Building on Our Foundation for a Ne W Future
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Ethics Resource Center (2013) a Scary Headline
If I Were Trying to Get and Keep an Ethical Culture . Prof. Marianne Jennings Emeritus W.P.Carey School of Business Arizona State University Jennings Where we are SOME SCARY SLIDES 2 Ethical Lapses . Davis-Besse . Google (3 times) . Bear Stearns . Adelphia (FENOC) . GroupOn . Berkshire Hathaway . Deloitte Touche . ADM . Hallmark Westland . Biovail . Delphi . AIG (three times) . HealthSouth . BNY . Deutsche Bank . Allergan . Body Shop . Diamond Nuts . Helig-Myers . American Apparel . Boeing . Downey Savings & . Herbalife . American Express . BP (three times) Loan . HP . Apple (twice) . Bristol-Myers . Duke Energy Squibb . HSCB . Apollo Group . DuPont . Calpers . ImClone . Arthur Andersen . Edward Jones . Cardinal Health . IndyMac . AstraZeneca . Eli Lilly . Cendant . Ernst & Young . Johnson & Johnson . AT & T . Chase . Facebook . Autonomy . Kmart . Chesapeake Energy . Fannie Mae (twice) . Avon . KPMG (twice) . Chiquita . Fidelity Investments . Bally Total Fitness . Chrysler . Krispy Kreme . Galleon Hedge Fund . Bank of America . Cintas . Lehman Brothers . General Electric . Barclays . Citigroup . Lennar Corp. GlaxoSmithKline (2) . Bayer . Columbia HCA . Lucent . BCBS . Computer . Global Crossing Associates . Madoff Investment . BCCI . Global Research Securities . Countrywide . BDO Seidman Financial . GM . Marsh & McLennan . CSFB . Goldman Sachs (2X) . McNeil (Tylenol) . CVS Ethical Lapses . Medtronic . Qwest . Mellon Bank . Razorfish . Tyco International . Mercer . RBS . UBS . Merck . Reebok . UnitedHealth Group . Refco . Merrill Lynch . Universities and . MF Global . Royal Ahold sports . Royal Shell . Microstrategy . UPS . Milberg Weiss . SAC Capital . Wachovia . Moody’s . Saks Fifth Avenue . Morgan Stanley . Sallie Mae . WaMu . Navistar International . Samsung . Wells Fargo . New Century Financial . Satyam (India) . World Bank . Shaw Group . New Orleans Saints . WorldCom . Nortel . Siemens . Xerox . Novartis . Société General . Options scandals (200 . Standard & Poor’s . Zynga companies) . Stanford Investments . Oracle . Student loan lenders . -
1 UNITED STATES BANKRUPTCY COURT for the District of Delaware
UNITED STATES BANKRUPTCY COURT For the District of Delaware In re Honorable Kevin J. Carey Chapter 11 New Century Mortgage Corporation 07-10419 New Century Mortgage Ventures, LLC 07-10429 NC Capital Corporation 07-10420 NC Residual III Corporation 07-10424 New Century R.E.O. Corp. 07-10426 New Century R.E.O. II Corp. 07-10427 New Century R.E.O. III Corp. 07-10428 NC Deltex, LLC 07-10430 NCoral, L.P. 07-10431 NC Asset Holding, L.P. 07-10423 Home123 Corporation 07-10421 New Century TRS Holdings, Inc. 07-10416 NC Residual IV Corporation 07-10425 New Century Credit Corporation 07-10422 New Century Financial Corporation 07-10417 New Century Warehouse Corporation 07-11043 Debtors. DISCLOSURE STATEMENT FOR THE JOINT CHAPTER 11 PLAN OF LIQUIDATION OF THE DEBTORS AND THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS DATED AS OF FEBRUARY 2, 2008 Suzzanne S. Uhland Mark Collins Ben H. Logan Michael J. Merchant Andrew M. Parlen Christopher M. Samis O'MELVENY & MYERS LLP RICHARDS, LAYTON & FINGER, P.A. 275 Battery Street One Rodney Square San Francisco, California 94111 920 North King Street (415) 984-8700 Wilmington, Delaware 19801 (302) 651-7700 Attorneys for the Debtors and Debtors in Possession Please note that this Disclosure Statement is a draft and that it has not been approved by the Bankruptcy Court. Until this Disclosure Statement is approved by the Bankruptcy Court, after a determination that it contains “adequate information” within the meaning of section 1125 of the Bankruptcy Code, this Disclosure Statement may not be used for solicitation purposes. -
The Origins of the Financial Crisis
FIXING FINANCE SERIES – PAPER 3 | NOVEMBER 2008 The Origins of the Financial Crisis Martin Neil Baily, Robert E. Litan, and Matthew S. Johnson The Initiative on Business and Public Policy provides analytical research and constructive recommendations on public policy issues affecting the business sector in the United States and around the world. The Origins of the Financial Crisis Martin Neil Baily, Robert E. Litan, and Matthew S. Johnson The Initiative on Business and Public Policy provides analytical research and constructive recommendations on public policy issues affecting the business sector in the United States and around the world. TH E O R IGI ns O F T H E F I N A N CIA L Cr I S I S CONTENTS Summary 7 Introduction 10 Housing Demand and the Perception of Low Risk in Housing Investment 11 The Shifting Composition of Mortgage Lending and the Erosion of Lending Standards 1 Economic Incentives in the Housing and Mortgage Origination Markets 20 Securitization and the Funding of the Housing Boom 22 More Securitization and More Leverage—CDOs, SIVs, and Short-Term Borrowing 27 Credit Insurance and Tremendous Growth in Credit Default Swaps 32 The Credit Rating Agencies 3 Federal Reserve Policy, Foreign Borrowing and the Search for Yield 36 Regulation and Supervision 0 The Failure of Company Risk Management Practices 2 The Impact of Mark to Market 3 Lessons from Studying the Origins of the Crisis References 6 About the Authors 7 NOVEMBER 2008 TH E O R IGI ns O F T H E F I N A N CIA L Cr I S I S SUMMARY he financial crisis that has been wreaking ing securities backed by those packages to inves- havoc in markets in the U.S. -
Developments in Banking and Financial Law: 2006-2007
DEVELOPMENTS IN BANKING AND FINANCIAL LAW: 2006-2007 THE SUBPRIME MORTGAGE CRISIS I. Staff Introduction....................................................................................2 II. Overview of the Subprime Mortgage Market .........................................3 III. Historical Overview of State and Federal Regulation of Mortgage Lending........................................................................................................12 IV. Historical Changes Within the Credit and Investment Markets ...........21 V. Public Commentary on the Subprime Crisis and its Causes ................33 VI. The Role of Rating Agencies in the Subprime Mortgage Crisis ...........43 VII. Subprime Collapse Turned Credit Crunch...........................................50 VIII. Macroeconomic Implications of the Subprime Lending Crisis ...........57 IX. Subprime Mortgage Consumers ...........................................................67 X. Globalization of the Subprime Crisis: Foreign Market Effects ............77 XI. Impact of the Subprime Mortgage Crisis on the Student Lending Industry........................................................................................................91 XII. Predatory Lending’s Role in the Subprime Mortgage Crisis .............101 XIII. Overview of Responses, Reactions, and Potential Solutions to the Crisis…......................................................................................................111 2 REVIEW OF BANKING & FINANCIAL LAW Vol. 27 I. Staff Introduction The collapse of -
Mortgages Loan Payments
HARVARD JOHN M. OLIN CENTER FOR LAW, ECONOMICS, AND BUSINESS LEGAL AND ECONOMIC ISSUES IN LITIGATION ARISING FROM THE 2007-2008 CREDIT CRISIS Jennifer E. Bethel Allen Ferrell Gang Hu October 23, 2008 Discussion Paper 02/2008 Revised 10/2008 Harvard Law School Cambridge, MA 02138 This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ The Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/ This paper is also a discussion paper of the John M. Olin Center’s Program on Corporate Governance. LEGAL AND ECONOMIC ISSUES IN LITIGATION ARISING FROM THE 2007-2008 CREDIT CRISIS Jennifer E. Bethel* Allen Ferrell** Gang Hu*** ABSTRACT This paper explores the economic and legal causes and consequences of the 2007-2008 credit crisis. We provide basic descriptive statistics and institutional details on the mortgage origination process, mortgage-backed securities (MBS), and collateralized debt obligations (CDOs). We examine a number of aspects of these markets, including the identity of MBS and CDO sponsors, CDO trustees, CDO liquidations, MBS insured and registered amounts, the evolution of MBS tranche structure over time, mortgage originations, underwriting quality of mortgage originations, and writedowns of the commercial and investment banks. In light of this discussion, the paper then addresses questions as to whether these difficulties might have been foreseen, and some of the main legal issues that will play an important role in the extensive litigation (summarized in the paper) that is underway, including the Rule 10b-5 class actions that have already been filed against the banks, pending ERISA litigation, the causes-of-action available to MBS and CDO purchasers, and litigation against the rating agencies. -
Federal Reserve Bank of St. Louis
NuclearRegulatoryCommission Exhibit#-NRC000048-00-BD01 Docket#-04003392 Identified:12/15/2011 Admitted:Withdrawn:12/15/2011 Rejected:Stricken: NRC000048 10/14/2011 The Financial Crisis: A Timeline of Events and Policy Actions February 27, 2007 | Freddie Mac Press Release The Federal Home Loan Mortgage Corporation (Freddie Mac) announces that it will no longer buy the most risky subprime mortgages and mortgage-related securities. April 2, 2007 | SEC Filing New Century Financial Corporation, a leading subprime mortgage lender, files for Chapter 11 bankruptcy protection. June 1, 2007 | Congressional Testimony Standard and Poor’s and Moody’s Investor Services downgrade over 100 bonds backed by second-lien subprime mortgages. June 7, 2007 Bear Stearns informs investors that it is suspending redemptions from its High-Grade Structured Credit Strategies Enhanced Leverage Fund. June 28, 2007 | Federal Reserve Press Release The Federal Open Market Committee (FOMC) votes to maintain its target for the federal funds rate at 5.25 percent. July 11, 2007 | Standard and Poor’s Ratings Direct Standard and Poor’s places 612 securities backed by subprime residential mortgages on a credit watch. July 24, 2007 | SEC Filing Countrywide Financial Corporation warns of “difficult conditions.” July 31, 2007 | U.S. Bankruptcy Filing Bear Stearns liquidates two hedge funds that invested in various types of mortgage-backed securities. August 6, 2007 | SEC Filing Page 1 of 43 NRC000049 10/14/2011 August 6, 2007 | SEC Filing American Home Mortgage Investment Corporation files for Chapter 11 bankruptcy protection. August 7, 2007 | Federal Reserve Press Release The FOMC votes to maintain its target for the federal funds rate at 5.25 percent. -
The Global Economic & Financial Crisis: a Timeline
1 The Global Economic & Financial Crisis: A Timeline Mauro F. Guillén Director of the Lauder Institute [email protected] Wednesday, February 7, 2007: HSBC announces losses linked to US subprime mortgages. Tuesday, April 3, 2007: New Century Financial, which specializes in sub-prime mortgages, files for Chapter 11 bankruptcy protection and cuts half of its workforce. Thursday, May 17, 2007: Federal Reserve Chairman Ben Bernanke says growing number of mortgage defaults will not seriously harm the US economy. Wednesday, June 2007: Two Bear Stearns-run hedge funds with large holdings of subprime mortgages run into large losses and are forced to dump assets. The trouble spreads to major Wall Street firms such as Merrill Lynch, JPMorgan Chase, Citigroup and Goldman Sachs which had loaned the firms money. July 2007: Investment bank Bear Stearns tells investors they will get little, if any, of the money invested in two of its hedge funds after rival banks refuse to help it bail them out. Thursday, August 9, 2007: Investment bank BNP Paribas tells investors they will not be able to take money out of two of its funds because it cannot value the assets in them, owing to a "complete evaporation of liquidity" in the market. The European Central Bank pumps €95bn (£63bn) into the banking market to try to improve liquidity. It adds a further €108.7bn over the next few days. The US Federal Reserve, the Bank of Canada and the Bank of Japan also begin to intervene. Friday, August 17, 2007: The Fed cuts the rate at which it lends to banks by half of a percentage point to 5.75%, warning the credit crunch could be a risk to economic growth. -
Exhibit 83: Expert Report of Patricia A. Mccoy Previously Filed Under Seal (Docket No
Case 1:12-cv-07667-VEC-GWG Document 187-83 Filed 10/23/14 Page 1 of 73 Exhibit 83: Expert Report of Patricia A. McCoy Previously filed under seal (Docket No. 130) Case 1:12-cv-07667-VEC-GWG Document 187-83 Filed 10/23/14 Page 2 of 73 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Beverly Adkins, et al., ) ) Plaintiff, ) ) vs. ) Civil Action No. ) 1:12-cv-7667-VEC Morgan Stanley, et al., ) ) Defendants. ) EXPERT OPINION OF PATRICIA A. McCOY IN SUPPORT OF CLASS CERTIFICATION Table of Contents UNITED STATES DISTRICT COURT ........................................................................................ 1 I. Basis Of Expert Opinion And Compensation ......................................................................... 3 II. Expert Qualifications .............................................................................................................. 4 III. Background ......................................................................................................................... 6 IV. Opinion ............................................................................................................................... 7 A. Combined-Risk Loans Presented Heightened Risk Of Default And Foreclosure .............. 7 B. During the Housing Bubble, Morgan Stanley Staked Its Growth On Mortgage-Backed Securitization And Needed A Continuous Supply Of Combined-Risk New Century Loans To Sustain And Expand That Growth ............................................................................................ 16 C. Morgan -
Understanding the Securitization of Subprime Mortgage Credit
Federal Reserve Bank of New York Staff Reports Understanding the Securitization of Subprime Mortgage Credit Adam B. Ashcraft Til Schuermann Staff Report no. 318 March 2008 This paper presents preliminary findings and is being distributed to economists and other interested readers solely to stimulate discussion and elicit comments. The views expressed in the paper are those of the authors and are not necessarily reflective of views at the Federal Reserve Bank of New York or the Federal Reserve System. Any errors or omissions are the responsibility of the authors. Understanding the Securitization of Subprime Mortgage Credit Adam B. Ashcraft and Til Schuermann Federal Reserve Bank of New York Staff Reports, no. 318 March 2008 JEL classification: G24, G28 Abstract In this paper, we provide an overview of the subprime mortgage securitization process and the seven key informational frictions that arise. We discuss the ways that market participants work to minimize these frictions and speculate on how this process broke down. We continue with a complete picture of the subprime borrower and the subprime loan, discussing both predatory borrowing and predatory lending. We present the key structural features of a typical subprime securitization, document how rating agencies assign credit ratings to mortgage-backed securities, and outline how these agencies monitor the performance of mortgage pools over time. Throughout the paper, we draw upon the example of a mortgage pool securitized by New Century Financial during 2006. Key words: subprime mortgage credit, securitization, rating agencies, principal agent, moral hazard Ashcraft: Federal Reserve Bank of New York (e-mail: [email protected]). -
The Enforcers & the Great Recession
TOTTEN.36.5.1 (Do Not Delete) 6/7/2015 12:34 PM THE ENFORCERS & THE GREAT RECESSION Mark Totten† No one played a more vital role responding to the worst economic crisis since the Great Depression than a small band of state attorneys general (AGs). Yet this story has never been told nor its implications considered. For more than a decade these AGs brought enforcement actions across the residential mortgage lending industry, reaching the origination, servicing, and securitization processes. From roughly 2000 to 2008, they targeted several of the largest subprime lenders for predatory and discriminatory lending. And they moved in the face of federal inaction—at times, even opposition. With the economic crisis everywhere visible by early 2009, they turned toward abuses in mortgage servicing and securitization. While they often collaborated with their federal counterparts during this time period, these AGs continued to lead and shape the enforcement agenda. This narrative demonstrates that states are integral to the task of consumer financial protection. Congress was right to empower states in the Dodd-Frank Act of 2010 by scaling back preemption and giving the AGs concurrent enforcement powers. The AGs not only serve as a stopgap when federal regulators fail to act, but they also alter the quality of enforcement in positive ways not replicated by even engaged federal regulators. The marks of AG enforcement include information advantages, agility, a remedial focus, resistance to capture, and entrepreneurialism. Moreover, these events also suggest a new enforcement model in the area of consumer protection that may sometimes prove more efficient than earlier approaches: the multigovernment, multiagency action. -
The Industrial Organization of the U.S. Residential Mortgage Market
arfe6Wallace ARI 20 October 2014 10:39 The Industrial Organization of the US Residential Mortgage Market Richard Stanton, Johan Walden, and Nancy Wallace Haas School of Business, University of California, Berkeley, California 94720; email: [email protected], [email protected], wallace@haas. berkeley.edu Annu. Rev. Financ. Econ. 2014. 6:19.1–19.30 Keywords The Annual Review of Financial Economics is mortgage, securitization, network online at financial.annualreviews.org This article’s doi: Abstract 10.1146/annurev-financial-110613-034324 We show that the US residential single-family mortgage-origination Copyright © 2014 by Annual Reviews. market is highly concentrated once account is taken of the contractual All rights reserved coordination that arises from the correspondent- and warehouse- JEL code: G21 funding channels. We represent these channels as a network, using the flow of loans through three strata of the loan origination market: origination, aggregation, and securitization. We develop a network representation of the origination market and demonstrate that it is a small world, in that most nodes are close in the network. We then rank-order the interlinked aggregators and securitizers using ex post mortgage foreclosure rates as a proxy for performance. Our findings suggest that these significant interlinkages in the mortgage-origination network represent a previously underappreciated source of systemic risk. Many apparently atomistic mortgage underwriters are, in fact, coordinated to act in parallel because of their funding relationships with the large, too-big-to-fail bank holding companies. 19.1 arfe6Wallace ARI 20 October 2014 10:39 1. INTRODUCTION The US residential single-family mortgage market is large in terms of the number of employees and the dollar volume of annual mortgage origination. -
Complaint.Pdf
BOSTON MORTGAGE SECURITIES CORP.; CWABS, INC.; CWALT, INC.; FBR SECURITIZATION, INC.; FIELDSTONE MORTGAGE INVESTMENT CORPORATION; FINANCIAL ASSET SECURITIES CORP.; FREMONT MORTGAGE SECURITIES CORPORATION; GS MORTGAGE SECURITIES CORP.; HSI ASSET SECURITIZATION CORPORATION; J.P. MORGAN ACCEPTANCE CORPORATION I; LONG BEACH SECURITIES CORP.; MERRILL LYNCH MORTGAGE INVESTORS, INC.; MORGAN STANLEY ABS CAPITAL I INC.; MORGAN STANLEY CAPITAL I INC.; MORTGAGE ASSET SECURITIZATION TRANSACTIONS, INC.; NATIONSTAR FUNDING LLC; NEW CENTURY MORTGAGE SECURITIES LLC; NEW CENTURY MORTGAGE SECURITIES, INC.; NOVASTAR MORTGAGE FUNDING CORPORATION; PARK PLACE SECURITIES, INC.; PEOPLE’S CHOICE HOME LOAN SECURITIES CORP.; POPULAR ABS, INC.; RESIDENTIAL ACCREDIT LOANS, INC.; RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC.; RESIDENTIAL ASSET SECURITIES CORPORATION; SACO I INC.; SAXON ASSET SECURITIES COMPANY; SECURITIZED ASSET BACKED RECEIVABLES LLC; STANWICH ASSET ACCEPTANCE COMPANY, L.L.C.; STRUCTURED ASSET MORTGAGE INVESTMENTS II INC.; and WASHINGTON MUTUAL MORTGAGE SECURITIES CORP. Defendants. TABLE OF CONTENTS Page I. NATURE OF THE ACTION ..............................................................................................1 II. JURISDICTION AND VENUE ..........................................................................................3 III. THE PARTIES.....................................................................................................................3 a. Plaintiff ....................................................................................................................3