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Bank Of America And Citi Found To Have Used Fraudulent Repo 105-Like Transactions "Due To Error"

Tyler Durden's picture




 

The WSJ reports that, as broadly expected, Lehman is not alone in its illegal Repo 105 window-dressing scam: it turns out that Citigroup and Bank Of America also routinely used such shady practices for years. As Michael Rapoport reports, "Citigroup said the misclassified transactions-of $5.7 billion as of the end of 2009, and as much as $9.2 billion over the past three years-involved "a very limited number of our business units" that "used this type of transaction in very small amounts." So its all good - fraud may have been performed but it was just nickel and diming: after all it's not like Citigroup was robbing cemeteries or anything (and since guilt was neither admitted nor denied in that specific case, one can say Citi was never sleeping because it was robbing graveyards but only due to honest mistake). Sure enough, this disclosure come only after the SEC demanded clarification on Repo-105 comparable transactions at all major firms. And with such daily distractions as ten trillions point swings in the market, and crude oil filling up the world ocean, who really cares anymore that all US banks commit fraud on a daily basis. The punchline: "Bank of America and Citigroup say their misclassifications were due to errors--not an attempt to make themselves look less risky." Well, that surely justifies everything.

More from the WSJ:

Bank of America Corp. (BAC) and Citigroup Inc. (C) incorrectly hid from investors billions of dollars of their debt, similar to what Lehman Brothers Holdings Inc. did to obscure its level of risk, company documents show.

In recent filings with regulators, the two big banks disclosed that over the past three years, they at times erroneously classified some short-term repurchase agreements, or "repos," as sales when they should have been classified as borrowings. Though the classifications involved billions of dollars, they represented relatively small amounts for the banks.

 A bankruptcy-court examiner said Lehman had been doing the same thing to make its balance sheet look better before it filed for bankruptcy in September 2008, using a strategy dubbed "Repo 105" that helped the Wall Street firm move $50 billion in assets off its balance sheet.

Bank of America and Citigroup say their misclassifications were due to errors--not an attempt to make themselves look less risky, which examiner Anton Valukas said was Lehman's motivation. The disclosures, made after federal securities regulators began asking financial firms about their repo accounting, were included in quarterly filings earlier this month but not highlighted.

The disclosures come amid a series of revelations about how banks obscure their risk-taking before reporting their finances to the public, a practice known in the financial world as "window dressing."

Federal securities rules bar financial firms from intentionally masking debt to deceive investors. There is no indication that Bank of America or Citigroup misclassified their repos intentionally or that the Securities and Exchange Commission will take any action against them. An SEC spokesman declined to comment.

 

 

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Thu, 05/27/2010 - 09:39 | 376628 johngaltfla
johngaltfla's picture

Criminial prosecution predictor:

0.0

If  you or I juice our books, we go to jail. If they do it, they get taxpayer funded bonuses.

Thu, 05/27/2010 - 09:42 | 376632 JohnKing
JohnKing's picture

Yeah, we just need to get over it, give em all the money and move on.

Thu, 05/27/2010 - 10:06 | 376691 Duuude
Duuude's picture

Is there a US Justice Dept. anymore?

Wait...

Ain't it under tha Treasury Dept?

Thu, 05/27/2010 - 10:31 | 376766 Bananamerican
Bananamerican's picture

Amerika has become absolutely kleptacular! Top to bottom.

Fri, 06/03/2011 - 05:34 | 1335035 loans
loans's picture

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Thu, 05/27/2010 - 09:42 | 376633 Rider
Rider's picture

"a kiddie shenanigan" Come on we are talking about corrupted adults!

Thu, 05/27/2010 - 09:46 | 376638 mikla
mikla's picture

"Well, you see, I didn't mean to sleep with her.  I was walking across her bedroom while naked, and I tripped."

Thu, 05/27/2010 - 09:46 | 376639 williambanzai7
williambanzai7's picture

The dog ate my balance sheet...

Thu, 05/27/2010 - 09:47 | 376643 johngaltfla
johngaltfla's picture

You forgot:

"I swear honey, I pulled out"

Thu, 05/27/2010 - 09:55 | 376662 Lord Flasheart
Lord Flasheart's picture

I fell on the doobie, it lit itself from the friction and I did not inhale

Thu, 05/27/2010 - 09:58 | 376672 williambanzai7
williambanzai7's picture

David Berkowitz made me do it...

Thu, 05/27/2010 - 10:58 | 376847 ApplesConspiracy
ApplesConspiracy's picture

The check was in the mail.

Thu, 05/27/2010 - 12:37 | 377055 LeBalance
LeBalance's picture

I was only attempting to scare those kids and had exactly calculated the trajectory of the AR-15 burst.  But due to freak wind sheer they all died.  It was the fault of calculation error!

/////

Well since Citi and BoA are US owned subs and the Sun shines out of both a-holes as a result, they are God's own gift to US.  Be grateful.

What a Blessing!  Again, harder, please more, Again!

/////

/yeah, sarcasm off/ as if

Thu, 05/27/2010 - 09:47 | 376644 SnarkAttack
SnarkAttack's picture

What steps have been taken to prevent these errors from happening again, and how was it that the same errors happened systemically?

I'm kidding of course, if Citi says NBD, then NBD.

Aren't the executives criminally liable under SOX though?

Thu, 05/27/2010 - 09:49 | 376646 williambanzai7
Thu, 05/27/2010 - 09:57 | 376668 Hephasteus
Hephasteus's picture

LOL

Thu, 05/27/2010 - 10:04 | 376686 mister_x
mister_x's picture

That was well done!

Thu, 05/27/2010 - 10:05 | 376689 MyFriendMises
MyFriendMises's picture

Is nutjobium Apostate?  If so hilarious.

Thu, 05/27/2010 - 12:41 | 377066 LeBalance
LeBalance's picture

+US Defecit! +Swapium

Derangium and Moron...hahahahaha

Who is the sidekick?  >>> Derangium!

Thu, 05/27/2010 - 09:50 | 376647 Turd Ferguson
Turd Ferguson's picture

such bullshit

Thu, 05/27/2010 - 09:50 | 376648 John McCloy
John McCloy's picture

BAC: oooohhhhh.You meant those 105's. Our bad

Banks operate with impunity and immune to laws. Walk between the raindrops bitches.

Thu, 05/27/2010 - 11:07 | 376869 Crummy
Crummy's picture

Tiptoe through the tulips.
Coffee is only $8.50

Thu, 05/27/2010 - 09:50 | 376649 bugs_
bugs_'s picture

"It appears to have been a completely honest bureaucratic snafu."

Thu, 05/27/2010 - 09:52 | 376653 ZeroPower
ZeroPower's picture

Oh come on, its not like their accountants are professionals or anything.

One thing i always wondering in my accounting classes was why we are taught how to manage earnings. All those CAs, CPAs, CGAs, etc; graduating with skills on what NOT to do in an ideal world. Yet then they come into the real world, far from ideal.. of course they're going to help firms manage earnings! Otherwise back office finance could balance income statements and the like. 

Thu, 05/27/2010 - 10:34 | 376773 Miss Expectations
Miss Expectations's picture

Your comment reminds me of my college accounting class. 

I went to school in Virginia.  The instructor kept talking about an Extraordinary Repayer.  I didn't have a clue what she was talking about.  I raised my hand and asked, "What is an Extraordinary Repayer?"  She laughed and wrote it on the Board: Extraordinary Repair.

Now I know that there really is an Extraordinary Repayer, it's called a Repo 105 Transaction.

Thu, 05/27/2010 - 11:01 | 376858 Hephasteus
Hephasteus's picture

What was his perfered extraordinary repair? Put extra thick oil in the economic engine and mark it like it's rebuilt? Becuase if that wasn't the answer. He doesn't know "modern accounting".

Thu, 05/27/2010 - 09:55 | 376661 reading
reading's picture

Well, yeah its an error -- especially now that our buddy got busted for that same thing.

Thu, 05/27/2010 - 09:55 | 376663 Trifecta Man
Trifecta Man's picture

To open an account, press 1.  To get your account value, press 2.  To make a payment, press 3.  To request a loan, press 4 ...  To talk to an auditor, press 8762416.  [8][7][6][2][4][1][6] .... buzzz .... All auditors are busy right now.  Try later.

Thu, 05/27/2010 - 10:01 | 376675 sumo
sumo's picture

I can understand how it could be an honest error.

These repo whatsits are complicated. Wall Street would be unfairly burdened if they had to hire lots of people smart enough to understand repos. Think of the cost! And the time!

Shame on the SEC for stifling the efforts of honest Americans to earn an honest dollar. Shame!

 

 

Thu, 05/27/2010 - 10:17 | 376720 williambanzai7
williambanzai7's picture

A capital crime! Waste waste waste...

Thu, 05/27/2010 - 10:11 | 376704 sweet ebony diamond
sweet ebony diamond's picture

fine. small potatoes.

the problem is that the whole sack is rotten.

Thu, 05/27/2010 - 10:13 | 376708 doomandbloom
doomandbloom's picture

who were the auditors this time around?

Thu, 05/27/2010 - 11:54 | 376927 Double down
Double down's picture

They were Kiting

Thu, 05/27/2010 - 10:19 | 376719 DaveyJones
DaveyJones's picture

"honest mistake?" all mistakes are honest

is it "window dressing" or cross dressing?

Thu, 05/27/2010 - 10:18 | 376722 Handle with care
Handle with care's picture

Accidentally and without realising moved billions of dollars on and off the balance sheet, coincidentally timed to around the same times as end of quarters and just fortuitously having the effect of making the company look financially stronger than it really way.

I can certainly believe it was just a simple bureaucratic error.

And the fact that it happened again and again just goes to prove what a simple error it was to make

Thu, 05/27/2010 - 10:31 | 376765 taraxias
taraxias's picture

The SEC should issue a public apology to C and BAC for even thinking that Repo-105 type transactions could be used in those honored institutions to mislead investors.

On your knees, Mary Schapiro, on your knees.........

Thu, 05/27/2010 - 10:36 | 376778 curbyourrisk
curbyourrisk's picture

Fuck the SEC and all regulators who REFUSE to do their appointed duties.

Burn these fuckin banks and get it over with already.

Thu, 05/27/2010 - 10:37 | 376781 BernankeFed
BernankeFed's picture

I remember Enron was simply made accounting "errors."

Thu, 05/27/2010 - 10:41 | 376793 sumo
sumo's picture

The SEC had time to do some work? Their internal porn server must be down.

Thu, 05/27/2010 - 10:43 | 376797 trav7777
trav7777's picture

Shocked....shocked, I say

Thu, 05/27/2010 - 10:52 | 376815 You Cant Handle...
You Cant Handle the Truth's picture

Whats the formal term for the mens rea of "oops, my bad"?  Oh yes, "gross incontinence."  

Quick, someone check the statutes and see if gross incontinence is the appropriate mens rea for fraud.

 

Thu, 05/27/2010 - 11:56 | 376932 Double down
Double down's picture

Whatever happened to preventative controls, shit, what happend with SOX anyway?  It does not look so bad anymore.

Wasted years on that shit. 

Angry, angry, angry   

Thu, 05/27/2010 - 12:07 | 376950 thewhigs
thewhigs's picture

...and like the countless other fraudulent cases C has been involved in-the news headlines will come out "Citigroup has agreed to pay a fine of "x" amount of dollars and admit no wrongdoing"...honestly, given how much C is govt. owned, I don't think anything will come out of it....though I hope something does.

BAC? Not too much more either...

 

Such b.s.-just sickening...

Thu, 05/27/2010 - 12:51 | 377095 dumpster
dumpster's picture

imagine dunpsters complete surprise .. fradulent ,,

 

really a little rounding error and misplaced forms

Thu, 05/27/2010 - 13:04 | 377130 CustomersMan
CustomersMan's picture

 

 

The only way to restore any market confidence would be to charge the top ten people in each of these firms under both RICOA and Sarbanes, clawback the personal fortunes with fines and treble damages, along with imprisonment.

 

When's that happening.

Thu, 05/27/2010 - 13:36 | 377231 Grand Supercycle
Grand Supercycle's picture

That ongoing buying support I detected has morphed into a rally...

http://stockmarket618.wordpress.com

http://www.zerohedge.com/forum/latest-market-outlook-1

Thu, 05/27/2010 - 14:05 | 377324 Mitchman
Mitchman's picture

Dear GS:  Why are you putting this garbage under a totally unrelated article and pissing off everyone?

Thu, 05/27/2010 - 14:04 | 377321 Mitchman
Mitchman's picture

Is this like being a little bit pregnant?

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