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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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31<br />

combine them into a single dollar value for the entire basket. 138 Parties then enter into swaps<br />

that reference the index value. 139 The long party bets the index value will increase; 140 the short<br />

party bets it will fall. 141<br />

Investing in a credit index, whose value reflects multiple credit instruments, can be<br />

142<br />

analogized to investing in a portfolio of bonds or loans. The short buyer of a credit index, as<br />

with a credit default swap, typically makes an upfront payment reflecting the value of the index<br />

and then makes fixed periodic payments to the long party over a specified timeframe. 143 Those<br />

periodic payments are, again, typically referred to as premiums, coupon payments, or credit<br />

spreads. 144 When the instrument matures or expires, or a trade otherwise closes, the short party<br />

may be required to make a final payment reflecting the change in the value of the instrument. 145<br />

On the other hand, if a credit event takes place during the covered time period, it triggers a<br />

typically substantial payout by the long party to the short party. 146 After the credit event, the<br />

defaulting credit instrument is effectively eliminated from the index. 147<br />

Credit index transactions are typically entered into “over the counter” (meaning outside<br />

of a regulated exchange) between a licensed swap dealer and an investor, using standardized<br />

148<br />

documents. Once the initial index swap is executed, as the value changes, either party can<br />

trade or unwind its side of the bet. The index’s changing value typically reflects the initial index<br />

price or premium amount, which is also called the credit spread. 149 The parties holding a swap<br />

when the referenced index expires are typically required to make a final payment reflecting the<br />

value of the index at the time of expiration. 150<br />

IG9, HY, and iTraxx Indices. The CIO traded a variety of credit indices. CIO profitloss<br />

reports indicate that, by March 2012, the CIO held more than 100 different types of credit<br />

151<br />

derivative instruments. Its largest holdings involved indices administered by the Markit<br />

Group, Ltd., a global financial information services company that administers multiple index<br />

products. 152 Markit owns and operates the indices, and performs a variety of services related to<br />

them, including calculating the index values and publishing the daily index prices on its<br />

website. 153<br />

138<br />

Markit Credit Indices: A Primer, at 12-13.<br />

139<br />

Id. at 11.<br />

140<br />

Id., Appendix 4, at 34.<br />

141<br />

Id., Appendix 4, at 36.<br />

142<br />

See 2/6/2009 presentation prepared by JPMorgan Chase in response to a Subcommittee request, “CDO Briefing,”<br />

at 16, PSI-JPM-30-000001; see also Markit Credit Indices: A Primer, at 11.<br />

143<br />

Markit Credit Indices: A Primer, at 11.<br />

144<br />

Markit Credit Indices: A Primer, Appendix 4, at 30.<br />

145<br />

Id. at 11.<br />

146<br />

Id. at 13.<br />

147<br />

Id. at 14.<br />

148<br />

Id. at 11.<br />

149<br />

Id.<br />

150<br />

Id.<br />

151<br />

See, e.g., 4/10/2012 email from Julien Grout to “CIO Credit Positions” email group, “CIO CORE Credit<br />

Positions: 10-Apr-12,” JPM-CIO-PSI 0023061 (estimating the fair value of numerous credit derivative positions).<br />

152<br />

See Markit Credit Indices: A Primer, Appendix 1, at 19-21; see also 4/10/2012 email from Julien Grout to “CIO<br />

Credit Positions” email group, “CIO CORE Credit Positions: 10-Apr-12,” JPM-CIO-PSI 0023061.<br />

153<br />

Markit Credit Indices: A Primer, at 7. The prices are freely accessible to the public at www.markit.com. Id. at<br />

12.

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