April 24, 2024

Bank of New York Mellon Unit Settles Madoff Lawsuits

Authorities have reached a $210 million settlement with a BNY Mellon subsidiary, Ivy Asset Management, for advising clients to invest with Bernard L. Madoff, whose multibillion-dollar fraud landed him in federal prison, New York’s attorney general, Eric T. Schneiderman, said Tuesday.

The settlement of suits filed by the attorney general, the Labor Department and private plaintiffs also provides for about $9 million in payments by other defendants. Combined with anticipated future payments from Madoff bankruptcy proceedings, Mr. Schneiderman said the settlement was expected to return nearly all of the original investments to those who were defrauded, including union pension funds from upstate New York.

“Ivy Asset Management violated its fundamental responsibility as an investment adviser by putting its own pecuniary interests ahead of the interests of its clients,” Mr. Schneiderman said. “Ivy deliberately concealed negative facts it uncovered in its due diligence of Madoff in order to keep earning millions of dollars in fees. As a result, its clients suffered massive and avoidable losses.”

BNY Mellon did not immediately reply to requests for comment.

Between 1998 and 2008, authorities said, Ivy was paid more than $40 million to give advice and conduct due diligence for clients with large Madoff investments.

Michelle Hook, a spokeswoman for Mr. Schneiderman, said the losses included about $138 million by the 78 pension funds and most will be recovered.

Internal Ivy documents showed the firm had deep but undisclosed reservations about Mr. Madoff, authorities said. Its clients lost more than $236 million after Mr. Madoff’s Ponzi scheme collapsed.

In 2010, Andrew Cuomo, then the New York attorney general, filed a civil complaint, alleging fraudulent conduct by Ivy in connection with securities sales and breach of fiduciary duty, violations of the state’s Martin Act.

Ivy said then that its advisers raised questions about Mr. Madoff with clients and urged them to reduce their positions.

Authorities have said Mr. Madoff’s Ponzi scheme cost investors an estimated $17.3 billion.

Mr. Madoff pleaded guilty in 2009. He is serving a 150-year prison sentence in Butner, N.C.

Article source: http://www.nytimes.com/2012/11/14/business/bny-mellon-unit-settles-madoff-lawsuits.html?partner=rss&emc=rss

Two States Ask if Paperwork in Mortgage Bundling Was Complete

The investigation is being led by Eric T. Schneiderman, the attorney general of New York, who has teamed with Joseph R. Biden III, his counterpart from Delaware. Their effort centers on the back end of the mortgage assembly lines — where big banks serve as trustees overseeing the securities for investors — according to two people briefed on the inquiry but who were not authorized to speak publicly about it.

The attorneys general have requested information from Bank of New York Mellon and Deutsche Bank, the two largest firms acting as trustees. Trustee banks have not been a focus of other investigations because they are administrators of the securities and did not originate the loans or service them. But as administrators they were required to ensure that the documentation was proper and complete.

Both attorneys general are investigating other practices that fueled the mortgage boom and subsequent bust. The latest inquiry represents another avenue of scrutiny of the inner workings of Wall Street’s mortgage securitization machine, which transformed individual home loans into bundles of loans that were then sold to investors.

It follows months of sharp criticism of the mortgage foreclosure process, which produced an uproar last year over shoddy paperwork and possible forgeries of legal documents by banks, other lenders or their representatives.

The slipshod practices in foreclosures led to further questions about whether all the necessary documents were delivered to the trusts and properly administered by them.

Some of the nation’s biggest mortgage servicers are currently in negotiations with a group of state attorneys general to settle an investigation into foreclosure abuses. The new inquiry by New York and Delaware indicates the big banks’ troubles may not end even if a settlement is reached in the foreclosure matter.

The stakes are potentially high. If the trustees did not follow the rules set out in the prospectus, they may be liable for breaching their duties to investors who bought the securities. That could expose the banks to costly civil litigation.

Spokesmen from Bank of New York and Deutsche Bank declined to comment about the investigation, as did representatives from the offices of both attorneys general.

A complex process that produced hundreds of billions of dollars in securities during the lending boom, the issuance of mortgage securities began with home loans, which were then bundled into investments and sold to pension funds, mutual funds, big banks and other investors. The bundles were created as trusts overseen by institutions such as Bank of New York and Deutsche Bank; they were supposed to make sure the complete mortgage files for each loan were delivered within a specified time and with the proper documentation.

After the securities were sold, the trustees disbursed interest and principal payments to investors over the life of the trusts.

The trusts were governed by the laws of the states in which they were set up. Roughly 80 percent of the trusts are governed by New York law with the rest by Delaware law.

The rules governing the securitization process are labyrinthine, and there are steps required if the investment is to comply with tax laws and promises made by the issuer in its offering document. If the trusts did not comply with tax laws, for example, the beneficial treatment given to investors could be rescinded, causing taxes to be levied on the transactions.

The terms of these mortgage deals varied, but many of them required that the trustee examine each of the loan files as soon as they came in from the Wall Street firm or bank issuing the security. For a file to be complete, it would typically have to include all of the information necessary to establish a chain of ownership through the various steps of the bundling process, as when the originator transferred it to the issuer of the security who then moved it to the trustee.

Complete loan files were supposed to be delivered to the trusts within 90 days in most cases. If the trustee found any missing or defective documents, it was supposed to notify the loan originator so that it could either cure the deficiency or replace the loan. Such substitutions are typically allowed only in the early years of the trust.

By asking for documents relating to this process, investigators are trying to determine if the trustees fulfilled their obligations to the investors who bought the mortgage deals, according to the people briefed on the inquiry.

Article source: http://feeds.nytimes.com/click.phdo?i=d616be2d3549b56107c3c1d674e4b119

New York Sues Over a Drilling Rules Plan

The suit, filed in United States District Court in Brooklyn by Eric T. Schneiderman, the New York attorney general, involves the Delaware River Basin Commission, a regional regulatory agency. Made up of the governors of New York, Pennsylvania, New Jersey and Delaware and a federal representative from the Army Corps of Engineers, it is preparing to issue regulations intended to bring some uniformity to the rules applied to a controversial type of gas extraction that combines horizontal drilling with hydraulic fracturing, or hydrofracking.

The method involves pumping water, sand and chemicals deep underground under high pressure to free pockets of gas from dense rock formations. The agency estimates that there could one day be more than 10,000 wells in the Delaware River Basin, a 13,500-square-mile expanse that includes a portion of the New York City watershed and reaches into parts of Broome, Chenango, Delaware, Schoharie, Green, Ulster, Orange and Sullivan Counties.

Mr. Schneiderman argued that the agency should not be drafting its own rules without the benefit of a comprehensive environmental impact study like the one that New York is conducting before hydrofracking is allowed in the state. The lawsuit takes the Army Corps and other federal agencies to task for resisting such a study, saying it is required by federal law.

“Before any decisions on drilling are made, it is our responsibility to follow the facts and understand the public health and safety effects posed by potential natural gas development,” Mr. Schneiderman said in a statement.

The Army Corps of Engineers had no comment on the suit, but in a recent letter to Mr. Schneiderman, Brig. Gen. Peter A. DeLuca of the Army Corps argued that the federal law requiring an environmental study does not apply to the commission because the regional body is not a federal agency. He also noted that other comprehensive studies were under way, including one by the Environmental Protection Agency, to determine the possible impact of hydrofracking on water quality.

Hydrofracking is a hot-button issue in a state that gets much of its drinking water from the very area sought for exploration by natural gas companies. On Friday, officials in the administration of Gov. Andrew M. Cuomo directed the State Department of Environmental Conservation to expand its review of hydrofracking to include an inspection of a recent natural gas well spill in Bradford County, Pa., that discharged thousands of gallons of water containing hydrofracking materials into a nearby creek.

(The Department of Environmental Conservation is scheduled to issue its revised draft rules for new drilling on July 1. A period for public comment will follow.)

Officials with the Delaware River Basin Commission have emphasized that any new regulations it issues would actually supplement what states are already doing to ensure that natural gas extraction is done safely. The commission’s focus is on drilling activities like wastewater disposal that member states do not address with the same authority, they add. Environmental groups welcomed the lawsuit, saying that more study is required to ensure regulatory consistency.

Article source: http://feeds.nytimes.com/click.phdo?i=1d955ef3aec41bd8f12068b5e176a425

In Foreclosure Settlement Talks With Banks, Predictions of a Long Process

The nation’s top mortgage servicers met Wednesday in Washington with the attorneys general from five states as well as Obama administration officials, beginning negotiations in earnest over new rules for homeowners who are in default.

The one thing everyone seemed to agree on was that an agreement was going to take time.

“We have a long way to go,” Iowa Attorney General Tom Miller, who is leading the effort from the states’ side, said after the afternoon session broke up.

“Obviously this is a very large set of issues, and it’s going to take some time to work through,” Thomas J. Perrelli, associate United States attorney general, said.

The quest to secure new foreclosure rules, which began last fall after the banks were shown to be breaking the rules as they pursued evictions, may be slow but it is playing out in public. When the effort was started, every attorney general signed on, but the coalition has begun to fracture.

Several Republican attorney generals are accusing their colleagues of overreaching in their attempt to bring the banks under control, while at least one Democrat, Eric T. Schneiderman, the New York attorney general, has expressed concern that any deal would immunize the banks from future legal action.

After Wednesday’s meeting, Mr. Schneiderman said through a spokesman that he remained worried about “providing broad amnesty to servicers.”

The banks at the meeting were Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and GMAC. A spokeswoman for GMAC, which is partly owned by taxpayers as a result of failing during the recession, called the session “productive and useful” but added it was “an extremely complex topic.” The other banks declined to comment.

Lengthy negotiations work to the banks’ advantage, critics say.

“The banks’ strategy is to run the clock,” a Georgetown University law professor, Adam Levitin, said. “The chances of a settlement that meaningfully reforms mortgage servicing and makes the banks pay an appropriate price for illegal conduct are rapidly slipping away.”

The government negotiators may receive some support from the imminent release of a report by banking regulators. The report, based on investigations conducted over the winter, is expected to establish what many households in default knew long ago: that banks cared little for the legal niceties governing foreclosure, exacerbating the troubles of millions at a particularly vulnerable point of their lives.

In addition, the report is expected to show that bank employees were poorly trained, that they let law firms and other third party contractors run wild, and that they had little interest in keeping people in their houses.

Lenders say they have fixed these problems, and that few if any homeowners were evicted who did not deserve it. But as recently as a few weeks ago, a major bank, HSBC, which is based in London, was forced to suspend foreclosures when regulators found a number of deficiencies.

Enforcement action is expected to follow the release of the report by the Federal Reserve, the Office of the Comptroller of the Currency and other banking regulators. Those fines and penalties would be separate from any monetary settlement that results from talks with the state attorneys general.

The banking regulators were not present at Wednesday’s all-day meeting.

About two million households are in foreclosure, and another two million are in severe default. Data released this week by an analytics firm, LPS Applied Analytics, showed that banks were making some progress with modifications but that foreclosure was becoming, for better or worse, a permanent state for many families.

The government proposals require homeowners in foreclosure to be treated on an individual basis and would put in place a variety of measures that would encourage banks to modify mortgages rather than evict.

“I’m really hopeful something comes out of this,” said Jay Speer of the Virginia Poverty Law Center. “It’s starting to look like the last chance for real reform. The Virginia legislature still has this amazing allegiance to the big banks.”

If the negotiations are being conducted behind the scenes, the banks and their supporters are openly waging a battle for popular sentiment. The banks are presenting themselves as champions of those homeowners who might be hostile to the idea of someone in default getting an undeserved break.

Banks say cutting the mortgage debt of foreclosed families into something more bearable creates issues of moral hazard — that people will default to get a better deal.

Even as JPMorgan Chase representatives were meeting with the task force, the bank’s chief executive, Jamie Dimon, was rejecting the idea of writing down delinquent balances.

“Yeah, that’s off the table,” Mr. Dimon told reporters after a United States Chamber of Commerce forum in Washington.

His comments echoed previous remarks by other bankers, including the Wells Fargo chief executive John G. Stumpf, who said “it makes no sense” to entice people not to pay their debts.

Four Republican attorneys general wrote a letter last week to Mr. Miller of Iowa, expressing concern with the “scope, regulatory nature and unintended consequences,” of the settlement proposals, particularly with the question of principal reductions. The attorney general of Virginia, Kenneth T. Cuccinelli, one of the signatories, was invited to Wednesday’s session to allay his concerns.

Critics of the banks say the entire issue is a red herring, and that principal writedowns are not such a gift that people would default to get them.

“Moral hazard is being invoked by the banks and their defenders as an excuse to do nothing, rather than out of any real concern for fairness,” Mr. Levitin said.

Article source: http://feeds.nytimes.com/click.phdo?i=3fe09686fd0c31a457fc92f4fa5fbec6