Morgan Keegan Manager Tumbled From Subprime Heights
June 22 2011 - 4:52PM
Dow Jones News
Five years ago, James C. Kelsoe, Jr. was a rising star at Morgan
Keegan & Co., managing funds whose performances were the envy
of bond investors. On Wednesday, he agreed to a lifetime ban from
the securities industry.
Kelsoe, who at one time appeared on CNBC and was quoted in
various financial media, was accused by the Securities and Exchange
Commission, the Financial Industry Regulatory Authority and five
state regulators of defrauding investors by deliberately inflating
the value of subprime mortgage-backed securities in funds he
managed. Without admitting or denying the charges, he agreed to a
$500,000 penalty, a stiff fine for an individual charged with
alleged misconduct by regulators.
A lawyer for Kelsoe couldn't immediately be reached for
comment.
The charges were part of a broader $200 million settlement that
Morgan Keegan, a unit of Regions Financial Corp. (RF), reached with
regulators. The brokerage agreed to pay the fine without admitting
or denying the charges.
Kelsoe's fall from grace has damaged Morgan Keegan's reputation,
as the brokerage faced intense scrutiny since the financial crisis
from state and federal regulators. The company also faced as many
as a thousand arbitration claims by investors who lost money in
bond funds. The settlement Wednesday seeks to recoup money lost by
investors in the bond funds.
Regions also on Wednesday said it's putting Morgan Keegan up for
sale in a bid to raise more capital and repay the bank's crisis-era
government aid.
Kelsoe, who hasn't been registered with Finra since November
2008, rose to prominence with the booming returns of the RMK Select
High Income Fund, one of several funds he managed that invested
heavily in mortgage-backed securities. The Wall Street Journal
previously reported that at the end of 2005, the fund posted a
five-year average annual return of nearly 14%, citing Morningstar
data. The sharp gain bested the returns of all U.S. high-yield
funds and the Dow Jones Industrial Average.
In 2002, Kelsoe told Bloomberg News, "I have several lakes to go
fishing in," referring to his investment approach of
diversification during a time of economic turbulence.
But Kelsoe was hit hard by the downturn in the housing market.
By August 2007, the same High Income Fund was a laggard, coming in
dead last among its peers for the year and on a five year basis,
Morningstar said. During the 12 months through April 30, 2008,
three bond funds managed by Kelsoe plunged nearly 60%.
There was more to it than bad performance.
On Wednesday, the SEC and Finra alleged that Morgan Keegan,
Morgan Asset Management, Kelsoe and the brokerage's former
comptroller Joseph Thompson Weller, manipulated the valuation of
subprime mortgage-backed securities in five funds from January 2007
to July 2007. Specifically, the SEC's order found that Kelsoe
instructed Morgan Keegan's fund-accounting department to make
arbitrary "price adjustments" to the fair values of certain
portfolio securities.
The SEC said Kelsoe "fraudulently prevented a reduction in the
net asset value of the funds that should otherwise have occurred as
a result of the deterioration in the subprime securities market in
2007."
In a letter to clients posted on Morgan Keegan's website, the
brokerage's Chief Executive John Carson, Jr. said "the settlement
pertained to a mutual fund business that was sold more than three
years ago. After years of litigation, it was simply time to put
this behind us."
-By Brett Philbin, Dow Jones Newswires; 212-416-2173;
brett.philbin@dowjones.com
(Shira Ovide and Suzanne Barlyn contributed to this report.)
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