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JPMorgan Trading Loss: 3 Shareholder Suits Filed Alleging CEO Jamie Dimon Misrepresented Risk To Investors

Posted: Updated: 05/16/2012 2:38 pm

That didn't take long. Less than a week after JPMorgan Chase disclosed massive trading losses, investors who own bank stock have filed three different lawsuits alleging that bank officers failed to disclose information about the bad trade, which led to a sharp decline in the share price.

The shareholder suits, filed in U.S. District Court in Manhattan this week, claim that the bank misled investors ahead of its surprise announcement last Thursday that it lost $2 billion.

"The suits are going to pile up and pile up fast," said Dennis Kelleher, CEO of Better Markets, a nonprofit focused on financial reform. "It's no surprise that there are lawsuits, and there are going to be many more because in April, the CFO and CEO said that there was no risk. A 'tempest in a teapot' is what Jamie Dimon said."

Kelleher added, "And then a month later he said, 'Oops, the teapot blew up and it's going to cost you all a lot of money and we don't know what we're doing."

The first case to hit the dockets was a class action brought on Monday by Robbins Geller Rudman & Dowd, a well-known San Diego-based plaintiffs law firm, on behalf of investors who purchased JPMorgan stock between April 13 and May 11 of this year. The lawsuit alleges that JPMorgan CEO James Dimon and former Chief Investment Officer Ina R. Drew, along with others, "deceived the investing public regarding JPMorgan's business, operations and management."

Drew, who oversaw the division responsible for the massive losses, stepped down as Chief Investment Officer earlier this week. In a shareholders' meeting on Tuesday morning, Dimon sounded a note of contrition, as he had when news of the losses first broke last week. "This should never have happened," Dimon said. "I can't justify it and unfortunately these mistakes were self-inflicted."

The first lawsuit further alleges that Dimon and the others included misleading information about the bank's finances in company reports and press releases.

"Because of their possession of such information, the individual defendants knew or recklessly disregarded that the adverse facts specified herein had not been disclosed to, and were being concealed from, the investing public," the suit says.

Calls to lawyers for the plaintiff were not immediately returned. JPMorgan declined to comment on Wednesday.

The Wall Street Journal and Reuters reported on two other shareholder suits that were filed late Tuesday.

"What the Company did not reveal was that those losses were the result of a marked shift in the company's allowable risk model, undisclosed to investors, and the similarly clandestine conversion of a unit within the company that was touted as providing a conservative risk-reduction function into a risky, short-term trading enterprise that exposed the company to large losses instead," said one of the complaints.

After losing about 11 percent in the two trading days after the news of the loss broke, the stock rebounded more than 1 percent on Tuesday. That same day the FBI announced that it had opened an inquiry into the trading loss.

The central question in these cases and in the investigations begun by the FBI, SEC and Federal Reserve appear to be: Did the bank and its officers directly mislead the public and investors about the risks being taken by its chief investment office?

"What did [Dimon] know and when did he learn of the problems that caused the firm to become sufficiently concerned to begin unwinding its positions?" asked James Cox, a corporate and securities law professor at Duke University. "Was Dimon then just managing the press or managing the markets to aid in unwinding those transactions?"

The shareholders' suit brought on Monday by Robbins Geller points to excerpts of a transcript from a JPMorgan investor conference call with analysts and investors that took place in April. On the call, Dimon was asked about news reports that the CIO office was engaged in risky bets on credit derivatives. He downplayed the risks the London office was taking: "It's a complete tempest in a teapot. Every bank has a major portfolio; in those portfolios you make investments that you think are wise to offset your exposures."

Dimon has since apologized for the losses.

The plaintiffs seek unspecified monetary damages and a jury trial.

Emily Peck contributed reporting to this article.

Check out JPMorgan's whale fail and nine other big bank disasters below:
Loading Slideshow...
  • JPMorgan Chase Loses $2 Billion

    On May 10th, the U.S.'s largest bank JPMorgan Chase announced one of its London trading desks had lost <a href="http://www.huffingtonpost.com/2012/05/10/jpmorgan-chase-london-whale_n_1507662.html?ref=business" target="_hplink">$2 billion on bad bets on credit derivatives</a>.

  • UBS Trader Loses $2 Billion

    Kweku Adoboli, a trader for Swiss bank UBS, lost <a href="http://www.huffingtonpost.com/2011/09/15/ubs-traders_n_963715.html" target="_hplink">$2 billion on unauthorized trades in September 2011</a>.

  • MF Global Collapse

    Brokerage firm <a href="http://www.huffingtonpost.com/2011/10/31/mf-global-to-file-for-bankruptcy_n_1066902.html" target="_hplink">MF Global filed for Chapter 11 bankruptcy</a> in October 2011 after a failed $6 billion bet on European debt.

  • Rogue Societe General Trader Loses $6 Billion

    Hailed as "history's biggest rogue trading scandal" at the time, French trader Jerome Kerviel was convicted in October 2010 of <a href="http://www.huffingtonpost.com/2010/10/05/jerome-kerviel-rogue-fren_n_750464.html" target="_hplink">losing French bank Societe General around $6 billion</a> due to unauthorized trades.

  • Bear Sterns Bought By JPMorgan Chase

    After a run on investment bank Bear Sterns nearly caused its collapse in 2007, JPMorgan bought the firm for $2 a share the following March, <a href="http://www.businessweek.com/bwdaily/dnflash/content/mar2008/db20080316_356646.htm" target="_hplink">Businessweek</a> reports.

  • AIG Largest Single Bailout

    Insurance company AIG became the recipient of the <a href="http://www.huffingtonpost.com/2012/05/08/aig-bailout-realize-15-billion-profit-taxpaers-gao_n_1498645.html" target="_hplink">largest ever government bailout for a single corporation</a> when a $182 billion rescue package saved it from a liquidity crisis following a <a href="http://www.huffingtonpost.com/2012/05/08/aig-bailout-realize-15-billion-profit-taxpaers-gao_n_1498645.html" target="_hplink">downgrade of its credit rating</a> in 2008.

  • Washington Mutual Bankruptcy

    One of the biggest players in retail banking and mortgages during the housing crisis, Washington Mutual filed for Chapter 11 in September 2008, after sustaining losses on billions of dollars worth of mortgage and home loans, <a href="http://www.cnbc.com/id/46793926/WaMu_Emerges_From_Bankruptcy_Protection" target="_hplink">CNBC</a> reports.

  • Citigroup Bailout

    Citigroup came to the brink of collapse after it reported losses around $10 billion in 2007, in part due to failed mortgage investments, <a href="http://money.cnn.com/2008/01/15/news/companies/citigroup_earnings/index.htm" target="_hplink">CNNMoney</a> reported. To keep the bank afloat the government issued <a href="http://www.huffingtonpost.com/2008/11/23/feds-consider-plan-to-res_n_145856.html" target="_hplink">a $20 billion bailout in November of that year</a>.

  • Merill Lynch Shocks Investors With Big Loss

    After projecting a $4.5 billion loss during the third quarter of 2007, Merrill Lynch shocked investors by reporting a $7.9 billion deficit from trading mortgage-backed securities and other structured products, <a href="http://money.cnn.com/magazines/fortune/fortune_archive/2007/11/26/101232838/" target="_hplink">according to CNNMoney</a>.

  • Barings Bank Collapse

    One time star trader Nick Leeson was responsible for sinking British bank Barings after losing $1 billion when an an earthquake struck Kobe, Japan in 1995, causing his investments in the Nikkei to fail as the Japanese stock exchange crashed, <a href="http://www.time.com/time/specials/packages/article/0,28804,1937349_1937350_1937488,00.html" target="_hplink">TIME reported</a>.

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10:31 PM on 05/17/2012
Oh, just trust us for heaven's sake! Have you ever lied to you? Have we ever done you wrong?
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Raccoon1
These are the times that try men's souls........
10:27 PM on 05/17/2012
A hefty one-thousand dollar fine will be forthcoming, I'm sure. That will teach those rascals.
07:10 PM on 05/17/2012
Jamie Dimon admits his mistakes and moves on. Geithner and Bernanke keep repeating their mistakes, and are unwilling to admit failure, leaving the economy in taters. I'll take Dimon any day.
10:31 PM on 05/17/2012
Trust me, Dimon will take you.
05:39 PM on 05/17/2012
A public company lost their own money and the share holders are unhappy. Stock prices drop, even lawsuits are filed. No taxpayer dollars to socialize the losses. Some of those responsible have lost their jobs. Hopefully, this will be a lesson to others that the taxpayer won't be bailing them out if they make mistakes. Perhaps the shareholders will demand a decoupling of the CEO/Chairman of the Board/President jobs and allow Dimon to focus on doing one thing well instead of doing a mediocre job in 3 positions and losing billions of dollars. Many may back off from owning Morgan stock if the losses continue. Isn't that how things are supposed to work?
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Raccoon1
These are the times that try men's souls........
05:30 PM on 05/17/2012
Dimon has been recognized as 'the best in the business.' If this happened under his watch, what's going on in the other institutions?
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creativ786
independent of the left a centrist for life
05:40 PM on 05/17/2012
As long as they submit campaign donations to those in power , is the question.. Watch who curries political favors. Heck Eric Holder came out of a group of attorney's that represented Goldman prior to being in the administration.. thay are all crooked ..
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HUFFPOST SUPER USER
deltalady
01:57 PM on 05/17/2012
But that can't be true...only the other day the President was praising Dimon as being one of the smartest guys around and Chase one of the best banks around. Even in the middle of a financial meltdown, this WH will always support Dimon, et al.
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HUFFPOST SUPER USER
Ian OFull
Left Independent. Pro-Solutions/Anti-Fear.
03:15 PM on 05/17/2012
Actually, what he said was that they were one of the better companies that do what they do and that is why folks thought if anyone could get it right it would be them. He went on to say that if they can't get it right then it calls into question if any of them can and that that is why regulation is required.
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creativ786
independent of the left a centrist for life
05:42 PM on 05/17/2012
Eric Holder was counsel at a firm that represented big banking interests.. prior to being made the selection as AG.. I'm not sure this has been fully vetted..
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redsongia
is not Chicago
05:54 PM on 05/18/2012
Because you have no idea how to "vet" it, that's why.
c0astalgreens
Your soul needs faith, bread alone won't do.
01:48 PM on 05/17/2012
If you all are just content in looking the surface instead of the deep root cause of social ills ,you will continue to have these kinds of problems until you reach the point of no return and that is doomsday.

Well educated people failed not because they came from schools of high learning and so high morals are expected of them, but because they were taught that evolution is a fact, no GOD, just driven by involuntary process of nature and therefore is free to do anything especially if they can get away with it, everything or evil greed is fair game in a godless world. This is one of the major root cause of so many social ills that we are having today ranging from moms killing their kids to party to wallstreet screwing investors because there is no GOD to worry.

In other words, Secular Humanists have failed and failed terribly and their fundamentals which includes Evolution is now shown to be Child Abuse as it continually demeans our children's lives or people's lives to become wild, feeling unaccountable because evolution or nature is the excuse and to be blamed. The grim evidence of this failure are all around for you to see.
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HUFFPOST SUPER USER
Ian OFull
Left Independent. Pro-Solutions/Anti-Fear.
03:22 PM on 05/17/2012
Evolution is fact. In fact many scientists, believe both in evolution and God. One is a matter of fact and the other is a matter of faith. God doesn't need you to defend faith. Faith is a choice.

Child abuse is telling your child that mutations don't occur naturally that benefit and hinder all living things as demonstrated by many Nobel prize winning faith believers.
c0astalgreens
Your soul needs faith, bread alone won't do.
02:15 PM on 05/19/2012
“The problem of consciousness tends to embarrass biologists. Taking it to be an aspect of living things, they feel they should know about it and be able to tell physicists about it, whereas they have nothing relevant to say.” (Dr. George Wald, Nobel Prize winning biologist)

Who are these nobel prize winners you are talking about ? The above clearly invalidates you !

Unless you can explain to the reading rational punblic how man's consciousness evolves or mutates, you are in no position to jump into a pit screaming evolution of man is a fact. Consciousness is still science' greatest mystery as they have always said.

Do not worry, you are not all alone in your groundless view., there are many here in HP who supports you. 8)
05:33 PM on 05/17/2012
Thanks for the laughs.
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Captain Hindsight
Seeking the truth is my only agenda.
12:10 PM on 05/17/2012
He forgot to tell the shareholders that he is clueless and makes way too much money!
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creativ786
independent of the left a centrist for life
05:43 PM on 05/17/2012
Holder and O have his back, He donated freely to O's campaign
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Captain Hindsight
Seeking the truth is my only agenda.
06:34 PM on 05/17/2012
What is your point?
10:39 PM on 05/17/2012
Don't be silly. These financiers give to both candidates. They like to cover all their bases.
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nypapajoe
12:00 PM on 05/17/2012
This fool needs to be indicted! He knew fron the very onset that the company was losing millions but kept it under wraps! Well they are 2 Billion Dollars down what to do? It's jail time to curtail others from doing the same with other people's money!
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HUFFPOST SUPER USER
Ian OFull
Left Independent. Pro-Solutions/Anti-Fear.
03:16 PM on 05/17/2012
He lied in April to his shareholders. Tempest in a teapot was a lie.
11:20 AM on 05/17/2012
Oh come on, let's give them bigger bonuses.
How else can they keep these "good people"
09:01 AM on 05/17/2012
This is what happens with greed.
-At first these executives justify their breaking the rules because they are doing it for their stockholders to get them the maximum return on investment.
-Then the execs start to get off on the power and money and they forget about their stockholders and want only to enrich themselves and get that high from the big deal.
-Finally, like any other addiction, the highs are never high enough so they push harder and take bigger risks.
The American people have been enabling these corrupt, greedy and addicted bankers. It's time for them to do some jail time and go cold turkey.
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Kassandra
Your micro-bio is empty
08:59 AM on 05/17/2012
They know what they're doing.
I feel sorry for anyone who has chosen to invest or do business with this bank. They've been crooks for a long time
07:14 AM on 05/17/2012
A few things people should bear in mind about this trade. (1) The exotic nature of the trade is making it almost impossible to determine the potential loss. (2) If JPM is making trades like this , is it not reasonable to believe that the counterparty may also be a bank? Moreover, how many US banks are currently making similar trades in which they do not understand the potential loss? (3) The fiasco at JPM is already beginning to undermine an already fragile banking structure as almost all banks now are suffering capital losses in the markets. Though we are being told that this is no big deal for JPM, isn't that what they were saying about Lehmann in 2007?

Finally everyone is saying we should not rush to make decisions about regulation here, because it could cause more harm then good. The reality here is that these men and women making, coordinating and authorizing these trades are a threat to every American. They are collectively a threat to our national security every bit as much and perhaps more than Al Quaida. Doing nothing here other than listening to the Swiss bank account politicians is outrageous. Federal regulators ought to be immediately launching investigations not only into ALL of JPM's trades but also to determine if the other banks are doing the same thing.
schatsie
Wall Street is Worse than Vegas
08:00 AM on 05/17/2012
How is this ONE BIT different from Long Term Capital Management and Enron? Wanna bet some of the money made it into untaxed offshore accounts?
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Kassandra
Your micro-bio is empty
09:01 AM on 05/17/2012
Easy to steal with all the "smoke in the umpire's eyes"
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HUFFPOST SUPER USER
Ian OFull
Left Independent. Pro-Solutions/Anti-Fear.
03:18 PM on 05/17/2012
You are so correct. F&F
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HUFFPOST SUPER USER
OHexpat12
06:08 AM on 05/17/2012
Don't wait for the uniparty to "break up the banks." Get your City Council to CONFISCATE big bank lands, place them in locally-controlled land banks. And for crying out loud make sure that people of the town/city are able to live under a roof and pay the salaries of the local police to enforce this decision.
05:11 AM on 05/17/2012
"The central question in these cases and in the investigations begun by the FBI, SEC and Federal Reserve appear to be: Did the bank and its officers directly mislead the public and investors about the risks being taken by its chief investment office? "

FBI, SEC, and Federal Reserve are either too stupid to investigate this or complicit in the fraud. They are not even asking the right questions.

It's not "if shareholders were misled", it's who got the money? DUH!!!
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creativ786
independent of the left a centrist for life
05:51 PM on 05/17/2012
Nope they have been pressing holder to press criminal charges againist Goldman and to date he has refused to do so..lots of raised eye brows .. But they reached a settlement that vacated a number of funny things in the spring with goldman and a number of other banks..

Be aware that Holder represented big bank concerns prior to coming to become the Ag.. Kind interesting that no one is sniffing out how O has a Million dollars in deposits with goldman.. funny bunch they are..

Lot more then a few shareholders getting the hood pulled over there eyes..
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redsongia
is not Chicago
05:53 PM on 05/18/2012
Here's some news for you, every single one of the top 100 firms in the US represents some large bank in some matter. Outside counsel is an arm's length relationship, and is not close to the business in the way their in-house or general counsel are. Also, these large outside counsel firms are usually thousands of attorneys large, so go into Westlaw or Lexis and run Holder's name to see for which specific cases he was named counsel. Then you'll know what he ACTUALLY worked on.