Defendant Name: Capital One Financial Corporation

Defendant Type: Public Company
SIC Code: 6022
CUSIP: 14040H10

Document Reference: 34-69442

Document Details

Legal Case Name In the Matter of Capital One Financial Corporation, Peter A. Schnall, and David A. LaGassa
Document Name Order Instituting Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making Findings and Imposing Cease-and-Desist Order and Civil Penalties
Document Date 24-Apr-2013
Document Format Administrative Proceeding
File Number 3-15299
AAER 3456
Allegation Type Issuer Reporting and Disclosure
Document Summary On April 24, 2013, the SEC issued an order instituting a cease-and-desist proceeding against Capital One Financial Corporation, and its officers, Peter A. Schnall and David A. LaGassa. According to the SEC: "Capital One Financial Corporation ('Capital One'), a provider of consumer and commercial lending and diversified banking services, materially understated its provision for loan and lease losses (the 'provision for loan losses' or 'loan loss expense') for the second and third quarters of 2007. The understatement was of the provision for loan losses for Capital One's auto finance business, known as Capital One Auto Finance ('COAF'). As a result of the understatement, Capital One materially understated its provision for loan losses by as much as $72 million for its second quarterly filing and as much as $51 million in its third quarterly filing. Capital One also failed to maintain effective internal controls to ensure the appropriate and accurate recording and reporting of its loan loss expenses." On April 24, 2013, the Commission accepted offers of settlement from Capital One Financial Corporation, Peter A. Schnall, and David A. LaGassa.

Disgorgement & Penalty Information

Resolutions
Cease and Desist Order
Remedial Acts or Efforts Before the Resolution
Monetary Penalties:

Civil Penalty

Individual:     $3,500,000.00 Shared:    

Related Documents:

2013-72 24-Apr-2013 Press Release--Administrative Proceeding
SEC Charges Capital One with Understating Auto Loan Losses
On April 24, 2013, the SEC announced that it charged Capital One Financial Corporation ("Capital One") and two senior executives--former Chief Risk Officer Peter A. Schnall ("Schnall") and former Divisional Credit Officer David A. LaGassa ("LaGassa")--for understating millions of dollars in auto loan losses incurred during the months leading into the financial crisis. According to the SEC's order instituting settled administrative proceedings, for the second and third quarters of 2007, Capital One's loan loss expense for Capital One Auto Finance did not appropriately estimate probable incurred losses in accordance with accounting requirements. The SEC's order also finds that Schnall and LaGassa caused Capital One's understatements of its loan loss expense by deviating from established policies and procedures and failing to implement proper internal controls for determining its loan loss expense. In order to settle the SEC's charges, Capital One agreed to pay $3.5 million.

Other Defendants in Action: