SEC Enforcement Actions Addressing Misconduct That Ledto or Arose From the Financial Crisis

Concealed from investors
risks, terms, and improper pricing
in CDOs and other complex structured products:
in CDOs and other complex structured products:
Citigroup - SEC charged Citigroup's principal U.S. broker-dealer subsidiary with misleading investors about a $1 billion CDO tied to the housing market in which Citigroup bet against investors as the housing market showed signs of distress. The proposed settlement would require a payment of $285 million by Citigroup that would be returned to harmed investors. (10/19/11)
Goldman Sachs - SEC charged the firm with defrauding investors by misstating and omitting key facts about a financial product tied to subprime mortgages as the U.S. housing market was beginning to falter. (4/16/10)
o
Goldman Settled
Charges - Firm agreed to pay record penalty in $550 million
settlement and reform its business practices. (7/15/10)



o RBC Capital Markets - SEC charged the firm for misconduct in the sale of unsuitable CDO investments to five Wisconsin school districts. The firm settled the charges by paying $30.4 million to be distributed to the school districts through a Fair Fund. (9/27/11)

Made misleading
disclosures to investors
about mortgage-related risks and exposure:
about mortgage-related risks and exposure:
American Home Mortgage - SEC charged executives with accounting fraud and misleading investors about the company's deteriorating financial condition as the subprime crisis emerged. Former CEO settled charges by paying $2.45 million and agreeing to five-year officer and director bar. (4/28/09)
BankAtlantic - SEC charged the holding company for one of Florida's largest banks and CEO Alan Levan with misleading investors about growing problems in one of its significant loan portfolios early in the financial crisis. (1/18/12)

o
Mozilo Settled
Charges - Agreed to record $22.5 million penalty and permanent
officer and director bar. (10/15/10)
Franklin Bank
- SEC charged two top executives with securities fraud for misleading investors
about increasing delinquencies in its single-family mortgage and residential
construction loan portfolios at the height of the financial crisis. (4/5/12) 


Concealed the extent of
risky mortgage-related and other investments
in mutual funds and other financial products:
in mutual funds and other financial products:

Evergreen - SEC charged the firm with overstating the value of a mutual fund invested primarily in mortgage-backed securities and only selectively telling shareholders about the fund's valuation problems. Firm settled charges by paying more than $40 million, most of which was returned to harmed investors. (6/8/09)

OppenheimerFunds - SEC charged the investment management company and its sales distribution arm for misleading statements about two of its mutual funds that had substantial exposure to commercial mortgage-backed securities during the midst of the credit crisis in late 2008. (6/6/12)

State Street - SEC charged the firm with misleading investors about exposure to subprime investments while selectively disclosing more complete information to specific investors. State Street agreed to repay investors more than $300 million to settle the charges. (2/4/10)
o
Two Former State
Street Employees Charged - Accused of misleading investors about
exposure to subprime investments. (9/30/10)
TD Ameritrade
- SEC charged the firm with failing to supervise representatives who
mischaracterized the Reserve Fund as safe as cash and failed to disclose risks
when offering the investment to customers. Firm settled charges by agreeing to
repay $10 million to certain fund investors. (2/3/11)
Others
o
Former CEO
Settled Charges - The sixth executive agreed to an officer and
director bar and financial penalty. (9/8/11)
Brookstreet
- SEC charged the firm and its CEO with defrauding customers in its sales of
risky mortgage-backed securities. (12/8/09)
o
Judge Orders
Brookstreet CEO to Pay $10 Million Penalty - Stanley Brooks and
Brookstreet Securities ordered to pay $10,010,000 penalty and $110,713.31 in
disgorgement and prejudgment interest. (3/2/12)
Brookstreet
Brokers Charged - SEC charged 10 Brookstreet brokers with making
misrepresentations to investors in sale of risky CMOs. (5/28/09) Colonial Bank and Taylor, Bean & Whitaker (TBW) - SEC charged executives at the bank and the major mortgage lender for orchestrating $1.5 billion scheme with fabricated or impaired mortgage loans and securities, and attempting to scam the TARP program.
o
Lee Farkas,
Chairman of TBW (6/16/10)
Catherine
Kissick, Vice President at Colonial Bank (3/2/11)
o
Teresa Kelly,
Supervisor at Colonial Bank (3/16/11)
Paul Allen,
CEO of TBW (6/17/11)
o
SEC charged
former bank executive with misleading the bank's independent
auditors regarding risks the bank faced on certain outstanding loans. (3/27/12)
Key Statistics (through
June 6, 2012)
Number
of Entities and Individuals Charged
|
104
|
Number
of CEOs, CFOs, and Other Senior Corporate Officers Charged
|
55
|
Number
of Individuals Who Have Received Officer and Director Bars, Industry Bars, or
Commission Suspensions
|
25
|
Penalties
Ordered or Agreed To
|
> $1.27 billion
|
Disgorgement
and Prejudgment Interest Ordered or Agreed To
|
> $424 million
|
Additional
Monetary Relief Obtained for Harmed Investors
|
$355 million*
|
Total
Penalties, Disgorgement, and Other Monetary Relief
|
$2 billion
|
* In settlements with Evergreen, J.P. Morgan, State Street, and
TD Ameritrade
http://www.sec.gov/spotlight/enf-actions-fc.shtml