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JPMORGAN CHASE WHALE TRADES: A CASE HISTORY OF DERIVATIVES RISKS AND ABUSES

JPMORGAN CHASE WHALE TRADES: A CASE HISTORY OF DERIVATIVES RISKS AND ABUSES

JPMORGAN CHASE WHALE TRADES: A CASE HISTORY OF DERIVATIVES RISKS AND ABUSES

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273<br />

had increased in size since January and had changed from a net short to a net long posture, 1536<br />

signaling short-term changes in the portfolio’s size and strategy. In addition, Achilles Macris,<br />

who oversaw the SCP trading, emailed Mr. Braunstein on April 8, 2012 that: “the most<br />

rewarding, short-term catalyst for CIO would be an MBIA related default event[.]” 1537<br />

His email<br />

did not discuss any “very long-term” decision-making measures regarding the SCP.<br />

Telling investors that “all of the decisions” in the SCP were made on a “very long-term<br />

basis” appears to have been an attempt to signal that the portfolio was handled in a conservative<br />

manner without the risks associated with short-term trading activities. It was also a description<br />

at odds with the facts, given that the SCP had tripled in size in just three months and had<br />

acquired billions of dollars in new credit derivative holdings in March alone which shifted the<br />

portfolio from a net short to a net long posture. Investors were not told that from 2011 to 2012,<br />

there were major strategic changes in the portfolio’s goals, tactical changes about how to<br />

accomplish those goals, and daily position transactions, sometimes of substantial volume,<br />

followed by escalating losses. They also weren’t told that, on March 23, 2012, Ms. Drew<br />

ordered SCP trading halted altogether so that the bank could analyze and gain control of the<br />

portfolio. By April 13, 2012, it was a portfolio in disarray, not one whose every decision had<br />

been made on a “very long term basis.”<br />

(4) Mischaracterizing SCP Whale Trades As Hedges<br />

In early April 2012, as the bank was responding to media inquiries about the whale<br />

trades, it made multiple statements that the purpose of the CIO’s Synthetic Credit Portfolio was<br />

to hedge the bank’s risks. For example, one article reported the following:<br />

“Joe Evangelisti, a spokesman for J.P. Morgan, declined to comment on specific<br />

trades, or Mr. Iksil, except to say that recent trades were made to hedge the firm’s<br />

overall risk. The group ‘aims to hedge the bank’s global structural risks and the<br />

unit’s investments are directly related to managing those risks,’ he said. The bank<br />

views its recent selling in the context of a range of related positions and feels its<br />

risk is now effectively balanced, added Mr. Evangelisti.” 1538<br />

Two days later, during the bank’s April 13 earnings call, Mr. Braunstein explained:<br />

“[W]e also need to manage the stress loss associated with that portfolio and – so<br />

we have put on positions to manage for a significant stress event in credit. We've<br />

had that position on for many years, and the activities that have been reported in<br />

the paper are basically part of managing that stress loss position, which we<br />

moderate and change over time, depending upon our views as to what the risks<br />

are for our stress loss from credit. All of those decisions are made on a very longterm<br />

basis. They're done to keep the company effectively balanced from a risk<br />

1536<br />

See 4/12/2012 email from Ina Drew, CIO, to Jamie Dimon, Douglas Braunstein, JPMorgan Chase, and others,<br />

“Synthetic Credit Materials,” at JPM-CIO-PSI 0001103 (see table comparing “main exposures” of the book in<br />

January and Current).<br />

1537<br />

4/8/2012 email from Achilles Macris, CIO, to Ina Drew, CIO, and others, “Synthetic Credit Summary,” JPM-<br />

CIO-PSI 0001588 (underline in original).<br />

1538<br />

“Making Waves Against ‘Whale,’” Wall Street Journal, Katy Burne (4/11/2012).

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