-------- Original Message --------
| Subject: | | 11.10.11 | Legal liability mounting for top banks |
|---|---|
| Date: | Thu, 10 Nov 2011 09:02:41 -0500 (EST) |
| From: | FierceFinance <editors@fiercefinance.com> |
| Reply-To: | editors@fiercefinance.com |
| To: | nbrauchitsch@yahoo.com |
Today's Top Stories Also Noted: Epicor Slideshow: Top 10 banks using social media Social media has exploded as a way for companies--banks included--to communicate with customers, spread corporate news and promote events and specials. FierceFinance has compiled a list of the top 10 most popular banks, according to their number Facebook and Twitter users. Check out the slideshow to see if your bank made the cut. News From the Fierce Network:
Today's Top News1. ETFs to the rescue of emerging market hedge funds
Hedge funds bailed out of emerging markets in September, driven in part by heightened redemptions. That helped spark a large decline in most of the emerging market indexes. The Barclay Emerging Markets Index, for example, fell nearly 8 percent in September, the worst since October 2008, according to TrimTab. That all occurred in tandem with $5 billion in hedge fund redemptions. Had some of these funds been able to stay invested, they would have fared okay, thanks largely to exchange traded funds (ETFs), which enjoyed massive inflows recently. Over the past month, investors have poured money into emerging market ETFs, including the MSCI Emerging Markets Index Fund and the Vanguard MSCI Emerging Markets ETF. That has coincided with a ferocious rebound in ETF indexes as of late. At least one index is up 20 percent over the last month or so. This suggests yet again that ETFs are now large enough to dominate markets at times. Limited partners in emerging market hedge funds have no doubt taken note. Some may be inclined to at least think about using ETFs instead of hedge funds for this sort of exposure. Certainly, they offer a lot more flexibility, though not the leverage. In any case, the heft and influence of ETFs continue. More institutions may decide to jump in sooner rather than later. For more: Related articles: Read more about: Hedge Funds, ETFs, leverage, investors
2. Big banks lose money on majority of Q3
Just how tough was the trading environment in the third quarter? Pretty bleak judging by recent financial disclosures about trading days and profitability. Morgan Stanley suffered trading losses on 31 days in the third quarter, the most since the 2008 crisis. Goldman Sachs lost money on 21 days. Bank of America lost money on 20 days. And JPMorgan lost money on 16 days. The trading environment, despite a pop in volume due to the European crisis, was punishing to say the least, and the results were reflected in dismal earnings reports for the third quarter. Were it not for some offsets from debit valuation adjustments, the picture would have been even more bleak. The environment remains weak, but perhaps not as bad. One rough indicator is that hedge funds fared better in October, which might translate into better performance and higher volumes at top banks. You do have to wonder what the near-term future holds. At some point next year, the Volcker Rule will kick into effect, and that might make huge gains on many days in a quarter more rare. The goal of course is to make agency trades the main source of revenue. As things stand now, agency commissions are welcome but the banks are all hoping for big gains on the proprietary positions, apart from hedging and pure market making activity. That will likely reduce profits. But there are a lot of unknowns still as the final rules are hashed out. For more: Related article: Read more about: Hedge Funds, Bank of America, Goldman Sachs, banks 3. Credit Suisse to turn over names to IRS
Are we in for a replay for the UBS drama over Americans using Swiss bank accounts to hide assets for tax purposes? We knew all along that the U.S. government was taking steps to pry the names of possible tax evaders from vaunted Swiss banks, which once were synonymous with secrecy. That was a long time ago. It's now clear that a numbered account in a Swiss bank is no guarantee of anonymity or safe harbor from the reach of U.S. law. The latest development: Credit Suisse has confirmed reports that it has begun informing American clients that that the bank will reveal their names to U.S. tax authorities. According to the Financial Times, it is unclear exactly how many clients had been notified. "Credit Suisse stressed that customer names had been revealed after a formal request from the US authorities to the Swiss government, based on a double tax treaty that allows legal co-operation in certain cases," according to the FT article. The bottom line is that anyone who has an account ought to prepare to come clean or defend their use of it. After the UBS controversy erupted two years, some clients of other Swiss banks may have started shifting assets elsewhere in anticipation of the government's move against other Swiss bank. But the IRS has requested information on account holders from 2002 to the present. Recall that in the UBS case, more than 4,000 account names were turned over to the government, ensnaring Americans from all walks of life. We'll likely see replays of this activity at other Swiss banks, which have been collectively negotiating with U.S. authorities. For more: Related article: Read more about: UBS, Swiss Banks, Swiss Government, Tax Authorities 4. Legal liability mounting for top banks
The legal liability of the top 17 banks went up measurably when the Federal Housing Finance Authority, created to oversee the big GSEs, sued in September, accusing the banks of misrepresenting the quality of billions of dollars worth of consumer mortgages. We're starting to get a glimpse of just how much risk that suit represents. Goldman Sachs, for example, has disclosed that it is liable for "reasonably possible" losses of $2.6 billion, up from $2 billion a quarter earlier. That risk stems from suits filed against the bank that cover $15.8 billion in mortgages. The FHFA's suit covers about $11.1 billion of that total. Reuters notes that many entities have rushed to sue just recently to beat a statute of limitations expiration date. Other banks also face some large burdens. Morgan Stanley recently disclosed that it faced a new suit by investors charging that it sold defective mortgage bonds. Of course it will be years before all this is settled. The FHFA suit alone, which covers $200 billion in soured mortgages, is a legal sprawl already. The judge overseeing the case has asked for the 17 banks to come up with a plan that would allow for a streamlined resolution. One gets the feeling that it will drag on, as such cases tend to do. It will be interesting to see the extent to which banks hike their reserves for the third quarter. It would be wise to be conservative in its loss estimates, though they might not be able afford to be too conservative while earnings are so weak. For more: Read more about: Morgan Stanley, Goldman Sachs, earnings, losses 5. Rajaratnam finds ways to stay in the news
Raj Rajaratnam has kept his name in the headlines since he was found guilty of insider trading and sentenced to 11 years of hard time. He will not be serving his sentence with Bernard Madoff after all. Perhaps not a single federal prison is large enough for the both men. Rajaratnam, as first reported by Bloomberg, has been assigned by the Bureau of Prisons to the Federal Medical Center Devens in Ayer, Mass., about 40 miles from Boston. It is unclear why the bureau chose Devens. The federal judge who presided over Rajaratnam's trial had suggested that Rajaratnam be sent to Butner in North Carolina, where Madoff is serving his time. In any case, Rajaratnam will not have to surrender until December 5, about week later than originally scheduled. No reason was given. He has lot to grapple with as he prepares for hard time. The SEC's $93 million fine, the largest ever for insider trading, was surprising and will throw a wrench in his financial planning. He needs funds to finance his appeals process. In addition to all this, the case against his former friend Rajat Gupta, a former Goldman Sachs director who has been charged with insider trading-related fraud, continues. Investigators have told a judge that they would like to question Rajaratnam's brothers in connection with the Gupta case. You have to ponder Rajaratnam's role in this. He might be questioned in connection with the case by one or both sides. All in all, we doubt he'll exude the same kind of media gravity that Bernard Madoff did. The Ponzi Scheme legend set a very high bar. For more: Related articles: Read more about: Goldman Sachs, insider trading, fraud, Investigators Also Noted
SPOTLIGHT ON... Yelp hires banks to lead IPO The Groupon underwriters ended up faring well. Not as well as they would have if the original deal went through, but you will not hear the banks complaining. Morgan Stanley fared best, making $17.4 million. Goldman Sachs made $8.7 million, and Credit Suisse, $3 million. All told, the 14 underwriters made $42 million, according to data from S&P. The positive vibes are again emanating from the market, which has prompted Yelp to hire banks to lead an IPO. Article Company News: > JC Flowers holding cash. Article Industry News:
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