Last March, Scott Coren and Michael Nannizzi, analysts at
Bear Stearns, issued a report upgrading the stock of New Century Financial, a
company that provides subprime mortgages to low-income homebuyers, from
"underperform" to "peer-perform."
California-based New Century's stock rallied on Coren and
Nannizzi's research note to investors, rising 3 percent in afternoon trading on
Thursday March 1, 2007, to close at $15.78.
In April 2007, a month after the analysts issued their
somewhat upbeat report, New Century filed for bankruptcy protection due in
large part to the massive number of borrowers who were defaulting on their
loans.
The move by Coren and Nannizzi, as well as an analyst at UBS
who, in February 2007, also upgraded the mortgage company's stock, to lead
investors into believing that New Century was undervalued and on solid footing
underscores how little Wall Street has learned since Enron imploded in a wave
of accounting scandals in 2001.
The historic, unprecedented federal bailout of Bear Stearns
over the weekend came as the company engaged in questionable trading practices
and allegations that it failed to inform investors the true financial condition
of its subprime investment business.
Bear�s collapse represents the failure of federal regulators
to enact reforms in the $6.5 trillion mortgage securities market, an industry
far bigger than the United States treasury market.
�The regulators are trying to figure out how to work around
it, but the Hill is going to be in for one big surprise,� said Josh
Rosner, a managing director at Graham-Fisher & Company, an independent
investment research firm in New York, and an expert on mortgage securities,
in an interview with The New York Times last November. �This is far more
dramatic than what led to Sarbanes-Oxley,� he added, referring to the
legislation that followed the WorldCom and Enron scandals, �both in conflicts
and in terms of absolute economic impact.�
Federal regulators have been slow to act, despite the
obvious warning signs (an increase in foreclosures and loan defaults), because
the housing market drove the economy over the past five years and Bear Stearns
led the pack as one of Wall Street's top underwriters of mortgage backed
securities. That meant that Bear's financial stability was tied directly to the
repayment of loans at the mortgage firms it was underwriting.
Indeed, what Coren and Nannizzi's research note on New
Century didn't say was that Bear Stearns was one of the Wall Street banks that
financed New Century's mortgage operation. Their positive report on the company
seemed to be about protecting Bear's investment and the bank's bottom line than
it was about providing investors with sound financial advice.
As with Enron and WorldCom, sell-side firms such as Bear
Stearns issued biased stock recommendations during the housing boom in the
hopes that they would win investment banking business. And when the bubble
burst the banks continued to reassure investors until dozens of mortgage
companies, such as New Century, closed their doors or ceased making loans
available, which lead to a massive sell-off of banking stocks.
William Galvin, Massachusetts' secretary of the
commonwealth, subpoenaed Bear Stearns and UBS just two weeks after Coren and
Nannizzi issued their report on New Century in March 2007, demanding the firms
turn over their research documents into New Century. Galvin alleged that Bear
and UBS violated a 2003 global research settlement following the Nasdaq crash
of 2000 in which Wall Street firms paid hefty fines and promised to keep their
sell-side away from the investment banking side after regulators accused
analysts of writing biased research reports in order to win lucrative
investment deals from the companies the analysts covered.
"Recent revelations that research analysts issued positive
reports on mortgage lenders . . . even as those companies faced more and more
defaults suggests that the commitment of 2003 has not been met," Galvin
said in a prepared statement at the time. Glavin had worked closely with then
New York Attorney General Eliot Spitzer on the settlement. Spitzer resigned as
governor of New York last week after he was alleged to have been a customer of
an escort service.
Still, at least one savvy trader saw through Coren and
Nannizzi's overly optimistic report on New Century and acted accordingly. Last
March, the trader commented on a popular financial
message board that Bear Stearns was "trying to cover its own behind
with that upgrade."
"The question on everyone's mind should be, 'How much
are they on the hook for?'" the commenter asked, before signaling that he
intended to short Bear's stock. No doubt that the savvy trader is a very rich
person today. Bear was sold to JPMorgan Chase for $2 a share last weekend in a
deal brokered by the Bush administration.
Last November, Glavin reemerged accusing Bear Stearns of an
inherent conflict of interest when it engaged in trading with two hedge funds
the firm managed that specialized in mortgage securities that suffered $1.6
billion in losses and eventually filed for bankruptcy.
Glavin filed a civil complaint against the bank saying it
violated securities laws and its own internal regulations by failing to inform
the hedge funds' independent directors that it had traded mortgage securities
from its own accounts with hedge funds that it also advised. Glavin claims Bear
Stearns violated the US Investment Advisers Act of 1940, which bars such
transactions unless hedge fund clients receive prior notification in writing
about self-dealing and agree to the transaction. That case is still pending.
�This begins to explain how the subprime genie got out of
the bottle,� Galvin told the Associated Press in an interview. The meltdown in
the mortgage industry �happened in part because there was a seemingly limitless
amount of capital put in the hands of people who had conflicts of interest that
weren't disclosed,� he said.
The hedge funds -- Cayman Islands-based Bear Stearns' High
Grade Structured Credit Strategies Fund and the Enhanced Leverage Fund -- bet
wrongly on securities that were backed by subprime loans for home buyers with
poor credit ratings. When homeowners defaulted, losses at the hedge funds
mounted. Bear Stearns then informed its investors that their investments were
worthless.
Last December, investors filed a new round of legal claims
against Bear Stearns claiming the bank mismanaged the hedge funds and concealed
the condition of the funds until it was too late.
"Officials at Bear Stearns engaged in a concerted
effort to conceal the true state of affairs at both of these hedge funds for an
extended period of time before they imploded," attorney Steve Caruso of
Maddox, Hargett & Caruso in New York, one of four firms representing
plaintiffs, said last December.
Another plaintiffs' attorney, Ryan Bakhtiari of Beverly
Hills, said Bear Stearns used the hedge funds "as a dumping ground."
"Given Bear Stearns' dominance in the mortgage-backed
securities underwriting market, they knew or should have known how much
subprime exposure both of these hedge funds faced," Bakhitari said last
December. "We're finding, in our investigation of these funds, that many
investors in these funds simply were unaware of what was being held in their
portfolios because it was not adequately disclosed."
On Monday, a lawsuit was filed against Bear Stearns on
behalf of investors alleging the company issued materially false and misleading
statements regarding its financial condition.
Jason
Leopold is the author of "News Junkie," a memoir. Visit
www.newsjunkiebook.com for a
preview.