Merrill Makes Springfield, MA Whole on CDOs Gone Bad

Merrill Lynch has been under investigation by the Massachusetts state attorney general’s office over the sales of CDOs to Springfield that had fallen in price by 91%. The issue was that Springfield had made clear that its investment policies were conservative and these instruments were clearly inappropriate. There was further fuel for the fire in that the Merrill office responsible for the sale, in Quincy, MA, was also being investigated by the state of Maine.

Merrill decided to reimburse Springfield for its losses and costs rather than suffer continued embarrassment, particularly when it stood good odds of losing were it to fight. From the Wall Street Journal:

Merrill Lynch & Co. has bought back, from Springfield, Mass., complex debt securities that rapidly collapsed in value during the credit crisis.

The securities, known as collateralized debt obligations, were repurchased at the same price of $13.9 million that Merrill initially sold them to the city last spring. These CDOs, which are pools of debt that included subprime mortgages, are worth only $1.2 million, according to a recent Merrill account statement for Springfield.

Merrill also agreed to pay outside legal fees incurred by the Springfield Finance Control Board, which overseas the city’s finances.

“The City of Springfield and the Springfield Financial Control Board have said that neither body approved the purchases of these investments,” said Mark Herr, a Merrill spokesman. “After carefully reviewing the facts, we have determined the purchases of these securities were made without the express permission of the city. As a result, we are making the city whole and we have taken appropriate steps internally to ensure this conduct is not repeated.”

The Massachusetts Attorney General’s Office said it continues to investigate the sale. “We are still reviewing this matter to determine if additional action by our office is necessary,” said Melissa Sherman, a spokeswoman….

“Springfield deserved to get the money back, and Merrill has acknowledged that,” said Richard Rosenweig, a partner at Goulston & Storrs, attorneys for the Springfield Finance Control Board

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4 comments

  1. Anonymous

    >> Springfield Financial Control Board have said that neither body approved the purchases of these investments,” said Mark Herr, a Merrill spokesman. “After carefully reviewing the facts, we have determined the purchases of these securities were made without the express permission of the city.

    I dont get it, then how did Springfield end up with these and who was able to purchase these in the name of the city, and thus who sold them? Did some rouge citizen write a check from Springfields check account? Whats going on here?

  2. Anonymous

    Apparentaly, Merrill was given the keys to the city; hope this is an isolated case and that other keys around the country are safer!!!!!

    Two Merrill Lynch brokers in Albany used city cash funds to purchase the complex investments without telling Springfield officials; moreover, state law forbids municipalities from investing cash in anything but conservative instruments. In an unusual move, Merrill essentially admitted wrongdoing on the part of its brokers.

    “The City of Springfield and the Springfield Financial Control Board have said that neither body approved the purchases of these investments,” the firm said in a statement. “After carefully reviewing the facts, we have determined the purchases of these securities were made without the express permission of the city. As a result, we are making the city whole and we have taken appropriate steps internally to ensure this conduct is not repeated.”

    Merrill declined to say whether the brokers were dismissed. The firm agreed to pay Springfield’s legal fees, which were approaching $200,000.

  3. Anonymous

    Feb. 1, 2008
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    NEW YORK (MarketWatch) — The Massachusetts Secretary of State is filing fraud and misrepresentation charges against Merrill Lynch & Co. (MER:

    … related to the securities it sold in the state. According to the Massachusetts’ complaint, Merrill sold the securities, called collateralized debt obligations (CDOs), to Springfield, Mass. for $13.9 million. Their value since has fallen to $1.2 million. Earlier, The Wall Street Journal reported that Merrill had bought back the securities from the city

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