Securities and Exchange Commission
Litigation Release No. 18110 / April 28, 2003
Securities and Exchange Commission v. Credit Suisse First Boston LLC,
f/k/a Credit Suisse First Boston Corporation, 03 CV 2946 (WHP)
(S.D.N.Y.)
SEC SUES CREDIT SUISSE FIRST BOSTON 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 Credit Suisse First Boston LLC ("CSFB"),
formerly known as Credit Suisse First Boston Corporation, a New
York-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, CSFB has agreed to pay $75 million as disgorgement and an
additional $75 million in penalties. One-half of the total of these
payments - $75 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, CSFB 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, CSFB will pay, over five years, $50
million to provide the firm's clients with independent research.
In connection with this matter, the Commission today filed a Complaint
against CSFB 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 1998 through December 2001, research analysts at CSFB were
subject to inappropriate influence by investment banking at the firm.
The Complaint also alleges that CSFB published false or misleading
research, published exaggerated or unwarranted research or research
that lacked a reasonable basis, engaged in improper "spinning"
activities relating to initial public offerings ("IPOs"), and failed
to maintain appropriate supervision over its research and investment
banking operations.
Specifically, the Commission's Complaint alleges that
SNIPPETS:
Securities and Exchange Commission v. Credit Suisse First Boston LLC, f/k/a Credit Suisse
SEC SUES CREDIT SUISSE FIRST BOSTON FOR RESEARCH ANALYST CONFLICTS OF INTEREST FIRM TO SETTLE
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 - $75 million - will be paid in connection with the
CSFB has agreed to a federal court order that will enjoin the firm from future violations of
In connection with this matter, the Commission today filed a Complaint against CSFB in the
According to the Commission's Complaint, from at least July 1998 through December 2001,
The Complaint also alleges that CSFB published false or misleading research, published
Specifically, the Commission's Complaint alleges that * In the Technology Group at CSFB,
CSFB's efforts to attract potential and continued investment banking business created
* CSFB issued fraudulent research reports on two companies Digital Impact, Inc. and Synopsys,
In these instances, investment bankers pressured research analysts to initiate or maintain
It initiated coverage shortly thereafter with a "buy" rating, and maintained a "buy" or
By having CSFB brokers control trading in these accounts, some executives owning accounts
The final judgment also orders the firm to make the payments described above, and provides
In addition, CSFB must disclose on the first page of each research report whether the firm
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