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Firms settle auction-rate probes; but more to come

Thu Aug 21, 2008 7:54pm EDT
 
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NEW YORK (Reuters) - Three of Wall Street's top investment banks agreed to pay millions of dollars in fines and buy back billions of dollars in frozen, illiquid securities after U.S. regulators reached settlements over the way the firms sold auction-rate securities.

Despite the settlements, the industrywide investigation into auction-rate securities looks far from over as regulators said that, starting next week, they will review about 40 firms' practices, sources familiar with the investigation said.

In Thursday's settlement, New York Attorney General Andrew Cuomo said Merrill Lynch & Co Inc (MER.N: Quote, Profile, Research, Stock Buzz), Deutsche Bank AG (DBKGn.DE: Quote, Profile, Research, Stock Buzz) and Goldman Sachs Group Inc (GS.N: Quote, Profile, Research, Stock Buzz) have agreed to the settlement.

The banks agreed to pay the fines and buy back securities from investors who were left holding the notes earlier this year when the auction rate market collapsed.

As part of Cuomo's settlement, Merrill will pay a fine of $125 million and buy back between $10 billion and $12 billion in securities from investors. Goldman Sachs will pay a $22.5 million fine and buy back about $1.5 billion in auction rate notes, while Deutsche Bank will pay a $15 million penalty and buy back about $1 billion of notes.

"After meeting personally today with Attorney General Cuomo and NASAA President (Karen) Tyler, I am pleased to report that we have reached an amicable resolution and global settlement of this matter," Merrill Chief Executive John Thain said in a statement.

Cuomo said Merrill's penalty and the terms of the settlement took into account evidence of conflicted research at the bank.

"Part of our theory on the case dealt with Merrill's research," he said.

Cuomo said Merrill's settlement is separate from an agreement the firm made earlier with Massachusetts' top securities regulator, William Galvin.

MORE TO COME

While the New York settlement represents the biggest money payouts to date, more investigations will be starting soon.

Attorneys and investigators will be undertaking the on-site review for the 40 firms during the weeks of August 25 and September 8 to target firms with large amounts of auction rate securities in accounts.

The probe to enforce the rules of the Financial Industry Regulatory Authority -- the group formed following the merger of the regulatory arms of the National Association of Securities Dealers and the New York Stock Exchange -- comes as authorities nationwide are pressing the big investment banks into settlements.

Regulators say brokerages misled investors into believing that auction-rate debt, which has rates that reset in periodic auctions, was safe and the equivalent of cash.

Much of the $330 billion market has been frozen since February when brokerages abandoned their traditional role as buyers of last resort.

A letter to the firms from FINRA and obtained by Reuters said the investigators were asking firms to provide electronic lists of auction rate securities issues, auction failures and identify employees on their auction rate securities desks.  Continued...

 
A customer looks at televisions for sale at a store which buys and sells second-hand items in Madrid October 9, 2008. REUTERS/Andrea Comas
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