March 12, 2013 Joshua Rosner 646/652-6207
[email protected] JPMorgan Chase: Out of Control In this report we will focus on the risk management and internal control environment at JPMorgan Chase, a bank whose balance sheet is almost one-ninth the size of the United States economy. JPMorgan's financial filings, its "Task Force" investigation of losses in the CIO's office and its recent history of significant regulatory failures demonstrate that shareholders are continuing to be called upon to pay for the firm's inability to ensure an acceptable control environment. There are real risks of further regulatory or legislative changes to required leverage and capital ratios, and that the FDIC’s “single point of entry” approach to the orderly liquidation authority may result in new long-term debt issuance requirements at the holding company. Furthermore, other business risks appear under-appreciated, such as those associated with interest-rate risk management and also the collateral management of derivatives. While these fundamental issues deserve attention, they are not areas of focus in this report but will be addressed in a forthcoming report that considers the fundamental financial realities of “fortress JPM”. The failures we highlight are not exhaustive but should nonetheless serve to demonstrate the ongoing strains in managing a firm the size of JPMorgan and the benefits that would accrue to shareholders from better oversight and a business plan more focused on core operations. We have intentionally chosen not to detail all of the many private or public actions settled or outstanding (which have driven almost $16 billion in litigation expenses since 2009) or, other than the multistate settlement and foreclosure review settlement, the agreed to or unresolved costs of actions related to mortgage putback demands, including those of institutional investors, insurers, the GSEs, FHA, or the costs of foreclosure-related actions.