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MailTribune.com
  • JPMorgan fined $920 million for trading losses

    Largest bank in U.S. admits fault in weak oversight of traders during 2008 crisis
  • WASHINGTON — The financial penalty is staggering. JPMorgan Chase & Co. will pay $920 million for trading losses that shook the financial world last year.
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  • WASHINGTON — The financial penalty is staggering. JPMorgan Chase & Co. will pay $920 million for trading losses that shook the financial world last year.
    But the bigger price may be a few words rarely uttered in settlements with U.S. regulators: The nation's largest bank is also admitting wrongdoing.
    JPMorgan's acknowledged failure of oversight in the $6 billion trading loss is a first for a major company since the Securities and Exchange Commission reversed its longstanding practice of allowing firms to pay fines without accepting fault.
    The admission, made Thursday as part of a broad settlement with U.S. and U.K. regulators, could leave the bank vulnerable to millions of dollars in lawsuits. The legal burden of proof in such private litigation is lower than in cases brought by the government.
    "The floodgates are opening," said Anthony Sabino, an attorney and business professor at St. John's University in New York. "This is the kind of thing plaintiffs' lawyers salivate over."
    Regulators said JPMorgan's weak oversight allowed traders in its London office to assign inflated values to transactions and cover up huge losses as they ballooned. Two of the traders are facing criminal charges of falsifying records to hide the losses.
    Combined, the bank will pay one of the largest fines ever levied against a financial institution: $200 million to the SEC, $200 million to the U.S. Federal Reserve, $300 million to the U.S. Office of the Comptroller of the Currency, and $220 million to the U.K. Financial Conduct Authority.
    As part of the SEC settlement, JPMorgan acknowledged that it violated securities laws in failing to keep watch over traders.
    The U.S. Justice Department is still investigating the bank for possible criminal violations. And there could be more action to come from the SEC.
    By requiring the bank to accept some blame, regulators hope it will warn other companies to think twice before taking extreme risks that threaten the broader financial system.
    The SEC had faced sharp criticism for taking too soft an approach with its enforcement after the 2008 financial crisis. Banks accused of misleading investors about risky investments ahead of the crisis, including Goldman Sachs, JPMorgan and Citigroup, were allowed to pay fines without admitting or denying fault — a long-standing policy at the SEC.
    But that changed with Chairman Mary Jo White. She took over at the agency this year and vowed to end the practice in extreme cases. Now, financial companies face the prospect of either admitting wrongdoing in a settlement or fighting the SEC in court.
    "Clearly the tide is changing," said Mark Williams, a finance professor at Boston University and former bank examiner for the Federal Reserve. "There's definitely a toughness that's coming out of these settlements."
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