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A Former Banker’s Push to End ‘Too Big to Fail’

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When he left Goldman Sachs to join the Treasury Department in 2006, Neel Kashkari held a worldview that played to type, The New York Times reported yesterday. “I was a free-market ideologue,” he said. Then came a huge, sudden financial crisis, and the free-market ideologue found himself sending bailouts to Wall Street in hopes of averting a second Great Depression. Now president of the Federal Reserve Bank of Minneapolis, Kashkari is no longer a free-market ideologue. “Markets can make mistakes, and sometimes those mistakes can be incredibly costly,” he said. He believes that the Dodd-Frank regulatory overhaul enacted under President Obama didn’t go far enough — and that the biggest banks may need to be broken up, which led him to create the “Ending Too Big to Fail” initiative. It hasn’t settled on recommendations for reducing the risk that bailouts would be needed during the next financial crisis, whenever it occurs, but the initiative has unsettled and confused some erstwhile Republican allies. Kashkari fears the financial sector has grown too large as a share of the economy as middle-class incomes have stagnated, but the shift in his outlook goes only so far.

State Street Nears Settlements to End Probes Into Alleged Overcharges

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State Street Corp. is nearing a deal to pay more than $500 million to end long-running investigations from federal authorities and others into allegations that the custody bank unlawfully overcharged clients on foreign currency transactions, the Wall Street Journal reported today. The settlement, which could be announced this summer, is expected to resolve claims from the U.S. Justice and Labor departments and the Securities and Exchange Commission, as well as lawsuits from clients including pension funds. The lawsuits accuse State Street of promising to execute foreign exchange trades for clients at market prices, but instead using inaccurate or fake rates that included hidden markups. The alleged overcharges occurred between 1998 and 2009, according to the lawsuits. Earlier this month, State Street said in a securities filing that it had set aside $565 million to resolve related claims. But the deal has been held up as the Justice Department and the bank work on a statement of facts that the bank will admit to.

Nightmare on Wall Street: Busted Deals Cost Banks Over $300 Million

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More than $395.4​ billion in U.S. mergers, including, most recently, Staples Inc.’s combination with Office Depot, have fallen apart in 2016, according to data provider Dealogic, felled by exacting regulators, rocky markets or ​reluctant targets​, the Wall Street Journal reported today. That will be a record even if no other deals stumble for the rest of the year.​ That is bad news for the banks that stood to make billions of dollars in fees on the M&A feast of 2015, a record-setting year of more than $4.6 trillion in announced deals. Financial advisers pocket most of their money only when deals close, which means that when deals go bust, the work they have already done goes largely unpaid. Three of the largest collapsed deals this year — Pfizer Inc.’s takeover of Allergan PLC, Halliburton Co.’s purchase of Baker Hughes and Staples’ merger with Office Depot — will cost banks more than $300 million in advisory fees, according to a review of regulatory filings. That doesn’t include potentially large fees banks aren’t legally required to disclose.

Private Lenders Remodel the Mortgage Market

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A small but growing slice of the mortgage market has shifted from mainstream banks to an informal, loosely regulated corner of property finance, the Wall Street Journal reported today. These lenders can earn 8 percent and more on their money — the catch is they must stomach the risk of lending their savings to borrowers rejected by banks. “It’s the Wild West out here,” said Corey Kohnke, who spends his days driving around Orange County, Calif., matching borrowers with investors looking to make loans, a job that pays commissions of 2 to 8 percent. Private lenders charge annual interest rates as high as triple those of a conventional 30-year fixed-rate mortgage. Some issue loans from personal fortunes and collect monthly interest payments. Others make loans and sell the note to investors. There also are private mortgage funds that pool investor money. “We can’t make loans fast enough to sell them to our investors,” said Michelle Rodriguez, general counsel for R.C. Temme Corp., and its affiliate, private lender Woodland Hills Mortgage Corp. in Los Angeles. When the firm’s salespeople call investors to market the loans, she said, “they’re snapped up within minutes. Literally, 15 minutes and they’re gone.” Read more. (Subscription required.) 

Don’t miss the “Real Estate Values Are Climbing (Again): Debtor, Watch Your Back!” session at the Southeast Bankruptcy Workshop on July 21-24 at the Ritz-Carlton in Amelia Island, Fla. Click here to register. 

JPMorgan Investor Suit Accord Is Approved by U.S. Judge

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JPMorgan Chase & Co. won a judge’s approval to pay $150 million to settle investor claims that it hid as much as $6.2 million in losses caused by a trade dubbed the London Whale, Bloomberg News reported yesterday. U.S. District Judge George Daniels in New York yesterday accepted the accord, which ended a suit brought by a group of pension funds in 2012. They accused JPMorgan of turning its London-based Chief Investment Office in London into a “secret hedge fund” that caused the losses. The accord in the class-action suit “is adequate and reasonable,” the judge said. The bank told investors that the office’s primary role was managing risk, but the lawsuit alleged it was instead engaging in risky trades to generate profits. Ohio pension funds and other plaintiffs claimed they incurred tens of millions of dollars of losses because their fund managers were given false and misleading information. Bruno Iksil, who became known as the London Whale because he amassed large, market-moving positions in credit derivatives, made the trades for the bank.

Brazil's Worsening Corporate Credit Crisis Hits Bank Earnings

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Brazil’s worsening corporate credit crisis is forcing the nation’s biggest banks to book losses they had been able to avoid until now, Bloomberg reported today. Banco Bradesco SA, the country’s second-biggest bank by market value, set aside 836 million reais ($240 million) in the first quarter to cover bad loans tied to oil-rig venture Sete Brasil Participacoes SA. Earnings fell 3.7 percent. Itau Unibanco Holding SA, the biggest Brazilian bank by market value, and Banco do Brasil SA, No. 1 by assets, may be next.  Brazilian corporations are struggling to pay back their loans as a two-year economic downturn, high interest rates, falling commodity prices and a weaker currency combine to savage profit and revenue. A worsening political crisis in which President Dilma Rousseff is fighting off an impeachment effort has paralyzed reforms intended to jump-start the economy. Rather than setting aside provisions, many Brazilian banks have been restructuring loans, which could mask rising asset risks. Such restructurings rose 37 percent at the end of 2015 from a year earlier, which may be understating loan delinquencies and overstating reserve coverage. One of the nation’s highest-level bankers called the corporate credit crisis the worst in the nation’s history as bankruptcy filings almost doubled to a record this year. Companies seeking protection from their creditors surged to 155 in February after rising 55 percent last year.

Lehman Trustee Seeks Fourth Creditor Payout

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The trustee in charge of Lehman Brothers Inc. has sought court approval to make his fourth distribution to the defunct brokerage’s unsecured creditors, boosting their recovery to 38 cents on the dollar, The Wall Street Journal reported yesterday. Trustee James Giddens said that he is close to finishing the winding down of Lehman’s broker-dealer business more than seven years after the bank collapsed. Previously, creditors’ recovery was pegged at 35 cents on the dollar. Giddens, who already has returned $7.8 billion to the brokerage’s creditors, says that he has not calculated the exact amount he expects to pay out. With $1.47 billion in the estate’s coffers, he estimates it will another 3 cents, bringing the recovery rate to 38 cents on the dollar. The trustee intends to ask Judge <b>Shelley C. Chapman</b> next month for approval for the fourth payout. If he gets the green light, checks will be mailed out in July. Further payouts would be contingent on winning or settling pending litigation, which would free up funds currently on reserve.
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Brevan Howard Said to Get $1.4 Billion Redemption Requests

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Investors in Brevan Howard Asset Management have asked to pull about $1.4 billion from the firm’s main hedge fund as investors flee the industry at the fastest pace since the financial crisis, Bloomberg News reported yesterday. The Brevan Howard Master Fund, which bets on macroeconomic trends to invest across asset classes, will have to meet the redemption requests by the end of June. The fund managed $17.6 billion at the end of March, down from about $27 billion two years ago, according to a company website. Investors are losing patience with the high-fee managers after years of sub-par returns. Brevan Howard suffered two years of successive declines, followed by losses during the first quarter. Clients of Tudor Investment Corp., another multibillion-dollar hedge fund, have asked to withdraw more than $1 billion from the firm founded by billionaire Paul Tudor Jones after three years of lackluster returns.

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