By Grant McCool
NEW YORK, July 31 A former Citigroup Inc
manager was found not liable on Tuesday of civil charges of
misleading investors, a blow to regulators in one of the few
fraud cases brought against a Wall Street executive over the
collapse of subprime mortgage investments.
Brian Stoker, who worked on the bank's mortgage investments
desk, was charged by the U.S. Securities and Exchange Commission
as part of a broader civil lawsuit against the bank in U.S.
District Court in Manhattan.
The verdict underlined the difficultly of such cases for
securities regulators, who historically have worked to reach
settlements with corporations and individuals. The SEC's $285
million settlement with Citigroup itself last year is under
appeal following an unusual rejection by Judge Jed Rakoff. The
outspoken Rakoff also presided over the two-week-long Stoker
"It does make you realize why perhaps the SEC is a little
reluctant to squeeze the trigger," said James Cox, a law
professor at Duke University in Durham, North Carolina, who has
written about securities regulations cases.
Stoker was one of four individuals the SEC has charged with
misleading buyers of pools of mortgages, called collateralized
debt obligations, that contributed to the financial crisis. He
was the first to go to trial.
One note of encouragement for the SEC came from the eight
jurors who heard the evidence at Stoker's trial. The panel gave
the judge a statement to accompany the verdict, a rarity in both
civil and criminal trials.
"This verdict should not deter the SEC from continuing to
investigate the financial industry, to review current
regulations, and modify existing regulations as necessary," the
The commission argued that Stoker failed to tell the buyers
of a $1 billion Citigroup collateralized debt obligation
transaction in 2007 that the bank had made a $500 million
"short" bet that the mortgage pool would fail.
Stoker and his lawyer argued that he followed the bank's
best practices and was singled out for blame.
Stoker left the court smiling. The jury delivered its
verdict on its second day of deliberations.
"We are very grateful that justice was done," Stoker's
lawyer, John Keker, said outside the courtroom.
Robert Khuzami, director of the SEC's enforcement division,
said: "We respect the jury's verdict and will continue to
aggressively pursue misconduct arising out of the financial
The other individuals charged by the SEC with misleading
buyers of collateralized debt obligations include Goldman Sachs
Group Inc executive Fabrice Tourre, and Edward Steffelin
of now-bankrupt GSC Capital Corp, which helped put a CDO
together for JPMorgan Chase & Co. They are awaiting
Another executive, Samir Bhatt of Credit Suisse Alternative
Capital, settled with the SEC in a case related to the Citigroup
Rakoff had rejected late last year a $285 million settlement
between Citigroup and the SEC over the mortgage investment,
saying he had no way to know whether the pact was fair because
the bank was not required to admit or deny the agency's charges.
The bank and the commission are appealing that decision.
On its website, the SEC summarizes more than 100 cases
related to the financial crisis that led to total penalties of
more than $2.1 billion to help investors harmed by fraud
Citigroup, which is one of those cases, said in a statement
on Tuesday that it agreed with the verdict in the Stoker case
"and hope to secure final judicial approval of our settlement
with the SEC and put this matter behind us."
The case is SEC v. Stoker, U.S. District Court, Southern
District of New York, No. 11-cv-7387.