Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 201 of 347 net inventory markdowns during the 2007 quarter related to losses in the residential mortgage and leveraged finance areas. 721. These statements were false and misleading because, as explained in paragraphs 100 to 111 above, in this period Bear Stearns avoided taking losses on its Level 3 assets by using misleading valuation models, which did not accurately value its Level 3 assets. This avoidance of loss permitted the Company to increase its revenues and asset values, inflating the value of its stock. 722. Because the Level 3 assets the Company reported for the period stood at $16.6 billion, the Company's knowing use of materially deficient models to value those assets had grave repercussions for accuracy of the Company's financial reporting. These effects were magnified by the Company's leveraging practices. 723. Moreover, the Company's assertion that its Level 3 assets stood at $16.6 billion was itself materially false and misleading, given that it was a product of a valuation model that did not reflect key declines in the market. 724. Bear Stearns' revelation that it recognized "approximately $700 million in net inventory markdowns during the 2007 quarter primarily related to losses experienced in the mortgage-related and leveraged finance areas" was false and misleading when made because it grossly underrepresented the Company's true losses, including its losses on the worthless collateral it had received under the repurchase agreement with the High Grade Fund and the devalued and illiquid retained interests that it continued to carry on its books, as set out at paragraphs 212 to 216 above. 186 EFTA00316914
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 202 of 347 (ii) Exposure to Risk 725. Bear Steams' third quarter 2007 Form 10-Q also misled investors with respect to its assessment of risk exposure. In the filing, Bear Stearns asserted that "The Company regularly evaluates and enhances such VaR models in an effort to more accurately measure risk of loss." 726. In fact, the Company had undertaken no such review, and its Controller and Principal Accountant, Farber, had been repeatedly warned by government regulators that the Company's VaR models were inaccurate and out of date. According to the 2008 OIG Report, at no time before the Company collapsed in 2008 did Bear Steams complete a review of its risk management models. 727. As a result, according to the 2008 OIG Report, in this period Bear Stearns' VaR models failed to include critical variables such as "housing price appreciation, consumer credit scores, patters of delinquency rates, and potential other data." Because these indicators would have reflected the ongoing collapse of the housing market, the Company's decision to omit them from its VaR calculations was materially misleading. 728. In the Third Quarter 2007 Form 10-Q Bear Steams reported the reassuringly low VaR numbers it had calculated for the third quarter of 2007, including an aggregate risk of just $35 million — far lower than its peers. This statement was materially misleading, in that the Company knew that its VaR modeling failed to reflect its accelerating exposure to declining housing prices. 729. The third quarter 2007 Form 10-Q also mislead investors with respect to Bear Steams' risk control philosophy when it stated that "the Company's Risk Management Department and senior trading managers monitor exposure to market and credit risk for high yield positions and establish limits and concentrations of risk by individual issuer." 187 EFTA00316915
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 203 of 347 730. In fact, Bear Steams lacked risk management personnel and was unable to appropriately model for risk. Even when Bear Steams had the correct personnel in place, the 2008 OIG Report indicates that its risk managers were unable to effectively communicate with the traders who were responsible for taking on additional risk. Bear Steams did not have risk managers that had experience or were capable of valuing MBS which were central to Bear Stearns' business models. (iii) Compliance With Rankine Regulations 731. In its third quarter 2007 Form 10-Q Bear Steams stated that "the Company is in compliance with CSE regulatory capital requirements." This statement was materially false and misleading when made because Bear Steams only CSE program's minimum capital requirements by violating CSE rules relating to the appropriate calculation of net capital. As set out in the 2008 OIG Report and at paragraphs 427 to 452 above, the Company violated CSE rules by (i) failing to take appropriate capital charges related to its collapsed hedge funds; (ii) inflating its profit and its capital by using inflated marks on assets subject to mark disputes; and (iii) falsely inflating its net capital by using misleading methods to calculate VaR. (iv) Internal Controls 732. Defendants Cayne and Molinaro each made false and misleading statements when they executed Sarbanes Oxley Act certifications, annexed as an exhibit to the Form 10-Q filing for the third quarter of 2007. This certification stated that stated that the Form 10-Q report "does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report" and "the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition." 188 EFTA00316916
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 204 of 347 733. Cayne and Molinaro also certified that the Company had: resigned such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles." 734. These statements were false and misleading, in that, despite repeated warnings from the SEC, the Company had made no effort to address deficiencies that went to the heart of the Company's ability to assess the value of its assets and its exposure to risk. Moreover, the encouraging revenue growth and earnings per share Bear Stearns reported in its certified statements reported were only made possible by the fact that Bear Stearns was avoiding taking losses only by relying on misleading valuation models that failed to reflect the declining value of its highly illiquid Level 3 assets. (v) Deloitte's Certification 735. As an auditor Deloitte also certified Bear Steams' third quarter 2006 Form 10-Q, as required by Sarbanes-Oxley, and, in so doing, knowingly and recklessly falsely offered an opinion as to the financial statement's accuracy. As set out in detail at paragraphs 523 to 588 above, Deloitte knew or recklessly disregarded that these statements and certifications were materially false and misleading when made. 5. November 14, 2007 Write Downs 736. On November 14, 2007, Defendant Molinaro announced that Bear Stearns would write down $1.2 billion of its assets in the fourth quarter. However, Molinaro misleadingly attempted to reassure investors by claiming that Bear Steams had reduced its CDO holdings to $884 million as of November 9, down from $2.07 billion at the end of August. In fact, the 189 EFTA00316917
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 205 of 347 Company claimed that it now had a net negative exposure to the subprime market—that is, it would profit if the subprime market continued to decline. 737. Molinaro's November 14, 2007 statements were false and misleading because he did not disclose the true extent of Bear Stearns' exposure from the repurchase collateral taken from the High Grade Fund. Beyond the a $100 million write down in the hedge fund collateral in the quarter ending August 31, 2007, the Company disclosed no further writedowns of the $1.2 billion of toxic hedge fund assets it still held on its books. 738. Moreover, these statements were materially false and misleading because the write downs the Company reported were far less than would have been required if the Company had been valuing its Level 3 mortgage-related assets using models that actually reflected the carnage in the housing market. 739. Finally, Molinaro's statements were false and misleading in that the Company's faulty VaR models could not permit it to effective hedge against risk in the subprime market. This fact is confirmed by the Company's announcement barely a month later that it would in fact have to take an additional $700 million writedown on its mortgage-backed assets. 6. Fourth Ouarter and Fiscal Year 2007 a. Press Release 740. On December 21, 2007 Bear Stearns issued a press release regarding its fourth quarter and fiscal year end results for 2007. NEW YORK, NY - December 20, 2007 - The Bear Stearns Companies Inc. (NYSE:BSC) reported results today for the fiscal year and the fourth quarter ended November 30, 2007. For the fiscal year the company reported $1.52 earnings per share (diluted), compared with $14.27 for fiscal 2006. Net income for the fiscal year was $233 million compared with $2.1 billion earned in fiscal year ended November 30, 2006. Net revenues for the 2007 fiscal year were $5.9 billion, compared with $9.2 billion in the prior fiscal year ... In early November the company 190 EFTA00316918
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 206 of 347 announced that it anticipated write-downs of approximately $1.2 billion in mortgage inventory net of hedges. At November 30, total net inventory write-downs were $1.9 billion. *** Net revenues in Capital Markets, which includes Institutional Equities, Fixed Income and Investment Banking, were a loss of $956 million in the fourth quarter of 2007 *** Fixed Income net revenues were a loss of $1.5 billion, down from net revenues of $1.1 billion in the fourth quarter of 2006. 741. On December 21, 2007, Bear Steams' stock closed at $89.95 per share, down little from a close of $91.42 per share the day before. 742. In the press release, Bear Steams misrepresented its earnings per share, net income, and net revenues. The Company's Losses in the Capital Market, specifically Fixed Income, were also understated. 743. These statements were false and misleading because Bear Stearns achieved these reported results by using misleading mortgage valuation models to value its Level 3 assets, as described above at paragraphs 100 to III. 744. At the time of the statements, the Company's Level 3 assets represented 19.9% of the Company's total assets held at market value, or a total of about $24.41 billion. Moreover, according to the Company's February 8, 2008 presentation to Credit Suisse analysts, $7.5 billion of this amount represented residential mortgages. Because these assets were highly leveraged, even a small decline in value would be vastly magnified, as set out in paragraphs 77 to 80 above. 745. The Company had been warned by the SEC that the models it used to value mortgages and mortgage-backed securities, a quarter of its Level 3 assets, did not reflect key factors relating to the downturn in the housing industry, such as rising default rates. As set out 191 EFTA00316919
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 207 of 347 above at paragraphs 139 to 148, default rates and other signs of market declines had risen dramatically in the second half of 2006 and into the fourth quarter of 2007. 746. Accordingly, the values the Company assigned to this large group of assets was significantly higher than they should have been, violating relevant GAAP as set out at paragraphs 324 to 423 above. Because the Company was not reflecting these losses on its books, its revenues, earnings, and earnings per share were overstated as well. 747. In addition, these statements were false and misleading because the Company still failed to disclose the true extent of Bear Stearns' exposure from the repurchase collateral taken from the High Grade Fund. Beyond the $100 million write down in the hedge fund collateral in the quarter ending August 31, 2007, the Company had disclosed no further writedowns of the $1.2 billion of toxic hedge fund assets it still held on its books. 748. Finally, these statements were materially false and misleading because the write downs the Company reported were far less than would have been required if the Company had been valuing its Level 3 mortgage-related assets using models that actually reflected the carnage in the housing market. b. Fourth Ouarter 2007 Conference Call 749. Bear Stearns announced its fourth quarter 2007 results in a conference call on December 20, 2007. During the call, Molinaro repeated the financial results described at paragraph 740. These statements were false and misleading for the same reasons set out in paragraphs 742 to 748 above. 750. Molinaro also made false and misleading statements when he stated that: On November 14, we announced we would take a $1.2 billion write-down on our mortgage securities inventories as a result of continuing deterioration and market conditions through the end of October. During the month of November, market conditions 192 EFTA00316920
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 208 of 347 continued to deteriorate, which resulted additional write-downs, bringing total mortgage related losses to $1.9 billion. 751. Further, Molinaro stated: "we believe our mortgage positions have been conservatively valued in light of current market conditions and expected levels of defaults and cumulative loss estimates." (Emphasis added.) Molinaro further stated "Overall this franchise is strong; smaller and more focused on restructuring than origination going forward, but our top talent is in place and we are confident in the underlying earnings potential of the mortgage business." 752. These statements were false and misleading because they failed to disclose the Company's undisclosed losses from the worthless hedge fund collateral that it bore on its books. 753. These statements were also false and misleading because the losses were minimized by the fact that Bear Stearns was relying on misleading valuation models that failed to reflect the declining value of its highly illiquid Level 3 assets. 754. Moreover, the lack of any schedule giving details regarding the nature of the write downs left investors with no information about the nature of the Company's true exposure and compounded the false and misleading statements by such omissions. Write downs by other companies in the same period provided far more information, including the source of exposure (retained interest, derivatives, commitment to provide liquidity and/or credit support, or warehoused loans and mortgage-backed securities), the type of CDOs to which they were exposed (high grade, mezzanine, CDO-squared, etc.) and vintage of the subprime mortgages that underlie their CDO exposures. 7. Fiscal Year 2007 Form 10-K 755. On January 29, 2008, Bear Steams filed its Form 10-K for the annual and quarterly period ended November 30, 2007. The Form 10-K was signed by, among others, 193 EFTA00316921
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 209 of 347 defendants Greenberg, Cayne, Schwartz, Farber and Molinaro. The Form 10-K made misrepresentations regarding the Company's financial results, risk management practices, exposure to market risk, compliance with banking capital requirements, and internal controls. Finally, the 2007 Form 10-K contained false and misleading statements by the Company's auditor, Deloitte, relating to its review and certification of the Company's reported financial results. a. The Company's Financial Results 756. In the Form 10-K it filed on January 29, 2008, the Company stated that: Fiscal 2007 versus Fiscal 2006 Net revenues for Capital Markets decreased 46% to $3.92 billion for fiscal 2007, compared with $7.32 billion for fiscal 2006. Fixed income net revenues decreased 84% to $685 million for fiscal 2007 from $4.19 billion for fiscal 2006. Results for fiscal 2007 were heavily impacted by the severe market conditions across the fixed income sector. The repricing of credit led to significantly lower net revenue levels due to illiquidity in the markets as trading levels deteriorated across the spectrum of fixed income products. Mortgage-backed securities revenues decreased significantly during fiscal 2007 when compared with fiscal 2006 due to weaker U.S. mortgage markets and challenges associated with the subprime mortgage sector. Significant spread widening in the second half of fiscal 2007 served to reduce inventory values and activity levels. Mortgage-related revenues reflect approximately $2.3 billion in net inventory write downs in the second half of fiscal 2007. A large component of these write- downs were related to ABS CDOs and the unwinding of ABS CDO warehouse facilities. As of November 30, 2007, all ABS CDO warehouse positions have been unwound. The remaining write-downs were experienced across our U.S. and international residential and commercial inventories. 757. As a result, on January 29, 2008, Bear Stearns' stock closed at $91.58 per share, up from a close of $91.10 per share the day before. The following day, January 30, 2008, Bear Stearns' shares closed at $88.26. 194 EFTA00316922
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 210 of 347 758. These statements were false and misleading because, as explained in paragraphs 100 to 111 above, in this period Bear Stearns avoided taking losses on its Level 3 assets by using misleading valuation models, which did not accurately value its Level 3 assets. This avoidance of loss permitted the Company to increase its revenues and asset values and, for the fourth quarter and fiscal 2007, avoid additional losses, inflating the value of its stock. 759. Moreover, in the 2007 Form 10-K the Company was materially false and misleading in its assertions about the value of assets corresponding to Level 3. The Company stated that, as of November 30, 2006, it held $24.4 billion in Level 3 assets. This statement was false and misleading because, by January of 2008, the Company had been informed that the models it used to value the more than $7.5 billion in mortgage-backed securities in this asset category failed to reflect dramatic declines in the housing market. b. The Company's Risk Mannement Practices 760. Bear Steams' 2007 Form 10-K mislead investors with respect to the models it used to value mortgage-backed assets and assess risk. The 2007 Form 10-K stated that: Members of the Controllers and Risk Management Departments perform analysis of internal valuations, typically on a monthly basis but often on an intra-month basis as well. These departments are independent of the trading areas responsible for valuing the positions. Results of the monthly validation process are reported to the Mark-to-Market Committee ("MTMC"), which is composed of senior management from the Risk Management and Controllers Departments. The MTMC is responsible for ensuring that the approaches used to independently validate the Company's valuations are robust, comprehensive and effective. Typical approaches include valuation comparisons with external sources, comparisons with observed trading, independent comparisons of key model valuation inputs, independent trade modeling and a variety of other techniques. 761. The Company specifically asserted that: The Company regularly evaluates and enhances such VaR models in an effort to more accurately measure risk of loss. 195 EFTA00316923
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 211 of 347 762. These statements were false and misleading when made because, as set out at paragraphs 124 to 126 above, by the time of this statement the SEC had repeatedly warned the Company that the models it used to assess risk, including its VaR and mortgage valuation models, failed to reflect key indicators of market declines. According to the 2008 DIG Report, Bear Stearns' VaR models failed to include critical variables such as "housing price appreciation, consumer credit scores, patters of delinquency rates, and potential other data." It was precisely these indicators that would have reflected the rapidly declining housing market. 763. Moreover, according to the 2008 (DIG Report, reviews of the Company's risk management models which should have taken place before the subprime market cratered were never completed at any time before the Company's collapse. 764. Bear Stearns' 2007 Annual Report to Stockholders, attached as an Exhibit to the Form 10-K, misled investors with respect to Bear Stearns' risk control philosophy when it stated that "the Company's Risk Management Department and senior trading managers monitor exposure to market and credit risk for high yield positions and establish limits and concentrations of risk by individual issuer." 765. In fact, Bear Steams lacked risk management personnel and was unable to appropriately model for risk. Even when Bear Steams had the correct personnel in place, the 2008 (DIG Report indicates that its risk managers were unable to effectively communicate with the traders who were responsible for taking on additional risk. Bear Stearns did not have risk managers that had experience or were capable of valuing MBS which were central to Bear Stearns' business models. 196 EFTA00316924
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 212 of 347 766. Bear Steams' 2007 Form 10-K also misled investors with respect to Bear Steams' risk management procedures when it stated that "Comprehensive risk management procedures have been established to identify, monitor and control each of [the] major risks." 767. In fact, this statement was false and misleading when made because, according the 2008 OIG Report and verified independently by confidential witnesses, Bear Steams did not have risk management personnel at the time capable of accurately valuing MBS. 768. Bear Steams' 2007 Form 10-K also stated that "The Treasurer's Department is independent of trading units and is responsible for the Company's funding and liquidity risk management. . . [m]any of the independent units are actively involved in ensuring the integrity and clarity of the daily profit and loss statements." 769. Moreover, the Form 10-K stated that the: The Risk Management Department is independent of all trading areas and reports to the chief risk officer... [t]he department supplements the communication between trading managers and senior management by providing its independent perspective on the Company's market risk profile." 770. In fact, as set out at paragraphs 129 to 136 above, during 2007 Bear Stearns' risk managers had little independence from its trading desk, and no ability to reign in the Company's accumulation of risk. 771. Furthermore, despite the crucial deficiencies in the models Bear Steams used to value the Company's Level 3 assets, the Company stated in its Form 10-K that it was "marking all positions to market on a daily basis" and that it had "independent verification of inventory pricing." c. The Con man 's Ex osure to the Market Risk 772. The Company's 2007 Form 10-K was also false and misleading in that it failed to disclose the Company's true exposure to the subprime market by relying on valuation models 197 EFTA00316925
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 213 of 347 and VaR models that did not accurately reflect the current state of the subprime market. The SEC concluded in the 2008 OIG Report that, as a result, investors were deprived of "material information" that they could have used "to make well-informed investment decisions." 773. Bear Steams' 2007 Form 10-K also mislead investors with respect to its exposure to "market risk." In its 2007 Form 10-K the Company stated that it: mitigates its exposure to market risk by entering into offsetting transactions, which may include over-the-counter derivative contracts or the purchase or sale of interest-bearing securities, equity securities, financial futures and forward contracts. In this regard, the utilization of derivative instruments is designed to reduce or mitigate market risks associated with holding dealer inventories or in connection with arbitrage-related trading activities. 774. These statements were false when made because Bear Stearns managers were aware that it was impossible to effectively hedge against declines in assets in light of deficiencies in its VaR and mortgage valuation models, as discussed above at paragraphs 100 to 111 and 123 to 128. 775. Furthermore, because of the deficiencies in it VaR models, the Company was false and misleading in its representation in its 2007 Form 10-K that it had an aggregate VaR of just $69.3 million—still far lower than its peers. In fact, the Company knew that its VaR numbers failed to reflect its exposure to declining housing prices. d. Compliance With Banking Regulations 776. In its 2007 Form 10-K Bear Steams stated that "the Company is in compliance with CSE regulatory capital requirements." This statement was materially false and misleading when made because, as set forth at paragraphs 427 to 452 above, the Company had misled regulators into believing that it was meeting capital requirements only by repeatedly violating regulatory requirements relating to the appropriate calculation of net capital. As set forth in the 198 EFTA00316926
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 214 of 347 2008 OIG Report, the Company violated CSE rules by failing to take appropriate capital charges related to its collapsed hedge funds; by inflating its profit and its capital by using inflated marks on assets subject to mark disputes; and by falsely inflating its net capital by using misleading methods to calculate VaR. The Company's Internal Controls 777. Defendants Cayne and Molinaro each made false and misleading statements when they executed Sarbanes-Oxley Act certifications, annexed as an exhibit to the Form 10-K filing. This certification stated that stated that the Form 10-K report "does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report" and "the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition." 778. Defendants Cayne and Molinaro made false and misleading statements when they executed their Sarbanes-Oxley Act certifications, annexed as an exhibit to the Form 10-K filing, in stating that the Form 10-K report "does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report" and "the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition." 779. Cayne and Molinaro also certified that the Company had: [d]esigned such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles." 199 EFTA00316927
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 215 of 347 780. These statements were false and misleading, in that, despite repeated warnings from the SEC, the Company had made no effort to address deficiencies that went to the heart of the Company's ability to assess the value of its assets and its exposure to risk. Moreover, the encouraging revenue growth and earnings per share Bear Steams reported in its certified statements reported were only made possible by the fact that Bear Stearns was avoiding taking losses only by relying on misleading valuation models that failed to reflect the declining value of its highly illiquid Level 3 assets. f. Deloitte's Certification 781. As an auditor Deloitte also certified Bear Steams' 2007 Form 10-K, as required by Sarbanes-Oxley, and, in so doing, knowingly and recklessly falsely offered an opinion as to the financial statement's accuracy. As set out in detail at paragraphs 523 to 588 above, Deloitte knew or recklessly disregarded that these statements and certifications were materially false and misleading when made. C. Additional False and Misleading Statements in Calendar Year 2008 782. Bear Stearns made additional false and misleading statements immediately before it collapsed in a desperate effort to dupe investors into holding on to their shares in Company stock. 783. On January 31, 2008, Bear Steams published a letter it had written to John Cash, Accounting Branch Chief of the SEC's Division of Corporate Finance, in response to certain concerns the SEC raised about Bear Steams' exposure to subprime loans in its fiscal year 2006 Form 10-K. The Company described its use of econometric models: Our objective is to securitize all originated and purchased loans. All securitized retained interests from our subprime originations are recorded as financial instruments owned, at fair value, along with any other investments in subprime securities purchased 200 EFTA00316928
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 216 of 347 through our trading operations. Fair value is determined based on the net present value of a future stream of cash flows. Econometric models are used by the trading desk and risk management to generate these expected cash flows. Such models are primarily industry standard models that consider various assumptions, including time value, yield curve, volatility factors, prepayment speeds, default rates, loss severity, as well as other relevant economic factors. A degree of subjectivity is required to determine the appropriate models or methodologies as well as the appropriate underlying assumptions. Our models are estimated on a data sample of over [* * *] loans with performance history extending more than ten years. To better capture the impact of risk layers in mortgage loans, these models are estimated and implemented at the loan level. The underlying structure of the model is a competing hazards model with the prepayment and charge-off as the two possible terminal states for a mortgage. The model parameters are recalibrated on a regular basis to reflect the most recent data. 784. The statements in paragraph 783 above are materially false and misleading because the Company had actually subordinated its risk management function to the activities of its trading desks. Specifically, these statements failed to disclose that the pricing of MBS at Bear Stearns' trading desks was based more on trading levels in the market than on models. These statements did not disclose that the risk management models that Bear Steams employed were not used by traders for pricing, and were insensitive to price fluctuations in the housing market, a factor critical to assessing the risk associated with these securities. Its statements failed to disclose that the Company did not periodically evaluate its VaR models, and failed to timely update inputs to these models. 785. In a March 10, 2008 press release the Company said that "[t]here is absolutely no truth to the rumors of liquidity problems that circulated today in the market" and suggested that the Company had some $17 billion in cash. 201 EFTA00316929
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 217 of 347 786. The same day, Defendant Greenberg claimed during an interview with CNBC that the Company had no liquidity problems, calling such an assertion "ridiculous, totally ridiculous." 787. According to figures released by former Chairman Cox of the SEC in a March 20, 2008 letter to the Basel Group, the Company's liquidity pool on March II, 2008, even adjusting for the customer protection rule, stood at $15.8 billion. 788. On March 12, 2008, Defendant Schwartz, Bear Steams' CEO, appeared on CNBC and said that the Company's liquidity position and balance sheet had not weakened at all. "We finished the year, and we reported that we had $17 billion of cash sitting at the bank's parent Company as a liquidity cushion," he said. "As the year has gone on, that liquidity cushion has been virtually unchanged." Schwartz added that "We don't see any pressure on our liquidity, let alone a liquidity crisis." 789. These statements were materially false and misleading. Chairman Cox concluded in his letter that the Company's liquidity pool actually stood at $12.4 billion the same day—a drop of more than $3 billion from the Company's position barely fifteen hours earlier. Its liquidity pool stood at nearly $5 billion less than it had on Monday, March 10, 2008. A day after Schwartz' CNBC appearance on March 13, the Company's liquidity pool, according to Chairman Cox, stood at $2 billion. 790. As Schwartz was assuring investors on March 12 that the Company was experiencing no threats to its liquidity, $10 billion in cash was evaporating. 791. Moreover, Schwartz specifically denied on March 12 that the Company's risk had scared away any counterparties: CNBC: Let me start off with this broad idea that's been in the market now for a few days and pressuring your stock. Namely, that counterparty risk is something — new counterparty risk is 202 EFTA00316930
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 218 of 347 something that a number of firms on Wall Street no longer want to take in terms of dealing with Bear Steams. Is that true? SCHWARTZ: No, it's not true. We are — there's a been a lot of volatility in the market, a lot of disruption in the market, and that's causing some pressure administratively on getting some trades settled up, but we're workin' hard gettin' that done. We're in a constant dialogue with all of the major dealers and the counterparties in the Street, and we're not being made aware of anybody who is not taking our credit as a counterparty. CNBC: All right, so when I'm told by a hedge fund that I know well, that last night they tried to close out a mortgage — a credit protection mortgage position with Goldman Sachs that they had bought a year ago, Bear Stearns was the low bid, and I'm told that Goldman would not accept the counterparty risk of Bear Steams. You're saying you're not aware that that would be the case. SCHWARTZ: I'm not aware that, you know, on a specific trade from one counterparty to another and where you're a third-party, we have direct dealings with all of these institutions, and we have active markets going with each one, and our counterparty risk has not been a problem. 792. At the time he made this statement, Schwartz, as the Company's CEO, was aware that on March 6, 2008, more than a week earlier, Rabobank Group, one of Bear Stearns' European lenders, told the brokerage that it would not renew a $500 million loan coming due later that week. He also knew that ING had just pulled nearly half a billion in financing and that Goldman Sachs, once a principal source of cash for the Company, had at least temporarily halted covering any more Bear Stearns risk. 793. Furthermore, according to the 2008 OIG Report, the Company informed TM on March 12, 2008, the same day as Schwartz's statement, that "Bear Steams paid out $1.1 billion in disputes to numerous counterparties in order to squelch rumors that Bear Steams could not meet its margin calls." 203 EFTA00316931
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 219 of 347 794. On March 12, 2008 Bear Steams' stock closed at $61.58 per share, down from a close of $62.97 per share the day before. The following trading day, March 13, 2008, Bear Steams' shares closed at $57. IX. LOSS CAUSATION 795. Defendants' wrongful conduct, as alleged herein, directly and proximately caused the economic loss suffered by Lead Plaintiff and the Class. Throughout the Class Period, the market prices of Bear Steams securities were artificially inflated as a direct result of Defendants' materially false and misleading statements and omissions. When the truth became known, the prices of Bear Steams securities declined precipitously as the artificial inflation was removed from the prices of these securities, causing substantial damage to Lead Plaintiff and members of the Class. The chart below shows the fluctuation of the price of Bear Steams common stock leading up to and during the Class Period: Bear Stearns Share Price December 1. 2005 - May 30. 2008 $200 $180- $160 $140 $120 $100 $$80 0 $40 $20 $0 In GO GO GO GO GO r-- r-- N- N- OD OD o o 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 CV CV CV CV CV CV CV CV CV CV CV CV CV CV CV CM CM er (0 CO 0 CM tN1 ;et- -Co c- 35 II- .4- 796. During the Class Period, Bear Steams' common stock traded as high as $171.57 per share as recently as January 12, 2007. 204 EFTA00316932
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 220 of 347 797. By early March 2008, Bear Steams common stock was trading at above $60 per share and its management was vigorously denying rumors that Bear Stearns had any liquidity problems. On March 10, 2008, Bear Steams common stock fell $7.78, or 11%, to close the day at $62.30 on trading volume of 23 million shares. Despite the Company's attempts to reassure the market, Bear Steams stock price continued to fall by $5.30, or 8.5%, during the week as the rumors continued to intensify, eventually closing at $57.00 per share on March 13, 2008 on higher than normal volume. 798. On March 14, 2008, Bear Steams announced that its liquidity position had significantly deteriorated requiring the Company to seek financing via a secured loan facility from JPMorgan. In response to this news, Bear Steams' common stock price fell $27, or 47.3%, to close at $30.00 per share on particularly heavy trading volume of approximately 187 million shares (about eight times its three month average trading volume of 23 million shares). On March 17, 2008, Bear Stearns' stock price fell an additional $25.19, or 84%, to close at $4.81 on particularly heavy trading volume of about 166 million shares following Bear Steams' announcement on Sunday, March 16, 2008 that the Company would be acquired by JPMorgan for $2 per share. 799. In all, as a consequence of the revelation of the truth concerning Bear Steams during the Class Period, Bear Steams' common stock lost in excess of $19.8 billion in market capitalization. 800. Specific dates of adverse disclosure, and corresponding declines in the price of Bear Steams' common and preferred stock, are set forth in Section IV above. 801. Moreover, the adverse consequences of Bear Stearns' disclosures relating to its exposure to declines in the housing market, and the adverse impact of those circumstances on the 205 EFTA00316933
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 221 of 347 Company's business going forward, were entirely foreseeable to Defendants at all relevant times. Defendants' conduct, as alleged herein, proximately caused foreseeable losses and damages to Lead Plaintiff and members of the Class. 802. As set forth above, the Company's failure to maintain effective internal controls, its substantially lax risk management standards, and its failure to report its 2006-2007 financial statements in accordance with GAAP not only were material, but also triggered foreseeable and grave consequences for the Company. The financial reporting that was presented in violation of GAAP conveyed the impression that the Company was more profitable, better capitalized, and would have better access to liquidity than was actually the case. The price of Bear Stearns' securities during the Class Period were affected by those omissions and false statements and were inflated artificially as a result thereof. Thus, the precipitous declines in value of the securities purchased by the Class were a direct, foreseeable, and proximate result of the corrective disclosures of the truth with respect to Defendants' materially false and misleading statements. X. CLASS ACTION ALLEGATIONS 803. Lead Plaintiff brings this action on its own behalf and as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of a class consisting of all persons and entities which, between December 14, 2006 and March 14, 2008, inclusive (the "Class Period"), purchased or otherwise acquired the publicly traded common stock or other equity securities, or call options of or guaranteed by Bear Stearns, or sold Bear Stearns put options, either in the open market or pursuant or traceable to a registration statement, and were damaged thereby (the "Class"). The Class shall also include all persons who received Bear Stearns CAP Plan Units and Restricted Stock Plan Units that had fully vested, entitling them to 206 EFTA00316934
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 222 of 347 an equivalent number of shares of Bear Steams Stock upon settlement at the end of a deferral period, as a part of their compensation as an employee with the Company and participation in its CAP and RSU Plans. Excluded from the Class are the Defendants; the members of the immediate families of the Individual Defendants; the subsidiaries and affiliates of Defendants; any person who is an officer, director, partner or controlling person of Bear Steams (including any of its subsidiaries or affiliates) or any other Defendant; any entity in which any Defendant has a controlling interest; and the legal representatives, heirs, successors and assigns of any such excluded person or entity. 804. The members of the Class are so numerous that joinder of all members is impracticable. As of March 14, 2008, Bear Steams had approximately 136 million shares of common stock outstanding and actively trading on the NYSE with the ticker symbol "BSC." While the exact number of Class members is unknown to Lead Plaintiff at this time and can only be ascertained through appropriate discovery, Lead Plaintiff believes that the proposed Class numbers in the thousands and is geographically widely dispersed. Record owners and other members of the Class may be identified from records maintained by Bear Steams or its transfer agent and may be notified of the pendency of this action by mail, using a form of notice similar to that customarily used in securities class actions. 805. Lead Plaintiff's claims are typical of the claims of the members of the Class. All members of the Class were similarly affected by Defendants' allegedly wrongful conduct in violation of the Exchange Act as complained of herein. 806. Lead Plaintiff will fairly and adequately protect the interests of the members of the Class. Lead Plaintiff has retained counsel competent and experienced in class and securities litigation. 207 EFTA00316935
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 223 of 347 807. Common questions of law and fact exist as to all members of the Class and predominate over any questions solely affecting individual members of the Class. The questions of law and fact common to the Class include: (a) whether the federal securities laws were violated by Defendants' acts and omissions as alleged herein; (b) whether the SEC filings, press releases and other public statements made to the investing public during the Class Period contained material misstatements or omitted to state material information; (c) whether and to what extent the Company's financial statements were not presented in conformity with GAAP during the Class Period; (d) whether and to what extent Deloitte's audits of the Company's financial statements and management's assessments of internal controls during the Class Period were not conducted in accordance with the standards of the Public Company Accounting Oversight Board; (e) whether and to what extent the market prices of Bear Stearns' common stock and other publicly traded securities were artificially inflated during the Class Period because of the material misrepresentations and/or omissions complained of herein; (f) whether, with respect to Lead Plaintiff's and the Class' claims for violations of the Exchange Act, the Defendants named in those claims acted with the requisite level of scienter; (g) whether, with respect to Lead Plaintiff's and the Class' claims pursuant to Section 20(a) of the Exchange Act, the Defendants named in those claims were controlling persons of Bear Stearns; 208 EFTA00316936
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 224 of 347 (h) whether reliance may be presumed pursuant to the fraud-on-the-market doctrine; and (0 whether the members of the Class have sustained damages as a result of the conduct complained of herein and, if so, the proper measure of damages. 808. A class action is superior to all other available methods for the fair and efficient adjudication of this controversy because, among other things, joinder of all members of the Class is impracticable. Furthermore, because the damages suffered by individual Class members may be relatively small, the expense and burden of individual litigation make it impossible for members of the Class to individually redress the wrongs done to them. There will be no difficulty in the management of this action as a class action. XI. PRESUMPTION OF RELIANCE 809. Lead Plaintiff and the Class are entitled to a presumption of reliance, because the claims asserted herein against Defendants are predicated in part upon omissions of material fact of which there was a duty to disclose. 810. Alternatively, Lead Plaintiff and the Class are entitled to a presumption of reliance on Defendants' material misrepresentations and omissions pursuant to the fraud-on-the- market doctrine because: (a) Bear Stearns' common stock was actively traded in an efficient market on the NYSE during the Class Period; Class Period; SEC; (b) Bear Stearns' common stock traded at high weekly volumes during the (c) As a regulated issuer, Bear Stearns filed periodic public reports with the 209 EFTA00316937
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 225 of 347 (d) Bear Steams regularly communicated with public investors by means of established market communication mechanisms, including through regular dissemination of press releases on the major news wire services and through other wide-ranging public disclosures, such as communications with the financial press, securities analysts and other similar reporting services; (e) Steams; The market reacted promptly to public information disseminated by Bear (f) Bear Steams' securities were covered by numerous securities analysts employed by major brokerage firms who wrote reports that were distributed to the sales force and certain customers of their respective firms. Each of these reports was publicly available and entered the public marketplace; (g) The material misrepresentations and omissions alleged herein would tend to induce a reasonable investor to misjudge the value of Bear Steams' securities; and (h) Without knowledge of the misrepresented or omitted material facts alleged herein, Lead Plaintiff and other members of the Class purchased Bear Steams securities between the time Defendants misrepresented or failed to disclose material facts and the time the true facts were disclosed. 811. In addition to the foregoing, Lead Plaintiff and the Class are entitled to a presumption of reliance because, as more fully alleged above, Defendants failed to disclose material information regarding Bear Steams' business, financial results and business prospects throughout the Class Period. 210 EFTA00316938
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 226 of 347 XII. INAPPLICABILITY OF STATUTORY SAFE HARBOR 812. The statutory safe harbor provided for forward-looking statements under certain circumstances does not apply to any of the materially false and misleading statements alleged in this Complaint. The statements alleged to be false and misleading all relate to historical facts or existing conditions and were not identified as forward-looking statements. To the extent any of the false statements alleged herein may be characterized as forward-looking, they were not adequately identified as "forward-looking" statements when made, and were not accompanied by meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those in the purportedly "forward-looking" statements. Alternatively, to the extent that the statutory safe harbor would otherwise apply to any statement pleaded herein, Defendants are liable for those materially false forward-looking statements because, at the time each of those forward-looking statements was made, the speaker knew the statement was false or the statement was authorized or approved by an executive officer of Bear Steams who knew that those statements were false. CLAIMS FOR RELIEF COUNT I For Violation of Section 10(b) of the Exchange Act and Rule 10b-5 Promulgated Thereunder (Against All Defendants) 813. Plaintiffs repeat and reallege each and every allegation in the foregoing paragraphs of this Complaint as if fully set forth herein. This claim is asserted against Bear Stearns, Cayne, Schwartz, Spector, Molinaro, Greenberg, Alix, Farber, and Deloitte ("Rule 10b- 5 Defendants"). 211 EFTA00316939
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 227 of 347 814. During the Class Period, the Rule 1013-5 Defendants: (a) knowingly and recklessly deceived the investing public, including Plaintiffs, as alleged herein; (b) artificially inflated the market price of Bear Steams' common stock; and (c) caused Lead Plaintiff and the Class to purchase or otherwise acquire Bear common stock at artificially-inflated prices. 815. Each of the Rule 10b-5 Defendants, in violation of Section 10(b) of the Exchange Act and Rule 10b-5(b), made untrue statements of material facts and/or omitted to state material facts necessary to make the statements made by the Rule 10b-5 Defendants not misleading, and/or substantially participated in the creation of the alleged misrepresentation, which operated as a fraud and deceit upon Lead Plaintiff and the Class, in an effort to maintain the artificially- inflated price of Bear Steams' common stock during the Class Period. The Rule 10b-5 Defendants' false and misleading statements (and omissions of material facts) are set forth in paragraphs 589 to 794, supra. 816. As a result of their making and/or substantially participating in the creation of affirmative statements to the investing public, the Rule 10b-5 Defendants had a duty to promptly disseminate truthful information that would be material to investors in compliance with applicable laws and regulations. 817. The Rule 1013-5 Defendants, individually and in concert, directly and indirectly, by the use, means or instrumentalities of interstate commerce and/or of the mails, made or substantially participated in the creation/dissemination of, untrue statements of material fact as set forth herein, or with extreme recklessness failed to ascertain and disclose truthful facts, even though such facts were available to them. 818. The facts alleged herein give rise to a strong inference that each of the Rule 10b-5 Defendants acted with scienter. Each of the Defendants knew or with extreme recklessness 212 EFTA00316940
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 228 of 347 disregarded that the Class Period statements set forth in Section VIII above were materially false and misleading for the reasons set forth herein. 819. The Rule 1013-5 Defendants carried out a deliberate scheme to misrepresent the effectiveness of Bear Steams' controls, the value of Bear Steams' assets, and the risks to which the Bear Steams' investors were being exposed. 820. As a result of the dissemination of the materially false and misleading information and failure to disclose material facts, as set forth above, the market price of Bear Steams' securities was artificially inflated throughout the Class Period. Unaware that the market price of Bear Stearns' common stock was artificially inflated, and relying directly or indirectly on the false and misleading statements made by the Rule 10b-5 Defendants, or upon the integrity of the markets in which Bear Steams' common stock traded, and the truth of any representations made to appropriate agencies and to the investing public, at the times at which any statements were made, and/or in the absence of material adverse information that was known, or with deliberate recklessness disregarded, by the Defendants but not disclosed in their public statements, Plaintiffs purchased or acquired Bear Steams' common stock at artificially-inflated prices. 821. As a direct and proximate result of the Rule 10b-5 Defendants' wrongful conduct, Lead Plaintiff and the other members of the Class suffered damages in connection with their respective purchases and sales of Bear Steams' common stock during the Class Period, when the inflation in the price of Bear Steams' common stock was gradually removed as the truth regarding the Rule 1013-5 Defendants' conduct was revealed causing the price of Bear Steams' common stock to decline and thereby resulting in economic losses to Lead Plaintiff and the Class. 213 EFTA00316941
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 229 of 347 822. By reason of the foregoing, the Rule 1013-5 Defendants violated Section 10(b) of the Exchange Act and Rule 10b-5(b) promulgated thereunder, and are liable to Lead Plaintiff and the Class for damages suffered in connection with their transactions in Bear Steams' common stock during the Class Period. COUNT II For Violation of Section 20(a) of the Exchange Act (Against the Officer Defendants) 823. Plaintiffs repeat and reallege each and every allegations in the foregoing paragraphs of this Complaint as if fully set forth herein. This claim is asserted against Cayne, Schwartz, Spector, Molinaro, Greenberg, Alix and Farber ("the Officer Defendants"). 824. Bear Steams is a primary violator of Section 10(b) and Rule 1013-5, promulgated thereunder. 825. The Officer Defendants acted as controlling persons of Bear Steams within the meaning of Section 20(a) of the Exchange Act, as alleged herein, by reason of their positions as officers and/or directors of Bear Stearns, their ability to approve the issuance of statements, their ownership of Bear Steams securities and/or by contract. As such, the Officer Defendants had the power and authority to direct and control, and did direct and control, directly or indirectly, the decision-making of Bear Steams as set forth herein. The Officer Defendants were provided with or had unrestricted access to copies of the Bear Stearns' reports, press releases, public filings and other statements alleged by Lead Plaintiff to be misleading prior to and/or shortly after these statements were issued and had the ability to prevent the issuance of the statements or cause the statements to be corrected. Each of the Officer Defendants had direct and supervisory involvement in the day-to-day operations of Bear Steams and, therefore, is presumed to have had the power to control or influence, and during the Class Period did exercise their power to control 214 EFTA00316942
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 230 of 347 and influence, the conduct giving rise to the violations of the federal securities laws alleged herein. The Officer Defendants prepared, or were responsible for preparing, the Bear Steams' press releases and SEC filings and made statements to the market in SEC filings, annual reports, press releases, news articles and conference calls. The Officer Defendants controlled Bear Stearns and each of its employees. 826. By virtue of their positions as controlling persons of Bear Stearns, and by reason of the conduct described in this Count, the Officer Defendants are liable pursuant to Section 20(a) of the Exchange Act for controlling a primary violator of the federal securities laws. 827. As a direct and proximate result of the Officer Defendants' wrongful conduct, Lead Plaintiff and other members of the Class suffered damages in connection with their purchases of the Bear Steams' common stock during the Class Period. COUNT III For Violations of Section 20A of the Exchange Act (Against Defendants Cayne, Schwartz, Spector, Molinaro, Greenberg, and Farber) 828. Plaintiffs repeat and reallege each of the allegations set forth above as if fully set forth herein. 829. This Count is asserted pursuant to Section 20A of the Exchange Act against Cayne, Schwartz, Spector, Molinaro, Greenberg and Farber (the "Section 20A Defendants"), on behalf of Lead Plaintiff and all members of the Class who purchased Bear Steams stock contemporaneously with any of these Defendants' sales of Bear Steams stock during the Class Period. 830. Each of the Section 20A Defendants sold substantial numbers of shares of Bear Stearns stock during the Class Period while in possession of material, adverse, nonpublic information. This conduct violated Section 20A of the Exchange Act. 215 EFTA00316943
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 231 of 347 831. As set forth in the annexed certifications of Lead Plaintiff and the annexed Exhibit A, Lead Plaintiff purchased shares of Bear Steams stock on the same day as or close in time to sales of Bear Steams stock made by the Section 20A Defendants while these defendants were in possession of material, adverse, nonpublic information. These sales and purchases were contemporaneous within the meaning of Section 20A of the Exchange Act. 832. Numerous other Class members also purchased Bear Steams stock contemporaneously with the Section 20A Defendants' sales of stock during the Class Period. 833. Accordingly, under Section 20A of the Exchange Act, the Section 20A Defendants named in this Count are each liable to Lead Plaintiff and the Class for all profits gained and losses avoided by them as a result of their stock sales. 834. The Defendants named in this Count are required to account for all such stock sales and to disgorge their profits or ill-gotten gains. PRAYER FOR RELIEF WHEREFORE, Lead Plaintiff, on behalf of itself and the Class, respectfully prays for judgment as follows: A. Determining that this action is a proper class action maintained under Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, certifying Lead Plaintiff as class representative, and appointing Labaton Sucharow LLP and Berman DeValerio as class counsel pursuant to Rule 23(g); B. Declaring and determining that Defendants violated the Exchange Act by reason of the acts and omissions alleged herein; C. Awarding preliminary and permanent injunctive relief in favor of Lead Plaintiff and the Class against Defendants and their counsel, agents and all persons acting under, in 216 EFTA00316944
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 232 of 347 concert with, or for them, including an accounting of and the imposition of a constructive trust and/or an asset freeze on Defendants' insider trading proceeds; D. Ordering an accounting of Defendants' insider trading proceeds; E. Disgorgement of Defendants' insider trading proceeds; F. Restitution of investors' monies of which they were defrauded; G. Awarding Lead Plaintiff and the Class compensatory damages against all Defendants, jointly and severally, in an amount to be proven at trial together with prejudgment interest thereon; H. Awarding Lead Plaintiff and the Class their reasonable costs and expenses incurred in this action, including but not limited to attorney's fees and fees and costs incurred by consulting and testifying expert witnesses; and I. Granting such other and further relief as the Court deems just and proper. 217 EFTA00316945
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 233 of 347 DEMAND FOR JURY TRIAL Lead Plaintiff, on behalf of itself and the Class, demands a trial by jury of all issues so triable. Dated: February 27, 2009 Respectfully submitted, BERMAN DeVALERIO LABATON S C AR WLLP By: C By: \ Jeffr C. Block (JCB-0387) Thomas A. Dubbs (TD-9868) Patrick T. Egan James W. Johnson (JJ-0123) Justin Saif Javier Bleichmar (JB-0435) One Liberty Square Michael W. Stocker (MS-1309) Boston, Massachusetts Telephone: 02109 Alan I. Ellman (AE-7347) 140 Broadway Facsimile: New York, New Telephone: York 10005 Joseph J. Tabacco, Jr. (JJT-1994) Facsimile: Julie J. Bai 425 California Street Suite 2100 San Francisco, Telephone: Facsimile: Lead Counsel for the Class and Attorneys for Lead Plaintiff State of Michigan Retirement Systems 218 EFTA00316946
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 234 of 347 Exhibit A EFTA00316947
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 235 of 347 Stale of Aliehigan Retirement Systems Ass Pond Beginning, .2142006 First•In line-Out CFI F01 Sbare Accounting Gain 'Lass I Analysis . :an Period End 3/14/2110/ Tie Bear Stearn Companies, Inc. Common Stock Looktsack Peisof Begumeng 3117/200/ Clan Period: December 14, 2006 • Mares le, 2001 itooliback Persod' Est 5/15/2001 llnyt in 'Lockage/ Period'. 60 -Lookback Persod" Avenge Closing MCC SIO 01111 Offset for Shales Sold SWIMS Into Class Data Dade 7 otal Transaction bade Total Retained Gain Above Type Date Price Shares Cost Type hate Price Shares Proceeds @OS/15/200g (Loss) * SI 0 0811 Pre-(lass Period Holdiotts 92,1113 Pre•Clan Period Holdings Sold Through End of (lass Period Pre•Class Period Moldings 1.600 Sale 12/Isacos $162323 1,600 S 259.716 02 S 2433731E Pre•Claat Period holdings 300 Sale 12/19/2006 $163 75) 300 S 49.125 77 46,099.12 Pre•Class Penod holdings 900 Sale 12/21/2006 $163646 900 S 147.211 12 S 13/20137 Pre-Cass Period Holdings 300 Sale 06015/2007 2150 171 300 S 45263 10 42236.65 Pre•Clan Period holdings 2.600 Sak 07202007 5115 051 2,600 S 351.132 61 S 321,901.70 Prc-Class Patted tickling% 3200 Sale 09/21/2007 5117011 3.200 S 374.61e 26 S 342,39798 Pre-Clam Itr•od IInkling% 200 Sale II/212002 599 441 203 S 19.119 69 S 17,871.92 Pte-Class Penrod I toktnes 2.100 Sale 12/21/2007 591 013 2,100 S 209,329 61 S 116,125.35 Pre•Clan Penile I isid.ng% 200 Sa:c 02/01/2008 $90390 200 S 11,077 90 16,060.13 IA. Tail 11,600 11/600 S 1,474,499.12 S 1,337,44161 Page I oil EFTA00316948
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 236 of 347 Stale of Michigan RetirtmenISydems First-In First-Out ("FIF(2") Share Accounting Gain (Loss) Analysis The Bear Stearns Companies, Inc. Common Stock Clam Period: December I4, 2Ø. March I 4. 2001 Class Pcriod Beginning. IVla:2006 Class Period Fad: Dlli2C0il 'Lookback Period- &ginning 1/7/201 tookbeck Pared" End S/IS/20uS Days its 'Lathiest Period' 60 1-ookback Period' Amiga Closing Price SI0 Mg Offset (or Shares Sold Shares Into Class Tramaction TØ Total Transaction Trade Total Retained Gain Above Type Date Prwe Stiro Cow -Ewe Dare Pine Slimes Proceeds (it 054 5/200g (Loss) ' S10.0888 It Pre-Clan Period Hold rags Sold Daring "tabbed' Period" Mnlatuw of Actual or Avenge Closing Prke between 0341/2008 and dale of sale Pre-CLass Period Holding. 80,583 Salt 03/24/2008 SI0.51$ 60.583 S 846.53925 0 5 33.55048 It Total 00.583 80.583 5 846,539.25 0 5 33.5511.10 Page 2(.1'7 EFTA00316949
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 237 of 347 State of Michigan Retirement Syslem Fint-In Firsl-Out ("FIFO") Share Accounting Gain (Lon) Analysis The Bear Smarm Companies, Inc. Common Snick (lass Period: December 14.2006 March 14.200n Clam Period Beynnin" 12/1a/7006 Clam Period End 3/34,2003 'Looirbock Period' Reynnorg 1117r2hOt "Loramk Period" End 545/2004 Days Look bac Penoe 60 'Leaked l'er.od- Meng< Closing Price 110 OW Offset for Shares Sold Shares Into Class Transaction Dale Tad blessed«, Trade Total Retained Gam Above Type Dee Price Shea Cost Type Dare Price Shares Proceeds 0.0915/200E (Loss) 510.0888 IC. Pet-Clas Paled Hakes Held at Fad of "Lookbeek Period" Pre-Clau Pentad I folding 0 0 IC. Total 0 0 S 0 S Page 3 of 7 EFTA00316950
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 238 of 347 State of Mkkipa Ruination Symms Fint-la Fuss-Oat I- FIFO") Spa re AttOat int Cain (Iraq Analysis The Bear Swans Cotentin. lac. Comaion Sion Cam Period: December 14, 2006 - March la. 2000 Class Period Itegonntng Class Period End •Lookback Period• Reginnitt4 3/17/2001 •Lookback Perrot had DIS/2000 Days in *Lnekback Period'. 60 'Lookback Period' Average Closing Price SR/ MOM 12114)7006 3/144000 Offset for Shares Sold Spurr Into Clan Transaction Trade Total TIIIIISiCli011 Trade Total Retained Gam Above Type Date Price Shares Cost Type Dale Price Shares Proceeds 0SIIS/2002 (Lose)' 510088E 2A. Class Period Purchases Sold Mot to End of Class Period Purchase 0 S 2.A. Total 0 S Page 4 of 7 0 S 0 S EFTA00316951
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 239 of 347 Stine of %I kbisan Retirement Syslems Pint•In Ftnl•Out ("FIFO") Share Anrosinling Cain (lots) Analysis The Bear Stearns Companies, Inc. Common Stock Clam Period: December 14.2006 • March 14, 2008 Class Period Beginning Class Pelted EM •Lookhack Penal Berman 3/17/2001 •Lookback Pewit" End 5/I 5/2008 Days in 'Lookback Bawd" 00 'Lookback Pend' Average Closing Price 5100881 12/1442006 3/14/20:4 Offset for Shales Sok1 Skiers Into Class Transaction Trade Total Transition Trade Total Retained Gun Abuse Type Date Price Shares Cost Type Date Price Shares Proceeds 05/15/20M tionj 5100885 211. Clam Period Purebams Sold Daring "Lookback Period" Mastmam of As-taal sir Avenge <babe Prim before* 01117120011 and dale of sale Purchase 03/16/2007 5147 066 2400 5 352.955 88 Sale 03/24/20:05 510.505 2.400 $ 2521244 S (527,74644) Purchase 07/182007 5137 993 79,429 S 10.960653 94 Sale 03/24/20011 510.505 79.429 5 53441627 5 (10.126.23767) Purchase 07/18/2007 $139340 1.500 5 209.009.99 Sale 03/24~ 510305 1.500 S 15.757 71 5 (193.252 211 Purchase 07/11/2007 $137 961 70049 S 9374376 01 Sale 01/24.20M 510.914 70049 5 744,281 79 $ (9030,294 22) Purchase 07/18/2007 5137 964 7,039 S 971,12508 Sale 03/24/2002 510.504 70)9 5 73.94599 $ 097,179 071 Purchase 07/1/2007 $137964 134361 5 10592.099 22 Sale consras 510.741 134,761 5 1450.12092 (17.141.27130) Purchase 07/11/2007 5138 002 115.239 S 15.903.18943 Sale 03/25120011 510.764 115,2)9 S 1.240.61939 5 (14.662.540 041 Mk Toni 411,217 5 5476341235 411.217 S 4.14.4.164.57 0 5 152,378.527.91) 5 Page 5 01 7 EFTA00316952
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 240 of 347 bole of MkMiss Ref iremtn1 Syslems Fint-In Fir l -Chit ("FIFO- ) Shire Accounting Gain (Loss) Analysis The Bear Mira rns Companies. Inc. Common Stock ( lass Period: December 14, 2006 • March 14,2008 Class Period Beginning I 2;14:2006 Class Period End 314'2031 •Lookback Penod Reginiung 3 1712On 'Lookb.sek Pence End 3 I 51.10(1 Days in -Lookbmk Perot 60 'I ookbadi Period' Average Closing Price 510 OSA1 Shares Offset for Shares Sold IMO Class Transaction Trade Total Transaction Trade Total Retained (iam Above TYM Dale lice Shares Cosi Tine Date Prue Shares Proceeds lar 0515/200% (Loss) SR) 0888 2C. (lass Period Nreluseis Ileld Al End of "Imokbacik Period- Purchase 07/1112007 51311 002 :5.332 5 2.115,843 60 15,332 5 11.961.161 55) Purchase 07/18/2007 5119 340 1.900 S 264,745 99 1,900 S 1245.577 20) Purchase 07111/2007 5139 340 1.400 5 195,075 99 1,403 S (180.951 62) Pisic'sase 07/19/2007 S1)914) 9.722 S 1,352.747 28 9,722 S (1.254.(61 60) PurOsase 07/19/2037 5139143 10,561 S I469,488.17 10.561 5 (I.)62,93996) Purchase 07/20/2007 5115 980 44.068 5 3992.375 45 44.061 S (5.547.710 571 Purchase 10/11/2007 5126 330 200 S 25.266 00 200 5 123,24823) Purchase 12/26/2007 $17614 200 S 17,522 76 200 S 115.504 99> 2C. Total 83.383 $ 11,433045.24 0 5 13,3113 S (18$91.1127T2/ Page 6 ofl EFTA00316953
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 241 of 347 State of Michigan Retirement Systems First-In First-Otst ("FIFO") Share Amounting Gaits floss) Analysis The Bear Starts Companies. Me. Common Stock (lass Period: December 14.2006 - March 14, 2008 Cis Paned Besmama Clos Period fad imaktect Pupal' Retracing 3/17/2002 "limakback Period- Eat SOS/20011 Days ma 'Lookback Period- 60 lookback Period' Average Clonal Rice SIO 08112 12/1472006 3/14/2002 Offset for Shares Sold Shares Into Clan Transaction Trade Total Try/bac:son Trade Total Retained Gam Above Type Dan Price Shafts Coss T Dale Poet Shares Proceeds (id OS/IS/200S (Loss)' $100888 ('Ian Pend Purchase Total 494.600 S 66.19647/.79 Grand Total 494.600 S 61096,677.79 411,217 S 4)115084.57 83,383 S (62,970,355.71) 503.400 S 6.706.122.94 83.383 I For Class Pend Purchases held at end of Locatteck Paled. Gan (Loss) ss tamed oa holdsags valued as SIO 081* per share Page 7 of 7 EFTA00316954
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 242 of 347 Mate of Michigan Retirement Systems Class Period Beginning 12114/2006 Last-In Fint-Oul ("LIFO") Share Accounting Gain (Ion) Analysis Clan Parur End 311412001 The Bor Swann Companies, Inc. Common Stock tookbadi Period' &prong 3,17,20:11 Class Period: December 14. 2006 March II. 2008 'Lodbock PMOr Pad 5/15/200$ Days ta -Lodback Perrot 60 tookback Period" Aware Closing Price $10 03311 Offset for Shares Sold Skates Into Class Traroction Trade Tow. Transaction Trade Total Retained Gain Above Date Pic Share Coal Type Date Met Shares Proceeds @05/15/2008 (Lou) 5100188 Pre-flan Period Holdings 92.131 IA. Fre-flass Period Iloldinp Sold 1 hrougli End of Class Period Pre-Class Period Holdings 1 boo Sak 1245(2006 $161 323 1,600 5 259.716 02 Irl S 243.57358 Pre-Class Period Holdings 100 Sale 12/19/2006 5161 753 300 5 49.125 77 0 T 46 099 12 Pre-Class Period Holdings VOA ‘al< 12/212006 $163.646 SOO 3 1478182 0 1 111291 37 IA. Total 2,51m UM 3 456,123.61 Page I of 7 427,37427 EFTA00316955
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 243 of 347 Stale of blicbigan Retirement Systems First-Out (”1.110") share Accounting Gaint tom) A nalmis The Bear Stearns Companies. Inc. Common `duck Clam Period: December 14, 2006 • March 14. 200a Class Period Bey:mu:ay 12:142006i Class Period End TO41000 tootbak Period' Beginning 3117/2008 -Laoltback Pamir End 51151200$ Days is*Lookback Period': 60 1.0tOkboirk Pend- Avenge Closing Puce SIO OUR °Biel foe Shales Sold Shares Imo Claus Transachein Trade Total Tramacaon Trade Total Retained Gain Above Type Oak Price Shams Co.i Type fame Price Shares Proceeds be OS/Isaws (Lou) ' SIO OUR IL ?mein. Period Holdinits Sold During - Lotiaback Period" Mailer-a of Actual or Avenge Closing ►rice bents UMW= and date *task Pre-Class Period Dolan. 6 WO Sale OTIS/200S $10.766 6.000 S 64.595 29 4,062 26 IL Total x.000 6,000 $ 64,595.29 0 4.062.26 Page 2 of 7 EFTA00316956
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 244 of 347 Stale of Michigan Retirement Systems Last-In First•Oul ("LIFO") Share Accounting Gain (Loss) Analysts The Bear St Companies. Inc. Common Stock Clam Period: December 14. 2006 • March 14.2018 Transaction Trade Type Dale Price Shares IoW Cos IC. Pre-Clan Period Holdings Held at End of "Lookbact Period" Pre-Class Period Holdings !SUM Class Period Beginning 12 142006 Class Period bad 3/14.2.60‘ *Lookback Period' Beginning Y1212006 tookbeck Penocr End 915 2001 Days in 'Lookback Period- 60 tooktedk Peeve Average Closets Price $100881 Offset for Shares Sold Shares Into Class 1 minaction rode Total Retained Gam Above Ispe Date Price Skates Proceeds .14; 05.15/200g (Lon)' $100881 83.383 IC. Thal JUJU Page 3 of 7 0 S 83,383 EFTA00316957
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 245 of 347 Stare of Michigan Retirement Systems Ian-In lint -Chit ("Linn Share Accounting Gain Moss) Analysis The Rear Stearns Companies, Inc. Common Stock Class Period: December 14,2006 • March 11, 200n Cbss Penod Begmnir.g 12 14 2043a Class Period End 3 14 20,14 idokback Pound" Beginning 3 1 7,2(4,3 Idatock Period' End 5,15,2(xis Days m 'Look back Period' 6c -Lectback Period' Average Closing Price 510 0888 Offset fot Shares Sold Shawl Into Clan Transaction Trade Total Ttilitlia)O11 Trade Total Regained Gain Above Type DaN Puce Shrum Cost lyric Date Price Shares Proceeds fd OS/IS/2008 ( Loss) I 5100111 2A. (lam Period Prelims Sold Prior to Fad of (Suss Period Perham 034612007 $147066 100 S 44,11986 Sale 064512007 SI 50 871 300 S 45,263.30 1,143.44 Nodal. 07/202007 $135980 2.600 S 353548 52 Sale 07/20,2007 SI 35 051 2.600 S 351,132 68 S (2415.84) Perching 07/202007 5135980 3.200 S 435,13644 Sale 09/21/2007 5117 011 3.200 S 374.6112 26 S (60,45435) Perchare 1041/2007 $126 330 200 S 25,266.00 Sale 11282007 599.441 200 $ 19,889 69 (5376.31) Purchase 07/20/2007 $135980 2,303 S 312,714 46 Sale 12/21/2007 $91 013 2,300 S 209.329 613 S (103,424 73) Purchase 12/262007 $13614 200 S 1732236 Sale 02/012008 $90390 100 S 18,077 90 555 14 2A. Total 8.800 S 1,188,34024 8.100 S 1,018.375451 S (169372.73) S Page 4 of 7 EFTA00316958
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 246 of 347 State N Mithipa Refitment Stsrents Lail-10 First-Out ru FO") !Rare Areouating Gain (Lem) Analysis The Bear Slam Compaaies, Inc Comma Stock Class Period: Member 14.2006 - March 14. 20011 Class Period Beginning: 12/14,2006 Class Period End: 3/14/2008 "Lookback Period' Beginning: 3117/2008 -Lookback Period' End. 5/21108 Days in "Lookback Period". ho tookback Peke Average Closing Pnce. SIC, 0888 Shams Transaction Trade Total Transaction Trade Total Retained Type Date Price Shares Cost Type Dare Puce Shares Proceeds (ca 05/15/200 (Loss) ' 510.0081 it Class Period Plantain Sold During "Lookhan Period" Maximum of Actual or Avenge Closing Prim between 0311 ;2008 mad date of sak Purchase 07/11/2007 $137964 51,678 S 7,129,677 75 Sale 03/24/2008 510.505 51878 S 542,88690 S (6,586,790.15) Purchase 07/18/2007 $138002 130,571 S 18019,033 03 Sale 03/24/2008 $10.505 130,571 S 1,371,672 39 S (16447.36064) Pram 07/142037 5139.340 1.900 S 264,745.99 Sale 03/24/2008 S10305 1,900 5 19959 85 S (244.71614) Ninny 07/114037 SI 19 340 1,400 5 195,075 99 Sale 03/24/2008 510.505 1.400 S 14.707 26 S (110.36173) Pens 07/19/2007 1139 143 9,722 S 1,352,747 28 Sale 03/24/2008 510.5(6 9.722 $ 102,131 40 S (1.250.615/$) Puichase 07/19/3007 $139.143 10,561 S 1,469,481 17 Sate 03/24/2002 SI 0.505 10.561 S 110.945 25 S (054542 92) Purchase 0720/2007 $135.980 35,961 S 4,89083513 Sale 03/24/2008 $10305 35.968 S 377850.46 S (4813.085 37) Purchase 03/16/2007 $147066 2.100 S 30883902 Sale 03/25/2008 $10.766 2,100 S 22,60135 5 (216230 67) Purchase 07/142007 $137993 79,429 S 10860,65)94 Sale 03/242008 510.766 79829 $ 855.12318 S (10.105.530 761 Purchase 07;142007 $139340 1,500 S 209.009 99 Sale 03/25;2008 510.766 1,500 $ 16,14 V S (192,161 17) Purchase 07/1/1/2007 $137963 70,849 S 9,774,57601 Sale 03252008 510.766 70,849 $ 762.75192 5 (9,011824 09) Purchase 07/11/2007 $137964 90,122 S 12,433,546 55 Sale 03;292008 S10.766 90,122 S 970,242 75 $ (11.463.303 30) 28 Total 4/15800 S 67,008,329.55 485.100 S 5.167,02453 S (61.811.301.02) S Offset for Shares Sold Into Miss Gain Above Page Sof? EFTA00316959
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 247 of 347 State of Michigan Retirement Systems Last-In Fimt-Out ("LIFO") Share Accounting Gain (Loss) Analysis The Bear Stearns Companies, Inc. Common Stock Oats Period; December 14, 2006 - March 14, 2008 Class Period Beginning Class Period End. 'Lookback Period" Beginning "Lookback Period" End: Days in "Lookback Period": "Lookback Period" Average Closing Price 121142006 3/14/2008 3/17/2008 5,115/2008 60 SI0 0888 Offset for Shares Sold Shares Into Clays Transaction Trade Total Transaction Trade Total Retained Gain Above Type Dale Price Shares Cost Type Date Price Shares Proceeds :2()08 (Lois)' 510.088 2C. (lass Period Purchases IleM Al End of "Lookback Period" Purchase 0 S 2C. Total 0 $ Page 6 of 7 0 S 0 S EFTA00316960
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 248 of 347 State of Stickman Retirement Silks% Last-In Fertb<ht (flair I Share Accounting Cale (Loss) Analysts The Bear Stearns Companies. Inc. Common Stoat (lass Period: December 14, 2006 - March 14, 2000 Class Penod Beginning 12/14/2006 Class Penod End- 3/142008 *Lookbeck Period' Beginning 117/2008 tookback Period" EM 5/15/2008 Days in "Lockback Penod'' 60 ' Lao&bock Period" Average Closing Puce SIC 0688 Offset for Sham Sold Shares Into Class Transaction Trade Total Transaction Trade Total Retained Gam Above Type Dote Price Shares Coat Type Dale Price Shams Proceeds (al 0115/2008 :Loss) 501 OW Class Period Purchase Total 191,600 S 68,196,677.79 Grand Total 494,600 S 66,196.677'9 4944O3 S 6.1$5.1•1.14 0 S (62.11,273:75) S03,400 S 6,706,122.94 83.303 I For Class Paned Purchases held at end of LookNck Pen* Gila II-ass) is based o= boa:brigs sawed 0510 08» pet skate Total Pigtes may differ Boni-PSI, as under LIFO. pod-Class Paned sales are first allocated so post-Clam Penod purchases, if any Thew dominoes and sales, ft any, are not shown here Page 7 of 7 EFTA00316961
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 249 of 347 Exhibit B EFTA00316962
FORM 4 ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). .05-cvNiegiit§i§drActiatekINESFAINbVialikNefir 250 tglittit4ippRowth COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • CAYNE JAMES E 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x Director 10% Owner _ _ X Officer (give title below) Other (specify (Last) (First) (Middle) (YO BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction (MWDDIYYVY) 12/19/2005 _ _ below) Chairman of the Bd., CEO (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) _ X Form Med by One Reporting Person Form filed by More than One Repotting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I aide of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Repotted Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common 12/19/2005 m ti) 404213 A SO 5856589.00 - D Common I/119/2005 s 202000 D S115.95 5654589.00 I D Common Stock 45669.00 I By Spouse Table II - Derivative Securities Beneficially Owned e.g. , puts, calls, warrants, options, convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. nail , . Dale 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 81 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Ins r. 3. 4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Imo 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction 61 (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Sham CAP Units (2000) (21 12/19/2005 M (1) 404213 11/30/200S 11/30/2003 Common to 40421100 SO 0.00 D Explanation of Responses: ( I) Settlement of CAP Units and distribution of common stock to Reporting Person pursuant to CAP Plan; exempt under Rule 16b-3. ( 2) This type of derivative security typically does not have a conversion or exercise price Reporting Owners Reporting Owner Name / Address Relationships Director 10% OwnerOfficer Other CAYNE JAMES E GO BEAR, STEARNS & CO. INC. EFTA00316963
k i Case 1:08-cvi02793 RWS ocument 102 Filed P 212 /09 Page 251 of 347 83 MADISON AVENUE. X Chairman of the Bd., (7EO EW YORK, NY 10179 Signatures /s/ Cayne, James E. •' Signature of Repotting Person 12/20/2005 Date Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). ▪ Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316964
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 252 of 347 SEC Form 4 FORM 4 Cold. Ins boa arelonger Gutted te 0 Salta IS. Fenno a Forms otrgelons mad cordate. See ',but° IN. UNITED STATES SECURITIES AND EXCHANGE COMMISSION washnson. O.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuanl to Section 18(a) ol the Seturbes Exchange Ad o11934, Section 1740 oldie Public Utility Holdng Company Ad of 1915 er Soden 30(h) of the Imestment Company Ad ol 1940 OMB APPROVAL HoMbOr: Experts 32350287 February 28. 2011 88104100 average bortiOn bon pet 771177840 0.5 1. Name and AdSess 01 Reporting Person a CAYIsIE JAMES E Issuer Name and Ticker of Tf adrg Symbol BEAR STEARNS COMPANIES INC 5. Reblionship of Reporting Perron(s) to Issuer (Check al applicable) X Director 10% Owner x officer (give title Other (specify Wove) below) Chairman of the Bd.. CE(/ I BSC I 6-as0 Ind) (Middle) CIO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Date of Earliest Transacton (Mordh:Dayffeat) 12/22/2005 4 II Amendment. Date of Original Filed (MordIVDayffear) 6. Ind-endued Of JoiMtireup Fling (Check Applicable Linel X Fonn liled by One Reporting Person Fort filed by More than One Reporting Person (Mop & NEW YORK NY 10179 (City) (Slate) (Zp) Table I . Non-Derivative Securities Acquired. Disposed of. or Beneficially Owned 1. Title of Security (Instr. 3) O. Transaction Date (MashDepTear) 2A. 0temad Execution Delo irony (YeattoDatYrne) 3. Transaction Code (rise. 4) 4. Secaities Acquired (At or Disposed Of (0)(Instr. 1.4 and 5) S. Amount of Securities Beneficially °amid Folio I g Reported Trionsection(st (Ins% 3 and 4) 6. Ownership Form: Camel (Die Indirect (I) (Intor. 4) 7. Nature of hdirect Benet kin Ortnersho (Mau. et Code V Amount IA) te (0) Prior Table II - erivative Securities Acq fired. Disposed e or Beneficially Owned (e g.. puts. calls. warrants options. canted le securities) I. MO Of Derivative Security (Instr. 11 2. Conversion or Exercise Price of Derivative Security 3. Transaction 001e PlonthDayTearl 1A. Deemed EXO0u0On Oahe. irony (MendiDayTeag t Transaction Code their. to S. Humber a Derivative SecuMies Acquired (a) or Disposed of (DI Sow 3 4 and 5) S. Dale EVOCISONO and Expiration Come plonitiOarTeart 7.7100 and Amount et Seemittes Underlying Derivative Sew* (Instr. 3 and 0 8. POGO 01 Dalvaliee Security (Instr. 5) 9. Out**, of Otrivalini Securities Beneficially Onnel rosowing Reported Transaction (5) (Iine. 4) 10. thimerstup Form: Deed (DI or Indirect 01 Pingo. et 11. Nobs* of Mime, Benotico4 Ownership 0nstr..” Code V (A) ID) Date Exemisado Expiration Date Doe Amount Or Number of sons CAP thub 120051 $ I $ I2022,2c.... A ' ' ' 88)75 . II/JO:20M I ILIU:29 in Cenmion SIAS 88,375 St in 3 Wt... '• r. Eng Shia Opuon Mt to Buy) 11163 11/22,20W A oramoaa inmoiS Coalman Steck 56.573 SO 56,573 56.573 Explanation of Responses: I. Thu nye d drnv1nesa my typically dom c.4 haw a conVeb1011 Olblekbe price 2. Defend of ocepermaion and credit to Rryoortms Pence's Account his of la/22.05, retsina to the twin% Capital AOluinu141.0a Plan Ice Stag( Mangles Detectors iCAP Plat% exempt under Rule In,. Remarks: I sJ C ay ne , James E. I 22341005 '• Signature of Reporting Person Dale Rentndor: Report on a separate me lot each class of securities beneficially owned d ecty d • If the term is filed by more than one reporting person. see Instruction 4 (b)(v). " Intentional inisstalernerts or omissions ol facts consteute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 780(a). Note: File three copes of this Form. one ol wtich must be manually signed. II space is insufficient. see Iratruction ti ler procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. http://idea.sec.gov/Archives/edgar/data/777001/000077700105000117/xs1F345X02/cay37... 2/26/2009 EFTA00316965
.08-cvNiAriMuliscstatatifiEsFAMAMMNalt9e 253 ott4WppRoym, FORM 4ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 OMB Number: 3235.0287 Expires: January 31, 2008 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • CAYNE JAMES E 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x_ Director 1016 Owner _ x (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction (MM1DD/YYYY) 1/9/2006 _ _Officer below) Chairman of the Bd., CEO (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MWDDNYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) Form filed by One Reporting PotNall . X Form filed by Mott than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or. (D) Price Common Stock 1N/2006 G V 260(1 D $0 5651989.00 D Common Stock 45669.00 I 14 Spouse Table II - Derivative Securities Beneficially (hi ned ( e.g. , puts, calls, warrants, options convertible securities) I. Title of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3k Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction Is) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (1) (Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code I V (A) I (D) Date ExercisablelDate Expiration Title Amount or Number of Shales Explanation of Responses: Reporting Owners Reporting Owner Name / Address Relationships . ;Director 10% OwnerOfficer Othei CAYNE JAMES E GO BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NY 10179 X Chairman of the Bd., CEO Signatures Is/ Cayne, James E. 1/10/2006 Date EFTA00316966
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 254 of 347 •• Signature of Repotting Person Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • if the form is filed by more than one reporting person, see Instruction 4(b)(v). IP* Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316967
FORM itse Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). 1.08-cvNiArilMiliesstweitiNEsUsiligiejfiRNeNe 255 eg447ppRovAL. COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 Estimated average burden hours per response... 0.5 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 1. Name and Address of Reporting Person ' CAYNE JAMES E 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x Director 10%. Owner _ _ x _ Officer (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction (31M/DDNYYY) 2/8/2006 below) Chairman of the Bd., CEO (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) X Form filed by One Reporting Person — Form filed by Moir than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned LTItle of Security (Instr.3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. II) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nattily of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Table II - Derivative Securities Beneficially Ox ned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (lags. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction IN) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (Al (D) Date Exercisable Expiration Date Tide Amount or Number of Shares CAP Units (2000) (II V812006 A 421 25809 11/30/2005 11/30/2005 Common Stock 25809.00 SO 25809.00 D CAP Units (2001) Va12006 A (21 2785 11/30/2006 11/30/2006 Common Stock 2785.00 SO 46415.00 D CAP Units (2002) 111 V8/2006 A (21 9708 11/30/2007 11/34M2007 Common Stock 9708.00 50 161753.00 D CAP Units (2003) (I, V8/2006 A 421 9667 11/30/2008 11/30/2008 Common Stock 9667.00 50 161078.00 D CAP Units (2004) (I, 2/8/2006 A at 5906 11/30/2009 11/30/2009 Common Stock 5906.00 50 98416.00 1) Explanation of Responses: ( I) This type of derivative security typically does not have a conversion or exercise price ( 2) CAP Units credited to Reporting Person's account (as of 2/8/06) based on Fiscal Year 2005 Net Earnings Adjustments pursuant to the Issuer's Capital Accumulation Plan for Senior Managing Directors (CAP Plan); exempt under Rule 16b-3. Reporting Owners I Reporting Owner Name / Address Relationships EFTA00316968
Case 1:013-cv-W1 RN:4m &Event 102 Filed uggr CAYNE JAMES E C/O BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NY 10179 X Chairman of the Bd., CEO Signatures /s/ Coyne, James E. •• Signature of Repotting Person 2/9/2006 Dare /09 Page 256 of 347 Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). Sir Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316969
FORM tease Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). .05-cvNiAregfilitogifirieekINESFAINIMeiikNegle 257 tatit4ippRowth COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(0 of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person * CAYNE JAMES E 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x_ Director 10%. Owner _ X Officer (give title below) Other (specify (Lau) (First) (Middle) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (NIM/DDNYYY) 2/23/2006 _ _ below) Chairman of the Bd., CEO (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) _ X _ Form filed by One Reporting Person Form filed by Mom than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I tile of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect a) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 2/2312006 M ti I 25809 A SO 5677798.00 D Common Stock 212M2006 S 25809 D $135.08 5651989.00 D Common Stock 45669.00 I By Spouse Table II - Derivative Securities Beneficially Owned e.g. , puts, calls, warrants, options, convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Imo St 9. Number of derivative Securities Beneficially Owned Following Repotted Transaction (5) (ingf. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect a) (Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) ID) Date Exercisable Expiration Date Title Amount or Number of Shares CAP Units (2000) (2) 2/23/2006 Mt M 25809 11/30/7.005 II/30/200S Common Stock 25809.00 50 0.00 D Explanation of Responses: ( I) Settlement of CAP Units and distribution of common stock to Reporting Person pursuant to CAP Plan; exempt under Rule 16b-3. ( 2) This type of derivative security typically does not have a conversion or exercise price Reporting Owners Reporting Owner Name / Address Relationships Director 10% OwnerOfficer Other CAYNE JAMES E C/O BEAR, STEARNS & CO. INC. EFTA00316970
k i Case 1:08-c102793rWS locument 102 Filed 212 Page 258 of 347 83 MADISON AVENUE X Chairman of the Bd., CEo EW YORK, NY 10179 Signatures /s/ Coyne, James E. •• Signature of Reporting Person 2/24/2006 Date Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person. see Instruction 4(b)(v). ▪ Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316971
FORM 4ctse Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). 1 .08-cv04/4365WASoyasek Esummetta Nalbge 259 ggagepRovAL COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • CAYNE JAMES E 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) Director 10% Owner _x_ x _ Officer (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction (311WDDIYYYY) 6/5/2006 below) Chairman of the Bd., CEO (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MWDDNYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) X Form filed by One Reporting Person Form filed by Morethan One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (lnstr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) I 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nattily of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 6/52006 G V 300 D 50 5651689.00 I) Common Stock 45669.00 I lis Spouse Table II - Derivative Securities Beneficially Ox ned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Title of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (lnstr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3. 4 and 5) 6. Date Exercisable and Expiration Date 7. Tide and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction (s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct ID) or Indirect (I) Ilnstr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Ammo um r or Number of Shan. Explanation of Responses: Reporting Owners Reporting Owner Name / Address Relationships . ;Director 10% OwnerOfficer Other CAYNE JAMES E GO BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NY 10179 X Chairman of the Bd., CEO Signatures Is/ Cayne, James E. 6/6/2006 Date EFTA00316972
Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 260 of 347 " Signature of Repotting Person Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • if the form is filed by more than one reporting person, see Instruction 4(b)(v). ss Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the forrn displays a currently valid OMB control number. EFTA00316973
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 261 of 347 SEC Form 4 FORM 4 Cheek this box if no tenger Elutdel 0 13 Solace le. Form 4 or Form 5 celessord may Oarenisa. See knnclion UNITED STATES SECURITIES AND EXCHANGE COMMISSION STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP ned purSuant to &tenon 16(a)01 the SeCurilieS Exchange Ael 01 1934. Section 17(a) 01 the Pubk UMity Holding Company Ad Of 1915 or Sec ion 30(h) Of the Investment COMpany Ad 011940 OMB APPROVAL OMBNumta: 3235-0287 Expo: February 28, 2811 Estimated dotage burclan hours per 0.5 response 1. Name and Address 01Reporting Pend, CAYNE JAMES E 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC I BSC I 5. Reteticesnip of Reporting Persons) le Issuer neck Al apple-Able) X Diector 10% owner X Officer (give vile Other (Inanity below) below) Chairman of the Bd.. CEO (Lad) (Filth (Middle) C/O BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Date 01 Easiest Transaction (blOnthiDayNear) 11/15/2006 4. II Amencenent Dale of Original Filed 0.foraboayivean 6. Individual or JOintriGreup Filing talent Appfeabie Line) X Form Med by One RepOrling Person Form Med by MOM than One Reporting Person {steer) NEW YORK NY 10179 (City) (Slate) IZO: Tab! I - Non•D rivalive Securities Acquired. Disposed ol. or Beneficially Owned 1. Tide of Security (Instr. 3) 2 Transaction ale illontriDaylen) 2A. Deemed Execudon Data. If any (MenthDayNear) 3. lien:xenon Code (Instr. 8) a. Securities Acquired (A) or thsposed Ol ID) (Instr.3, 4 and 5) S. Amounl or Securities Beneficially Owned F dewing RePoged Transaction(*) prism 3 and 4) 6. Ownership Form: Dbeci (0) or indirect (II (Intl. 4) 7. kelt/re ol Indirect BeneScisi Ownership prism al Cod* V Arnaud (A) or ID) Price Common Stock 11/15/20(Hh <3 V 30.000 D 30 5.621.689 I) Common Stock 45.669 I I Table II - Derivative Securities Acquired. Disposed of. or Beneficially Owned (e.g.. puts, calls. warrants. options. convertible securities) 1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Pam or Derivative Security 3. Transaction Date (MontriDay,Yeer) 3A. Deemed Execution Dare. it any (lionthDay,Vear) J. Transaction Cope (inst.. 8) 5. Humber el Derivative SeCtrelet Acq red IA) or Disposed MID (net . 3,4 and ) 6. Dote Exercisable and Expiration Dale IMemhDay'rear) 7. Title and Amount of Securities Underlying DerIVOIIVO Security (Instr. 3 and II S. Price of Derivative Security (Instr. 5) 9. Humber of derivative Secunites Elenellaally Owned Following Reported Transaction HO fins°, 4) 10. Ownership Form: Dyed (Dl or indirect (ii anew. a) II. Nature M Indirect Beneficial Ownership (Instr. a) Coco V (A) (0) Dale EX./Citable Expiration Date True Amount or Hunger or Share" Explanation of Responses: Remarks: /s/ Caync James E. 11/17/2006 Signature 01 RepOrling Person Date Reminder: Report on a separale line let each Class of SeOollieS bane( Oilly owned directly or indirectly. • If the term is filed by more man one reporting person. see Instruction 4 (b)(v). • Intentional missIalements or omissions of fads 0Onsteule Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: Fle three copies DI Iris Form. One of which musl be manually signed. II Spate is inufliekvit. See InStrunlien 6 ler procedure. Persons wtto respond to the Collection of information Contained In this norm are not required to respond unless the form displays a currently d OMB Number. hup://idea.sec.gov/Archives/edgar/data/777001/000077700106000108/xs1F345X02/cay44... 2/26/2009 EFTA00316974
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 262 of 347 SEC Form 4 FORM 4 Cheek Pis by H re longer algal to 0 Stela, le. Fpm a Fees 5 obiggions meg ceramic, See Febvelto UNITED STATES SECURITIES AND EXCHANGE COMMISSION washnson. D.C. 20649 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed purs.uanl to Section 18(a) of the Se:unless Exchange Ad of 1934, Secten 17(al of the Public Utility Holdng Company Ad el 1935 er Seaton 30(h) of the Investment Company Ad el 1940 OMB APPROVAL 01.48 Humber: Espies Estimated average buskin *nape) rowdree 32350287 February 28. 2011 0.5 1. Name and Address ol Reflecting Pasco' CAYNE JAMES E a Issuer Name and Ticker or Tradrg Symbol BEAR STEARNS COMPANIES INC 5. Relalicenhp el Reporting Person(s) to Issuer (Check all amicable) X Director 10% Owner x Officer (give title Other (specify below) below) Chairman of the Bd.. CE() I BSC 1 Man (MS) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Date of Earliest Transaction (MordhDayffear) 12/18/2106 4 II Amendinerd. Date of Original Filed ((AordIVDayNear) 6. Individual or JoiM,Greup Fling (Check Applied,* Line) X Fonn tiled by One Reporting Person Fenn filed by More than One Reporting Person (Street) NEW YORK NY 10179 (City) (Slate) alp' Table I - Non-Derivative Securities Acquired. Disposed et. er Beneficially Owned 1. Title of Security (Instr. 3) 2, Transaction Dale MordhiVeynleral 2A. Deemed Execullon Dale, II any IllorithOgotesrl 3, Tanya:don Code fleet 8) 4. Seventh, Acquired IA) or Disposed 01 MI (Instr. 3.4 end 5) 5. Amount ol Snail., Beneficially Owned Following Transadionte) (Instr.] and et 4. Owners)* Form: Direct (DI or lindereci (I) Dose. 41 7. Hamm of loafed Beneticin Ownership Omar. iii Cede V Amount or or Orl) Once Common Stock 12/1812006 M 46.415 A SO 5.668.1(4 I) Common Stock 12/1812006 S 46.415 I) $164.72 5.621.689 I) Common Stock 45.669 I it> Spam sc Table II • Derivative Securities Ace Red. Disposed ol. or Beneficially Owned (e.g.. puts. cans. warrants options. convertible securities) i. Tole of Derivalhe Security anti. 3) 2. Ocaversien or Edens* Pace of Oaf tolls° Security J.Transact:an Dale EllonthOeyVeat) tk Deemed Execution Oast, it any (Mantheap3044) a Transadlon Code (lost 8) 5. Number of Delwin. Secunrilos Accparod IN or Disposed 01(D) ilneu. 3. 4 and 5) 5. Dais Exercisable and Expiration Date pioninowtreati 7. Tide and Amount el Seemities Underlying Densely* Secuety (Inflt. 3 and 41 8. Prior el Derivalive Securliy (Ince. 51 9. Haider of denvathe StailttleS Benellcialy Oared rosomng Repartee Transaction (0 (imn. 4) 10. Chmership Form: Mad (D) or Wiled (II (Instr. 4) II. Naive of Indireci Beneficial Ownership (InSII. 4) Code V IN PR Date Exemisable Faeroe:. Date tide Amount or mamba 01 Snares CAP Units (20111) r 2i 12/15,2006 i SSAIS 11/30/2006 IIMO/2006 46.415 t ••:_-non Stack 80 0 it Explanation of Responses: I. Settlement of CAP Lens and diunbution ol cocoon slat in Renaud's Perron faunal toCAPPlusexempt wider Rule 16b.3. 2 Thu nye ot &et YJIIVC {Num) typicallydoes sac lure • creams of excises pike Remarks: A/ Caync, James E. 12/19/2006 Signature el Reporting Person Dale Reminder: Report on a separate Inc lot each class al secunbes beneficially owned d ect/y or indredly. • H the Sarni is tiled by more than one mooring person. see Instruction 4 (b)(v). " Intentional misstatements or omissions ol facts constdute Federal Crimnal Volations See 18 U.S.C. 1001 and 15 U.S.C. 780(a). Note: File three copies of this Form. one ol which must be manually signed. II space is insufficienl. see Ire:ruction tiler procedure. Persons who respond to the collection of Information contained In this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700106000129/xs1F345X02/cay... 10/29/2008 EFTA00316975
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 263 of 347 SEC Form 4 FORM 4 Check Pis bar arelonger Gutted to Seas:ale. Form 4 a Farm 5 (Upton may winos See bylnicito UNITED STATES SECURITIES AND EXCHANGE COMMISSION washnson. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 18(a) ol the Secure:es Exchange Act ol 1934, Sedian 17(a) el the Public UIility Heldng Company Ad of 1935 or Seaman 30(h) of the Investment Company Ad ol 1940 OMB APPROVAL 01113 Ituratrar: Eaptes: BilligtOCI average burden hourS per retieelle 32350287 February 28. 2011 0.5 • 1. Name and Address ol Reporting Persen CAYNE JAMES E 2 Issuer Name and Ticker or Tradrg Symbol BEAR STEARNS COMPANIES INC 5. Reblicnship d Reporting Persons) to bauer (Check all applCable) X Director 10% Owner X 0Hket (gwe tille Deter (specify belos0 below) Chairman of the Bd.. CEO I BSC J Mat) (SS) (Mittel.) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Date of Earliest Transaction (Mordh;Dayffear) I2/20/20On 4. II Amendmerd. Dale ol Original Filed (MordIVDayffear) 6. IndMdual or lanttroup Fling (Cheek Applicable Line) X Fenn tiled by One Reporting Person Fenn tiled by More than One Reporting Person (Sneer) NEW YORK NY Inn (City) (Slate) IZipi Table I . Non-Derivative Securities Acquired. Disposed el. or Beneficially Owned 1. Title of Security (Instr. 3) 2. Transaction Date Planhtby.Tetor) 2.. Nemec' Execution Oat.. if tun (apettiparnms) S Transaction Code (Instr. at 4. Secwities Acquirer/1AI or Disposed Of (0)(1ndr. 3.4 and 5) S. Amount of Securities Bend lenity Owed F lb 6. Ormtrahp Form: Creed WI or Indirect II) (Inset 4) 7. Nature of Indirect Beneficial Dernershe (Mau. 4) Code V Amount IA) or ID) Price 9 Reported Tranuelion(el (Mau. 3 and 4) Table II - Derivative Securities Acq fired. Disposed o or Beneficially Owned (e g.. puts. calls. warrants options. convert ble securities) 1. Title of Derlyetive Security Omer. 3) 2. Conversion eastern. Price 01 Derivative Security 3. Transaction Date IllonthOsyNetorl 3A Deemed Execution Dote. deny (MoneibayTeer) A. Transaction Dodo (na. /0 5. Number of Derivative Securities Acquired IA) or Disposed O(D) (Instr. 3 4 and S) 6. Dila EilerCiafiete and Expiration Dale pAcmhOrynrearl 7. Title and Amount or Sectorres Unclertyn9 Derivative SecuMy lime. 3 ado) 8. Price of Dalvetive Security (Ms.. 5) 9. Duster of derivative Securities Beneficially Onnel rohowine Reported Transaction (SIUnits 4) to. cosinotsnip Form: Deed (DI or Indirect (I1 Omni. 4) I I. Nerve amnion Benefice' Ownership [Instr. II Code V (A) ID) Data EleccisaWa EXpirallOn Dale The Amount a Haagen of Shares CAP Vein (2006) i i i A 89.158 t IfOX:0 I I I if-kOZOli Common Stock 89.758 Se ay.'''. I Erre god option in 10 top S165 A2 I af20f2Olf. A 12/XV2009 12lb)/2016 Comma Suxk 35.788 SO 35.7sa 35.788 I Explanation of Responses: L this nee nl OMV.111W SO: re) typically don. m4 haw • <0400,1011 01 CAC Moe price 2. Menai of capenuace and credo to itcsonme Penfe's ACCOOSIA (of Dill/21M)6 museum to dc bructs Caput ACCIMMIIMI011 Plan for Senior Misusing Darden (CAP PLin). tamp under Rule IN Remarks: 1st C ay ne , James E. 12/21/2006 Manaiure or Repelling Person Dale Reminder: Report on a separate Inc lot each class of securities beneficially maned drectly a indieclly. • If the term is find by more than one reportng person. see Instruction 4 (b)(v). " Intentional rnisstalernerds or omissions ol fads oansteute Federal Criminal Violations Sae 18 U.S.C. 1001 and 15 U.S.C. 780(a). Stele: File three copies of this Form. or ol ?inch must be manually signed. If space is insufficient see Irc.truction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700106000139/xs1F345X02/cay... 10/30/2008 EFTA00316976
SEC FORM 4 Page I of 2 Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 264 of 347 SEC Form 4 FORM 4 Check this box if nOlOri0Ortinkeel 0 10 SOCI4118. Form 4 or Form 5 angatiora may comma Soo lintruClign 1M). UNITED STATES SECURITIES AND EXCHANGE COMMISSION STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Secho 16(8)01 the Securities Exchange AC1 01 1934. SeCtiOn 17(a) I the Pubic Utility Holding Canpany Ad 01 1935 or SeCliOn 30(h) 01 the Invettinent Company Ad 01 1940 OMB APPROVAL OIABNumba: 3235.0287 Espies: February 28. 3011 Esbmatol ern:debunks, how* per 0.5 response 1. Name and Address d Repotting PerSan. CAYNE JAMES E 2. Issuer Name and Tidier or Tradlig Symbol S. BEAR STEARNS COMPANIES INC RelaliCAship DI Reponing PerSCA(S) to Issuer (Meek al appliCable) X Director 1014 Owner X Officer (give Ede Other (Speedy below) below) Chairman of the Bd.. CEO I BSC I (last) (First) (Middle) C/O BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Date 01 EanieSI Transaction (Month:Day/Year) 01/08/2007 4. II AMentrilent Dale DI Original Filed (1.40nOttlayiYear) 6. Individual or JOintGrCup Filing (ale& Apptcable Line) X Form Sled by One atoning Person Forth Ned by More Than One Reporling Person (Steel) NEW YORK NY 10179 (City) (Slate) 12471 Table I - Non-Derivative Securities Acquired. Disposed of. or Beneficially Owned 1. 7Ille of Security (Instr. 3) . Transaction Dale (MonthDayMear) 2A. Deemed Execution Date. II any (MeniktisyNearl 1. Transaction Code distr. (1) 4. Securities Acquired (A) or Msposed 01(D) (Instr. 3. 4 and 5) S. Mnounl of Securities Beneficially Owned F dewing RePorlail TrensectiOn(s) (Instr. 3 and 4) 6. Ownership Form: Caen (D) or Indirect (I) (innr. 4) 7. Allure of indirect Beneficial Ownership matt 4) Code V MUMMA (A) or MI Common Stock 01/08/2007 t; v 145 f) SO 5.611.544 D Common Stock 01/0812007 ( • v 145 D s0 5.611.399 D Common Stock 01/08/2001 G V 145 D s0 5.611.254 D Common Stock 01/08/2007 0 v 145 D s0 5.611.109 D Common Stock 01/0812007 G V 145 D s0 5.610.964 D Common Stock 01/08/2007 G V 145 D s0 5.610.819 D Common Stock 01/08/2007 G V 145 D s0 5.610.674 D Common Stock 01/08/2007 G V 145 D s0 5.610529 D Common Stock 01/08/2007 G V 145 D s0 5.610.384 D Common Stock 01/08/2007 G v 145 D s0 5.610.239 D Common Stock 01/08/2007 G v 145 D s0 5.610.094 D Common Stock 01/08/2007 0 v 145 D s0 5.609.949 D Common Stock 01/08/2007 0 v 145 D s0 5.609.804 D Common Stock 45.669 I By Spouse Table II - Derivative Securities Acquired. Disposed ol. or Beneficially Owned (e. .. puts. calls. warrants. options. convertible se unties) 1. Title of Dm loathe Security (Imit. 3) 2. Conversion or Exercise Price or Derivative Security 3. Transaction Date Odenthtlayniear) 3A. Deemed Execution Date. II any (MowisDaykries) 4. Transaction Code dash. 8) S. Plumber or Derivative Secwities Acquired IA) a Disposed or ID (Ins .3.4 and ) 8. Date Exercisable and Expiration Dale Odombeaykear) 7. Title end Amount or Securities Underlying Derivative Security (InsIr. 3 and A 8. Price of Derivative Security (insir. 5) 9. Number or derivative Securities Benelicially Owned Following Reported Transaction (ell:nth. A 10. Ownership Form: Di MI (D) or Indirect el (Instr. 4) 11. Nature of indirect Beneficial Ownership (bar. 4) Code V (A) (D) Dale Exercisable Eipiration Date Title Amount or Number of Shares Explanation ol Responses: Remarks: http://www.sec.gov/Archives/edgar/data/777001/000077700107000004/xs1F345X02/cay. 10/30/2008 EFTA00316977
SEC FORM 4 Page 2 of 2 Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 265 of 347 hi Cayne, James E. 01/09/2007 •• signature of Reposing Person Dale Reminder: Report on a separale line lot each class of securities beneficially owned directly or indiredly. ' II Ilia Isom is tiled by more than one reputing person. see Instruction 0 (b)(v). " intenlional misstalements or omissions of fads ocotillo* Federal Criminal visas:ins See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Nola: Fie three copies of this Form. one of which must be manually signed. II space is bsuffident. see Instruction 6 lor procedure. Persons who respond to the collection of Information contained in this form are not required to respond unless the form displays a currently valid OPAB Number. http://www.see.gov/Archives/edgar/data/777001/000077700107000004/xs1F345X02/cay... 10/30/2008 EFTA00316978
SEC FORM 4 Page 1 of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 266 of 347 SEC Form 4 FORM 4 Omsk en bar dnalone Gutted to 0 Seaton) Forma a Form 5 (Upton may waive See fraud*, l(y) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washmeon. O.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuenl to Section 18(a) ol the Securbes Exchange Ad of 1934, Seaton 17(a) of the Public Why Holdng Company Ad of 1935 or Seaton 30(h) of the Imestrnent Company Act of 1940 OMB APPROVAL OM Hunter: Sores 32350287 February 28. 2011 Finn...COO average orlon hours per renienle 0.5 1. Name and Address of Reporting Persea' CAYNE JAMES E a Issuer Name and Ticker or Tradrg Symbol BEAR STEARNS COMPANIES INC 5. Relaticeship of Reporting Person(s) to Issuer (Check all appleable) X Director 10% Owner x CtIker (give title Other (specify beim) below) Chairman of the Bd.. CEO I Esc I MA (11r11) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Date of Earliest Transaction (MordIVDayffeat) 02/14/2007 4 II Amendment. Dale ol Original Filed (Mordh:Dayffear) 6. IndMdual or Jenttroup Fling (Check Applicable Line) X Fenn tiled by One Reporting Person Fenn filed by More than One Reporting Person (Street) NEW YORK NY 10179 (City) (State) ry& Table I - Non-Derivative Securities Acquired. Disposed ol. or Renal:daily Owned 1. Tale al Security (Mn'. 3) 2. Transaction Omit tracmhOrpTesr) 2.4. Dirsewd Execution DSc (say (a"thcayYmr) 1. Transaction Code (Inst. e) 4. Seeman, Acquires/ (AI or Disposed Of (0)(nstr. 3.4 and 5) S. Amount of Securities erniericialry Owned Folio Me Reperled Tninsectional ( ls%) end 4) 6. Ownership Form: Direct (DI or Indirect II) (Inert. 4) 7. Nature of Indirect Beihrlicial Ownershm Onstr..0 Code V Amount IA) or 103 Prim Table II . D rivative Securities Acq ired. Disposed o or Beneficially Owned (e g.• puts. calls. warrants options. cooverti le securities) I. Tee el Derlvethe Security (Instr.1) 2. comenion or Exercise Price 01 Derivative Security 3. Thansacnon Date IllonihthyTeer) 3A. Deemed Execution Dow. irony (MendiDayTmg a Transaction Code (Instr. 1) S. Hunter of Derivative SecuMies Acquired IA) or Disposed of (0) Ong, 3 4 end 5) 6. Dale Eilenleatera and opeananDme garehDayTeart 7. Tree and Amount of Stemless Underlying Derivative Seaway (Instr. 3 and 4) 8. Pate 01 Onlvativo Security (Inert. SI 9. Ilwriber of derivative Securities Semtkially Owned following Reported Transaction (s) Wert 4) 10. Ownership Form: Med (0) ow Indite., 01 (Mgr. 4) ILI:Ware or Indirect Benciirtai Owninshe tInstr. 4) Code V (A) (0) Dew aratecisablo Expiration Dam nee Amount OF Number cd snares CAP Um* (2001) 02.14(21.... it> A 3.118 I1/3W2006 I 1/Avatua Cornmon . Mod. 3 i is • Su CAP Unie. (2002) i I i 02/14.7.0ir A 12. ) II/30/200 T 1 1/30/2007 Common Stock 10.869 So 2.62 17 : 10.869 CAP Um* (2003) I I I 02/14/2007 A i 2, 10.823 11/30/2008 11/30/20011 Common Stock 10.823 50 171.901 CAP Units I I I 02/14/low (2004) I!) Stock A 11W/200Y 11t30/2009 Common 6.613 60 1 05.029 I) 6.613 CAP Outs (.2005) I i . 02/14120u7 A 'Z.) 11/30/2010 Stock 11/30/2010 Common 5938 ' $0 94.313 1) 5.93h Explanation of Responses: This nye o denbilOC SO; on typically / rate a ‘oorenion or exercise price 2. CAP Una* reJPeJ m Rqsanwf Pences .mum las of 2/14.07) bawd on Penal Year 2006 Net Earnings Adjustments puma to the lanais Capital AreumuLapan Plan for Sows Hanagins Third. WAY Mew exterior under Rule 16b.3 Remarks: Is) Cayne lames E. 08152007 " Signalure of Reporting Person Dale Renin&r: Reporl on a separate Inc lee each class al securities beneficially owned el cent r indrectly. • If the lore rs liled by more than one wenn(' person. see Instruclicn 4 (b)(v). " Intentional rnisstalerneres or omissions ol fads consttute Federal Canna( Violations See 18 U.S.C. 1001 and 15 U.S.C. 780(a). Note: File three cooks ol this Form. one ol whch must be manudly signed. II space is insufficient. see Instruction 6 tor procedure. Persons who respond to the collection of information contained In this lone are not required to respond unless the form displays a currently valid OMB (lumber. http://www.sec.gov/Archives/edgar/data/777001/000077700107000012/xs1F345X02/cay... 10/30/2008 EFTA00316979
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 267 of 347 SEC Form 4 FORM 4 Cheekthisbox Irelonger subject to 0 Section 18. Formed Form5 oblgalions may continuo 51te Intsnxtfon UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washinglon. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Ad ol 1934. Section 17(a) of the Pubic lAilty Holding Company Ad of 1935 or Section *h) el the Investment Company Mel 1940 OMB APPROVAL 01,103Nvinber Sterol Emmet.," average burden houro per moms, 3235.0287 February 28. 2011 0.5 1. Nome and Address of Repelling Person CAYNE JAMES E 2. Issuer Name and Ticket or Trading Syrnbc4 BEAR STEARNS COMPANIES INC 5. Relationship of Rept:ding Person(s) to issuer (Check al applicable) X Director 1096 Owner X Officer (give Mk Other (Wittily bebw) below) C1101Mlan of the Bd.. CEO I BSC ] - (Sall1 (Fest) (Midlle) OO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Os, of Earliest Transaction (Morith'Daynear) 03/22/2007 4.1 Amendment. Dale of Original Filed (MondsDaylYear) 8. Inavicba or JomLGroup Fding (Check Applicable Line) X Form filed by One Rem:ding Person Form fled by More than One Reporting Person (Sired) NEW YORK NY 10179 (GM (Slate) TIP/ Table I . Non-Derivative Securities Acquired. Di posed of. or Beneficially Owned 1. Title of Security (Instr. 3) 2 Transaction Date IMonlhDay.lean 2A. Deemed Execution Date. it any (ficethDay.,Year) 5. Transaction Code (Instr. 8) 4. Securities A waited (AI or Disposed 01 (DJ (Mtge. 3.4 and 5) 5. Amount of Securities Benelicialty Owned Foao i g Reported Trainee-fonts) (nstr. 3 and 4) 4. Ownership Form: Direct 03)o• Indirect (II linen 4) T. Nature of indirect Beneficial Ownership (Insp. al Code V Ainoum (A) or ID) Prise Common Stock 03/222007 act 3.118 A 44) 5.612.922 I.) Common Stock 45.669 I By Table III • Derivative Se unties Acquired. Disposed of. or Beneficially Owned (erg.. puts. calls. warrant . options. convertible securities) 1. Title ol Denvetho Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date HolenthDaylean 3A. Deemed Execution Dole. If PikeghDaylean 4. Try...action Cede Onsu. 8) 5. H tuber of Dee naive Sear/hies Ace iced IA) r Disposed of( ) (nstr. 3.4 and5) 4. Doe Exercisable and Expiration Date (MonthtbyTten T. Tint and Amount of Securities Ondertrinfl Derivative Security (In*. 3 wad 4) t Price of Derivative Seemly (Instr. 5) 0. Humber of derivative Securities Beneficially Owned Following Reported Transaction (s)(Iostr. 4) 10. Ownership Form: Direct ID) or Indirect (I) (lose a) 11. Nan of Indirect Beneficial Owner/Ina grow It Cada V IA) 1/1 Dab Itcarcisable Expire n Date Deo Amount or Numbs. of Shares CAP Units (20011 , r, Olf22/3007 M lit 3.118 I I/30/1006 11/30,21/06 Common slack 3.118 SO 0 Emlanallen of Responses: I. Settlement f CAP Cam. nJ &Hanlon of common 140: L to Reponms P non immures to CAP Plan. meant under Rule 16/s3 2 TM% type of &mauve fe only typical!) does rim have a convenion or exeunt price Remarks: 1st Caync, James E. 03232007 Signature of Reporting Person Date Reminder. Report on a separate line for each Class of securities beneficially owned direct,/ or indirectly. ' If the lam is lied by more than one reportng person. see rostruction 4 (b)(v). InteMional missialemerts or omissions el facts constitute Federal Criminal Violabons See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: File three copies of Ors Form. one ol wNcli must be manually signed. If space iz insufficient. see In:timed, Et for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700107000040/xs1F345X0Vcay... 12/16/2008 EFTA00316980
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02'27/09 Page 268 of 347 SEC Fonn 4 FORM 4 Owe Om Pas if no 'abaci to n Section 16 Fa 14 4 or 5 U Malice* "WI whine See .4014.146041(01 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. O.C. 2050 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to SeCtiOn 161a) 01 the SeCultieS Exchange At Of 1934. Section nog el he Public Utility Holing Company Act 011935 or &Mien 30(h) 01the InvesIMOM Company Ad of 1940 OMB APPROVAL OMB ikrreer Exerts Estrealed "sr bunion mrs per miCceso 3255-0252 Ftesvarya Son 05 1. Name and Address a Reporting Beam. CAVNF! 'AMPS F 2. Issuer Name and ticker er Trading Syrrbel BEAR STEARNS COMPANIES INC I ESC 1 5. Relationshipof Repealing Person(s)So Issuer (Check di apgicabe) X Dfrecior 10%Oener X Officer (give tab Other (speedy below) below) Chairman of the Bd.. CEO 11-ast) Pith girlidde) C/O BEAR. STEARNS @ CO. INC. 383 MADISON AVENUE 3. Date of Earl,esl Transaction (kfonthDaylVear) 12/21/2007 4. II Arnendmenl. Dale of Ongnal Filed (Monthlkw(Year) 8. Indvidual or Joint:Group Fling (Check Apt:doable Line) X Form SW by One Reporting Person Form Mod by More than One Reporting Person (Saner) NEW YORK NY 10179 IC16) iSlate) 1241 Table I - Non Derivative Securities Acquired. DI posed of. or Beneficially Owned 1. Tkle of SeeurNy (Instr. 3) 2. Transaction Dale (likinleOrrynlead 2A. Deemed Exiltualell DOOR II any IlionlaDaynewl 3. TranfeCOOn Code (Neb. a) 4. Setualten At tilred (Ala( Disposed 010))Onstr. 3.4 and 5) S. Amount a SeenireleS Bentficerry Owned F Hoene Reported Transeceams) (Msg. Sewn 6. OWnelfelp Form. Direct ID) or Indirect II) unser. 4) 7. Haute of Melted Denelielal OwnerMip (Imer. 4) Cede V Amount (A) or (0) Price Common Stock 12)21/2007 . I 6.1 ) 172.621 A 30 5.785.543 1 ) Common Stock 12/21/2007 S 172.621 D 09.01 5.612.922 I) Common Stock 05.669 I ISM Table N Derivative Securities Acq fired. Disposed of. Of Beeleflelbly Owned ( g.. puts. calls. warrants options. convertible securities) I. TS el Derivative Security grata) 2. Conversion or Enrols* Pelee of Derinthe Seetwief 3. Transaction Dow (11oruhDavesan 3A. Domed Execution Dale. deny ildonthoa)VYean 4. TAM...Olen Code (Instr. e) 5 Number of DfiniratiVe Stemma moused IA) or Disposed of (DI (Instr. 3.4 and SI 6. Dale Exercisable and Expiration Dale geonth.DaMean 7. Tae and Amount el Securillos Um:keying Oterative Security (Inn, 3 and a) 8 Pere el Derivative SeturIty (Instr. 5) 9, Humeri el dellvallve Steureles Beneficially Owned Following Reported Trans/Nike (5) gear. 4) 10 Ownership Form. Direct (Di or Indirect (I) Onsir. 4) II I N.,,„, or fro irect Benencial Ownership (Inat: a) Code V IA) (DI Dale exercisable Expralkon Date Tee Arnounl IP Number of Shares , . i . 2 . Ill2I/2007 Nt • • I 172421 IMO/2UP 1 itar.nin Common Bock 172.621 so u o Expanalton of Responses: 'beam of common gait to Itedectop Person pnisuaIl w ('Al' Pim ...ally doe. ex tube a conwision or excadie epic Rule limb /s/Caync, lames E. **Signatureel Reporting Person 12(21/2007 Dale Remnder Neon on a separate ine lot Bath NHS 01 8000N•08 benelicialy owned dreay Or intliWAY. • B the form Is Sled by more than one reportng person. see Instruction 4 Ms)- " Intentional MtiStateMents or missrens of late COnstitute Federal Criminal VIONAKine See 18 U.B.C. 1801 and 15 U.B.C. 7811(a). NOID File three copies 013.15 RPM. one 01 which must be Manually peeled. If Wee° Is insufficient see Mstruction 610( reweave. Persona mu, respond to the collection of information contained in this form are not required to respond unless lee IOWA dispiays a currently valid DNB Number. hup://www.sec.gov/Archivesiedgaddata/777001/000077700107000127/xs1F345X02/cay... 12/16/2008 EFTA00316981
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 269 of 347 SEC Form 4 FORM 4 Washington. D.C. 20549 0,303Number 3235.0207 February 29. Chet* this toe V nelonger subject STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP SONS 2011 Section It Forme°, Form6 Esornaleci average burden 0 oblostims may continue. See InUnxion lib) Filed pursuant le Seclion 16(a) of the Securities Exchange Act of 1934. Section 17(a) of the Pubic beers per reeprose 0.5 Holding Company MI of 1935 rx Section *h) ol the Investment Company Act ol 1940 1. Name and Address of Reporting Person. CAYNIE JAMES E 2. Issuer Name and Toga or Trading Symbol BEAR STEARNS COMPANIES INC 5. Relationship of Reporting Person(s) to Issuer (Check all applicabit) X Weider 10% Owner Officer (give Idle v Other (speedy below) a below) Chairman of the Board I BSC ] Pon Fest) Merle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dale of Earliest Transaction (Litonth'DaylVear) 01/09/2008 4.9 Amendment. Date of Original Filed (MonthiDaylVeari 8. Individual or Jointroup Filing (Check Applicable Line) X Fenn filed by One Reporting Person Form Ned by More than One Reporting Person WSW'S) NEW YORK NY 10179 (Clio) (Slate) (IP/ Table I r Non-Derivative Securities Acquired. Di posed of. or Beneficially Owned 1. TItle of Security (Instr. 3) a Transaction Dale WenthOsylipac) an. Deemed Ezecullon Oat!. earn (MCcallvDayTeer) 3. Transaction Code (Instr. e) 4. Securities A qu red (A) or Disposed Crl ID (lose. 3.4 and 5) 5. Amount of Securities Benelicially Owned Fob i g Reported Tronsoctiontsi (Instr. 3 and 4) a Ownership Form: Pimento) or indium! (II (lost? 4) 7. Nature of Indirect Beneficial (Mooning linen. Ii Code V *mum (A) or ID) Prim Table II • Derivative Se uriti s Acquired. Disp sed of or Beneficially Owned (e g.. puts. ea s. warrant . options. converti le securities) I. Title el Derivative security (Matt 3) 2. Conversion or Words. Price of Derivanve Security 3. Transaction Data illonth'DatTear) 3*. Doomed Execution WI*. Bony (idontheatTearl 4. Transaction Code Pnalr. B) S. Number or Derniative Securities Acquired IA) or Disposed 01(D) (left. 3.4 end 5) 6. Dale Exercisable and Expiration Dale (McimhDarrecw) 7. Tine and Amount of Securities Underlying Derivative Security (lasts. 3 and 0) S. Price of Derivative Seclalty (lrate. S) 9. Number of derivative Securnies Beneficially Owned sosernim Reporter, Transaction (4)(Inatr. 4) W. °encamp Form: Direct ID) or Indirect (I) (Instr. 4) It. Nolan of indirect Beneficial Ownership (Instr.4i Cede V (43 (0) Dais Exercisable Expation Oat. Title Arecrua a Number ol Snares (200Oi i r 010442008 A , 2 ii 1.182 1 1/0)/2007 1180/2007 Common Stock 1.18? W 1.182 D CAP Una (2003) iii OlAYNXIOS A1 (2 1.177 I1/10'2009 Ilf3IV2 Common Stook 020 1 177 • 93 173.018 D CAP Una% (2004) i i i OlAYN2009 ( A 2i 719 II/3032009 II/300.009 Siock Common 719 so 105.743 D CAP Unsts (2003) ' i ' al/M/2008 A , 2 i 643 II/30/20'0 II/311/2010 Common Slack 645 so 94.938 D CAP Units (20061 i 01/09/2008 ( A 2i 614 I mono' I If AWIDII Si Comockmon 614 SO 90.372 D EsplanatIon of Responses: I. Thu nine a ikinainv se way typicallyMc% ace haw a conwerwm or tomcat put 2 CAP Can,. induct' in Reporting Person's accouni (as of IM08)buscd on Pascal Year 2007 Net P.amingis Adjustments oarsmen ei the luxes Capnal Accismslanon Plan for Senior Winsome Dimank CAP Plant elellIpt anon auk Mb.). Remarks: UNITED STATES SECURITIES AND EXCHANGE COMMISSION OMB APPROVAL /s/Cayne James E. 01/09/2008 Signature.' Reporting Person Dale Reminder: Report on a separate line for each class of securilies beneficially owned directly or indirectly. • If the loan is fled by more than one reportng person. see Instruction 4 (b)(v). Intentional missiaiernents or omissions ol facts tonsiiiute Federal Criminal Violations See 1B U.S.C. 1001 and 15 U.S.C. 78I1 fa). Note: File three copies of this Form. one of which mutt be manually eons. If mace is insufficient. see Instruction 6 for procedure. Persons who respond to the cefeetIen el Information contained In this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700108000002/xs1F345X02/cay... 12/16/2008 EFTA00316982
08_cvicRitzrogiiimiesosigeeknsiEsFitiatocooRNeNe 270 Oka4,113PROVAL FORM 4ase 1 Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(0 of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person * ARBER JEFFREY M 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) Director 10% Owner X Officer (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction (MM/DDNYYY) 12/19/2005 _ _ below) Controller (Street) EW YORK, NY 10179 (City) (Slate) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) s _ Form filed by One Reporting Person Form filed by More than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (lnstr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect R) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Lnstr. 4) Code V Amount (A) or (D) Price Common Stock 12/19/2005 m II) 6244 A SO 6993.00 D Common Stock 12/19/2005 D 3800 I) 5116.22 3193.00 D Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Title of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Ins r. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (hum 3 and 4) 8. Price of Derivative Security anon. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction (o) (law. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Ins° . 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares CAP Units (2000) (21 12/19/2005 M iii 6244 11/30r2005 11/30/2005 Common Stock 6244.00 SO 0.00 I/ Explanation of Responses: ( 1) Settlement of CAP Units and distribution of common stock to Reporting Person pursuant to CAP Plan; exempt under Rule 16b-3. ( 2) This type of derivative security typically does not have a conversion or exercise price Reporting Owners Reporting Owner Name / Address Relationships Direct° 10% OwnerOfficer FARBER JEFFREY M GO BEAR, STEARNS & CO. INC Other Controlle r 383 MADISON AVENUE EFTA00316983
INEW YORK, NY GAIPP 1:08-cv1027931-RWS Clocumeni 104 Filed 02/27/09 Page 271 of 347 Signatures is/ Farber, Jeffrey M. •• Signature of Repotting Person 12/20/2005 Date Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). •s Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See I8 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316984
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 272 of 347 SEC Form 4 FORM 4 Cheek this box erelong& subject to 0 Section 16. Form4 or Forme obigolions may continue cunt howler Ilb) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washinglon. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant lo Section 16(31 of the Securities Exchange Act ol 1934. Section 17(a) of the Pubic Item Holding Company Ael of 1935 or Section *h) ol the Investmem Company Act ol 1940 OMB APPROVAL OMBNumote Spares Bimetal average burden hoses pa reepowe 3235.0207 February 29. 2011 0.5 I. Name and Address of Re it. Person. e° FARBER JEFFREY M 2.1ssuer Name and Molter or Trading Symbei BEAR STEARNS COMPANIES INC 5. Relationship of Rept:tong Person(s) to issuer (Check all asplicabie) area*, 10% Owner X Officer (give age Other (speeily below) below) Controller I BSC ] _ DSO (Rest) (Wale) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dale of Earliest Transaction (MorditdDayNear) 17/2212005 4. V Amendment. Dale of Original Flied (Monds'DayNear) 6. Intivictni or JeniBroup Fling (Check Applicabie Line) X Fenn filed by One Repcang Person Form fled by More than One Repcang Person (Send) NEW YORK NY 10179 (City) (Male) 12131 Table I I. Non-Derivative Securities Acquired. Di posed ol. or Sena( icLelly Owned 1. Title of Security (Instr. 3) 2 Transact on Dale (rIonlIstray'Yese) 24. Deemed Ezeculion Date. Heel (MOnlIstay,Year) 3. Transaction Code (Instr. (I) 4. Securities A qu rod IA) or Disposed 01 ID (bier. 3.4 end 5) 5. Amount of Securities Benellcially Owned Folio I g Reported Trawmotonts) (Instr. 3 and 4) 6 Ownership Form: Direct ID) or Indirect (II (lrist, 4) 7. Borne of Indices. Beneficial Ownership llersh SI Code V Ainotini IA) or ID) Peke Table II - Derivative Se urill 5 Acquired. Disposed ol. or Beneficially Owned (e g.. puts. cal s. warrant . options. cenveni le securities) I. Title ol Derivative Security (Instr. 3) 2. Conversion or Exercise Price or Derivative Security 3. Transaction Date (Montheily.Yeas) 34. Deemed Execution Dive. Reny Of ontheatTearl 4. Transaction Code (Mitt. B) S. Pi antler of Derivative Securities ACQ red (A) o Disposed or lO (Ins . 3.4 and 5) 6. Dale Exercisable nd Expiration Dale (MonthDay.Teat) 7. TOW and Amount of Securities undressing Derivative Security (Unfit. 3 and 4) S. Price of Derivative Scarily Onto. S) 9. Number of sanative Securities someway Owned FoNowing Reported Transaction (Odom,. 4) 10. Ownership Fens: Direct iD) or Indirect 0) Onstc 4) It. fixture or indirect Beneficial Mown* (Instr. it Code V ON (0) Crate Exereiseble Excerption Date Title Amourd or Humber or Shares (Ai' ........ (NMI , i , 1202/2005 A r 2 i 3.365 11000010 11O1V2.O1O Common Stork 3.365 s1163 3.365 Er Emp Stock Omen tilt to Mop 3116.5 1202/2005 A 3.931 1202/2005 127220015 Common kuxx I 1931 SO 3.931 D Explanation of Responses: I. Thu type of &mauve so unty Inman> &exam have a conical...on or ex ewe twee 2 Deferral orionore erotica and credo to Remorse Person's Account (as of 12O2/O5)putiannt to the Woofs Capital Accumulation Plat for Sews Mmusisa Mecums 'CAP Rank eseena under Rule 16h.% Remarks: 1st Farber. Jeffrey M. Signature of Reporting Person 12/23/2005 Date Reminder: Report on a separate One tar each class of securities beneficially owned directly of indirectly. • B the kern is lied by more than one reportng person. see Instruction 4 (b)(v). Intentional misstatements or omissions ol facts consiiitde Federal Criminal %%lawn See 16 U.S.C. 1001 and 15 U.S.C. 7131f(a). Note: File three copies of ths Form. one of Mich mint be manually signed. If space a insufficient. see Instruction 6 for procedure. Persons who respond to the collection of information contained In this form are not required to respond unless the lone displays a currently valid OMB Number. hup://idea.sec.gov/Archives/edgar/data/777001/000077700105000119/xs1F345X02/far378... 2/26/2009 EFTA00316985
FORM 4 ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). .08-cvN11119WATIWYErieeitINESFAINIA2leataNaEge 273 tatisqppRowth COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • ARBER JEFFREY M 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) Director 10% Owner X Officer (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (MM/DDNYVY) 2/8/2006 _ _ below) Controller (Street) EW YORK, NY 10179 (City) (State) (tip) 4. If Amendment, Date Original Filed (MWDDNYYY) 6. Individual or Joint/Group Filing (Cheek Applicable Line) _ X _ Form filed by One Reporting Person — Form filed by More than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 an 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (lasts. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction iN)(Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares CAP Units (2000) (ti 2/8.,2006 A (21 382 11/30/2005 II/30/2005 Common Stock 382.00 SO 382.00 D CAP Units (2001) 2/8/2006 A al 124 11/30/2006 II/30/2006 Common Stock 124.00 SO 2078.00 D CAP Units (2002) O, lia12006 A (21 137 11/30/2007 II/30/2007 Common Stock 137.00 50 2289.00 D CAP Units (2003) (I; lia12006 A (21 139 11/30/2008 11/30/2008 Common Stock 139.00 50 2318.00 D CAP Units (2004) O, 2/812006 A (21 184 11/30/2009 11/30/2009 Common Stock 184.00 50 3070.00 D Explanation of Responses: ( I.) This type of derivative security typically does not have a conversion or exercise price ( 2) CAP Units credited to Reporting Person's account (as of 2/8/06) based on Fiscal Year 2005 Net Earnings Adjustments pursuant to the Issuer's Capital Accumulation Plan for Senior Managing Directors (CAP Plan); exempt under Rule 16b-3. Reporting Owners k eporting Owner Name / Address I Relationships I I EFTA00316986
Case 1:08-cv-ifigallaytanglocimpen FARBER JEFFREY M GO BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NY 10179 Controller Signatures /s/ Farber, Jeffrey M. •• Signature of Reposing Person 2/9/2006 Date Filed 02/27/09 Page 274 of 347 Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). Sir Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316987
.08-cvNillegiVivypteetRwiEsummedk Negie 275 eultqpPRovAL. FORM tease Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION OMB Number: 3235-0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • ARBER JEFFREY M 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) Director 10% Owner X Officer (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (MM/DD/YYYY) 2/23/2006 _ _ below) Controller (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) X Form filed by One Reporting Person Form filed by More than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 an 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (DI Price ( 'ototoon Stock 212312006 Ng (1) 382 A SO 3575.00 D Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Insu. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction IN) (kw. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amours( or Number of Shares CAP Units (2000) O1 2/23/2006 M U) 382 II/30/2005 II/30/2005 Common Stock 382.00 So 0.00 I) Explanation of Responses: ( 1) Settlement of CAP Units and distribution of common stock to Reporting Person pursuant to CAP Plan; exempt under Rule 16b-3. ( 2) This type of derivative security typically does not have a conversion or exercise price Reoortine Owners Reporting Owner Name / Address )Director Relationships . 10% OwnerOfficer Other FARBER JEFFREY M C/O BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NY 10179 Controller EFTA00316988
Signatures Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 276 of 347 id Farber, Jeffrey NI. 2/24/2006 Signature of Reporting Person Dale Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). •s Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316989
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02'27709 Page 277 of 347 SEC Form 4 FORM 4 Check this box it no lamer %Neel 0 to Sedalia. Forma Or Fenn 5 Woolens may comma See InStruClitin lib). UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washingrcn. D C 2C549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Fred pursued to Section 16(a) of the Securities Exchange Act of 1934. Section 17(a) I the Pubic Utility Hailing Cavern/ Act of 1915 or Section 30(h) of the Investment Company Ad 01 1940 OMB APPROVAL OttEiNumea: 32360287 &pros: February 28. Dili Estimated average burchn hours per 0.5 response 1. Name and Address Cl Repotting Pers • on FARBER JEFFREY M 2. Issuer Name and Tither or Trading Spike BEAR STEARNS COMPANIES INC 5. Relationship of Reporting Persons) ID Issuer (Check al appielble) Deector 10% Owner X Officer (give line Oilier (specify Wye!) below) Controller I BSC I _ (Last) (Final) Remo C/O BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dated Earliest Transaction (MondaDayNeat) 07/28/2006 4. It Amentraenl. Dale of Original Filed (Misnihtlayrreaq 6. Individual or JointeGfoup Filing neck Appteabie Line) X Form Ned by One Reporting Person Form Med by More lhan One Reporling Person IStreel) NEW YORK NY 10179 (City) (state) IZpl Table I - Non Derivative Securities Acquired. Di posed of. or Beneficially Owned 1.11Ila at Security (Instr. 3) Transaction Date (Mentherr.Teari 211. Deemed Execution Dale. Many (uonth.Daylfeee) 3 Transaction Code (nstr. 81 4. Securities squired (A) or Disposed 01(D)Onstr. 3,4 end Si 5. Amount at Securities Beneficially Owned Following Reported Transaction (a) (inn.. a and 4) 8. Ownership Form: Direct (D) minded 0) (ralr. 4) 7. N. of In:laceI Benenciti Ownership rinser. 4) Code V Amount (A) ce ID) Pik• Common Stock 07/28/2006 s 1.00f) I) 5138.15 2.575 I) Table II - Derivative Securities Acquired. Disposed of. or Beneficially Owned (6 .. pals. calls. warrants. plions. convertible securities) I. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Pm* of Derivative Security 3. Transaction Date ilitenthertrear) 3A. Deemed Execution Dale. Many (MonelaDayMear) 4. Transaction Code (Meta 5) 5. number d Denvadve Sactsvies Acq red IA) or Disposed of ID (Ins . 3.4 and ) 6. Date Exercrsable and Expiration Dale (1.1onthDaytre44) 7. Tab and Amount el Securities Underlying Derivative Security (Instr. 3 and 43 a. Price of Derivative Security (Instr. 5) 9. Bomber el derivative Secunttes Semalically Owned Following Reported Transaction (5) (Inyl• 4) 10. Ownership Form: Deed (0) or Indirect Di (Instr. 4) II. Nature of Indirect Beneficial Ownership Mau. 4) Code V (A) (D) Dale Exercisable Eepirst ion Date Title Amount or Number or States Explanation of Responses: Remarks: hi Farber Jeffrey M. 07/28/2006 •• Signature of Reporting Person Dale Reminder: Report on a separale line for each class of secutities beneficialy owned directly or indirectly. • II the In is filed by Mere man one repotting person. see instruction 0 (b)(v). • Inlenlional missialements or omissicos ol fade iamslitule Federal Criminal VittlabOns See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). dole: Fte three copes ol this Form. one of which must be manually signed. II space is insufficient. see Instruclion 61or prOCedure. Persona who respond to the collection of information contained in this lam are not required to respond unless the form displays a currently valid OMB Number. hup://idea.sec.gov/Archives/edgar/data/777001/000077700106000090/xs1F345X02/far430... 2/26/2009 EFTA00316990
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 278 of 347 SEC Form 4 FORM 4 Cheek this box erelong& subject 0 Section It Format., Form. (0lgalgm mammary. Sae Inteutson lib). UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant le Sedan 16(al of the Securities Exchange Act el 1934. Sack., 17(a) of the Pubic Silty Holding Company Ad of 1935 or Section 30(h) el me Investment Company Act el 1940 OMB APPROVAL O1.18Nronbie Ev10:4 Cremated average burden hews pe. 1,1010110 3235.0207 FObrualy 28. 2011 0.5 1. Name and Address of Reporting person' FARBER JEFFREY M I Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC 5. Relationship of Renewing PemoNs) to Issuer (Check WI appicabfe) Dream 10% Owner X Officer (give title Other (8P«ily below) below) Controller 1 BSC ] — 0-.50 (First) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dale of Earliest Transaction (LiontPutayNea0 12/18,2006 4. V Amendment. Date of Original Filed (MonINDaytearl 8. Inevickei or Jeannie:up Fding (Cheek Applicable Line) X Form filed by One Renewing Person Form fled by More man One Repeang Person (Sweat NEW YORK NY 10179 (City) (Slate) Re/ Table I • Non-Derivative Securities Acquired. Di posed of or Beneficially Owned 1. Title of Seourlly (Mar. 3) 2. Transaction OS edefithasylrear) a Deemed Execution Dale, • se (MentivOsteer) 3 Trans lion Cob (Mew. A) 4. Securities As wed (A) a Disposed Of 10) (lost' 3, 4 and 5) 5. Amount of Securities Berwricially Owned Follows, Reported TrensectiOnfel linstr. 3 and 4) (1. Ownership Form Direct (DI or Indirect 0) 0030. 4) 7. Nature of Indirect Beneficial Ownership Seth ili Cent V Mown (A) re (0) Price Common Stock 12/18/2006 M 2.078 A 30 4.653 I) Common Stock 12/18/2006 9 881 D $164.68 3.772 I) Table II • Derivative Se uriti s Acquired. Dis esed e . or Beneficially Owned (e.g.. puts. calls. warrant . options. convert ble securities) 1. This el Derivative Security Onto 3) 2. Conversion or Exercise PrIcs of (*that." Security S. Transaction Date (lfonlleDaylts) 3.. Deemed Execution nth. II any (ROMADay.Yeeri 4. Transaction Cede (Mgt 8) 5. Number of Derivative Stern's Acquired (A) or Disposed al (0) BMW 3.4 end Of 4. Coo Elercemble and Expiration Dale (bionthOrtlear) 7.71er 110d Amount of Securities Under*** Derivative Security (lnstr. 3 and 4) 4. Price of 0.108810. Security (Mstr. A) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction (s)(Inste 4) le. Ownership Fors Direct (D) or Indeed (I) 0nst. 4) II. Nature of Indirect Beneficial Ownership OM! el Cade V (A) (0) Date Exercisable Expiration Dale Title Amount or Numbs of Shares CAP Crum (20011 12.04006 M . I I SIOPL 2.1)73 11/30:2006 11/.th2003 Common d, ... ef, 8 r 10 0 Explanation el Responses: I. Strikes' 4 ('Al' Cnlh nJ dolithuliOn of cannon Na: k to Rye Ding P non minium to CAP Plan. twist under Rule 2 Thy type of demons re only ispredli) des not have, convey." nor ranee price Remarks: /s/ Farber Jeffrey M. 12/19/2005 Signature.' Reporting Person Dale Reminder: Report on a senora,e line for each class of :mollies beneficially own:dere:4N or in:Needy. • e the loam is fled by more man one reportng person. see Instruction 4 (b)(v). Intentional missiaternerts or omissions el facts consiiiihe Federal Criminal Vielabens See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: File IhrOeCepies a Pis Fenn. One Sweatt' must be manually signed. If space Is insufficient. see Instruction 6 for procedure. Persons who respond to the collection of Information conlalned In this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700106000133/xs1F345X02Jfar4... 10/29/2008 EFTA00316991
SEC FORM 4 Page. I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 279 of 347 SEC Form 4 FORM 4 Cheer this box Ire longer subject to 0 Section 16. Forme or Form5 etrigolons may continue. Ste Inunoson lib). UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant lo Seclion 16(a) of the Securities Exchange Act of 1934. Section 17(a) of the Pubic Ltilty Holding Company Ad of 1935 or Sedan 30(h) of Me Investment Company Act of 1940 OMB APPROVAL 01103Nrimber. SWIM Bimetal average bunion hours per impinge 3235.0247 February 28. 2011 0.5 1. Name and Address of Noodling person' FARBER JEFFREY M 2. Issuer Name and Ticker or Trading Syrred BEAR STEARNS COMPANIES INC 5. Relationship of Reporting Person(s) to Issuer (0144k all appleabia) Deeded 10% Owner X Officer (give title Other (specify below) below) Controller I BSC I _ RAMO (First) (Middle) OO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Elate of Earliest Transaction titordieDay(Yea0 12/20/2006 4. II Amendment. Dale of Original Filed (Month: DayNearl 6. Inclviclatd or JonliGroup Fding (Check Applicabie Line) X Form filed by One Reporting Person Form fled by More than One Reporting Person iSteedi NEW YORK NY 10179 Pin (Stale) IZPI Table I I. Non-Derivative Securities Acquired. Di posed of. or Beneficially Owned 1. Tide of Security (Instr. 3) 2 Transaction Dale (Monihtsaylew) 24. Deemed Peewee,' Dale. harry (4lonihtervear) 3. Trenseclion Cade (Instr. 8) 4. Sowell'', A csi rod (AI or Disposed PI (0 (bulb. 3.4 and 5) S. Amount of Securities Deneliciaity Owned Felso i g Reported Trainee-fonts/ (IMO 3 and 4) 4 Ownership form: Direct MO or Indirect (II (hair. 4) 7. Nature of Indirect Beneficial ()woofer. flush 41 Cade V Amount (A) or (D) Price Table ft- Derivative Se uriti s Acquired. Disp sad of or Beneficially Owned ( g.. puts. cal s. warrants. options. convert' le securities) 1. Title ol Derivative Security gnat 3) 2. Conversion or Exorcise Price of DerivaaVe Security 3. srensacuon Date DharithiDayiYear) 31i. Deemed Execution Date. If any (NontisDayvearl 4. Transaction Code (Inch. B) S. Number or Deihrative Sec tires Leg fired W0 DIsposed OM prat .3.4 and 1 6. Dale Rae cembie nd Expiration Dale (klemlaDay Tear) 7. Tine and Amount of Securities Uncionying Derivative Security linter. 3 and 4) S. Pace of Derivative Seetwity (last 5) 9. Number of detivative Securities Beneficially Owned Panning Repelled Transacuon isitinstr.0 10. ownership Fawn: Direct ID) or Indirect MOMS. 4) 1I. Nature cite...act Beneficial Ownership (Mau. If Code V (Al (D) Date Exercisable Expiration Dais Thle Necrua a Number al Shares CAP i IIIL, (2006; iii 1242182006 4336 onoom iii3i37.00 common Mock 4 536 ' SO 4316 D Fmp. Stock Ovum in. ea buy) 3165.32 12042006 2.606 12120(2006 4.121V21)16 Common sock 244° 30 2.616 D Explanation of Responses: I The. type a dornapor se urnv newally doer not have a conwnao or ex nue poet 2. Deferral ry campeaseuon and cirdu to Rip:tuns Person's Accoun fat of 2420alit pursuant lathe Issuers Carmel Ao:uswalsawa Plan for Senior Mainaina Ducciers (CAP Plank exempt under Rafe I60.4 Remarks: 1st Farber. Jeffrey M. Signature of Reporting Person 12/21/20)6 Date Reminder: Report on a separate One foe each class d securilies bene0cially owned directly or indirectly. ' B the lam is lied by more than one reporteig person. See Instruction 4 (b)(v). Intentional misstatements or omissions of facts eonslilule Federal Criminal Violations See 16 U.S.O. 1001 and 15 U.S.C. 713ff(a). Note: File three copies of this Form, one of which mint be manually signed. If space is insufficient. see Instruction 6 for procedure. Persons who respond to the collection of Information contained In this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700106000143/xs1F345X02Jfar4... 10/30/2008 EFTA00316992
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 280 of 347 SEC Form 4 FORM 4 Check Unstop it no baser subject 0 Section la. Form 4 er Forme engine's may continue See Insevcton lib) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washingicet D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed purslane lo Section 16(a) of the Securities Exchange Act 01 1934. Section 17(a) of the Pubic Lefty Holding Company Act ol 1935 a Section 30(h) ol the Investment Company Act ol 1940 OMB APPROVAL Ott Number MINIM Eiarnated average burden hours ea re panne 3235.0207 February 29. 2011 0.5 1. Name and Address of Reneging Parsed FARBER JEFFREY M 2. Issuer Name and Ticker or Trading Syrrbel BEAR STEARNS COMPANIES INC 5. Relationship of Repating PersoNs) to issuer (Check all applcabn) meat. 10% Owner X Officer (give lige Other (specify betere) below) Controller 1 BSC ] — OMS0 (First) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. OM. of Earliest Transaction (MoreuDayNeat) 02/14/2007 4. V Amendment. Date of Original Filed (Mornh'DayNear) 8. Indvicbal or JonlrGroup Fding (Check Appircatre Line) X Rem Sled by One Repatng Person Fan Ned by More than One Regaling Person (Stereeg NEW YORK NY 10179 ICAO (Slate) (2P/ Table I • Non-Derivative Securities Acquired. Di posed of. or Beneficially Owned 1. Title of Security thisir. 3) 1 Transaction Date (Aanihrsaylmo) 26. Deemed Emmuilon Date. ii any IfiColhDavTean 3. Transaction Code (Irw*r. if) 4. Securities A cm red (Al or Disposed Ol (DI Owe. 3.4 end 5) 5. Amount or Securities Beneficially Owned Fan i g Reported Transauliores) 0mtr. Sande) 4 Ownership Form: Carman or Indlreci (II Omar. 4) 7. Nature or indirect Beneficial Owner slue Omar. 41 Dada V Amount IA) or ID) Price Table ft - Derivative Setting a Acquired. Disposed ol. or Beneficially Owned (e.g.. puts. cal s. warrant . options. conve0i le securities) I. Tale of Derivative Security (Instr. 3) 2. Conversion or Exercise Pelee or Derivative Security 3. Transaction Date tiataninDerfean 31‘. Deemed Execution Dale. It any mental/are earl 4. Transaction Code Once. 8) S. Monism of Dal alive Seca Uses ACCel red (A) a Disposed Du to Miter. 3.4 end I 6. Dale exercesabie and Expiration Dale (MomitDerreer) 7. Title and Amount of Securities Undonying Derivative Security (Inn. 3 and 4) It Price or Derivative Sectrity (Instr. S) 9. Number of derivative Securities Beneficially Owned Following Reported Trent iretiOn Is)(Instr. 4) 10. overcame Form: Direct ID) or Indirect (I) Onus 4) 11. Rebate *matrix' Beneficial Ownersan (Instr.el Cede V (A) (0) Dale Exercisable Exporalion INIM Title Amount C. Number 01 Shares CAP Unfra (3110t) (Ii 029142007 A r Ii 139 IDS 2)6 ns I I /300.096 it/maxis common stel. 139 SO 139 II II/30/2007 outalsol common sw.A. 154 se 2443 D CAP Units (3002) • i • 029142007 l54 A r 2 i CAP Units (2003) ( i i 0.1g4/2007 AI II S IIMO/200g IIMODOCM Curnmimkon 156 SO 2.424 D CAP (2004) Units r i I 0:914/2002 Ai r 2 II/30/2009 itr3W2602 Common Meek 706 — SO 3.276 D i inotiolo a uswioto Common SIOCk 226 SO 3.591 D CAP tines C20031 (Ii O1/t412107 A r 2 I E) planation ol Responses: I. flip type of &mauve serumv ispocally does am hate a comnsao or exercise race 2 CAP Unto. guinea to Repxuny Persuirs account list of Vlagibned on Fiscal Year 2006 Not Ramses' Adjustments pursuam to the Isamv‘ Capful ACCSilviallea Plan for Senior Managing DUD:lois ICA Mani. exempt mar Ruk leb.1 Remarks: A/ Farber. Jeffrey M. 02/1 5/2007 Signature of Reporting Person Date Reminder: Renal on a separate line for each class of securities beneficially ownedOres-0y or indirectly. 'B the lam is lied by more than one reporterp person. see Inmnictron 4 (b)(v). intemanai misstatements or omissions ol tactseonsiiiure Federal Criminal Molanons See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: File three copies of this Form. one of which must be manually signed. If space is insullitient. see Instructico 6 (or procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700107000014/xs1F345X02Jfar4... 10/30/2008 EFTA00316993
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 281 of 347 SEC Form 4 FORM 4 Cher* this boa lino longer subject to 0 Selmer° Forma or Form5 strigabons may continue See Hemmen 187) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Sieben 16(4) of the Securities Exchange Ad ol 1934. Section 17(a) of the Pubic Uitty Holding Company Ad of 1935 or Section 30(h) ol the Investment Company Act ol 1940 OMB APPROVAL OHS Minor EMOM Emma.," average burden hours ion M1080080 3235.0207 FObtualy 28. 2011 0.5 I. Name and Address el Reporting Person. FARBER JEFFREY M 2. Issuer Name and Ticker or Trading Syrnbot BEAR STEARNS COMPANIES INC 5. Relationship of Repeetng Person(s) to Issuer (Check SI agplicabe) Dread 10% Owner X Officer (give tide Other (speedy below) below) Controller I BSC ] (Tas0 Fest) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dale of Earliest Transaction Bionnuttay/Yean 03122/2007 4. V Amendment. Dale of Original Filed (MonlIVDayNear) 8. Indvicbal or Joidtroup Filing (Cheek Applicabe line) X Form Sled by One Rem:ding Person Fowl fled by More than One Repotting Person (Seed) NEW YORK NY 10179 lay) (Sbn& (2131 Table I . Non-Derivative Securities Acquired. Di posed ol. or Beneficially Owned I. Title of Security (nstr. 3) 2 Transaction Date (Manthtlay.The) 2A. Deemed Execution Date. ilany (tinthDay.,Year) 3. Transaction Code (Instr. 8) 4. Securities A cm rod (AI or Disposed 01(0 (Instr. 3.4 and 5) 5 Amount of Securities Beneficiary 041,4•41 Foao i o Reported Trans's-fonts) amt.. 3 and el 5 OwnereNp Form: Direct ID) or Indirect (II (Instr. 4) 7. Nature of Indirect Beneficial Owned,* (Instr.4) Code V Amount RI or (0) Prim Common Stock 03/22/2007 31 , , , 139 A 10 3.911 I) Table III • Derivative Securiti s Acquired. DMp sad e or Beneficially Owned (e 9.. Idiots. ea s. warrant options. convert ble securities) 1. Meet DidntIVO Security (Neb. 3) 2. Conversion co Exercise Price of Derivative Security 3. Trenaction Date IllontriDerVem) 3A. Deemed Emarrion Os. Reny (asnItiCleylearl 4. Transaction Code (Weir. (1) 5. HI.4111340 of Derivative Securities Acquired (A)on Disposed *I ID Rase. 3.4 end 5) O. Date Exercisable and ElpisibliOn Dais (M*MhOrolear) 7. Title and Amount of Securities Underhill* Derivative Security (In*. 3 and 4) a Pike of Derivative Security (Instr. 5) C. Humber of derivative Securities Beneficially Owned Forioneig Reported Tramection (0(Inew 4) 10. OwnersNp Form: Direct (0) or Imbed (I) (Mee. 4) 11. NSW* of Berudielal OwnereN0 grist,. 41 cede V (A) ID) Dee 884/0114ble Experanon Date TM* Amount or Number al Shares CAP Ones (20011 ,. , 07/2 272007 M . l , 139 II/3042e% i Vey:cos Common shxk 139 93 0 D Explanation of Responses: I Sonlement ICAP Lath., J attribution of common sock to Repn mg Person *anuses re CAP Plan. eiturpt under Rule 66-3 2 nu. type al &ramie wcunty dnme mss bait coliveRio or eactose *rite Remarks: IS1 Farber, Jeffrey M. 03/23/2007 " Signature of Reporting Person Dale Reminder. Rawl on a separate line for each class of securities benslicially owned directly or indirectly. • If the kern is lied by more than one mooring person. see instruction 4 (b)(v). Intim-tonal misstatements or omissions ol facts conslilule Feiner Criminal incisions See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: File three copies of this Form. one of whch must be manually signed. If mace c insullicient. see Instrudien 6 for procedure. Persons who respond to the collection of Information contained in this form are not respired to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700107000042/xs1F345X02Jfar4... 12/16/2008 EFTA00316994
SEC FORM 4 Page 1 of I Case 1:08-cv-02793-RWS Document 102 Filed 02,27/09 Page 282 of 347 SEC Faint 4 FORM 4 Crank me bar il miaow,/ 'awl io U Section le Form 4 or Fom 5 othearces may wine See trelnicatel(b) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. O.C. 2050 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed Waal 10 Section 1600 Of the SeCullieS Exchange Act 011934. Section 17(e) 01 the Pudic Wray Melting Company AC1011935 or Sala 3016101 the inveSIMent Wrath Act 011940 OMB APPROVAL OMB thither Exeter Eshealed deOfte, burden ass per eneonse 11)6407 Fetrury 28 zon OS 1. Name and Address of Reponing Person. FARBER JEFFREY M 2. Issuer Name and Ticker er Trading Syrrbol BEAR STEARNS COMPANIES INC 1 BSC I 5. Relationshipal Repwling nerson(sl So Issuer (Check di applicable) Director 10%Oaner Ottner (give Ire OtherISPC4Y X blow) below) Controller (Last) (111$ (Midden C/O BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 1. Dale of Earbasl Transaclien (MonthDaylYear) 12/21/2007 A. II Amendment Date 01 Ongmd Filed (MOntithaWTearl 6. Ind...RUN Or JOIntthrOup Fling (Cheek *potable Lire) X Form lila by Cne Rem:ding Person Form I nod by MOM than One Rethnhth Person (Seal) NEW YORK NY 10179 ICIN) ISlate) OP) Table I - Non Derivative Securities Acquired. Di posed ol. or Beneficially Owned 1. Tkie of SecurNy (Instr. 3) 2 Transaction Date (thanththrtTear) 2A.Dsemed Execution Dow. II any (Morahtatvew) 1. Transaction Cods (Insb. 5) 4. SOCurlfliff Ac find (A) Of Disposed Olth)(instr. 3.4 end 5) S. Amount or Securities Bentficay Dona F Hoene Reported Transacrion(s) Omar. land 4) 6. Ownership Form. Dina (Color Indium, (I) (IASto. 4) 7. Nature or Indirect Smolder Ownerehip (Instr. 4) Cade V Amount (A) ot (IN Price Common Stock 12/21/2007 M . r. 2.443 A SO 6.354 D Common Stock II/21/2007 S 2.443 D 589.01 3.911 D Tale N - Derivative Securities Acquired. Disposed o . or Be elicially Owned ( g.. puts. calls. warrants. options. censer bit securities) i. MN of Cavan Security (looff 1) 2. Conversion ot Exorcise Noe of Chernitive Security 3. Transaction Date (eonththyVear) IA.Deemed Execution Date. irony triontaDayYmr) 4. Tramacuon Code (Instr. a) S. Number or DaYnatfre Sectroses Acquired IA) or Disposed of (Di that,. 3, lands 6. Data Exercisable and Expiration Dee (11orithDayTecio 7. Tette and Amount 01 Seturitt Underlying Derivative %malty (MS.land 41 B. Prla or Darin tin Security (Inats. 5) 9. Mabee el derivative Securities Beneficially Oared FOII0oing Reported Transaction Wilma, . 4) 10. Owashks Farm; Direct (0) or Indeed (I) (Moir. 4) 11.11mure oneentem Banollelol Ownership Ilea. 4) Code V (A) (Di Oa* Exareisathe ImIrMl on Data Tide Amount Or Nab. col &was CAP Users (2002) 121202007 94 r I ) 2.443 II/30/2007 I 100,3307 0 Common bu d: 2.443 10 D CAP Used 2001 12/2 I/2007 A ) )3.340 1 Inman motion Common Stock 13.340 SO 13.34(1 D Esionadon of Response*: I Setilemore (CAP Corti al dnif Motion tyrurmmn Ruck to thrones (erten', rant to CAP Man. exempt under Rule 16b.3 2 TN, Inn M ikmeine them' in/wally donate line a Mom ion or to Mot pine rkftfrol N oOmpf motion andmint to Reporting Pawn', Acroont rm of 1J21AI puresau to in: Inure, Cimul Aonarrulaw Plan for Senior Managing Diftolora (CAP Man). center under Role 161e3 Remarks: Farber, Jeffrey M. 12/21/2007 812naluteet Repo/log Person Date Renthder Report on a serer.* Ire kir each ctass of securnes beneficiary owned dreary or insectary. • n the form Is Bled by more than ore mann° poem. see instruction 4 101144. • inlenbcnal TO.SaffINTIOAfff or minions 01 lade constitute Federal COMA& WNW% See 18 V.S.C. 1031 and is V.S.C. 7111(a). Nate: Fee three copies el this Form. COO 01 Meth Mith be manually signed. It space Is Insufficient. see antrucfion 6 tor procedure. Persons veto respond to the collection of Intormadon contained In this form are not melted lo respond unless the loan displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700107000129/xs1F345X02/far5... 12/16/2008 EFTA00316995
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 283 of 347 SEC Form 4 FORM 4 CheekHist:ex V nelonger subject te 0 Section IS. Forma or Form6 oblaalims may continuo 51re Insauffion lib) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) ci the Securities Exchange Act 01 1934. Section 17(a) of the Pubic Lhilty Holding Company Ac' of 1935 or Section *h) ol Me Investment Company Act ol 1940 OMB APPROVAL OtilEt Number Espree Bimetal average burden how, per moons, 32350207 February 28. 2011 0.5 1. Name and Address of Reporting Person* FARBER JEFFREY M 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC 5. Relationship of Repmeng Person(s) to Issuer (Check all applicable) meat. 10% Owner X Officer (give lide Oliver (speedy below) below) Controller I BSC ] flalli (rest) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dale of Earliest Transaction ffitordruDayNeag 01/09/2008 4. V Amendment. Dale of Original Filed (MontletayNear) 8. Inclviclea or dalltIOup Filing (Check Applicable Line) X Fenn filed by One Reporting Person Fan' fled by More than One Repmeng Person (Sir teeq NEW YORK NY 10179 • (City) (Male) ltpl Table I • Non-Derivative Securities Acquired. Disposed of. or Beneficially Owned 1. Title of Security (Instr. 3) 2 Transaction Dale IManlersay)Yeat) 24. Deemed Execullon Date. it any OlOnletay.Year) 3. Prainfiction Cade 'Instr. Cl 4. Seenrilles A or rid (A) or Dispostel 01 (0 (bulb. 3.4 and 5) S. Amount ci Securities Benelicially Owned Folio 1 g Reported Transaction's) OMB. 3 and al S. Ownership Form: Direct ID) or Wired (II (Mats 4) 7. Baler. or Indigoes Beneficial Owner slip lime- 4) Cackl e Amount (A) o ID) Prim, Table II - Derivative Seeuriti a Acquired. Disposed of or Beneficially Owned (e.g., puts. ea s. warrant . options. convert) le securities) I. Title of Derivative Security rinse. 3) 2. Conversion or Exercise Price ur Doi. e urS Security 3. Transaction Oslo (month Day Year) 3A. Deemed Cretonne Date. It any month oar Teen 4. Transaction Code (bill,. 8) S. Number Of Den alive Secu Mee Accra red IA) of Disposed of ID Wilts. 3.4 and i 6. Date Exemmeame and Expfrellon Dale (Momhillaynf oar) 7.TM, and Amount of Securities Underlying Derivative Streutity linter. 3 and 4) S. Pate el Deelvattve Secralty Omit 5) 9. Number of derivative Securmes Beneficially Owned Fob...no Reported Transaction Is) (Math 4) to, Ownership Forms Direct ID) or Insect (I) (InStr. 4) u. lleture or indirect Beneficial °Wettable. Mut. ili Code V DB ID) Date Exercisable Expiation Own Title Amount or Number ol Shores Nil _ P L .. (Ii Or/0912008 ( A 21 n I IT m 24 SI 160t2007 111300.007 C'"Sl'ic " 17 SO I7 I, 11/30/3008 11/SOCIPTS Common meek 17 W 2.491 m CAP L (200 i .. i I i DIM/2008 A ii 2i CAP t .. (Saw i I i 01/09/2008 NI2008 A i i 2 I11/3/32009 ou30080? Stock Common 22 SO 3.298 D O CAP t .. m (II OUINI2008 A i i 2 II/30/2010 INN/2010 ComMockmon 24 SO 3.60 D C2AI. I. .. v i I i Or/0912008 (11AA I IflOr2011 Ilf380.01I Stoo Common 31 SO 4.567 D Explanation of Responses: I Thu type of &mom looms,: gpcollydocs am has a comnuo orexercise pace 2 CAP Cans feinted io Repetung Person's mecum (as of IMileMbosed on Fiscal Year 33(r7 Na Parmitss Admammits pursuant to Mc Issecr's Capitol Atttintilblien Plan los Senior Manassas Directors 'CAP Plan). cumin under Rule 01b.3. Remarks: A/ Farber. Jeffrey M. 01/09/2008 Signature of Reporting Person Date Reminder: Radon on a separate line ter each mass of smudges beneficially owned directly or indirectly. ' If the Icon is fled by more than one repairing person. see tostmcoon 4 (b)(v). Intentional missiaternems or omissions ol facts constitute Federal Criminal %newborn See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: File three copies of Ms Form. one of welch must be manually signed. If space is insufficient. see Instruclico 6 for procedure. Persons who respond to the collection of Information contained In this form are not required to respond unless the fonts displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700108000004/xs1F345X02Jfar5... 12/16/2008 EFTA00316996
.08-cvNi1-6§VailiscstatokiliEsFAtiffeiliaNegje 284 tgagppRovAL FORM 4ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person * REENBERG ALAN C 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) Director 10% Owner _x_ Officer (give tide below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (MhUDDNYYY) 9/14/2005 below) (Street) EW YORK, NY 10179 (City) (Slate) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) _ X _ Form filed by One Reporting Person Form filed by Mom than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A)or Disposed of (D) (Instr. 3.4 an 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) anstr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (DI Price Table II - Derivative Securities Beneficially (hi ned ( e.g. , puts, calls, warrants, options convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. g) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (hum 3 and 4) 8. Price of Derivative Security (Instr.5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction iN) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Imtr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Tide Amount or Number of Shares Fwd Purchase Contract roblig. to sell) ill 9/14/2005 .1 al 103637 dl 11/30/2005 III 11/30/2005 (I) Common Stock II) 103637.00 411 (II 0.00 D Explanation of Responses: ( I) On 9/14/05, the Reporting Person entered into a forward contract pursuant to the CAP Plan with The Bear Steams Companies Inc. (BSC) in which the Reporting Person agreed to sell up to 103,637 common shares of BSC issuable upon settlement of CAP Units pursuant to the CAP Plan to BSC. The forward contract is subject to BSCs satisfaction of certain performance goals for the 9 months ending 8/31/05. The fonvard contract will settle on 11/30/05. The per share price will be the average of the Daily Volume Weighted Average Prices of the common stock on each day that it trades between $90 and $115 during the period from 9/6/05 through 11/29/05 (Included Days). The number of shares purchased pursuant to the fonvard contract will be a fraction, the numerator of which is the number of Included Days and the denominator of which is the number of days the NYSE opens for trading between 9/6/05 and 11129/05, multiplied by 103,637. Reporting Owners Reporting Owner Name / Address ID Relationships irecto110% Ownifficeithe GREENBERG ALAN C X GO BEAR, STEARNS & CO. INC EFTA00316997
Case 1 :08-cv 279 RWS ocurrent 02 Filed 02/27/09 Page 285 of 347 i0 p02 83 MADISON AVENUE EW YORK, NY 10179 Signatures Is/ Greenberg, Alan C. 9/14/2005 •• Signature of 'tenoning Person Dale Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). •s Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00316998
.08-cvNnyithFASoygieekwiEsuftthckweinNegie 286 Okia3pRovAL FORM 4ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person * REENBERG ALAN C 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC I /— 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x Director Kt% Owner — Officer (give tide below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction 0.11(VDDNYYY) 11/30/2005 below) (Street) EW YORK, NY 10179 (City) (Slate) (ZO) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) X Form filed by One Reporting Person Form filed by More than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I Tide of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code (butt. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 11/30/2005 m II) 103637 A SO 118637.00 D Common Stock 11/30/2005 j (2, 103637 D $106.67 15000.00 D Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Title of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code ansu. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Ins r. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (hum 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction (s)(fitstr. 4) 10. Ownership Form of Derivative Security: Direct CD) or Indirect (I) (Ins°. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares CAP Vohs (2000) O1 11/3012005 51 ar 103637 11/302005 11/30/2005 Common Stock 103637.00 SO 0.00 D Explanation of Responses: ( I) Settlement of CAP Units and distribution of common stock to Reporting Person pursuant to CAP Plan; exempt under Rule 16b-3. ( 2) On September 14, 2005, the Reporting Person entered into a fonvard contract pursuant to the CAP Plan with The Bear Steams Companies Inc. (BSC) in which the Reporting Person agreed to sell up to, and including, 103,637 common shares of BSC issuable upon settlement of CAP Units pursuant to the CAP Plan to BSC. The forward contract settled on November 30, 2005. On November 30, 2005, the Reporting Person delivered to BSC 103,637 common shares of BSC in settlement of its obligation under the forward contract at a purchase price of $106.6726 per share. ( 3) This type of derivative security typically does not have a conversion or exercise price Reporting Owners EFTA00316999
Case 1:08-cv-O2793-liMongecument 102 Filed 02/27/09 Page 287 of 347 Reporting Owner Name / Address Director 10% Owne rOfficer0ther GREENBERG ALAN C GO BEAR, STEARNS & CO. INC. X 383 MADISON AVENUE NEW YORK, NY 10179 Signatures /s/ Greenberg, Alan C. 11/30/2005 Signature of Reporting Person Date Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). ▪ Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00317000
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 288 of 347 SEC Form 4 FORM 4 Check Pm bar dnalonger Gutted to 0 Stetson le. Form 4 a Flom 5 oblgdions may oxbow. See Pelnicien UNITED STATES SECURITIES AND EXCHANGE COMMISSION washnson. D.C. 20649 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 18(a) ol the Securlies Exchange Ad el 1934, Sedan 17(alolthe Public Uglily Holdng Company Add 1935 er Sectian 30(h) of the Investment Company Ad el 1940 OMB APPROVAL 01113 Dunbar: berm 32350287 February 28. 2011 Fellssat00 avatar' a iden roan per retiOolle 05 • 1. Name and Maass ol Reporting POrsell GREENBERG ALAN C a Issuer Name and Ticker or Tradrg Symbol BEAR STEARNS COMPANIES INC S. Relalionsnp el Reporting Perron(s) to Issuer (Check al applicable) X Director 10% Orme, Oflker (give title Other (specify below) below) i BSC 1 0-ast) (Thal) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE & Date of Earliest Transaction (MordIVDayffeat) 12122/2005 4. II Amendment. Dale ol Odginal Fled (Month:DayNear) 6. Individual Of Jointtroup Fang (Check Applicable Line) X Form tiled by One Reporting Person Fonts filed by More than One Reporting Person (Street) NEW YORK NY 10179 (City) (Stale) t2io, Table I- Non-Derivative Securities Acquired. Disposed of. or Beneficially Owned 1. Title of Security (Instr. 3) 1. Transaction Dale McnthDayNear) 2k Onewd Execution Date Rimy Gaintagantar) 3. Transaction Code (Instr. e) 4. Sec...Wes Acquires/1AI or Disposed 01(0)(1ndr. 3. 4 and SI S. Amount of Securities Mmericially Owned Rollo g Reported Tniniliclional rine% 3 and 4) 6. Crewel.", Form: Owed (Dl or Indirect (I) findr. 4) 7 it,,,,,.. of ',wool Den*. iris' Onnwsap (Matt. 4) Code V Amount IA) cc (0) Prior Table II - Derivative Securities Acquired. Disposed o or Beneficially Owned (e g.. W ts. calls. warrants options, convert We securities) tiling, of 13411vallsia Security (mar. 3) 2. COnstraien or Exercise Once of Derivative Security 3. Transaction Dole IMenlhOay'Yeer) 3/i. Deemed Elteetitian Date. Deny (MonitifiayTew) I. TleneeellOil Dock (Inn. /0 S. Hunter or Derivative Securities Acquired VOW Disposed of (C) (insts 3 4 and 51 6. Dila Etterriefilikt and Expiration Dale PacenstsaylSeati 7. TIDO and Amount or Sommats Unclothing Derivative SinuMy Omit. 3 and 4) 8, PDC* Of Derlvativo Security (Mt*. SI 9.11utlatt of derivative Securities, litersiteiclally Ormird renewing Reported Transaction is, Onstr. 4) 10. on Form: Wiwi (D) or Wired (II tilldr.4) II. Halve clattered Benet kik Generals, °now It Coda V (A) to) Date Resaleable Exeltatirio Date Hilo Amount fic lumber of Shares CAP Urns (2005) , i i I:J:1;2n., A 48.633 I trAV2010 I Itltv20111 t ocr,non Suxl; 48.633 SI In 5 48.0 r; t . Ewe Stock Option iftt to Buy) 11165 11/22/2001 A navzoaa 12/Z212012 Common Stock 32.026 SO 32.020 I) 32.026 Explanation el Responses: I This rage m denvillirt s« very' typically don a.< time o<msemmn or CACICINC price 2, Damao! corceeimmoa and credo to Rcpxters Perws Account (as nl 12/220/51 pursues to the b.mar's Capital AC C unuiLilifia Plan for Scrum Managing Directors 'CAPPlank exempt under Rule I Mu Remarks: kJ Greenberg, Alan C. [123/2005 „ Signature of Reporting Person Dale Reminder: Report en a separale Inc Ice each class al securities beneficially owned al eCtbr Of inclieclly. •U the term k find by more than one reportng person. see Instruction 4 (Whet. Intentional nisstalerner4s or emissions el fads consteute Federal Criminal Violations See 18 U.S.C. 1001 and IS U.S.C.70064. Note: Fite 'Nee copies of !bib Form. ore ol olich must be marually stoned. II space is insufficient. see lintructicn 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid 01113 Number. http://idea.sec.gov/Archives/edgar/data/777001/000077700105000121/xs1F345X02Jgre379... 2/26/2009 EFTA00317001
.08-cv19O3b9§AilicyputektiqiEsFithiagkaiR NeNe 289 Okia3pRovAL FORM 4ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION OMB Number: 3235.0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • REENBERG ALAN C 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x Director 10% Owner _ _ Officer (give title below) Other (specify (Last) (First) (Middle) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (MhUDDNYYY) 1/3/2006 — below) (Street) EW YORK, NY 10179 (City) (Slate) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) _ X Form filed by One Reporting Person P01111 filed by Mort than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned (.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date. if any 3. Trans. Code ansu. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) I 6. Ownership Form: Direct (D) or Indirect (1) anstr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) Or CD) Price Common Stock 113a006 m a p 40000 A $64.00 55000.00 D Common Stock 113a006 S 40000 D $114.49 15000.00 D Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Title of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code anstr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction (s)(Instr. 4) 10. Ownership Form of Derivative Security: Direct CD) or Indirect (I) %Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) CD) Date Exercisable Expiration Date Title Amount or Number of Shares Employee Stock Option (Right to Buy) 364.00 I/1/2006 M rte 40000 /1/3012005 II/30/2012 Common Mock 40000.00 so 0.00 I) Explanation of Responses: ( 1) Exercise of Employee Stock Option (Right to Buy) granted 11/29/02 and distribution of common stock to Reporting Person pursuant to Issuer's Stock Award Plan, exempt under Rule 161).3. Reporting Owners Relationships Reporting Owner Name / Address Director GREENBERG ALAN C GO BEAR, STEARNS & CO. INC. X 10% Owne rOffice rOther 383 MADISON AVENUE EFTA00317002
NEW YORK, NY Qme 1:08-cv/02793fRWS gocurrient p02 Filed 02/27/09 Page 290 of 347 Signatures /s/ Greenberg, Alan C. 1/3/2006 •• Signature of Repotting Person Date Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). •s Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00317003
FORM itse Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). 1 08-cvNithygirmleirstrieekitHEsFAIseliggefiliRNeNe 291 COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 oltti3/4 7PPROVAL OMB Number: 3235.0287 Expires: January 31, 2008 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person ' REENBERG ALAN C 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x_ Director 10% Owner _ Officer (give tide below) Other (specify (Last) (First) thliddlel C/O BEAR, STEARNS & CO. C. 383 MADISON AVENUE 3. Date of Earliest Transaction (MM/DD/YYYY) 2/8/2006 below) (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) Form filed by One Reporting Pecson - Form filed by Mote than One Repotting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date. if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (Al or Disposed of (D) anstr. 3.4 an 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Table II - Derivative Securities Beneficially ()m ned ( e.g. , puts, calls, warrants, options convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (lams. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (hum 3 and 4) 8. Price of Derivative Security (Insu. 5) 9. Number of derivative Securities Beneficially Owned Following Repotted Transaction IN) (law. 4 ) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) ,.. Date . ki a.,CICIsaine n...., ExPirati°n Date Title ANum moubenttoofr Shares CAP Units (2000) 0 1 2/8.,2006 A (21 6617 11/30/2005 11/3012005 Common Stock 6617.00 SO 6617.00 D CAP Units (2001) (it 2/8.,2006 A Or 1624 11/30/2006 11/3W2006 Common Stock 1624.00 SO 27064.00 D CAP Units (2002) di 2/8/2006 A (21 55S4 11/30/2007 11/30/2007 Common Stock 5584.00 50 93041.00 D CAP Units (2003) of IA/2006 A (21 5532 11/30/2008 11/30/2008 Common Stock 5532.00 50 92184.01) D CAP Units (2004) (II 2/8/2006 A (21 3345 11/30/2009 11/30/2009 Common Stock 3348.00 50 55796.00 D Explanation of Responses: ( I) This type of derivative security typically does not have a conversion or exercise price ( 2) CAP Units credited to Reporting Person's account (as of 2/8/06) based on Fiscal Year 2005 Net Earnings Adjustments pursuant to the Issuer's Capital Accumulation Plan for Senior Managing Directors (CAP Plan); exempt under Rule 16b-3. Reporting Owners I Reporting Owner Name / Address Relationships EFTA00317004
ease 1:uts-cv-ityil • kfrywvn tr GREENBERG ALAN C GO BEAR, STEARNS & CO. INC. 383 MADISON AVENUE NEW YORK, NY 10179 X Signatures /s/ Greenberg, Alan C. .. Signature of Repotting Person 2/9/2006 Date 02 Filed 02/27/09 Page 292 of 347 Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). Sit Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00317005
° 8-cviNnillaitWAIW-SlatetRINESFAIMICA2eNNeNe 293 Oktia'PROVAL FORM tease Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OF SECURITIES OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(0 of the Investment Company Act of 1940 OMB Number: 3235.0287 Expires: January 31, 2008 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person * REENBERG ALAN C 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC I /— 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) X Director 10% Owner — Officer (give title below) Other (specify (Last) (First) (tvliddk) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (MM/DDNYYY) 2/23/2006 below) (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MWDEVYTYY) 6. Individual or Joint/Group Filing (Check Applicable Line) _ x _ Form filed by One Reporting Person Form filed by More than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Tale of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date. if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 5. Amount of Securities Beneficially Owned Following Repotted Transaction(s) (Instr. 3 and 4) I 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Common Stock 2/23/2006 m al 6617 A SO 21617.00 D Common Stock 2/23/2006 S 6617 D $135.08 15000.00 D Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Title of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction IN) (law. 4) 10. Ownership Form of Derivative Security: Direct CD) or Indirect (I) (Ins°. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares CAP Units (2000) 2/23/2006 ht ID 6617 unorzoos 11/30/2005 Common Stock 6617.00 SO 0.00 I) Explanation of Responses: ( I) Settlement of CAP Units and distribution of common stock to Reporting Person pursuant to CAP Plan; exempt under Rule 16b-3. ( 2) This type of derivative security typically does not have a conversion or exercise price Reporting Owners Reporting Owner Name / Address Relationships Directo 10% OwnerOfficedDther GREENBERG ALAN C GO BEAR, STEARNS & CO. INC X 383 MADISON AVENUE EFTA00317006
'NEW YORK, NY Q?ge 1:08-cv/02793fRWS Clocurrient (102 Filed 02/27/09 Page 294 of 347 Signatures /s/ Greenberg, Alan C. 2/24/2006 •• Signature of Reporting Person Dare Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). •s Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00317007
FORM 4ase Check this box if no onger subject to Section 16 Form 4 or Form 5 obligations may continue. See Instruction 1(b). .05-cvi9giiiirDWATIVISIErieekINESFAINIA2lealikNegle 295 tatielippRovAL COMMISSION OMB Number: 3235-0287 Expires: January 31, 2008 Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 Estimated average burden hours per response... 0.5 1. Name and Address of Reporting Person • REENBERG ALAN C 2. Issuer Name and Ticker or Trading Symbol BEAR STEARNS COMPANIES INC [ BSC ] 5. Relationship of Reporting Person(s) to Issuer (Check all applicable) x Director 10% Owner _ _ Officer (give tide below) Other (specify (Last) (First) (tvliddle) C/O BEAR, STEARNS & CO. C., 383 MADISON AVENUE 3. Date of Earliest Transaction (MbUDDNYYY) 9/20/2006 below) (Street) EW YORK, NY 10179 (City) (State) (Zip) 4. If Amendment, Date Original Filed (MM/DD/YYYY) 6. Individual or Joint/Group Filing (Check Applicable Line) X Form filed by One Reporting Person Form filed by Mott than One Reporting Person Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned I.Title of Security (Instr. 3) 2. Trans. Date 2A. Deemed Execution Date. if any 3. Trans. Code (Instr. 8) 4. Securities Acquired (Al or Disposed of (D) (Instr. 3.4 an 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (1) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4) Code V Amount (A) or (D) Price Table II - Derivative Securities Beneficially ()m ned ( e.g. , puts, calls, warrants, options, convertible secunties) I. Tide of Derivate Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date. if any 4. Trans. Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3.4 and 5) 6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction is)(fitstr. 41 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) II. Nature of Indirect Beneficial Ownership (Instr. 4) Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares Forward Purchase Contract • Obligation to Sell di 9/20/2006 j al 27063 (I) 11/30/2006 II) 11/3012006 rti Common Stock 27063.00 (Ii 01 0.00 D Explanation of Responses: ( I) On 9/20/06, the Reporting Person entered into a forward contract pursuant to the CAP Plan with The Bear Steams Companies Inc. (BSC) in which the Reporting Person agreed to sell up to, and including, 27,063 common shares of BSC issuable upon settlement of CAP Units pursuant to the CAP Plan to BSC. The forward contract is subject to BSCs satisfaction of certain performance goals for the nine months ended 8/31/06. The forward contract will settle on 11/30/06. The per share price will be the average of the Daily Volume Weighted Average Prices of the common stock on each day that it trades between $122 and $152 during the period 9/5/06 thrugh 11/29/06 (Included Days). The number of shares purchased pursuant to the forward contract will be a fraction, the numerator of which is the number of Included Days and the denominator of which is the number of days the NYSE opens for trading between 9/5/06 and 11/29/06, multiplied by 27,063. Reporting Owners I Reporting Owner Name / Address Relationships IDirecto110% OwnelOfficelOtherl EFTA00317008
GREENBERG ALQRSIP 1:08-CV 279 GO BEAR, STEARNS & CO. INCJ I X RWS Cocurrent 02 Filed 02/27/09 Page 296 of 347 383 MADISON AVENUE NEW YORK, NY 10179 Signatures /s/ Greenberg, Alan C. 9/20/2006 •• Signature of Reporting Person Dale Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. • If the form is filed by more than one reporting person, see Instruction 4(b)(v). ▪ Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. EFTA00317009
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27709 Page 297 of 347 SEC Form 4 FORM 4 Omsk Ms Isar dnalonger sulisecl to 0 Settee 16. Forma a Form 5 oblimeons may menu,. See WIWI:010* UNITED STATES SECURITIES AND EXCHANGE COMMISSION washnson. O.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 18(a) el the Se:teases Exchange Ad of 1934, Section 17(a) of the Public Utility Hokin; Company Ad of 1936 or Seidman 30(h) of the Investment Company Ad of 1940 OIAB APPROVAL OMB Hurnlartr: Expires Estimated average Widen notes per retionse 32350287 February 28. 2011 0.5 I. Name and Ad:tress el Regaling Person' GREENBERG ALAN C 2 Issuer Name and Ticker or Tradrg Symbol BEAR STEARNS COMPANIES INC 1 BSC I 5. Relaticennp of Reporting Person(s) to 1SSUer (Check anappwatoe) X Director 10% Owner Officer (give tele Other (specify below) below) IWO fliral) (Middle) CIO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Deb el Earliest Transaction (MardhtayNear) I1/3012006 4. II Amendment. Dale of Onginal filed (Mordh;Dayffear) 6. Indmdual or JointoGroup Fling (Check Applicable Line) X Fenn filed by One Reporting Person Font Med by More than One Reporting Person (Street) NEW YORK NY I u I -9 (City) (Stale) flip , Table I' Non-Derivative Securities Acquired. Disposed ol. or Beneficially Owned 1. Title of Security (Instr. 3) . Transaction Dale MorithDayrlearl 2A. Deemed Exertnion Date, If enT paceshOarlserl S. Trmeaction Code Orme. 4) 4. Seconds, Acquired IA) or Onetier/ Cri (DI (Instr. 3.4 and 0) 5. Amount el Seciaties Beneficially Owned Following Reported Transadionts) Pau.] and iii S. Owners.* Form: Direct (0) or Indirect (I) Omar. 41 7. Nature ol Indirect Reorient Owns, she (Inner. In Cede V AmeuM Ml or OM hen Common Stock I 1/30/2(8)6 M . I i 21.295 A SO 36.295 I) Common Stock I I /30/2(X)6 j i : . 21.295 D $143.48 1.5.(X)0 D Table la • Derivative Securities Acq ired. Disposed ol. or Beneficially Owned (e.g.. puts. calls. warrants options. convertible securities) 1. Vale or Deelvalivo Security (Wt. 3) 2. Corworsion or ExerCiSe Price of Derivative Security 3. Transaction Date DAOMADay'rear) 3.4. Deemed Execution MM. It any (1.5anthOesarta4 I. Transaction Corte Mot. 8) 5. Humber a Derivative Sec Mies AeQuireCi IM r Die owl of( ) Omen 3.1 and 5) 6. Date Evercisobte ir2d Expliatlan Date plIoninDay.Teart 7. Tine and Amount a Snowless Undenyiro 000Valve Security Oren. 3 and 4) 8. Price of Deelvalivo Security (Instr. 5) 9. Bunter el dtelvative Saturnia., Beneficially Craned Fellowang Reported Transaction (s) Ong, 4) 10. Ownership Form: Meet (D) or Weird VI Onstr.4) II. Naive of Indirect Beneficial Ownership finial. It Code V (A) (0) Data IhmecIsabas Expitetice Dale Tile Anew et Number el Mates CAP Claes i2iMili 11/30I2006 21.295 II/30/2006 11/30/3006 Common &cis 21.295 so 3.769 I) Explanation of Responses: • rd difinhation of ‘omtenn flock to Benson Prism pxmaM to CAP PLe.exemix waki Rule 106.3. 1. on 9.Q11.1:6 Kci:),(r.( Paws entered itea a forward rtneurci pursuant to the CAP Plan with The Bear Steals. Coinpunim lac. (BSC) m which the itcparunc Pena. aw red to ,II up ro. and midis:bog. 27.063 common stain of BSC tunable urea wider:tem of CAP Units coMmuM lode CAP Pb,, to BSC. The tons aid coestaa fettled on I I/301)6 tte II/Monfi. die Reµvung Minn dein fled to BSC 21.295 common >ham of BSC irk xettletners of in ohlgatam arida the km aid Conlin:I al a puoltata Once of 5143 4715 per shire 3 This rye of denrainie security typically dots act hare • comenion or exercise price Remarks: /a/Greenberg, Alan C. 11/302006 Signaiure of Reportirq Person Dale Reminds.: Report on a separate Inc lot each class ol securities tan:tidally owned d ecty or indrecthy. • If the loon is hied by more than one reportng person. see Instruction 4 (b)(v). " Intentional rnestaterneras or omissions ol tads constaute Federal Ginn& Violations See 18 U.S.C. 1001 and 15 U.S.C. 780(a). Note: File three copies of this Form. one ol wlich must be manually signed. II space is insufficient. see Instruction 6 for procedure. Persons who respond to the collection of Information contained in this form are not required to respond unless the form displays a currently valid OMB Number. http://www.sec.gov/Archives/edgar/data/777001/000077700106000110/xs1F345X02Jgre4... 10/29/2008 EFTA00317010
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 298 of 347 SEC Form 4 FORM 4 Check Ibis box y no longer subject te 0 Section It Forma*: Forme cabin/inns may continue See intavvion lib) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington. D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act el 1934. Section 17(a) of the Pubic Sify Holding Company Ad of 1935 or Section 30(h) el the Irwestrooni Company Act el 1940 OMB APPROVAL 01.1BNmnber. 3235.0207 Foeruary 28. 2011 Stomata] moms° burden hours ph mums, 0.5 1. Name and Address of Repent° Person. GREENBERG ALAN C 2. mutt Name and licher or Trading Symbol BEAR STEARNS COMPANIES INC 5. Relationship of Reptebng Persoys) to Issuer (Check ail appitabe) X Mercier 10% &onto Officer (give title Other (Weedy below) below) 1 BSC ] 0.830 (Fast) (Middle) CO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE 3. Dale of Eadiesi Transaction (Lionh'Daynear) 12/18/2006 4. If Amendment. Date of Original Filed (MonthiDaylVearl 8. Ind vicbat or dOirlI/GIOup Filing (Check Applicable Line) X Form filed by One Reporting Person Form Ned by More than One Reperbng Person (Sweet/ NEW YORK NY 10179 (aty) (Slate) (lel Table I • Non-Derivative Securities Acquired. Di posed of. or Beneficially Owned 1. Tble of Security (Inset 3) 2. Transaction Date OfOnthtsyllear) 211 Deemed Execution Dale. • an,' (IgonthOWEITettr) 1. Trance Ion Code (Mee. 4) 4. Securities Acquired (A) Cr Difoosed Of 0:00nW. 3. 4 and 5) 5. Amount of Starrilies Brineirciety Owned Following Reported Transactlon(el (Instr. 3 end 4) O. Ownership Form: Direct (0) or Indirect 0) finstr. 4) T. Nature of Indirect Beneficial Owners,* jinni. di D000 V Norown (A) c. Bill Price Common Stock 12/18/2006 )4 5.768 A $0 20.768 I) Common Stock 12/18/2006 n 5,768 D $164.68 15000 I) Table U • Derivative Se urn' a Aug fired. Disposed e . or Beneficially Owned (e.g.. puts. ea 5. warrant options. convert ble securities) 1. Title col Dental.* Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (ionneDarYear) 3a. Deemed Execution Dote. If any DA oruhtarfeer) 4. Transaction Cede Omni. 8) 5. Number of Derivative Securities Acquired IA) r Disposed of ( / (Instr. 3.4 and 5) 4. Date Exercise-0W and Expiration Date (MontiaDayleen I. tor and Amount of Securities Undertyinfl Derivative Security (In.. 3 and 4) Il. Price of Derivative Seemly (Ioy. S) 9. Number of dedvalive Securities Beneficially Owned Following Reported Transaction Is/Drat, 4) 10 Ownership Form: Direct ID) or Indeed, (i) (Instr. 4) II. Nature of Infante. Beneficial Ownership (Instr. II Coda V IA) (DI Dale Exercisable Expiration Dane Title Amount or Mamba el Shares CAP Units (20)1 p !Zit/4006 NI 3.76$ i U3182006 I U.10/21)06 Common Sal - 76K 5.767 - gi ti Explanation el Responses: I. Seidman, 4 ('Al' Coin nJ dearibtmon of common strut to Reponing P non puntrant to CAP Plan: cumin under Rule tab.) 2 Thu type of &fibulae be may oprrally don cam have a cinnamon or Marl% Imre Remarks: /s/ Greenberg, Alan C. 12/19/2006 " Signature of Reporting Person Dale Reminder: ROW on a separate line lor each class el :acidifies beneficially ownaddreety or ' e the lam is lied by more than one regency person. sae Instniction 4 (b)(v). Intentional missiaiemerds or omissions el facts eonsiiiuie Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 7811(a). Note: File threeet:pies of its Form. one el which mini be manually signed. If space is insufficient. see instruciico B ler procedure. Persons who respond to the collection of Ion onnation contained in this term are not tequired to respond unless the lam displays a currently valid OMB Number. hap://www.sec.gov/Archives/edgar/data/777001/000077700106000131/xs1F345X02Jgre4... 10/29/2008 EFTA00317011
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27/09 Page 299 of 347 SEC Form 4 FORM 4 Check Ms Isar ii re longer stead to 0 Settee It Forma a Form 5 ctriptions may cecina,. See Paulen igti. UNITED STATES SECURITIES AND EXCHANGE COMMISSION washnoon. O.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securees Exchange Ad ol 1934. Section 17(a) of the Public Utility Holdng Company Ad of 1935 or Section 313th) of the Investment Company Acl ol 1940 OMB APPROVAL OMB Humber Enures 32350287 February 28. 2011 EMMY*: average bunion hove per rety:Calle 05 • 1. Name and Address of Reporting Pastel GREENBERG ALAN C a Issuer Name and Tidier or Tradrg Symbol BEAR STEARNS COMPANIES INC 5. Reblienshp of Reporting Perme(.) to Issuer (Check all applicable) X Diced°, 10% Orme, Oflicer (pve tille Other (specify below) below) 3. i BSC I 9-M) (11r51) (Mittel.) OO BEAR. STEARNS & CO. INC. 383 MADISON AVENUE Dale el Earlied Transaction (Mordh'Dayffear) 12/20/2006 O. II Amendmenl. Dale of Onginal Filed (MordlYDayNear) 6. Indmdual of JointlGroup Fling (Check Applicable Line) X Form filed by One Reporting Person Form filed by More Than One Reporting Person (Sleet) NEW YORK NY 10179 (Oily) (Stale) 129) Table I • Non-Derivative Securities Acquired. Disposed rotor Beneficially Owned 1. Title of Security (Instr. 3) 8. Transaction Date (hiceshtiayTear) 2k bierned Execution Date. Reny Ilienthearymo 3. Transaction Cod* (Inn. 4) 4. Seeming' Acquired (Al or Disposed Of (0)(Insti. 3.4 and 5) 5. Amount of Seemlier' tieneticialfy Owned F IN Mg O. Orminhip Form. Owed (Dior Indirect ii) (Instr. 4) 7. Hanna of Indirect Berwricial Ownership Omar. 4I Code V aflame IA) 4. ID) Price Reported Transoction(sl (MS. 3 and 4) Table II • Derivative Securities Acq tied. Disposed o or Beneficially Owned (0 9.. puts. calls. warrants options. onvertible securities) I. TIM of Derivative Security I nt*. SI 2. Conversion or Exercise Price of Derivative SecvnlY S. Transaction Date PlontioDayTearl 3/1 Deemed Execution Date. irony (Montivtiarnrer) t Transaction Code (Ms.. I) 5. Number at Derivative SemMies Acquired IA) or Cliwomel of (D) tins.. 3 4 and 5) 6. Dale Escacisataa and E.Witallan Dart plonthDayNearl 7. Title and Amount of Sommties tinderirng Derivative Seemly (Instr. 3 and et O. Price of Derivative Security (nstr. 5) 9. !knew of *denim Securities Sentricialty Owned Follomeg Reported Transaction 1st Unite. A) 10. Ownership Form: Cored (0) ye Indirect (I (Mete) If. Hamm of Indirect Rerwricial Owners's', tinter. ei Code V IA) ID) Date Exercisable Expiration Data Duo Amours' or Number of snares CAP tinny (2006) „ , 1:::11,7.0 • V.. A 46.047 II/AV:Olt I ILIte:II I I Common Stoci. 46.047 SO Erre .neat „p en ,,, Site i1 i z,:i wzr rt. A 12/XV2009 12/212016 Common Stock 18.789 SO 18.789 I) 18.789 Explanation of Responses: This Inv a denbainv so. nn tynnally dots not haw a eonsemmn at men be pore 2, Deferral of mrnensmon and credo ro Repxung Peones Account on of 12/2DIM punuani to the Issues Capital Aom Remarks: hymn Plan Inn Senior Managing Damon (CAP Han): exempt under Rule 16b. /s/ Greenberg, Alan C. 12/21/2006 Signature el Reporting Person Dale Rennder: Reporl on a senora,* Ine for each class of securibes beneficially owned drectijr of indinectly. • If the form is filed by more Than one reportng person. see Instruclien 4 (a)(v). " Intenbonal misstatements or omissions ol tans oanstaute Federal Criminal Velations See 18 U.S.C. 1001 and IS U.S.C. 780(a). Note: File three copies ol this Form. ore ol wlich must be manually signed. II space is insulficienl. see 'retraction 6 for procedure. Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. http://www.see.gov/Archives/edgaddata/777001/000077700106000141/xs1F345X02/gre4... 10/30/2008 EFTA00317012
SEC FORM 4 Page I of I Case 1:08-cv-02793-RWS Document 102 Filed 02/27709 Page 300 of 347 SEC Fonn 4 FORM 4 CluickMD em II no longer subicci la p Section le Form 4 ow Com 5 eiRgalcas may whim, See iretruction 1(b). UNITED STATES SECURITIES AND EXCHANGE COMMISSION washinom. 0.0. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section lee) of the Sociales Exchange Act of 1924. Section 17(e) 01 the Pudic elle Hotting Company AC1 01 1935 or Section 3096 of Me investment COmpany Act of 1940 OSAS APPROVAL OMB Shrew Lower federated average Peen foss per nuclease IBM-6,287 rebury* 201I OS 1. Name and Address of Reporting Person. pRFPNIRFRG ALAN C 2. Issuer Name and Ticker or Trading Syrrbol BEAR STEARNS COMPANIES INC 5. Relationship of Reporting Personrst to Issuer (Check all apiSicabki) X 011OCIor ID% 0AnOr Onicer (give tab Other (specify below) below) i BSC I (Last) Firth (Istiddle) C/O BEAR. STEARNS 8 CO. INC. 383 MADISON AVENUE 3. Date of Earliest Transaction (MongsDay4Yeer) 01/03/2007 4.11AmenOment. Dale of Ongnal Seed tMonftstayNeaq 6. Intiviguel orJoIntthroup Fling (Check AptYlcabl0 Linel X Form libelby One Reporting Person Form mod by More Stan One Reporting RerSCon (Street) NEW YORK NY 10179 (CO) (Slate) RIO Table 1- Non•Derlvative Securities Acquired. Disposed of. or Beneficially Owned 1. TM* el Security (Instr. 3) 2. Transaction Dare (MentliDayrYeari 2A. Deemed Execution Data. it any IMpillYDayeswO 3. Transaction Code finny. a) 4. Seen*, Moulted (A) or Disposed 0 (0) (instr. 3.4 and 5) S. Amount of SecuMies Beneficially Owned FoNowine Reported Donsoclionm lean. 3 ands) 6. Ownership Form: Direct (Di or indirect (q (Instr. 4) 7. Nature of Indirect Beneficial *wonder, (Neb. 4) Code V Amara IA) or ID) Rite Common Stock 01/03/2007 Mr 150.396 A 573.75 165.396 I) Common Stock 01/0312007 3 150.396 D 3163.11 15.000 I Table N Derivative &mulles Acq Ned. DItipOtied I. Of Benetklatly Owned (e.g.. puts. calls, warrants options. conver 'Ole se urines) I. Title of Dorhallwr Security (Instr. 3) 2. Conversion or Exercise Proof Derivative Security 3. Transaction Data (filorithDayllear) 3A. Deemed Execution Date. II any (MonthDaylear) 4. Transaction Coda Dna:. 8) S. Number of Derivative Setter:its Acquired IA) or noosed (0) NNW. 3.4 and SI 6. Date Exercisable and Expiration Date (fibenthDayNear) 7. Title and Ammon of Securities Underlying Derivative Security Own- 3 and 4) S. erica of Donvative Socially Onsb. 5) 9. Number of derivative Secuntres Beneficially Owned Following Reported TrOnSOCIlen (S) (Ingo. 4) le Ownership Form; Direct (I)) or Indirect 0) entir. 4) 11.Na:we of Melted Banenclal Owinerld6P limb. 4) Code V (A) (DI Dale thercluNe Ecoirstien Date late Amount Ce Number or Shame Eme &oft: Oplion (Right to a, , 6)3.75 01/03/2007 ‘t 00.396 12/IS/2006 I VIS/20I3 Common Stack 150.396 So 0 D Melinition of Responses: I liwic to re Emplin re Sat k Optima Rrybr,.• Remarks: 'I. to Rerun as Pei.on pancint lu ts sex. Sisk, wad Pls . exempt under Risk 161..3. Is/ Greenberg. Alan C. 0104/2007 &ensue or Repotting Person Date Remolds, Report on a separate Ina for each class 01 SeCUres leneficety owned Erectly Of VICIWAY. • if the form is filed by more than ore reefing person. see Instruction 4 MHO. • mtenfisnat misstatements or omissions 0l tans constitute Federal Criminal Violations See 18 V.B.C. loot and IS V.B.C. Note' FIN three COOleS 01 thiS Form, one of whrh roust be manually signori If specs is instances see tnstmction 6 tot rooedure. Persons *to respond 10 the collection of Information contained In this form are not requited to respond unless the lawn oispitays a currently valid OW Number. http://www.sec.gov/Archives/edgar/data/777001/000077700107000002/xs1F345X02Jgre4... 10/30/2008 EFTA00317013


























