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Canadian Imperial Bank of Commerce (CIBC) may have misled investors by not properly and timely disclosing its financial condition including its exposure to the US subprime market.
Investigation Source (Case #08-cv-08143)
- Nationwide
Investigation Scope
Category Information
Investigation Topics
- Investments
- False And Misleading Statements
- Mortgage-Backed Securities
Product or Service
- Investments
Injury Type
- Monetary Loss
Investigation Details
This is a securities class action lawsuit against Canadian Imperial Bank of Commerce (CIBC) and certain of its officers and directors.
CIBC is one of Canada's largest banking institutions, providing various financial products and services to corporate, government, and institutional clients in the U.S. and Canada.
On December 6, 2007, CIBC released fourth quarter results that stunned the banking community by revealing a surprisingly large exposure to the troubled U.S. housing market. CIBC said its write-downs had already reached $1 billion, and warned of significantly higher losses in the future related to its $9.8 billion in hedged exposure to the subprime mortgage and CDO market. Upon this announcement, shares fell 8.4% over the next two trading days, from $85.83 to $78.59.
But it was not until May 29, 2008 that CIBC's full exposure to U.S. subprime mortgages was finally revealed. On that date, CIBC swung to a fiscal second-quarter loss as it took a $2.51 billion loss related to its structured credit activities, and analysts said the potential for more write-downs looms even though the bank has taken charges totaling approximately $6 billion in the past year.
The class action complaint alleges that the statements contained in CIBC's press releases, SEC filings, conference calls and presentations during the Class Period were materially false and misleading when made because they failed to disclose that:
(i) CIBC did not make timely disclosure of material changes affecting the valuation of its investments in collateralized debt obligations consisting of U.S. subprime mortgages, in violation of U.S. Generally Accepted Accounting Principles;
(ii) CIBC's hedged subprime exposure was nearly four times larger than its unhedged subprime exposure; and
(iii) 35% of CIBC's hedged subprime exposure was entrusted with ACA Financial Guaranty Corp, a substantially undercapitalized financial guarantor.
CIBC is one of Canada's largest banking institutions, providing various financial products and services to corporate, government, and institutional clients in the U.S. and Canada.
On December 6, 2007, CIBC released fourth quarter results that stunned the banking community by revealing a surprisingly large exposure to the troubled U.S. housing market. CIBC said its write-downs had already reached $1 billion, and warned of significantly higher losses in the future related to its $9.8 billion in hedged exposure to the subprime mortgage and CDO market. Upon this announcement, shares fell 8.4% over the next two trading days, from $85.83 to $78.59.
But it was not until May 29, 2008 that CIBC's full exposure to U.S. subprime mortgages was finally revealed. On that date, CIBC swung to a fiscal second-quarter loss as it took a $2.51 billion loss related to its structured credit activities, and analysts said the potential for more write-downs looms even though the bank has taken charges totaling approximately $6 billion in the past year.
The class action complaint alleges that the statements contained in CIBC's press releases, SEC filings, conference calls and presentations during the Class Period were materially false and misleading when made because they failed to disclose that:
(i) CIBC did not make timely disclosure of material changes affecting the valuation of its investments in collateralized debt obligations consisting of U.S. subprime mortgages, in violation of U.S. Generally Accepted Accounting Principles;
(ii) CIBC's hedged subprime exposure was nearly four times larger than its unhedged subprime exposure; and
(iii) 35% of CIBC's hedged subprime exposure was entrusted with ACA Financial Guaranty Corp, a substantially undercapitalized financial guarantor.
Defendant Details
| Name (Stock Symbol) | Brief Description |
|---|---|
| Canadian Imperial Bank of Commerce (CIBC) (CM) | Canadian Imperial Bank of Commerce (CIBC), together with its subsidiaries, provides a range of financial products and services in Canada and internationally. |