NEW YORK(AP)
New York Attorney General Andrew Cuomo will intensify his probe
into auction-rate securities by focusing on Bank of America Corp.,
Goldman Sachs Group Inc. and Deutsche Bank AG, a person close to
the investigation said Wednesday.
The banks are the three biggest players in the auction-rate
securities market that have not already reached a settlement with
Cuomo, who is seeking deals on behalf of regulators and state
authorities. Five major Wall Street firms including Citigroup Inc.
and Switzerland's UBS AG have agreed to $42 billion in
settlements.
For the next phase, Cuomo has directed staff to spend more time
gathering facts and talking to the three banks about the sale of
the risky securities, said a person inside the attorney
general's office who asked not to be identified by name because
he was not authorized to speak publicly about it.
The investigators are examining how brokerages sold auction-rate
securities before the $330 billion market collapsed in February. No
one that has settled has admitted wrongdoing.
A spokeswoman for BofA declined to comment. Deutsche Bank did
not immediately return telephone calls, and a spokesman at Goldman
Sachs said the firm was "cooperating fully with all
regulators."
Also on Wednesday, Cuomo's office reiterated that smaller
brokerage firms that acted as middlemen in sales of auction-rate
securities will be held accountable for any losses suffered by
investors.
Brokerages like Fidelity Investments, Charles Schwab Corp., TD
Ameritrade Holding Corp., E-Trade Financial Corp. and Oppenheimer
& Co. are being investigated over how they pitched the
investments to clients, according to a letter obtained by The
Associated Press. These firms, known as downstream brokerages,
acted as secondary dealers by purchasing auction-rate securities
from the major banks that packaged them.
"If downstream brokerages deliberately stuck their heads in
the sand but continued to actively market these products to
unknowing investors, that will certainly be relevant to our
calculus of the firms' culpability," Benjamin Lawsky,
deputy counselor and special assistant to Cuomo, said in the
letter. "These firms are licensed broker-dealers and were
obviously well paid by their clients for their specialized
knowledge and diligence regarding the appropriateness of various
products as investments."
The Regional Bond Dealers Association earlier this week asked
regulators to focus their attention on the primary dealers that
first sold the securities. They believe that smaller brokerages
should not be expected to buy back the investments from their
customers, arguing that the major Wall Street banks that underwrote
the securities should be held responsible.
The Washington-based bond market trade group said that about $60
billion of the auction-rate securities were sold through brokerages
that didn't know the market was in danger of collapse.
The auction-rate securities market involved investors buying and
selling instruments that resembled corporate debt, except the
interest rates were reset at regular auctions, some as frequently
as once a week. A number of companies and retail clients invested
in the securities because they could treat their holdings almost
like cash.
But the market for them collapsed amid the downturn in the
broader credit markets. Regulators have been investigating the
collapse in the market to determine who was responsible for its
demise and whether banks knowingly misrepresented the safety of the
securities when selling them to investors.
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