Deutsche Bank to settle US probe for $7.2bn

The Deutsche Bank headquarters in Frankfurt, Germany. AP Photo/Michael Probst, File.

The Deutsche Bank headquarters in Frankfurt, Germany. AP Photo/Michael Probst, File.

Published Dec 23, 2016

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Zurich - Deutsche

Bank said it reached a $7.2 billion agreement to resolve a years-long US

investigation into its dealings in mortgage-backed securities, removing a legal

hurdle that fuelled investor angst.

Deutsche Bank

will pay a $3.1 billion civil penalty and provide $4.1 billion in relief to

consumers under a settlement in principle with US authorities, according to a

statement early Friday. The fine will cut pretax profit by $1.2 billion this

quarter as the firm taps existing legal reserves to blunt much of that cost.

The relief may drag on earnings for years.

The deal is far

below the Justice Department’s initial request of $14 billion, which had

spooked stock and bond holders earlier this year, rattling entire markets. The

agreement reached by negotiators will probably spare the bank from having to

raise capital, said George Boubouras, the chief investment officer of

Melbourne-based Contango Asset Management.

“It’ll be a

relief to investors,” said Boubouras, whose firm oversees about A$650 million

($470 million) of equity investments.

Ahead of

Friday’s statement, analysts at Keefe, Bruyette & Woods had estimated a

fine exceeding $9 billion would cause the bank’s capital to fall to dangerous

levels requiring action.

Tapping reserves

Germany’s

biggest bank still faces US probes into other matters and potentially expensive

civil suits - liabilities that CEO John Cryan has set out to resolve as he

seeks to restore confidence.

Deutsche Bank

had set aside 5.9 billion euros ($6.2 billion) for all of its outstanding legal

costs as of September 30, when its common equity Tier 1 ratio, a measure of

financial strength, stood at 11.1 percent. The bank targets a level of at least

12.5 percent in 2018. Each $1 billion of litigation costs not covered by

provisions would lower the ratio by 20-25 basis points, Bloomberg Intelligence

analyst Arjun Bowry has estimated.

Read also:  Regulator ends Deutsche Bank probes

Friday’s

statement indicates that about $2 billion of the stockpile was earmarked for

the mortgage-securities case. The consumer relief doesn’t have to be

provisioned in the same way as the civil penalty because it will be provided

through loan modifications or other assistance over five years or more. In

other settlements, banks haven’t typically booked immediate charges for

relief, instead incurring costs as a longer-term drag on profits.

“The financial

consequences, if any, of the consumer relief are subject to the final terms of

the settlement, and are not currently expected to have a material impact on

2016 financial results,” the bank said in its statement.

In a related

case, the Justice Department sued Barclays for fraud over its sale of mortgage

bonds after the bank balked at paying the amount the government sought in

negotiations. The lawsuit announced on Thursday is rare for big banks, which

typically settle with the government rather than risk drawn-out litigation and

a possible trial.

Mortgage probes

The Obama

administration is pressing to wrap up investigations of Wall Street firms for

creating and selling the subprime mortgage bonds that fuelled the 2008

financial crisis. Authorities have already extracted more than $46 billion in

fines from six US financial institutions over their dealings in mortgage-backed

securities. Bank of America Corp., which had the largest such settlement,

agreed to pay $16.7 billion over bonds that were worth four times those of

Deutsche Bank.

Deutsche Bank

said in September that the Justice Department had made the opening $14 billion

request and that executives had no intention of paying that amount. The news

spurred concern about whether the firm had enough capital, roiling markets

around the world while pushing the company’s stock to a record low. The shares

have since pared losses.

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The agreement

doesn’t resolve probes into whether Deutsche Bank manipulated foreign-currency

rates and precious metals prices and whether it facilitated transactions that

helped investors illegally transfer billions of dollars out of Russia. Deutsche

Bank also faces civil lawsuits related to claims that its traders manipulated

key interbank interest rates. It isn’t clear how much more wrapping up these

cases will cost.

Deutsche Bank

already has paid more than $9 billion in fines and legal settlements worldwide

since the start of 2008, according to data compiled by Bloomberg. That includes

settlements related to violations of US sanctions, rigging of interest-rate

benchmarks and allegations that it defrauded US-backed mortgage issuers Fannie

Mae and Freddie Mac.

Year of struggle

A slump in

earnings, negative interest rates and challenging markets have caused the bank

to continue to struggle this year. Cryan’s strategy, announced in October 2015,

called for cost cuts and the elimination of dividends for two years to preserve

capital. Deutsche Bank has said it may not be profitable in 2016 as it focuses

on moving past its legal battles.

At least four

other European banks remain under investigation over the role of their

mortgage-backed securities business: Credit Suisse Group, UBS Group, HSBC

Holdings and Royal Bank of Scotland Group. In addition to Bank of America, US

banks that have settled include Goldman Sachs Group, JPMorgan Chase & Co

and Morgan Stanley. Wells Fargo & Co and Moody’s have disclosed US

investigations into their mortgage-backed securities dealings and have said

they’re cooperating.

-With assistance from Tom Schoenberg, David

McLaughlin and Ruth Liew.

BLOOMBERG

 

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