I mentioned this earlier when writing about the FCIC’s plan to refer individuals for potential criminal prosecution. But the Atlantic’s Teri Buhl has additional details about the Ambac lawsuit against the remnants of Bear Stearns. And it’s quite a doozy.
The mortgage traders at Bear, who now are spread out across the financial sector, sold purposefully bad securities to investors – emails revealed show that they told superiors they were selling “a sack of shit.” They got data on their pools of mortgages bundled up in securities deals that came back with high percentages of bad underwriting or even loans already slipping into default. They falsified that data for the rating agencies to get AAA ratings, never told the investors about the bad loans in the pools, and sold the shit as gold. But it gets worse.
But according to depositions and documents in the Ambac lawsuit, Bear’s misdeeds went even deeper. They say senior traders under Tom Marano, who was a Senior Managing Director and Global Head of Mortgages for Bear and is now CEO of Ally’s mortgage operations, were pocketing cash that should have gone to securities holders after Bear had already sold them bonds and moved the loans off its books [...]
According to the lawsuit, the Bear traders would sell toxic mortgage securities to investors and then sell back the bad loans with early payment defaults to the banks that originated them at a discount. The traders would pocket the refund, and would not pass it on to the mortgage trust, which was where it should have gone to be distributed to the investors who owned the bonds. The Marano-led traders also cut the time allowed for early payment defaults, without telling the bond investors. That way, Bear could quickly securitize defective loans, without leaving enough time for investors to do their own due diligence after the bonds were sold and put-back any bad loans to Bear.
They got paid by the investors for selling the mortgage-backed security, AND they got paid by the originator for taking back the bad loan. So Bear traders made money on the same mortgage twice. Only the investors could force a put-back on an originator after the security was sold – Bear Stearns didn’t have a legal claim on the loan after they sold it. They did so anyway.
There is no legal universe under the sun where that isn’t just criminal fraud and theft. Ambac eventually discovered that 80% of the loans in its MBS had an early payment default. They were corrupted and substandard from the moment they received them, so awful that Bear Stearns was forcing the bank to take them back – even though they didn’t own the loans.
This Ambac suit names the actual decision-makers, Marano and two others who are working at Goldman Sachs and Bank of America. JPMorgan, which now owns Bear Stearns, is named in the lawsuit as well, as a responsible party. It seems that this is a pretty standard repurchase lawsuit, but Ambac added accounting fraud to the claim to double the award owed to them. But there’s more to that story:
A public hearing is currently scheduled to be held by the New York State assembly regarding whether legal action should be brought against banks for misleading insurers about mortgage related securities. If approved, the New York Attorney General will likely be asked to bring criminal fraud charges against these banks. Now we must wait and see if JPMorgan will settle or go to trial — or if the bank tries to claw back tens of millions of dollars in pay from the former Bear executives.
This is precisely the kind of criminal prosecutions you will see in the FCIC referral. It’s endemic to the industry, which most resembles a criminal enterprise.





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David, your reporting today has been fantastic.
Thank you.
This is a big piece of news. If this does not make for the argument to bring about more regulatory measures and better enforcement of such measures, then we are sunk.
Great piece of news. But…
Civil suit will be settled out of court, with full confidentiality invoked.
Criminal prosecutions will never get off the ground, or if they do, the case will ultimately be dropped for “insufficient evidence”. Worst case scenario for the banksters: case goes to court where prosecutors deliberately throw the trial, and soon after retire to lucrative positions with Wall Street law firms.
Bottom line: (repeat after me): BANKSTERS ARE IMMUNE. BANKSTERS ARE IMMUNE.
Jamie Dimon’s in Davos and can’t hear you.
Just great work as usual, David.
I can’t wait till the day that the relentless tide of TRUTH uncovered and indefatigably communicated by you, Yves Smith, Matt Taibbi, William Black, et al. will finally overcome this institutionalized racketeering.
We need a special prosecutor.
Where are the investors in all this? Have they been filing cases?
Look forward, please.
Great work and reporting, but the sad reality is that no one will likely face criminal prosecution. If they do, they’ll walk with no jail time and a slap on the wrist. Bet the farm on it. If they had walked into a 7-11 and demanded cash from the till holding a 9MM, they’d pull 10-20 easily.
David,
Thank you for the reporting today and everyday. You break it down so it is easier to understand for us novices (I am speaking for myself here)
Teddy, you are right, we do need a Special Prosecutor, but the Repubs will go to the wall to stop that from happening.
Heh, since you didn’t finish your post, I’ll finish it.
ALL OF THESE ASSHOLES should be in prison.
A solid majority of this country’s problems would be solved if we simply returned to being a country of laws again. In my lifetime, a sitting President of the United States of America resigned from office because he knew he wasn’t above the law.
Today, anyone wearing a suit and tie and conducting “business” knows they’re above the law.
http://maxkeiser.com/2011/01/25/keiser-report-broke-this-story-first-with-teri-buhl/
Investors will file lawsuits, I hope. It’s our only hope that these f*ck stains get sued into oblivion.
It occurs to me that the banking oligarchy is so busy gorging itself in China that they may not be paying full attention to the exposure of their rear flank here in the US. Here’s everything you wanted to know about it but might have been afraid to ask put into plain English by Max Keiser. Seems we should aggressively press the advantage now. Of course, when the Chinese people realize they’ve been had, that will be another factor. Estimates as to when that occurs is the bursting of the land speculation bubble the Chinese government banks are trying to regulate right now (inflation apparently accelerating).
Bonus: “Xtranormal Cartoon Explains POMO” (Jan. 25, 2011)
David,
You missed the juiciest part: BearSterns (now JPM) then began to short the stocks of banks that purchased the Ambac-insured loans — with the full expectation that the bad mortgage pools would sink the insurer and therefore the banks would also lose significant market value. This is the mega-fraud case of the financial crisis!
And just think, JPM is one of the principal bank owners of the Federal Reserve. They were betting against the financial solvency of the banking system. In some lands, this would be called treason. Here it is called smart business.
http://www.zerohedge.com/article/jp-morgan-sold-investors-mbs-covered-sack-shit-loans-goldman-aig-redux
great cartoon.
Also, I think this is one of the best Keiser Reports as it captures how the Irish financial disaster is a preview of attractions coming in the US *and* China probably ripening in 2011.
Thanks David.
They need to clean house with am industry wide RICO suit. But with the majority of the folks in a position of authority on the take…. not gonna happen.
It’s a cold desperate winter for millions of ordinary people because of Wallstreet.
Breath-taking Zero Hedge link you got there.
From the end of the section at that link (taken from the deposition):
This is massive, mind boggling fraud. Set up your clients to buy crap, then bet that your clients will encounter economic distress (because of the crap you sold them).
Predatory and sociopathic don’t fully describe this kind of behavior. Monstrous.
Oh, insomnia…
This news seems so much more imperative than the predictable SOTU pablum.
But this is just Bear Stearns, who, along with Lehman, was one of two relatively small-fry patsies for the bailout.
Surely this fraud attributable to Bears Stearns was similarly perpetrated but on a much vaster scale by Goldman Sachs and JPMorgan Chase?…..