JPMorgan Chase News Today

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OUT OF THE MOUTH OF JPMORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST!

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Piggybankblog posted on 08/23/12

Cross linked with dailypaul.com

Confirming, under oath and in print what we already suspected: there is no schedule of mortgage loans evidencing what JPM allegedly “purchased” from the FDIC in connection with the failure of WaMu. This is from the sworn deposition testimony of Lawrence Nardi, the operations unit manager and a mortgage officer for JPM, who was previously with WaMu and was picked up by JPM after WaMu’s failure. The 330 page deposition was taken by counsel for the homeowner on May 9, 2012 in the matter of JPMorgan Chase Bank, N.A. as successor in interest to Washington Mutual Bank v. Waisome, Florida 5th Judicial Circuit Case No. 2009-CA-005717.

Here is the question and the answer:

Q: (page 57, beginning at line 19): Okay. The — are you aware of any type of schedule of loans that would have been created to represent the — either the loans that were asset loans or the loans that were serviced by WAMU? Are you — was the — do you know if there is a schedule or database of loans like that?

A: (page 58, beginning at line 1): I know that there was a schedule contemplated in certain documents related to the purchase. That schedule has never materialized in any form. We’ve looked for it in countless other cases. We’ve never been able to produce it in any previous cases. It would certainly be a wonderful thing to have, but it’s — as far as I know, it doesn’t exist, although it was — it was contemplated in the documents.

As we all know, JPM has also stated, in a Federal Court filing, that it is NOT the “successor in interest to WaMu.” However, the deposition testimony gets even better as the day went on:

Q: (beginning at page 260, line 18): Have you ever in your duties of being a loan analyst — a loan operations specialist, have you ever seen an FDIC bill of sale or a receiver’s deed or an assignment of mortgage or an allonge?

A: (page 260, beginning at line 23): For loans, I’m assuming you’re taling about the WaMu loan that was subject to the purchase here.

Q: (page 261, line 1): Right.

A: (page 261, beginning at line 2): No there is no assignments of mortgage. There’s no allonges. There’s no — in the thousands of loans that I have come into contact with that were a part of this purchase, I’ve never once seen an assignment of mortgage. There is simply not — they don’t exist. Or allonges or anything transferring ownership from WAMU to Chase, in other words. Specifically, endorsements and things like that.

So, JPM allegedly “purchased” mortgage loans from the FDIC out of the WaMu failure, but there is no schedule of what loans were purchased, no assignments, no allonges, no endorsements, nothing that transferred ownership of the loans from WaMu to Chase. However, as we all know, JPM goes around the country touting that it is the “successor in interest to WaMu” (which it has admitted in Federal Court that it is not) and relies on the amorphous “FDIC Affidavit” which, as far as what the “Affidavit” is proffered for, is directly contradicted by the sworn deposition testimony of JPM’s authorized representative WHO WAS FORMERLY WITH WAMU AND WAS PICKED UP BY JPM.

Fraud on the courts, anyone?

UPDATE: Friends, I just received this note from our friend and mortgage fraud expert Vermont Trotter regarding this story:

“The trusts are all empty. The master loan doc contractually allows for the hypothecation and re-hypothecation of the assets. Hypothecation is a legal term meaning to pledge, but not deliver an asset. To hypothecate means there is no true sale of the asset. To re-hypothecate means it can be pledged multiple times and, again, never have a true sale. No one owns anything.” – V. Trotter — source article

Full Deposition transcripts of Lawrence (Larry) Nardi

 

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It almost makes you wonder about BofA and Countrywide. (Smirk)

Or, what about the United States Government and Fannie and Freddie and the loans they have? (Smirk)

Do you still wonder why the government might be protecting the banks?

IT IS BECAUSE THE GOVERNMENT IS A BANK!

And Guess what?

Brooklyn Judge: ‘Roughly 90 Percent Of The Credit Card Lawsuits Can’t Prove The Person Owes The Debt’
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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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tp://piggybankblog.com/2012/08/16/jpmorgan-ubs-said-among-banks-queried-in-libor-probe/” target=”_blank”>JPMorgan, UBS Said Among Banks Queried in Libor Probe

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Piggybankblog posted on 08/16/12

Piggybankblog posted picture

Cross linked with businessweek.com

JPMorgan Chase & Co. (JPM) and Barclays Plc (BARC) are among seven banks subpoenaed in New York and Connecticut’s investigation into alleged manipulation of Libor, according to a person familiar with the matter and company filings.

Subpoenas were sent in recent weeks to Deutsche Bank AG (DBK), Royal Bank of Scotland Group Plc and HSBC Holdings Plc (HSBA) in addition to JPMorgan and Barclays, the person said yesterday.Citigroup Inc. (C) and UBS AG (UBSN) received subpoenas earlier this year as part of the investigation.

New York Attorney General Eric Schneiderman and Connecticut Attorney General George Jepsen are jointly investigating alleged manipulation of the London interbank offered rate by lenders. RBS, UBS, Lloyds Banking Group Plc (LLOY) and Deutsche Bank are among the lenders that regulators in Europe, Asia and the U.S. are investigating. The U.S. is conducting a criminal investigation.

Confidence in Libor, a benchmark for financial products valued at $360 trillion worldwide, has been dented by Barclays’admission that it submitted false London and euro interbank offered rates. Robert Diamond resigned as Barclays’ chief executive office after the bank was fined 290 million pounds ($456 million).

False Submissions

Derivatives traders requested the false submissions in the Libor and Euribor setting process, as they were “motivated by profit and sought to benefit Barclays’ trading positions,” the U.K. Financial Services Authority said.

The investigation by Schneiderman and Jepsen could broaden to include additional banks, said the person. Jennifer Givner, a spokeswoman for Schneiderman, and Jaclyn Falkowski, a spokeswoman for Jepsen, declined to comment on the subpoenas.

Separately, Florida Attorney General Pam Bondi’s office is“actively reviewing the Libor matter” and has subpoenaed 14 banks, spokeswoman Jenn Meale said. In addition to the seven institutions in the New York and Connecticut probe, Florida subpoenaed Bank of America Corp. (BAC), Societe Generale SA (GLE), Credit Suisse Group AG (CSGN), Credit Agricole SA (ACA), Royal Bank of Canada, Rabobank Groep and Lloyds Banking Group.

Sarah Binnie, a spokeswoman for Edinburgh-based RBS, said the bank continues to receive requests from various regulators investigating the setting of Libor and other interest rates. The lender is cooperating with the investigations and “keeping relevant regulators informed,” she said in an e-mail.

“It is not possible to estimate with any certainty what effect these investigations and any related developments may have on the group,” Binnie said.

Information Requests

Kathryn Hanes, a spokeswoman for Frankfurt-based Deutsche Bank, said the lender has received subpoenas and requests for information from some regulators and governmental entities in the U.S. in connection with setting interbank rates and is cooperating.

New York-based Citigroup said in a regulatory filing that subsidiaries “have received additional requests for information and documents from various U.S. and non-U.S. governmental agencies, including the offices of the New York and Connecticut attorneys general.”

UBS, based in Zurich, said in a regulatory filing that numerous agencies, including “various state attorneys general”are investigating whether there were improper attempts to manipulate Libor and other rates. A second person familiar with the matter said the bank received a subpoena from New York in February. Both declined to comment because the matter is private.

Regulatory Demands

Nicole Sharp, a spokeswoman for London-based Lloyds Banking Group, said the company is assisting various regulators in their investigations. Royal Bank of Canada (RY) spokeswoman Katherine Gay said the bank is also cooperating with regulators.

“We did not find any evidence of collusion with other banks, and we have determined that our Libor submissions reflected our perception of our cost of funds,” Gay said in an e-mailed statement.

London-based HSBC said in a 2012 interim report that it is“the subject of regulatory demands for information” and is cooperating with the investigations.

Representatives of the other institutions couldn’t be reached for comment or declined to comment.

Massachusetts Attorney General Martha Coakley’s office said in July it was also conducting a Libor investigation and was working with other state agencies.

Libor is derived from a survey of banks conducted each day on behalf of the British Bankers’ Association in London. Lenders are asked how much it would cost them to borrow from one another for 15 different periods, from overnight to one year, in currencies including dollars, euros, yen and Swiss francs. After a set number of quotes are excluded, those remaining are averaged and published for each currency by the BBA before noon.

To contact the reporter on this story: David McLaughlin in New York at dmclaughlin9@bloomxberg.net

To contact the editor responsible for this story: Andrew Dunn at adunn8@bloomberg.net

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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No It Is Not A, ‘Free Fucking Country’ For We The Little People! Just Maybe For Jamie Dimon!

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August 16th, 2012

Written By John Wright

Did any of you read the interview last week where a potentially disgruntled Jamie Dimon of JPMorgan Chase said that people should not blame the BIG BANKS for the financial crisis? Now correct me if I am wrong — but I could have sworn that this is the same Golden Boy Brat that just explained to us back in June that his BIG BANK LOST OVER TWO to SEVEN BILLION DOLLARS — because why?

Jamie Dimon: “There were many errors, sloppiness and bad judgment” and “these were egregious mistakes.”

Now Jamie Dimon said our economy is doing so badly right now because of our constant finger-pointing and asking of unhelpful questions, like: “Why aren’t banks holding more capital?” and “Why aren’t any of you bastards in jail?” and “Who took all of my money?”

We can all just be so selfish sometimes. (shaking my head and rolling my eyes) Of course he knows it is a free country though. That is because it is exactly what every potential organized crime organization needs to survive. However, to be fair, I can see why this potentially overpaid taxpayer welfare recipient criminal bank CEO might find these kinds questions annoying. It might be because it suggests accountability. That is why in some ways Jamie Dimon reminds me of the male version of Leona Helmsley. She was the hotel billionaire that the press ended up calling The Queen of Mean because she was known for treating people poorly that she felt might be beneath her because of her money. Then she made the mistake of saying taxes were for the little people — but would soon find out that she was wrong — because the bitch then went to jail shortly after saying it.

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That is why someone should please tell Jamie Dimon to stop being a bitch bef0re he pisses off the American people more than he has already. Otherwise, the press might start calling him The King of Mean. This is for maybe arrogantly acting like he is also not accountable to the same laws as us little people are.

Listen — I felt like Jamie Dimon was sort of threatening us with what he said. What I mean is — I feel like he might be saying that he will continue to make decisions that will destroy our economy if we continue to try and hold him accountable. It also seemed like he does not think that the BIG BANKS should be asked any questions about the taxpayer money they were given in the tune of 16.6 TRILLION DOLLARS while being held accountable to the laws of our land. This is even though the banks are the first ones to rush into court to make sure that all of us little people are held accountable to the law with their potentially fraudulent documentation they made up that might say they have accurately identified the owner of the debt when they have not. – Washington highest court ruled on 08/16/12 that MERS cannot foreclose on the homeowners

Jamie Dimon is also wrong about thinking that the American people are asking why the banks are not holding more capital. The simple fact is that THE AMERICAN PEOPLE ARE TELLING THEM WHY THEY ARE NOT HOLDING MORE CAPITAL AND NOT ASKING. IT IS BECAUSE WE THINK THEY ARE POTENTIALLY FIXING THE BOOKS AND NOT WANTING TO PAY TAXES ON IT. The American people are also not asking why these bastards are not in jail. The simple fact is that THE AMERICAN PEOPLE ARE TELLING THEM WHY THEY ARE NOT IN JAIL. IT IS BECAUSE WE BELIEVE THE SYSTEM IS CORRUPT AND BANK OWNED AND THE LAW IS ONLY MEANT FOR THE LITTLE PEOPLE. Neither are the American people asking who took our money. The simple fact is that THE AMERICAN PEOPLE ARE TELLING THEM WHO HAS TAKEN OUR MONEY. THE BANKS TOOK OUR MONEY! Does he really think we are wondering who has taken our money? (rolling my eyes) Then again the question we might have is where did they launder the money offshore? (tongue-in-my-cheek-smiling) Now that is the real question! (Dramatic license used in picture on upper left. Dimon did not really say what is in caption)
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Then when they asked the JPMorgan Golden Boy brat about his consistent defense of Wall Street and criticism of financial rules, Dimon pushed back, saying he considered himself more “an outspoken defender of the truth.” (rolling my eyes) “This is not the Soviet Union,” he continued. “This is the United States of America. That’s what I remember. Guess what…. It’s a free. Fucking. Country.”
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NO IT IS NOT A FREE FUCKING COUNTRY! That is until the President of the United States and the United States Department of Justice and every single Judge and every single Attorney General stop these banks from stealing our homes. This is especially after you consider that there is NO WAY that this is a FREE FUCKING COUNTRY if our elected officials know these banks are in most cases unable to accurately identify the owner of the debt because there are multiple trusts and multiple beneficiaries existing the time of the fraudclosure but still allow it to continue. Neither is there ANY WAY they can get away with saying it is an isolated incident. IT IS, IN FACT, AN EPIDEMIC TO BIBLICAL PROPORTIONS. THAT IS EXACTLY WHY THERE SHOULD BE A NATIONAL FRAUDCLOSURE FREEZE ANNOUNCED WITH NO FURTHER DELAY. THAT IS IF WE LIVE IN A FREE FUCKING COUNTRY THAT FOLLOWS THE LAWS OF THE LAND THAT WE THE LITTLE PEOPLE VOTED ON.
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NO IT IS NOT A FREE FUCKING COUNTRY. That is until every single Judge and County Register stops allowing banks to process fraudclosures when there is mass evidence that there is a system in place that allows the banks to robo-sign and falsify the majority of fraudclosures with falsified documentation. Any elected official that allows this is just as guilty as the people who looked the other way when it went on in Germany with the Jews. IT IS WRONG! AND IT IS ANSWERABLE IN A COURT MUCH HIGHER THAN THEY COULD EVER IMAGINE. The simple fact is that We The Little People did not elect Kings and Queens. We The Little People elected judges who should follow the law without allowing their own understanding and politics and religion to dictate how they will pick and choose which laws they will hold the banks accountable to because they might disagree with a homeowner getting a home free and clear. Trust me! There is something way worse than that! That is a bank getting an ENTIRE COUNTRY FREE AND CLEAR.
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NO IT IS NOT A FREE FUCKING COUNTRY. That is until the President of the United States and Judges and other elected officials are going to stop turning a blind eye to justice just to save the American economy. That is what elected officials did back in the days of slavery. They feared back then that using the law to free the slaves could hurt the economy and start civil war.
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NO IT IS NOT A FREE FUCKING COUNTRY. That is until the JPMorgan Golden Boy brat is not allowed to live in shameless luxury at the taxpayers’ expense — while at the same time — shooting off his potentially arrogant and abusive above accountability mouth in full view of the American people like The Queen of Mean did. It is apparent that Jamie Dimon does not seem to realize that we are no longer fat, dumb, and happy anymore. This means we understand that he needed our American Nightmare to create his American Dream. Oh but what do we know? We are just the little people.
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Maybe this youtube below shows how Jamie Dimon might see us when we complain about how the big banks caused an economic crisis with their greed.
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The point is that us little people (The American People) do not feel that a good economy should be built on the bank broken backs of the American taxpayer by stealing our homes. That is because that is the exact type of injustice that Adolf Hitler used to build the German economy. The American people rather have the economy collapse before we ever have to live in a system that rewards the rich for being rich and punish the poor for being poor.

  1. Senate Banking Committee Testimony Of JPMorgan CEO Jamie Dimon Described As “A Big Ass Grabbing Love Fest!”

  2. JPMorgan, UBS Said Among Banks Queried in Libor Probe

That is why I want you all to NEVER GIVE IN! I want you to NEVER GIVE UP! And I want you TO NEVER STOP POINTING YOUR FINGER AT Jamie Dimon at JPMorgan chase.

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………That is why we shall continue to point our finger at you Jamie Dimon.

 

……………………Hey Jamie! Guess what? It’s a free. Fucking. Country.

…………..It just should not be for you if it comes out you have broken the law.

……………………………………….So enjoy it while you can!

…………Do you like apples, Jamie? Well what did you think of them there apples?

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………………….My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Jamie Dimon: ‘It’s A Free. Fucking. Country.’

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Piggybankblog posted on 08/15/12

Cross linked with huffingtonpost.com

Jamie Dimon wants you to remember what made this country great.

The JPMorgan Chase CEO insisted in a New York magazine interview, published on Monday, that people should not blame big banks for the financial crisis.

When asked him about his consistent defense of Wall Street and criticism of financial rules, Dimon pushed back, saying he considered himself more “an outspoken defender of the truth.” “This is not the Soviet Union,” he continued. “This is the United States of America. That’s what I remember. Guess what…. It’s a free. Fucking. Country.”

Since the financial crisis, Dimon has embraced his role as defender of Wall Street. Earlier this month, he said the larger problem surrounded scapegoating and finger-pointing, rather than systemic problems in his industry.

Here is a big reason the public may be holding Dimon and other big bank CEOs responsible: In 2008, the size and interconnectedness of struggling big banks like JPMorgan Chase threatened to take down the financial system and the economy with it. As a result, big banks, including JPMorgan, received generous bailouts as businesses laid off workers en masse.

Dimon has said in the past that banks should not be too big to fail. But he also has said that some banks need to be big in order to serve their clients well.

He’s not the only figure in financial circles with a short temper though. In 2009, Treasury Secretary Timothy Geithner unleashed a slew of f-bombs in an exchange with Neil Barofsky, then the country’s bailout watchdog, according to Barofsky’s new book Bailout.

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My name is John Wright AND I AM FIGHTING BACK!

All Rise!  The Honorable Judge Wright has left The Courtroom of Public Opinion!

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JPMorgan, Citi Units Sued by FDIC Over Colonial Sales

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Piggybankblog posted on 08/13/12

Cross linked with Bloomberg.com

JPMorgan Chase & Co. (JPM) and Citigroup Inc. (C) were among the banks sued by the Federal Deposit Insurance Corp. over $388 million in securities sold to Colonial Bank.

The FDIC alleged that the banks misrepresented the quality of the loans underlying residential mortgage-backed securities that Colonial purchased, according to a complaint filed yesterday in federal court in Manhattan.

The misrepresentations included inaccurate loan-to-value ratios based on inflated property values, according to the filing. Also, many of the properties at issue had second mortgages that weren’t disclosed, the FDIC said.

“In many cases, the amount of the undisclosed additional liens was much greater than the owners’ ostensible equity, putting the owner ’under water’ on the day on which this securitization closed,” the FDIC said in the complaint, filed by attorneys David J. Grais, Mark B. Holton, Leanne M. Wilson and Maria Heifetz.

Colonial Bank, of Montgomery, Alabama, was closed by the Alabama State Banking Department on Aug. 14, 2009, and the FDIC was named as a receiver for the institution, according to the FDIC’s website.

Danielle Romero-Apsilos, a spokeswoman for New York-based Citigroup, declined to comment on the lawsuit. Jennifer Zuccarelli, a spokeswoman for New York-based JPMorgan, spokeswoman didn’t immediately return a call yesterday seeking comment on the complaint.

The case is Federal Deposit Insurance Corp. as receiver for Colonial Bank v. Chase Mortgage Finance Corp, 12-cv-06166, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporters on this story: Christie Smythe in New York at csmythe1@bloomberg.net; Bob Van Voris in New York at rvanvoris@bloomberg.net

 

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net
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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Harry Engel’s Death Caused By JPMorgan Chase Foreclosure, Lawsuit Claims

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Piggybankblog posted on 08/08/12

Cross linked story with huffingtonpost.com

A Texas woman is suing JPMorgan Chase, claiming that the bank’s eviction caused the heart attack of her husband, a retired minister.

Wanda Jo Engel alleges that JPMorgan’s wrongful home foreclosure and eviction created so much stress that it “overwhelmed” her husband, Harry Engel, ultimately triggering his death. She and her children, Steve, Debra and Josh, are suing the bank for wrongful death and wrongful foreclosure and eviction among other claims, according to a lawsuit filed in Dallas County Court.

Harry Engel, a retired minister, collapsed in a chair in his home within days of receiving an eviction notice from Chase, the suit claims. He was 79.

“It was just a close family; it’s been a difficult loss,” the Engels’ lawyer Steve Shaver said. “They certainly didn’t expect Mr. Engel to pass when he did or certainly for the reasons he did.”

A JPMorgan Chase spokesman told The Huffington Post that the bank never foreclosed on the home.

“There are serious factual inaccuracies in the filing, but we are not going to comment because it is ongoing litigation,” a JPMorgan spokesman said in a statement. “We have not completed any foreclosure on the property. We work with homeowners across the country to help them to avoid foreclosure whenever possible.”

As the foreclosure crisis has wreaked havoc across the country, tragedy has not been far behind. A California man killed himself in May in the middle of a battle with Wells Fargo, which was trying to foreclose on his home. Other foreclosure threats have turned violent; in March, a man facing eviction in Ohio shot his wife and then himself.

The Engels lived in their home for 22 years and were current on their mortgage payments during that time, according to the suit. But in early 2009, they received a letter from the bank advising them to refinance their loan; the Engels went to their local Chase branch and spoke to a staff member who told them to “miss a payment” to more easily qualify for government refinancing assistance, the suit alleges.

After missing the payment as instructed, the Engels received a bank letter telling them to immediately become current on their payments, Shaver said. Living on a fixed income, Wanda Jo and Harry Engel had already used the money allotted for the instructed “missed payment” for other finances so they went to the bank to inquire about a government refinancing program, he added. For a time, the Engels’ refinancing request was considered but then rejected; then the bank sent a letter indicating it planned to foreclose and still another letter stating it had indeed already foreclosed and planned to evict the Engels, according to Shaver.

“Finally, a personal representative of Chase physically went to the Engel home, knocked on the Engel’s [sic] door, and enforced the eviction notice,” the suit claims.

But JPMorgan Chase maintains that the bank did not go as far as to foreclose on the property.

Shaver clarified by phone that JPMorgan Chase never went through with filing for foreclosure in court and instead the bank indicated that the house would soon be in foreclosure and that the Engels would have to leave.

The Engels went to the local Chase branch multiple times to talk to the staff member who had advised them to miss a payment; each time they would “sit in the lobby and stew for hours,” according to Shaver.

“He was trying to get them to leave; he was hoping they’d just walk out. But this was too important to them, so they didn’t,” Shaver said.

The lawsuit indicates that the home was very special to Harry Engel “because he grew up as an orphan and never had a home of his own until he was an adult.”

JPMorgan Chase is not the only bank accused of giving advice that ultimately led to foreclosure and eviction. The phenomenon became so widespread during the housing bust that it was the subject of a 2010 Senate Banking Committee hearing.

Bank of America allegedly advised Georgia homeowner Pamela Flores to stop making payments on her mortgage so that she could qualify for the Making Home Affordable Program, a government mortgage relief initiative. The bank then initiated foreclosure proceedings on her home. A Bank of America spokeswoman told CBS Atlanta that the bank sent Flores a modification offer and she paid a month late, forcing the bank to decline her participation in a Treasury Department program.

A Massachusetts couple, the Dixons claimed to have had a similar experience with Wells Fargo. They say they made a verbal agreement with the bank to take steps toward securing a loan modification and Wells Fargo told them to stop making payments on their current loan, according to the Atlantic; but the Dixons say instead of modifying the loan, the bank told them it planned a foreclosure because they were in default. Wells Fargo argued that the Dixons should not have assumed the modification was a done deal because the verbal agreement wasn’t “definite as to be binding.”

In the two years since Harry Engel’s death and the family’s eviction, the home has been vacant, according to Shaver. “Just the stress of the foreclosure process itself was too much for Mr. Engel who was a really good man,” Shaver said.

View the Engels’ petition below:

Engel Petition

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JPMorgan Chase investigated for manipulating California energy market

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Piggybankblog posted on 07/25/12

Piggybankblog posted picture

Cross linked story with wsws.org

By Oliver Richards 23 July 2012

The California Independent Systems Operator (CalISO), the nonprofit organization that coordinates the state’s electricity market, has alleged that JPMorgan Chase & Co. manipulated the state’s energy market, resulting in at least $73 million in improper payments—costs passed along to the state’s energy consumers.

The accusation emerged on July 2 in court filings by the Federal Energy Regulatory Commission (FERC), which oversees CalISO, as part of its investigation into the bank. Normally, ongoing FERC investigations are not disclosed to the public. The case was only revealed after the agency subpoenaed e-mails from JPMorgan relating to the inquiry.

The bank claimed that the e-mails were confidential on the basis of attorney-client privilege. However, under pressure, it released some of the e-mails in non-redacted form to the agency that belied their argument. The bank responded to the petition by arguing that FERC was engaged in an “abusive litigation tactic.”

FERC was granted expanded powers in 2005 in the aftermath of the manipulation of California’s energy market by Enron, which resulted in energy warnings and rolling blackouts throughout the state. The regulatory overhaul gave the agency the ability to fine companies as much as $1 million a day per violation. These fines, however, in no way discourage companies from gaming the system. JPMorgan’s investment arm, which includes its energy group, collects $14 billion annually; in comparison, six months’ worth of fines would amount to a paltry $180 million.

“The incentive remains for outfits like JPMorgan,” notes a July 18 article in the Los Angeles Times, “to stretch the rules to the breaking point—if they get caught, the cost is tolerable; if not, the returns are fabulous.”

Responding to the allegations, the bank’s spokeswoman Jennifer Zuccarelli said, “We believe we have complied in all respects with the law, as well as FERC rules and applicable tariffs, governing this market.” This claim, in fact, is likely true.

JPMorgan was able to take advantage of loopholes built into the regulations governing energy and natural gas markets. The ISO takes bids from power plant owners on energy costs in both the future day-ahead and current real-time markets. To encourage plant owner participation in the auction, the ISO provides a “bid cost recovery,” which ensures that the operators receive a guaranteed minimum support for running the plant even if their bid is not accepted.

JPMorgan exploited these rules by placing extremely low bids on the day-ahead markets—sometimes negative bids where the bank would be paying the ISO to take its energy—making them eligible for bid cost recovery payments, then charging electricity prices so high on the real-time market that ISO would never purchase the energy.

As the LA Times reports, “JPMorgan’s traders never intended to sell its electricity via these bids. The scheme, [the ISO] says, seems to have been designed purely to capture a bid cost recovery payment the bank didn’t deserve, at a rate that was inflated anyway.”

Carl Wood, who was on the California Public Utilities Commission in the aftermath of the 2000-2001 energy crisis, commented on the latest allegations that “there is something fundamentally broken about the system.”

FERC opened its probe into the bank in August 2011 after California and Midwest grid operators noticed unusual trading patterns and questionable bidding practices between March and June of 2011. The agency has conducted 11 probes of alleged manipulation of electricity and natural gas markets since January 2011. FERC recently reached a record $245 million settlement with Constellation Energy Group Inc. and has issued a preliminary determination that Deutsche Bank AG manipulated the California energy market.

The drive toward privatization and deregulation of energy markets emerged in the 1970s as the postwar boom began to wane and placed pressure on profit rates. Privatization of electricity began first in Chile after the US-sponsored military coup of 1973. In the US, systematic deregulation of the energy market was set off with the Natural Gas Policy Act of 1978 in the aftermath of the 1973 oil crisis, the Public Utility Regulatory Policy Act of 1978 (PURPA), and the National Energy Policy Act of 1992.

California became the first state to deregulate its energy markets, which opened the doors to the criminal activities of Enron. But California is no aberration. Starting in the late 1970s, both Democratic and Republican administrations have worked to remove virtually any legal limitation on the pursuit of corporate profit in every sector of the economy, from finance, to communications, and finally to energy.

Major corporations have been given free rein to supervise their own safety, environmental, and ethics practices. The Obama administration’s record on the pursuit of such policies is unequivocal. The BP Gulf oil disaster of April 2010 is a recent example of the results of energy deregulation policies. In his 2012 State of the Union address, President Obama boasted: “Over the last three years we’ve opened millions of new acres for oil and gas exploration.” In the aftermath of the Gulf oil spill, no new regulations were established to prevent another similar disaster.

The latest allegations against JPMorgan once again underscore the parasitic nature of the financial oligarchy that dominates all aspects economic and political life. The speculative activities that triggered the current economic crisis continue unabated.

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It All Started With The Federal Reserve Conspiracy

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Written by John Wright

July 18th, 2012

Bow down before the one you serve! You’re going to get what you deserve Bank of Destroying America and JPMorgan Chase!

I think you will agree with me that the banks have had far too much control and power over countries and their governments throughout history.  Now I know Adolf Hitler would agree with me — because that is exactly what he blamed the depression on in Germany.  What I am saying is — even though I do not agree with his final solution — I do agree that it was the banks that caused the depression in Germany and caused the wars around the world.

Did he just say that he agreed with Adolf Hitler? Well before everybody here gets upset with that statement – I need to remind you that the Founding Forefathers of America agreed with him on the banking issue too.

Thomas Jefferson said:

‘I believe that banking institutions are more dangerous to our liberties than standing armies.  If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.’

Then there was President Abraham Lincoln who flatly refused to allow these rich European influences back then bring a central bank to America.  That is when Americans used to use what was called the “greenback” for our currency.  The greenback was actually worth the paper it was put on because it was backed by gold back then.  Abraham Lincoln simply knew there were powerful and wealthy families in Europe trying to get control of America by having us use a central bank to control our money and our country.  The simple fact is that Lincoln knew it is the central banks that have been known to collapse economies and start wars and finance wars — which if brought to America — it would leave our country and our people enslaved to having to pay high taxes to pay back the war debt.  The United States of America still uses these tactics today in other countries.  This is how we get control of their country — by controlling their debt.  The simple horrible fact is that the central banks simply make money on wars — which incidentally — might explain why we have so many of them. — Youtube about Abraham Lincoln and banking.

It would not be until good old President Woodrow Wilson that a central bank here in the United States was allowed to control our money and our country. (Abraham Lincoln shaking his head)  The name of this central bank would be called “The Federal Reserve”.   However, it is about as “federal” as “federal express” — because it is actually a PRIVATE BANK.

The Federal Reserve was created on December 23rd, 1913 with the enactment of the “Federal Reserve Act,” largely in response to a series of financial panics, particularly a severe panic in 1907. Over time, the roles and responsibilities of the Federal Reserve System (more commonly known as the fed) have expanded and its structure evolved. Events such as the Great Depression were a major factor leading to the changes in the system. — Youtube about Federal Reserve Act

The Honorable Louis McFadden, Chairman of the House Banking and Currency Committee in the 1930s said:

“Some people think that the Federal Reserve Banks are United States Government institutions.  They are private monopolies which prey upon the people of these United States for the benefit of themselves and their foreign customers; foreign and domestic speculators and swindlers; and rich and predatory money lenders.”

President Woodrow Wilson would later be quoted as saying on his deathbed:

“I am a most unhappy man. I have unwittingly ruined my country.  A great industrial nation is controlled by its system of credit.  Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men.  We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men.” – Woodrow Wilson after singing the Federal Reserve Act.

Then President John F. Kennedy tried to give us our America back by disolving the Federal Reserve.  Then something went terribly wrong in Texas that would change that.

Watch the Secret Service Agent look like he is saying, “Step down? Why am I stepping down?”

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The Current Federal Reserve:

Now according to globalresearch, the Federal Reserve (or Fed) has assumed sweeping new powers in the last year.  This is because in an unprecedented move in March of 2008, the New York Fed advanced the funds for JPMorgan Chase Bank to buy investment bank Bear Stearns for pennies on the dollar.

Now here is the best part!   Jaime Dimon (the current CEO of JPMorgan) SITS ON THE BOARD OF THE FEDERAL RESERVE!

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That’s right! Jamie Godfather Dimon participated in the secret weekend negotiations between the Federal Reserve and the United States Government and the banks — when in September 2008, the Federal Reserve did something even more unprecedented.  It bought the world’s largest insurance company.  The Fed announced on September 16 that it was giving an $85 billion loan to American International Group (AIG) for a nearly 80% stake in the mega-insurer.  The Associated Press called it a “government takeover,” but this was no ordinary nationalization.  Unlike the U.S. Treasury, which took over Fannie Mae and Freddie Mac the week before, the Fed is not a government-owned agency. Also unprecedented was the way the deal was funded. The Associated Press reported:

“The Treasury Department, for the first time in its history, said it would begin selling bonds for the Federal Reserve in an effort to help the central bank deal with its unprecedented borrowing needs.”

I hate to tell you this — but your America has been gone for a very long time.

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And you just thought you were losing your house. (Wink)

That is why the American people have this message for all those CEO’s and executives at JPMorgan Chase and Bank of Destroying The America Dream.

CLICK HERE FOR BOW DOWN BEFORE THE ONE YOU SERVE. YOU SOON WILL GET WHAT YOU DESERVE MESSAGE!(non-violent protest disclaimer)

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Don’t you get it Jamie? We The People are not going to stop until YOU and the OTHERS are FUCKING LOCKED UP FOR WHAT YOU DID TO OUR COUNTRY!
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I just pray the United States Justice Department does something — before the American people do it for them.Tell Obama to lock them up.
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The American people shall pour twice the measure into that cup you banks were about to have us drink from! Yes! I say twice the measure!
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Federal Reserve Youtubes
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Please donate to the Bank Fight Effort below.
(non-violent protest disclaimer)
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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Follow John’s Daily Blog

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Please donate if you liked today’s blog.

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Thousands Of Small Banks Could Sue Wall Street Giants Over LIBOR

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Piggybankblog posted on 07/16/12

Cross linked picture with businessinsider.com

The thousands of community banks have often said their much larger counterparts have trampled on them. Now some hope the latest Wall Street scandal could give them ammunition to strike back.

Big banks’ alleged manipulation of interest rates has become the subject of a deepening global investigation by regulators. It has also led one small bank in Wisconsin to file a lawsuit accusing JPMorgan Chase & Co, Bank of America Corp, Citigroup Inc and other major banks of colluding to set rates artificially low.

The Community Bank & Trust of Sheboygan — a town on the shores of Lake Michigan about 60 miles north of Milwaukee — is claiming manipulation of the benchmark London interbank offered rate, commonly known as Libor, has kept its interest margins artificially low.

Determined in London by the world’s biggest banks, the Libor is used to set interest rates on everything from credit cards to student loans and mortgages.

Charles Tompkins of Boston law firm Shapiro Haber & Urmy filed the lawsuit in late May on behalf of the 11-branch bank, which has assets of about $554 million. It seeks class-action status so other community banks can join the litigation.

While it is unclear whether many small banks will do so, the legal action is further evidence that the scandal is reverberating well beyond the confines of Wall Street and the City of London. Big banks are already facing an array of Libor-related lawsuits by some big investors and local governments, such as the city of Baltimore.

Tompkins, whose class-action firm has handled securities, antitrust and consumer lawsuits, said U.S. community banks might have lost more than $1 billion over four years on loans to small businesses at artificially low rates.

The alleged manipulation hurt small banks that operate on thin profit margins and rely more on interest income than large banks with diverse trading operations, he said.

The lawsuit accuses the banks of violating the mob-busting U.S. Racketeer Influenced and Corrupt Organizations Act by rigging rates.

The bank defendants declined to comment. They have said in court papers seeking dismissal of other Libor lawsuits that plaintiffs have failed to show how banks acted to restrict competition, even if rates were misstated.

ALL OTHER MEANS

In its complaint, Community Bank & Trust estimated that if Libor were understated by 80 basis points in 2008, it would have lost $64,000 in interest income on its $8 million of floating rate loans. The lawsuit applies that figure to the roughly 7,000 U.S. community banks, which it defines as those with assets of $1 billion or less, to come up with an estimate of $448 million in damages for that year alone. The extrapolation makes the estimate very rough.

Documents released by the New York Federal Reserve and other regulators late last week show big banks as desperate to under-report their borrowing rates in 2007-2008 to appear stronger as the financial crisis worsened. Britain’s Barclays Plc agreed late last month to pay $453 million in fines for attempting to manipulate Libor.

“If the allegation of Libor manipulation by the largest banks is found to be true,” small banks need to consider “legal and all other means available,” said Daryll Lund, president of the Community Bankers of Wisconsin.

Some community bankers, though, are on the fence over whether to join the lawsuit.

Steve Gardner, president of Pacific Premier Bank of Costa Mesa, California, said he needed to learn more about the potential impact of rate manipulation on his bank before deciding whether to sue. The bank used Libor to set rates on a substantial number of loans, including to bakeries, manufacturers and accountants, he said.

Others said only a small portion of loans were linked to the benchmark, and they did not think it had a big impact on their business.

If a few customers borrowed at slightly lower rates, “it’s not going to cause any heartburn,” said Michael Kubacki, chief executive officer of Lake City Bank in Warsaw, Indiana.

Community Bank & Trust CEO Anthony Jovanovich seemed surprised that the law firm had named his company as the lead plaintiff, although he supported the lawsuit. He said his bank’s margins were squeezed by borrowers who wanted to switch to Libor-linked loans from those tied to other benchmarks because of the low rates.

For its part, the Independent Community Bankers of America trade group will keep its members informed of developments in the scandal, but said members should consult their own lawyers to decide if they should sue, said Chief Economist Paul Merski.

The Libor investigation is “just another example of the litany of scandals of the largest players that caused the financial crisis,” he said. “Community banks got caught in the aftershock of that.”

REGULATION OVERLOAD

Many community banks blame Wall Street for causing the financial crisis and the subsequent toughening of regulations that they say falls disproportionately on them.

Proving a Libor manipulation case could be difficult, though.

In a note to clients last week, Nomura analyst Glenn Schorr said it would be hard to quantify damages and to show that banks worked together to rig rates. He also said Libor set rates on very short-term loans, limiting the impact.

On Thursday, the community bank lawsuit was consolidated with three other proposed Libor class actions that accuse big banks of violating antitrust laws. U.S. District Judge Naomi Buchwald in Manhattan is overseeing the cases.

The other proposed classes would cover plaintiffs who purchased Libor-linked securities from the banks, those who traded Libor-linked securities on exchanges and those who invested in securities that paid interest based on Libor.

Legal experts expect many more proposed classes of plaintiffs to emerge.

“I actually think there will be a lot of piling on here,” said Duke Law School professor James Cox.

The government inquiry in the UK has unearthed a lot of information, he said. “It’s honey for the bears.”

One of the biggest challenges to new group cases will be proving far-flung plaintiffs have enough in common to form classes — a problem the community banks may face, he said.

Potential plaintiffs may opt to sue on their own, outside class actions. One municipality, New York’s Nassau County, said last week that it might have lost as much as $13 million over five years on Libor-linked transactions and was looking to bring its own case.

(Reporting by Tom Hals in Wilmington, Delaware; Additional reporting by William James in London; Editing by Martha Graybow, Martin Howell and Lisa Von Ahn)

DON’T MISS: Wells Fargo Is Paying $175 Million In The Second-Largest Fair Lending Deal Ever >

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Secret FDIC & JPMorgan Chase Bank 118 Page Purchase and Assumption Agreement for Washington Mutual Bank Uncovered

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Piggybankblog posted 06/22/12

Piggybankblog posted picture

Cross linked with victorychase.com

Smoking Gun or Another Murder of Crows? You be the judge.

QUESTION — Are the FDIC and JPMorgan Chase Bank and their attorneys keeping secrets and playing destructive games with the lives of good decent Americans across the land that results in their stealing homes and damaging forever lives and communities? Are they in fact hiding the true agreement (PAA) for the assets and liabilities of Washington Mutual Bank, the failed bank seized by the Office of Thrift Supervision and placed in Receivership with the FDIC who sold WAMU to JPMorgan Chase Bank NA on the very same day in September 2008?

Repeatedly homeowners in foreclosure and their attorneys have questioned the veracity of the 39 page Purchase and Assumption Agreement between the FDIC and JPMorgan Chase Bank, NA for Washington Mutual Bank that Chase, the FDIC, and their attorneys represent to be the real PAA. They have used this 39 page public document in courts of law to reap all of WAMU’s benefits without bearing any of its burdens in courtrooms, federal and state, throughout the United States.
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Attorney Vernon Bradley of Sausalito, California, recently filed a lawsuit to stop a foreclosure action on behalf of the Plaintiff, Scott Call Jolley, against Chase et al in California Superior Court in Marin County, California and it is under appeal. This case and the revelations that have come to light through Appellant’s Opening Brief filed with the California Appellate Court points to the existence of a different “full copy” PAA that consists of 118 or so pages as revealed in the deposition and declaration of Jeffrey Thorpe, whose credentials make him a reliable witness. (see below excerpts from Appellant Brief.)

Appellant’s Opening Brief presents a strong argument that the FDIC and JPMorgan Chase Bank NA entered into an approximated 118 page “full ” Purchase and Assumption Agreement, rather than the “public” PAA being circulated through internet and the courts in foreclosure cases throughout the United States federal and state courts.

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If in fact this 118 page PAA exists, can one conclude that the Respondents and their attorneys have perpetrated a possible fraud on the court and that this possible fraud extends to foreclosure lawsuits (past, present, and future) throughout the United States? And if so, what can be done to help these homeowners who were possibly victimized by judges who unwittingly relied on the purported 39 page PAA to seize and sell their homes? What will these judges have to say about this serious misrepresentation of the PAA if found to be true? Will these victimized homeowners be recompensed for the damage caused to them financially and personally? Will the courts take another look?

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Below is information obtained through court proceedings. Please read this post in its entirety.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION TWO

SCOTT CALL JOLLEY, Plaintiff and Petitioner/Appellant vs. CHASE HOME FINANCE, LLC, a Delaware Limited Liability Corporation and successor in interest to WASHINGTON MUTUAL BANK, F.A., a Washington Corporation; CALIFORNIA RECONVEYANCE COMPANY, a California corporation, and DOES 1 through 100, inclusive, Defendants and Respondents. Appellate Docket No. A134019 Marin County Superior Court Case No. CIV1002039

APPEAL FROM THE JUDGMENT OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF MARIN Hon. Lynn Duryee, Judge Phone: (415) 444-7221

Appellant’s Opening Brief in Jolley vs. Chase Home Finance LLC et al filed by the Law Offices of Vernon Bradley in Marin County, California presents a strong argument that the FDIC and JPMorgan Chase Bank NA entered into an 118 page Purchase and Assumption Agreement, rather than the PAA being circulated through the courts in foreclosure cases throughout the United States federal and state courts.

The brief states:
“On April 19, 2010, Petitioner Scott Jolley‘s Complaint Case No. CIV1002039 was filed in the California Superior Court in Marin County, California. On April 20, 2010, Petitioner obtained a temporary restraining order prohibiting the scheduled trustee‘s sale and thereafter obtained a Preliminary Injunction continuing that relief upon posting a $50,000 bond with the Marin County Superior Court. Petitioner opposed a summary judgment motion brought by Chase and California Reconveyance. The Honorable Judge Duryee took the matter under submission after the hearing, on November 15, 2011, and grant summary judgment in favor of Defendants/Respondents on December 1, 2011. Judgment was entered the same day thereby immediately dissolving the preliminary injunction of August 20, 2011. On January 25, 2012, Petitioner filed this appeal along with a writ of supersedeas requesting an immediate stay to protect his real property against an impending foreclosure and trustee sale. Since the trial court seemed unreceptive to Petitioner’s need for a continued stay during the summary judgment hearing, Petitioner did not formally seek a stay from the trial court because such efforts were clearly futile and the law does not require a litigant to engage in such useless endeavors (please see the accompanying writ reply). Petitioner now files this opening brief along with a reply in support of the writ of supersedeas and stay.

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“Petitioner Jolley and Washington Mutual Bank (.WaMu.) entered into a construction loan agreement which expressly provided that the covenants and agreements of this Security Instrument shall bind the successors and assigns of Lender [WaMu].
“Surprisingly, Respondents now erroneously claim that Chase bears no successor liability for WaMu’s torts and contractual breaches arising from that agreement even though Chase continues to enjoy all of the associated benefits. Respondents mistakenly believe Chase is insulated from successor liability because WaMu subsequently went into FDIC receivership and Chase allegedly took all of WaMu’s assets from the FDIC under a Purchase and Assumption Agreement (PAA) that supposedly allowed Chase to reap all of WaMu’s benefits without bearing any of its burdens.

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“However, under California and federal authority Chase is legally required to step directly into the .shoes. of WaMu, to take the place of WaMu, and to remain fully liable for all torts, breaches of contract and other .sins. committed by WaMu for several reasons.

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“First, because the parties’ contract expressly provided that the covenants and agreements of this Security Instrument shall bind . . . the successors and assigns of Lender [WaMu]. and the FDIC was statutorily required to step directly into WaMu’s shoes, all of the FDIC’s .successors and assigns. were also obligated to take WaMu’s assets subject to its burdens since the FDIC failed to exercise its special rescission powers and never issued any rescission notice to Petitioner as required by law (see below). As explained in the declaration of Petitioner’s expert, Jeffrey Thorne, the FDIC had opened an escrow and were supposed to send out notices of repudiation/rescission to Petitioner and other borrowers within 90 days or another reasonable time, but the escrow closed so quickly that the notices were never sent by the FDIC. Therefore, as discussed below, the FDIC always remained subject to the terms and conditions of Petitioner’s loan contract, including the requirement that Chase, as the .successor and assign. of the FDIC/WaMu must be bound by the contract and .take the place of. the FDIC/WaMu to bear all associated burdens.”

Appellant’s brief further asserts the following:

“Second, according the compelling deposition testimony and declaration of Mr. Thorne, the actual, full and complete PAA (118 pages) makes Chase liable for all torts and contractual breaches by WaMu in stark contrast to the identically named public document (34 pages) posted on the internet.”

“The record is full of competent and convincing evidence to support this fact, including, without limitation, the deposition testimony of Mr. Thorne (Thorne Depo,. CT 69-88, Pgs. 37, 70-73 ) as well as his sworn declaration (Thorne Dec,. CT 53-59). This evidence cannot be lightly dismissed since Jeffrey Thorne is a highly credible expert witness who swears under penalty of perjury that he actually read the real PAA and it does not absolve Chase of liability for WaMu. More specifically, Mr. Thorne’s declaration reads, in pertinent part, as follows:

“1. Currently I am employed as an asset manager for the FDIC through a contractor for the FDIC, RSM McGladrey Inc. I am intimately familiar with the procedures for taking over a failed bank and the required notices that must be given to insulate the buying bank from liability for the original loans of the failed banks.

“2. When Washington Mutual failed, I was involved in the takeover of Washington Mutual by FDIC and the escrow that was opened to sell Washington Mutual to Chase Bank. I was uniquely positioned to be involved in what was known as .Bank No. 26 takeover. as I had previously worked for Washington Mutual, heading their Construction Lending Department for 38 states.”

“4. Within the takeover procedures by the FDIC, the FDIC will enter into an agreement with the succeeding bank. In this instance the FDIC entered into an agreement with Chase Bank. But because of the nature of the transaction, the FDIC guaranteed 80% of the loans, while Chase only assumed 20% of the potential losses on the loans. Pursuant to the public part of the agreement with the FDIC, of which were approximately 39 pages, the balance of the contract and the complete agreement with the FDIC and Chase bank is 118 pages long which has not been made public. I am familiar with this agreement, I have read it, I was involved in the takeover of WAMU with the FDIC, and the balance of the agreement imposes liability on Chase for ongoing contracts with WAMU. Chase took liability for the ongoing contracts in return for getting an 80% discount on the loan‘s principal owed. Essentially, Chase Bank traded their right to cut off all liability on WAMU‘s end for money and a good deal.

“5. Chase assumed the rights and benefits owing to WAMU under its outstanding contracts with its customers. Because of the favorable guarantee from the FDIC, they also agreed to assume the liabilities flowing from the WAMU contracts.

“6. From 2002 to 2006, I was senior loan consultant for WAMU.”
Furthermore Appellant’s Brief states the following:
Mr. Thorne’s testimony is further bolstered by the FDIC’s tacit admission that the document exists, i.e., when Petitioner’s counsel sought the smoking gun document by subpoena, the FDIC’s agent told Petitioner’s counsel that the document could only be obtained after all parties and the trial judge executed a comprehensive stipulated confidentiality agreement and protective order barring dissemination outside of this case. That response indicates something is being hidden.


“More specifically, on or about November 7, 2011, a request of the full and complete PAA from responding party was made orally, responding party denied the existence of such document. On November 8, 2011, a request for the same document was requested from the FDIC. The FDIC refused to provide the document but alluded to its existence by requesting Petitioner provide for the specific portions in which he was seeking, and further advising that the FDIC would redact portions of this agreement. On or about November 8, 2011, a request by subpoena was made to the FDIC, and again the FDIC refused the request and asked Petitioner‘s Attorney to submit to a protective order with a stipulation from all parties. See emails C.T. 142 – 143. On November 9, 2011, Petitioner requested, in writing, the full 118 page contract from Responding party and asked Respondent’s counsel to sign the FDIC’s stipulation. These requests were immediately denied. Petitioner‘s Attorney was then forced to seek ex parte relief from Judge Duryee of the Marin County Superior Court to have all parties execute the stipulated protective order so that the true PAA could be obtained and to continue the jury trial until Petitioner had a fair chance to seek that dispositive evidence. Judge Duryee ignored these requests.

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Perhaps because of Mr. Thorne’s unique qualifications and personal knowledge of the crucial facts, this is the very first case to bring this evidence to light. Previously, Chase mislead courts across the country with the abridged version of the PAA, so case law developed in reliance thereon cannot be deemed valid. It was also reversible error for Judge Duryee to accept the truth of matters asserted in the contested document, i.e., that Chase was absolved of liability. At the very least, Petitioner should be allowed a fair opportunity to finally overcome discovery stonewalling and obtain a copy of the document pursuant to CCP §437c(h), which reads: .If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had or may make any other order as may be just. (emphasis added). Accordingly, it was reversible error to simply ignore Petitioner‘s request. Alternatively, Petitioner should have been allowed to have a jury of his peers evaluate the credibility of Mr. Thorne and Chase’s experts on this crucial factual issue.”

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Apppellant’s Brief argues the following:
“Alternatively, Chase’s successor tort liability also exists under the general rule that a purchaser assumes a seller’s liabilities when (1) there is an express or implied agreement of assumption, (2) the transaction amounts to a consolidation or merger of the two corporations, (3) the purchasing corporation is a mere continuation of the seller, or (4) the transfer of assets to the purchaser is for the fraudulent purpose of escaping liability for the seller’s debts. Id. At 28. The .mere continuation. ground for liability exists due to Chase’s acquisition of all WaMu’s operating assets, its use of those assets and of WaMu’s former employees to maintain the same line of .financial products,. its holding itself out to customers and the public as a continuation of the same enterprise under a new name, its failure to provide:

“WaMu/FDIC with adequate consideration to meet claims of unsecured creditors (a factual determination subject to disputed material facts); the fact that one or more persons were officers, directors, or stockholders of both WaMu and Chase (a factual determination subject to disputed material facts).2 Id.
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“2 The last two facts are based on Appellant’s information and belief. Further expert analysis of the underlying transactions will be required to verify these allegations. However, since expert discovery had not closed before summary judgment, the disputed nature of these facts should have been ground for denial of summary judgment.

.”Moreover, the powerful deposition testimony and declaration of Jeffrey Thorne created triable issues of material fact as to whether Chase defrauded and deceived Appellant and the general public by concealing the true purchase and assumption agreement wherein Chase retained full liability for WaMu’s torts and contractual breaches in exchange for other favorable terms. Mr. Thorne is uniquely qualified to present evidence on this issue and he had personally read the .smoking gun. document so Appellant was entitled to have a jury evaluate credibility regarding this crucial fact, which would clearly preserve Chase’s liability for WaMu’s misconduct.


Link to related documents:
http://www.scribd.com/collections/3675055/Secret-FDIC-and-JPMorgan-Chase-Bank-118-Page-Purchase-and-Assumption-Agreement-for-Washington-Mutual-Bank
http://www.scribd.com/doc/97851793/6-Case-File-Montana-Paatalo-v-J-P-Morgan-Chase-Motion-to-Re-open-Discovery-Re-Inspection-of-118-Page-Wamu-PAA

This is compelling information. Anyone have further information about these assertions should contact Vernon Bradley, Esq. in Sausalito, California or email this author.

Excerpt from the Deposition of Jeffrey A. Thorne:

13. Q. BY MR. BRADLEY: Okay. Now, this 118-page
14. document, can you again describe to me what its contents
15. was?
16. A. There’s two documents. They’re the same
17. document. And it is the right to purchase a financial
18. institution. That’s the purchase agreement. One of
19. them is 35 pages long that is recorded and made public
20. by the FDIC, and the other is a continuation of the 35
21. pages up to the 118 pages that spells out an agreement
22. between the purchasing institution and the FDIC as to
23. how they are to handle the customers upon the purchase
24. of the bank; i.e., how the foreclosures are to be
25. handled, work out agreements that they’re supposed to
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[Page 71]
1. make. Are they supposed to make an offer? They have to
2. make certain offers in writing. They have to present
3. them to the FDIC to Show that they’re working with them
4. In good faith. They just can’t go in and just start
5. foreclosing on everybody that’s not paying.
6. Q. And it’s your testimony that there was such an
7. agreement that Chase Signed with the FDIC when it took
8. over WaMu, this document?
9. A. Yeah, at the facility that I was at, that was
10. one of the documents I had access to through my system,
11. and I saw that document.
12. Q. Okay. And then where would a copy of that
13. document be? The first 32 pages, I think you said, were
14. made public, but the balance of them were withheld from
15. the public.
16. A. Right. It would be at FDIC.
17. Q. Okay. And could those be subpoenaed?
18. A. I’m sure they could.
19. Q. And you would refer to it as the right to
20. purchase document?
21. A. Right.
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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!

Please donate if you liked today’s blog.

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Senate Banking CommitteeTestimony

Of JPMorgan CEO Jamie Dimon Described As “A Big Ass Grabbing Love Fest!”

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June 18th, 2012

Written by John Wright

Jamie Dimon, who is the Chief Executive Officer (CEO) of the JPMorgan Chase bank, testified on Capitol Hill last week before the Senate Banking Committee on June 13th, 2012. He testified in regards to the $2 billion dollars in trade loss that JPMorgan Chase experienced because of irresponsibility and risky bets back in March and early April of this year. He testified to the Banking Senate Committee that it was because “CIO’s traders did not have the requisite to understand the risks they took.” In other words, in short, it meant that they did not know what the fuck they were doing.

Now there were many who were shocked at the blatant public display of bravado and smugness that Jamie Dimon seemed to display before the Senate Banking Committee. There were even more people that were shocked and disgusted by the apparent “love fest” that was happening between some of the members of the Senate Banking Committee and the JPMorgan Chase CEO. This is because some of the Senators were caught on camera giving obvious “love stares” as they listened to Jamie Dimon answer their questions. For example, the youtube below will show you where one Senator starts by first lecturing Jamie Dimon by saying that he “understands the pressures” and he “is not labeling them or judging them” — but only feels that they are destroying Jamie’s potential. The Senator then tells Jamie that there are to be “no more shenanigans” and “no more tomfoolery” and “no more ballyhoo” — because he is not going to get off that easy. However, I want you to pay close attention to the readily apparent “love stares” that the Senator gives to Jamie when he tries to explain to the Senator just why he thinks he is this way.

Remember to look for the love stare.

(Please always watch the youtube attached because it is part of the story)

Okay, so that really was not the Senator or Jamie Dimon. However, I think you get the point.

Nobody should really be surprised that Jamie Dimon and the Senators acted this way though, after you consider that JPMorgan Chase has donated a substantial amount of money to at least six of the twenty two Senate Banking Committee members campaigns. This is including the Chairman of the Senate Banking Committee himself, Senator Tim Johnson from South Dakota. This is because it has been reported that JPMorgan has donated at least $80,000 to Senator Johnson since 1998 – but for the record — they have also donated $136,000 to the top Republican on the Committee, Senator Richard Shelby of Alabama. This might be why the Senate Banking Committee hearing ended up being nothing other than the usual ass grabbing and love stare looking event that we all witnessed happening between members of the Senate Banking Committee and the JPMorgan Chase CEO, Jamie Dimon.

I mean I don’t think I have seen such “love stares” since the BofA and Merrill Lynch CEO were together when BofA bought Merrill Lynch. Click youtube below pictures and listen while you view pictures.

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With that being said, there was one Senator who did challenge Jamie Dimon on the JPMorgan taxpayer Bailout issue. Senator Jeff Merkley (D-Oregon) pointed out to Jamie Dimond that JPMorgan:

  1. Had benefited in Half a trillion dollars in low cost federal loans.
  2. Had benefited in 25 billion dollars in TARP loans.
  3. Had benefited from untold billions indirectly from the bailout of AIG — which helped address their massive exposure and repurchase agreements and derivatives. In other words, if the investors did not receive the insurance money because AIG went belly up – it is likely they would have sued JPMorgan Chase and the other banks for selling them loans that they had misrepresented as being stable. This is because, as we all know, the commercial banks originated loans with homeowners who could not afford the payments. This is because the loans were securitized or insured and, therefore, the banks did not give a shit because soon it would be someone else’s problem once they sold it.

Senator Jeff Merkley (D-Oregon) also implied to Jamie Dimon that JPMorgan would have gone down without the massive federal intervention that had come both directly and indirectly in 2008 and 2009. That is when a very potentially disgruntled and snarky Jamie Dimon told Senator Jeff Merkley that he was “misinformed.” This is because, according to Jamie Dimon, JPMorgan did not need the bailout money that was given to them at that point. He then goes on to explain to the Senator that they had only taken the money because former United States Treasury Secretary Hank Paulson asked them to. This is because Henry Paulson told them that they needed to take it to give to the other banks to save the entire American economy from collapsing. That might be why Jaime Dimon and the former CEO of Bank of Destroying The American Dream, Ken Lewis, think that you and I (the taxpayer) should thank JPMorgan and Bank of Defrauding America for being such great patriots by taking the bailout money to save the economy that they played a major role in ruining.

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Don’t worry Senator Merkley – I’ve got this one for you — because I have longer than five minutes to talk. I will tell America what you really wanted to say.

For example, I noticed that Jamie Dimon’s testimony neglected to mention that these INVESTMENT BANKS AND THE AMERICAN ECONOMY WERE COLLAPSING BECAUSE OF THE BAD HOME LOANS THAT JPMORGAN AND THE OTHER COMMERCIAL BANKS – SUCH AS BANK OF DESTROYING THE AMERICAN DREAM — HAD CREATED AND SOLD TO THE NOW COLLAPSING INVESTMENT BANKS.

The reality is that the investment banks were collapsing because — metaphorically speaking — the dope dealers (commercial banks) had made and sold a bad batch of crack (bad home loans) to their customers (the investment banks). I mean — of course the metaphoric drug dealers (the commercial banks) did not need the bailout money. That is because they had just made all that money selling that bad crack to their customers (the investment banks). However, the dope dealer’s customers (the investment banks) were all dying from buying and ingesting the bad batch of crack the dope dealers had just sold them. This would of course overload the hospital (AIG Insurance Company) with millions of overdosed crack victims (the investors) who had just ingested the bad crack (the bad loans). Unfortunately, the hospital (AIG insurance company) was not built to accommodate millions of overdosed crack victims (the investors) all at the same time. This resembled the investors making a run on the bank – or should I say – the insurance company. This would force the taxpayer (You) to give the hospital (AIG insurance company) a big fat taxpayer bailout. This would result in the drug users (the investors) not asking for a big fat refund from the bad crack (bad loans) that the drug dealers (commercial banks) had just sold them. Then the taxpayer (You) were forced to even give the dope dealers (commercial banks) a 16.6 TRILLION DOLLAR BAILOUT – just so the dope dealers (commercial banks) could buy back the entire batch of bad crack (bad loans) they had just made and sold to their customers (the investment banks such as Merrill Lynch) with taxpayer money. This is so the entire economy of the United States and the World would not eventually die from the bad crack (the bad home loans) that the drug dealers (commercial banks) had just sold them. This is because we were already seeing the effects of the bad crack (bad loans) that were sold to international investors – such as Greece. That is because the people of Greece (unlike the fat – dumb – and happy Americans who did nothing) were none too happy that their government wanted them to pay to save their investors by raising their taxes. Nevertheless, it seemed those chickens came home to roost for the dope dealers (the commercial banks) — because even the dope dealers had a problems now. This is because in 2009, nobody (meaning the investors) wanted to buy their bad crack (bad loans) anymore. What a dumb dope dealer to kill their customers with a bad batch of crack. However, the dope dealers (the commercial banks) could not help themselves because they were too greedy to stop long enough to see they were even killing themselves with the bad crack (bad loans). Now the dope dealers (the commercial banks) were about to also callapse – which incidentally – the United States economy was connected to both the good and the bad crack the drug dealers (commercial banks) had made. That is why the taxpayer (You) purchased Fannie and Freddie. That way Fannie and Freddie (the government) could stop the dope dealers (commercial banks) from collapsing — by buying up all the dope dealer’s (the commercial bank’s) bad crack they now had no customers (the investors) for anymore. Unfortunately, the result would be that Fannie and Freddie (the government and taxpayer) would now be the proud owner of bunch of bad crack (the bad loans). It is also why you actually have a zero balance with your lender — because the taxpayer paid off the loans to the banks. Nevertheless, in the meantime, the dope dealers (the commercial banks) realized that they now had a new customer that would continue to buy their bad crack (the bad loans). This new customer was way better than the old customer (the investment banks) — simply because this new customer would continue to buy their bad crack (the bad loans) even though they knew it was bad crack. The new customers were THE UNITED STATES GOVERNMENT. They knew that the United States government would continue to buy the bad crack in the form of bailouts – because like a junkie – the United States government needed the crack and the drug dealers to survive to get their fix that helped them survive too. There were also no laws to stop the drug dealers (the commercial banks) from making the bad crack (the bad loans). Well, I should say there used to be law against it, until the Clinton administration was able to get the Glass-Steagall Act repealed.

Now Jamie Dimon wants you to believe that they lost $2 billion dollars because the JPMorgan traders “did not have the requisite to understanding the risks they took.” However, in my opinion, Jamie Dimon and JPMorgan Chase are only trying to make one more last drug run before the drug is made illegal again.

That is why the American people will not be saying thank you for taking the bailout money, Mr. Dimon. Instead, the American people will be telling tell you to go fuck yourself!

See! I told you I got it Senator Merkley!

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Now does anyone here still wonder why Iran wants nothing to do with implementing the American system in their country? (tongue- in – cheek) Come on Iran!  It’s not so bad!  Don’t be a dummy!  Be a smarty!  Come and join our banking party!

Well look at bright side – which is that I guess we never have to worry about Iran destroying America with a nuclear weapon. Well look at the bright side –  which is that I guess we never have to worry about Iran destroying America with a nuclear weapon.  This is because the Senate Banking Committee will have already let JPMorgan Chase and Jamie Dimon totally destroy America by the time Iran has built one.  

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!

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  1. On 06/18/12 In House Testimony, Dimon Sticks to Script

  2. Full C-SPAN version Senate Banking Comimitee testimony

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House of Dimon Marred by CEO Complacency Over Unit’s Risk

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Piggybankblog posted 06/11/12

Piggybankblog posted picture

Cross linked story with Bloomberg.com

JPMorgan Chase & Co. (JPM) could have spotted trouble at its chief investment office long before traders there racked up at least $2 billion in losses. One reason it didn’t: Chief Executive Officer Jamie Dimon.

Dimon treated the CIO differently from other JPMorgandepartments, exempting it from the rigorous scrutiny he applied to risk management in the investment bank, according to two people who have worked at the highest executive levels of the firm and have direct knowledge of the matter. When some of his most senior advisers, including the heads of the investment bank, raised concerns about the lack of transparency and quality of internal controls in the CIO, Dimon brushed them off, said one of the people, who asked not to be identified because the discussions were private.

Dimon’s actions contrast with his reputation as a risk-averse manager who demands regular and exhaustive reviews of every corner of the bank. While Dimon has said he didn’t know how dangerous bets inside the CIO had become, the loss on those trades calls into question whether anyone can manage a financial empire as vast as JPMorgan, which became the biggest U.S. lender last year and now has more than $2.3 trillion in assets, larger than the economies of Brazil or the U.K.

“These institutions are too big to manage because even the bank that was considered to be the best-managed turns out to have had a significant glitch,” said Gary Stern, a former president and CEO of the Federal Reserve Bank of Minneapolis and co-author of the 2004 book “Too Big to Fail: The Hazards of Bank Bailouts.”

Testifying Tomorrow

The trading breakdown has undermined Dimon’s authority as a critic of regulatory efforts to curb speculation by deposit-taking banks, and triggered government probes in the U.S. and the U.K. It also cost Chief Investment Officer Ina R. Drew, one of the most powerful women on Wall Street, her job. JPMorgan shareholders have seen about $30.1 billion of market value wiped out since Dimon disclosed the loss.

Dimon may have to account for his decisions as soon as tomorrow, when he’s scheduled to testify about JPMorgan’s trading loss before a Senate committee in Washington. The senators, led by South Dakota Democrat Tim Johnson, may ask Dimon why he didn’t ensure that the chief investment office’s risk managers kept pace with the nature of the unit’s business.

Dimon, 56, declined to comment for this article.

The CIO’s mission includes investing deposits the bank hasn’t loaned. Over the past four years, assets controlled by the unit ballooned fivefold to $374.6 billion in the first quarter, making it one of the largest money managers on Wall Street. Yet the unit was ill-equipped to handle the size and complexity of its credit-derivative portfolio, according to two former CIO executives and one current executive.

Limits Ignored

As Dimon encouraged the CIO to take more risk in search of profits, the unit raised limits on positions and sometimes ignored them, the former executives said.

At the same time, the position of chief risk officer inside the CIO was a revolving door, with at least five executives holding the job in six years, according to people familiar with the matter. Irvin Goldman, appointed in February and replaced in May, had been fired in 2007 by brokerage Cantor Fitzgerald LP for money-losing bets that led to a regulatory sanction of the firm, said three people with knowledge of the matter. Goldman, 51, wasn’t directly accused of wrongdoing.

The division’s London team built up a book of credit derivatives beginning in 2008 that became so large by late 2010 that employees couldn’t unwind it without roiling the markets or incurring large losses, according to current and former executives.

London Whale

Risk management at the CIO was a world of its own: This year its traders valued some of their positions at prices that differed from the investment bank, people familiar with the situation have said. One trader built up positions in credit derivatives so large and market-moving he became known as the London Whale. It was those bets on credit-default swaps known as the Markit CDX North America Investment Grade Series 9 that backfired and forced JPMorgan to disclose the trading loss.

While Dimon allowed risks inside the CIO to mount, members of his board lacked the experience to police it. None of the three people on the board’s risk-policy committee has worked as a banker or had any experience on Wall Street in the past 25 years, and one is a museum director.

Dimon’s push to take greater risks in the chief investment office, first reported by Bloomberg News on April 13, began in 2005, not long after New York-based JPMorgan completed its acquisition of Bank One Corp. and he became CEO.

‘New Vision’

He created the CIO, elevated Drew from treasurer to chief investment officer, had her report directly to him and encouraged her department, which had invested mostly in government-backed securities, to seek profit by speculating on higher-yielding assets such as credit derivatives, according to more than half a dozen former executives. Sometimes Dimon suggested positions, such as directional bets on economic trends or asset classes, one current executive said.

“We want to ramp up the ability to generate profit for the firm,” David Olson, a former head of credit trading for the CIO in North America, recalled being told by two executives when he was hired in 2006. “This is Jamie’s new vision for the company.”

Bank of America Corp., Citigroup Inc. and Wells Fargo & Co. (WFC), the next three largest U.S. banks, say their corporate investment offices follow more conservative strategies and don’t trade credit-default swaps or indexes linked to the health of companies, as JPMorgan is said to have done.

Surging Profits

In 2006, Drew hired Achilles Macris, 50, a former co-head of capital markets at Dresdner Kleinwort Wasserstein, to oversee trading in London and carry out Dimon’s mandate to generate greater profits, three former employees said. When JPMorgan acquired Bear Stearns Cos. and Washington Mutual Inc. at fire-sale prices in 2008 and with government support, the CIO’s portfolio more than doubled to $166.7 billion from $76.2 billion the previous year.

Profits surged as assets swelled. The group started making more exotic trades, betting against an index of subprime mortgage bonds in 2007 that resulted in a roughly $1 billion profit that year, according to one former CIO executive and another person briefed on the trade. The following year, the corporate division, which includes CIO and treasury results, earned $1.5 billion, compared with a net loss of $150 million in 2007. Net income for the division was $3.7 billion in 2009.

Earnings Impact

As large as those numbers were, they understated the CIO’s real profitability. Because Drew, 55, and her traders invested on behalf of JPMorgan’s deposit-taking businesses, some of the income they generated flowed to other departments, such as the retail bank. Macris’s team in London, running a portfolio of as much as $200 billion in trades, had a profit of $5 billion in 2010 alone, more than a quarter of JPMorgan’s net income that year, one former executive said.

The CIO may have contributed as much as 80 cents a share to the company’s earnings, according to estimates by Charles Peabody, an analyst at Portales Partners LLC in New York.

“The issue that is still being underestimated is how much of their core earnings power is going to be reduced by restructuring and reining in that CIO office,” he said in a June 4 interview on “Bloomberg Surveillance.”

In addition to making speculative bets, the CIO took on a bigger role after the financial crisis, hedging JPMorgan’s potential losses on loans and corporate bonds by taking positions in credit derivatives.

CIO Oversight

The question of CIO oversight arose in the months after the crisis, when top JPMorgan executives heard what Macris and his fellow traders in the London office were doing and raised concerns to Dimon that the unit’s risk management was inadequate, according to the two executives familiar with the conversations.

William Winters and Steven Black, co-heads of JPMorgan’s investment bank at the time, were among those who sought more information about the CIO’s changing risk profile, according to people who participated in or witnessed the conversations.

James “Jes” Staley, 55, who ran asset management at the time and now heads the investment bank, and John Hogan, then the investment bank’s chief risk officer, also questioned why risk controls inside the CIO weren’t as extensive or robust as in other departments.

Visibility Lacking

“That’s absurd,” said Kristin Lemkau, a spokeswoman for the bank. Winters, Black and Staley never complained about a specific risk in the CIO’s office, she said. If they had, Dimon’s protocol would have been to gather the relevant data, let them talk to Drew and return to him if they weren’t satisfied with her response, a bank executive said. The operating committee, on which they all sat, also could have reviewed the matter if they still had concerns, the person said.

It’s also “totally untrue” that Hogan questioned why the CIO didn’t have as effective or robust risk controls as other divisions, Lemkau said.

One sore spot for executives inside the investment bank was the lack of visibility into CIO positions, according to two people with direct knowledge of the matter. While the weekly risk-committee meetings held by the investment bank were open to members of senior management and were attended regularly by Macris and occasionally by Drew, parallel sessions run by the CIO were closed to anyone outside the unit, these people said.

Chinese Wall

Among the explanations offered for Drew’s autonomy: There was a so-called Chinese wall between the CIO and investment bank because Drew’s unit was also a client, according to one current and two former executives. The CIO used the investment bank to place and process trades. Drew didn’t trust that division to refrain from using the data to its advantage by offering non-competitive prices or by trading against her, according to a former executive who participated in those talks.

It also was widely known within the bank that Winters, 50, and Black, 60, didn’t get along with Drew, according to a current and a former executive.

A person close to the bank offered a different description of the circumstances: While Dimon didn’t adopt a double standard for Drew, he and other senior executives became complacent toward the CIO over time as a result of her track record as a consistent money maker, this person said.

Winters and Black proposed redefining the role of Ashley Bacon, then head of market risk for the investment bank, to extend his oversight to the CIO, a former bank official said. The executives also asked that CIO risks be disclosed in greater detail at review meetings and that other members of the bank’s operating committee be involved in assessing them.

Dimon’s Response

Dimon’s response, one of the people said, was that the situation was under control. It was an answer that one former executive said he got from Dimon again and again, as risks in the CIO grew to potentially perilous levels.

“You really need people who have a very broad view of things both quantitatively and with market knowledge and have the clout within the firm to actually be heard,” said Emanuel Derman, a former head of quantitative risk strategies at Goldman Sachs Group Inc. (GS), a professor at Columbia University and author of “My Life as a Quant” and “Models Behaving Badly.” “To say that it’s OK with the desk is not the right thing to do.”

In 2009, Dimon fired Winters and relieved Black of operating responsibility. Staley took over as head of the investment bank, and Mary Erdoes, 44, succeeded him at asset management. Winters, Staley and Hogan declined to comment on the discussions. Black didn’t return phone calls seeking comment.

‘Structural Deficiencies’

Dimon and what he called his “fortress balance sheet”meanwhile were being lauded by politicians and the media. He steered JPMorgan through the 2008 financial crisis without a single quarterly loss. New York magazine dubbed him “Good King Jamie,” while a biography by Duff McDonald was titled “Last Man Standing: The Ascent of Jamie Dimon and JPMorgan Chase.”

“In the wake of the financial crisis, he came to represent this notion that, if well-managed, a bank didn’t need to be regulated all that heavily,” said Rakesh Khurana, a management professor at Harvard Business School in Cambridge, Massachusetts, and author of “Searching for a Corporate Savior: The Irrational Quest for Charismatic CEOs.” “That may have contributed to some structural deficiencies in governance and risk management. It probably created the benefit of the doubt to his direction in the board room and probably a lot of deference to his authority in day-to-day operations.”

Drew spent three decades at the firm and its predecessors, helping steer it through the Russian debt crisis and the collapse of hedge fund Long-Term Capital Management in 1998.

Longer Leash

At first, she maintained tight control over the CIO’s trades, former colleagues and employees said. She ran the group’s daily 7 a.m. meetings in a seventh-floor conference room at JPMorgan’s headquarters at 270 Park Ave. in Manhattan, according to former traders. She placed strict limits on how much an investment could lose or gain, and traders were required to exit positions if losses exceeded a certain amount, according to one former manager in London and several former traders.

Macris gave traders a longer leash and imposed fewer controls, according to three former executives. So-called stop-loss limits, which were supposed to trigger an internal review or require a trader to immediately exit a position if losses grew too large, weren’t always enforced, the executives said. Macris didn’t respond to e-mails or phone calls seeking comment.

The shift in risk appetite led to the departures in 2008 of some traders who specialized in more-liquid markets where risk was easier to measure, such as interest-rate products and foreign exchange, three other former CIO executives said. Under Macris, the CIO’s London office bought European mortgage-backed securities, structured credit and other assets that brought higher yields and more risks than the safest short-term Treasury bonds.

Boeing 747

Peter Weiland, who graduated from Princeton University with a degree in chemistry and had been overseeing risk for JPMorgan’s proprietary-trading group, was transferred in 2008 into the same role at the CIO. He immediately saw faults in the division’s risk-management system, said two former executives who worked with him.

While Drew hired traders and quantitative analysts needed for trading, she failed to add the staff, computer models or technology necessary to evaluate the new risks, a former and a current executive said. The risk-management systems and framework designed to spot potential pitfalls, especially in credit derivatives, didn’t keep pace with the portfolio’s expansion, the people said.

Changing VaR

Weiland became concerned that Bruno Iksil, the trader in Macris’s office now known as the London Whale, had amassed a complex and illiquid position, according to two former executives. Weiland, who declined to comment, warned Macris and Drew about the trades on numerous occasions beginning in 2010, the people said. It was a topic of frequent discussions in the CIO’s global weekly meetings, they said.

Weiland compared efforts to reduce Iksil’s outsized position to the difficulty of trying to safely land a Boeing 747 without flying lessons, one executive said. The position was so large and illiquid, Weiland said he couldn’t get the plane below 35,000 feet, the executive said.

By 2010 Iksil’s value-at-risk, or VaR — a formula used by banks to assess how much traders might lose in a day — already was $30 million to $40 million, a person with knowledge of the matter said. At times the figure surpassed $60 million, the person said, about as high as the level for the firm’s entire investment bank, which employs 26,000 people.

Too Illiquid

Drew, who resigned last month after the CIO losses were announced, was on sick leave for about six months in 2010, during which time Macris and Althea Duersten, head of the CIO for North America, ran the division. The daily meetings were moved to a larger conference room near their new offices on the 10th floor to accommodate about 40 people in attendance. Drew relocated to the executive suites, more than 30 floors higher, to be closer to Dimon.

Drew and Macris agreed to reduce Iksil’s positions and tried to do so beginning in early 2011, according to a current and two former executives. The plan was to work down the book gradually as they found opportunities to sell the assets, these people said. The problem: No one was buying. The position was too large and illiquid and couldn’t be reduced without a loss. Drew and Macris decided the bank could hold the trades to maturity and that the risk of being forced to liquidate them under duress was low, according to the former executives.

‘Risk 101’

Early this year, as the size and volatility of its trades were growing, the bank changed the computer-based mathematical formulas for calculating the chief investment office’s VaR. The new model had the effect of understating the risk of losses from Iksil’s trades: It showed an average daily VaR within the CIO of $67 million, about where it stood in the fourth quarter of 2011.

On May 10, when JPMorgan announced the loss, Dimon said the bank had reviewed the effectiveness of the new model, deemed it“inadequate” and decided to go back to the original model. On that basis, VaR doubled to $129 million. So far, the bank hasn’t disclosed how or when VaR for the CIO unit was changed while the model for the rest of the firm remained untouched. Nor has it explained who sought the change and who approved it.

Unable to unwind Iksil’s bets, the bank tried to hedge them this year with other trades, exacerbating the losses, Dimon said on May 10. Iksil had amassed positions in securities linked to the financial health of corporations that were so large he was driving price moves in the $10 trillion market.

Dimon later called it “a Risk 101 mistake.” Shares of the company have dropped 19 percent through yesterday since the losses were announced, and at least half a dozen agencies, including the U.S. Department of Justice and the Securities and Exchange Commission, are investigating.

‘Brightest Angel’

While Dimon hasn’t faced the same public scrutiny that rivals at Goldman Sachs and Bank of America endured after the 2008 credit crunch, the attention surrounding his testimony has echoes with the bank’s own history. In 1933, after Congress was shaken by another financial crisis, J.P. “Jack” Morgan, then CEO of the company, was summoned to testify about preferential treatment that JPMorgan gave certain clients.

The public reaction was “extreme disillusionment: the brightest angel on Wall Street had fallen,” Ron Chernow wrote in his 1990 book, “The House of Morgan.” The scandal “cast it in the mud with other banks.”

The embarrassing disclosures in those hearings led to theGlass-Steagall Act, which forced JPMorgan to split off its investment-banking business from its deposit-taking arm. Dimon’s testimony tomorrow may have a similar effect: Giving ammunition to those who would enforce stricter regulation of banks, including advocates of the Volcker rule, which would bar most proprietary trading by deposit-taking institutions and that the JPMorgan CEO has fought vociferously.

Psychiatrists

He has said former Fed Chairman Paul Volcker, for whom the rule is named, doesn’t understand capital markets. He quipped that bankers will need psychiatrists to evaluate whether their trades qualify as hedges. Last year he took on Fed Chairman Ben S. Bernanke in a public forum, blaming excessive regulation for slowing a U.S. economic recovery and asking whether anyone has“bothered to study the cumulative effect of all these things.”

Now, his own lapses may come back to haunt him.

“The risk management is as amateurish as you can get on Wall Street,” Nassim Taleb, a professor of risk engineering atNew York University and author of “The Black Swan: The Impact of the Highly Improbable,” said in a telephone interview about the bank’s loss. “JPMorgan is vastly more fragile today than it was five years ago, and the system is more fragile today with more too-big-to-fail banks with proven incompetence at their management level.”

To contact the reporters on this story:Erik Schatzker in New York at eschatzker@bloomberg.net; Dawn Kopecki in New York at dkopecki@bloomberg.net; Bradley Keoun in New York at bkeoun@bloomberg.net or @liqquidity on Twitter

To contact the editors responsible for this story: David Scheer at dscheer@bloomberg.net

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Big U.S. Banks Brace for Downgrades

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Piggybankblog posted 06/08/12

Piggybankblog posted picture

Cross linked story with wsj.com

By KELLY NOLAN, KIRSTEN GRIND and ANUSHA SHRIVASTAVA

Banks, bond issuers and investors are bracing for aftershocks from a wave of bank downgrades expected to hit the U.S. as soon as the coming week.

Moody’s Investors Service has said it is likely to reduce by the end of June credit ratings for 17 large global banks, including five of the six biggest U.S. financial firms by assets. The downgrades are expected to raise borrowing costs and crimp some lucrative trading businesses at the banks, including at J.P. Morgan ChaseJPM +2.65% & Co., Bank of America Corp., BAC +1.89%Citigroup Inc., C +3.20%Goldman Sachs Group Inc. GS +0.57% and Morgan StanleyMS +2.24% .

The ratings adjustments also could affect how municipalities raise money to provide services and build schools, how money-market funds invest cash from companies and savers, and how banks raise capital to support their lending and trading. Already, money-market funds are curbing some lending to banks, and cities and states are switching bankers.

The impending downgrades are adding to the unease already plaguing banks, investors and borrowers. Financial markets are on edge as the European debt crisis deepens and the likelihood grows of a Greek exit from the euro zone. Economies in the U.S. and China are showing signs of slowing.

Many debt investors have rushed into safe-haven assets such as U.S. Treasurys and are avoiding any investments that have even an inkling of risk.

The ratings action has been in the works since February, when the Moody’s Corp. unit said it would review the credit ratings of more than 100 banks around the world because of pressures on bank profits. Those threats include uneven economic growth, nervous financial markets and tighter regulations. A Moody’s spokesman declined to comment.

While banks and investors all anticipate downgrades in the coming week, many banks have lobbied Moody’s to limit the size of its cuts. The market has also had months of warning, potentially limiting the immediate impact of any downgrades.

The $2.6 trillion money-market-fund industry is likely to be particularly affected. Those funds are restricted by law in what they can buy, and typically must have the bulk of their holdings in the most highly rated short-term debt—rated Prime-1 by Moody’s. That includes everything from commercial paper sold by the world’s biggest banks to some forms of debt sold by municipalities.

Moody’s is considering lowering ratings on the short-term debt of the main banking units of companies such as Bank of America and Citigroup, from Prime-1 to a second-tier rating of Prime-2. That would make their debt less attractive, and in some cases off limits, to money funds.

“Every time Moody’s downgrades, it’s going to lower our universe of what we can buy,” said David Fishman, co-head of global liquidity management for Goldman Sachs Asset Management.

Money-market funds have become more reluctant recently to lend to banks in the U.S. and Europe. Many funds are only willing to lend on an overnight basis to banks on review for downgrade, and they are shunning banks that suffer large downgrades.

“Over the past few weeks, some investors have shortened the tenor of lending to banks both within and outside the euro zone,” said Chris Conetta, global head of commercial-paper trading at BarclaysBCS -0.67% PLC in New York. “Many who had been buying paper in the six-month area have recently focused their lending to three months and shorter.”

Overnight loans made up 31% of assets at U.S. prime-money-market funds at the end of April, according to Fitch Ratings. That is the highest percentage since Fitch began tracking such data in 2010, and up from 28.4% in March.

As money funds reduce their investments in commercial paper, banks lose a crucial form of funding. The loss could be offset by the fact that banks are flush with deposits and have been shifting their funding sources in anticipation of downgrades, market participants said. Many banks have also curtailed their short-term borrowing since the financial crisis.

Across the U.S., cities, states and other municipalities have been racing to avoid becoming collateral damage.

Bank of America, Citigroup and other banks are big backers of a kind of municipal debt known as variable-rate demand bonds. If those banks are downgraded, the bonds will be, too, pushing up interest costs and lowering the debt’s value. Spokesmen for Bank of America and Citigroup declined to comment.

In Cleveland the city’s debt manager, Betsy Hruby, raced to replace Bank of America as the backer of $90 million of water-department bonds. “We realized that might have an impact on the rate” of the bonds, she said.

Ms. Hruby turned to Bank of New York Mellon Corp., BK 0.00% which isn’t under Moody’s scrutiny.

Other municipalities are seeking additional ratings from other ratings companies such as Moody’s rivals Fitch or Standard & Poor’s, which aren’t planning to downgrade the banks anytime soon.

The Pittsburgh Water and Sewer Authority asked Fitch to rate about $73 million of variable-rate bonds it sold in 2008 backed by Bank of America, according to Stephen Simcic, acting co-executive director at Pittsburgh Water.

That gave the authority a third rating, along with S&P and Moody’s. The extra rating means the bonds now have at least two top short-term grades, offsetting any impact from a Moody’s downgrade.

Getting an extra rating “was one option we could pursue quickly without too much pain,” said Mr. Simcic. “We thought it was a prudent measure.”

Investors in such debt are preparing for the changes.

Craig Mauermann, who manages the $850 million BMO Tax-Free Money Market Fund, said he recently has been buying municipal bonds backed by banks “not under the gun,” while selling bonds in danger of being hit by a downgrade.

“We manage the most conservative type of investment there is in the world,” he said. “We continue to reduce risk in all ways we can.”

Some banks have estimated some of the direct costs of a Moody’s downgrade, such as additional collateral they would have to post or termination payments they would make.

In its first-quarter financial report, Morgan Stanley said it could pay as much as $9.6 billion for a three-notch downgrade by multiple rating agencies. Goldman Sachs said its costs could hit $2.2 billion for a two-notch reduction, and Bank of America said a one-notch downgrade could deliver a $2.7 billion hit.

The biggest impact could be to deprive some institutions of trading revenue. A three-notch downgrade of Morgan Stanley could slash demand for derivatives, a crucial business on Wall Street, by around 30%, estimates Alliance Bernstein analyst Brad Hintz.

The downgrades would mean that Moody’s ratings for the five U.S. banking giants are the lowest of the three major credit-rating firms. While Moody’s has given the market plenty of notice, some investors worry that action by Moody’s could precipitate downgrades by S&P and Fitch.

“The Moody’s action is concerning because it’s the beginning of what you might continue to see,” said James McCarthy, co-head of global liquidity management at Goldman Sachs Asset Management.

—Colin Barr and Jeannette Neumann contributed to this article.

Write to Kelly Nolan at kelly.nolan@dowjones.com, Kirsten Grind at kirsten.grind@wsj.com and Anusha Shrivastava at anusha.shrivastava@dowjones.com

A version of this article appeared June 9, 2012, on page A1 in the U.S. edition of The Wall Street Journal, with the headline: Big U.S. Banks Brace for Downgrades.

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America’s Biggest Banks, JPMorgan Trumps Bank Of America Again

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Piggybankblog posted 06/07/12

Piggybankblog posted picture

Cross linked story with forbes.com

There’s not much change on the latest list of the top 50 U.S. banks except that the nation’s biggest banks have become even bigger.

Sitting at the top for the last couple of quarters is JPMorgan Chase which took the #1 spot from Bank of America during the third quarter last year. With $2.3 trillion in assets and $1.1 trillion in deposits JPM is hanging on to a comfortable lead, according to the most recent ranking from SNL Financial.

Bank of America which led the big bank list since 2009 is now trailing JPM with its $2.2 trillion in assets and $1 trillion in deposits.

Citigroup remains in the number three slot with $1.9 trillion in assets and $906 billion in deposits. San Francisco-based Wells Fargo is a much farther number four with $1.3 trillion in assets but it does however top Citi’s deposit base with $930 billion.

More notably however is that all four of the nation’s biggest banks managed to increase both assets and deposits. JPM’s assets were up 2.7% and deposits made a small jump by .1%. At BofA assets were up 2.5% and deposits .8%.

At Citi assets rose 3.8% and deposits jumped higher by 4.6%. Wells meanwhile increased assets by 1.3% and deposits by 1.1%.

It also appears that HSBC North America is gaining market share as it moved to the number eight slot from nine last quarter with assets rising 3.8% to $298 billion.

Much of the change on SNL’s list of bank rankings is due regulatory changes. SNL explains, “On SNL’s previous rankings, some thrifts had to be ranked at the subsidiary level, since banking data was only available for the units, but now most holding companies previously regulated by the [now defunct Office of Thrift Supervision] have to file the same reports as bank holding companies, Form Y-9Cs.”

That means some companies were able to move up in the rankings like Charles Schwab which sits at number 19 with $111.5 billion in assets and $62 billion in deposits. Previously only Schwab’s subsidiary Charles Schwab bank was ranked and sat in the number 26 slot.

From SNL:

San Antonio-based United Services Automobile Association ranked at No. 20, while its subsidiary USAA FSB was 31st in the previous list. New York-based Deutsche Bank Trust Corp. landed at No. 30, while Deutsche Bank Trust Co. Americas was No. 32 in the previous list. New York-based E*TRADE Financial Corp. at No. 33 retained the ranking previously held by its subsidiary E*TRADE Bank, and IMB HoldCo LLC, parent of OneWest Bank FSB, now files data, though it has moved down to 43 from 41.

There were also a few newcomers who were able to enter the list thanks to recent acquisitions of depository institutions. Raymond James Financial premiered at number 46 thanks to its acquisition of Morgan Keegan. RFJ now has has $22 billion in assets.

See the full list from SNL Financial below:

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JP Morgan Chase had ‘inadequate risk controls’ in $2 billion loss

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Piggybankblog posted 06/06/12

Piggybankblog posted picture

Cross linked story with cregonlive.com

A top federal regulator says JPMorgan Chase had weak controls in place to contain risk in its investment division that suffered a $2 billion-plus trading loss.

U.S. Comptroller of the Currency Thomas Curry told a Senate panel on Wednesday that the nation’s largest bank began reducing the amount of hedging it was doing to minimize potential losses at the end of 2011. Curry’s agency is examining JPMorgan’s risk-containment policies in the weeks before it suffered the trading loss this spring.

Curry told the Senate Banking Committee that “inadequate risk management” was the problem. He said his agency is conducting an extensive review that “will focus on where breakdowns or failures occurred.”

Senators pressed Curry to explain why regulators weren’t able to detect the risks that led to the loss earlier.

Did the Comptroller’s Office, which had 65 examiners onsite at JPMorgan’s offices, “screw up” in monitoring the bank, asked Sen. Bob Menendez, D-N.J.

“We’re going to critically look at that question,” Curry responded. “It will be a critical self-review.”

The Office of the Comptroller of the Currency, which is part of the Treasury Department, oversees about 2,000 banks.

JPMorgan’s $2 billion-plus trading loss has renewed calls from lawmakers and Obama administration officials for tougher regulation.

JPMorgan spokesmen declined to comment on Curry’s remarks. The bank’s CEO Jamie Dimon acknowledged the loss May 10, weeks after dismissing concerns about the bank’s trading as a “tempest in a teapot.” He more recently called the loss “a black mark” for the bank.

Dimon has said the loss came from trading in credit derivatives that was designed to hedge against financial risk, not to make a profit for the bank.

The Federal Reserve also is conducting a review of the JPMorgan loss.

Another federal agency, the Commodity Futures Trading Commission, is also investigating JPMorgan’s ill-timed bet on complex financial instruments that led to the trading loss. And the Securities and Exchange Commission is reviewing what the bank told investors about its finances and the risks it took weeks before suffering the loss.

Regulators say the loss underscores the need to tighten rules mandated under the 2010 financial overhaul law.

The misstep at JPMorgan has revived debate over the so-called Volcker Rule, which would prevent banks from trading for their own profit. The idea is to protect depositors’ money, which is insured by the government. Regulators are completing work on the rule, which is scheduled to take effect in July. But banks will have until July 2014 to meet its requirements.

Dimon has been among the most vocal critics of the Volcker Rule. The big Wall Street banks won an exemption in the rule: It would let them make such trades to hedge not only the risks of individual investments but also the risks of a broader investment portfolio.

Dimon is scheduled to testify at a hearing of the banking committee next Wednesday.

– The Associated Press
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/JPMorgan Employees Sue Jamie Dimon, Ina Drew Over Losses

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Piggybankblog posted on 05/23/12

Piggybankblog posted picture

Cross linked story with forbes.com

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Add it to the growing list of people going after JPMorgan Chase. Employees are suing the bank over the $2 billion trading loss that they say hurt their retirement plans.

A lawsuit filed on behalf of JPMorgan employees says their retirement accounts fell in value after news broke about the trading loss, Reuters reports. That’s because the plan holds JPMorgan shares which have dropped 18% since the loss was announced on May 10.

The complaint, filed in U.S. District Court, Southern District of New York, names the bank, its CEO and chairman Jamie Dimon as well as former CIO Ina Drew, who resigned soon after the loss was revealed, as defendants. According to the suit, the defendants violated the federal Employee Retirement Income Security Act which gives plan participants the right to sue for breaches of fiduciary duty.

The plaintiffs say their plan suffered hundreds of millions of dollars in losses. “If defendants had discharged their fiduciary duties to prudently manage and invest the plans’ assets, the losses suffered by the plans would have been minimized or avoided,” the suit says.

This isn’t the first suit for JPM related to its now infamous trading loss which has yet to be unwound. JPMorgan investors filed lawsuits last week against the bank’s executives saying they made “materially false and misleading statements and omissions” during the bank’s April 13 earnings call. From that suit:

Defendants misrepresented the losses and risk of loss to the company arising from massive bets on derivative contracts related to credit indexes reflecting interest rates on corporate bonds,” the complaint says. “These derivative bets went horribly wrong, resulting in billions of dollars in lost capital for the company and billions more in lost market capitalization for JPMorgan shareholders.

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FDIC sues big banks over toxic mortgage securities bought by 2 failed Illinois banks

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Piggybankblog posted on 05/21/12

Piggybankblog posted picture

Cross linked wth washingtonpost.com

By Associated Press, Updated: Monday, May 21, 3:28 PMAP

WASHINGTON — The government has sued several big banks over toxic mortgage securities they issued that were bought by two small Illinois banks which failed in May 2009.The Federal Deposit Insurance Corp., which seized the two banks when they failed, filed the civil lawsuits Friday in federal court. The agency named as defendants banks including Citigroup, JPMorgan Chase, Bank of America, Credit Suisse, Deutsche Bank, Royal Bank of Scotland, UBS and HSBC.
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The FDIC says the banks made false statements and deceived investors about the risks in the securities backed by pools of home mortgages. The failures of the two Illinois banks, Strategic Capital Bank and Citizens National Bank, cost the deposit insurance fund $169 million and $37.2 million, respectively. The FDIC seeks a total of about $92 million in damages.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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U.S. Banks Sold More Swaps on European Debt as Risks Rose

Piggybankblog posted on 05/17/12

Picture posted by Piggybankblog

Cross linked with businessweek.com

U.S. banks increased sales of protection against credit losses to holders of Greek, Portuguese, Irish, Spanish and Italian debt in the last quarter of 2011 as the European debt crisis escalated.

Guarantees provided by U.S. lenders on government, bank and corporate debt in those countries rose 10 percent from the previous quarter to $567 billion, according to the most recent data from the Bank for International Settlements. Those guarantees refer to credit-default swaps written on bonds.

JPMorgan Chase & Co. (JPM) (JPM) and Goldman Sachs Group Inc., two of the top CDS underwriters in the U.S., say they have bought more protection than they sold, indicating they may benefit from defaults in the region. That outcome is called into question by JPMorgan’s $2 billion loss on similar derivatives, which shows that risks don’t vanish when offsetting bets are taken, said Craig Pirrong, a finance professor at the University of Houston.

“All these hedges trade one risk for another,” said Pirrong, whose research focuses on derivatives markets. “The banks say they’re flat on European risk, but that’s based on aggregated positions. We don’t know how those will hold off if the European crisis blows up.”

JPMorgan Chairman and Chief Executive Officer Jamie Dimon said last week that the bank was trying to reposition a portfolio of corporate credit derivatives and used a flawed trading strategy. The lender, the largest in the U.S. by assets, is believed to have sold protection on an index of corporate debt and bought protection on the same index to hedge its initial bet, according to market participants who asked not to be identified because their trading strategies aren’t public.

The two bets moved in opposite directions this year, causing losses and proving that even hedges that look perfect can break down, Pirrong said.

JPMorgan, Goldman Sachs

JPMorgan said in a regulatory filing that it purchased $144 billion of CDS related to the five European countries as of the end of the first quarter, while it sold $142 billion. Goldman Sachs (GS) (GS) bought $175 billion of protection and sold $164 billion, the firm said in its filing. Spokesmen for the two New York-based banks declined to comment. Bank of America Corp. (BAC), Morgan Stanley (MS) (MS) and Citigroup Inc. (C) (C) report only net CDS exposures.

The five banks together account for 96 percent of the credit-derivatives market in the U.S., according to the Office of the Comptroller of the Currency. JPMorgan has written a quarter of the total, the OCC data show.

Matched Protection

Not all protection sold by banks is matched exactly by protection bought. CDS purchased and sold on Spanish sovereign debt can have different expiration dates. Banks also can net a swap on a Spanish bank with one on another lender. Even if those two firms are in a similar condition at the time of the trades, one could deteriorate faster, increasing the cost of CDS.

Some of the swaps sold by U.S. banks were bought by European lenders trying to reduce exposure to the five so-called peripheral countries. Since it’s considered insurance, a German bank can subtract the value of the contracts it purchased on Spanish debt from the total value of its holdings, with the understanding that if Spain doesn’t make good on its payment, the CDS underwriter will pay instead.

British, German and French banks’ loans to the five countries were reduced by 5 percent in the fourth quarter to $1.33 trillion, according to the BIS data. That was a $73 million decrease compared with the $53 million increase in U.S. banks’ CDS exposure to the periphery.

Spanish Debt

The cost of insuring Spanish sovereign debt increased to a record 552 basis points yesterday, meaning it would cost 552,000 euros ($700,000) to insure 10 million euros of debt from default for five years, according to data compiled by Bloomberg. Contracts on Italy’s bonds climbed to a four-month high of 515 basis points. Swaps pay the buyer face value in exchange for the underlying securities or the cash equivalent should a borrower fail to adhere to its debt agreements.

“As the JPMorgan example showed, these are all relative-value trades, and the legs might go in different directions,”said Paul Rowady, a New York-based senior analyst at Tabb Group LLC, a financial-markets research and advisory firm. “It’s not surprising that these relations are being tested today because of the dislocation in credit markets.”

JPMorgan and other banks rely on proprietary models to gauge the risks of such correlations in their derivatives positions. Dimon said last week that some of those models had proven wrong.

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JP Morgan CEO Dimon to testify before Congress

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Piggybankblog posted on 05/17/12

Piggybankblog posted picture

Cross linked with foxnews.com

WASHINGTON – JPMorgan Chase CEO Jamie Dimon is willing to testify at a congressional hearing this spring on the bank’s $2 billion trading loss.

Sen. Tim Johnson, a South Dakota Democrat who heads the Senate Banking Committee, says he has invited Dimon to testify about the loss at the nation’s largest bank. Since Dimon acknowledged the misstep, Democratic lawmakers have stepped up calls for stricter oversight of major financial firms.

A spokeswoman for the bank says Dimon will accept the invitation.

Johnson says the committee will hold hearings on Tuesday and June 6 at which federal regulators will provide information on the trading loss. Dimon would testify at a third hearing sometime later, Johnson said.

Dimon this week apologized to the bank’s shareholders for the loss.

“This should never have happened. I can’t justify it. Unfortunately, these mistakes are self-inflicted,” Dimon said at JPMorgan’s annual meeting. And he later told reporters, “The buck always stops with me.”

News of JPMorgan’s trading loss has reinvigorated Democrats’ push to strengthen a key rule mandated under the 2010 regulatory overhaul that would restrict banks from trading for their own profit.

Democratic lawmakers and other proponents say the trades that led to the losses at JPMorgan would have violated the so-called Volcker Rule.

Dimon has been among the most outspoken critics of the rule. He says the loss came from a hedging strategy that backfired, and not a bet with the bank’s own money.

He and other bank executives successfully pushed for an exemption, which would allow banks to make trades for their own profit if they are hedging against risk.

On Thursday, Democratic Sens. Carl Levin of Michigan and Jeff Merkley of Oregon asked top federal regulators to strip the exemption from rule. Levin and Merkley were the original authors of the rule.

The Volcker Rule takes effect this July. Banks have two years to comply with the regulations.

Read more: http://www.foxnews.com/politics/2012/05/17/jp-morgan-ceo-dimon-to-testify-before-congress/#ixzz1vBImGp1d

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JPMorgan Chase Trading Loss Surpasses Bank’s Initial $2 Billion Estimate By At Least $1 Billion

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Piggybankblog posted on 05/17/12

Cross linked story with dealbook.nytimes.com

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By NELSON D. SCHWARTZ and JESSICA SILVER-GREENBERG
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Simon Dawson/Bloomberg NewsJPMorgan Chase, center, in London, where the losing trades were initiated. The Federal Reserve is examining the scope of the accelerating losses.

The trading losses suffered by JPMorgan Chase have surged in recent days, surpassing the bank’s initial $2 billion estimate by at least $1 billion, according to people with knowledge of the losses.

When Jamie Dimon, JPMorgan’s chief executive, announced the losses last Thursday, he indicated they could double within the next few quarters. But that process has been compressed into four trading days as hedge funds and other investors take advantage of JPMorgan’s distress, fueling faster deterioration in the underlying credit market positions held by the bank.

A spokeswoman for the bank declined to comment, although Mr. Dimon has said the total paper trading losses will be volatile depending on day-to-day market fluctuations.

The Federal Reserve is examining the scope of the growing losses and the original bet, along with whether JPMorgan’s chief investment office took risks that were inappropriate for a federally insured depository institution, according to several people with knowledge of the examination. They spoke on the condition of anonymity because the investigation is still under way.

The overall health of the bank remains strong, even with the additional losses, and JPMorgan has been able to increase its stock dividend faster than its rivals because of stronger earnings and a more solid capital buffer.

Still, the huge trading losses rocked Wall Street and reignited the debate over how tightly giant financial institutions should be regulated. Bank analysts say that while the bank’s stability is not threatened, if the losses continue to mount, the outlook for the bank’s dividend will grow uncertain.

The bank’s leadership has discussed the impact of the losses on future earnings, although a dividend cut remains highly unlikely for now. In March, the company raised the quarterly dividend by 5 cents, to 30 cents, which will cost the bank about $190 million more this quarter.

A spokeswoman for the bank said a dividend cut has not been discussed internally.

At the bank’s annual meeting in Tampa, Fla., on Tuesday, Mr. Dimon did not definitively rule out cutting the dividend, although he said that he “hoped” it would not be cut.

John Lackey, a shareholder from Richmond, Va., who attended the meeting precisely to ask about the dividend, was not reassured. “That wasn’t a very clear answer,” he said of Mr. Dimon’s response. “I expect that shareholders are going to suffer because of this.”

Analysts expect the bank to earn $4 billion in the second quarter, factoring in the original estimated loss of $2 billion. Even if the additional trading losses were to double, the bank could still earn a profit of $2 billion.

And many analysts and investors remain optimistic about the bank’s long-term prospects.

Glenn Schorr, a widely followed analyst with Nomura, reiterated on Wednesday his buy rating on JPMorgan shares, which are down more than 10 percent since the trading loss became public last week.

What’s more, the chief investment office earned more than $5 billion in the last three years, which leaves it ahead over all, even given the added red ink.

But the underlying problem is that while these sharp swings are expected at a big hedge fund, they should not be occurring at a bank whose deposits are government-backed and which has access to ultralow cost capital from the Federal Reserve, experts said.

“JPMorgan Chase has a big hedge fund inside a commercial bank,” said Mark Williams, a professor of finance at Boston University, who also served as a Federal Reserve bank examiner. “They should be taking in deposits and making loans, not taking large speculative bets.”

Not long after Mr. Dimon’s announcement of a dividend increase in March, the notorious bet by JPMorgan’s chief investment office began to fall apart.

Traders at the unit’s London desk and elsewhere are now frantically trying to defuse the huge bet that was built up over years, but started generating erratic returns in late March. After a brief pause, the losses began to mount again in late April, prompting Mr. Dimon’s announcement on May 10.

Beginning on Friday, the same trends that had been causing the losses for six weeks accelerated, since traders on the opposite side of the bet knew the bank was under pressure to unwind the losing trade and could not double down in any way.

Another issue is that the trader who executed the complex wager, Bruno Iksil, is no longer on the trading desk. Nicknamed the London Whale, Mr. Iksil had a firm grasp on the trade — knowledge that is hard to replace, even though his anticipated departure is seen as sign of the bank’s taking responsibility for the debacle.

“They were caught short,” said one experienced credit trader who spoke on the condition of anonymity because the situation is still fluid. The market player, who does not stand to gain from JPMorgan’s losses and is not involved in the trade, added, “this is a very hard trade to get out of because it’s so big.”

He estimated that the initial loss of just over $2 billion was caused by a move of a quarter percentage point, or 25 basis points, on a portfolio with a notional value of $150 billion to $200 billion — in other words, the total value of the contracts traded, not JPMorgan’s exposure. In the four trading days since Mr. Dimon’s disclosure, the market has moved at least 15 to 20 basis points more against JPMorgan, he said.

The overall losses are not directly proportional to the move in basis points because of the complexity of the trade. Many of the positions are highly illiquid, making them difficult to value for regulators and the bank itself.

In its simplest form, traders said, the complex position assembled by the bank included a bullish bet on an index of investment-grade corporate debt, later paired with a bearish bet on high-yield securities, achieved by selling insurance contracts known as credit-default swaps.

A big move in the interest rate spread between the investment grade securities and risk-free government bonds in recent months hurt the first part of the bet, and was not offset by equally large moves in the price of the insurance on the high yield bonds.

As the credit yield curve steepened, the losses piled up on the corporate grade index, overwhelming gains elsewhere on the trades. Making matters worse, there was a mismatch between the expiration of different instruments within the trade, increasing losses.

The additional losses represent a worsening of what is already the most embarrassing misstep for JPMorgan since Mr. Dimon became chief executive in 2005. No one has blamed Mr. Dimon for the trade, which was under the oversight of the head of the chief investment office, Ina Drew, but he has repeatedly apologized, calling it “stupid” and “sloppy.”

Ms. Drew resigned Monday and more departures are anticipated.

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3 JPMorgan Chase execs may depart as CEO Jamie Dimon acknowledges ‘terrible, egregious mistake’ on trading

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Piggybankblog posted on 05/14/12

Picture posted by Piggybankblog

Cross linked story with washingtonpost.com

By and , Sunday, May 13, 12:29 PMThe Washington Post

The embarrassing losses at megabank JPMorgan Chase reverberated in Washington, Wall Street and on the campaign trail Sunday, with JPMorgan Chase chief executive Jamie Dimon acknowledgingthat the bank “made a terrible, egregious mistake” by dismissing worrisome signs earlier this year about the bank’s trading strategy.JPMorgan, the largest U.S. bank, was poised on Sunday to accept the resignations of three executives involved in the botched strategy, which has caused losses of at least $2 billion at the bank, according to news accounts.

In addition, Elizabeth Warren, a Democratic Senate candidate in Massachusetts and former senior financial regulatory official in the Obama administration, called on Dimon to resign from the board of directors of the Federal Reserve Bank of New York, a critical interlocutor between Wall Street and Washington.

“We need to stop the cycle of bankers taking on risky activities, getting bailed out by the taxpayers, then using their army of lobbyists to water down regulations,” Warren said.

JPMorgan’s loss did not pose any threat to the bank — which is set to make around $4 billion this quarter despite the setback — but it was already having an outsized effect on the debate over financial regulation in Washington, where regulators are still working to draft the rules that were put in place by the Dodd-Frank Act of 2010.

Dimon said Sunday that JPMorgan’s mistakes were likely to boost efforts to more tightly regulate the biggest banks. Dimon and JPMorgan, in particular, have led the charge against many of the proposals in the Dodd-Frank Act, marshaling the credibility they built by successfully navigating the financial crisis.

At particular issue is the drafting of the Volcker Rule, a prohibition on banks engaging in speculative bets, whose supporters say might have prevented JPMorgan’s bad trades had it been in effect. JPMorgan has fought to keep the rule as narrow as possible.

“This is a very unfortunate and inopportune time to have this kind of mistake,” Dimon said.

JPMorgan disclosed the trading losses — which occurred in London, ostensibly as part of the bank’s efforts to reduce risk in its operations — on Thursday in a hastily arranged and apologetic conference call. Earlier this year, Dimon dismissed concerns about massive bets being assembled by a trader called “the London Whale” because of the size of the investments.

“I was dead wrong when I said that,” he said Sunday.

Beyond Washington, three executives involved in the trading strategy seemed in line to lose their jobs this week. These executives include, according to the Wall Street Journal, Ina Drew, who oversaw the unit responsible for the losses, as well as London-based executives Achilles O. Macris and Javier Martin-Artajo.

A JPMorgan spokesman declined to comment on the departures.

Although Dimon was a big Democratic donor who once had a close relationship with President Obama, the banker said Sunday that a lack of collaboration between business and government has hurt the country’s business climate.

“It’s true to say we haven’t had true, common collaboration,” he said, answering a question on whether the Obama administration has created an anti-business environment. “To me, it’s not Democrat or Republican.”

But, he said, “Democrats were so tough on Republicans that you’re seeing a little bit of that giveback at this point.” He urged the parties to “put their knives down and get back to work for the American public.”

Dimon said that JPMorgan is ready to answer questions from regulators on the trading that led to the $2 billion loss and that it supports giving the government the authority to dismantle a failing bank. He promised to get to the bottom of the mistake and learn from it.

Senior Democrats repeated their call for stricter regulations.

Sen. Carl M. Levin (Mich.) said Sunday that the JPMorgan loss only confirms that banks’ pushback against new rules passed after the financial crisis will backfire.

“This was not a risk-reducing activity that they engaged in. This increased their risk,” Levin said on “Meet the Press.”

“So we’ve got to be very, very careful that the regulators here are not undermined by this huge effort to weaken the rule by putting in a huge loophole” that includes the trading that caused the JPMorgan loss, he said.

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Breaking News: Elizabeth Warren Asks For John Wright and Your Help

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JP Morgan Chase

And Jamie Dimon

Breaking The Planet

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Written by John Wright

May 14th, 2012

Today someone from JP Morgan Chase called me about some business credit card amount due for a company I no longer have. They actually call me every single day (yawn) with the same boring conversation. What I mean is — they always start off letting me know that all calls are recorded for quality assurance. Then I always let them know that I also record all calls for quality assurance. That is when they let me know that they do not allow the calls to be recorded. (scratching my head) Yet isn’t it sort of revealing that these banks think they should be able to protect themselves by recording us — but without us being able to protect ourselves by recording them? Either way – this is when I usually deliver them the silver bullet by letting them know that it will be considered their permission if they continue the call. Usually they always hang up at this point. However, today I thought I would have a little fun. I just responded to every question with saying: “JP Morgan Chase lost two billion in six weeks due to errors and sloppiness. JP Morgan Chase created and invested the credit default swap process and broke the planet. Jamie Dimon should resign.”

I know — I know — Jamie Dimon is sorry.
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In the end the Chase representative said they were going to transfer my file to a third party — in other words collections. That is when I let them know that I was gonig to transfer it to my third finger in the air like I just don’t care. I ended the call wth: “JP Morgan Chase lost two billion in six weeks due to errors and sloppiness. JP Morgan Chase created and invested the credit default swap process and broke the planet. Jamie Dimon should resign.”

Elizabeth Warren: Jamie Dimon Should Resign From New York Fed Board

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Cross linked with huffingtonpost.com

May 14th, 2012

Elizabeth Warren called on JPMorgan Chase CEO Jamie Dimon to resign from his post on the Federal Reserve Bank of New York’s board, citing the need for “responsibility and accountability” in the financial industry.

Dimon, who disclosed a $2 billion loss by the banking giant last week, should “send a signal to the American people that Wall Street bankers get it and to show that they understand the need for responsibility and accountability,” Warren said in a statement following Dimon’s Sunday appearance on “Meet the Press.”

During that interview, Dimon said he “absolutely” believed that the enormous loss would give regulators more ammunition against the banks. Warren latched onto that comment, stating that Dimon’s place on the board of directors gave him the power to advise the New York Fed on “management oversight and policy,” creating what the Massachusetts Democrat feels is a clear conflict of interest.

Watch Warren discussing the JPMorgan Chase loss last week:

“We need to stop the cycle of bankers taking on risky activities, getting bailed out by the taxpayers, then using their army of lobbyists to water down regulations,” Warren said. “We need a tough cop on the beat so that no one steals your purse on Main Street or your pension on Wall Street.”

Warren, an outspoken advocate of banking reform who oversaw the Troubled Asset Relief Program and helped create the Consumer Financial Protection Bureau, is running in a closely-watched Senate race against incumbent Scott Brown, a Republican. She has stressed her role as a consumer advocate throughout the campaign.


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“JP Morgan Chase lost two billion in six weeks due to errors and sloppiness. JP Morgan Chase created and invested the credit default swap process and broke the planet. Jamie Dimon should resign.”

Thanks for breaking the planet Jamie Dimon.

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge John Wright has left The Courtroom of Public Opinion!

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Please donate if you can.

I need it more than ever right now.

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JPMorgan, BofA Among Banks Forming Currency Trading Group

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Piggybankblog posted on 05/11/12

Piggybankblog posted picture

Cross linked story with bloomberg.com

Six banks, including JPMorgan Chase & Co. (JPM) and Bank of America Corp., have formed a group designed to facilitate foreign-exchange market trading for institutional clients.

FXSpotStream LLC, a subsidiary of LiquidityMatch LLC, was started in the U.S. April 30, Chief Executive Officer Alan F. Schwarz confirmed in a telephone interview. The company will provide a currency-price aggregation service to the clients of Bank of America, Citigroup Inc., Commerzbank AG, Goldman Sachs Group Inc., HSBC Holdings Plc and JPMorgan. The banks are majority shareholders in FXSpotStream.

“Clients access a single interface from co-location sites in New York, London and Tokyo and have the potential to communicate with all liquidity-providing banks connected to the FXSpotStream solution,” Schwarz said in a release.

The service will begin June 1 in Europe and Aug. 31 in Asia, he said. It will not charge brokerage fees to clients.

“SpotStream is another market utility and it’s a means for us to efficiently connect with our clients and continue to maintain bilateral relationships,” Richard Anthony, global head of foreign-exchange electronic risk at HSBC in London, said in a telephone interview.

Fergal Walsh, co-head of foreign-exchange electronic trading at Citigroup in New York, said the service would eliminate brokerage fees often paid by banks when a third party is involved in transactions with clients.

“We are in an extremely competitive market now, our spreads are incredibly tight, and broker costs can make up a significant part of our margins,” Walsh said in a telephone interview. “In an effort to control those, and also give a more efficient service to our clients, we are happy to participate in this solution.”

Bloomberg LP, the parent company of Bloomberg News, offers electronic currency trading.

To contact the reporter on this story: Catarina Saraiva in New York at asaraiva5@bloomberg.net

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How J.P. Morgan Chase Has Made the Case for Breaking Up the Big Banks and Resurrecting Glass-Steagall

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Piggybankblog posted on 05/11/12

Picture posted by Piggybankblog

Cross linked story with huffingtonpost.com

J.P. Morgan Chase & Co., the nation’s largest bank, whose chief executive, Jamie Dimon, has lead Wall Street’s war against regulation, announced Thursday it had lost $2 billion in trades over the past six weeks and could face an additional $1 billion of losses, due to excessively risky bets.

The bets were “poorly executed” and “poorly monitored,” said Dimon, a result of “many errors, “sloppiness,” and “bad judgment.” But not to worry. “We will admit it, we will fix it and move on.”

Move on? Word on the Street is that J.P. Morgan’s exposure is so large that it can’t dump these bad bets without affecting the market and losing even more money. And given its mammoth size and interlinked connections with every other financial institution, anything that shakes J.P. Morgan is likely to rock the rest of the Street.

Ever since the start of the banking crisis in 2008, Dimon has been arguing that more government regulation of Wall Street is unnecessary. Last year he vehemently and loudly opposed the so-called Volcker rule, itself a watered-down version of the old Glass-Steagall Act that used to separate commercial from investment banking before it was repealed in 1999, saying it would unnecessarily impinge on derivative trading (the lucrative practice of making bets on bets) and hedging (using some bets to offset the risks of other bets).

Dimon argued that the financial system could be trusted; that the near-meltdown of 2008 was a perfect storm that would never happen again.

Since then, J.P. Morgan’s lobbyists and lawyers have done everything in their power to eviscerate the Volcker rule — creating exceptions, exemptions, and loopholes that effectively allow any big bank to go on doing most of the derivative trading it was doing before the near-meltdown.

And now — only a few years after the banking crisis that forced American taxpayers to bail out the Street, caused home values to plunge by more than 30 percent and pushed millions of homeowners underwater, threaten or diminish the savings of millions more, and send the entire American economy hurtling into the worst downturn since the Great Depression — J.P. Morgan Chase recapitulates the whole debacle with the same kind of errors, sloppiness, bad judgment, excessively risky trades poorly-executed and poorly-monitored, that caused the crisis in the first place.

In light of all this, Jamie Dimon’s promise that J.P. Morgan will “fix it and move on” is not reassuring.

The losses here had been mounting for at least six weeks, according to Morgan. Where was the new transparency that’s supposed to allow regulators to catch these things before they get out of hand?

Several weeks ago there were rumors about a London-based Morgan trader making huge high-stakes bets, causing excessive volatility in derivatives markets. When asked about it then, Dimon called it “a complete tempest in a teapot.” Using the same argument he has used to fend off regulation of derivatives, he told investors that “every bank has a major portfolio” and “in those portfolios you make investments that you think are wise to offset your exposures.”

Let’s hope Morgan’s losses don’t turn into another crisis of confidence and they don’t spread to the rest of the financial sector.

But let’s also stop hoping Wall Street will mend itself. What just happened at J.P. Morgan — along with its leader’s cavalier dismissal followed by lame reassurance — reveals how fragile and opaque the banking system continues to be, why Glass-Steagall must be resurrected, and why the Dallas Fed’s recent recommendation that Wall Street’s giant banks be broken up should be heeded.

ROBERT B. REICH, Chancellor’s Professor of Public Policy at the University of California at Berkeley, was Secretary of Labor in the Clinton administration. Time Magazine named him one of the ten most effective cabinet secretaries of the last century. He has written thirteen books, including the best sellers “Aftershock” and “The Work of Nations.” His latest is an e-book, “Beyond Outrage.” He is also a founding editor of the American Prospect magazine and chairman of Common Cause.

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Chase Employee Says They Are “The First Whistleblower Of Many.”

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Posted by Piggybankblog 03/15/12

Cross linked with cftc.gov

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Dear CFTC Staff,

Hello, I am a current JPMorgan Chase employee. This is an open letter to all commissioners and regulators. I am emailing you today b/c I know of insider information that will be damning at best for JPMorgan Chase. I have decided to play the role of whistleblower b/c I no longer have faith and belief that what we are doing for society is bringing value to people. I am now under the opinion that we are actually putting hard working Americans unaware of what lays ahead at extreme market risk. This risk is unnecessary and will lead to wide-scale market collapse if not handled properly. With the release of Mr. Smith’s open letter to Goldman, I too would like to set the record straight for JPM as well. I have seen the disruptive behavior of superiors and no longer can say that I look up to employees at the ED/MD level here at JPM. Their smug exuberance and arrogance permeates the air just as pungently as rotting vegetables. They all know too well of the backdoor crony connections they share intimately with elected officials and with other institutions. It is apparent in everything they do, from the meager attempts to manipulate LIBOR, therefore controlling how almost all derivatives are priced to the inherit and fraudulent commodities manipulation. They too may have one day stood for something in the past in the client-employee relationship. Does anyone in today’s market really care about the protection of their client? From the ruthless and scandalous treatment of MF Global client asset funds to the excessive bonuses paid by companies with burgeoning liabilities. Yes, we at JPMorgan that are in the know are fearful of a cascading credit event being triggered in Greece as they have hidden derivatives in excess of $1 Trillion USD. We at JPMorgan own enough of these through counterparty risk and outright prop trading that our entire IB EDG space could be annihilated within a few short days. The last ten years has been market by inflexion point after inflexion point with the most notable coming in 2008 after the acquisition of Bear.

I wish to remain anonymous as of now as fear of termination mounts from what I am about to reveal. Robert Gottlieb is not my real name; however he is a trader that is involved in a lawsuit for manipulative trading while working with JPMorgan Chase. He was acquired during our Bear Stearns acquisition and is known to be the notorious person shorting in the silver future market from his trading space, along with Blythe Masters, his IB Global boss. However, with that said, we are manipulating the silver futures market and playing a smaller (but still massively manipulative) role in manipulating the gold futures market. We have a little over a 25% (give or take a percentage) position in the short market for silver futures and by your definition this denotes a larger position than for speculative purposes or for hedging and is beyond the line of manipulation.

On a side note, I do not work directly with accounts that would have been directly impacted by the MF Global fiasco but I have heard through other colleagues that we have involvement in the hiding of client assets from MF Global. This is another fraudulent effort on our part and constitutes theft. I urge you to forward that part of the investigation on to the respective authorities.

There is something else that you may find strange. During month-end December, we were all told by our managers that this was going to be a dismal year in terms of earnings and that we should not expect any bonuses or pay raises. Then come mid-late January it is made known that everyone received a pay raise and/or bonus, which is interesting b/c just a few weeks ago we were told that this was not likely and expected to be paid nothing in addition to base salary. January is right around the time we started increasing our short positions quite significantly again and this most recent crash in gold and silver during Bernanke’s speech on February 29th is of notable importance, as we along with 4 other major institutions, orchestrated the violent $100 drop in Gold and subsequent drops in silver.

As regulators of the free people of this country, I ask you to uphold the most important job in the world right now. That job is judge and overseer of all that is justice in the most sensitive of commodity markets. There are many middle-income people that invest in the physical assets of silver, gold, as well as mining stocks that are being financially impacted in a negative way b/c of our unscrupulous shorts in the precious metals commodity sector. If you read the COT with intent you will find that commercials (even though we have no business being in the commercial sector, which should be reserved for companies that truly produce the metal) are net short by a long shot in not only silver, but gold.

It is rather surprising that what should be well known liabilities on our balance sheet have not erupted into wider scale scrutinization. I call all honest and courageous JPMorgan employees to step up and fight the cronyism and wide-scale manipulation by reporting the truth. We are only helping reality come to light therefore allowing a real valuation of our banking industry which will give investors a chance to properly adjust without being totally wiped out. I will be contacting a lawyer shortly about this matter, as I believe no other whistleblower at JPMorgan has come forward yet. Our deepest secrets lie within the hands of honest employees and can be revealed through honest regulators that are willing to take a look inside one of America’s best kept secrets. Please do not allow this to turn into another Enron.

Kind Regards,
-The 1st Whistleblower of Many

Comment left at: http://comments.cftc.gov/PublicComments/ViewComment.aspx?id=57019&SearchText

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JP Morgan Under OCC Investigation for Serious Debt Collection Abuses; Warnings Ignored for Over Two Years

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Posted by Piggybankblog on 03/14/12

Cross linked story with nakedcapitalisam.com

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I bet JP Morgan wishes it never hired Linda Almonte.

American Banker has released the first in what will be a series of stories on debt collection abuses by the New York bank. It confirms critics’ worst accusations against the financial services and belies Jamie Dimon’s tiresome assertions that JP Morgan is better than its peers. Dimon may still be right if you think excelling in abusing and extorting customers is commendable.

The American Banker story discusses the operations of a unit that handled delinquent credit card borrowers. Handling these accounts involved using three different computer systems that communicated reasonably well on current borrowers but not with delinquent or defaulted ones. As a result, the operation had involved a high level of manual checks to make sure the amounts borrowers owed were accurate before they were sent off to collection (which in high population states, was an in-house operation, but for most, involved the use of outside law firms.

In 2008, JP Morgan installed new management in the San Antonio operation that oversaw ligitigation, including the verification of borrower information. Edmond Helaire came in as the lead, and the story makes clear that his newly hired deputy Jason Lazinbat went on a campaign to improve results, procedures be damned. Linda Almonte, who was a process specialist who had worked at WaMu, joined in 2009 and was fired, as she charged in a wrongful termination lawsuit, for refusing to send files to collection that has obvious problems in them. Almonte filed a whistleblower complaint with the SEC in 2010 (see an Abigail Field story for more detail). Her charges:

1. Chase Bank sold to third party debt buyers hundreds of millions of dollars worth of credit card accounts. . .when in fact Chase Bank executives knew that many of those accounts had incorrect and overstated balances.

3. Chase Bank executives routinely destroyed information and communications from consumers rather than incorporate that information into the consumer’s credit card file, including bankruptcy notices, powers of attorney, notice of cancellation of auto-pay, proof of payments and letters from debt settlement companies.

4. Chase Bank executives mass-executed thousands of affidavits in support of Chase Banks collection efforts and those Chase Bank executives did not have personal knowledge of the facts set forth in the affidavits.

Now I’d not expect the SEC to know what to do with this (as in these are not securities law issues) and I don’t know whether she tried complaining to the FTC or the OCC then. However, the American Banker story quotes current and recent employees who confirm that he bad practices that Almonte called out are still very much alive. Specifically:

“We did not verify a single one” of the affidavits attesting to the amounts Chase was seeking to collect, says Howard Hardin, who oversaw a team handling tens of thousands of Chase debt files in San Antonio. “We were told [by superiors] ‘We’re in a hurry. Go ahead and sign them.’”…

The records the law firms used to sue people sometimes differed from Chase’s own files at an alarming rate, according to a routine Chase presentation prepared by Almonte and later submitted to the Securities and Exchange Commission. Some law firms’ records disagreed with Chase’s in almost 20% of cases sampled, a rate far above what is regarded as an acceptable level of errors.

“That’s horrendous,” says a former Chase attorney who was informed of the numbers by American Banker…

Borrower correspondence sent to the San Antonio facility, such as bankruptcy notifications, address changes, and hardship requests were being dropped on an unmanned desk, according to a 2009 printout from Chase’s troubleshooting log….

“I understand there were documents trashed, yes,” she says. [Carol] McGinn retired from the San Antonio facility in June of 2010 after she says she became uneasy with how it was being managed.

And of course, there are robosigners too:

One of Chase’s most prolific affidavit signers was Ruben Alcaraz… By law, collection affidavits require the signer to be familiar with the bank’s pertinent records…

Numerous former employees say that Alcaraz and his colleagues rarely if ever reviewed such files. They routinely signed stacks of affidavits on flights and in meetings, which in some cases were attended by Helaire, Lazinbat and Chase compliance staffers. Nobody objected, Almonte and others say.

Alcaraz also describes himself in the court documents as an “officer of the bank” and an “Assistant Treasurer.” High-level Chase management had instructed the staff to stop signing documents using such titles around the middle of the last decade, four Chase sources say. But Lazinbat ordered them to do it anyway.

One has to assume that Almonte signed a confidentiality agreement as part of the settlement of her suit against JP Morgan. Yet it appears she had decided to step forward again despite the risk of having an army of lawyers come after her:

“This is not an accident anymore,” Almonte now says. “The same people who created this problem at Chase are still in charge. They aren’t going to fix it unless they’re forced to.”

Let’s hope she succeeds. She’s right, of course. The fact that JP Morgan kept Lazinbat in place said it had no intention of shaping up. And one has to assume that the occasional warnings from on high that he should be doing some things differently were seen as pro forma. Put it another way: if the see-no-evil-if-it’s-done-by-bank OCC is taking this case “very seriously,” it’s likely to be every bit as bad as the American Banker account suggests.

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Banks to pay $25 million to NY state over mortgage system

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Piggybankblog posted on 03/14/12

cross linked story with reuters.com

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Reuters) – Five major U.S. banks have agreed to pay $25 million to New York State over their use of an electronic mortgage database that the state said resulted in deceptive and illegal practices that led to more than 13,000 foreclosures.

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JPMorgan Chase & Co, Bank of America Corp and Wells Fargo & Co each agreed to pay $5.9 million in order to partially settle a lawsuit over their use of the Mortgage Electronic Registration System (MERS),

Two other banks, Citigroup Inc and Ally Financial, also agreed to pay $5.9 million and $1.25 million respectively although they were not named in the February 3 lawsuit.

It was not immediately clear why Citi and Ally opted to participate in the settlement, although they are in the process of settling other similar claims.

All five banks in February reached a settlement with 49 states and federal agencies to pay $25 billion to resolve government lawsuits over faulty foreclosures and the handling of requests for loan modification.

In the New York settlement in February, none of the banks admitted nor denied the MERS allegations, the agreement said, a copy of which was obtained by Reuters on Tuesday.

MERS is an electronic database created in the mid-1990s for tracking mortgage ownership. New York State Attorney General Eric Schneiderman said in his lawsuit that the system was plagued by inaccuracies.

In exchange for the $25 million, New York State has agreed to drop some specific MERS claims. The state will use the money to address housing issues, such as mortgage defaults and foreclosures and further investigation and prosecutions.

Citigroup, JPMorgan and Ally declined to comment on the settlement, while spokespeople at the other two banks were not immediately available.

FUTURE LAWSUITS

Other allegations in the New York lawsuit have not been resolved and the state said it will still pursue claims for damages incurred by New York borrowers and homeowners.

“We intend to aggressively litigate this case to finally prohibit the widespread illegal and deceptive practices of the banks set forth in our complaint,” Danny Kanner, a spokesman for Schneiderman, said in an email on Tuesday.

“The significant sum of $25 million obtained by this office does absolutely nothing to limit the aggressive posture we will continue to take to protect homeowners and borrowers.”

The lawsuit said the use of MERS resulted in the filing of improper NY foreclosures and created “confusion and uncertainty” over property ownership interests.

Over 70 million mortgage loans, including millions of subprime loans, have been registered in the MERS system, rather than in local county clerks’ offices, according to the lawsuit.

Nearly 11 million Americans owe more than their homes than they are worth, after home values fell 33 percent from a 2006 peak fueled by generous loans, often to people with dubious credit records.

The earlier $25 billion housing settlement gives President Barack Obama, as he seeks re-election in November, a chance to show he is willing to get tough with big banks to help ordinary Americans survive the pain of the nation’s foreclosure crisis.

The deal, to be spread out over three years, requires the banks to cut mortgage debt amounts and extend $2,000 payments to borrowers who lost their homes to foreclosure. But the banks still face a host of other potential government enforcement actions and investor lawsuits related to their packaging of home loans into securities, and other mortgage-related activities.

In January, Obama announced the creation of a new working group to coordinate inquiries into abusive home-loan lending and the pooling of risky mortgages that sparked the housing crisis. Schneiderman was tapped to help lead the group.

(Reporting By Basil Katz; Editing by Michael Perry)

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Lehman Bros subpoenas Geithner in JP Morgan row

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Piggybankblog posted on 12/17/12

Piggybankblog posted picture

Cross linked story with marketwatch.com

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Lehman Brothers Holdings Inc. LEHMQ and its creditors late Thursday said they want to subpoena Treasury Secretary Timothy Geithner to question him under oath over allegations J.P. Morgan Chase & Co., (JPM) illegally siphoned billions of dollars from the collapsing investment bank in the days before it filed for the largest bankruptcy in U.S. history.

In a filing accompanying Lehman’s filing, made in U.S. District Court in Washington, Lehman’s official committee of unsecured creditors said Geithner has thus far refused to comply with an Aug. 9, 2011, subpoena, and it wants a court to force Geithner to give a deposition by a March 16 deadline.

“Despite being a crucial fact witness on these issues, Secretary Geithner has refused to appear at a deposition in accordance with a valid subpoena issued by the Committee,” the committee’s lawyers said in the filing. Geithner was president of the Federal Reserve Bank of New York at the time of the Lehman collapse.

The Treasury Department didn’t immediately respond to a request for comment.

The committee said in its filing that it also wants to question then-Treasury Secretary Hank Paulson, but that he too has turned the request down. It said it will handle the Paulson matter separately.

Geithner, the committee said in its filing, had more than 35 phone conversations with then-Lehman Chief Executive Richard Fuld and more than 10 with J.P. Morgan Chief Executive Jamie Dimon in the week before Lehman’s September 2008 bankruptcy filing.

Lawyers for Lehman subpoenaed Geithner as part of its civil lawsuit against J.P. Morgan claiming Dimon and other top executives used inside knowledge to take advantage of Lehman as its financial state worsened.

The weekend before Lehman’s monumental bankruptcy filing, the Geithner-led New York Fed became the meeting place for Wall Street titans and Washington policy makers trying to sort things out.

“The Department of the Treasury now turns its back on the President’s commitment to transparency as it refuses to provide the creditors of Lehman Brothers with key evidence from the current Secretary of the Treasury, Timothy F. Geithner, who was a crucial witness to certain key events at issue in the creditors’ litigation with JPMorgan Chase Bank, N.A,” the committee said in its court papers.

Lehman Brothers sued J.P. Morgan in U.S. Bankruptcy Court in Manhattan in May 2011, charging the bank demanded over $8.6 billion in collateral in September 2008, triggering a liquidity squeeze that contributed to Lehman Brothers’ collapse. The estate is hoping to recoup billions in collateral the bank demanded, and other damages.

J.P. Morgan, which served as Lehman’s clearing bank, countersued, claiming Lehman tricked it into lending $70 billion in the days following the investment bank’s September 2008 collapse and left it with toxic securities that Lehman’s own traders referred to as “goat poo.”

J.P. Morgan says Lehman led it to believe it would be repaid the $70 billion advanced to keep Lehman’s broker-dealer business afloat in the days surrounding Lehman’s historic bankruptcy filing and the sale of its core business to Barclays PLC (BCS). Both sides, in court filings, have denied wrongdoing.

In recent months discovery has heated up with both sides issuing subpoenas. Lehman wants to question Min Euoo-sung former chairman and chief executive of Korea Development Bank, a key potential bidder for Lehman weeks and months leading up to its bankruptcy, to testify under oath. Lehman claims J.P. Morgan sought to advise KDB with respect to the Lehman deal and its lawyers want to ask Min if J.P. Morgan may have learned that it wasn’t going to bid for Lehman before that information became public, prompting the bank’s call for more collateral.

Meanwhile lawyers for J.P. Morgan have sought to question former executives at Lehman’s European subsidiary about the investment bank’s decision-making process, including information about Lehman’s infamous “goat poo,” otherwise known as RACERS securities.

Lehman’s Chapter 11 filing on Sept. 15, 2008, marked the largest U.S. bankruptcy case filed.

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Federal Regulators Sue Big Banks Over Mortgages

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Piggybankblog posted on 09/02/11

Picture posted by piggybankblog

Cross linked story with New York Times

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A bruising legal fight pitting the country’s most powerful banks against the full force of the United States government began Friday, as federal regulators filed suits against 17 financial institutions that sold the mortgage giants Fannie Mae and Freddie Mac nearly $200 billion in mortgage-backed securities that later soured.

The suits are the latest legal salvo fired at the banks accusing them of misdeeds during the housing boom. Investors fled financial shares Friday amid growing concern that the litigation could last for years and undermine earnings and balance sheets in the process.

The complaints were filed just as the stock market closed Friday afternoon, but with word leaking out of the impending legal action during the trading session, shares of Bank of America fell more than 8.3 percent, while JPMorgan Chase dropped 4.6 percent and Goldman fell 4.5 percent.

“The suits only add to the uncertainty that dogs the industry,” said Mike Mayo, an analyst with Crédit Agricole. “Banks should pay for what they did wrong, but at the same time they shouldn’t be treated as a big piñata that has the effect of delaying the housing recovery. If banks have to pay for loans they made five years ago, are they going to make new ones?”

After the savings and loan crisis in the late 1980s and early 1990s, years of litigation followed. The mortgage bust and the subsequent financial crisis have spawned a similar legal fight, said Jaret Seiberg, a financial policy analyst with MF Global in Washington. “It’s going to be exceedingly difficult and take years to play out,” he said. “There’s not much incentive for either side to settle.”

The litigation represents a more intense effort by the federal government to go after the financial services industry for its supposed mortgage failures.

Indeed, the cases were brought on the basis of 64 subpoenas issued a year ago, giving the government an edge in its investigation that private investors suing the banks lack.

The Obama administration as well as regulators like the Federal Reserve have been criticized for going too easy on the banks, which benefited from a $700 billion bailout package shortly after the collapse of Lehman Brothers in the autumn 2008.

Much of that money has been repaid by the banks — but the rescue of the mortgage giants Fannie and Freddie has already cost taxpayers $153 billion, and the federal government estimates the effort could cost $363 billion through 2013.

Even though the banks already face high legal bills from actions brought by other plaintiffs, including private investors, the suits filed Friday could cost the banks far more. In the case against Bank of America, for example, the suit claims that Fannie and Freddie bought more than $57 billion worth of risky mortgage securities from the bank and two companies it also acquired, Merrill Lynch and Countrywide Financial.

In addition to suing the companies, the complaints also identified individuals at many institutions responsible for the machinery of turning subprime mortgages into securities that somehow earned a AAA grade from the rating agencies.

The filing did not cite a figure for the total losses the government wanted to recover, but in a similar case brought in July against UBS, the F.H.F.A. is trying to recover $900 million in losses on $4.5 billion in securities. A similar 20 percent claim against Bank of America could equal a $10 billion hit.

In a suit that identifies 23 securities that Bank of America sold for $6 billion, the company “caused hundreds of millions of dollars in damages to Fannie Mae and Freddie Mac in an amount to be determined at trial.”

Within minutes of the filing of the suits, several banks responded with a preview of the legal arguments they will make in the coming months, namely that Fannie and Freddie were sophisticated investors who should have known the securities were not without risk, and that the losses were caused not by fraud or misrepresentation but by underlying difficulties in the housing market.

In a statement, Bank of America said Fannie and Freddie “claimed to understand the risks inherent in investing in subprime securities and continued to invest heavily in those securities even after their regulator told them they did not have the risk management capabilities to do so.” In spite of that warning, Bank of America said, the government-controlled mortgage giants “are now seeking to hold other market participants responsible for their losses.”

Other large banks also assembled huge amounts of so-called private label mortgage-backed securities for Fannie and Freddie that declined sharply in value after the housing bubble burst in 2007. JPMorgan Chase sold $33 billion, while Morgan Stanley sold over $10 billion and Goldman Sachs sold more than $11 billion. A who’s who of foreign banks were also big bundlers and sellers of these securities, like Deutsche Bank with $14.2 billion, Royal Bank of Scotland at $30.4 billion, and Credit Suisse selling $14.1 billion. All were sued Friday.

“We believe the claims brought by the F.H.F.A. are unfounded,” said Frank Kelly, a spokesman for Deutsche Bank. “Fannie Mae and Freddie Mac are the epitome of a sophisticated investor, having issued trillions of dollars of mortgage-backed securities and purchased hundreds of billions of dollars more, often after hand-picking the loans they now claim should not have been included in the offerings.“

Buried in the filings themselves, however, is a damning portrait of the excesses of the housing bubble, when borrowers were able to obtain home loans without basic proof of income or creditworthiness, and banks appeared only too happy to mine profits taking the risky loans and assembling them into securities that could be sold to investors.

In the complaint against Goldman Sachs, for example, the suit says that “Goldman was not content to simply let poor loans pass into its securitizations.” In addition, the giant investment bank “took the fraud further, affirmatively seeking to profit from this knowledge.”

When an outside analytics firm, Clayton, identified potential problems in the underlying mortgages Goldman was turning into securities, the suit said, “Goldman simply ignored and did not disclose the red flags revealed by Clayton’s review.” Goldman Sachs declined to comment, as did JPMorgan Chase, Morgan Stanley, Credit Suisse and Citigroup.

Similar behavior in terms of warnings provided by Clayton transpired at Bank of America, Citigroup, Deutsche Bank, RBS and UBS, according to the complaints.

Patrick Scott contributed reporting.

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There Is A Rumor That JP Morgan May Take Over Bank Of America

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Piggybankblog posted on 08/23/11

Picture posted by piggybankblog

Cross linked story with businessinsider.com

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There is a rumor circulated on Wall St. that JP Morgan (NYSE: JPM) will take over Bank of America (NYSE: BAC) within the week. The government will support the deal with a $100 billion investment in preferred shares issued by the combined entity. Alternatively, the government may guarantee the value of a large pool of Bank of America assets. The word is that Treasury Secretary Geithner has discussed the transaction with JP Morgan CEO Jamie Dimon.The “merger” would completely destroy the value of BAC’s common shares.

The government feels that the deal may be necessary as Bank of America struggles unsuccessfully to close several transactions to bolster its balance sheet. The Wall Street Journal reported that the financial firm will need to raise $200 billion which would be another possible event that would wipe out common shareholders.

Bank of America’s fortunes have been hurt by events in just the last few days. A New York State judge agreed to allow institutional investors to intervene in an $8.5 billion settlement between the bank and groups that lost money on mortgage-backed securities. China Construction Bank Corp said Bank of American will continue to hold 50% of its share in the foreign financial firm. Many investors hoped Bank of America would sell its entire stake to raise money. Several analysts believe that the costs of owning mortgage firm Countrywide Credit have grown unexpectedly large.

 

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04/04/11: JP Morgan Chase turned John Wright’s company down for a modification on his companies SBA loan.  Wright believes it was because they were more interested in charging it off.  Wright said:  “It seems like they just give you the impression that they are considering it, but now I am going to give them the impression I am going to protest, because I feel they are not a friend to small companies!  The fact remains they got a bailout, but did not give my small company one.  If the government would like to loan me  a few billion, while I earn interest like JP Morgan Chase,  I will give it back when I am done too!  I think it is an insurance scam!”

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Dimon Says Mortgage Clash Swells as ‘Everybody Is Going to Sue’

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Piggybankblog posted on 07/19/11

Picture posted by piggybankblog

Cross linked story with Bloomberg.com

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JPMorgan Chase & Co. (JPM) Chief Executive Officer Jamie Dimon said clashes over faulty mortgages may drag on as investors and regulators demand compensation for soured loans issued at the peak of the housing market.

“There have been so many flaws in mortgages that it’s been an unmitigated disaster,” Dimon said during a conference call today. “We just really need to clean it up for the sake of everybody. And everybody is going to sue everybody else, and it’s going to go on for a long time.”

JPMorgan disclosed about $2.5 billion in second-quarter costs tied to faulty mortgages and foreclosures. The bank added $1.27 billion to litigation reserves, mostly for mortgage matters, and incurred $1 billion of expenses tied to foreclosures, according to a slide show accompanying today’s earnings report. Repurchase losses were $223 million, according to the company, which ranks second by assets among U.S. banks.

Banks are struggling to stanch losses tied to loans based on missing or wrong data about borrowers and properties and are facing probes of foreclosures that may have used falsified documents. Lenders led by Bank of America Corp. (BAC) have reimbursed investors for losses on mortgages, and New York-based JPMorgan said it has $3.3 billion in costs so far on repurchases from government-backed firms such as Fannie Mae.

JPMorgan’s additional litigation reserve may help cover “fees and assessments related to foreclosure delays and payments for other settlements,” including probes by the U.S. Department of Justice and the state attorneys general, the bank said. Litigation reserves also cover projected costs tied to so- called private-label mortgage bonds that may have contained faulty loans, the lender said.

Private-Label

“The private-label stuff will probably go up a little bit,” Dimon said when asked about future expenses to resolve disputes tied to the securities. “But I doubt it will go up more than the reserves we’re going to have to take down in the next 12 months.”

The litigation reserves aren’t earmarked for liabilities tied to Washington Mutual, the lender that JPMorgan acquired after it collapsed during the financial crisis in 2008. JPMorgan said those are the responsibility of the Federal Deposit Insurance Corp., adding that the “FDIC has contested this position.”

The outstanding balance of the Washington Mutual loans was approximately $70 billion as of March 31, with about $24 billion overdue by 60 days or more, according to JPMorgan’s first- quarter regulatory filing.

JPMorgan’s second-quarter net income climbed 13 percent to $5.43 billion as investment banking profit surged and more customers paid credit cards on time, the company said today. The lender advanced $1.08, or 2.7 percent, to $40.70 at 2:41 p.m. in New York Stock Exchange composite trading. The bank declined 6.6 percent this year through yesterday.

To contact the reporter on this story: Rick Green in New York at rgreen18@bloomberg.net

To contact the editor responsible for this story: David Scheer at dscheer@bloomberg.net

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JPMorgan Close To Overtaking Bank Of America As Biggest U.S. Bank

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Piggybankblog posted on 07/08/11

Picture posted by piggybankblog

Cross linked story with huffingtongpost.com.

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NEW YORK (David Henry) – JPMorgan Chase & Co is close to vaulting past Bank of America Corp to become the biggest bank in the United States, but it will likely get there in an odd way — by shrinking less than its rival.

Both JPMorgan Chase and Bank of America are getting smaller as they shake off the excesses of the years leading up to the financial crisis.

If JPMorgan becomes the biggest, chief executive Jamie Dimon could see the validation of his cautious management before and during the crisis. Bank of America’s drop to second would illustrate how former Chief Executive Ken Lewis saddled the bank with bad acquisitions that are hampering current CEO Brian Moynihan.

But bigger might not be better. Being the largest does not necessarily translate to higher profitability, or a higher market value. Global banking regulators are imposing higher capital requirements on the largest banks and threatening even higher capital charges if they grow.

“Big is more a burden than it is a bragging right,” said Gary Townsend, chief executive of asset manager Hill-Townsend Capital, a Chevy Chase, Maryland-based money manager that specializes in financial stocks and owns shares of both banks.

That is a switch from the years when Bank of America was buying up banks to cater to the American appetite for more and more borrowing, said Ray Soifer, a long-time bank analyst and now industry consultant at Soifer Consultant in Green Valley, Arizona.

“Bigger was better and banks were happy to be at the top,” said Soifer.

JPMorgan has been gaining ground on Bank of America for three straight quarters. At the end of March, JPMorgan’s $2.20 trillion of assets were just 3.4 percent short of Bank of America’s $2.27 trillion. JPMorgan already is the most valuable bank in the stock market, with its equity worth nearly 50 percent more than Bank of America’s.

Analysts differ as to how soon the switch could happen. Deutsche Bank’s Matt O’Connor sees JPMorgan becoming the largest by year end. FBR Capital Markets’ Paul Miller says it will be the next 12 to 18 months.

But however long it takes, analysts agree neither bank is going to be stretching.

“It is really going to be who shrinks the least,” said Gerard Cassidy, an analyst at RBC Capital Markets.

Even if JPMorgan becomes the largest U.S. bank by assets, it would not be the biggest in the world. The bank is about $600 billion short of that title and there are six other banks between it and the biggest. That honor at last count went to BNP Paribas SA. (For a list of the biggest banks in the world, please double click: r.reuters.com/zyq52s )

JPMorgan spokesman Joseph Evangelisti declined to comment.

COUNTRYWIDE A BIG MISTAKE

The trend down in the U.S. might not follow a straight line. Banks sometimes temporarily pump up balance sheets to manage their interest rate risk, said Soifer. And there may be lending upturns along the way in borrowing by businesses, as just happened.

Federal Reserve data show the combined assets of 25 large U.S. banks grew by one-half of one percent in the second quarter, largely because of more lending to companies.

But in general, analysts said, banks are no more likely to grow now than their customers are to try to borrow their way to happiness on the strength of higher home prices.

Bank of America and JPMorgan have particular reasons to shrink. To start, they have portfolios of bad assets acquired just before or during the financial crisis. JPMorgan Chase still has more than $80 billion of low-credit quality mortgage and credit card loans, largely acquired when it took over failed lender Washington Mutual in 2008.

As of March 31, Bank of America had more than $100 billion of loans in runoff, mainly in a shrinking portfolio known as the legacy asset servicing division formed in January. Many of the assets are mortgages or home equity loans acquired from Countrywide Financial, which it bought in 2008.

Both banks are likely to let those loans mature without making new ones to replace them, a process known as “running off” assets.

The Countrywide acquisition was a particularly big mistake for Bank of America, FBR’s Miller said. The deal has already cost the bank more than $20 billion of its capital, he said. Some of that money is going out the door in the bank’s recent $8.5 billion settlement of warranty claims by more than 22 institutional investors over allegedly faulty mortgage-backed securities Countrywide sold.

Bank of America is selling assets and even closing some bank branches as it tries to strengthen its balance sheet by getting smaller.

The bank’s goal is “to balance the appropriate amount of assets and risk,” said Jerry Dubrowski, a Bank of America spokesman. “Having the largest amount of assets does not make you the best financial services provider and, right now, we’re focused on that.”

(Additional reporting by Joe Rauch in Charlotte, North Carolina; Editing by Andre Grenon)

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Treasury To Temporarily Penalize Mortgage Companies, Making Good On Old Threat.

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Piggybankblog posted 06/11/11

Cross linked story withHuffington Post

WASHINGTON — The Treasury Department will temporarily withhold payments to the nation’s three largest mortgage companies for failing to comply with the Obama administration’s signature foreclosure-prevention effort, perhaps finally making good on a 19-month-old threat, officials announced Thursday.

Bank of America, Wells Fargo and JPMorgan Chase, which collectively service about half of all home loans, abused homeowners and violated the rules of the Making Home Affordable (MHA) program, Treasury said. The initiative aims to lower monthly payments, reduce loan balances or enable distressed borrowers to sell their homes before they’re seized by awarding a series of incentive payments to banks, investors and homeowners when foreclosures are averted. Treasury is only withholding pay to the three banks.

The three were found to need “substantial improvement,” the agency said in a statement. Cumulatively, they received $24 million in government incentive payments last month. Last quarter, the three financial behemoths collectively reported about $11.4 billion in net income. (Another firm came in for criticism, but it was spared the momentary financial penalty because its results were skewed due to an acquisition.)

The remaining six of the 10 largest mortgage companies that were audited were found to need “moderate improvement.” None passed with flying colors.

Bank of America, the worst performer, was found to have poor internal controls for identifying and contacting homeowners. Its error rates were also more than four times Treasury’s benchmark when calculating borrowers’ income. JPMorgan improperly calculated the incomes of nearly a third of borrowers when it was trying to determine their eligibility for the program — more than six times the limit. And Wells Fargo had poor processes for determining borrowers’ eligibility. Its income error rates were also more than five times Treasury’s max.

Treasury first identified potential mass non-compliance in November 2009, warning the participating companies that those failing to meet their obligations to homeowners under their contracts with the federal government “will be subject to consequences which could include monetary penalties and sanctions.” The Obama administration spent the next year and a half defending itself against accusations levied by federal auditors, members of Congress and consumer groups that it was soft on the big banks’ abusive behavior due to its reluctance to follow through on that threat.

But the punishment that has been so long in coming may prove to be short-lived: Treasury will return the money they’re withholding from the three banks once they make the needed improvements.

“If they fix the problem, they will get the money,” said Tim Massad, Treasury’s acting assistant secretary for financial stability, during a conference call with reporters. He added that Treasury had conducted 400 compliance reviews. Massad declined to answer questions over why the administration waited 19 months to make good on its threat.

News that Treasury would temporarily withhold payments to the three companies was first reported by the Washington Post.

More homeowners have been kicked out of the program than are receiving assistance, Treasury data show. Nearly half of them either face foreclosure proceedings, are in foreclosure, or have lost their homes. The initiative will fail to keep President Barack Obama’s promise of helping 3 million to 4 million homeowners avoid foreclosure, auditors have concluded.

Potentially “thousands” of troubled homeowners were denied opportunities to lower their monthly mortgage payments under the administration’s program due to servicer errors and inadequate oversight by Treasury, according to a June 2010 audit by the Government Accountability Office (GAO).

“All this appears to be is that, after the servicers seemingly violated their agreements with Treasury with impunity, Treasury’s sole response is to give them a temporary time-out before paying them in full,” said Neil M. Barofsky, the former special inspector general for the Troubled Asset Relief Program. His critical reports on the bailout earned him plaudits in Congress for looking out for taxpayers, but enemies at Treasury, which administered the TARP.

“It further reaffirms Treasury’s long-running toothless response to the servicers’ disregard of their contract with Treasury, and by extension, the American taxpayer,” added Barofsky, who now serves as a senior research scholar and fellow at New York University School of Law.

In statements, Bank of America said it’s working to improve its results while JPMorgan said it disagrees with Treasury’s conclusions. Wells Fargo went a step further, and said it is “formally disputing” the government’s findings.

Like other companies, Wells has been in constant communication with Treasury and its auditors. Massad said government watchdogs have long been inside the companies’ offices, keeping tabs on their activities. But Wells Fargo said Thursday’s report “contradicts previous written assessments shared with us by the Treasury.”

The withholding of incentives “mean very little to this company,” said Teri A. Schrettenbrunner, a senior vice president at Wells Fargo’s mortgage unit in Des Moines, Iowa. “We’re really in this to get the housing market stabilized. It’s in the best interest of everyone.”

Most experts in and out of government agree that the MHA program has been a dismal failure. Home prices today are lower than when the initiative was launched. Home repossessions continue at a near-record pace. And Americans’ equity in their homes is at a two-year low, Federal Reserve data show.

A substantial portion of them blame the Obama administration — rather than the mortgage industry — for its failure to police the mortgage companies, structure a program that dealt with the biggest drivers of default like negative equity and commit enough money.

Indeed, government auditors have long faulted Treasury for its lack of oversight.

An October 2009 report by the Congressional Oversight Panel, another federal watchdog created to keep tabs on the bailout, recommended that the administration develop “strong, appropriate sanctions to ensure that all participants follow program guidelines.”

In its last report before disbanding, the panel noted that Treasury had yet to take any action.

“There’s no way to help those who have already been harmed by this program,” Barofsky said. “The damage has been done.”

More than three of every four housing counselors surveyed by the GAO said borrowers had either a “negative” or “very negative” experience with the administration’s primary initiative, the Home Affordable Modification Program, better known as HAMP. Just 9 percent described borrowers’ overall experience as “positive” or “very positive,” according to the May report.

The counselors’ most popular recommendation to improve HAMP was for Treasury to enforce sanctions on mortgage companies for noncompliance.

“In many ways, Treasury’s shameful enablement of servicer misconduct has contributed to this program’s abysmal failure,” Barofsky said.

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Sarah Palin Victim of Mortgage Fraud?

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Piggybankblog posted on 06/09/11

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Massachusetts Register of Deeds John O’Brien and Forensic Mortgage Fraud Examiner Marie McDonnell find former Vice-Presidential candidate Sarah Palin is victim of potential mortgage fraud; expert says chain of title to new Arizona home clouded by robo-signers.

In what is an ironic twist of fate today Register of Deeds John O’Brien and nationally renowned mortgage fraud examiner Marie McDonnell, President of McDonnell Property Analytics, Inc., announce that former Alaska Governor and Vice-Presidential nominee Sarah Palin is an unwitting victim of mortgage fraud and has purchased a home in Arizona that contains flaws in the chain of title.

Register O’Brien said, “If fundamental property principles still matter in this country, Sarah Palin may have legal issues that could affect the ownership of her home. Through no fault of her own, Sarah Palin has become a victim like thousands of others across the country that have the same problem with their chain of title. I feel bad for Governor Palin and all the homeowners who have been victimized by this scheme, it just goes to show you that no one is immune from this type of fraud and irresponsible behavior that these banks participated in.”

Marie McDonnell added, “Sarah Palin’s chain of title has been swept up into the eye of the ‘perfect storm’ where robo-signer Linda Green’s fraudulent Deed of Release on behalf of Wells Fargo Bank, N.A. is eclipsed by robo-signer Deborah Brignac’s fraudulent foreclosure documents. Brignac, a Vice President of California Reconveyance Company (a subsidiary of JPMorgan Chase Bank), assigned the homeowner’s Deed of Trust to JPMorgan Chase Bank in her capacity as a Vice President of Mortgage Electronic Registration Systems, Inc. (“MERS”); in the same breath, Brignac executed a document appointing California Reconveyance Company (her real employer) as Substitute Trustee in her alleged capacity as a Vice President of JPMorgan Chase.”

Sound confusing? McDonnell explained, “This is a shell game where Brignac purports to be Vice President of three (3) different entities so that she can manufacture the paperwork necessary for JPMorgan Chase Bank to hijack the mortgage and then foreclose on the property. This is an excellent example of how MERS is being used by its Members to perpetrate a fraud. I have laid out a timeline that illustrates the defects in Sara Palin’s chain of title which shows that it is seriously, if not fatally impaired.” McDonnell whose firm performed the extensive forensic analysis. (See McDonnell’s Mortgage Map)

O’Brien, who recently announced that he found 6047 fraudulent Linda Green documents recorded in the Essex Southern District Registry of Deeds which had 22 different variations of a Linda Green signature has been the National Leader in blowing the whistle on banks such as Bank of America, J.P. Morgan Chase, Wells Fargo for their business practices. O’Brien said “These banks have participated in a national epidemic of fraud that has clouded or damaged the chain of title of hundreds of thousands of American homeowners all across the country”. O’Brien further said “Sadly, Sarah Palin’s misfortune will however, hopefully shine the national spotlight on this issue. Given her position in the country, I am sure that she will use her influence to stand up for homeowners and their property rights”.

Contact:

Kevin Harvey, 1st Assistant Register

978-542-1724

kevin.harvey@sec.state.ma.us

Marie McDonnell, President McDonnell Property Analytics, Inc.

508-694-6866

marie@mcdonnellanalytics.com

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Lawmakers alert watchdog on LME warehousers

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Piggybankblog posted 05/26/11

Cross linked story with reuters.com

Reuters) – Anti-competition authorities may probe activity by large traders on the London Metal Exchange that also own warehouses, including investment bank JP Morgan (JPM.N), after lawmakers raised concerns.

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A parliamentary committee said in a report it was concerned that the same firms that trade metals were able to hold large amounts of metal stored on the LME, the world’s top metals exchange, and alerted competition authorities.

Controversy has swirled in recent months after one party gained control of up to 80 percent of lead stocks at the same time as cash premiums for the metal soared.

The Office of Fair Trading (OFT) said it was considering a report by parliament’s Science and Technology Committee that referred to allegations of anti-competitive behaviour.

“There is no formal investigation open, though as always we would consider any complaints we receive,” an OFT spokeswoman said.

The LME denied any improper activity was taking place and said robust regulations were already in place regarding warehouses.

The concerns by the committee emerged in a report that was largely about the availability of strategic metals, but also touched upon the phenomenon over the past few years of metals warehouses being purchased by trading houses.

“We would be concerned if a dealer were undermining the effective functioning of the market and we look for assurance that the market is functioning satisfactorily,” the committee said in the report.

“We heard that there were large companies dealing metals within the UK and an allegation was made…that a company through a subsidiary may be behaving in an anti-competitive manner.”

FOUR LARGE FIRMS WITH WAREHOUSES

The report said there were four very large companies that own warehouses and named U.S. investment bank JP Morgan (JPM.N), which owns warehousing company Henry Bath.

“They are, therefore, a ring-dealing member of the exchange and they also own the warehouse. That is restrictive,” the committee said.

U.S. investment bank Goldman Sachs (GS.N) owns Metro, commodity trader Trafigura owns NEMS, and Glencore (GLEN.L), which has just listed in London, owns Pacorini.

JP Morgan, Goldman Sachs and Trafigura declined to comment while Glencore was not immediately available for comment.

“There’s been a dramatic change in ownership,” said an analyst who declined to be named. “There’s quite clearly, in banking terminology, scope for cross-selling.”

The firms have said they have Chinese walls between their trading arms and the warehousing units.

But some traders worry that the trading houses are devising strategies based on information about who is holding physical metal and where it is going.

The LME in an emailed response said the assertion that ownership of a warehousing company implies anti-competitive behaviour was “unjustified and completely out of context.”

“Ownership of warehousing by trading companies is not new and there are clear and robust regulations in place concerning this issue, regulations which are under constant review by the LME and our regulator the FSA to ensure the market operates in a fair, transparent and orderly manner.”

The parliamentary report said the allegation about possible anti-competition behaviour was made by the Minor Metals Trade Association (MMTA), but the group said those were the personal views of its former chairman Anthony Lipmann, not the group itself.

The association said in a statement its position on warehouse ownership was clear: “The warehouse company should be neutral, not owned or associated with any trading company.”

Last month, senior metal trading sources told Reuters that Glencore had moved lead stocks to LME monitored warehouses ahead of its flotation at the same time premiums for physical lead rose.

LME data showed that one entity controlled between 50 and 80 percent of inventories and the sources said Glencore was that entity.

Large holdings of LME stocks can occur unintentionally and are not unusual for large companies with many divisions and clients that delve into metals markets.

The LME can force holders of dominant positions to make metal available to other market players by imposing its lending guidelines, which are aimed at ensuring orderly markets.

(Reporting by Pratima Desai; additional reporting by Melanie Burton; editing by Eric Onstad and Jason Neely)

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JPM’s Dimon says bank will pay for foreclosure errors

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Piggybankblog posted 04/06/11

Cross linked story with Bloomberg

Jamie Dimon, chairman and chief executive of J.P. Morgan Chase & Co., says that although the bank didn’t foreclose on people who should’ve been exempted, its mistakes are “embarrassing.”

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(Bloomberg) – J.P. Morgan Chase & Co., the second-biggest U.S. bank by assets, will pay for errors it made in processing the foreclosure paperwork on defaulted home loans, Chief Executive Jamie Dimon said.

“Some of the mistakes were egregious, and they’re embarrassing,” Mr. Dimon, 55, said Tuesday at a conference hosted by the Council of Institutional Investors in Washington. He said the bank faces extra legal and regulatory hurdles after a Florida lawsuit uncovered that bank officials had signed foreclosure affidavits without verifying their accuracy.

The Office of the Comptroller of the Currency, Federal Reserve and Office of Thrift Supervision are nearing an agreement with 14 U.S. mortgage servicers, including New York-based J.P. Morgan, Bank of America Corp. and Wells Fargo & Co., The Wall Street Journal reported Tuesday. Mr. Dimon didn’t elaborate on the negotiations with federal regulators or with state attorneys general.

“We made a mistake, they were signing it based upon what they were told, not based upon checking the note file, checking the loan file,” Mr. Dimon said. “But the actual information in the affidavit was 99.5% accurate. We’re not foreclosing on people who we shouldn’t foreclose on. But we made a mistake, and we’re going to pay for that mistake.”

Mr. Dimon said the bank will “get through it.”

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Former Chase Bank Officer Convicted in SAR Bribery Case

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Piggybankblog posted 03/24/11

Picture posted by piggybankblog

Cross Linked Story from brokeandbroker.com

Frank E. Mendoza, 45, worked for Chase Bank as a loss mitigation specialist — oh, how the financial services industry loves to come up with these fancy-schmanzy titles.  Essentially, a loss mitigation specialist is supposed to head off or contain potential trouble for the bank, particularly when a subpar or nonperforming asset can be converted into a performing one or salvaged for something. Among the arrows in the quiver of these specialists are loan modifications, short sales, foreclosures, etc.

The United States Attorney for the Central District of California alleged that in his capacity as a loss mitigation specialist for Chase Bank, Mendoza conducted an investigation of a delinquent borrower on mortgage loans made in relation to seven properties. In the fall of 2008, Mendoza reported to Chase that he suspected fraud in relation to the mortgages, and in late November 2008, the bank filed a suspicious activity report (SAR) with The Financial Crimes Enforcement Network (FinCEN), a bureau within the Treasury Department.

What’s FinCEN? The Financial Crimes Enforcement Network is a bureau within the Treasury Department charged with protecting the U.S. financial system from criminal abuse. FinCEN administers the Bank Secrecy Act, which is the federal anti-money laundering and counter-terrorism financing statute. The Bank Secrecy Act and FinCEN regulations require certain financial institutions, including all banks, to have Anti-Money Laundering programs in place and to report suspicious transactions and large currency transactions.

What’s An SAR?  All financial institutions operating in the United States are required to prepare and file a SAR if they discover

  • Any known or suspected Federal criminal violation that is committed or attempted against the financial institution or conducted through the financial institution, where the institution is victimized or used to facilitate a criminal transaction, and the institution has a substantial basis for identifying one of its insiders as having committed or aided the act – regardless of the amount involved.
  • Violations aggregating $5,000 or more where a suspect can be identified.
  • Violations aggregating $25,000 or more regardless of a potential suspect.
  • Transactions aggregating $5,000 or more that involve potential money laundering or violations of the Bank Secrecy Act.
  • The transaction involves funds derived from illegal activities or is intended/conducted to hide/disguise funds/assets derived from illegal activities as part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under Federal law;
  • The transaction is designed to evade any regulations promulgated under the Bank Secrecy Act; or
  • The transaction has no business or apparent lawful purpose or is not the sort in which the particular customer would normally be expected to engage, and the financial institution knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.

NOTE: The Bank Secrecy Act prohibits the filer of a SAR from notifying any person involved in the suspicious transaction that the transaction has been reported or of the existence of the SAR.

Head’s Up

In May 2009, several months after reporting the suspicious activity and following Chase’s filing of an SAR,  Mendoza approached the borrower and solicited a $25,000 bribe in exchange for Mendoza’s assistance with Chase and a possible federal criminal investigation related to the delinquent loans. In these conversations, Mendoza disclosed the filing of the SAR by Chase and asserted that a federal criminal investigation of the borrower was imminent.

Talk Into the Rearview Mirror Please

Unfortunately for Mendoza, the borrower quickly reported the bribery solicitation to the Federal Bureau of Investigation (FBI). After the borrower delayed paying any bribe money, Mendoza ultimately agreed to accept $10,000 in cash.

During two meetings in the borrower’s car in a mall parking lot, the borrower made two $5,000 payments to Mendoza. Following the second payment on June 29, 2009, special agents with the FBI arrested Mendoza, recovered the second $5,000 payment, and recovered from Mendoza’s wallet two $100 bills that were part of the first bribe payment.

Jury Verdict

Following a one-week trial, on January 10, 2011, after a mere 30-minutes of deliberation, a federal jury in United States District Court in California found Mendoza  not guilty of the charge of attempted economic extortion, but the jury found him guilty of disclosing the existence of the SAR, demanding  a $25,000 bribe, ultimately accepting $10,000 in bribes from the customer, and subsequently disclosing the SAR.

Mendoza is scheduled to be sentenced on May 25 and faces a statutory maximum penalty of 95 years in federal prison.

FinCen believes Mendoza is the first bank official in the nation to be convicted of criminal charges for revealing the filing

If you have questions, you may contact Michael at: LAS VEGAS PROPERTIES michael@nevadaboom.com

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Homeowner Suffers Horrific Injustice at the Hands of JPMorgan Chase

 

Piggybankblog posted 03/04/11

Cross linked with Mandelman Matters

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For over two years I’ve had a front row seat for the foreclosure crisis, the by-product of our government’s complete mishandling of the worst economic downturn in seventy years.

During that time I’ve been exposed to some pretty horrific things… people living in their cars with a child sleeping in the trunk… the eviction of an 89 year-old couple… I’ve gotten to know what that fear sounds like and feels like… the fear of losing one’s home while the country talks about you as being nothing more than an “irresponsible borrower,” someone who never should have bought your home in the first place, even though you may have lived in it for 30 years.

What I saw this past week, however, was something new for me… I’d heard of things like this happening before, written about them, even.  But, I had never seen anything like it, up close and personal.

As a warning… this story is not for the squeamish.  If you’re pregnant, or have heart disease, or just want to go on pretending that your country is still a place of which you’re proud… it’s better that you click off now… because this one isn’t going to make you laugh.

An Anaheim couple with an eight year-old daughter has lost their home… that would be one way of phrasing it.  Another way to describe what happened would be to say that JPMorgan Chase, an outfit that I now see clearly is significantly worse than any crime family… has thus far been permitted by the courts and the laws in California to STEAL an Anaheim couple’s home.

Why do I say that Chase stole it?  Well, there are lots of reasons, but I think the one that tops my list would have to be, because they never missed or were late on a payment… in every single month that JPMorgan Chase told the couple to make a payment… they paid the exact amount they were told to pay… on time and as agreed… never missed even one… never were late, not even once.

“We trusted the bank,” the Mom says, “like idiots.”

The husband in this family worked for the City of Placentia in Southern California for some 27 years.  The wife and mother has her own small business.  Their adorable eight year-old daughter, whose life is about to be inalterably changed at the hand of JPMorgan Chase, goes to school near by and loves her home.  Her parents haven’t told her anything about this yet, and I pray to God they never have to… that JPMorgan Chase comes forward and stops this egregious wrong that they have let happen… that they have created.

I can barely tell this story… I can’t imagine it ever happening to me… I can’t imagine it ever happening to anyone in this country… a place I used to proudly think of as my country.  Not so much anymore though.

The husband in this family became ill a few years ago… advanced diabetes… his kidneys have failed, he’s on dialysis… heart disease… he’s spent time on a respirator while hospitalized.

Yet, they’ve made it through everything, this family, through all of that and more… stayed together… raised a daughter… found ways to laugh and play together… they must love each other very much.

They had bought their 2-bedroom home in August of 2006… as it turns out… terrible timing… but who knew that the bankers, who had leveraged themselves 40-100 to one, were about to blame homeowners for their defrauding of the investment community, bankrupting the global financial system, and destroying the credit markets?  Bernanke didn’t know… Paulson didn’t know… personally, I think that lets this couple off the hook about the whole should-have-known thing.

So, for three years they made their payments without fail.  And maybe if it would have just been the economy or just the medical bills, they would have made it through this… but both was too much, and they received a Notice of Default in July of 2009.

They applied to JPMorgan Chase for a loan modification, and Chase granted them a trial modification in February of 2010.  Chase told them to pay $869 for three months, and entered them into another program in May, telling them to make monthly payments of $1358.

They paid every month, on time every time… by cashier’s check, as required by Chase.  The trial modification paperwork said something to the effect of:

“If all payments are payments are made as agreed, we will reevaluate you to determine if we can offer you a permanent modification.”

“We trusted the bank,” the Mom says, “like idiots.”

In August, they received a Notice of Sale.  They called Chase… and imagine their relief when they were told not to worry one bit about that notice.  Apparently, it was just the fault of Chase’s stupid computer system that just spits things like that out without anyone telling it to do so.  False alarm, what a relief.

So, they paid their September payment… and paid their October payment… and it was around October 10th when they received another Notice of Sale.  Again, they called Chase, perhaps a little less nervous than the last time the same thing had happened… and wouldn’t you know it… another false alarm… it was that darn computer system again.  Nothing to worry about, Chase told them… just keep those payments coming.

Oh, but while we’ve got you on the phone, we need you to send in some current paycheck stubs and other miscellaneous pieces of information, which they did… and then did again… you know the standard operating procedures for servicers by now I’m sure.

I know, it’s not Chase’s fault… they’ve reportedly been having trouble hiring minimum wage people for the last three years.  Or was it the investor’s who won’t let them modify?  I can never remember which lie was Chase’s favorite… Bank of America was having the phone problems… Wells couldn’t stop their employees from losing stuff over and over… Yep, Chase was the can’t-hire-anyone-and-investors-won’t-modify, I’m almost positive.

Right around the third week of October, they come home to find a notice of sale pinned to their front door.  Oh my God… they called Chase again.  “Oh, just ignore it once again,” Chase lied.  “You don’t have to worry about that, silly, you’re under consideration for a loan modification, why would we sell your house?”

 

A few more days and another notice on the door… Chase back on the phone… but this time everything was different… Chase said they were selling their home in ONE HOUR.  To stop the sale, they would need to get down to the courthouse with about twenty-five grand… in 55 minutes, 50… 45… 40…

I suppose we needed another vacant home in Anaheim in a hurry, because predictably, the home went back to Fannie Mae at the Trustee Sale.  Gone, in the blink of an eye… sold October 21, 2010… just 21 days after they had made their October payment.  Chase had told them not to worry… it was just the computer system… no one would sell their home.

And now it was gone.

“We trusted the bank,” the Mom says, “like idiots.”

The father has a hospital bed in the living room, he requires special care… their daughter… in school close by… eight years old… is that second or third grade?

The couple pleaded with Chase that day on the phone, I can only imagine what that felt like for them on that day.  Here’s what the mom said to me:

We’re not people who simply decided to skip out on our mortgage. We did everything as upright and by the book as we were instructed to do by Chase yet we still lost our home. On the day they took back the property, I called Chase pleading for an alternative to this. Their reply to me was “I suggest you find a new place to live.”

The Unlawful Detainer or UD hearing was the next indignity the couple would suffer… and I haven’t been able to stop thinking about this next part all week.

With the medical bills they were receiving, and the uncertainty about the future, they didn’t feel they could afford a lawyer for the Unlawful Detainer trial. As the date for the UD neared, the husband was still in the hospital; he would be released roughly 48 hours before he would have to be in court.

They found an attorney who would help them and she called the opposing counsel, a lawyer from one of those scum-of-the-earth foreclosure mills that have no doubt been making untold millions intimidating homeowners, already scared to death and almost always without counsel, McCarthy & Holthus. They look like rich young men who don’t care at all about what the banks are doing to their neighbors… well, maybe not their neighbors… they probably live in some zillion-dollar beach pad.

(Hey fellas… looking forward to seeing you on Google!  If you’ve been spending money on SEO trying to rank up at the top, I’ve got outstanding news… I’m going to put you right up there.  May not be exactly what you had in mind, but then I don’t give a rat’s ass what’s in your under-developed minds.)

The couple’s lawyer asked the McCarthy & Holthus lawyer if there could be a continuance as the husband would be only a day or two out of the hospital…. they said they’d check with Fannie Mae… then said that Fannie said no.  I guess Fannie Mae, a bankrupt and tax-payer owned mortgage company really wanted another empty condo in Anaheim.

The lawyer asked, what if the couple comes in and asks the judge for a continuance, would McCarthy & Holthus object?  No, she was told, they would not object “vigorously.”  So, the couple went to the UD expecting to ask the judge for a continuance, she pushing him in his wheelchair.

As soon as they walked in, another  McCarthy & Malthus lawyer, Kevin Mello was walking towards them.  As he approached, the couple overheard Kevin say to another, “I’m so sick of all these sob stories.”

Oh, no he didn’t… Oh, yes he did.

(And boy oh boy, is Kevin going to regret saying that… LOL… Yoohoo, Kevy, baby… you hang in the courthouse right near my house… do you know how lucky you’re aren’t?  I’m actually making a documentary about the foreclosure crisis, and hadn’t yet cast the shithead.  How lucky is that?)

Mello asked the couple when they could be out of their home.  They said that they would need six weeks.  Mello made a call and said they could have 30 days.  The husband asked to talk to the judge, but our guy Kevin said, “Why, the judge has no authority… he’ll tell you to be out in 4 days… the bank has all the authority.”

Does it now, Kevin?  The bank?  Fannie Mae?  The scandal-ridden, morally and financially bankrupt, already absorbed into the federal government, Fannie Mae?

Kevin had some papers he said that the couple needed to sign.  They said no, they didn’t want to sign anything.  Kevin said they had no choice… either sign or be out in four days.  He put the documents in front of them… they couldn’t move his hospital bed in 4 days… they signed.  Stipulated to a judgment and waved future claims.

When they appeared before the judge, he said that they should be GRATEFUL that the bank gave them 30 days.

When the couple tried to relay the story of the loan modification con job and Chase lying and then the stealing of the home… well, they didn’t use those terms, I did, but someone has to, right?  Because that’s what happened, and I don’t give a damn what other factors are involved, that’s what happened, sure as shootin’.

And, even though I’ve been covering the inconceivable tragedy that is the foreclosure crisis, after learning of what happened to this this couple, I couldn’t help but wonder how or why this could possibly happen… and no one cared… in this country… and no one cared.  Because I know I’ve been hard on the servicers, and deservedly so, but is it really possible that they are actually inherently evil… are they literally lying to everyone and intentionally try to sabotage the nation?  How could that be true?  It couldn’t, right?

And something occurred to me, something that I had not previously considered.  And maybe it’s important to consider.

Prior to the last three to four years tops, foreclosures were a very different animal than what we have going on today, but I’m starting to think that maybe a lot of people don’t know that.  You see, prior to this crisis, foreclosures were exceedingly rare.  When someone got into financial trouble they either sold their home, or borrowed against it to get through the storm.  But this housing market was pushed off a cliff, the credit markets froze almost overnight, prices fell through the floor and fast.  People losing homes today bear no resemblance to the foreclosures of the last 50 years… no resemblance whatsoever.

So, maybe our entire system, including the inadequate and fraudulent documentation, and the incredibly uncaring and incompetent treatment of the homeowners involved… maybe it’s happening because we haven’t stopped to realize that although today we have foreclosures and years ago we had foreclosures… they really shouldn’t be called the same thing because they’re not the same thing.  In fact, they’re so different they shouldn’t share the same moniker.

Maybe we should call today’s foreclosures, fraudclosures… I mean, like all the time… like as in someone call Webster’s.  Maybe if our society understood the substantive nature of the distinction, things would improve… no?  I think maybe  yes.  Like, do the bankers think that today we’re just having more of the same foreclosures we had years ago… same thing… just more of them?  Because that’s not the case.

Because in the days before this crisis, you’d never modify a loan… the person who went into foreclosure wasn’t a person that anyone would ever consider modifying a loan for, because by the time they went into foreclosure there was no hope for anything but repossession and after that, of course, liquidation was a certainty.  That’s not a description of today’s situation.

Look, what happened to this couple… is it not the kind of thing that you might expect to happen in some totalitarian regime?

So, why is that okay with even one single American?  We treat criminals better than this.  But today’s homeowners aren’t losing homes for the same reasons as before, they’re not deadbeats, they’re victims.  And something has to be done to change this, because as sure as I’m sitting here, what’s happening is going to end badly and I fear, violently.  People are going to get hurt… I don’t know how, when or where… but no way does this just keep going and everyone’s okay.

Chase’s conduct was so offensive that a highly experienced trial attorney agreed to take their case.

A complaint will be filed on Tuesday in Orange County Superior court seeking compensatory and punitive damages.


The couple’s lawyer would later ask a McCarthy Holthus lawyer about the apparent preference for coercion and intimidation, and she basically replied by saying, “Hey, look… I’m not their lawyer, I’m the bank’s lawyer.  If they wanted a lawyer they should have had their own.”  My words, not hers… but that’s what she was saying.

No, I’m sorry McCarthy Holthus… on that point you’re entirely wrong.  I mean, everyone know you don’t need to pay a lawyer when you’re applying for a loan modification… just ask the California State Bar, the Attorney General’s office… President Obama… come on… everyone knows that.

Mandelman out. 

P.S. Hey bloggers… Facebookers… please help me get the word out on this… post, repost, tweet, re-tweet.  I’m hoping Chase sees this and stops the eviction… otherwise this couple could be fighting this from a homeless shelter.  We can’t save everybody, so let’s save one at a time.

..

JPMorgan Chase seeks to make amends with military customers after improper foreclosures. 

 

Piggybankblog posted on 02/24/11

cross linked with canadianbusiness.com 

NEW YORK (AP) – JPMorgan Chase & Co. on Tuesday announced new programs geared toward military customers and veterans, and apologized for overcharging thousands of active-duty service members on mortgages and improperly foreclosing on more than a dozen.

The steps include a program making certain military personnel eligible for reduced-rate mortgages; enhancing a mortgage modification program for personnel who are having trouble making payments; and a pledge not to foreclose on any active personnel while they’re deployed.  JPMorgan Chase Chairman and CEO Jamie Dimon said those programs and other initiatives “are a start, but in no way a finish” to the bank’s recent missteps involving military clients.  ”This company has a great history of honoring military and veterans, and the mistakes we made on military foreclosures are a painful aberration on that track record,” Dimon said in a news release. “We deeply apologize to our military customers and their families for these mistakes. We cannot undo them, but we can take accountability for them, fix them and learn from them.”The New York-based company admitted the mistakes last month, including breaking a law that limits fees and interest charged to active-duty service members. Service members on active duty can’t be charged more than 6 percent for most debts that they incur before they are deployed. Their homes can’t be foreclosed on until after they return from active duty.

On Feb. 1, the head of a new government office charged with protecting military personnel from financial tricks and traps wrote CEOs of the 25 biggest mortgage banks. In the letters, Holly Petraeus said the CEOs needed to make sure their employees understand military legal protections. Petraeus heads the Office of Servicemember Affairs within the government’s new Consumer Financial Protection Bureau.

Her letter came after the violations involving mortage rates and foreclosures were reported by NBC News.

Here’s a look at some of the steps JPMorgan announced Tuesday:

Mortgage rate reductions: Beginning April 1, Chase Home Lending, the bank’s mortgage business, will implement a rebate or similar program for military personnel protected by pricing caps under the Servicemembers Civil Relief Act. Eligible borrowers may have their mortgage rate reduced to 4 percent while on active duty, and for a year afterward. That maximum rate is 2 percentage points lower than the 6 percent rate current required under the act.

Loan modifications: In April, Chase will enhance a program to modify mortgage terms for military borrowers who are delinquent or having trouble making payments. The program is open to all members of the military who have served on active duty as far back as Sept. 11, 2001. The program will go beyond the requirements of the government’s current mortgage modification initiative, the Home Affordable Modification Program.

Home ownership assistance: The bank said Chase will not foreclose on any currently deployed active military personnel. The change goes beyond current requirements of the the Servicemembers Civil Relief Act. Those requirements protect military borrowers against foreclosure only if they took out their loans before going on active duty. Chase also will donate 1,000 homes to military and veterans over the next five years through non-profit partners. By the end of this year, Chase will open five new homeownership service centers in cities near the following military bases: Fort Hood, in Texas; Naval Station Norfolk, in Virginia; Fort Bragg/Pope Air Force Base in North Carolina; Camp Lejeune in North Carolina; and Fort Campbell in Kentucky.

 

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3 Comments

  1. WAMU/Chase? Welcome home!
    http://www.wamuloanfraud.com

    The BoA homeowners should do what we are doing… get organized – debt slaves!

  2. Melanie Breech says:

    How about that James Dimon, now maybe you will get your day too. Still plan on taking my house? you will have to rip my cold dead hands off the bulldozer controls first.
    Of course you will have one of your baboons there in your Exec. office do it for you I am sure. By the way since now maybe we all have your attention what ever happened to my Exec. Counselor Ms. Terri Hanning? Who by the way was the only person that actually wanted to help people and could speak fluent english ?? did you really reassign her or did you move her to another department because she was to good at what she was doing?.
    25 BILLION dollars of taxpayers money and all you can think about is buying more banks out. Too the BARNYARD you go JAMIE ! along with everyone else that has your ideas. We are the people this is our money and we are FIGHTING BACK BIG PIGGY !!
    I am Melanie Breech and I AM FIGHTING BACK !!!

  3. Melanie Breech says:

    Good Morning all !!!

    Where or Where could Ms. Terri Hanning be?
    Terri if you are out there and have the chance to read this please send me an e mail at m.breech@mchsi.com or just give me a ring you have my number. Please give me some idea as to why Chase has taken you off my case and then had the nerve of assigning me to some little snot that had NO IDEA what she was doing or saying not only was she RUDE when I informed her that all our conversations were being recorded she slammed the telephone up on me. So here we go Angela Quarles Thanks for ALL your help. And here is to you Jamie Dimon . OINK !! OINK !!

    I am Melanie Breech and I am fighting back

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