Citigroup’s (C) imminent charges could wind up packing a wallop for financial exchange traded funds [ETFs].

New York Attorney General Andrew Cuomo has said he plans to charge the bank with fraudulently marketing and selling auction-rate securities, as well as destroying subpoenaed documents, report Joseph A. Giannone and Jonathan Stempel for Reuters.

Cuomo has left open the possibility for a settlement, but any resolution is going to require that Citigroup buy back the affected debt at face value, pay damages and a penalty.

Other financial institutions are under the microscope of regulators, who are looking into auction-rate sales practices. They include many of the top holdings of financial ETFs, such as Bank of America (BAC), Merrill Lynch (MER), UBS AG (UBS) and Wachovia (WB).

Some ETFs that could be affected as the investigations progress include:

  • Financial Select Sector SPDR (XLF): down 25.4% year-to-date; Bank of America, 7.8%; Citigroup, 5.9%; Wachovia, 2.6%
  • KBW Bank (KBE): down 23% year-to-date; Bank of America, 8.2%; Citigroup, 6.7%; Wachovia, 5.3%
  • iShares MSCI Switzerland (EWL): down 9.7% year-to-date; UBS AG, 4.6%
  • iShares Dow Jones U.S. Financial Services (IYG): down 25.3% year-to-date; Bank of America, 8.8%; Citigroup, 7.5%

Tom Lydon

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This article has 18 comments:

  •  
    Aug 01 10:40 PM
    Crooks have wrapped up with fraud CDO-ABS-MBS-SIVs also called structured finance vehicles, most of these wraps come from Banks and Broker Firms, they misled the market with this fraud and now they are paying the price!
  •  
    Aug 01 10:50 PM
    It's amazing how NY Attorneys General run for Governor by trashing major employers.

    Can you imagine the Governor of Michigan suing Ford or the Governator of California suing Disney?

    No one expected these auctions to fail, but hindsight is a wonderful thing.
  •  
    Aug 02 12:04 AM
    mikeg3 - a key contention of these investigations will be that these banks were touting these products with increasing intensity, foisting them on naiive investors, when they knew that the market for these securities was freezing up. They made claims that they knew to be false at the time they made them. I don't think the cases will deal with sales made when the markets were liquid or even when the banks thought in good faith the market had a temporary problem. They will focus on time periods when the prosecuters can PROVE that the banks LIED. If the investing public comes to believe that the markets are rigged then the markets will cease to function. Mark my words.
  •  
    Aug 02 02:09 AM
    'pack a wallop'? wow how dramatic
  •  
    Aug 02 02:13 AM
    are you short on these etfs?
  •  
    Aug 02 02:14 AM
    are you short on these etfs?
  •  
    Aug 02 09:02 AM
    So the AG is going to follow the election playbook of Guiliani and Client #9.
  •  
    Aug 02 09:18 AM
    Thieves! Bloody thieves!
    Citi, et al.. have the integrity of loansharks.
    Go Cuomo! You're doing the right thing.
  •  
    Aug 02 09:24 AM
    UYG is the double long Banking, and SKF the double short - short the former or load up on the latter.
  •  
    Aug 02 10:57 AM
    Good. Let Cuomo crate a buying opportunity. 36 months from now this sector will be fully priced and fully recovered. You buy a UYG when things look dismal.
  •  
    Aug 02 11:00 AM
    Net effect = $0. Wallop, I don't think so. Old news, new day. This sort of thing has gone on for years, and will continue to go on for years. New faces, new games.......but it will always be that way. It's a catch me if you can world. Only a very short term effect if anything. If banks are going to go up near term, then they will. Shorts may run in for a short term profit and the longs will wait until they cover. I see it as win-win news for traders. That's all.
  •  
    Aug 02 11:55 AM
    contrariwise, meet user 182544. All markets are human mechanisms and are, thus, subject to mendacity, fear, greed, complacency and hubris; as well as transitory 'epiphanies'. These epiphanies are called rallies and corrections.
  •  
    Aug 02 11:59 AM
    people are SHORT or LONG...based on their analysis...

    Everyone probably has a "vested interest" in promoting their take on the outlook for mkts, sectors, or stocks.

    However, because they may/may not have a VESTED INTEREST...DOES "NOT NEGATE" their REASONING!

    in reality...being short or long on something...indicates.... PUT YOUR MONEY WHERE YOUR MOUTH IS.

    My take...

    how, can you be LONG the "financials" when the FUNDAMENTALS keep getting worse "day-by-day" ...week-by-week" etc.

    SHORTS have BACKUP OF FUNDAMENTAL DATA...
    ...and their "short" because that's the PROBABILITY OF MAKING A RETURN ON YOUR INVESTMENT.

    I LISTEN TO "all news, etc." AND TAKE A POSITION ...BASED ON "PROBABILITIES&qu... of a sector, stock, etc.

    whether, someone has or doesn't have a "so-called vested interest" GOES WITH THE news, analysis, etc.

    Who, convinces me...is the WAY...and WHAT SIDE I INVEST ON!

    short financials: all the fundamentals, news, statistics...STRONG CASE...

    long financials: CHEERLEADING MOSTLY...no facts or logic to support their position...

    suspect many LONGS are "shills" for "big boy investors" who like Lewis in the case of Bear Sterns...AFTER THEY TOOK A TERRIBLE LOSS as Bear Sterns kept declining over time...tried desperately to STAVE OFF "FURTHER LOSSES as Bear Sterns went down to like $2.

    Looks, to me like "evidence" is for WORSE NEWS for "many large financials" and they will GO THE WAY OF BEAR STERNS...

    screwing their investors...despite last minute help from the Gov to prop their prices, and rally the financials...but based on what...

    the gov will let you survive...even the Gov will stop support when IT REALIZES THIS price prop spin WILL FAIL...

    AND THE GOV WILL "TAKE OVER" MANY FINANCIALS or engineer Bear Sterns type buyouts...

    geez, the Treasury is putting itself in position to "buy your stock!"

    Hooray! ...you say...until you realize... they are not doing that to Prop your stock, or drive it up in an "unjustified by the fundamentals" rally...

    ...they know in the end, that when prop fails...THEY WILL BE BUYING YOU particulary FNM, FRE...FOR "PENNIES ON THE DOLLAR!"

    think about it...if your a "weak" big financial YOU'LL GO THE "BEAR STERNS "precedent!"

    FNN, FRE...another gov bureaucracy...

    but...you the "common shareholder" in these entities...

    ARE AT THE "BOTTOM OF THE TOTEM POLE" for "pennies on the dollar" (if that)...bondholders, preferred securities...

    get paid out of "what's left over" in liquidation...the future for many of you...

    Financials have not reached "bottom" ...the Gov just keeps lowering it...that's all.

    Most Financials are like the "former great city of New Orleans!"

    ...was always REBUILT "bigger and better" after each calamity...in the twentieth century...BUT NOT THIS TIME!

    just "small portions" mostly Gov related...

    so you still have a GS financial...small portion probable survivor...but MANY...will like

    New Orleans..."NEVER RECOVER!"

    your money longs... gonna go down with a "Lewis" ala "Bear Sterns" or put your money in something more LIKELY to Recover....

    flashrob
  •  
    Aug 02 12:17 PM
    It is interesting how various government entities and some trial lawyers feel that various investment firms’ are responsible for these failed auctions that worked well for a very long time. It was the slowly deteriorating finances of the investment banking firms which contributed to them not being able make satisfactory markets any longer particularly when individual participants also failed to show up. We ALL got too comfortable but the “ice” was getting “thinner” for quite some time.

    I suspect that the U.S. government at some point in the future is going to similarly have failed auctions rolling over our U.S T-bills, notes, and bonds. Our fiscal finances are a disaster! You can wait until these safe instruments blow up or better yet as a wise investor move your money and investments to “hard” currency countries. One day our AAA rating is going to be seen as a joke. And you won’t get a dime from suing the government for after all “you can’t fight city hall.”
  •  
    Aug 02 04:22 PM
    Pray tell: what countries have a "hard" currency? Do you suggest one backed by gold or are they not all fiat currencies?
  •  
    Aug 02 10:59 PM
    I don't like gold as and investment but it looks like if things get worse. I think it might be wise to load up on GLD for a temporary hedge against collapse of the financial markets. Hold GLD only until the financial markets are truly restored. Not being rallied by people in the government who know better and surly have broken US Law.
  •  
    Aug 03 09:29 AM
    Let me start by saying I have NEVER owned abank because 1) bankers seem to be poor judges of risk 2) they are not in control of their own destinys. Having said that enforcing this rule about short selling may sabilize the drops we have seen.Invest in other sectors like the ones listed on my freewebsite if you want to earn double digit returns."bottom fishing" on banks isnt worh the risk:yet
  •  
    Aug 04 10:02 PM
    Why not short the banks with tiny dividends like Wachovia and stay long the banks with large dividends?

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