Compliance
New York Settles $30 Billion Suit With UBS, Citi

The New York Attorney General and America’s Securities Exchange
Commission has laid to rest the case that resulted in financial
firms
UBS and
Citigroup agreeing to pay nearly $30 billion to tens of
thousands of customers who invested in auction rate
securities.
UBS agreed to pay $22.7 billion and Citigroup $7 billion to
clients who invested in ARS before the market for those
securities froze in February.
“Today’s settlements are the largest in SEC history, and
represent the largest return of customer money in the agency’s 75
years,” said SEC Chairman
Christopher Cox.
The SEC charged that both firms misled investors regarding the
liquidity risks associated with auction rate securities that they
underwrote, marketed and sold.
Other ARS settlements agreed to in principle this year included
Bank of America, RBC Capital Markets,
Merrill Lynch and
Wachovia.
According to the SEC’s complaints, in late 2007 and early 2008,
UBS and Citi knew that the ARS market was deteriorating, causing
the firms to have to purchase additional inventory to prevent
failed auctions.
The SEC said Citi and UBS failed to make their customers aware of
these risks and in mid-February decided to stop supporting the
ARS market, leaving “tens of thousands of Citi and UBS customers
holding tens of billions of dollars in illiquid ARS”, the SEC
said in a statement.
The SEC also stated both firms may face the prospect of
additional financial penalties. After the buy back periods are
substantially complete, the SEC said it may consider imposing a
financial penalty against Citi and/or UBS based on whether the
respective firms have fulfilled their obligations under its
settlement agreement.
“This is a historic victory for these investors, who have
generally been so hard hit in recent months,” said New York
Attorney General
Andrew Cuomo.
“Not only are we returning liquidity to these investors, we are
also restoring investor faith in their ability to invest with the
assurance that authorities will protect their interests,” he said
in a statement.