NEW YORK, Feb 1 (Reuters) - In a rare criminal
prosecution to emerge from the financial crisis, two former
Credit Suisse traders admitted on Wednesday to conspiring to
manipulate the value of about $3 billion in subprime
mortgage-backed securities in order to hide losses as the U.S.
real estate market began to collapse in 2007.
The men, London-based David Higgs, 42, and Salmaan Siddiqui,
36, of McLean, Virginia, pleaded guilty in U.S. district court
in New York to a criminal charge of conspiracy to falsify books
and records and commit wire fraud.
Their one-time boss, Kareem Serageldin, 38, a U.S. citizen
who lives in Britain, faces the same conspiracy charge and
additional charges of falsifying books and records and wire
fraud. Federal prosecutors said they do not consider Serageldin
a fugitive even though he has yet to appear in the United States
to answer to the charges.
There have been few prosecutions of individuals at
high-profile banks for conduct that contributed to the financial
crisis, but the Obama administration says it is stepping up
investigations over the collapse of the subprime housing market.
Beginning in the fall of 2007, the three men and others
began to manipulate the bond markets to alter Profit and Loss
(P&L) numbers, according to phone calls recorded under Credit
Suisse policy, the indictment of Serageldin said.
"If you want (P&L) to be a big number let me know what you
want, then I'll just go through it with (Higgs) because
obviously I can move things back to where they were ... if
you're looking for a big number today..." one of the traders
said in a Sept. 13, 2007 phone call with Seragaldin, the
indictment said.
The investigation stems from $2.85 billion in writedowns
that Credit Suisse took on collateralized debt obligations in
2008. Credit Suisse revealed those CDO losses in early 2008 and
blamed them on a group of rogue traders who deliberately
mispriced securities and on a failure of internal controls.
Credit Suisse was not charged in the case. A spokesman for
the bank declined to comment on Wednesday. The company has
cooperated with the government's investigations.
Separately, the U.S. Securities and Exchange Commission
filed civil charges against Serageldin, Higgs, Salmaan Siddiqui
and a fourth trader, Faisal Siddiqui. The Siddiquis are not
related.
Serageldin's lawyer, James McGuire, said his client
"believes he has done nothing wrong and nothing illegal."
McGuire said that over a four-year-long investigation,
Serageldin had fully cooperated with authorities in Britain and
the United States, including five or six interviews.
"The indictment comes as some surprise to us."
A lawyer for Faisal Siddiqui could not immediately be
reached to comment. Higgs' lawyer declined comment after his
court appearance and Salmaan Siddiqui's lawyer said his client
had been cooperating with the probes for some time.
Robert Khuzami, head of the SEC's enforcement division, said
in a statement that "the senior bankers falsely and selfishly
inflated the value of more than $3 billion in asset-backed
securities in order to protect their bonuses and, in one case,
protect a highly coveted promotion."
In the case of Higgs and Salmaan Siddiqui, federal
prosecutors brought a single conspiracy charge carrying a
maximum prison term of up to five years, but not a charge of
securities fraud, which carries a prison term of up to 20 years.
The additional substantive charge brought against Serageldin
does carry a maximum possible prison term of 20 years.
Serageldin had been managing director/global head of structured
credit at Credit Suisse in charge of Higgs and other traders.
"While the housing market was collapsing, the defendants
profited, not by correctly predicting the trend, but by cooking
the books," FBI Assistant Director in Charge Janice K. Fedarcyk
said in a statement.
Higgs told a federal judge that while he was a managing
director in the investment banking division of Credit Suisse in
London in 2007 and 2008, he and others manipulated and inflated
the cash bond position markings of a trading book, called ABN1,
to hide losses.
"As a result of my actions, senior management of Credit
Suisse was given the false impression that the ABN1 book was
profitable and caused Credit Suisse to report false year-end
numbers for 2007 in their books and records," Higgs said in
court.
He said he altered the records because he wanted to remain
in good favor with Serageldin and "enhance" his job performance.
He said he stood to receive a year-end bonus. Salmaan Siddiqui,
at a separate plea proceeding, told a similar story about the
way the traders falsified records.
The indictment said that Serageldin directed the scheme to
improve his job performance and make him eligible for bonuses
and promotion. His 2007 bonus was more than $1.7 million and his
Incentive Share Unit Award was more than $5.2 million, the
office of Manhattan U.S. Attorney Preet Bharara said. The $5.2
million was rescinded by Credit Suisse.
Bharara said on a conference call with reporters that
Serageldin is not considered a fugitive, but the government
would extradite him if necessary to face the charges.
"It is a tale of greed run amok, piggybacking on one of the
worst economic dislocations our nation has ever experienced,"
Bharara said.
Officials said the victims in this case were really the
shareholders of Credit Suisse because Credit Suisse's
proprietary positions had been manipulated.
Higgs, who apologized for his conduct, said in court that
his boss and others had known about the manipulation and
assisted in it. He looked dejected and spoke quietly in
describing his conduct to U.S. District Judge Alison Nathan.
Higgs and Salmaan Siddiqui were released on $500,000 bond
each. Higgs will be allowed to return to his home in Britain
while the investigation continues.
In court, Higgs said traders were required to price
securities that they held on a mark-to-market basis of the
current market price of the asset or liability or similar assets
or liabilities, according to accounting standards and the bank's
policy.
Beginning in 2007 when the U.S. real estate market slumped
and mortgage delinquencies increased, the value of securities
backed by mortgages decreased and the market lost its liquidity.
Higgs told the judge that he and others manipulated the
records "rather than mark these securities down to market as we
were required to do."
The cases are USA v Higgs , U.S. District Court for the
Southern District of New York No. 12-00088; USA v Salmaan
Siddiqui , U.S. District Court for the Southern District of New
York No. 12-00089; USA v Kareem Serageldin, U.S. District Court
for the Southern District of New York, No. 12-00090; SEC v
Kareem Serageldin, David Higgs, et al U.S. District Court for
the Southern District of New York No. 12-0796.
For Serageldin: James McGuire of Mischcon de Reya.
For Higgs: John Brownlee of Holland & Knight.
For S. Siddiqui: Ira Lee Sorkin of Lowenstein Sandle.
For F. Siddiqui: Edward Hayes at Ed Hayes PC.
(Reporting by Grant McCool, Basil Katz and Sarah N. Lynch)
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