US Government sues RBS over $565m of bond losses

Stephen Foley
Tuesday 21 June 2011 00:00 BST
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Royal Bank of Scotland refused today to support proposals to ringfence different banking operations
Royal Bank of Scotland refused today to support proposals to ringfence different banking operations (GETTY IMAGES)

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An arm of the US Government is suing Royal Bank of Scotland, majority owned by the British taxpayer, over more than half a billion dollars of its mortgage bonds that went sour during thecredit crisis.

In a lawsuit filed last night in Kansas, the National Credit Union Administration (NCUA), which regulates the small American banks known as credit unions, said faulty mortgage bonds sold by RBS were partly to blame for the collapse of five of the largest credit unions.

The lawsuit is the first in what the NCUA says will be a series of actions against the biggest players on Wall Street. Also last night it filed suit against JPMorgan Chase, the US financial giant, and it is expected to sue up to 15 Wall Street banks.

The organisation's chairman, Debbie Matz, said: "NCUA has a responsibility to do everything in our power to seek maximum recoveries from those involved in the issuing, underwriting and sale of the faulty securities that resulted in the failures of five of the largest wholesale credit unions. Those who caused the problems in the corporate credit union system should pay for the losses."

The NCUA is responsible for taking over and selling off the assets of failed credit unions, but has been saddled with the near-worthless mortgage bonds that one credit union, US Central, bought from RBS in 2006.

In total, US Central paid $565m for two dozen different investments from RBS, all of which had been given a gold-plated AAA credit rating, the highest possible. Yet within months, the borrowers of the underlying mortgages had begun to default on their loans and without the expected cashflows the bonds began to collapse. They are now rated as junk.

The NCUA alleges that RBS's offering documents for each of these invest ments contained misleading statements and failed to mention important information. The lawsuit does not accuse RBS of fraud, only of being legally responsible for US Central's losses in its role as underwriter of the bonds.

RBS declined to comment last night.

The financial crisis saw investors lose hundreds of billions of dollars when residential mortgage-backed securities of the type sold by Royal Bank of Scotland turned out to be dud investments.

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