Tee Hee..... I was wondering if they'd pay quietly:
Dec. 15 (Bloomberg) -- Citigroup reported that an arbitration claim was filed against it today in New York by the Abu Dhabi Investment Authority, which purchased equity units from the company in November 2007. The units obligate the authority to purchase a total of $7.5 billion of common equity on specified dates in 2010 and 2011. The arbitration claim alleges fraudulent misrepresentations in connection with the sale and seeks rescission of the investment agreement or damages in excess of $4 billion.
Let's remember when November 2007 was.
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"There will be no recession": Ben Bernanke
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"Subprime is contained": Ben Bernanke .et.al.
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"The fundamentals of the economy are strong": Treasury and Bush
And of course lots more.
Let's also talk about what wasn't commonly known - off-balance sheet trash, HELOCs behind liar loans that only possible to pay off if the house price continued to go up yet were rated "AAA" and more.
Should Abu Dhabi have known about this? Maybe.
Was there fraud - that is, misrepresentations of known facts by Citigroup?
Here's what I said about the deal at the time:
Citibank gets roughly $8 billion in an equity infusion from the Arabs. But it is a convertible preferred offering, although they structured it in a way to not say that (calling it a sale of "unit investment trusts" instead) and was made at a Guido-style interest rate of 11%. While there are allegedly anti-hedging provisions in the deal, anyone who actually believes that the folks over in Dubai don't have an affiliate that they can hedge through has rocks in their head. Some or all of that risk will almost certainly be hedged off immediately, and that coupon is insanely lucrative - for Dubai. Oh, if you just want to look at this as a discounted stock purchase (that is, roll the coupon into the stock price) it marks Citibank's stock in the low to mid $20s. That's nice if you're a current shareholder, no?
When you have to pay a higher interest rate than some of us have available on our credit cards, something serious is going on in your company and it ain't good!
Looks like Abu Dhabi didn't hedge! I was wrong on that point - these folks are more stupid than I believed. So much for "Arab Intelligence"; this reflects rather poorly on the rest of Dubai and Abu Dhabi, unfortunately. If their diligence was as good on the rest as on this deal, well...... (and note that I called "BS" on it at the time!)
Read the rest of that Ticker and then tell me that it was a good time to buy Citibank stock - stock that was, at the time, trading right near $30/share.
It's $3.50 now - that's a damn fine loss you got there boyz!
By the way, for those who say that the Arabs couldn't have reasonably known about the embedded losses in HELOCs and other fun stuff (including the things that are sure to boomerang now that the FAS changes are taking effect) you might want to look at the ticker from just a couple days later in which I reported:
E*Trade gets a Guido loan and marks to market their entire ABS paper - at a SEVENTY PERCENT DISCOUNT!
I don't think anyone is (yet) understanding the impact of this.
Most of E*Trade's portfolio was HELOCs; there were few purchase-money firsts in there.
All I can do is shake my head. None of this stuff was a surprise to anyone with their ear to the ground - or a nose for digging around a bit.
How many of you toss $7.5 billion around like used toilet paper? Well these guys apparently did, and now they're bleating that they did what looks to be zero diligence or willfully and intentionally ignored that which was reported in multiple places, including in The Ticker.
They may win their arbitration case, as who knows what reps and warranties Citi offered. That will be the deciding point, I suspect.
But this much is certain - when you loan a supposedly "great credit risk" money at 11% - when the asset markets are open and high-quality credits are trading in the 6s and 7s - the borrower paid you an outsize return for some fundamental reason.
The reason is probably because they got stink-butt.