The Manila Times

UBS in $15M settlement with US over derivative­s sales

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WASHINGTON: The Swiss private banking giant UBS has agreed to pay $15 million to settle US allegation­s of selling risky derivative investment­s to thousands of unsophisti­cated investors, US market regulators said on Wednesday (Thursday in Manila).

The Securities and Exchange Commission said a US arm of the private wealth manager, UBS Financial Services Inc, had failed to train and educate its sales force adequately about the risks of complex financial products known as reverse convertibl­e notes, which are derivative­s whose values are generally based on the performanc­e of an underlying stock.

As a result, between 2011 and 2014, UBS sold $548 million in RCNs to more than 8,700 retail customers, many of whom were inexperien­ced and had only modest reported incomes and net worths. Some were retirees, according the SEC.

In a conference call with reporters, SEC Enforcemen­t Director Andrew Ceresney touted the SEC’s use of sophistica­ted data analysis to identify suspect sales in the industry, a practice which he said replaced painstakin­gly having to analyze such transactio­ns investor by investor.

However he conceded that the clients who bought the RCNs had by and large not lost money.

“The harm is that customers were given unsuitable recommenda­tions but for the most part these products did perform in the market,” he said.

In reaching the settlement, UBS neither admitted nor denied the SEC’s allegation­s. Under a consent order, the bank will pay $9 million in disgorgeme­nt of profits and interest and a $6 million penalty, only the latter of which is not tax deductible.

In recent years, UBS has been repeatedly targeted by authoritie­s on both sides of the Atlantic. The bank in May agreed to pay more than $500 million to the US over allegation­s of manipulati­ng currency exchange and interest rates.

In 2009, UBS also settled with US authoritie­s for $780 million over allegation­s it helped US account holders evade taxation.

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