By Karen Freifeld
NEW YORK, Oct 1 (Reuters) - New York Attorney General Eric
Schneiderman filed a civil fraud lawsuit against JPMorgan Chase
& Co on Monday over mortgage-backed securities packaged and sold
by Bear Stearns.
It was the first action to come out of a working group
created by President Barack Obama earlier this year to go after
wrongdoing that led to the financial crisis.
JPMorgan, which bought Bear Stearns for $10 a share in March
2008, said in a statement it would contest the allegations.
The suit accuses Bear Stearns of failing to ensure the
quality of loans underlying residential mortgage-backed
securities it packaged and sold in 2006 and 2007. Investors lost
more than $22.5 billion on more than 100 of those securities, or
one-quarter of their original value, the lawsuit said.
The lawsuit said there were "serious long-standing concerns"
about the quality of reviews done by Bear Stearns, and that
defects uncovered among the loans sold to investors were largely
ignored.
The due diligence process was compromised "in order to
increase their volume of securities", the complaint says.
It also alleged a "systematic abandonment of underwriting
guidelines".
JPMorgan noted in its statement that the allegations concern
actions by Bear Stearns before the investment bank was acquired
by JPMorgan.
"The NYAG civil action relates to Bear Stearns, which we
acquired over the course of a weekend at the behest of the U.S.
Government. This complaint is entirely about historic conduct by
that entity," the statement said.
SIMILAR CASES TO FOLLOW
Schneiderman, a co-chair of the working group, told Reuters
on Sept. 20 that his office would take action shortly and that
he expected federal authorities to do so as well.
People familiar with the matter said a federal-state
announcement was planned for Tuesday and Schneiderman's filing
the case on Monday appears to have irked his federal colleagues.
Two federal officials familiar with the investigation said
that while the lawsuit was brought under New York State law,
much of the investigation was handled at the federal level.
Schneiderman's lawsuit, filed in New York State Supreme
Court in Manhattan, was based on the Martin Act, New York
State's powerful securities fraud statute, which does not
require proof of intent to deceive.
Similar cases against other banks will follow, according to
a person familiar with the lawsuit.
This is not the first time Bear Stearns has emerged as a
central figure in the financial crisis. In June 2008, two former
Bear Stearns hedge fund managers were charged by federal
prosecutors with lying to investors about the financial health
of their funds, which had invested heavily in mortgage
securities backed by subprime loans.
The managers were acquitted in a case that still stands as
one of the few criminal prosecutions against Wall Street bankers
to emerge from the financial crisis.
Monday's lawsuit comes in a tumultuous year for JPMorgan and
Chief Executive Jamie Dimon. Federal authorities are currently
investigating a nearly $6 billion trading loss in JPMorgan's
chief investment office. Last month, U.S. power regulators asked
the bank to demonstrate that it did not violate federal
regulations by submitting misleading information and omitting
facts in dealings with the regulator and California's
electricity grid operator.
The Residential Mortgage-Backed Securities Working Group was
formed to probe the pooling and sale of risky mortgages in the
run-up to the 2008 financial crisis.
Obama, who is scheduled to debate his Republican rival Mitt
Romney on Wednesday night, said in January he was creating the
group to "hold accountable those who broke the law" and to "help
turn the page on an era of recklessness".
The task force includes the Justice Department, the
Securities and Exchange Commission, the Department of Housing
and Urban Development and the Internal Revenue Service.
The case is People v. J.P. Morgan Securities LLC,
451556/2012 New York state Supreme Court (New York County).
(Additional reporting by Aruna Viswanatha)
Follow us on Twitter @ReutersLegal | Like us on Facebook