• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

1

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military

2

'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032

3

Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there

Big winner in government’s JPMorgan suit: A hedge fund

By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
October 11, 2012, 6:36 PM ET

Hedge fund manager Seth Klarman

FORTUNE — A hedge fund manager who made money betting against the housing bubble, and the terrible mortgage loans that came with it, is cashing in on the prosecutions as well.

Seth Klarman, the reclusive Boston hedge fund manager, could be the big winner in the recently filed New York Attorney General’s lawsuit against JPMorgan Chase (JPM).

Klarman’s Baupost Group is acting as the lead plaintiff in a private case against EMC, the former Bear Stearns mortgage unit that is also the focus of NY AG Eric Schneiderman’s case against JPMorgan. And if things go Klarman’s way, Baupost alone could end up collecting about $310 million from JPMorgan, with a big assist from the government.

MORE: Jersey: The best offshore tax shelter of them all

Klarman’s suit is one of the many so-called put-back cases bedeviling the banks right now, in which investors who bought mortgage bonds in the year or so leading up the credit crisis, when loan officers were basically handing out mortgages like candy on Halloween, are demanding their money back.

But here’s what’s interesting about the Baupost case: Klarman isn’t one of those investors who got burned in the mortgage bust. In fact, Klarman is famously one of the few investors on Wall Street who made money betting against the housing market. Then, in early 2009, Klarman shifted gears. He began snapping up mortgage bonds. At the time, subprime mortgage bonds were selling for $0.40 on the dollar. That means Klarman probably spent around $160 million on the bonds related to the JPMorgan litigation. And once he did, Klarman put himself and his investors in a position to claim, even though he predicted better than most Wall Street’s house of cards, that they, like other investors, were lied to.

Klarman has a history of unusual investments. Earlier this year, Fortune wrote about how Klarman had bought up a big chunk of Canadian farmland, and that locals were doing everything they could to stop him from turning some of their country’s most fertile land into a quarry.

MORE: Countrywide: It’s ba-ack

On Wall Street, though, Klarman, who has returned his investors nearly 20% a year for the past two decades, gets a much better reception. At Fortune‘s recent Most Powerful Women summit, Pimco’s CEO Mohamed El-Erian said Klarman was one of only three people he has met in his life that he would call brilliant. Klarman’s out-of-print investment book sells for $1,700 on Amazon.

Baupost filed its suit against EMC a little over a year ago. It has to do with one deal, which was called Bear Stearns Mortgage Funding Trust 2007 AR-2.

EMC was the unit of Bear that funded or bought up home loans, packaged together and then turned into those loans into mortgage bonds that were sold off to investors. EMC, along with Bear, was bought by JPMorgan in early 2009. Klarman’s suit says that EMC told investors that the loans had been fully vetted and met a number of underwriting standards that would guarantee that a majority of the loans would indeed be paid back.

Instead, the Baupost suit says, 82% of mortgages in BSMFT 2007-AR2 ended up in default, or had to be liquidated in foreclosure. Among the loans that were included in the trust, according to the suit, was a $720,000 mortgage to someone who worked at an IHOP restaurant, another to a casino maid that brought her debt payments to nearly $5,000 a month and one to someone who claimed they made $130,000 a year pouring concrete.

MORE: Why the Wells Fargo settlement solves nothing

A person close to the litigation says that Baupost knew there were problems in the housing and mortgage market, but that the fund bought the distressed mortgage bonds in 2009 anyway because they had fallen to prices that made them attractive. Nonetheless, the person said that Baupost was surprised to later find out that many of the loans tied to the mortgage bonds it had bought never met the qualifications the underwriters claimed.

The NY AG suit, which was filed in early October, also alleges that the mortgages that EMC was buying up and selling off were not what EMC claimed them to be, and that Bear bankers knew it. Both the Klarman suit and the AG suit contain the same same e-mail from an EMC manager detailing the pressure she was under from Bear bankers to make more loans.

“I want to see 500+ each day,” the manager wrote. “I’ll do what ever is necessary to make sure you are successful in meeting this objective.”

JPMorgan says the AG’s suit is based on recycled claims and has to do with behavior that happened before Bear was acquired by the bank.

Not all of Klarman’s bets have paid off, or not as large as he would have hoped. Earlier this year, Baupost dropped its objection to a $8.5 billion settlement Bank of America (BAC) made with bond investors. Baupost had been pushing B of A for more.

But with the AG suit, legal experts say it’s more likely Klarman will get JPMorgan to pay up. “The Martin Act gives the NY AG superior subpena power than any private plaintiff has,” says Isaac Gradman, a lawyer who specializes in securities claims. “So Schneiderman could get much more than anything Baupost has unearthed so far.”

About the Author
By Stephen Gandel
See full bioRight Arrow Button Icon

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

How the World Cup is a high-stakes stage for Big Tech’s AI push
NewslettersCIO Intelligence
How the World Cup is a high-stakes stage for Big Tech’s AI push
By John KellJune 10, 2026
2 hours ago
‘I love the inflation’: Trump is ‘not concerned’ about inflation hitting 4% for the first time since 2023. ‘The numbers were great’
EconomyDonald Trump
‘I love the inflation’: Trump is ‘not concerned’ about inflation hitting 4% for the first time since 2023. ‘The numbers were great’
By The Associated Press and Christopher RugaberJune 10, 2026
2 hours ago
A man guides a ship in the water.
EnergyOil
Analysts expected oil to surge above $200 but China has quietly kept prices half of that—and can’t for much longer
By Sasha RogelbergJune 10, 2026
3 hours ago
Honda recalls nearly 900,000 cars thanks to rear suspension problems
RetailHonda
Honda recalls nearly 900,000 cars thanks to rear suspension problems
By The Associated PressJune 10, 2026
3 hours ago
Anthropic accused of ‘secret sabotage’ as Claude Fable 5 silently limits capabilities for AI researchers and developers
AIAnthropic
Anthropic accused of ‘secret sabotage’ as Claude Fable 5 silently limits capabilities for AI researchers and developers
By Sharon GoldmanJune 10, 2026
3 hours ago
A 5-week course and a guaranteed job: Meta commits $115 million to solve the skilled-trades shortage stalling its AI buildout
Future of WorkMeta
A 5-week course and a guaranteed job: Meta commits $115 million to solve the skilled-trades shortage stalling its AI buildout
By Jacqueline MunisJune 10, 2026
4 hours ago

Most Popular

Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
Asia
Pentagon accuses Alibaba, Baidu and BYD, three of China's biggest companies, of supporting the Chinese military
By Kate O'Keeffe and BloombergJune 8, 2026
2 days ago
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
Economy
'We are rapidly running out of time': Watchdog sounds Social Security alarm after 22% cut confirmed for 2032
By Nick LichtenbergJune 9, 2026
1 day ago
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
Success
Costco CEO Ron Vachris rose from forklift driver to the C-suite without a college degree: ‘Don’t chase a title’ is the career advice that got him there
By Preston ForeJune 8, 2026
2 days ago
Current price of oil as of June 9, 2026
Personal Finance
Current price of oil as of June 9, 2026
By Joseph HostetlerJune 9, 2026
1 day ago
Wall Street dumped nearly $1 trillion in tech stocks by midday—then clawed it back and bought peanut butter and paint
Investing
Wall Street dumped nearly $1 trillion in tech stocks by midday—then clawed it back and bought peanut butter and paint
By Eva RoytburgJune 9, 2026
23 hours ago
Current price of silver as of Tuesday, June 9, 2026
Personal Finance
Current price of silver as of Tuesday, June 9, 2026
By Joseph HostetlerJune 9, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.