Citigroup settlement with SEC rejected
A federal judge challenged a decades-old practice of the Securities and Exchange Commission (SEC) Monday, by rejecting a $285 million settlement between the SEC and Citigroup.
November 29, 2011 at 07:49 AM
2 minute read
The original version of this story was published on Law.com
A federal judge challenged a decades-old practice of the Securities and Exchange Commission (SEC) Monday, by rejecting a $285 million settlement between the SEC and Citigroup.
In recent cases involving Wall Street giants such as Bank of America, JPMorgan Chase and UBS, the SEC allowed the companies to settle cases without admitting any wrongdoing. For Citigroup, however, Judge Jed S. Rakoff of the U.S. District Court in Manhattan prevented a settlement in his 15-page ruling.
According to his ruling, the agency's settlement with Citigroup did not reflect whether it was “fair, reasonable, adequate and in the public interest.” Rakoff, a frequent critic of the SEC, explained the agency “has a duty, inherent in its statutory mission, to see that the truth emerges,” and that the $285 million settlement “is pocket change to any entity as large as Citigroup.”
The SEC disagreed, saying a settlement is often the only feasible option, given the agency's lack of money or staff to combat Wall Street firms, many of which rarely admit unlawful activity because it can be used against them in investor lawsuits. SEC Director of Enforcement Robert Khuzami said in a statement that the settlement “reasonably reflects the scope of relief that would be obtained after a successful trial.”
The Citigroup case involves the bank allegedly stuffing a $1 billion mortgage fund sold to investors in 2007 with securities likely to fail, in order to profit from its customers when values declined. The SEC claimed Citigroup misled investors and made $160 million from the deal.
Rakoff has directed the SEC to amend the settlement or prepare to begin a trial on July 16, 2012.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFired NLRB Member Seeks Reinstatement, Challenges President's Removal Power
GOP-Led SEC Tightens Control Over Enforcement Investigations, Lawyers Say
GOP Now Holds FTC Gavel, but Dems Signal They'll Be a Rowdy Minority
6 minute readTrump's Inspectors General Purge Could Make Policy Changes Easier, Observers Say
Trending Stories
- 1Rejuvenation of a Sharp Employer Non-Compete Tool: Delaware Supreme Court Reinvigorates the Employee Choice Doctrine
- 2Mastering Litigation in New York’s Commercial Division Part V, Leave It to the Experts: Expert Discovery in the New York Commercial Division
- 3GOP-Led SEC Tightens Control Over Enforcement Investigations, Lawyers Say
- 4Transgender Care Fight Targets More Adults as Georgia, Other States Weigh Laws
- 5Roundup Special Master's Report Recommends Lead Counsel Get $0 in Common Benefit Fees
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250