Securities and Exchange Commission
Litigation Release No. 18112 / April 28, 2003
Securities and Exchange Commission v. UBS Warburg LLC, 03 CV 2943
(WHP) (S.D.N.Y.)
SEC SUES UBS WARBURG FOR RESEARCH ANALYST CONFLICTS OF INTEREST FIRM
TO SETTLE WITH SEC, NASD, NYSE, NY ATTORNEY GENERAL, AND STATE
REGULATORS
The Securities and Exchange Commission announced today that it has
settled charges against UBS Warburg LLC, a Connecticut-based brokerage
firm and investment bank, arising from an investigation of research
analyst conflicts of interest. This settlement, and settlements with
nine other brokerage firms, are part of the global settlement the
firms have reached with the Commission, NASD, Inc., the New York Stock
Exchange, Inc. ("NYSE"), the New York Attorney General, and other
state regulators. As part of the settlement, UBS Warburg has agreed to
pay $25 million as disgorgement and an additional $25 million in
penalties. One-half of the total of these payments - $25 million -
will be paid in connection with the SEC action and related proceedings
by the NASD and NYSE and will be placed into a distribution fund for
the benefit of customers of the firm. The remainder will be paid to
resolve related proceedings by state regulators. In the SEC action,
UBS Warburg has agreed to a federal court order that will enjoin the
firm from future violations of the federal securities laws and NASD
and NYSE rules and require the firm to make changes in the operations
of its equity research and investment banking departments. In
addition, UBS Warburg will pay, over five years, $25 million to
provide the firm's clients with independent research, and $5 million
to be used for investor education.
In connection with this matter, the Commission today filed a Complaint
against UBS Warburg in the U.S. District Court for the Southern
District of New York, alleging violations of the federal securities
laws and NASD and NYSE rules. According to the Commission's Complaint,
from at least July 1999 through June 2001, research analysts at the
Firm were subject to inappropriate influence by investment banking at
the Firm. The Complaint also alleges that UBS Warburg published
exaggerated or unwarranted research or research that lacked a
reasonable basis, received payments from other firms to publish
research on certain companies without ensuring that such payments were
disclosed, and made payments to other firms for those firms to publish
research on UBS Warburg's underwriting clients. The Firm also failed
to maintain appropriate supervision over its research and investment
banking operations.
SNIPPETS:
Securities and Exchange Commission v. UBS Warburg LLC,
SEC SUES UBS WARBURG FOR RESEARCH ANALYST CONFLICTS OF INTEREST FIRM TO SETTLE WITH SEC,
The Securities and Exchange Commission announced today that it has settled charges against
This settlement, and settlements with nine other brokerage firms, are part of the global
One-half of the total of these payments - $25 million will be paid in connection with the SEC
The remainder will be paid to resolve related proceedings by state regulators.
UBS Warburg has agreed to a federal court order that will enjoin the firm from future
In addition, UBS Warburg will pay, over five years, $25 million to provide the firm's clients
In connection with this matter, the Commission today filed a Complaint against UBS Warburg in
According to the Commission's Complaint, from at least July 1999 through June 2001, research
The Complaint also alleges that UBS Warburg published exaggerated or unwarranted research or
Firm analysts also participated in pitches for investment banking business and prepared
Some pitchbooks contained information that implied to issuers that UBS Warburg would provide
The final judgment also orders the firm to make the payments described above, and provides
In addition, UBS Warburg must disclose on the first page of each research report whether the
The Complaint also alleges conduct that occurred at PaineWebber, which was acquired by UBS
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