Union Pensions Sue Bulge-Bracket Banks Over MF Global

Goldman Sachs, Citigroup are among those named in a lawsuit alleging misstatements regarding the European debt exposure of failed investment house MF Global.

(November 19, 2011) – Two union pension plans have sued Goldman Sachs, JP Morgan, Bank of America/Merrill Lynch, Citigroup, Deutsche Bank, RBS, and Jeffries & Co., alleging that the banks made misleading statements about the exposure of now-failed investment house MF Global.

Jon Corzine—the former Goldman Sachs CEO and head of MF Global—is also named in the lawsuit alongside the banks and MF Global itself. The IBEW Local 90 Pension Fund and the Plumbers & Pipefitters’ Local #562 Pension Fund filed the suit, and are attempting to gain class action status, according to reports from Bloomberg. The case is IBEW Local 90 Pension Fund v. Corzine, 11-8401, U.S. District Court, Southern District of New York.

The suit alleges that MF Global was able to raise upwards of $900 million because its exposure to European debt—which eventually led to its collapse—was being hidden.

MF Global filed for bankruptcy protection in late October. It had made large bets on European sovereign debt under the leadership of Corzine, and questions have been raised over the firm’s use of customer money in the firm’s proprietary trading accounts. The firm is currently under investigation over the issue of customer fund use by the Federal Bureau of Investigations, the CFTC, and the Securities and Exchange Commission (SEC).

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Union pension funds have been prodigious launchers of lawsuits following the financial crisis. In March 2011, the Arkansas Teachers Retirement System, the West Virginia Investment Management Board, and the Plumbers and Pipefitters National Pension Group were named as co-lead plaintiffs in an investor lawsuit against Goldman Sachs Group which alleged that the banking giant had misled investors over its ABACUS credit derivative, over which Goldman had already paid a $550 million settlement to the SEC. In March 2010, the Plumbers and Steamfitters Local 773 Pension Fund sought class-action status in a lawsuit accusing Canadian bank CIBC of securities fraud relating to mortgage-backed securities.



To contact the <em>aiCIO</em> editor of this story: Kristopher McDaniel at <a href='mailto:kmcdaniel@assetinternational.com'>kmcdaniel@assetinternational.com</a>

Eurozone Turbulence Prompts Uptick in US, Emerging Market Equities

A new Bank of America Merrill Lynch study has demonstrated that -- driven by Eurozone turbulence -- money managers are fleeing to US and emerging market equities. 

(November 17, 2011) — Eurozone turbulence is prompting money managers to seek US and emerging market equities, according to a study by Bank of America Merrill Lynch. 

According to the firm’s November survey of fund managers, a net 27% of investors are overweight in emerging markets during the month, up from a net 9% in October. Meanwhile, a net 20% of investors are overweight in US equities, up from a net 6% in October.

A total of 72% of European managers who responded to the survey believe that Europe will sink into a recession in the next 12 months, up from a net 37% in October. Yet, fears about a global recession have waned slightly, with a net 31% of global investors expecting the world economy to avoid a recession, up from a net 25% the previous month.

“Strong macro headwinds and uncertainty about global growth kept investors stubbornly bearish in November,” the report stated. “Unsurprisingly, cash levels remained elevated at 5.0%. Despite broad risk aversion, however, investors became more constructive on EM as the relative growth potential, policy options, and equity underperformance gained investor attention…Sentiment also improved on China, where growth expectations became less grim (-25% this month from -47% last month) and the vast majority of investors now expect a ‘soft’ landing.”

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In August, the firm issued another report showing that global emerging markets have increased in popularity, as concerns about a weakening of the Chinese economy have subsided. The findings showed 19% expected the Chinese economy to weaken over the next year, down 20 percentage points from July. This improved outlook was supported by a shift toward commodities, Merrill said.

The firm’s evidence showcasing a greater attraction to US and emerging market equities follows a September report by the International Monetary Fund (IMF) that revealed that pension and insurance funds may up their allocation to equities and other riskier assets in emerging and developing countries. According to the group’s Global Financial Stability Report, historically low interest rates in industrialized markets are threatening pension plans in Canada, Germany, Japan, Switzerland, Britain and the United States. Due to the low interest rate environment of those markets, pension and insurance vehicles are being left underfunded as a result of their reliance on traditionally safe investments, which are yielding little or nothing.

Consequently, the IMF noted opportunity in more aggressive, relatively riskier assets.

The report stated: “Investing in emerging markets is seen as potentially increasing portfolio returns without taking on excessive risk. A number of factors contribute to this view, including (i) underweighting of emerging markets in most portfolios (although exposure was already increasing before the crisis), so that emerging market assets can help diversify portfolios; (ii) low returns and increasing risk in advanced economies; (iii) a favorable view of the liquidity available in most large emerging markets; and (iv) an improvement in economic outcomes and a decline in policy risk in emerging markets.”

In addition, the report concluded that new regulations designed to help lower exposure to high risk investments may actually be undermining global financial stability. “With many first-time investors taking advantage of the relatively better economic performance of these countries, the risk of a reversal cannot be discounted if fundamentals — such as growth prospects or country or global risk — change,” according to the report. “For larger shocks, the impact of such reversals could be of the same magnitude as the pullback in flows experienced during the financial crisis.”



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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