JPMorgan Chase & Co. (NYSE: JPM) announced today that it reached a
settlement with the Securities and Exchange Commission (SEC), the U.S.
Internal Revenue Service (IRS), the Antitrust Division of the U.S.
Department of Justice (DOJ), the Office of the Comptroller of the
Currency (OCC), the Federal Reserve Bank of New York, and a group of
State Attorneys General to resolve their investigations of the conduct
of certain former employees on the municipal derivatives desk, which was
discontinued in September 2008. The settlement covers conduct claimed to
have taken place on that desk in or prior to 2006.
JPMorgan Chase does not tolerate anticompetitive activity or other
violations of law. The firm assisted the government agencies in their
investigations and is pleased to have resolved this matter with its
regulators. The majority of the funds being paid under the settlement
agreements will be distributed to municipalities and other tax-exempt
issuers.
The investigations focused on a small desk that was discontinued and on
certain employees who are no longer with the firm. These employees
concealed their conduct from management.
The firm’s policies -- both now and during the period in question --
expressly prohibit the conduct that gave rise to these proceedings.
During the course of the investigations, the firm initiated enhanced
supervisory protocols and worked with its regulators to further
strengthen its compliance programs in the public finance business. These
improvements included implementing a heightened supervision program,
increasing surveillance, and increasing antitrust, ethics and other
compliance training. The firm will continue to strengthen these programs.
Under the terms of the settlements, JPMorgan Chase will pay a net amount
of $211.2 million as follows: $50.0 million to the IRS; $51.2 million to
the SEC; $35.0 million to the OCC; and $75.0 million to the State
Attorneys General. Of those funds, $129.7 million will be eligible for
distribution to municipalities and other tax-exempt issuers. The
settlements are not expected to have any material impact on the firm’s
earnings.
THE IRS AGREEMENT
Under the IRS Agreement, JPMorgan Chase agreed to issue the following
statement: JPMorgan Chase announced today that it has agreed to a
settlement with the Internal Revenue Service under which JPMorgan Chase
will pay $50 million for certain regulatory violations of the Internal
Revenue Code committed in connection with JPMorgan Chase’s role in
providing or bidding on guaranteed investment contracts, swaps and other
contracts with the issuers of municipal bonds or with entities which
borrowed the proceeds of such bonds from the issuer thereof or otherwise
were the beneficiaries of such bonds. Such issuers and beneficiaries are
primarily state and local governments but also include school districts,
universities, hospitals and charitable organizations.
This settlement agreement with the Internal Revenue Service is entered
with JPMorgan Chase to resolve violations of the Internal Revenue Code
resulting from participation in anti-competitive practices, such as
bid-rigging, in the municipal market in connection with certain
investment contracts and derivative transactions.
With respect to compliance by the affected issuers with the arbitrage
requirements of Section 148 of the Internal Revenue Code, under the
settlement agreement the municipal investment and swap contracts
associated with a State or local bond entered into with JPMorgan Chase
during the period 1997 through 2006 are deemed to have been entered into
on terms which represent the fair market value of such contracts.
Further, for purposes of Sections 103 and 141 through 150 of the
Internal Revenue Code, any settlement payments received from JPMorgan
Chase by affected issuers are not required to be included in proceeds or
gross proceeds of the related bond issue.
About JPMorgan Chase
JPMorgan Chase & Co. (NYSE: JPM) is a leading global financial services
firm with assets of $2.2 trillion and operations in more than 60
countries. The firm is a leader in investment banking, financial
services for consumers, small business and commercial banking, financial
transaction processing, asset management and private equity. A component
of the Dow Jones Industrial Average, JPMorgan Chase & Co. serves
millions of consumers in the United States and many of the world's most
prominent corporate, institutional and government clients under its
JPMorgan and Chase brands. Information about JPMorgan Chase & Co. is
available at www.JPMorganChase.com.
