On September 16, 2008,
Bruce Bent Sr.'s $62.5-billion
Reserve Primary Fund [
profile] made history by breaking the buck. Since then, the fallen money market mutual fund's parent has transformed, and the collapse has spawned a host of lawsuits as well as a fight over the future of money fund regulations.
This story is a living timeline detailing the collapse of the Reserve Primary Fund and the ongoing legal battles that rose up in its wake. Check back here for the latest updates in this saga.
2012
November 12, 2012 — The jury
clears the Reserve and the Bents of the fraud charges, while finding them liable for one claim of negligence.
November 7, 2012 — Both sides make their closing arguments, and the jury
begins deliberating.
October 26, 2012 The evidence phase of the trial
ends, with closing arguments slated for Monday if the weather cooperates.
October 25, 2012 The last defense witness, ex-Reserve general counsel
Kate Crowley,
finishes her testimony, and the SEC
begins its rebuttal case with
Rose DiMartino and
Joel Goldberg, outside lawyers who worked with Reserve.
October 24, 2012 Ex-Reserve general counsel
Kate Crowley takes the stand, testifying that she doesn't think the Bents lied to her on those fateful days in September 2008. Jurors also
heard in-person testimony from University of Minnesota Law professor
Richard Painter and a read-aloud deposition of former SEC investment management division chief
Buddy Donohue.
October 23, 2012 The SEC attorneys finish presenting their side of the case, with testimony from an
SEC accountant and from ex-Reserve CIO
Patrick Ledford. Ledford discussed his communications with the ratings agencies on those fateful September days in 2008.
October 22, 2012 Former Reserve global sales chief
John Drahzal takes the stand.
October 19, 2012 After five days, Bent II finally
finishes his testimony, and former Reserve operations chief, Bent II's brother-in-law
David Gareis, takes the stand.
October 18, 2012 Bent II
confirms the timing of he and his father's conclusion that Primary could not be saved. Bent II also testified about
State Street's involvement in the demise of the fund.
Also on October 18, two institutional investors in Primary
testified that Reserve sales execs told them that Reserve would support the fund's $1 NAV "unequivocally."
October 17, 2012 Bent II
reveals that in January 2008 Reserve considered five bids valuing the company at between $90 million and $625 million.
October 16, 2012 Bent II's testimony
continues, as the prosecution and defense again sparred over an e-mail in which Bent II told his sales chief that the Reserve would protect the Primary Fund's $1 NAV "to whatever degree is required."
October 15, 2012 Bent Sr.' testimony ends, and his son,
Bruce Bent II,
takes the stand, describing what happened inside Reserve on the day Lehman filed for bankruptcy. Bent II
began laying out a timeline for those fateful days in September 2008.
October 12, 2012 Bent Sr. testifies that 24 or more buyers, including
Federated and
Bank of New York Mellon,
sniffed around Reserve in the first nine months of 2008, before the
Primary Fund collapsed.
October 11, 2012 Bent Sr.
defends himself in court.
October 9, 2012 Attorneys for the SEC and the Bents present their
opening arguments before a jury in Manhattan in the U.S. District Court for the Southern District of New York.
October 3, 2012 In a turn of events, U.S. District Judge
Paul Gardephe
rules in the Bents' favor in part of the SEC lawsuit, allowing evidence showing that the Bents based their confidence in Lehmans finances in part on the SEC's oversight of the investment bank under a voluntary regulatory program.
September 11, 2012 Judge Gardephe in the SEC lawsuit
rules to disallow Richard Painter from testifying at the upcoming trial, scheduled for October 1. According to Judge Gardephe, the University of Minnesota law professor's testimony, which would have detailed the panic of the financial crisis and the government's actions related to
Lehman Brothers Holdings, would have confused the jury as to the focus of the trial. In a ruling filed in the U.S. District Court for the Southern District of New York, the judge emphasizes that the trial "is not about whether the government should have more closely supervised Lehman, or about whether it should have rescued Lehman."
August 17, 2012 75-year-old Reserve chairman Bruce Bent, Sr., and his son and vice chairman
Bruce Bent II blame the U.S. government for their Reserve Primary Fund breaking the buck. The two tell a judge that the jury for their upcoming trial should be allowed to hear about the government's refusal to bail out Lehman Brothers and causing the run on the fund.
August 13, 2012 A
Los Angeles Times column supporting SEC Chairman
Mary Schapiro's proposed money fund reforms mentions the upcoming October 1
federal fraud trial between the SEC and Bruce Bent Sr., Bruce Bent II, and Reserve Management Company and their distributor, Resrv Partners.
March 15, 2012 At a convention in Indianapolis, SEC chairman
Mary Schapiro reveals that Reserve's collapse still haunts her.
2011
November 11, 2011 Bruce Bent Sr.'s local paper, the
Manhasset Press, chronicles the tale of Bent as the co-creator of the first money market mutual fund back in 1969.
November 8, 2011
Strategic Insight honors Bruce Bent Sr. at the research shop's 25th anniversary celebration at New York City's Chelsea Piers. Bent was one of 60 honored as visionaries who have shaped the course of the mutual fund industry. The list was first
unveiled Aug. 1, 2011.
August 12, 2011 The Bents
ask a federal judge to grant summary judgment and toss the SEC's case.
February 3, 2011
TD Ameritrade settles an SEC lawsuit over sales of the
Reserve YieldPlus Fund.
2010
December 13, 2010 Bruce Bent Sr. and Bruce Bent II are the
proud recipients of the Lump of Coal Awards, handed out by
MarketWatch columnist Chuck Jaffe. The awards recognize fundsters for "misguided, bumbling, offensive, disingenuous, reprehensible or just plain stupid" actions. Other winners of the Coal award that year included Putnam Investments CEO Bob Reynolds; managers at the Baron Funds and the Bridgeway funds; investors in the VIX; trustees of the Virtus Funds; and AXA Rosenberg.
October 13, 2010 The
Wall Street Journal reports that
Reserve Yield Plus Fund investors are threatening
TD Ameritrade with a smear campaign.
September 3, 2010 Court documents
reveal that the Reserve team claims that the Primary Fund wasn't the only money fund that broke the buck.
August 26, 2010 The SEC and Bruce Bent Sr. and his team fail to settle fraud accusations, after an "impasse" caused settlement discussions to fall apart a month prior to the publishing of
this story.
July 16, 2010 The Reserve Management Company makes its
seventh distribution to Reserve Primary Fund shareholders, this time paying out $215 million. This leaves only 0.96 percent of the fund's Sept. 15, 2008 assets undistributed.
May 28, 2010 Regulatory filings show that running the Reserve Primary Fund post-collapse and defending against related lawsuits
isn't as expensive as heretofore thought. The firm revealed that it has requested to withdraw more than $106.2 million to cover said expenses, versus the $3.5 billion Bent and co. had initially set aside.
April 14, 2010 Bruce Bent and Reserve Management Company
sell all their Lehman Brothers holdings inside both Reserve Primary Fund and the
Reserve Yield Plus Fund. The sale generates more than $170 million from the Primary fund and $6.45 million for Yield Plus.
March 12, 2010 Reserve Management Company
seeks a jury trial in the SEC's fraud cause against the firm. Bent and son also deny the allegations against them in a court document the day before.
February 24, 2010 Judge Gardephe
refuses to throw out the SEC's lawsuit against the Reserve Management Company.
January 27, 2010 The
Reserve Primary Fund makes its
sixth distribution since breaking the buck in Sept. 2008. The $3.4 billion distribution represents about 95 percent of the fund's remaining asset value of $3.56 billion as of January 21. Reserve officials said about $160 million would remain in the fund to cover claims for indemnification expenses, management fees and other costs.
2009
December 30, 2009 The Reserve
prepares to shell out $43 million more to
YieldPlus Fund investors.
November 25, 2009 U.S. District Judge
Paul Gardephe orders a pro rate distribution of nearly all of the Primary Fund's remaining cash, leaving only 1.25 percent undistributed.
November 20, 2009 The Reserve
begins distributing $200 million of the $307 million remaining in its
International Liquidity Fund.
November 12, 2009 The board of the
Reserve Yield Plus Fund decides to pause the liquidation of the final $85.5 million in the fund.
October 2, 2009 The Reserve
starts the fifth distribution to
Primary Fund shareholders, this time sending out $1 billion of the $4.5 billion remaining in the fund.
September 24, 2009 The
Wall Street Journal reports that on October 2 the Reserve will distribute $1 billion of the $4.5 billion from the Primary Fund.
September 22, 2009 Massachusetts Secretary of State
William Galvin fights the Primary Fund distribution plan.
September 14, 2009
Wall Street Journal reports that more 100 shareholders of the
Reserve Yield Plus Fund ask the SEC to throw out the redemption freeze.
September 10, 2009 The
Associated Press reports that the Treasury's money fund backstop program will end according to schedule on September 18.
September 9, 2009
Bloomberg celebrates the one-year anniversary of the Reserve Primary Fund breaking the buck with a detailed account of the fund's fate, as well as the fund's holdings and its shareholders. Notable tidbits include the fact that Bent Sr. was in Rome with his wife celebrating their 50th wedding anniversary when Lehman collapsed and all hell broke loose..
August 25, 2009 The Reserve
says it expects to pay Primary Fund shareholders up to $0.99 on the dollar in total.
August 19, 2009 The Reserve
files to dismiss the SEC's case.
August 17, 2009 The
MFWire discovers that the Bents filed with the SEC in April and July to
change Reserve Management Corporation's name to Double Rock Corporation. Though Double Rock execs could not be reached for comment, SEC filings show that the leadership and location for Double Rock is essentially the same as Reserve's.
June 23, 2009 The Reserve
asks a U.S. District Court to toss the SEC's case.
June 16, 2009 The Reserve
starts cashing out up to $400 million from its
International Liquidity Fund.
June 15, 2009 The
Wall Street Journal reports that Reserve has racked up $16.6 million in expenses since the Primary Fund fell in September.
Also on June 15, the SEC and the Reserve
revealed a September 23 court date for debating the distribution plan for the Primary Fund's remaining assets.
May 27, 2009 The Reserve
reveals plans to distribute the last assets from its
U.S. Treasury Fund.
May 5, 2009 The SEC
files fraud charges against Reserve Management Company, Bruce Bent Sr., Bruce Bent II and Resrv Partners. Reserve countered that the company "intends to defend itself vigorously."
April 13, 2009 The Reserve
starts distributing another $2 billion to Primary Fund shareholders, leaving $4.8 billion in the fund.
April 1, 2009 The Treasury
extends its money market guarantee program again, from April 30 to September 18.
March 30, 2009
Delores Monte, president of
DM Financial Services,
lodges a complaint with the New York Attorney General's office over the Reserve not yet distributing the final dough from the Primary Fund.
March 26, 2009 SEC chair
Mary Schapiro tells the U.S. Senate's Committee on Banking and housing that she wants to amp up money fund regulation.
March 13, 2009 The Reserve
begins the final $21.02-million distribution to shareholders of its
Interstate Tax-Exempt Fund.
March 6, 2009 The Reserve
reveals that the SEC might recommend "a civil injunctive and/or institute a public administrative hearing against Resrv Partners," Reserve's broker-dealer (i.e. distribution) arm.
February 27, 2009
Calamos files to liquidate its
Government Money Market Fund on May 15.
February 26, 2009 The Reserve
sets aside $3.5 billion in
Primary Fund assets, to continue drawing fees to cover expenses and pay for the legal battles.
February 6, 2009 The Reserve
unveils the final $1.95-million distribution to shareholders in its
Florida Municipal Money-Market Fund.
February 4, 2009 The Reserve
starts distributing the final $12.8 million to shareholders of its
New Jersey Municipal Money-Market Fund.
February 3, 2009 The Federal Reserve
extends its money fund support programs, from April 30 to October 30.
January 23, 2009
Compliance Reporter reports that Reserve filed a lawsuit against law firms
Dechert and
K&L Gates, accusing them of "professional malpractice".
January 17, 2009 The
Wall Street Journal reports on Reserve's desperate attempts to find a rescuer in those fateful hours in September.
January 6, 2009 At Reserve's request, Standard & Poor's
stops rating eight Reserve funds on the liquidation chopping block.
January 5, 2009 A U.S. District Court judge
rules that a supervisor must oversee Reserve's expenses, including legal ones.
2008
December 30, 2008 The Reserve
distributes $800 million to
Yield Plus Fund investors.
December 23, 2008 The Reserve
reveals that they received a Wells Notice from the SEC.
December 22, 2008 The
New York Times reports that Bruce Bent II put his apartment in New York City's West Village up for sale with an asking price of $16.5 million.
December 15, 2008 The Reserve
reveals that the
Yield Plus Fund might also have broken the buck when Lehman died.
December 9, 2008 The
Wall Street Journal reports that the
Yield Plus lawsuit will go on, despite distributions to the fund's shareholders.
December 8, 2008 The
Wall Street Journal gives its take on why the
Primary Fund fell.
December 5, 2008 The
New York Times highlights what one attorney describes as Reserve's "ingenious" plan to try to freeze the lawsuits it faces.
December 3, 2008 The Reserve
pays another $14.4 billion to
Primary Fund shareholders, with only $9 billion left undistributed.
December 1, 2008
Legg Mason expects to pump $523 million more into four money funds.
Also on December 1, the Reserve
finishes distributions to investors in six of its funds.
Also on December 1, the
Evergreen Institutional 100% Treasury Money Market Fund and the
Allegiant Treasury Money Market Fund close to new investors.
November 26, 2008 The Reserve
reveals that the
Primary Fund actually broke the buck five hours earlier than initially thought, i.e. at 11am and not at 4pm.
November 25, 2008
Coughlin Stoia Geller Rudman & Robbins lodges a class-action complaint against both the Reserve and
TD Ameritrade, attacking them for characterizing the
Reserve Yield Plus Fund as an "enhanced cash fund" that's just like a money market fund.
November 24, 2008
MFWire reports that two Reserve executives,
Eric Lansky and
David Young, just left.
Also on November 24, the Treasury extends the money market guarantee program from December 18 to April 30.
November 21, 2008 The Reserve
plans a second, $14-billion cash distribution to
Reserve Primary Fund shareholders, slated for December 5.
November 20, 2008 The U.S. Treasury
promises $5.6 billion to backstop the
Reserve U.S. Government Fund.
November 19, 2008 The Reserve
hires Merrill Lynch Investment Management veteran
Joseph T. Mongale Jr. to handle the liquidation of its
Primary and
Government funds.
November 13, 2008 The Reserve
begins a $4.6-billion distribution to investors in its
U.S. Government Fund.
November 12, 2008 The
Wall Street Journal worries that another money fund might break the buck, too.
November 11, 2008 The
Wall Street Journal reports that the
Federal Reserve's proposed
Money Market Investor Funding Facility is being delayed.
November 10, 2008
USA Today covers the Reserve saga.
November 7, 2008 New York State Supreme Court Justice
Barbara Kapnick approves Denis O'Connor of
Alix Partners as the oversee of distributions from Reserve's
International Liquidity Fund.
November 4, 2008 The
ICI picks
Vanguard chairman
John Brennan to lead the brand new "Money Market Working Group."
October 30, 2008 The Reserve
makes its first distribution, of $26 billion, to investors in the
Primary Fund.
October 29, 2008 The
New York Times likens the freezing of the
Reserve Primary Fund to a bank holiday during the Great Depression.
Also on October 29,
Franklin Templeton prepares to liquidate its $34-million
Franklin Templeton Money Market Fund.
Also on October 29,
Morgan Stanley reveals that in October it bought up $23 billion in securities from its money market and liquidity funds, even as $46 billion flows out.
October 23, 2008 The Reserve
begins sending $28 billion to shareholders of the
Primary and
Government funds.
October 21, 2008 The Fed
offers to buy up to $540 billion in money market mutual fund assets via the new
Money Market Investor Funding Facility.
October 20, 2008
Ameriprise's lawyers
demand audio recordings, e-mails and depositions from the Reserve.
October 17, 2008 A New York State Supreme Court judge
delays redemptions from the
Reserve International Liquidity Fund yet again.
October 16, 2008 The
Wall Street Journal reports that the
China Investment Corp expects to pull $5 billion out of the wreckage of the
Reserve Primary Fund.
October 15, 2008 The Reserve
furnishes more details on redemptions from the
Primary Fund.
October 13, 2008 The Reserve
delays distributions from the
Primary Fund. The
Wall Street Journal takes notice.
October 9, 2008 The Reserve
asks the Treasury to cover its money funds in the new guarantee program.
Also on October 9, the Reserve
put 15 more funds on the chopping block.
October 7, 2008
Vanguard,
Hartford,
Prudential,
Fidelity and T. Rowe Price decide to take the Treasury up on its guarantee offer.
October 6, 2008
ICI president and CEO
Paul Schott Stevens speaks about the trade group's role in the money market crisis.
Also on October, two shareholders in Reserve's
International Liquidity Fund sue the money fund shop over the redemption freeze.
October 3, 2008 Bent Sr. takes to the web to
speak directly to Primary Fund shareholders.
Also on October 3,
Reuters reports that mutual fund titans
Fidelity and
Vanguard haven't decided whether or not to join the Treasury program.
October 2, 2008 The
Wall Street Journal lists the money fund shops that have signed up for the Treasury's program so far.
UBS signed on, too.
October 1, 2008
Wachovia buys up Lehman Brothers debt held by three
Evergreen (now part of
Wells Fargo) money funds.
Also on October 1, Putnam
signs on to the Treasury guarantee program.
Also on October 1, the Reserve
begins to pull the plug on its
U.S. Government Fund.
September 29, 2008 The
Wall Street Journal profiles a 40-year-old widower and
Reserve Yield Plus Fund investor who can't access his money.
Also on September 29, the Treasury
offers more details on its money fund guarantee program.
Also on September 29, the Reserve
decides to liquidate the Primary Fund.
Also on September 29,
Morgan Stanley Investment Management signs on to the Treasury's backstop program.
September 26, 2008 Industry data
shows money beginning to flow back into money funds.
September 25, 2008
RBC commits up to $35 million to protect Reserve Primary Fund investors who are clients of RBC's
Ferris Baker Watts subsidiary.
September 24, 2008 Putnam
strikes a deal with
Federated, moving the fallen Putnam Prime Money Market Fund's assets into the
Federated Prime Obligations Funds.
Also on September 24, discount brokerage
TD Ameritrade vows to make its Reserve Primary Fund investors hole, and
Ameriprise follows suit. The
Wall Street Journal covers the moves.
September 19, 2008 The U.S. Treasury
steps in to guarantee money funds' assets, giving the industry access to a $50-billion pool.
ICI president and CEO
Paul Schott Stevens and
other fundsters speak out in support of the Treasury's plan. The
Wall Street Journal details the Treasury's plan.
Also on September 19, the
Wall Street Journal reports that investors withdrew $13 billion from money funds on September 15, $33.7 billion on September 16, $78.7 billion on September 17, and more on September 18.
Also on September 19,
Legg Mason props up three money markets to the tune of $151 million.
Also on September 19, the Reserve
asks the SEC for a time extension for redeeming shares of its Primary and
U.S. Government funds.
Also on September 19, brokerage
Ameriprise sues Reserve, accusing the money fund shop of tipping off large money-fund investors before the Primary Fund's collapse. The
Third Avenue Institutional International Value Fund files a similar suit.
September 18, 2008 The Reserve
freezes 23 money market and short-term bond funds, including the Primary Fund. The freeze prevents investors from purchasing new shares and stalls redemptions for seven days.
Also on September 18, the
Wall Street Journal highlights the irony in some of Bent Sr.'s public quotes about money fund's prior to the collapse of Lehman Brothers.
Also on September 18,
Putnam reveals plans to liquidate the
Putnam Prime Money Market Fund "in reaction to marketwide liquidity issues." Standard & Poor's later
put the Putnam fund on "CreditWatch Negative".
September 17, 2008 Shareholders of the Reserve Primary Fund
sue Reserve, accusing the money market shop of chasing high-yields instead of preserving capital.
Also on September 17,
Russell Investments and Wachovia's Evergreen Investments (now part of
Wells Fargo), and
Bank of New York Mellon and Columbia all pour cash into their own money funds.
Also on September 17,
Deustche Asset Management,
Fidelity,
Invesco,
Legg Mason and
Vanguard all
reassure investors about the safety of their money funds.
September 16, 2008 The Reserve Primary Fund
breaks the buck, thanks to the collapse of Lehman Brothers the fund held $785 million of Lehman Brothers debt, now valued at zero. The fund's NAV falls to $0.97 per share, creating a $1.95-billion hole.
September 15, 2008 Lehman Brothers announces plans to file for Chapter 11 bankruptcy. 
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