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Merrill Hedging Prompts Inquiry

SEC seeks info on delayed mortgage reckoning

By Lucas Laursen,  Newser Staff

Posted Nov 2, 2007 7:55 AM CDT

(Newser) – Merrill Lynch, still reeling from an $8.4 billion write-down on mortgage-related losses last month, has been making deals with hedge funds that may have been calculated to keep further losses out of investors' view, the Wall Street Journal reports. The move has attracted the attention of the SEC, which is looking into whether the deals were made to move risky securities off Merrill's balance sheet temporarily.

 

Merrill has struggled in recent weeks to offload as much as $5 billion in risky securities to hedge funds, sources tell the Journal, in what they call a "mitigation strategy." But the risk is merely postponed in deals where Merrill agrees to buy the securities back in a year, at a fixed rate, if there is no other buyer. At issue is "whether the benefits and risks of ownership were transferred,” says a former SEC enforcer.

Businessmen leave the Merrill Lynch building on Tuesday, Oct. 30, 2007 in New York.
Businessmen leave the Merrill Lynch building on Tuesday, Oct. 30, 2007 in New York.   (Associated Press)
A Merrill Lynch office is seen in New York, Wednesday, Oct. 24, 2007. (AP Photo/Seth Wenig)
A Merrill Lynch office is seen in New York, Wednesday, Oct. 24, 2007. (AP Photo/Seth Wenig)   (Associated Press)
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