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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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SCP’s RWA total might be better – that is, lower – than anticipated. 404<br />

Her comments also<br />

underscored her reluctance to incur the costs associated with unwinding the SCP.<br />

64<br />

According to the bank, it ultimately decided to require the CIO to meet its original RWA<br />

405<br />

reduction target by the end of 2012, and no more.<br />

(7) Eastman Kodak Default<br />

Another key development early in 2012, was a declaration of bankruptcy by still another<br />

U.S. corporation, Eastman Kodak. This time, however, instead of producing profits, the<br />

bankruptcy resulted in the SCP’s losing money – an outcome contrary to the SCP’s purported<br />

function of providing loss protection against precisely that type of default. The loss also ended<br />

up reinforcing the CIO’s decision to increase rather than decrease the size of the SCP.<br />

The Eastman Kodak loss had its roots in a December 2011 decision to reduce the CIO’s<br />

net short position. JPMorgan Chase told the Subcommittee that in December 2011, 406 some<br />

short credit protection instruments held in the SCP book expired, which “opened up default<br />

exposure,” meaning it exposed the SCP to possible losses if certain corporations were to default,<br />

since the SCP held the long side of several credit index tranches that tracked individual<br />

companies. 407 Notwithstanding the instruction to reduce RWA and to maintain less protection<br />

due to the improving economic environment, the CIO traders decided to buy short credit<br />

protection to replace most, but not all, of the instruments expiring in December. As an internal<br />

JPMorgan Chase presentation later explained in part: “In preparation for large expiry of HY<br />

[high yield] short risk positions in Dec’11 ... the HY short risk position [was] increased.” 408<br />

While the CIO traders acquired the new short credit instruments in December and early<br />

409<br />

January, they did not replace all of the expiring shorts due to the instruction to lower the<br />

SCP’s RWA and reduce its size due to the improving macroeconomic climate. By January 10,<br />

404 1/10/2012 email from Ina Drew, CIO, to Javier Matin-Artajo, CIO, “International Credit Consolidated P&L 09-<br />

Jan-2012,” JPM-CIO-PSI 0000075. Ms. Drew told the Subcommittee that, in January 2012, Mr. Dimon and Mr.<br />

Braunstein had not yet decided how much capital reduction would be sought from the CIO. Subcommittee<br />

interview of Ina Drew, CIO (9/7/2012).<br />

405 2013 JPMorgan Chase Task Force Report, at 28. It is unclear, however, what the ultimate RWA target was for<br />

the CIO in 2012, since different documents specified different targets, varying from $30 billion to $20 billion. See,<br />

e.g., id. (specifying $30 billion RWA reduction); JPMorgan Chase Task Force interview of Bruno Iksil, (partial<br />

readout to Subcommittee on 8/27/2012) (specifying $25 billion); 1/19/2012 email from Achilles Macris, CIO, to Ina<br />

Drew, CIO, and others, “Credit book Decision Table – Scenario clarification,” JPM-CIO-PSI 0000152 (specifying<br />

$20 billion). According to Mr. Martin-Artajo, the purpose of the RWA reduction had been to free up capital to<br />

enable the firm to buy back its stock from the marketplace. He indicated that the firm ultimately could not buy back<br />

as much stock as had been anticipated, which created less pressure to lower the CIO’s RWA by unwinding the SCP<br />

book. See also JPMorgan Chase Task Force interview of Javier Martin-Artajo, CIO (partial readout to<br />

Subcommittee on 9/6/2012).<br />

406 Subcommittee briefing by JPMorgan Chase (9/4/2012) (Jeanette Boot).<br />

407 JPMorgan Chase Task Force interview of Achilles Macris, CIO (partial readout to Subcommittee on 8/28/2012).<br />

For more information on credit indices, see Chapter 2.<br />

408 See 5/2012 “JPM CIO Synthetic Credit Presentation,” at 2, JPM-CIO-PSI-H 0000546.<br />

409 See, e.g., 1/20/2012 email from Keith Stephan, CIO, to Irvin Goldman, CIO, and others, “Breach of firm var,”<br />

JPM-CIO-PSI 0000142 (indicating purchases of short risk positions from December 21 through January 19).

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