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

Trendingnow

1

I wrote that Boomers were choking America’s economy. Their responses to me were revealing

2

If Elon Musk merges SpaceX with Tesla he'll create a $3.4 trillion behemoth—with zero profits

3

When loyalty is rewarded: Top earners who stay in their jobs get much larger pay increases than those who switch

1

I wrote that Boomers were choking America’s economy. Their responses to me were revealing

2

If Elon Musk merges SpaceX with Tesla he'll create a $3.4 trillion behemoth—with zero profits

3

When loyalty is rewarded: Top earners who stay in their jobs get much larger pay increases than those who switch

Did the SEC let JPMorgan off the hook?

By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
By
Stephen Gandel
Stephen Gandel
Down Arrow Button Icon
September 20, 2013, 1:12 PM ET

FORTUNE — The Securities and Exchange Commission is taking a victory lap over Thursday’s JPMorgan Chase London Whale settlement. And it’s got a cheering section, something that has been relatively unusual for regulators in the wake of the financial crisis. The Wall Street Journal calls the settlement “historic,” and the Huffington Post says the settlement “amounts to a relatively stirring triumph of justice on Wall Street.”

What is this stirring triumph of justice? Along with getting the bank to pay $920 million — $200 million of which is being collected by the SEC — regulators got JPMorgan to admit it broke a law. But JPMorgan won’t say which one. And even if it did, the only ones the SEC is alleging have to do with keeping accurate books, not actually trying to defraud or trick anyone. Impressed?

Perhaps by the weak standard of justice for Wall Street crimes, you should be. The background: For years, the SEC allowed banks and bankers to pretend they did nothing wrong, even after agreeing to pay fines, sometimes quite large, to settle cases. “Neither admits nor denies” became standard in SEC settlements. This bothered people, especially in the wake of the financial crisis when it seemed clear to everyone that someone must have done something wrong.

MORE: JPMorgan Whale fine is excessive and political

So when Mary Jo White took over as the head of the SEC earlier this year, she vowed to change things. And here we are. The JPMorgan settlement is the second time the SEC has pushed for an admission of guilt. Hedge funder Phil Falcone also agreed that he had done something wrong when he settled with the SEC earlier this year.

But the question is, What are these admissions of guilt really worth? In its order against JPMorgan the SEC does say that the bank violated a number of its securities laws, but the list of those laws is not in the part of the document that JPMorgan agrees to. It’s up in the allegations section. The section of the document that contains the list of things that JPMorgan agrees it did doesn’t mention any particular laws, just an admission that the firm violated the rules and a list of facts, which generally say that a number of traders at the firm hid losses, and JPMorgan’s risk control folks and upper management missed it, even though the losses were basically poking them in the face.

A JPMorgan spokesperson declined to confirm what securities laws the firm had broken, or whether it would settle private lawsuits related to the London Whale incident, now that the bank has clearly admitted guilt. “At its core, today’s case is about transparency and accountability, and JPMorgan’s admissions are a key component in that message,” said Co-Director of the SEC’s Division of Enforcement George Canellos in a statement.

In fact, in JPMorgan’s admission there’s not a heck of a lot that will help shareholders who want to sue. JPMorgan doesn’t admit it tried to deceive anyone. Just that it missed something it should have. In most civil lawsuits you have to prove fraud. The SEC isn’t even alleging fraud here. What’s more, even under the old rules, companies still weren’t able to march into court and totally deny the facts of the settlements. It just allowed them to argue they didn’t break particular laws, something JPMorgan can still do.

“The policy shift is much to do about nothing,” says Thomas Gorman, a partner at law firm Dorsey and Whitney and a former SEC enforcement official. “And it has the possibility of taking more time and devoting more resources to get basically the same settlements, resources that could be used to pursue other important enforcement actions.”

MORE: Advice for JPMorgan: Split up

The Wall Street Journal even implies that JPMorgan (JPM) might have ended up paying less than it should have because it agreed to say it did something wrong. I would argue the opposite, that JPMorgan paid much more than is needed to, in exchange for being able to make the weakest admission of guilt as possible.

In the end, the whole SEC settlement with JPMorgan is kind of bizarre. The SEC is putting the $200 million JPMorgan is paying to settle the charges into a restitution fund for people who were harmed by the London Whale trading fiasco. Good luck finding them. (The rest of the settlement that is being collected by U.S. regulators is going back to the Treasury. Taxpayers, when will you stop being subsidized by the big banks?)

The London Whale wasn’t selling mortgage bonds or any other product to clients. He was a trader, who was trading, and eventually losing, JPMorgan’s own money.

Even saying JPMorgan’s shareholders lost money on the London Whale incident is a stretch. Shares of JPMorgan dropped nearly $4, or 10%, on the day after the loss was announced, and recovered within four months. The bank’s shares are now 29% higher than they were before the London Whale news broke. A number of the biggest pension funds in the world who are suing JPMorgan in a class-action suit related to the London Whale say they lost a collective $52 million, which is money, but these are the largest pension funds in the world. And what are pension funds doing trading in and out of the stock anyway, which is the only way they could have lost money?

You know who should really register a claim with the JPMorgan London Whale restitution fund: JPMorgan.

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

Current price of Bitcoin for June 1, 2026
Personal FinanceCryptocurrency
Current price of Bitcoin for June 1, 2026
By Joseph HostetlerJune 1, 2026
2 hours ago
Current price of Ethereum for June 1, 2026
Personal FinanceEthereum
Current price of Ethereum for June 1, 2026
By Joseph HostetlerJune 1, 2026
2 hours ago
Fortune Editorial Director Kristin Stoller chats with Pepsico chief people officer Becky Schmitt
NewslettersFortune Workplace Innovation
Robots screening robots: Inside the AI arms race reshaping hiring
By Kristin StollerJune 1, 2026
2 hours ago
Top CD rates from major banks June 1, 2026: Chase CDs, Bank of America CDs, Citibank CDs, and more
Personal FinanceCertificates of Deposit (CDs)
Top CD rates from major banks on June 1, 2026: Chase CDs, Bank of America CDs, Citibank CDs, and more
By Joseph HostetlerJune 1, 2026
2 hours ago
kominers
AIstart-ups
Exclusive: Economists have been teaching a broken proof for 50 years. AI just found it
By Nick LichtenbergJune 1, 2026
2 hours ago
Current price of oil as of June 1, 2026
Personal FinanceOil
Current price of oil as of June 1, 2026
By Joseph HostetlerJune 1, 2026
2 hours ago

Most Popular

I wrote that Boomers were choking America’s economy. Their responses to me were revealing
Personal Finance
I wrote that Boomers were choking America’s economy. Their responses to me were revealing
By Nick LichtenbergMay 31, 2026
1 day ago
If Elon Musk merges SpaceX with Tesla he'll create a $3.4 trillion behemoth—with zero profits
Investing
If Elon Musk merges SpaceX with Tesla he'll create a $3.4 trillion behemoth—with zero profits
By Shawn TullyMay 31, 2026
1 day ago
When loyalty is rewarded: Top earners who stay in their jobs get much larger pay increases than those who switch
Future of Work
When loyalty is rewarded: Top earners who stay in their jobs get much larger pay increases than those who switch
By Jacqueline MunisMay 30, 2026
2 days ago
A rare 'super' El Niño is looking more likely. Here’s what to expect
Environment
A rare 'super' El Niño is looking more likely. Here’s what to expect
By Brian K. Sullivan and BloombergMay 31, 2026
18 hours ago
Ex–Google CEO Eric Schmidt warns U.S. tech workers: Competing with China’s grueling 12-hour workdays means sacrificing work-life balance
Future of Work
Ex–Google CEO Eric Schmidt warns U.S. tech workers: Competing with China’s grueling 12-hour workdays means sacrificing work-life balance
By Marco Quiroz-GutierrezMay 30, 2026
2 days ago
Jamie Dimon tells Gen Z to 'learn how to think, learn how to earn respect' as he describes 'great meeting' with Zohran Mamdani
Success
Jamie Dimon tells Gen Z to 'learn how to think, learn how to earn respect' as he describes 'great meeting' with Zohran Mamdani
By Nick LichtenbergMay 29, 2026
3 days 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.