JPMorgan settles SEC 'pay-to-play' charges in Ala.
By MARCY GORDON
WASHINGTON (AP) - JPMorgan Chase & Co. has agreed to a
settlement worth more than $700 million over federal regulators'
charges that it made unlawful payments to friends of public
officials to win municipal bond business in Jefferson County, Ala.
The Securities and Exchange Commission on Wednesday announced
the settlement with JPMorgan, which canceled interest-rate swap
contracts with the county worth $700 million in March. The move
lowers the county's bond debt to about $3.2 billion from $3.9
billion, but officials had no immediate comment on whether that was
enough to help the county avoid filing what would be the largest
municipal bankruptcy ever.
The Wall Street bank did not admit or deny the SEC allegations
in agreeing to pay a $25 million civil fine and a $50 million
payment to the county, and to forfeit $647 million in termination
fees it claims the county owes from the canceled swap agreements.
JPMorgan also was censured and agreed to refrain from future
violations of the securities laws.
NYSE:JPM Updated: 16:00 ET 42.46 -0.09 |
Regulators have issued warnings for years over so-called
``pay-to-play'' relationships between investment firms and
government officials in the $2.7 trillion municipal bond market,
tapped by state and local governments around the country to finance
schools, roads, hospitals and public works projects. The Jefferson
County scandal has roiled Alabama's most populous county and last
week brought the federal bribery conviction and ouster of
Birmingham's mayor.
In a civil lawsuit filed Wednesday, the SEC also accused two
former managing directors of JPMorgan, Charles LeCroy and Douglas
MacFaddin, of securities law violations. The agency is seeking
unspecified restitution from them. They plan to contest the
charges.
The SEC alleged that JPMorgan, LeCroy and MacFaddin made about
$8.2 million in undisclosed payments in 2002 and 2003 to close
friends of several Jefferson County commissioners. The money went
to local brokerage firms whose principals or employees were friends
of the county officials, the SEC said. Starting in July 2002,
LeCroy and MacFaddin solicited the county for a $1.4 billion sewer
bond deal.
Swayed by the payments, the county commissioners voted to select
JPMorgan's securities division as managing underwriter of the bond
offerings and its affiliated bank as swap provider for the
transactions, the SEC said.
The $5 billion in municipal bond business and swap agreements
awarded to JPMorgan was the largest such deal in its securities
division's history, according to the SEC.
JPMorgan failed to disclose any of the unlawful payments or
conflicts of interest in the bond offering documents, but passed on
the cost of the payments by charging the county higher interest
rates on the swap transactions, the SEC said.
``The transactions were complex but the scheme was simple,'' SEC
Enforcement Director Robert Khuzami said in a statement. ``Senior
JPMorgan bankers made unlawful payments to win business and earn
fees.''
MacFaddin's attorney, Richard Lawler, said his client ``has at
all times acted properly'' in his dealings with Jefferson County.
``He denies he has violated any securities laws and we're confident
he'll be vindicated after trial,'' Lawler said.
LeCroy's lawyer, Lisa Mathewson, said he ``believes that the SEC
has overreached with this complaint, both by overstating its
jurisdiction and by labeling permissible business practices as
fraudulent.''
New York-based JPMorgan said in a statement it has since
discontinued its municipal swap-exchange business. The settlement
with the SEC ``does not impair any outstanding Jefferson County
bonds and JPMorgan continues to work to achieve a responsible
restructuring of Jefferson County's financial affairs,'' the
statement said.
The SEC last year charged now-ousted Birmingham mayor Larry
Langford and two others for undisclosed payments to Langford
related to municipal bond offerings and swap agreement transactions
made while he was president of the Jefferson County Commission. On
Oct. 28, Langford was found guilty in the related criminal case on
60 counts of bribery, mail fraud, wire fraud and tax evasion.
In July, the SEC proposed tightening rules governing disclosures
about municipal securities to aid investors in the municipal bond
market.
Brokers and dealers in municipal bonds and other securities
would be required to make fuller and more timely disclosures to
investors.
Retail investors increasingly participate in the municipal bond
market, seeking safe investments with reliable returns. The
financial crisis and tight credit have made it more difficult for
some municipal securities deemed higher risk to be sold.
11/04/09 20:32
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