Citigroup to refund investors $285 million for mortgage-related CDO

Jacob Gaffney, Housing Wire

Citigroup (C: 29.39 0.00%) broker-dealer subsidiary sold investors on a $1 billion collateralized debt obligation tied to the housing market, while betting the CDO would default, according to the Securities and Exchange Commission.

Citigroup will return $285 million to investors of the CDO called Class V Funding III.

According to the SEC, Citi neither admits nor denies wrongdoing, in misleading investors on the $1 billion structured finance platform. The SEC said Citigroup Global Markets used its discretion when selecting the mortgages to be placed in the CDO and, thus, potentially knew the quality of the underlying collateral was subpar.

“Citigroup then took a proprietary short position against those mortgage-related assets from which it would profit if the assets declined in value,” the SEC alleges. “The CDO defaulted within months, leaving investors with losses while Citigroup made $160 million in fees and trading profits.”

The SEC then believes Citigroup purchased credit default swaps from Credit Suisse which would pay out in the event the CDO defaulted. According to emails reviewed by the regulator, one experienced CDO trader characterized the Class V III portfolio as “dogsh!t” and “possibly the best short EVER!” in an internal message.

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Analysis: Fannie and Freddie Didn’t Cause the Financial Crisis

The GOP’s ‘pre-buttal’ of the Financial Crisis Commission doesn’t ring true.

Michael Hirsch, National Journal

Many on the right still contend that Fannie Mae and Freddie Mac, the giant, quasi-governmental lending institutions, were the real cause of the 2008 financial crash. They insist that most of what went wrong can be laid to government housing policies, in other words. During the subprime mania, Fannie and Freddie ended up buying more subprime mortgage-backed securities than any other institution, abetted by the Bush administration, which gave them low-income credits to do so. This is what really drove the mania, many Republicans say. Indeed, the Financial Crisis Inquiry Commission appears to be headed into a raucous final few weeks of disagreement over this issue, with Republican members pledging not to support a final report that lays most of the blame on reckless deregulation and Wall Street.

Unfortunately for the blame-the-government crowd, the facts don’t bear out their conclusions. Yes, Fannie and Freddie are government sponsored, but they’re run by shareholders looking for a substantial return. And the prime force that was driving them and just about everyone else in the world to take risks was Wall Street, which kept looking for higher returns. Indeed, Fannie and Freddie didn’t go nearly as far out on a limb as other lenders, and they hadn’t actually created derivative products themselves.

Beyond that, the seeds of the financial crash of 2008 were planted decades before the subprime securitization market took off. Some of the books that came out after the financial disaster would encourage another myth — that the super-complex subprime securities known as “collateralized debt obligations,” or CDOs, were unique. And that therefore the subprime mortgage crisis was also a unique disaster. “The collateralized debt obligation may well go down in history as the worst thing anyone on Wall Street has ever thought up,” wrote David Faber of CNBC in one quickie book, And Then the Roof Caved In.

But Faber’s description slighted a long lineage of such complex derivatives and structured finance products going back to the early 1990s. Such problems were so prevalent that Brooksley Born, then head of the Commodity Futures Trading Commission, called them “the hippopotamus under the rug.” The key to many successful derivatives trades was just as much deception back then as it later became during the subprime craze. “Quants” on the street — many of them former physicists or other math geniuses — were always finding complex new ways to repackage assets. The schemes usually followed the same theme: The key was to take junk or crap — risky but very high-yielding bonds or securities denominated in pesos or Thai baht or Malaysian ringgits — and disguise them well enough so that pension investors or insurance companies or others thought they were buying investment-grade stuff denominated in dollars. This was merely an augury of what these same firms later did by euphemizing poor credit risks as “subprime borrowers.”

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Banks in Talks to End Bond Probe

Jean Eaglesham, Wall Street Journal

U.S. securities regulators are in preliminary discussions with several major Wall Street banks aimed at reaching settlements to resolve a broad investigation of their sales of mortgage-bond deals that helped unleash the financial crisis, according to people familiar with the matter.

The probe involves complex pools of mortgages and other loans called collateralized debt obligations, or CDOs, slices of which were sold to different investors.

Wall Street has come under intense fire from critics for its sale of the securities, seen as a central factor in the crisis. Settling the allegations would resolve one of the biggest law-enforcement threats hanging over leading banks.

The Securities and Exchange Commission, after issuing subpoenas for documents and interviewing officials from nearly every bank that was a major player in creating, selling or trading CDOs, has begun negotiating with the companies, these people said.

The talks are at early, informal stage and could fall apart, people with knowledge of them cautioned, especially as the banks and SEC wrangle over settlement terms.

Still, the move to try to work out deals with each bank is a sign of interest by all sides in ending the probe without a rerun of the public fight between the SEC and Goldman Sachs Group Inc. Goldman agreed in July to pay $550 million to settle SEC civil charges that it misled investors by not disclosing that it manufactured one CDO with input from a hedge-fund client that planned to bet against it.

Firms that received SEC subpoenas include Citigroup Inc., Deutsche Bank AG, J.P. Morgan Chase & Co., Morgan Stanley and UBS AG. None has been charged as a result of the investigation. A spokesman for the SEC wouldn’t comment.

Banks churned out more than $1 trillion of CDOs. They often created them at the request of investors who made bets against the deals. Some banks made their own bearish bets. Such bets paid off when the mortgage market crashed, though financial firms also suffered steep losses from CDOs stuck on their books.

Shortly after suing Goldman over a CDO deal in April, SEC enforcement director Robert Khuzami said the agency would look closely at deals similar to Abacus 2007-AC1, the one at the center of that suit. People close to the probe say it has become a top enforcement priority as the SEC pushes to show it is holding Wall Street accountable.

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How Banks Bought Their Own Mortgage Securities During The Housing Boom

Huffington Post

If you’re in the market for a detailed, if byzantine, explanation of how banks ended up repackaging and buying their own own securities during the housing boom, we’ve got you covered.

This infographic, courtesy of MortgageRates lays out some of the details unearthed in a sweeping ProPublica investigation in August. To boost demand for complex mortgage securities called “collateralized debt obligations” (CDOs) some banks resorted to selling these same deals to their own company. (Hat tip to Felix Salmon.)

The technique worked something like this, according to Jake Bernstein and Jesse Eisinger of ProPublica:

Read more here: http://www.huffingtonpost.com/2010/11/19/how-banks-bought-their-ow_n_786073.html

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