market conditions different than high-quality and liquid mortgage-backed bonds, and are more akin to "junk" corporate bonds in fluctuation and liquidity.

Shepherd Smith and Edwards is a securities law firm which represents investors nationwide in claims against investment firms. To learn whether our firm can assist you or your firm, contact us to arrange a free confidential consultation with one of our attorneys.

February 28, 2007

U.S. Bankruptcy Court Says Bear Stearns Must Pay More Than $125 Million for Collapsed Hedge Fund Fiasco

Bear Stearns Securities Corp. is being ordered to pay over $125 million to a bankruptcy trustee because of Manhattan Investment Fund, a collapsed hedge fund used by hedge fund principal Michael Berger to run a large scale fraudulent investment scam. The ruling was issued on February 15 by the U.S. Bankruptcy Court for the Southern District of New York.

Berger, who was a fugitive and a convicted felon, had created and used the fund through his company, Manhattan Capital Management Inc., to engage in fraud—an action that led to a number of regulatory and criminal actions. The SEC had even filed a securities fraud complaint against MCM, Berger, and Manhattan Investment Fund in January 2000, even obtaining an asset freeze. Two months later, Helen Gredd, the fund’s receiver, filed for Chapter 11 bankruptcy on the fund’s behalf.

According to the court, the fund made 18 transfers, worth approximately $141.4 million in total, in the year before filing for bankruptcy. Funds were transferred from Bank of Bermuda to a Bear Stearns-maintained account with Citibank. The funds were then transferred to a Bear Stearns account and used for securities trading.

Bear Stearns had put the fund on “closing only” status in January 2000-which meant that no new positions could be opened, until existing positions were closed out, and no money could be withdrawn. After Berger confessed to fraud, Bear Stearns closed out any remaining short positions in the account, using money in the accounting to complete the process.

In acting as the fund's main broker, said Judge Borton Lifland last January, Bear Stearns had facilitated short-selling activities over the last several months of the fund's operations. Lifland granted the motion by the trustee for summary judgment in her efforts to recover $141.4 million in margin payments that were deposited into Manhattan Investment Fund’s account at Bear Stearns. Lifland says that Bear Stearns clearly was “on inquiry notice of Berger's fraud" before the fund's collapse” and neglected to act diligently and in a timely fashion. Lifland also says that Bear Stearns made about $2.4 million in revenues for services to the fund.

Because Bear Stearns had complied with the trustee’s request to wire $16,288,846.46, which was what remained in the fund’s account, to the fund’s bank account with Chase Manhattan, the final judgment earlier this month was directed that amount, which Bear Stearns had given back to the trustee prior to litigation be subtracted from the $141 million amount so that there would be no double recovery.

Shepherd Smith and Edwards represents clients who have been the victim of securities fraud. To schedule a free consultation, contact Shepherd Smith and Edwards today. We have offices in New York, Phoenix, San Francisco, Chicago, Dallas, New Orleans, Houston, and Mexico City.


Related Web Resources:

Bear Stearns

Hedge Funds, Hedge World

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