N.Y. Plans Citigroup Fraud Lawsuit
Auction-Rate Securities at IssueBy Heather Landy, Special to The Washington Post, Saturday, August 2, 2008; D01
NEW YORK, Aug. 1 -- New York Attorney General Andrew M. Cuomo plans to imminently sue Citigroup, alleging that the financial-services giant engaged in "fraudulent" sales of bonds known as auction-rate securities by marketing them as a safe investment, his office said Friday.
Cuomo also accused the bank of destroying phone recordings that had been subpoenaed as part of a five-month investigation by his office.
Separately, Citigroup disclosed Friday that it has received subpoenas from the Securities and Exchange Commission and other regulators examining the role that various firms played in the auction-rate securities market, which had chugged along in relative obscurity until it froze up in February -- leaving investors unable to unload the securities -- as the credit crisis deepened.
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Citigroup represented that auction rate securities were safe, liquid and cash equivalent securities," Cuomo's office wrote in a letter sent to the bank Friday. "
These representations were false and had a severe detrimental impact on tens of thousands of Citigroup customers."
The letter was sent after settlement talks with the bank broke down, according to a source in the attorney general's office.
Citigroup spokeswoman Christina Pretto said the bank is "actively working with regulatory authorities," including Cuomo's office, and that the company acted in the best interest of clients "both before and since auctions began to fail."
She also said that Citigroup regularly recycles tapes of phone conversations from its trading desks, and that the recycling of a tape requested under the April 14 subpoena by Cuomo's office was inadvertent.
"As soon as we learned of the oversight, we immediately suspended all recycling of tapes and preserved all existing tapes," Pretto said. "We reported this oversight to the regulators, and we have fully cooperated with them in all aspects of this investigation."
Cuomo's office held out the potential for a settlement, saying in its letter that it wants the bank to buy back retail investors' auction-rate securities at full value, reimburse customers for any damages and agree to a "significant penalty for Citigroup's misconduct" during the investigation.
Cuomo filed a lawsuit last month against Swiss investment bank UBS, alleging that more than 50,000 customers were defrauded by the misrepresentation of auction-rate securities. The securities are variable-rate bonds that are put up for bid as often as once a week in auctions that determine their interest rates. Firms such as UBS and Citigroup, known as primary dealers, run the auctions.
Citigroup traditionally would purchase securities left over at auction, the bank said Friday in its regular quarterly filing with the SEC. But Citigroup stopped that practice in mid-February as investors ceased bidding on the securities.
The bank had been the primary dealer on $72 billion of auction-rate securities before the market faltered. As of June 30, its program had shrunk to $48 billion, according to the quarterly filing.
In addition to Cuomo's office and the SEC, state regulators in Massachusetts and Texas also have subpoenaed Citigroup, according to the filing.
Besides UBS, Merrill Lynch is among the other banks regulators are examining for their roles in the auction-rate securities market.
Ishak's Comment: Lawsuit in US is a slow moving vehicle, the process typically drag for at least two years.