This week, state investigators from Massachusetts and New York revealed more pieces of the scam that was the $330 billion ARS market. Up until this week, it had been known that UBS AG (NYSE: UBS) had told its brokers to dump this toxic waste on its so-called private clients -- individual investors -- to keep UBS from needing to write it off from its own books.
But this week we learned that banks had been colluding for as long as two years to prop up the weekly auctions that were supposed to set the rates on these securities. It looked like there was good evidence that the banks were committing securities fraud when they sold ARS on the premise that they were cash-like and offered slightly higher yields than money market funds. Why the fraud? Because, their internal e-mails and behavior revealed that they were desperate to get rid of the toxic waste.
Moreover, those e-mails show that the banks' claim that the auctions suddenly failed in February 2008 is another fraud. As I posted, Merrill Lynch & Co. (NYSE: MER) e-mails reveal that the auctions started failing in January 2006. And it was public knowledge, according to Financial Week, that ARS auctions were failing last September -- 60 such auctions failed to the tune of $6 billion.
As early as 2005, the writing was on the wall for the ARS market. That's when accounting firms moved to reclassify them from "cash equivalents to short-term investments." That matters because when companies found they could not treat them as cash equivalents, they stopped showing up at the auctions. And in 2006, the SEC fined 15 broker-dealers for intervening in the bidding process -- in other words, the brokers took the place of customers in supporting the auctions.
With the credit crunch that began a year ago, these brokers could no longer afford to prop up the auctions. So it comes as no surprise that the brokers shared information with each other and decided whether they would collectively continue to support these auctions. The failure to support them was amply in evidence in an e-mail from former general counsel to the Treasury Department and current general counsel for UBS's investment-banking arm, David Aufhauser, according to the Wall Street Journal (subscription required).
Aufhauser received an e-mail from Merrill's chief risk officer (CRO) on December 14, 2007 at 3:38 pm, which suggests that the industry was deciding that the time was over for propping up the ARS market. The Journal reports that the CRO's e-mail said: "Watch our competitors closely; if they stop supporting auctions, we have much better freedom to stop [supporting auctions]."
This prompted Aufhauser to use his material inside information about the collapse of the auctions to get out of his ARS holdings. About three hours later, at 6:29 pm, he sent an e-mail to his financial advisor saying, "I want to get out of arcs [Auction Rate Certificates]. Let's talk on Monday." The Journal reports that Aufhauser sold $250,000 of the securities, his entire holding, between December 18 and December 21.
This was two months before the ARS market officially froze up. So UBS was among those firms that sold ARS fraudulently and misled the public as to its awareness of when the auctions began to fail. Was it also among those brokers that colluded in the collapse of the market? If so, its executives were able to profit -- $21 million worth to be exact -- from that collusion by dumping their ARS on an unsuspecting public before closing down the bidding.
If you want a government that allows such practices to flourish, vote for the candidate whose former chief economic advisor, Phil "Americans Are Whiners" Gramm, is a UBS vice chairman.
Peter Cohan is President of Peter S. Cohan & Associates. He also teaches management at Babson College and edits The Cohan Letter











Reader Comments (Page 1 of 1)
8-03-2008 @ 11:38AM
Carl said...
Big deal, a few billion of fraud here, a few billion there....
And they screwed their BEST CUSTOMERS to boot !!!!!
This is why none of the regulating agencies are effective in curtailing such ILLEGAL behavior.
Haul the asses of these scumbags to jail for 10+ years. They are no different from a common bank robber with the exception of writing a note. Instead they used email.
Who says white collar crime doesn't pay never scored $20 million or so !!!!!!
8-03-2008 @ 12:18PM
Titanic said...
We are a country that is becomming a disgrace unto itself. The most dangerous phrases to believe, whether oral or written 'TRUST ME." or
something equivlent. IF QUESTIONS PROVOKE INDIGNATION, BEWARE1
8-03-2008 @ 12:59PM
Serge Birbrair said...
Carl, I disagree, they are NOT regular robbers, the regular robbers
1) don't rob the bank for $330 billions
2) get away with it
They are worse and the worst part is:
for every one jailed (if any) 100 more will take their place.
http://sergebirbrair.com/UBS.html
8-03-2008 @ 3:10PM
midiandsfx said...
http://www.solari.com/news/announcements/08-07-07/
In 1995, a senior Clinton Administration official shared with me the Administration's targets for Fannie Mae and Freddie Mac mortgage volumes in low- and moderate-income communities. We had recently reviewed the Administration’s plans to increase government mortgage guarantees — most of these mortgages would also be pooled and sold as securities to investors. Even in 1995, I could see that these plans would create unserviceable debt loads in communities struggling with the falling incomes expected from globalization. Homeowners would default on mortgages while losses on mortgage-backed securities would drain retirement savings from 401(k)s and pension plans. Taxpayers would ultimately be hit with a large bill . . . but insiders would make a bundle.
I looked at the official and said that the Administration was planning on issuing more mortgages than there were houses or residents. “Shut up, this is none of your business,” the official snapped back.
Recently, we have seen numerous press accounts of bank and hedge fund losses from sub-prime mortgages. Remarkably, these reports imply that the losses are the result of a market downturn or contracting credit cycle. But there has been no mention of the extraordinary profits that were generated or who reaped them. There is no mention of who is poised to make a fortune on the bubble collapse. Even the most sophisticated commentators of our day are describing this financial coup d'etat as the unintentional consequence of "market forces."
To help the Solari network survive and thrive, I have written and spoken about the intentional engineering of the U.S. housing bubble and its ramifications for Americans and global investors. "Do not attempt to cure what you do not understand" is our motto for navigating the gathering storm. As we work to mitigate investment losses in the mortgage market and the harm done to communities through the fraudulent inducement of debt, we are well served to understand what has happened, who is benefiting, and why. The following resources will help.
— Catherine Austin Fitts
Director and member of the Board of Wall Street investment bank Dillon Read & Co. Inc., Assistant Secretary of Housing - Federal Housing Commissioner in the first Bush Administration and President of Hamilton Securities Group, a Washington DC investment bank.
About her: http://www.solari.com/blog/?page_id=2
8-03-2008 @ 5:58PM
KEN said...
GRAB YOUR CASH IT S GONNA CRASH DO DA DO DA BROKER S STEALIN ALL YOUR CASH DO DA DO DA DAY STEALIN IT TODAY STEALIN IT TONIGHT GRAB YOUR CASH IT S GONNA CRASH DO DA DO DA DAY $$$$$$$ HEY $$$$$$$$$$$ EVERYBODY SING$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$ BACKTOTOP$$$$$$$$$$$$$$$$$$$$$$$$$$$$$HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA
8-05-2008 @ 1:41AM
Athelstan said...
Now let me get this straight. Taxpayers need credit to buy homes, for personal reasons, and for businesses to get started and to expand, but the banks won't lend because the bankers don't know how deep is the well of worthless investments they're holding on their books? Furthermore, the Federal Reserve opened the "discount window" not once, but several times from which to borrow funds at 2.25%.
Very nice terms which we the people can't get . So, in effect, the banks are using our money. are they not?
Now along comes Henry Paulson our gallant Treasury Secretary and lashes the entire nation, via the Fed, to buying equity in failing banks (not buying equity in private American failing businesses and individuals, right? Just failing U.S. banks.)
Got that terrible sickly feeling you've been had?? Got that equally sickly feeling the entire banking system has claims against the pocketbooks of the American people?
Short of the Libertarian Party's solution to close the Federal Reserve Bank, I propose closing the banks. Prosecute the bankers vigorously which the SEC and Fed have not done to date. Seize their assets --our money given to them by Ben Bernanke--and create The National Federal Reserve Bank of America. Any bank which doesn't wish to remain in the Federal Reserve System can opt out and function in a manner similar to British or European private banks. All future loans to this Federal Reserve Bank and to all private banks opting for the private bank status will receive funds from a consortium of bankers involving equity holders, bank share holders, and bonds issued by the reconstituted Federal Reserve Bank. This consortium would be called by the Nation's banks to meet crises, or a sudden rash of bank failures. In effect, this is return to the system in use at the time of the 1907 panic.
The American people should not tethered to the private banking facilities as they are chartered now.
Allan Greenspan is right, Freddie and Fannie are accidents waiting to happen. So is the entire banking system an accident waiting to happen. Stop America. We need to get off this fast moving train heading for a collision.