NEW YORK -- The New York attorney general's office has hit
JPMorgan Chase with a civil lawsuit, alleging that investment bank Bear
Stearns - prior to its collapse and subsequent sale to JPMorgan in 2008 -
perpetrated massive fraud in deals involving billions in residential
mortgage-backed securities.
The lawsuit is the first to be filed
under the auspices of the RMBS Working Group, which was set up by
President Obama to investigate and prosecute alleged misconduct that
contributed to the financial crisis.
New York-based JPMorgan said
it intends to contest the allegations. Spokesman Joseph Evangelisti
noted that the lawsuit relates solely to alleged actions by Bear Stearns
prior to its takeover by JPMorgan in May 2008.
In the lead-up to
the financial crisis, subprime mortgages were sold to people with
less-than-ideal credit. Many of them defaulted on their loans when the
housing bubble burst and their introductory "teaser" interest rates
skyrocketed.
Because many of those mortgages had been sliced and
repackaged as securities that could be bought and sold - known as RMBS -
the mass defaults led to huge losses at large U.S. banks and other
financial firms, helping fuel the global economic meltdown.
New
York Attorney General Eric T. Schneiderman is alleging that Bear Stearns
led its investors to believe that the loans in its RMBS portfolio had
been carefully evaluated and would be continuously monitored. Bear
Stearns failed to do either, resulting in investors buying securities
backed by mortgages that borrowers couldn't repay and defaulted on in
huge numbers, Schneiderman alleges.
The complaint further alleges
that even when Bear Stearns executives were made aware of the problems,
the firm failed to correct its practices or disclose material
information to investors. The executives routinely overlooked negative
findings and continued to package the loans into securities for sale to
investors, it says.
Investors have so far lost $22.5 billion on
more than 100 subprime securities that Bear Stearns issued in 2006 and
2007, according to the complaint. That's over one-quarter of the
original principal balance of $87 billion. The lawsuit seeks injunctive
relief, damages and payment of restitution to investors for "fraudulent
and deceptive acts."
"We're disappointed that the NYAG decided to
pursue its civil action without ever offering us an opportunity to rebut
the claims and without developing a full record - instead relying on
recycled claims already made by private plaintiffs," JPMorgan's
Evangelisti said in a statement.
"We will nonetheless continue to
work with members of the president's RMBS Working Group and are fully
cooperating with their inquiries," he added.
Bear Stearns teetered
on the verge of bankruptcy in early 2008 after its two hedge funds
imploded, costing investors $1.8 billion and kicking off the domino
effect that led to the 85-year-old bank's demise. With the backing of
the New York Federal Reserve, JPMorgan bought the ailing investment bank
for about $2.3 billion.
Associated Press