SEC vs. Bancorp
The SEC has charged The Bancorp, Inc. with improper valuations related to commercial real estate securitizations. According to the SEC, The Bancorp used unrealistic assumptions and flawed methodologies when valuing certain properties that served as collateral for the securitizations. As a result, the SEC alleges that The Bancorp overstated the value of the collateral by millions of dollars.
This case highlights the importance of accurate valuations in the context of securitizations. In order to ensure that investors are getting what they expect, it is essential that all asset values be accurately stated. This case also underscores the importance of adhering to generally accepted accounting principles (GAAP). The SEC specifically charged Bancorp with violating Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Securities Exchange Act of 1934 and Exchange Act Rules 12b-20, 13a-1, and 13a-13. In response to the charge, and without admitting or denying the SEC's findings, Bancorp consented to a cease-and-desist order and has agreed to pay a penalty in the amount noted above (SEC, 2022). Additionally, the SEC has held that Bancorp failed to comply with Accounting Standards Codification Topic 820 by using prepayment rate assumptions that were not sufficiently supported by reasonably available market data (SEC, 2020)....
…Bancorp failed to adequately disclose the risks associated with these investments, and as a result, investors suffered losses when the value of the assets declined.In my opinion, investors really have to do their due diligence: they should have conducted a more thorough review of the assets before investing in them. Thus, they could have seen any potential red flags. Yes, The Bancorp could have disclosed the risks associated with these investments more clearly. But at the end of the day, investors have to realize that organizations like The Bancorp are there to profit by selling financial products that are sometimes little…
References
Keys, B. J., Mukherjee, T., Seru, A., & Vig, V. (2009). Financial regulation andsecuritization: Evidence from subprime loans. Journal of Monetary Economics, 56(5), 700-720.
SEC. (2022). SEC Charges the Bancorp, Inc. for Improper Valuations Related toCommercial Real Estate Securitizations. Retrieved from https://www.sec.gov/enforce/34-95589-s
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