NEW YORK – The nations largest banks face billions of dollars in legal costs related to their role in the financial crisis, threatening their profits and the stock price gains they made in 2010, analysts said.
JPMorgan Chase, the nations second biggest bank, reported $5.2 billion of legal costs in the first nine months of last year, compared with a gain of $10 million in the same period a year earlier. The costs would rise if the bank reserves for multibillion-dollar lawsuits by Lehman Brothers Holdings and the trustee liquidating Bernard Madoffs firm.
Bank of America, the largest U.S. bank, and Citigroup, ranked third, are also besieged by lawsuits stemming from the credit crisis, brought by plaintiffs such as foreclosed-upon homeowners and institutional investors whose mortgage-backed bonds turned out to be money-losers.
Theyre under legal attack, said Richard Bove, an analyst at Rochdale Securities in Lutz, Fla. Theyre similar to the asbestos or the tobacco industry, and theyre going to be repeatedly sued in the next few years.
JPMorgans third-quarter net profit of $4.4 billion, up 23 percent from the year earlier, would have been larger if it hadnt set aside $1.3 billion of pretax income for lawsuits and $1 billion for mortgage repurchases. Banks havent yet reported their results for the fourth quarter.
Litigation aint going away, Chief Executive Officer Jamie Dimon told analysts on an Oct. 13 conference call. Its becoming a cost of doing business.
At least JPMorgans shareholders are more likely to be informed about legal expenses than are some other bank investors. The bank, which used the word litigation about 50 times in its latest 10-Q filing with the Securities and Exchange Commission, discloses more about lawsuits effect on results than Citigroup or Wells Fargo, and has been taking larger reserves than some rivals, according to company filings.
Stephen Cutler, JPMorgans in-house lawyer and a former SEC enforcement chief, declined to comment through bank spokesman Joseph Evangelisti.
Bankrupt Lehman is claiming $8.6 billion in collateral from JPMorgan plus tens of billions of dollars in damages, while Madoff trustee Irving Picard is demanding $6.4 billion on the grounds that JPMorgan aided and abetted the biggest Ponzi scheme in history.
Investors concerned that they arent getting enough information to assess litigation risks spurred the Financial Accounting Standards Board to issue proposals last year that would make banks estimate legal losses.