Following Arrest of UBS Trader, S&P, Moody’s, Fitch Issue Review for Downgrade

UBS, which reportedly suffered a $2 billion loss from unauthorized trading at its investment bank, had its credit ratings put under review for potential downgrade by Standard & Poor’s, Moody’s Investors Service, and Fitch.

(September 16, 2011) — Ratings agency Moody’s, Standard & Poor’s (S&P), and Fitch Ratings have placed UBS on review for downgrade after its $2 billion unauthorized trading loss.

According to Moody’s, the review reveled the “ongoing weaknesses in the group’s risk management and controls that have become evident again.” S&P said in a statement that it will make a decision on the ratings “once further details emerge on the scale of the loss and the risk management lapses that enabled it to occur.”

UBS shares dropped 11% yesterday after news surfaced that the firm’s trader, Kweku Adoboli, had been arrested following suspicion of fraud and abuse of his position. The controversy over the London-based trader added to already difficult times for the Swiss bank, as Europe’s sovereign debt crisis continues to pummel financial institutions across the continent.

Moody’s continued to assert that UBS’ losses call into question the group’s ability to successfully complete the rebuilding of its investment banking operations. “We have continued to express concerns with regards to the ability of management to develop a robust risk culture and effective control framework while at the same time trying to re-establish its position in certain market segments,” the ratings firm said.

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In addition to Moody’s and S&P, Fitch Ratings has also asserted that it is placing UBS’s “viability rating” on review for a possible downgrade. “Fitch acknowledges that no control framework can fully protect a bank from a ‘rogue’ trader,” the rating company said. “However, the magnitude of the loss is large in the context of UBS’s reduced investment bank activities and compared to other ‘rogue trader’ incidents at other institutions. This incident strengthens the arguments for UBS to down-scale its investment bank.”



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

Jury Awards Gundlach $66.7 Million in Bitter Fight With TCW

Jeffrey Gundlach, who was fired from TCW Group and started DoubleLine Capital, won a $66.7 million jury award against his former employer.

(September 16, 2011) — Bond guru Jeffrey Gundlach has been awarded $66.7 million by a jury over unpaid wages following his split from money management firm Trust Company of the West.

A Los Angeles jury awarded TCW, a unit of French bank Societe Generale, no punitive damages. However, it found that Gundlach and his co-defendants breached their fiduciary duty to the firm by taking trade secrets. The bond star was also found liable for interfering with TCW client contracts.

The jury awarded Gundlach the millions of dollars in unpaid wages to be split among Gundlach and three other former TCW executives. In December 2009, Gundlach and the three executives — who joined Gundlach’s new firm, DoubleLine Capital — were fired from TCW. DoubleLine has attracted about $14 billion from investors in 20 months.

In response to the verdict, TCW stated:

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“We are gratified by the jury’s verdict, which speaks directly to the principles at the heart of this case — integrity, honesty and trust. The jury found that each of the defendants violated these principles — that each one of them breached their fiduciary duties and stole trade secrets and that Jeffrey Gundlach wrongfully and intentionally interfered with TCW’s business…Trade secret damages to TCW will be determined in a separate proceeding. The jury has made it clear that the principles of integrity, honesty and trust count.”

Last month, Gundlach told a Los Angeles jury that during a meeting with TCW Chief Executive Officer Marc Stern when he believed he was about to get fired, he offered roughly $350 million for 51% of the firm. “If you fire me, you’re going to blow up the firm,” Gundlach told Stern during the meeting, according to Bloomberg.  

While TCW claimed Gundlach stole its trade secrets, including client portfolio data, to start DoubleLine, Gundlach had countersued TCW and its parent firm. Seeking about $500 million, he accused the firm of firing him to avoid paying him a hefty chunk of promised income, and said that concerns over being fired drove him to develop a backup plan to start his own money management firm.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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