The Final Straw? Jefferies And Six Other Banks Sued For "Fraudulent" MF Global Bond Issuance

Tyler Durden's picture

Pick the odd one out of the following 7 banks, while in the process pointing out what they have in common: Bank of America Corp, Citigroup Inc, Deutsche Bank AG, Goldman Sachs Group Inc, Jefferies Group Inc, JPMorgan Chase & Co and Royal Bank of Scotland Group Plc. As it so happens 6 of the 7 are Bank Holding Companies, and have access to the Fed's various emergency facilities. The seventh, Jefferies, which a few years ago, boasted that it is now the largest remaining true investment bank after all its competitors had converted to BHC status, may soon regret it said that and did not join its peers. Why? For the same reason why on November 1, the day after MF Global filed for bankruptcy, we tweeted: "Here is why Jefferies is in deep doodoo: " The reference of course is to the now legendary prospectus for the MF Global 6.25% notes of 2016 that had the infamous Corzine key man event: "interest rate applicable to the notes will be subject to an increase of 1.00% upon the departure of Mr. Corzine as our full time chief executive officer due to his appointment to a federal position by the President of the United States and confirmation of that appointment by the United States Senate prior to July 1, 2013." At this point the only appointment Obama may give Corzine is that of a presidential pardon for a criminal felony offense (assuming of course Corzine brings a sleeping bag to Zuccotti square: the only offense for which he may ever be arrested). Alas, Jefferies, and the 6 other banks, do not have that luxury: as of late this afternoon, all six were sued by pension funds "who said the bonds' offering prospectuses concealed problems that led to the futures brokerage's collapse." Precisely as Zero Hedge expected. And unfortunately for Jefferies, this may well be the final nail in the coffin - because while the market had punished the bank for its Exposure, the biggest unknown in the past 2 weeks was whether and when it would be sued precisely for its MF Global liability. That time is now: next up - every single entity that was impaired in part or in whole as a result of the MF Global bankruptcy will follow suit and sue the same 7 banks... of which only Jefferies does not have the benefit of an infinite backstop. 

More from Reuters:

Other defendants include several officials associated with MF Global, including former Chief Executive Jon Corzine.


Friday's lawsuit may be one of the earliest efforts for investors to recover money from relatively deep-pocketed defendants that they believe may share in responsibility for MF Global's October 31 bankruptcy.


Bank of America spokeswoman Shirley Norton, Citigroup spokeswoman Danielle Romero-Apsilos and Jefferies spokesman Richard Khaleel declined to comment. The remaining banks did not immediately respond to requests for comment.


According to the complaint, the registration statements and prospectuses for about $900 million of MF Global note offerings this year omitted how the company was using high leverage, investing heavily in risky European sovereign debt, and not properly segregating client assets from its own.


It said the seven banks helped draft the offering documents and sell the notes, collecting $21.2 million of fees, but that their "failure to conduct an adequate due diligence investigation was a substantial factor" in MF Global's collapse, as well as in defaults on the notes.


The lawsuit was brought by the IBEW Local 90 Pension Fund in Connecticut, and the Plumbers' and Pipefitters' Local #562 Pension Fund in Missouri, and seeks class-action status. 


It seeks damages for investors between February 3, 2011 and October 31, 2011 in MF Global securities, including its 1.875 percent convertible senior notes maturing in 2016, its 3.375 percent convertible senior notes maturing in 2018, and its 6.25 percent senior notes maturing in 2016.

And to everyone who may have lost money or had their capital locked up indefinitely by the bankrupt firm, which we are 100% certain will see all of its valuable assets picked off by Goldman Sachs and JP Morgan, we suggest you familiarize yourself with lawsuit IBEW Local 90 Pension Fund et al v. Corzine et al, U.S. District Court, Southern District of New York, No. 11-08401 and enjoin it. Because one person who is getting very familiar with its contents right about now is Jefferies CEO, Dick Handler.

Incidentally, if Jefferies in big trouble, our other tweet from November 1 is also true: "And if Jefferies is in trouble, so is Fried Frank, underwriter counsel on the MF Global bond:"

So investment banks first; law firms next...Just how high will this debacle for the current administration reach we wonder?

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Paul Bogdanich's picture

This thing with Jefferies is really quite disturbing to anyone who knows the business.  When they say that they were the last true investment bank that was not an idle boast.  Their buy side sales group is over 2,000 strong and the best connected in the business for medium to small firm access.  Their underwriters were honest (for underwriters that is) and they did a lot of good deals. 

The fact that the dildoe CEO and CFO thought they had to go gambling in derivative instruments to keep the salaries up is an embarrasment.  Those two and the board that supported them should be let go.  But will that happen?  Noooo.  In this corrupt system they will likely be eliminated so there is no competition on the low end to the big banks and as a result there will be no capital formation for smaller concerns at all.  Obama and that whole group has to go.  They just have no clue what they are doing.  If you were going to use government money to save a bank (never a good idea but if you were) it would be better to save Jefferies than either Bank of America or Citibank or that unspeakable piece of trash AIG.  But the opposite of what is best will happen.  Just disgusting.          


Mike2756's picture

What overseas entities will pick up on the business? There has to be a few out there that kept clean.

AldousHuxley's picture

Swiss Nazi gold, dictator money banks?

Singapore now is the destination of choice for secret banking, so Singapore banks?

UK's fucked worse than NYC banks?

PIIGS banks?

state controlled Chinese banks?

KGB controlled Russian banks?

Latin drug cartel money Caribbean banks?

African banks?


I have more trust on Vegas Casino operators because they know mobs will put them in a bodybag if they lose mob money unlike banksters who get taxpayer bailouts.


ResFam's picture

Seriously?  Jeffries CEO is really named "Dick Handler"? Guess he really got caught in a short squeeze.

Carlyle Groupie's picture

Obama and that whole group has to go.

You just don't get it do you? Presidential figureheads and their party affiliations have little to do with the real underlying power.

I say let Goldman start regulating the industry. Let's get it out in the open and visible to all. This way we can stop blaming the wrong entities for the destruction of this country.

Oh regional Indian's picture

Well, it's not like GS calls the shots it calls if you knwo what I mean CG. Some even might say the Carlyle group is way more powerful than GS. The Mafia is definitely more powerful (even on Wall Street) than GS.

The mafia runs the US. look at who is the top of the heap?

Google Mayer Lansky.... many things start to become rather obvious as it were.



Carlyle Groupie's picture

I love these Goldman sponsored blogs. The Vatican Mafia is the puppet master.... Bwahhhhhahah.

They do however produce catchy tunes:

Sing along

Austerity for you, pay that Jew confetti back.
Christianity had a thousand year, ban on this shit.
Even Islam forbids it.
Cooperative pacifist species, are killed to extinction.
Competition for dominance, is an evolutionary, mandate.
How else can we arbitrate DNA?
Fukushima was a black swan.
Let's all just totally panic.
And hope, this is as bad as it gets.
Sort of a catch twenty-two.
That was the dumbest fucking post, I've ever read.
You don't know how, mind fucked you are, do you?
Fuck you, you leave.

Oh regional Indian's picture

I missed the intent of the first line.

But that video is awesome. Well done fuu.


i-dog's picture

Interesting that you mentioned Meyer Lansky and the Vatican Groupie immediately associated it with the Vatican! Freudian slip? Inside knowledge? LOL!

Carlyle Groupie's picture

Or: Have you two just become that predictable.

Carlyle Groupie's picture

Right on fuu. I like the background singer who cannot get past 7, the skull spirals, the trance like beat.... Well done. Did Marla help?

Gold fucking stars for errbody.

Carlyle Groupie's picture

Yes I applaud brilliance. The content not your youtube skillz.

Robot Traders Mom's picture

@ORI-I wouldn't argue that the Carlyle group is equally as powerful as Goldman Squid, but not any more so. These groups at the top are all on the same team, they just have different roles. Carlyle group pushes the military industrial complex and Goldman finances it.

I guess the Meyer Lansky reference is a bit vague. He sheltered money for the mob, but that is nothing compared to the trillion dollar enterprise of the Catholic church, for example.

Either way, I liked you post. We need more people to read outside the lines and think outside the box...

Oh regional Indian's picture

Thanks RTM. in truth, Lansky was the Drug Kingpin, plain and simple. Went seamlessly from alcohol to drugs. He answered (puportedly) to the Archbishop of NY, Vatican's man in the Big Apple (Hmmmmmm.....)....

Lansky worked for the Vatican. The partners of the Crown Corporation and joint owners of the Pentagon.

The US is the Jesuit army of a vengful god for the Vatican/bankers. A wet dream for them.


Paul Bogdanich's picture

Obama is not a robot.  He is possessed of free will you know.  He could have lied to them to get into power and then used the power.  Presidents used to do that.  LBJ and Nixon come immediately to mind.  George Herbert Walker Bush was also his own man.  Reagan was a figurehead and that governement was run by Don Regan the chief of staff but at least he was from Mother Merrill and not Goldman.  Not a jew in other words.  Even G. W Bush told the bankers to shove it when they came to him to get bailed out on Delphi Automotive.  He of course later capitulated when all the investment banks went tits up.  Obama is just an empty suit.  A shill that is acting as the political cover man for a bank heist.  He doesn't even get the politics right.  He's just an embarrasment.  Nobody could be worse.  Of course I used to say that about G.W. Bush as well.           

Bolweevil's picture

Did you stop (start?) drinking? You are usually so full of shit, but I am now in complete support of what you're posting today.  I applaud your cogent thoughts regarding the administration. 

11b40's picture

So, I'm not the only one to notice this change in personality.  Good.  Not sure if it is the drink, or lack thereof, but this is 2 in a row from PB that I agree with.....well, mostly.  That part about George Bush senior being his own man I would argue with.  Just because he was not owned by one set of crooks, does not mean he wasn't owned by another group.  If were really his own man, that would just mean he controlled a very large gorup of theives himself.

Keep up the good work, Paul.

Willzyx's picture

I respect George W. Bush in the sense that when he was elected, we all knew we were fucked.  Sure enough, the country went to hell in a hand basket under his watch.

Obama on the other hand, campaigned on hope and change.  Instead of hope and change, we got fucked.  If I'm gonna get fucked, I'd at least like to know about it beforehand. 

vast-dom's picture

Thank you for your insight Paul B. I agree this is all just disgusting. And the fact that the only seemingly "decent" last true investment bank apes the big boys into unethical gambling waters only to drown due to lack of bail-outs is actually scary. At the end of the day the colluisive oligopoly becomes a monopoly with a few companies essentially operating as one with Teh Gov and Teh Fed.


Thanks again.

Widowmaker's picture

Disgusting? No.

Hope and change and record bonuses for criminals.

Tha criminal syndicate still washing their asses clean in the US Treasury fountains.

Failure rewarded is 100% by design, pay attention, and pay your taxes.

ToNYC's picture

For all the wonderful reasons that Jefferies did the right thing and stands alone is precisely why the $2 April puts sport a huge open interest. Can't be having Saints in the Pirate's lair, but we can have a night of the long knives.

bigun's picture

the good has to die young


Totentänzerlied's picture

Maybe they'll slap both wrists this time. Wouldn't that be something!

Michael's picture

Complete and total worldwide collapse solves everything.

We should have a thread discussion sometime on the beauty of the barter system.

I'll give you a double roll of toilet paper for a gallon of gas, that sort of thing. 

jeff montanye's picture

re: the fried frank reference in the post, the wikipedia entry for them notes douglas feith as an alum.  that guy gets around.  wish he were deep in an iraqi prison.

FEDbuster's picture

Barter System?  What happens to government teat suckers and financial market parasites in a world where you have to produce something of value to stay alive?

i-dog's picture

The dodo comes to mind.

Tom Green Swedish's picture

Russia defaulting because of America pushing the Red Army more into the Afghan War comes to mind.

Taku's picture

Speaking to everything FUBAR..

BEWARE: Sit-down protesters may be a threat to public safety and are to cease and desist. There may be unconfirmed foreign operatives (tourists, foreign nationals, but let's call them possible terrorists until confirmed otherwise) amongst them, and none likely have police-approved press passes to film or release officially approved commentary.

The squatting is clearly a health hazard and in violation of city public space by-laws, obstructing law enforment duties, and non-compliant with approved protest parameters.

Some are students prone to brain-washing by extremists. These young unstable elements are highly disruptive to you and the status-quo. Do not attempt to collude or be complicit with such individuals.

Failure to comply will result in harmonization.

Resistance is futile.

johnnynaps's picture

Yep, some of the young were brainwased by terrorist who told them to purchase homes (now underwater), contribute to lackluster 401k's, go to school and rack up debt and come out and get a good job flipping burgers, america is free yet there's a camera on every corner and if you get a parking ticket it could take 2 days of burger flipping to pay back. Yep, they were brainwashed alright. And now, they see that being a good citizen doesn't pay as Paulson, Dimon, Corzine, Mozillo, Fuld, Thain and the rest of the crew has clearly demonstrated.

spankfish's picture

i wonder if I could barter my rectal gas?

vast-dom's picture

Well at least you're NOT blaming the kikes and the niggers for all this Mikey boy. Maybe you're still a racist fuck but at least you're drinking your morning SHUT THE FUCK UP joe and it's kinda sorta working and/or your retardo meds finally kicked in?!

Elliott Eldrich's picture

Keep in mind there are over 400 active nuclear power plants in the world. If the system experiences a "complete and total worldwide collapse" then you are going to be counting on all of those plants either being properly shut down, or still operated in a safe manner. If anything goes wrong, we could be looking at Fukushima / Chernobyl times 100, and how much more radiation can the biosphere take before long-lived climax predators (like us) are no longer viable?

How about a bigger, tougher challenge, like finding a way to solve these problems and move forward without having to go through a collapse? There's an old saying about babies and bathwater that applies here...

Letting everything fall apart is easy. Building is harder, but has a lot more to offer. 


Yeah, until there is banker perp walk day, all of this is just a waste of time and money. The rapists will keep on raping. 

jonjon831983's picture

This is interesting... how things are just so interconnected.


Is it common to have this type of clause " +1% if Corzine gets dumped?" in a bond?  Or is it some type of hubris...

Irwin Fletcher's picture

No shit! How do you price that? Is that the 1% everybody's been talking about?

Taku's picture

+ 1.5% if Corzine isn't satisfied and frowns

Bendromeda Strain's picture

Now we know what the "key man" provision really meant...

ToNYC's picture

That 1% was his nut on the kiting spread; he was shooting for the stars, dividing by almost Zero (0.01)

Go big swinging dick Jon, blow up Chi-town for the team. Weapon of Mass Financial Destruction.

Better call the Goldman guys for advice. Judd Gregg just traded in his people's pittance from the US Senate (N.H.) to get in the big GShow. You go Judd, great timing!

lolmao500's picture

I just couldn't believe it either... those guys really think they are gods.

caerus's picture

just more evidence of the incestuous relationship between wall street and the white house...i suspect corzine and the bondholders were fully expecting him to be appointed to federal office...secretary of the treasury no doubt

Elwood P Suggins's picture

What makes you think he still isn't going to be Sec of the Treasury?  The current one is a tax cheating crook so a precedent has been set. 

FEDbuster's picture

No shit!  This MF fuckup and theft might look good on his government job resume.  I wouldn't be surprised if he runs for POTUS in 2016 or is made FED chairman.