The Securities and Exchange Commission
today charged
two former State Street Bank and Trust Co. employees with misleading the company's investors about their exposure to
subprime investments.
John Flannery and James Hopkins are accused of marketing a
product called a Limited Duration Bond Fund as an alternative to a money market
fund for certain types of investors. By 2007, the fund was almost wholly
invested in subprime residential mortgage-backed securities and derivatives,
but the fund was marketed as less risky than a money market fund, and the
concentration of subprime securities was not disclosed.
"Hopkins and Flannery misled State Street's investors about the
risks and credit quality of a fund concentrated in subprime bonds and other
subprime investments," said Robert Khuzami, director of the SEC's enforcement division.
The SEC went on to allege that some clients - such as investors
who sat on internal advisory groups - got more complete information about the
fund than others.
In February, the firm settled a related case by repaying
investors $300 million. As part of that settlement, the SEC gained access to
information about individuals involved with the fund.
Separately, State Street paid nearly $350 million to settle
private lawsuits.
Hopkins and Flannery are accused of playing an "instrumental
role" in drafting misleading communication to investors about the fund starting
in July 2007, according to the SEC. Flannery served as a chief investment
officer, and Hopkins was a product engineer at the time. Hopkins later led
State Street's product engineering for North America.
State Street Bank is a subsidiary of State Street Corp., which
received $2 billion in taxpayer capital through the Troubled Asset Relief
Program in 2008. It repaid the money last year, and gave the Treasury
Department an additional $60 million to repurchase the warrants it issued in
connection with the TARP aid.
