Thursday, January 31, 2013

Reuters: Regulatory News: Ex-Countrywide exec added as defendant in BofA fraud lawsuit

Reuters: Regulatory News
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Ex-Countrywide exec added as defendant in BofA fraud lawsuit
Jan 31st 2013, 19:59

By Nate Raymond

NEW YORK | Thu Jan 31, 2013 2:59pm EST

NEW YORK Jan 31 (Reuters) - The U.S. Justice Department has added a former top executive at Countrywide Financial Corp as a defendant in a lawsuit accusing Bank of America Corp of causing taxpayers $1 billion in losses to Fannie Mae and Freddie Mac.

Rebecca Mairone was added as a defendant in an amended civil lawsuit dated Jan. 11 and filed in U.S. District Court in New York. The filing was not made available in electronic court records until later in the month.

The complaint says it was at Mairone's direction that the bank implemented a program to speed up the processing of home loans and remove barriers intended to ensure loans are not tainted by fraud. The program was known internally at Countrywide as the "Hustle," the Justice Department said in the complaint.

Mairone is now a managing director at JPMorgan Chase & Co . In a statement on Thursday, her lawyer said the government "has trumped up a meritless civil case."

"Rebecca Mairone has always been a loud voice for ethics and integrity in the mortgage business and she will be vindicated because she never did anything improper," said Marc Mukasey, of law firm Bracewell & Giuliani.

A spokeswoman for U.S. Attorney Preet Bharara declined comment.

The new complaint was first reported by The Huffington Post.

The original complaint was filed in October. It accused Bank of America and Countrywide of engaging in a scheme to defraud Fannie and Freddie through its sale of toxic mortgage loans to the two mortgage financing entities. Both Fannie and Freddie were taken into government conservatorship in 2008.

Mairone was the chief operating officer for a Countrywide lending division from 2007 to 2008. She continued to be employed at Bank of America after it bought Countrywide in 2008, the complaint said.

Under her, Countrywide implemented the "Hustle" program, at a time when loan default rates nationally were climbing and Fannie and Freddie were tightening their standards for buying loans, according to the complaint.

Mairone and other Countrywide executives were "repeatedly warned" by employees that the program would generate excessive amounts of fraudulent or defective loans ineligible for sale to Fannie and Freddie, the complaint said.

The complaint seeks unspecified civil penalties against Mairone under the Financial Institutions Reform, Recovery, and Enforcement Act. The law was passed in the wake of the 1980s savings-and-loan scandals and covers fraud affecting federally insured financial institutions.

Lawrence Grayson, a spokesman for Bank of America, said the bank viewed the government's latest legal theories in the new complaint as "equally unfounded" as the original ones. Bank of America has sought to have the case against it dismissed.

Grayson said that "neither Bank of America nor Countrywide defrauded Fannie Mae or Freddie Mac."

The case is U.S. ex rel. O'Donnell v. Bank of America Corp et al, U.S, District Court, Southern District of New York, No. 12-01422.

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Reuters: Regulatory News: Italy watchdog to meet Saipem on Monday on profit warning-source

Reuters: Regulatory News
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Italy watchdog to meet Saipem on Monday on profit warning-source
Jan 31st 2013, 20:27

MILAN | Thu Jan 31, 2013 3:27pm EST

MILAN Jan 31 (Reuters) - Italian market regulator Consob will meet with Saipem's management on Monday over a profit warning that sent shares of the oil field services group plunging to a three-year low, a source close to Consob said on Thursday.

"Consob has asked Saipem management to meet on Monday to discuss the profit warning," the source told Reuters.

After the market closed on Tuesday, Saipem said 2013 profit would fall 80 percent because of lower margins on new contracts and fewer existing high-margin contracts.

The day after the warning, Saipem shares fell 34 percent on to 19.9 euros. Some traders said Bank of America-Merrill Lynch , just a day before the warning, had sold 2.3 percent of the company for 30.65 euros per share.

Saipem and Merrill Lynch have declined to comment on the share placement.

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Reuters: Regulatory News: Fannie, Freddie extend relief to borrowers hit by Superstorm Sandy

Reuters: Regulatory News
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Fannie, Freddie extend relief to borrowers hit by Superstorm Sandy
Jan 31st 2013, 20:07

WASHINGTON | Thu Jan 31, 2013 3:07pm EST

WASHINGTON Jan 31 (Reuters) - Government-backed housing giants Fannie Mae and Freddie Mac and the Federal Housing Administration on Thursday extended their disaster-relief policies to borrowers whose homes were damaged by Superstorm Sandy.

The aid applies to property owners living along the eastern United States, mainly in nine states and the District of Columbia that have been declared disaster areas by President Barack Obama.

Millions of people were left reeling in the aftermath of the super storm that made landfall in late October and resulted in flooding, wide-spread power outages and deaths.

"It's all too clear that families need more time to get back on their feet without having a foreclosure or eviction hanging over their heads," said U.S. Housing and Urban Development Secretary Shaun Donovan. "We'll do everything we can to ease the crushing burden being faced by those homeowners."

Donovan was appointed by Obama to lead rebuilding efforts in those cities and states ravaged by the historic storm. The announcement was made in conjunction with Fannie Mae and Freddie Mac's regulator, the Federal Housing Finance Agency.

For those impacted borrowers with Fannie Mae and Freddie Mac-backed loans, they will have a new 90-day extension to suspend foreclosure sales or eviction lockouts.

The government-backed mortgage lenders are also allowing servicers to offer forbearance, which lets a borrower reduce or suspend payments on a loan for a specific amount of time, or to offer loan modifications or waive late fees against borrowers with disaster-damaged homes or jobs within the impacted areas.

Fannie and Freddie, the two largest sources of housing money, were taken over by the government in September 2008 during the financial crisis.

The government-controlled companies do not directly make loans. Instead, they buy mortgages from lenders and repackage them as securities for investors.

The Federal Housing Administration, the government-mortgage insurer that mainly supports low and moderate income borrowers, will extend the moratorium for another 90 days on the initiation of foreclosures and those home seizures already in process.

Those in storm damaged areas with FHA loans will also have evictions suspended through April 30.

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Reuters: Regulatory News: UPDATE 1-Wall Street vs commodity traders at US swaps hearing

Reuters: Regulatory News
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UPDATE 1-Wall Street vs commodity traders at US swaps hearing
Jan 31st 2013, 19:13

Thu Jan 31, 2013 2:13pm EST

  * CFTC writing rules for swaps for first time      * Banks complain that new rules favor futures      * Exchanges have launched new products to move clients out  of swaps          By Douwe Miedema      WASHINGTON, Jan 31 (Reuters) - Wall Street banks and Chicago  commodity traders on Thursday traded blows before the top U.S.  derivatives regulator on whether new rules for swaps unduly  favor one or the other of the two groups.      The Commodity Futures Trading Commission is drawing up rules  for swaps, which are speculative financial instruments that were  unregulated at the time of the 2007-09 crisis and were widely  blamed for exacerbating it.      Investment banks, which dominate the $650 trillion swaps  market, worry clients will stop using swaps and turn to futures  instead because while similar, the new rules have made futures  cheaper.       But at a public hearing, CFTC Chairman Gary Gensler, a  Democrat, did not seem overly concerned that rules being written  by the regulatory staff will bring about changes in financial  markets.      "Approximately eight-ninths of the derivatives market place  (is) swaps and until recently was unregulated. Now we bring  regulation to both sides, is it not just natural there might be  some realignment?" said Gensler.      He addressed a full room that included many industry  representatives, while others watched the debate on screens in  an adjacent corridor, underscoring the wide interest.      Swaps are often traded over the phone in bilateral deals,  with a small group of so-called dealers, including Citigroup  , Bank of America and JPMorgan Chase & Co   having the vast majority of the market.      These banks often trade with each other through brokers such  as ICAP and Tullett Prebon, who are outspoken  critics of the CFTC's rules.             FUTURE OF SWAPS      Under the CFTC's new rules required by the Dodd-Frank law  overhauling the financial industry, trading needs to move to  exchange-like platforms, with clearing houses standing between  buyers and sellers, and data must be reported publicly.      One of the topics under debate is the bigger amount of  collateral, or margin, that market parties need to set aside as  safety buffers when trading swaps.      Futures and options have a one-day margin period, which  means that counterparties ask for enough collateral to be set  aside to withstand one day of market swings.      For cleared swaps, the margin requirement is five times as  high and for uncleared swaps, it is 10 days, making these  instruments far more costly to trade.      It is also easier to delay data reporting in futures than it  is for swaps through so-called large block trades. These may be  hidden from sight for some time, allowing market parties to  trade without showing their hand.      Ironically, swap industry participants, whose markets have  long been unregulated, have now started to say that with tougher  rules for swaps, a flight into futures would mean less strict  regulation and could lead to increased risks to the financial  system.      Such remarks did not go down well with representatives of  the futures industry.      The suggestion that futures are less regulated "is just  unacceptable to have to listen to," said an agitated-sounding  Bryan Durkin, chief operating officer at CME, the  world's largest futures exchange.      CFTC Commissioner Bart Chilton concurred, saying swaps had  been at the center of the worst financial crisis since the  1930s.      "It's not all bad that some of these swaps are becoming  futures... Swaps were part of the problem and so it doesn't  bother me that we see some of the futurisation," Chilton said,  speaking to the conference over the phone.      Half of the respondents in a recent study by UBS   said they were more likely to use futures instead of swaps  because of the new rules, up from just 18 percent in the  previous study in March 2011.      In October, the IntercontinentalExchange changed its  energy swaps products to futures to avoid the increased  regulatory burden.       Futures exchanges, such as the CME Group, and much-smaller  rival Eris Exchange have launched products that promise the same  features as swaps at a far lower cost, stepping into the  opportunity created by the new rules.      The meeting is timely because the CFTC is finalizing rules  for exchange-like trading platforms for swaps - known as Swap  Execution Facilities - the details of which will determine how  costly swaps trading is.      "It's critical that we complete these rules. The commission  is close to that, and hopefully we can do that in February,"  Gensler told the meeting.  
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Reuters: Regulatory News: UPDATE 1-Venezuela eases access to dollars for business

Reuters: Regulatory News
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UPDATE 1-Venezuela eases access to dollars for business
Jan 31st 2013, 19:38

Thu Jan 31, 2013 2:38pm EST

* Business leaders complain over delays and red tape

* Government intent on shunning near-term devaluation

By Eyanir Chinea and Pablo Garibian

CARACAS, Jan 31 (Reuters) - Venezuela's government on Thursday introduced measures to streamline access to dollars for a private sector that frequently complains of shortages of hard currency to buy imports, which business leaders say hurts the economy.

In a decree published in the Official Gazette, the authorities said it would be easier for businesses to cut red tape in applying for up to $50,000 a time for the purchase of raw materials and certain types of machinery.

The decree was the latest of several moves by a government that looks intent on avoiding or delaying a politically painful devaluation while President Hugo Chavez recuperates in Cuba after cancer surgery in December.

The new measure, which takes immediate effect, scraps a requirement of businesses to certify that goods they seek to import cannot be produced in Venezuela, or that there is a shortage of them in the country. The paperwork needed proved hard to obtain for many importers.

Business leaders say they sometimes have to wait up to six months for dollars in Venezuela, which enforces a particularly complex multi-tiered currency control system, and it was not immediately clear how much impact the new rules would have.

Jorge Botti, head of Fedecamaras, the country's main business chamber, cautiously welcomed the latest move and said it could help relieve the pressure for the government to order a devaluation in the short-term.

"It looks very good to me and points coherently in the direction that we want to go," Botti told reporters.

A long list of items approved under the new system was published in the Gazette on Thursday, ranging from seeds and livestock to tractors and components to produce medicines.

Vice President Nicolas Maduro said last weekend that Chavez had taken a series of economic decisions to strengthen exports, stoking speculation that a currency devaluation was imminent.

OIL TAX CHANGE

The main announcement since then was on Monday, when the government said it was changing the structure of its windfall taxes on crude production so that state oil company PDVSA could provide the central bank with an extra $3 billion this year.

Analysts said that would let the central bank sell more dollars to businesses and individuals. In 2003, Venezuela imposed capital controls, which over the years have increasingly restricted access to dollars.

The change to the windfall oil tax system also means PDVSA will cut its contributions to Fonden, a controversial off-budget state investment fund, by almost $3 billion this year.

Fonden, which critics say is secretive and funnels huge amounts of money into projects with little or no oversight from lawmakers, received more than $15 billion from PDVSA last year.

"What's clear is that the money that was previously going from PDVSA to social projects will now go to strengthening the economy. That's good news. Those are signs something is going to change," said Botti, the president of Fedecamaras.

Fedecamaras complained this month about growing economic imbalances that it said had been caused by insecurity, bad policies and uncertainty over the president's prolonged absence.

Periodic shortages of products have become a fact of life under Chavez. But in Venezuela's distorted, oil-driven economy, it is the staple goods that go scarce, while luxury and niche-market items remain easy to find.

Analysts say the government is worried about the political costs of shortages and rising inflation, but appears unwilling or unable to make any major economic reforms, including a hefty devaluation, while Chavez remains hospitalized in Havana.

A devaluation would make exports more competitive by lowering local production costs and spur domestic industries by making imports less competitive with locally-produced goods.

It would improve state finances by providing more bolivars per dollar of oil exports, but would also push up inflation in a country that already has one of the highest rates in the region.

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Reuters: Regulatory News: UPDATE 1-Rome court summons Bank of Italy over Monte Paschi

Reuters: Regulatory News
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UPDATE 1-Rome court summons Bank of Italy over Monte Paschi
Jan 31st 2013, 19:30

Thu Jan 31, 2013 2:30pm EST

By Antonella Cinelli

ROME Jan 31 (Reuters) - A court in Rome has summoned Bank of Italy officials for questioning on the state bailout of Monte dei Paschi, as scandal spread over the trading that plunged the world's oldest bank into trouble.

The Tuscan bank suffered a further blow on Thursday when the Standard & Poor's agency cut its long-term credit rating deeper into "junk" territory.

The Lazio regional administrative court said in a statement that it had called Deputy Governor Fabrizio Saccomanni and Luigi Federico Signorini, the official in charge of bank supervision, to a hearing on Saturday. The central bank said they would not attend, but would be represented by counsel.

The Bank of Italy, led at the time by Mario Draghi who has gone on to head the European Central Bank, faces criticism of its supervision of the 540-year-old institution from Siena and of its role in approving a government bailout last week.

The summons to the central bankers follows a request to the court by consumer lobby Codacons to block the 3.9-billion euro ($5.3 billion) state loan approved by the Bank on Saturday.

Monte dei Paschi was left facing losses of 720 million euros ($977 million) on a series of derivative and structured finance transactions. Already badly weakened by paying 9 billion euros cash for rival Antonveneta just before the 2008 global crash, the trades appear to have been made to hide losses on that deal.

Standard & Poor's, which relegated Monte dei Paschi to junk status last December, cut its long-term credit rating on Thursday by one more notch to "BB". The agency cited concerns over potential losses from structured finance contracts, which it said revealed a risk of management weaknesses.

Regulators including the Bank of Italy are under pressure over their failure to head off the problems, despite repeated warnings dating back to at least 2009 that Monte dei Paschi's financial position risked sliding out of control.

Less than a month before a national parliamentary election on Feb. 24-25, the case has also raised questions about lose links between Monte dei Paschi and local Tuscan politicians who dominate the shareholder foundation which controls the bank.

On Thursday, Bank of Italy deputy managing director Fabio Panetta defended the central bank's handling of the case, saying: "Our oversight has been continuous and impeccable."

EUROPEAN DEFENCE

European Bank Authority chief Andrea Enria defended the Italian central bank and said the case should not raise doubts about the solidity of the Italian banking system as a whole, pointing to other scandals, including Spain's Bankia, Franco-Belgian Dexia and Britain's Royal Bank of Scotland.

"As it was for Bankia, Dexia and the Royal Bank of Scotland, when you have a case of misbehaviour the responsibility lies principally with the management that did it," Enria, who worked at the Bank of Italy in the 1990s, told reporters in Milan.

However, the affair has raised speculation over the role of ECB President Draghi, who was governor of the Bank of Italy at the time of the Antonveneta deal and in the years when the derivatives trades were set up by Monte dei Paschi.

The Bank of Italy also drew criticism over former Monte dei Paschi chairman Giuseppe Mussari, who was re-appointed head of the Italian Banking Association (ABI) even though he had already left the Siena bank in a management clear-out.

Mussari was forced to step down from the ABI only last week, and its new head, Antonio Patuelli, said the central bank had made no effort to prevent last year's re-appointment. "There was no interference of any kind by anyone," Patuelli told Reuters.

His comment underscored questions over why the Bank of Italy did not take a tougher line against the troubled bank's former management, despite knowing about serious problems.

Mussari, who left Monte dei Paschi in April last year after it emerged the bank had booked big losses on derivatives contracts, resigned from the ABI when further derivatives losses emerged.

Prosecutors in Siena, the bank's home since it was founded in 1472, are investigating allegations that massive bribes were paid to smooth the Antonveneta deal as well as possible accounting malpractice over the derivatives trades.

They have revealed little about the substance of the investigation beyond saying it is focused on former managers as well as the bank itself as an institution.

On Thursday, they interviewed Ettore Gotti Tedeschi, head of the Italian branch of Banco Santander, the former owner of Antonveneta, and Gabriello Mancini, chairman of Monte dei Paschi's main shareholder foundation.

Monte dei Paschi's managing director Antonio Vigni also quit in last year's management clear out.

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Reuters: Regulatory News: U.S. consumer bureau seeks input on bank products for students

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
U.S. consumer bureau seeks input on bank products for students
Jan 31st 2013, 17:45

WASHINGTON | Thu Jan 31, 2013 12:45pm EST

WASHINGTON Jan 31 (Reuters) - The U.S. consumer bureau said on Thursday it wants information on college and university-affiliated banking products as it seeks to better understand the types of financial services that are marketed to students.

The Consumer Financial Protection Bureau (CFPB) said it is interested in what information schools give financial firms as part of agreements to offer identification cards that double as debit cards. These cards are also used to access loans and scholarship funds, and school-sponsored bank accounts.

The bureau wants to know more about students' experiences with such services, how products are marketed and what fees are associated.

"The bureau wants to find out whether students using college-endorsed banking products are getting a good deal," Director Richard Cordray said in a statement.

Congress created the consumer bureau as part of the 2010 Dodd-Frank oversight law to help protect Americans from financial scams. The CFPB enforces a 2009 law that cracked down on the way firms market products on college campuses and made agreements between credit card companies and schools public.

But regulators do not know as much about other products that are sold to students, the bureau said on Thursday. The CFPB, which has taken an interest in students' financial situations, said it wants to gain a clearer picture of the market.

It released a report earlier this year with the U.S. Department of Education on the safety of the student loan market. After another regulator fined two firms for overcharging students for debit card accounts, the bureau released an advisory for college students on potential pitfalls of financial products.

The bureau also could potentially use the information it receives to inform other actions, such as industry guidance or new rules, if it finds widespread problems.

Students, families, colleges and financial firms have until March 18 to submit comments on those products.

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