August 2008
Subprime Solutions
Skillfully Navigating the Credit Crisis
We are pleased to present the August edition of Subprime Solutions, a newsletter from Mintz Levin’s Subprime Practice Group that gathers news on the subprime and credit crises from a variety of sources, to keep you apprised of breaking developments in this ever-evolving area and its far-reaching consequences.
Please note this month’s “Spotlight on Bridget Rohde.” As a member of the Subprime Practice, White Collar Defense, and Corporate Compliance and Internal Investigations groups, Bridget has brought her unique combination of experiences regarding the proactive and, if necessary, reactive steps to be taken when responding to SEC and other regulatory inquiries into subprime origination and investment.
We hope you enjoy this issue of Subprime Solutions.
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In This Edition
Spotlight on Bridget Rohde
In the News
Government and Regulatory
Events
Spotlight on Bridget Rohde
Bridget is a Member in the firm’s New York office and practices in the Litigation Section. As a member of the Subprime Practice, White Collar Defense, and Corporate Compliance and Internal Investigations groups, Bridget has brought her unique combination of experiences regarding the proactive and, if necessary, reactive steps to be taken when responding to SEC and other regulatory inquiries into subprime origination and investment. As a reflection of this expertise, Bridget co-hosted a webinar with co-chairs Jack Sylvia and Rich Moche, entitled “Take Stock of Your Own House: Proactively Responding to the Subprime Crisis.” She also authored an article with the same title on CFO.com in July. Additionally, she served as a panelist during the IQPC Conference entitled, “Subprime and the Credit Crisis.”
Before joining Mintz Levin, Bridget was Chief of the Criminal Division of the U.S. Attorney’s Office for the Eastern District of New York, supervising approximately 100 Assistant U.S. Attorneys prosecuting cases involving business and securities fraud, public corruption, organized crime and racketeering, violent crimes and terrorism, narcotics, money laundering, and tax offenses.
From her sixteen years as an Assistant U.S. Attorney, Bridget has extensive experience in federal court, where she won numerous jury trials. Bridget also has extensive experience conducting complex criminal investigations. As a result, she has briefed and argued many cases before the U.S. Court of Appeals for the Second Circuit.
Bridget’s trial record includes the conviction of a reputed powerful Russian mobster following a several-week extortion trial in federal court in Brooklyn. A month-long immigration fraud trial of this same defendant similarly resulted in conviction. Other significant litigation involved the racketeering prosecution of a Gambino family soldier and his associates for illegal domination of the scrap metal industry and the labor racketeering prosecution of Colombo family members and associates, as well as labor union officials for mail fraud and related offenses. These cases derived from multi-agency investigations conducted under Bridget’s leadership and involved extensive witness interviews, document review, and pre-trial litigation.
Bridget has frequently been recognized for her outstanding trial and investigative skills. She received the prestigious Director’s Award for Superior Performance as an Assistant U.S. Attorney from the United States Attorney General. She also received the Federal Prosecutor of the Year Award from the Federal Law Enforcement Foundation. Additionally, Bridget has lectured at the U.S. Department of Justice, the U.S. Department of Labor, the Association of the Bar of the City of New York, the New York County Lawyer’s Association, and elsewhere on criminal law, trial advocacy, ethical issues, racketeering, and other topics.
Recently, Bridget has been a panelist at the MIT CFO Conference and the IQPC Conference, “Subprime and the Credit Crisis.” Bridget has also published a number of articles including “Getting Ahead of Fraud and Abuse” (N.Y.L.J., June 21, 2007); “Employing Proactive Investigative Techniques to Facilitate a Global Culture of Integrity and Avoid FCPA Violations” (Metro. Corporate Counsel, Sept. 2007); “Post-Transaction Review of the Newly Acquired Entity” (N.Y.L.J., Sept. 20, 2007); and “Another Nail in the Pretexting Coffin” (N.Y.L.J., Sept. 24, 2007). Bridget is a member of a number of professional associations, including the Federal Bar Council, the New York City Bar, and the International Association of Independent Private Sector Inspector Generals.
Bridget is a magna cum laude graduate of the College of Notre Dame of Maryland, where she received her Bachelor of Arts degree in 1983. She received her Juris Doctor degree, with honors, from the University of Maryland School of Law in 1986. Bridget thereafter clerked for the Honorable Frederic N. Smalkin of the United States District Court for the District of Maryland. Before becoming an Assistant U.S. Attorney, Bridget was a litigation associate at Piper & Marbury in Baltimore.
In the News
Dive in Home Prices Sends Sales Up
The Washington Post - August 27, 2008
List of “Problem Banks” Grows to 117
USA Today - August 26, 2008
After Merrill’s Sale of Bad Debt, Few Have Followed
The Washington Post - August 26, 2008
“Liar Loans” May Prolong Mortgage Crisis
The Seattle Times - August 23, 2008
Bad Begets Worse
How the Mortgage Giants Lead the Market Deeper into Crisis
The Washington Post - August 22, 2008
Success, and Failure, in Auction-Rate Fallout
The Boston Globe - August 19, 2008
Fannie’s Perilous Pursuit of Subprime Loans
The Washington Post - August 19, 2008
Risk-Based Loans Limit Fannie, Freddie Point Shaving
The Chicago Tribune - August 17, 2008
Insurers Avoid Getting Soaked in Subprime Storm
The Washington Post - August 17, 2008
Buyers Jump through Hoops for a Mortgage
The Chicago Tribune - August 15, 2008
Fed Says Banks Got Tough on Lending
The Seattle Times - August 12, 2008
Banks’ Credit-Crisis Write-Downs Top the Half-Trillion Mark
Los Angeles Times - August 12, 2008
The Credit Crisis Is Like the Plague and Nobody Is Safe Yet
The Telegraph (United Kingdom) - August 10, 2008
The Next Mortgage Crisis? Alt-A Borrowers See Red
ABC News - August 8, 2008
Credit Crisis Spurs More Bank Lawsuits in Courts
Reuters - August 6, 2008
Freddie Posts Fourth Straight Quarterly Loss and Slashes Dividend
MSN.com - August 6, 2008
Ambac Benefits from New Rule
The New York Times - August 6, 2008
Mortgage Rules Changes Skewer Some Sales
USA Today - August 4, 2008
Housing Lenders Fear Bigger Wave of Loan Defaults
The New York Times - August 4, 2008
Housing Collapse Ahead?
The Washington Post - August 4, 2008
Subprime Loans’ Wide Reach
The New York Times - August 3, 2008
Run for Cover
The Washington Post - August 2, 2008
Government and Regulatory
Bank of America Buying Back Bonds
The Boston Globe - August 28, 2008
Auction-Rate Probes Stoke New York–Boston Rivalry
Reuters - August 27, 2008
New York Probes Fidelity, Goldman Sachs Connection
The Boston Globe - August 27, 2008
SEC Enforcement Division Announces Preliminary Settlement with Merrill Lynch to Help Auction Rate Securities Investors
Press Release, U.S. Securities and Exchange Commission - August 22, 2008
Fed Chairman Urges Broader Market Oversight
The New York Times - August 22, 2008
Massachusetts Settles with Merrill on ARS Matter
Reuters - August 21, 2008
Attorney General Cuomo Announces Settlements with Merrill Lynch, Goldman Sachs, and Deutsche Bank to Recover Billions for Investors in Auction Rate Securities
Press Release, New York State Attorney General’s Office - August 21, 2008
FDIC to Modify IndyMac Loans
Los Angeles Times - August 21, 2008
Massachusetts Presses Fidelity to Redeem Auction Debt
Bloomberg - August 19, 2008
Wachovia Agrees to Preliminary Auction Rate Securities Settlement That Would Offer Approximately $9 Billion to Investors
Press Release, U.S. Securities and Exchange Commission - August 15, 2008
Attorney General Cuomo Announces Settlement with Wachovia to Recover Billions for Investors in Auction Rate Securities
Press Release, New York State Attorney General’s Office - August 15, 2008
Housing Recovery Act Depends on Banks to Refinance Mortgages
Bloomberg - August 14, 2008
Attorney General Cuomo Announces Settlements with JP Morgan and Morgan Stanley to Recover Billions for Investors in Auction Rate Securities
New York Attorney General’s Office - August 14, 2008
States, Cities Ready to Move on Housing Aid
The Christian Science Monitor - August 13, 2008
UBS Securities LLC and UBS Financial Services, Inc. Agree in Principle to Auction Rate Securities Settlement
Press Release, U.S. Securities and Exchange Commission - August 8, 2008
Attorney General Cuomo Announces Settlement with UBS to Recover Billions for Investors in Auction Rate Securities
Press Release, New York State Attorney General’s Office - August 8, 2008
SEC Escalates Probe of Mozilo
Los Angeles Times - August 8, 2008
Attorney General Cuomo Announces Landmark Settlement with Citigroup to Recover Billions in Auction Rate Securities for Investors Nationwide
Press Release, New York State Attorney General’s Office - August 7, 2008
Citigroup Agrees in Principle to Auction Rate Securities Settlement
Press Release, U.S. Securities and Exchange Commission - August 7, 2008
Connecticut Joins Other States in Suing Countrywide
The New York Times - August 6, 2008
Frank, Waters, Watt, and Miller Call for Forbearance by the Mortgage Industry
Press Release, U.S. House of Representatives Financial Services Committee - August 5, 2008
Investor to Restructure Home Loans
The Boston Globe - August 1, 2008
Financial Services Committee Approves Measures on Housing, Municipal Bonds, Green Resources and Credit Cards
Press Release, U.S. House of Representatives Financial Services Committee - July 31, 2008
Inside Congress’s Housing Repair Kit
The Boston Globe - July 31, 2008
Events
Housing Economic Recovery Act of 2008
Teleconference and Live Audio Webcast
September 23, 2008
Subprime Institute 2008
September 23, 2008
PLI New York Center
New York, New York
National Institute on Securities Fraud
October 2–3, 2008
Hyatt Regency-Crystal City
Arlington, Virginia
Subprime Lending, Foreclosure and Race:
National Convening
October 2–3, 2008
The Ohio State University
Kirwan Institute for the Study of Race and Ethnicity
Columbus, Ohio
Securities Litigation & Enforcement Institute 2008
October 20-21, 2008
PLI California Center
San Francisco, California
ABCs of SWAPs and Other Derivatives /
Advanced SWAPs and Other Derivatives 2008
October 20–22, 2008
PLI New York Center
New York, New York
National Bankruptcy Conference 2008
October 23–24, 2008
Washington, D.C.
Coping with Broker/Dealer Regulation and Enforcement 2008
October 29, 2008
PLI New York Center
New York, New York
Cato Institute 26th Annual Monetary Conference
Lessons From the Subprime Crisis
November 19, 2008
Cato Institute
F.A. Hayek Auditorium
Washington, D.C.
Understanding Complex Financial Institutions 2008
December 10, 2008
PLI New York Center
New York, New York
Subprime Practice Group
Richard H. Moche, Co-Chair
(617) 348-1696
RMoche@mintz.com
John F. Sylvia, Co-Chair
(617) 348-1820
JSylvia@mintz.com
Nancy D. Adams
(617) 348-1865
NDAdams@mintz.com
Kevin N. Ainsworth
(212) 692-6745
KAinsworth@mintz.com
Jeffry A. Davis
(858) 320-3003
JADavis@mintz.com
Eric J. Freeman
(617) 348-3072
EFreeman@mintz.com
Daniel O. Gaquin
(617) 348-1874
DOGaquin@mintz.com
Jerome Gotkin
(212) 692-6712
JGotkin@mintz.com
Jeremy B. Hayden
(858) 320-3024
JBHayden@mintz.com
Kim V. Marrkand
(617) 348-1807
KMarrkand@mintz.com
John T. Morrier
(617) 348-3051
JMorrier@mintz.com
Peter R. Pendergast
(617) 348-1628
PPendergast@mintz.com
Bridget M. Rohde
(212) 692-6883
BMRohde@mintz.com
Kristen S. Scammon
(617) 348-4429
KSScammon@mintz.com
Adam L. Sisitsky
(617) 348-1689
ALSisitsky@mintz.com
