UBS
New trouble
The crisis-hit Swiss Bank in which Singapore has substantial interests runs into fresh woes.
Jul 25, 2008

For Singapore state investments in Western banks, it never rains, but pours.

As values declined by more than US$10b in its banking ventures in US and Europe, another trouble is on the horizon.

The $11b investment of the Government Investment Corporation (GIC) in UBS, Switzerland's biggest bank, is facing another major uncertainty, this time from the US Government.

The attorney general of New York yesterday accused UBS of consumer and securities fraud, saying the bank misled investors when it sold them auction-rate securities, according to the International Herald Tribune..

Auction-rate securities are preferred shares or debt instruments with rates that reset regularly, usually every week, in auctions overseen by the brokerage firms that originally sold them.

But the US$300bb market for these instruments collapsed in February, trapping investors who had been told that they were safe and easy to cash in.

Even as a senior executive at UBS called the market "a complete loser," the bank continued to pitch the securities as short-term, liquid investments, according to the civil complaint filed by Andrew M. Cuomo, attorney general of New York.

At the same time, seven executives at the bank sold their personal holdings of the securities, which totaled $21 million, to avoid losses, according to the complaint.

"Once they knew the auctions were failing, they removed their personal money and corporate money from the auctions and were still bringing consumers into the auctions," Cuomo said.

"Now people have their funds locked up in a way they can't access them."

The Tribune report said UBS halted the auctions of these securities on Feb 13, leaving more than 50,000 UBS customers holding about US$37b in the investments, according to the complaint.

These investors - city governments, companies, individual investors - remain unable to sell them in many cases.

UBS has offered to lend its customers up to 100 percent of the value of the securities until liquidity returns. Cuomo has asked the bank to return the full value of the securities to investors in cash.

The bank rebutted Cuomo's accusations. "We will vigorously defend ourselves against this complaint," UBS said.

"It is frustrating that the New York attorney general has filed this complaint while we have been fully engaged in good faith negotiations with his office to bring liquidity to our clients holding auction-rate securit

The Government Investment Corporation (GIC) holds US$11b of convertible notes that will pay it 9 per cent a year for two years.

At the end of the period it has to convert these Notes into shares, which could results in GIC holding 9 percent of UBS Bank.

By Seah Chiang Nee