{"id":5203,"date":"2011-09-24T00:00:00","date_gmt":"2011-09-24T05:00:00","guid":{"rendered":"https:\/\/institutionalinvestorsecuritiesblog.blawgcloud.com\/2011\/09\/some_sec_charges_against_inves"},"modified":"2022-04-04T15:20:20","modified_gmt":"2022-04-04T20:20:20","slug":"some-sec-charges-against-inves","status":"publish","type":"post","link":"https:\/\/www.investorlawyers.com\/blog\/some-sec-charges-against-inves\/","title":{"rendered":"Some of the SEC Charges Against Investment Adviser Over Alleged Involvement In J.P. Morgan Securities LLC Collateralized Debt Obligation Are Dismissed"},"content":{"rendered":"<p>The U.S. District Court for the Southern District of New York has thrown out some of the Securities and Exchange Commission charges against GSCP (NJ) managing director Edward Steffelin for his alleged involvement in a <a href=\"https:\/\/www.investorlawyers.com\/jp-morgan-chase-background-information.html\">JP Morgan Securities LLC<\/a> collateralized debt obligation deal. GSCP (NJ) was the collateral manager for the CDO transaction.<\/p>\n<p>While JP Morgan Securities settled for $153.6 million the SEC\u2019s allegations that it misled investors about the CDO deal by agreeing to pay $153.6 million, Steffelin opted to fight the charges. He claimed that there was no reason for him to think that the CDO offering documents were problematic. He argued that nothing had been left out and nobody was \u201cdefrauded.\u201d<\/p>\n<p>In district court, Judge Miriam Goldman Cedarbaum granted Steffelin\u2019s motion to dismiss the SEC\u2019s 1933 Securities Act Section 17(a)(3) claims against him. Per the Act, any person involved in the sale or offer of securities is prevented from taking part in any transaction or practice that would deceive or be an act of fraud against the buyer. Cedarbaum said it would be a \u201cbig stretch\u201d to conclude that Steffelin owed the investors that bought the CDO a fiduciary duty. However, she decided not to throw out the SEC\u2019s securities claims related to the 1940 Investment Advisers Act, which has sections that make it unlawful to sell or offer securities to get property or money as a result of an omission or material misstatement. The act also prevents investment advisers from taking part in a transaction or practice that performs a deception or fraud on a client.<\/p>\n<p>The SEC\u2019s charges revolved around a JPM-structured CDO called Squared CDO 2007-1. It mainly included credit default swaps that referred to other CDOs linked to the housing market. Per the Squared CDO\u2019s marketing collaterals, GSCP was noted as the one choosing the portfolio\u2019s deals. What wasn\u2019t included in the disclosure was the fact that Magnetar Capital LLC, a hedge fund, played a key part in choosing the CDOs and had a short position in over 50% of the assets. This meant that Magneta Capital stood to gain financially if the CDO portfolio failed.<\/p>\n<p>JP Morgan Securities is JP Morgan Chase affiliate. Under the terms of its $153.6 million settlement, the financial firm agreed to fully pay back all monies that investors lost. By agreeing to settle, JP Morgan Securities did not admit to or deny wrongdoing. Other large financial firms that have settled SEC securities fraud cases related to CDOs in the last 16 months include <a href=\"https:\/\/www.investorlawyers.com\/citigroup-background-information.html\">Citigroup<\/a>, which recently reached a $250 million settlement and Goldman Sachs, which settled its case with the SEC last year for $550 million.<\/p>\n<p><strong>More Blog Posts:<\/strong><br \/>\n<a href=\"https:\/\/www.securities-fraud-attorneys.com\/\">Citigroup\u2019s $285M Mortgage-Related CDO Settlement with Raises Concerns About SEC\u2019s Enforcement Practices for Judge Rackoff<\/a>, Institutional Investor Securities Blog, November 9, 2011<\/p>\n<p><a href=\"https:\/\/www.investorlawyers.com\/blog\/retirement-funds-cdo-lawsuit-a\/\">Retirement Fund\u2019s CDO Lawsuit Against Morgan Stanley is Dismissed by District Court<\/a>, Institutional Investor Securities Blog, October 27, 2011<\/p>\n<p><a href=\"https:\/\/www.investorlawyers.com\/blog\/2011\/08\/stifel_nicolaus_co_and_former\">Stifel, Nicolaus &amp; Co. and Former Executive Faces SEC Charges Over Sale of CDOs to Five Wisconsin School Districts<\/a>, Stockbroker Fraud Blog, August 10, 2011<\/p>\n<p>***This post has been backdated.<\/p>\n<p> <a href=\"https:\/\/www.investorlawyers.com\/blog\/some-sec-charges-against-inves\/#more-5203\" class=\"more-link\">Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The U.S. District Court for the Southern District of New York has thrown out some of the Securities and Exchange Commission charges against GSCP (NJ) managing director Edward Steffelin for his alleged involvement in a JP Morgan Securities LLC collateralized debt obligation deal. GSCP (NJ) was the collateral manager for the CDO transaction. While JP [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[3742,3752,3781,3958,3760,3761,3741],"tags":[],"class_list":["post-5203","post","type-post","status-publish","format-standard","hentry","category-collateralized-debt-obligation","category-financial-firms","category-investment-advisers","category-jp-morgan-chase","category-sec-enforcement","category-securities-and-exchange-commis","category-securities-fraud"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Some of the SEC Charges Against Investment Adviser Over Alleged Involvement In J.P. Morgan Securities LLC Collateralized Debt Obligation Are Dismissed &#8212; Investor Lawyers Blog &#8212; September 24, 2011<\/title>\n<meta name=\"description\" content=\"The U.S. District Court for the Southern District of New York has thrown out some of the Securities and Exchange Commission charges against GSCP (NJ) &#8212; September 24, 2011\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.investorlawyers.com\/blog\/some-sec-charges-against-inves\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Some of the SEC Charges Against Investment Adviser Over Alleged Involvement In J.P. 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