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<div class="ad"> </div></div><div id="dealbook"><div align="left"><span class="timestamp published" title="2012-07-13T11:49:00+00:00">July 13, 2012, <span>11:49 am</span></span><h3 class="entry-title">New Fraud Inquiry as JPMorgan’s Loss Mounts</h3>
<address class="byline author vcard">By <a href="http://dealbook.nytimes.com/author/jessica-silver-greenberg/" class="url fn" title="See all posts by JESSICA SILVER-GREENBERG">JESSICA SILVER-GREENBERG</a></address><div class="entry-content">
<p><strong>9:07 p.m. | Updated </strong></p><p><a href="http://dealbook.on.nytimes.com/public/overview?symbol=JPM&inline=nyt-org">JPMorgan Chase</a>
disclosed on Friday that losses on its botched credit bet could climb
to more than $7 billion and that the bank's traders may have
intentionally tried to obscure the full extent of the red ink on the
disastrous trades.</p><p>Mounting concerns about valuing the trades led
the company to announce that its earnings for the first quarter were no
longer reliable and would be restated. Federal regulators, who were
already examining the trades, are now looking at whether employees of
the nation's biggest bank by assets intended to defraud investors,
according to people with knowledge of the matter.</p><p>The revelations left <a href="http://topics.nytimes.com/top/reference/timestopics/people/d/james_dimon/index.html?inline=nyt-per">Jamie Dimon</a>,
the bank's chief executive, scrambling for the second time within two
months to contain the fallout from the trading debacle. It has already
claimed one of his most trusted lieutenants, compelled Mr. Dimon to
appear before Congress to account for the blunder and prompted the bank
to claw back millions in compensation from three traders in London at
the heart of the losses. A top bank official said that the board could
also seize pay from Mr. Dimon, but did not indicate that it would do so.</p><p>
Since announcing initial losses of $2 billion in May, Mr. Dimon, once
vaunted for his risk prowess after navigating the bank deftly through
the financial crisis, has worked to prove that any flaws in risk
management are limited to the chief investment office, a once-obscure
unit with offices in London and New York. But the latest news is
prompting fresh questions about whether risk controls throughout the
bank are weak.</p><p>"This points to fundamental and potentially widespread risk management failure," said Mark Williams, a professor of finance at <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/b/boston_university/index.html?inline=nyt-org">Boston University</a>, who also served as a Federal Reserve Bank examiner.</p>
<p>Much
more than profits are at stake for Mr. Dimon. The mounting problems
from the soured bets strengthen the hand of lawmakers in Washington who
have been pushing to curtail the kind of risk-taking that led to the
trading losses.</p><p>The possible deceptions came to light in a
regulatory filing early Friday just before the bank reported its
second-quarter earnings. While the bank posted a profit of nearly $5
billion despite the trading losses of $4.4 billion for the quarter, some
analysts and regulators zeroed in on the valuation of the trades.</p><p>"If
traders misrepresented a fact with the intent to defraud, they can be
subject to criminal charges," said Alan R. Bromberg, a securities law
expert at <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/s/southern_methodist_university/index.html?inline=nyt-org">Southern Methodist University</a>.</p><p>In
contrast, investors appeared to accept Mr. Dimon's pledges that the
bank had rooted out the problems and could reap record annual profits.
They rallied behind the bank, sending its shares up nearly 6 percent,
the best among its peers on an overall strong day for American stocks.</p><p>If
the trades had been properly valued, the bank said it would have lost
$1.4 billion on the position in the first quarter, bringing the total
losses to $5.8 billion so far this year. In a conference call with
analysts on Friday, Mr. Dimon said that the trade, under the worst
market conditions, could result in another $1.7 billion in losses.</p><p>In
a rare move, the bank seized millions in pay from three managers in the
unit's London office who had "direct responsibility" for the blunder.
People with knowledge of the clawbacks said that pay was taken back from
Achilles Macris, Javier Martin-Artajo and Bruno Iksil, the trader who
gained infamy as the London Whale for his large credit trades.</p><p>A
lawyer for Mr. Makris declined to comment. A lawyer for Mr.
Martin-Artajo could not be reached. Raymond Silverstein, a lawyer for
Mr. Iksil, said his client believed he had "done nothing wrong and that
he will be exonerated in due course." While the company did not indicate
the total tally for the clawbacks, Douglas Braunstein, the bank's chief
financial officer, said the bank could claim roughly two years of total
compensation, including stock options.</p><p>Ina R. Drew, the senior
executive who resigned as head of the chief investment office shortly
after the trading losses, volunteered to give back her pay. The giveback
is a precipitous fall for Ms. Drew, once one of Mr. Dimon's most
trusted executives. Ms. Drew earned roughly $14 million last year,
making her the bank's fourth-highest-paid officer. Ms. Drew declined to
comment.</p><p>JPMorgan said that an internal investigation, led by Mike
Cavanagh, a former chief financial officer at the bank, unearthed
questions about how traders in the bank's chief investment office were
valuing their bets. After combing through thousands of e-mails and phone
call records of traders, senior executives at the bank feared that
traders, in an attempt to disguise the magnitude of the losses,
improperly marked their trades.</p><p>"Certain individuals may have been
seeking to avoid showing the full amount of the losses in the portfolio
during the first quarter," the bank said in a statement, but didn't
indicate how many traders may be embroiled in the mismarking.</p><p>Certain
tough-to-exit trades can be extremely difficult to value, according to
current and former traders in the chief investment office. On some
positions, "valuing a trade is like throwing a ball at a target while
blindfolded," said a former trader who requested anonymity because of
the continuing investigations into the trade. The <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/s/securities_and_exchange_commission/index.html?inline=nyt-org">Securities and Exchange Commission</a>,
which is one of several federal regulators investigating the trading
losses, is interested in the valuation of the trades, according to a
person briefed on the investigation.</p><p>Separately, federal regulators from the <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/c/comptroller_of_the_currency/index.html?inline=nyt-org">Office of the Comptroller of the Currency</a> and the <a href="http://topics.nytimes.com/top/reference/timestopics/organizations/f/federal_reserve_bank_of_new_york/index.html?inline=nyt-org">Federal Reserve Bank of New York</a>
stationed at the bank's Manhattan headquarters have been examining the
valuation of the trades in weekly meetings with the staff at the chief
investment office, according to current regulators who insisted on
anonymity because the investigations have not concluded.</p><p>Mr.
Cavanagh said that the executives within the unit were outmatched by the
increasing complexity of the bets being made as the unit grew over the
last several years. JPMorgan, Mr. Cavanagh, emphasized, is undertaking a
"complete revamp of C.I.O. management." Part of that change began
Friday, when the bank announced that Irvin Goldman, who had overseen
risk for the chief investment office, was resigning.</p><p>Started
roughly five years ago, the unit, which grew from a sleepy operation
into a profit center, was also torn by internal strife between deputies
in New York and London, according to current and former traders.</p><p>Mr.
Dimon emphasized that the investment office was going to focus on
conservative investments. The bank has moved the majority of the soured
trade to JPMorgan's investment banking unit, where Mr. Cavanagh told
analysts risk controls were strong.</p><p>Mr. Braunstein, the chief
financial officer, told analysts that the decision to refile
first-quarter earnings was made on Thursday, the day before the bank
reported its second-quarter results. The change means that revenue for
the first quarter fell by $660 million, and net income dropped by $459
million.</p><p>Mr. Dimon urged analysts Friday to focus on the bank's overall strength.</p><p>The
bank reported a $4.96 billion profit for the second quarter, down 9
percent from $5.43 billion a year earlier. Revenue also fell to $22.2
billion, down 17 percent from the same period last year.</p><p>"All of our client-driven businesses had solid performance," Mr. Dimon said.</p><p>At
one point during the earnings call, Mike Mayo, an analyst with Crédit
Agricole Securities, asked whether the bank had reached a "tipping
point" where it had become too unwieldy to manage.</p><p>Mr. Dimon answered with a succinct "no."</p><p>JPMorgan,
for its part, has emphasized that the trading loss is a blip in terms
of the bank's overall profitability. Mr. Dimon added that while the bank
is "not proud of this moment, we are proud of this company."</p></div></div></div><br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br>
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