Wednesday, August 8, 2012

The Curious Morgan Stanley Case : When Merger Bankers Say No, Its Derivatives Bankers Say Yes



From NY Times' Dealbook: Over objections from consumer groups and New York officials, a federal judge on Tuesday approved a $4.8 million settlement between the Justice Department and Morgan Stanley over accusations of price fixing in the electricity market.

Yet even as he signed off on the settlement, Judge William H. Pauley III of Federal District Court in Manhattan expressed “misgivings” about the deal, saying the dollar amount was too low.
“Given the government’s stark allegations of manipulative conduct against Morgan Stanley, disgorgement of $4.8 million is a relatively mild sanction,” Judge Pauley wrote. “There is a risk that a large financial services firm like Morgan Stanley could view such a modest penalty as merely the cost of doing business.”  

The judge said he agreed to the settlement out of deference to government’s arm’s-length negotiations with Morgan Stanley…

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