Adding to Bank of America’s Countrywide Legal Woes, Prominent Institutional Investors File Lawsuit

In another legal blow to Bank of America, a group of 15 institutional investors has sued the bank for allegedly misleading investors about the integrity of its subsidiary Countrywide Financial’s financial condition and lending practices.

(August 1, 2011) – In the latest development of an ongoing legal saga, a group of 15 prominent institutional investors has sued Bank of America (BofA) for its subsidiary Countrywide Financial’s alleged improprieties involved with the sale of mortgage-backed securities.

The group, including BlackRock, the California Public Employees’ Retirement System (CalPERS), T Rowe Price Group, TIAA-CREF, and some in Europe, sued BofA in Los Angeles federal court, after deciding not to join a $624 million settlement that a court approved in February.

Accusing Countrywide Financial of perpetrating “massive and pervasive” fraud, the plaintiffs are suing BofA, which purchased the mortgage-lender on July 1, 2008, to recover their losses stemming from Countrywide’s sale of unsound mortgage-backed securities. According to the 425-page complaint, the 15 institutional investors alleged that Countrywide and its officials like former CEO Angelo Mozilo engaged in improper business practices and willfully misrepresented the integrity of the company’s lending practices and the quality of its mortgage-backed securities.

BofA pledged that it would fight the lawsuit. “It is unfortunate that select investors chose to opt out of a fair and equitable agreement to settle these issues,” Bill Halldin, a Bank of America spokesman, said to Reuters. “We intend to vigorously defend these claims.”

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The lawsuit comes on the heels of an announcement last month that BofA had agreed to a mammoth $14 billion settlement with investors who bought ill-fated subprime mortgage securities from Countrywide. About $8.5 billion of that settlement was earmarked for a group of larger investors led by Pacific Investment Management Co. (PIMCO), the Federal Reserve Bank of New York, and BlackRock. The settlement would have been the banking industry’s largest single settlement stemming from the 2008 housing market collapse, though it seems that some embittered investors, including BlackRock, were not happy with the size and details of the proposed deal.

The 15 institutional investors’ lawsuit is not the first legal challenge to BofA’s proposal to end litigation with Countrywide investors. On July 5, a group of 11 mortgage-bond investors calling themselves Walnut Place filed a challenge in New York County Supreme Court attacking the July deal’s fairness.

“Walnut Place has serious concerns about the secret, non-adversarial, and conflicted way in which the proposed settlement was negotiated and about the fairness of the terms of the proposed settlement,” said the group in the court filing.



<p>To contact the <em>aiCIO</em> editor of this story: Benjamin Ruffel at <a href='mailto:bruffel@assetinternational.com'>bruffel@assetinternational.com</a></p>

Investors Can Receive Best Returns With Smallest Asset Managers, Research Shows

Global equities managers with smaller assets and fewer staff members receive the greatest excess returns, new research shows; at least one large US pension fund is investing accordingly.

(July 29, 2011) – New research from Russell Investments shows that global equities managers with fewer staff and funds under management outperform larger management teams in charge of more capital, according to Top1000Funds.

The research was gathered from 233 global equities managers that are part of Russell’s Global Equities Universe. According to Peter Gunning, Russell’s global chief investment officer, the findings are consistent with a long-established hypothesis that asset managers with fewer assets perform better than those with larger assets.

Even before the research was revealed, pension funds took stock in the hypothesis: DowJones’ Financial News reported that the California Public Employees’ Retirement System (CalPERS), the largest pension fund in the US, was continuing an initiative first started in 2000 to invest in small asset managers that the fund thought had promising growth prospects. In April, the pension giant acquired a 17.5% stake in boutique French asset manager Tobam, a former Lehman Brothers affiliate.

The research from Russell looked at average five-year annualized returns for managers, broken down by number of staff and by asset size. Returns for managers with five of fewer staff members averaged 2.58% better than Russell’s Global Large Cap Developed universe as a whole, while funds with six to ten staffers achieved 1.77% excess return. Meanwhile, funds with more than 30 staff members had returns 0.03% lower than the universe as a whole.

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A similar trend occurs when asset managers are broken down by asset size. Those who manage under $2 billion experienced 1.96% excess return and those who manage between $2 and $5 billion had excess returns of 1.21%. Funds managing over $5 billion had negative excess return that increased in magnitude when funds topped $15 billion.

Gunning attributed the trends to newer – and thereby smaller – funds’ more aggressive investment as they try to establish success. Paradoxically, once funds find success and have more investors, they become more concerned about risk exposure and the high returns that attracted investors often disappear.

“When you actually look at many asset managers when they first set up shop…in the main there is this window of opportunity where these managers typically perform very well relative to their peers,” Gunning said. “As the firm matures, maybe it attracts more assets, maybe the principals are beginning to become a little more concerned about ongoing business risk rather than investment risk, so we often see a period where these boutique managers start to move in-line with their peers.”



<p>To contact the <em>aiCIO</em> editor of this story: Justin Mundt at <a href='mailto:jmundt@assetinternational.com'>jmundt@assetinternational.com</a></p>

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