Newscast Media NEW YORK—A tentative deal has been negotiated by JPMorgan Chase CEO Jamie Dimon to settle a case for $13 billion regarding fraudulent mortgage-backed securities (MBS) that were never mortgage backed.
Here is how the scam works: The banks bundled mortgages into pools. These pools of mortgages were then further divided into what is referred to as “tranches”. The tranches are based on the credit scores of homeowners. For example, those with a high beacons score 750+ would be in the top tier. Then those with, say 700-749 would be in the tranche below. Homeowners with 600-699 would be in the next tranche and the bottom tranche would have the lowest credit score, and would be the riskiest. In essence, a tranche is a slice of a deal in structured financing.
These pools of mortgages, also referred to as “derivatives” are then sold on the secondary market in form of a bond that is backed by the value of the house (mortgage). The bond certificate that is issued is what is referred to as a “mortgage-backed security” or a “Collateralized Debt Obligation” (CDO).
These mortgage-backed securities are put into a trust called a Real Estate Mortgage Investment Conduit Trust (REMIC Trust). A trustee like JPMorgan Chase or Bank of America or Wells Fargo is then chosen to oversee the trust. The trust is usually called something like Alternative Loan Trust 2010-XYZ Certificate series. (The year indicates when the trust was opened).
Each trust is then insured with what is referred to as “credit default swaps” that way if a homeowner defaults, the bank cashes in on the insurance policy which is up to 30 times the amount of the home. For example if a person purchases a home for $200,000 the insurance money the bank would get is ($200K X 30)= $6,000,000, for just one home. The bank then sends the homeowner an eviction notice and sells the home again for perhaps $80,000. This money is mostly pocketed by the foreclosure attorneys who run the scam for the banks.
The problem is, during the bailout, the government gave JPMorgan Chase & Company, $390 billion as the Troubled Asset Relief Program (TARP). At the time of the bailout, the bank then declared the derivatives (mortgage-backed securities/collateralized debt obligations) in its possession as “toxic assets.” Upon declaring the CDOs toxic assets, the trusts became defunct and ceased to exist. In other words, the trusts were empty, because the government bought all of them out through TARP. However, because of greed, these banks continued to sell derivatives knowing that those mortgage-backed securities were never mortgage backed and the trusts were empty. That’s how they caused the financial meltdown that started in 2007 and is continuing to be felt to this very day.
So even if JPMprgan Chase and Co. were to pay $13 – $23 billion out of the $390 billion they received, it wouldn’t hurt them. It would be like a drop in the bucket…all of which is taxpayer money. What!
The banks defrauded the federal government (by taking TARP money and continuing to sell bogus mortgage-backed securities); they defrauded investors (by selling them bogus mortgage-backed securities from phantom trusts); they defrauded homeowners (by selling the titles to their homes multiple times on the secondary market, hence creating a cloud on those titles); and finally, they are defrauding the court system (through the use of greedy corrupt attorneys who use forged documents to steal thousands of properties across America, on behalf of trusts that do not even exist!)
Obama is finally cracking down on the big fish. The corrupt attorneys in this game are like sardines, the CEOs like Jamie Dimon, are the crocodiles Obama is going after. I’ve been to Africa and I have swum in the River Nile. Anyone will tell you that before you can safely swim or fish in the Nile, you have to make sure the area is not infested with crocodiles. What Obama is doing is, he’s getting rid of the crocodiles, and once he is done with them, then he’ll go after the sardines.
There is an old African saying that goes: “The big fish is caught with the big hook.” The big fish here are the bank CEOs, the big hook is the Department of Justice.
The entire story about this fraudulent scheme and the settlement between JPMorgan Chase and the Justice Department can be found here.
Newscast Media WASHINGTON, D.C.—The Securities and Exchange Commission has charged UBS Financial Services Inc. of Puerto Rico and two executives with making misleading statements to investors and concealing material information regarding securities. However, this approach is very unique that the SEC is taking. It bypasses the courts by the use Administrative Procedure Act, and directly charges the banks and executives involved with securities fraud, and even imposes a fine.
This is very powerful because the majority of judges in federal courts do not understand securities; attorneys also do not know how to defend such cases because they do not learn about securities laws in law school, so rather than risk losing a case based on a technicality or a judge’s unwillingness to address fraud committed by banks, the SEC is charging them directly and writing orders very much like a judge would do. This out-of-court approach will help investors and beneficiaries of fraudulently-created trusts resolve cases in which mortgage-backed securities are involved.
Just like a judge can issue an injunction, the SEC’s version is to issue a cease and desist from violating the Securities Act of 1933. Which means if a bank defrauds investors in regard to the existence of Trusts that don’t exist, and they bring it to the awareness of the SEC rather than the courts, they can receive relief for the fraud. Homeowners whose mortgages were put in defunct trusts secured by their deeds of trusts, benefit from such an order because it prohibits the banks and their agents from ever receiving any financial gain relating to such trusts. This way, homeowners are quietly winning injunctions against the big banks, without having to deal with the courts or when ruled against by the courts.
In this particular case of UBS in PR, the SEC used the Administrative Procedure to resolve the case. Here is exactly what the SEC said in its order:
In view of the foregoing, the Commission deems it appropriate and in the public interest to impose the sanctions agreed to in UBS PR’s Offer.
Accordingly, pursuant to Section 8A of the Securities Act, and Sections 15(b) and 21C of the Exchange Act, it is hereby ORDERED that:
A. UBS PR cease and desist from committing or causing any violations and any future violations of Sections 17(a) of the Securities Act, Sections 10(b) and 15(c) of the Exchange Act, and Rule 10b-5 of the Exchange Act.
B. UBS PR shall, within 14 days of the entry of this Order, pay disgorgement of $11,500,000.00, prejudgment interest of $1,109,739.94, and a civil money penalty of $14,000,000.00 to the Securities and Exchange Commission.
When a bank violates Section 17 of the Securities Act of 1933, it means there was fraud involved in the sale or acquring of securities. As I have said before in previous articles, almost 100 percent of the Trusts banks claim to be Trustees over do not exist, so the mortgage-backed securities are not mortgage backed. Banks like Deutsche Bank, Option One, Wells Fargo and many others that claim to hold mortgages for Trust XYZ on behalf of Certificate holders would be in violation of Section 17(a)(2) if the Trusts in which those alleged mortgage-backed securities they claim to own do not exist.
Violation of Section 17(a)(1) and 17(a)(2) of the Securities Act of 1933
Section 17 – Anti-Fraud Authority
Section 17(a) provides one of the central sources of anti-fraud authority for law enforcement. In most securities actions you will see Section 17(a) used as a basis for jurisdiction (along with Section 10(b) of the Securities Exchange Act and Rule 10b-5 promulgated thereunder).
“It shall be unlawful for any person in the offer or sale of any securities or any security-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act [15 USCS § 78c note]) by the use of any means or instruments of transportation or communication in interstate commerce or by use of the mails, directly or indirectly (1) to employ any device, scheme, or artifice to defraud, or (2) to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.”
So when the SEC issues a cease and desist to a bank from committing or causing any violations and any future violations of Sections 17 of the Securities Act of 1933, it is an equivalent of a permanent injunction to enjoin(stop) the bank from claiming any property rights to the related trust as highlighted in Section 17(a)(2) above.
Unfortunately not too many homeowners or even their attorneys are familiar with SEC rules, to be able to benefit from the rulings that are happening in regard to fraud. Only the savvy homeowners are the ones benefiting from such rulings, and when a “clear title” is filed, the bank, in accordance to the SEC order, cannot attempt to claim ownership over a property tainted with fraud, or else it will be in violation of the SEC order. This is something the media is forbidden to report, because the large corporations own the corporate media, and do not want an awakening to occur. You may read or download the UBS cease and desist order here.