Showing posts with label Thick as Thieves. Show all posts
Showing posts with label Thick as Thieves. Show all posts

Tuesday, January 18, 2011

Georgia's Crooks

Former Integrity Bank executives plead guilty to federal charges

The Atlanta Journal-Constitution

6:53 p.m. Tuesday, July 6, 2010

Two former bank officers of the failed Integrity Bank pleaded guilty to various charges in federal court Tuesday in a fraud scheme authorities say led to the Alpharetta institution's collapse.

Douglas Ballard, 4o, and an executive vice president at Integrity, pleaded guilty to one count of conspiracy to commit bank fraud and bribery and one count of tax evasion.

Joseph Todd Foster, 42, and executive vice president of risk management, pleaded guilty to securities fraud for dumping 30,000 shares of his Integrity shares when he learned the bank didn't have enough liquid security to cover a $20 million loan to its largest borrower.

The guilty pleas come two months after the two Atlanta men were indicted on those charges, stemming from a series of loans made to that borrower, a Florida hotel developer.

That developer, Guy Mitchell, 50, of Coral Gables, Fla., previously pleaded not guilty and is awaiting trial.

Founded in 200o with a faith-based focus, Integrity had more than $1 billion in assets when it failed in August 2008.

Allison Dawson, Foster's federal defender, said he was not involved in any bank fraud and received no bribes.

She said he raised concerns about potential problems with loans the bank already made to Mitchell and suggested Integrity not extend additional credit to him. "But they didn't listen to him and approved a $20 million loan to Mitchell in August 2006," Dawson said. "In an effort to protect himself, he sold his own shares."

Ballard's attorney, Aaron M. Danzig, declined comment Tuesday.

Sentencing dates have not been set, and according to the plea agreements, both Ballard and Foster are cooperating with federal officials in theirinvestigations.

“Any time you have a criminal indictment arising out of the banking environment, that’s a significant event,” said Scott Sorrels, a partner in the banking practice with Sutherland Asbill & Brennan. “I don’t think this will be the end of it.”

Though illegal acts were likely the exception and not the rule for many of Georgia's 39 failed banks, the U.S. Attorney's Office is known to be looking into alleged impropriety at other failed banks.

Sorrels said the pleas suggest that “perhaps some of the backlog [in examining criminal cases] is clearing. They’ve been working on Integrity for a while. Now they can redeploy resources maybe to other institutions that haven’t gotten the same level of attention.”

Georgia's Crooks

Feds' suit targets state senator, other officials of failed bank

The Atlanta Journal-Constitution

7:45 p.m. Tuesday, January 18, 2011

Federal banking regulators on Tuesday accused eight former insiders of a failed Alpharetta bank -- including the new chairman of the state Senate Banking Committee -- of gross negligence and various breaches of their financial responsibilities.

In a lawsuit filed by the FDIC, state Sen. Jack S. Murphy, R-Cumming, is among former Integrity Bank executives or directors accused in relation to a series of loans made from 2005 to 2007. The FDIC seeks damages of “over $70 million.”

The civil suit is the third filed nationally, and the first in Georgia, by the FDIC against officers and directors of failed institutions as the agency begins seeking to recoup losses to its insurance fund caused by the failures.

The 56-page lawsuit, filed in an Atlanta federal court, describes an uninhibited lending warehouse with slipshod controls and a loan committee of directors and executives who badly botched their duties. Integrity failed in August 2008.

Murphy, who was on the bank’s board from 2000 to 2008, was named last week as chairman of the Senate Banking and Financial Institutions Committee.

Murphy said Tuesday he knew nothing of the suit until The Atlanta Journal-Constitution called him about it. He said he had no plans to step down as the banking committee chairman.

“I have served on the banking committee for eight years in the House and the Senate,” he said. The committee deals with legislation aimed at banking law in Georgia, he added, and “has absolutely nothing to do with the FDIC and their decisions.”

During Integrity’s steroidal growth in the early 2000s,the defendants “increased the Bank’s already high risk exposure by implementing policies and procedures void of the most basic prudent lending controls and neglecting to adequately supervise lending personnel,” the FDIC suit says.

Integrity had numerous loans in violation of state lending limits, and its own internal loan policy permitted loans larger than allowed by state law, the suit asserts.

Other defendants are: Steven M. Skow, former Integrity president and CEO; Clinton M. Day, a former bank chairman; former senior lender Douglas G. Ballard; and former directors Alan K. Arnold, Joseph J. Ernest, Donald C. Hartsfield and Gerald O. Reynolds.

Day, a real estate developer, former state senator and one-time Republican candidate for lieutenant governor, was on the Senate banking committee during his stint in the chamber in the 1990s.

The defendants, all at times members of the bank’s loan committee, “caused the bank to pursue an unsustainable growth strategy designed to exploit the then-expanding ‘bubble’ in the residential and commercial real estate market,” the FDIC suit says.

The other defendants could not be reached for comment Tuesday.

Georgia leads the nation in bank failures since mid-2008, with 52. Integrity was among the first and largest. Its collapse cost the FDIC an estimated $211 million. Two former bank officers have pleaded guilty to federal criminal charges.

The suit is the first of an expected wave of litigation and civil penalties against insiders of some failed Georgia banks where the FDIC believes malfeasance, not simple mismanagement, was involved.

Murphy said he and other bank board members met with FDIC officials before he resigned in late 2008 as the bank crisis hit, and that the FDIC indicated to them that the board had acted responsibly.

Murphy said he had a personal stake in the bank and wanted it to prosper. He owned 340,000 share of Integrity stock, which at one time was worth about $6.5 million dollars, he said.

“All of that went away, and lot of my retirement,” Murphy said.

The FDIC brought the suit in relation to 21 individual loans that caused more than $70 million in losses to the bank. Among them were several soured loans to Atlanta real estate developer Lee Najjar, reportedly the “Big Poppa” of “Real Housewives of Atlanta” fame for his association with Kim Zolciak.

Integrity, which touted itself as a faith-based company and featured copies of the Ten Commandments in its branches, was founded in 2000. Over the next seven years its loan book mushroomed from $5.6 million to $900 million.

Like many banks that ran into trouble, Integrity profited on the northern metro’s once white-hot housing market. But it also made bets in real estate markets like Florida, South Carolina and California. Out-of-territory lending can be troublesome for small banks that don’t have a presence on the ground to make sure developers are meeting their goals.

The bank made profits of $23.2 million from 2004 to 2006.

The lawsuit describes inherent conflicts of interest at Integrity, with no senior officers minding the store. Lower level loan officers were responsible for both producing loans as well as quality control, and the senior lender and other loan officers were compensated by volume of loans made, not quality and performance.

As senior lender, Ballard was paid 10 percent of the fee income generated by the bank’s loan officers on top of his annual salary, the lawsuit notes. He made nearly $850,000 in total compensation 2007, according to SEC filings.

Ballard has already pleaded guilty to criminal charges of conspiracy to commit bank fraud, bribery and tax evasion, in connection to a borrower who funneled money, allegedly with Ballard’s help in return for kickbacks, into his private account to purchase such things as a private island in the Bahamas. Another bank officer pleaded guilty to insider trading for dumping shares when he learned of the allegations. Both Integrity executives await sentencing; the case against the borrower is pending.

Those cases are separate from the FDIC’s civil suit, which seeks to collect damages from the eight defendants.

Loans to Najjar and Paul D’Agnese, two of the bank’s biggest borrowers, were tens of millions above statutory lending limits, the FDIC suit asserts. Neither borrower is a defendant in the case. Najjar, for instance, had loans totaling $60.7 million with Integrity, more than two and a half times Integrity’s statutory cap.

The loans resulted in more than $12 millions in losses to the bank.

The bank also masked losses on development loans by using “interest reserves,” the suit claims. The reserves are pools of cash provided by the bank to pay itself the interest developers owed. The practice ultimately made loans that weren’t being paid look as though they were.

The suit says directors acknowledged rising loan delinquencies as early as 2005, but instead of heeding warning signs of a housing market slump and “repeated regulator warnings, instead continued to increase the volume of speculative lending.”

The suit said by the time the defendants received the bank’s 2007 regulatory review, “the die was cast for the ultimate collapse of Integrity. Only then did the Defendants begin to implement the corrective measures urged for years by regulators and auditors.”

Murphy was named to the Senate banking panel by the newly formed Senate Committee on Assignments. One member, Sen. Chip Rogers, R-Woostock, said Tuesday he will reserve judgment.

“These are allegations and anybody can allege anything in a lawsuit.. . . I don’t take allegations as worth anything more than the paper they are printed on.”

Senate President Pro Tem Tommie Williams, R-Lyons, also a member of the Committee on Assignments, said Murphy asked to be appointed as chairman of either the banking panel or the Insurance and Labor Committee. Williams said he knew Murphy had worked with the failed bank but had no idea further trouble was brewing.

Williams said the fact that Murphy had been a board member at a failed bank was not enough to disqualify him from heading the committee.

“How many banks have failed in Georgia?” Williams asked.

Contributing: Arielle Kass and Rachel Tobin

Friday, July 23, 2010

City Council Member makes $800K per year

How a city manager of a small, poor CA town made $787K

Not a good year for Bell city manager Robert Rizzo. In March, he was arrested

on suspicion of drunken driving. Last week, the Times reported he makes $787K a year. (Courtesy of AP)

The number defies logic. Yet there it is, in the LA Times, for all the world to see: 787,637. That's the annual salary for Robert Rizzo. He's not a lawyer or a corporate exec. According to a the Times, he's the city administrator for Bell, one of the poorest towns in Los Angeles County (map).

Rizzo isn't the only one with a big fat paycheck. Two other Bell employees are pulling in astronomical incomes. Assistant City Manager Angela Spaccia makes $376,288 and Police Chief Randy Adams makes $457,000.

To put things in perspective, the Times listed the annual salaries of other public servants who have to run bigger places like Los Angeles, California and, oh, the United States. Here's a rundown of salaries:

Bell Chief Administrative officer Robert Rizzo: $787,637
-- Los Angeles City Administrative Officer Miguel Santana: $256,803
-- Gov. Arnold Schwarzenegger: $173,987 (Schwarzenegger has declined to take his salary)
-- President Barack Obama: $400,000

Bell Police Chief Randy Adams, $457,000
(Oversees a department with 46 personnel; 33 are sworn officers)
-- Los Angeles Police Chief Charlie Beck $307,000
(Oversees 12,899 personnel; 9,959 are sworn officers)


Bell resident Eddie Delgado, 16, shows off his "corruption" tee. (Courtesy of AP)

If these figures aren't enough to make you choke on your Cheerios this morning, Rizzo's response might. In response to the scandal, Rizzo, who received his bachelor's from UC Berkeley and his master's from Cal State East Bay, told the Times:

"If that's a number people choke on, maybe I'm in the wrong business. I could go into private business and make that money. This council has compensated me for the job I've done."

The City Council has compensated themselves well, too, thanks to a ballot initiative. In 2005, California approved a law that placed salary caps for council members in "general law cities." That same year, Bell leaders approved a special election (which, by the way, cost $40,000 to $60,000) with one ballot item that would give Bell charter status, according to today's Time story. The measure passed, allowing council members to earn huge wages for serving on boards and commissions. Council members make $7,873.25 each month -- for part-time work. They also approved a contract that gave Rizzo an annual raise of 12%.

The rise of Rizzo's salary.
1993: $72,000
2004: 300,000
2005: $442,000
Current: $787,637

The fallout has been swift and fierce. Since the story ran last week, the county D.A.'s office and the state are opening investigations, while Rizzo, Spaccia and Adams are quitting. And while they won't get severance packages, Rizzo is entitled to a state pension of $650,000 a year for life.

Cue the choking.


Tuesday, October 20, 2009

Obama Not Listening to Volker

Volcker’s Voice Fails to Sell a Bank Strategy

Published: October 20, 2009

Listen to a top economist in the Obama administration describe Paul A. Volcker, the former Federal Reserve chairman who endorsed Mr. Obama early in his election campaign and who stood by his side during the financial crisis.

Skip to next paragraph
Mannie Garcia/Bloomberg News

Paul A. Volcker, second from left, in a meeting in May at the White House with President Obama and his economic advisory board.

Related

Times Topics: Paul A. Volcker

“The guy’s a giant, he’s a genius, he is a great human being,” said Austan D. Goolsbee, counselor to Mr. Obama since their Chicago days. “Whenever he has advice, the administration is very interested.”

Well, not lately. The aging Mr. Volcker (he is 82) has some advice, deeply felt. He has been offering it in speeches and Congressional testimony, and repeating it to those around the president, most of them young enough to be his children.

He wants the nation’s banks to be prohibited from owning and trading risky securities, the very practice that got the biggest ones into deep trouble in 2008. And the administration is saying no, it will not separate commercial banking from investment operations.

“I am not pounding the desk all the time, but I am making my point,” Mr. Volcker said in one of his infrequent on-the-record interviews. “I have talked to some senators who asked me to talk to them, and if people want to talk to me, I talk to them. But I am not going around knocking on doors.”

Still, he does head the president’s Economic Recovery Advisory Board, which makes him the administration’s most prominent outside economic adviser. As Fed chairman from 1979 to 1987, he helped the country weather more than one crisis. And in the campaign last year, he appeared occasionally with Mr. Obama, including a town hall meeting in Florida last fall. His towering presence (he is 6-foot-8) offered reassurance that the candidate’s economic policies, in the midst of a crisis, were trustworthy.

More subtly, Mr. Obama has in Mr. Volcker an adviser perceived as standing apart from Wall Street, and critical of its ways, some administration officials say, while Timothy F. Geithner, the Treasury secretary, and Lawrence H. Summers, chief of the National Economic Council, are seen, rightly or wrongly, as more sympathetic to the concerns of investment bankers.

For all these reasons, Mr. Volcker’s approach to financial regulation cannot be just brushed off — and Mr. Goolsbee, speaking for the administration, is careful not to do so. “We have discussed these issues with Paul Volcker extensively,” he said.

Mr. Volcker’s proposal would roll back the nation’s commercial banks to an earlier era, when they were restricted to commercial banking and prohibited from engaging in risky Wall Street activities.

The Obama team, in contrast, would let the giants survive, but would regulate them extensively, so they could not get themselves and the nation into trouble again. While the administration’s proposal languishes, giants like Goldman Sachs have re-engaged in old trading practices, once again earning big profits and planning big bonuses.

Mr. Volcker argues that regulation by itself will not work. Sooner or later, the giants, in pursuit of profits, will get into trouble. The administration should accept this and shield commercial banking from Wall Street’s wild ways.

“The banks are there to serve the public,” Mr. Volcker said, “and that is what they should concentrate on. These other activities create conflicts of interest. They create risks, and if you try to control the risks with supervision, that just creates friction and difficulties” and ultimately fails.

The only viable solution, in the Volcker view, is to break up the giants. JPMorgan Chase would have to give up the trading operations acquired from Bear Stearns. Bank of America and Merrill Lynch would go back to being separate companies. Goldman Sachs could no longer be a bank holding company. It’s a tall order, and to achieve it Congress would have to enact a modern-day version of the 1933 Glass-Steagall Act, which mandated separation.

Glass-Steagall was watered down over the years and finally revoked in 1999. In the Volcker resurrection, commercial banks would take deposits, manage the nation’s payments system, make standard loans and even trade securities for their customers — just not for themselves. The government, in return, would rescue banks that fail.

On the other side of the wall, investment houses would be free to buy and sell securities for their own accounts, borrowing to leverage these trades and thus multiplying the profits, and the risks.

Being separated from banks, the investment houses would no longer have access to federally insured deposits to finance this trading. If one failed, the government would supervise an orderly liquidation. None would be too big to fail — a designation that could arise for a handful of institutions under the administration’s proposal.

“People say I’m old-fashioned and banks can no longer be separated from nonbank activity,” Mr. Volcker said, acknowledging criticism that he is nostalgic for an earlier era. “That argument,” he added ruefully, “brought us to where we are today.”

He may not be alone in his proposal, but he is nearly so. Most economists and policy makers argue that a global economy requires that America have big financial institutions to compete against others in Europe and Asia. An administration spokesman says the Obama proposal for reform would result in financial institutions that could fail without damaging the system.

Still, a handful side with Mr. Volcker, among them Joseph E. Stiglitz, a Nobel laureate in economics at Columbia and a former official in the Clinton administration. “We would have a cleaner, safer banking system,” Mr. Stiglitz said, adding that while he endorses Mr. Volcker’s proposal, the former Fed chairman is nevertheless embarked on a quixotic journey.

Alan Greenspan, the only other former Fed chairman still living, favored the repeal of Glass-Steagall a decade ago and, unlike Mr. Volcker, would not bring it back now. He declined to be interviewed for this article, but in response to e-mailed questions he cited two recent public statements in which he suggested that the nation’s largest financial institutions become smaller, so that none would be too big to fail, requiring a federal rescue.

Taking issue implicitly with the Volcker proposal to split commercial and investment banking, he has said: “No form of economic organization can fully contain bouts of destructive speculative euphoria.”

For his part, Mr. Volcker is careful to explain that he supports 80 percent of the administration’s detailed plan for financial regulation, including much higher capital requirements and “guidelines” on pay. Wall Street compensation, he said in a recent television interview, “has gotten grotesquely large.”

Before the credit crisis, the big institutions earned most of their profits from proprietary trading, and those profits led to giant bonuses. Mr. Volcker argues that splitting commercial and investment banking would put a damper on both pay and risky trading practices.

His disagreement with the Obama people on whether to restore some version of Glass-Steagall appears to have contributed to published reports that his influence in the administration is fading and that he is rarely if ever in the small Washington office assigned to him.

He operates from his own offices in New York, communicating with administration officials and other members of the advisory board mainly by telephone. (He does not use e-mail, although his support staff does.) He travels infrequently to Washington, he says, and when he does, the visits are too short to bother with the office. The advisory board has been asked to study, amid other issues, the tax law on corporate profits earned overseas, hardly a headline concern.

So Mr. Volcker scoffs at the reports that he is losing clout. “I did not have influence to start with,” he said.

Sunday, August 9, 2009

Bank Bonuses $33 Billion

Nine banks that received government aid money paid out bonuses of nearly $33 billion last year -- including more than $1 million apiece to nearly 5,000 employees -- despite huge losses that plunged the U.S. into economic turmoil.

The Millionaire's Club

Top employees at nine big U.S. banks that received government aid shared a bonus pool of $32.6 billion. A breakdown of those receiving more than $1 million each.

The data, released Thursday by New York Attorney General Andrew Cuomo, provide a rare window into the pay culture of Wall Street, where top employees typically make 90% or more of their compensation in year-end bonuses.

The $32.6 billion in bonuses is one-third larger than California's budget deficit. Six of the nine banks paid out more in bonuses than they received in profit. One in every 270 employees at the banks received more than $1 million.

Overall compensation and benefits at the nine banks fell 11%, to $133.5 billion in 2008 from $149.3 billion in 2007, the Cuomo report said. But with net revenues falling, the percentage of the firms' revenues dedicated to compensation rose to 45% last year from 41% in 2007.

The report reignites long-simmering anger, on Capitol Hill and beyond, over big Wall Street payouts. The nine firms in the report had combined 2008 losses of nearly $100 billion. That helped push the financial system to the brink, leading the government to inject $175 billion into the firms through its Troubled Asset Relief Program.

The chairman of the U.S. House investigative panel, New York Democrat Edolphus Towns, called the pay figures "shocking and appalling" and announced a hearing into compensation practices at banks.

The White House was more muted. "The president continues to believe that the American people don't begrudge people making money for what they do as long as...we're not basically incentivizing wild risk-taking that somebody else picks up the tab for," said White House Spokesman Robert Gibbs.

Those on Wall Street argue they have to pay to keep talent. Often, bankers say, only a small group is responsible for losses and it is not fair to punish employees in other areas of the business. They say the compensation system will be difficult to change.

"These pay packages are pretty outrageous," said Michael Baldock, a partner at Stamford, Conn.-based boutique bank Ondra LLP, who has worked at a number of big investment banks. "But if you generate $10 million in revenue a year, another firm will always want that revenue and be willing to pay for it."

In releasing the report now, New York Attorney General Cuomo is vaulting ahead of federal efforts to assess and curb excessive pay. The office has been among the first to investigate and bring charges on several Wall Street abuses this decade.

The House of Representatives is preparing to vote as early as this week on a bill that would give shareholders nonbinding say on pay packages and give regulators more tools to prohibit risky pay practices at banks and other regulated financial firms. The Senate isn't expected to vote on the legislation until the fall.

The Obama administration, meanwhile, is preparing to vet pay at firms receiving "exceptional assistance" from the government. Institutions have until Aug. 13 to submit proposed compensation details for the 100 highest-paid employees at each. The Treasury Department's pay czar, Kenneth Feinberg, could push banks to renegotiate deals he sees as rewarding risky behavior or that are out of line with compensation at similar institutions.

Andrew Williams, a Treasury spokesman, said Mr. Cuomo's report "focuses on strengthening the link between pay and performance -- a goal that we share."

[Andrew Cuomo]

Andrew Cuomo

Mr. Cuomo said Thursday he hopes his report will prompt the financial firms themselves to significantly overhaul their pay system to reward long-term performance rather than short-term gains. His report didn't release names of individual bonus recipients because of privacy concerns.

"The banks say they pay for performance," Mr. Cuomo said of the data. "Yet in 2008 there was no performance and they still continued to pay out huge sums of money."

Wall Street has shown little sign of slowing down the pay train this year. Goldman Sachs Group Inc. and Morgan Stanley recently disclosed that they have set aside $11 billion and $6 billion in compensation and benefits, respectively, for their employees so far this year. Goldman's second quarter was among its best ever. Morgan Stanley lost money for its third straight quarter.

Goldman and Morgan Stanley declined to comment on the report.

Meanwhile, some big banks that received government bailouts, including Citigroup Inc. and Bank of America Corp., are offering handsome pay packages to lure stars. Citigroup -- which received about 25% of the aid going to the nine banks -- has the No. 1 pay recipient. Andrew Hall, who heads Citigroup's energy-trading unit Phibro LLC, received $98.9 million in 2008, according to a government official. Citigroup CEO Vikram Pandit, by comparison, received more than $38 million last year.

An early test for Mr. Feinberg will be the pay of Mr. Hall, whose profit-sharing contract with the bank could again entitle him to as much as $100 million, say people familiar with the matter.

James Forese, Citigroup co-head of global markets, cited Phibro's "consistent track record of profitability" and said its contracts directly align compensation with performance. "That said, we are sensitive to the need for a full review of compensation practices in our industry," he said. "We are evaluating the best way forward for stakeholders."

[Bank Bonus Tab: $33 Billion]

The group of nine's No. 2 bonus for last year, according to a government official, was the $39.4 million that went to Bank of America's Thomas Montag. In 2008, Mr. Montag was sales and trading chief at Merrill Lynch, which got crushed by billions of dollars in mortgage-related losses and was sold to Bank of America. Mr. Montag's pay package included stock grants, which since have fallen in value.

Bank of America said bonuses for Merrill Lynch were shared among 30,000 employees and Bank of America's figures cover more than 200,000 employees.

The study found that pay at the banks remained near previous levels despite revenue declines. Merrill's net revenue fell by $23 billion in 2008, leading to a huge net loss. The firm's pay and benefits dropped by $1.1 billion, or 7%, according to the study. At Citigroup, revenue fell by $28 billion, or 34%. Pay and benefits dropped $2 billion, or 6%.

Similarly, at Goldman and J.P. Morgan Chase & Co., pay fell less sharply than revenue in 2008. Both firms have paid back the government loans they received under TARP. J.P. Morgan declined to comment on the report.

Goldman, Morgan Stanley and Merrill, Wall Street's three largest securities firms in 2008, paid nearly $13 billion in bonuses last year, the report says. That was roughly one-third of their total pay and benefits of $38 billion, according to securities filings.

J.P. Morgan topped other banks in the number of employees receiving $1 million or more -- 1,626 out of its 224,961 employees. This figure includes bonus, salary and options; the numbers of other banks in the study includes bonuses only.

J.P. Morgan's top earner collected $29 million, more than James Dimon, the firm's chief executive, who got $19.7 million in total compensation last year.

Goldman paid the most per employee, about $160,000 each for more than 30,067 staffers. Some 212 Goldman bankers made $3 million or more. Goldman, which weathered the credit crisis better than most rivals and made $2.3 billion in 2008, produced the most revenue per employee, $77,228.

Goldman has said that no partner got a bonus of more than $222,500 in cash. The rest was paid in deferred stock, with an extra year of service required for any of it to vest.

Morgan Stanley had 428 employees who received bonuses of $1 million or more. In addition, 10 people received bonuses of $10 million or more, for a combined $146.8 million.

Wells Fargo & Co., Bank of New York Mellon Corp. and State Street Corp. round out the nine banks. Each declined to comment.

—Aaron Lucchetti, Daniel Fitzpatrick and Robin Sidel contributed to this article.

Write to Susanne Craig at susanne.craig@wsj.com and Deborah Solomon at deborah.solomon@wsj.com

Friday, August 7, 2009

Bank Bonuses

Bank Pay Outrageous, But Is That Recovery?

by Rick Ackerman on August 3, 2009 12:01 am GMT · 12 comments

Assuming Americans still have the capacity for outrage, they should be rioting in the streets following last week’s reports that nine big banks paid out $33 billion in bonuses in 2008. The Wall Street Journal put this travesty in perspective, noting that the bonuses were a third larger than California’s budget deficit. “Six of the nine banks paid out more in bonuses than they received in profit,” the Journal reported, and “one in every 270 employees at the banks - [a total of 5,000 employees] –received more than $1 million.”

lambo-small

Compare these princely sums to the relatively paltry numbers associated with the government’s “cash for clunkers” program, which provides a U.S. voucher of up to $4,500 for motorists trading old gas guzzlers for new vehicles. Cash-for-clunkers ate through $1 billion of funding last week in its first four days, prompting Capitol Hill to approve yet another $2 billion, presumably before things turned ugly on the dealers’ lots. Talk about bread and circuses! If the cash-for-clunkers giveaway enjoyed the kind of backing the banks received via TARP, thousands of Americans who don’t have two nickels to rub together would be driving Bentleys, Ferraris and Lamborghinis.

No Shame

Lest you think the banks are embarrassed by it all, it has been reported that Goldman Sachs, for one, is on course to pay $20 billion in bonuses in 2009 — an average of $700,000 for each and every employee. Over at Morgan Stanley, bonuses are up 30%, to an average $340,000; and at J.P. Morgan, the incentive pool for the first quarter alone has swelled by 175% to $3.3 billion.

These numbers came to light in a report issued by New York Attorney General Andrew Cuomo. Shortly thereafter, New York Rep. Edolphus Towers, chairman of the U.S. House investigative panel, pronounced the news “shocking and appalling.” He promised hearings into the matter, but we’re not holding our breath. At other times in history there would be scaffolds going up in the town centers, and kangaroo courts convened at midnight to condemn the offenders. Instead, we are being asked to believe the brazen falsehood that the banks are leading us out of recession. In fact, as a report issued recently by Matterhorn Management makes clear, “none of the problems in the banking system have been resolved. The system still has a leverage of 25-50 times, it is still full of toxic debt and derivatives, loan books are deteriorating daily, it still has worthless paper assets valued at fantasy prices and most banks are run by the same bankers who created the problems in the first place. For a typical bank, a 4% drop in asset value wipes out the equity. This is what we call a recipe for disaster.”

Thursday, June 4, 2009

Fix is in

Simon Johnson, former Chief Economist of the International Monetary Fund (IMF), has recently warned that the US political system is being dominated by a financial oligarchy, which is distorting economic policy in favour of the banking sector. ("The Quiet Coup")

And Dick Durban, the senior-most Democrat in the US Senate said last month in an interview: "And the banks - hard to believe in a time when we're facing a banking crisis that many of the banks created - are still the most powerful lobby on Capitol Hill. And they frankly own the place."

Not many people realise that the Federal Reserve is not a part of the US government but that it is a private bank and is owned by other US banks. Americans expect the Fed to work on their behalf but the reality is that the Fed is the most effective tool the banking industry has to serve its interests.

And finally with Goldman Sachs' alumni running the US Treasury (Hank Paulson, Tim Geithner, Neel Kashkari, Robert Rubin, to name a few), the primary focus of the rescue package has been to not only save the banking sector but use the crisis to transfer hundreds of billions of dollars from taxpayers to the banks.

Thus economy policy is not focused on saving Main Street, but on self-servingly helping Wall Street.


Acamar Journal

Thursday, April 30, 2009

John Thain insists BofA knew about bonus payments

April 27, 2009

John Thain, who was ousted from Merrill Lynch following its takeover, makes a series of explosive claims about BoA

John Thain, the Wall Street veteran who was ousted from Merrill Lynch following its takeover by Bank of America (BoA), has fired back at attempts to blame him for the investment bank's surprise loss and controversial bonus payments.

Mr Thain was asked to leave the company in January by Kenneth Lewis, BoA's chief executive, after the announcement of Merrill's $15.8 billion fourth-quarter loss. Days later, it was reported that $3.6 billion in bonuses were paid to Merrill's bankers in December, a month ahead of schedule.

BoA has since claimed that the decision to pay the bonuses early was made solely by Mr Thain. Mr Lewis told a Congressional committee in February that BoA urged Mr Thain not to make the payments but had "no authority" to stop them because Merrill was a separate company until the takeover closed in January.

Sources close to BoA also accused Mr Thain of having kept secret Merrill's mounting losses from Mr Lewis and of going on skiing holiday in December when the flood of red ink was emerging.

In an interview with the Wall Street Journal (WSJ) published today, Mr Thain talked at length about his ousting for the first time and made a series of explosive claims about BoA and Mr Lewis.

"Getting fired is one thing. But nobody has the right to say things that they know aren't true," he told the WSJ.

Mr Thain insisted that Mr Lewis knew that the bonus payments were being made ahead of schedule and agreed to them in writing. The WSJ reported that this claim was backed up by documents reviewed by the newspaper.

"The suggestion Bank of America was not heavily involved in this process, and that I alone made these decisions, is simply not true," Mr Thain said.

He added that several other BoA executives were on holiday at the same time as him, including Mr Lewis and Neil Cotty, BoA's chief accounting officer, who was at the time in the process of pouring over Merrill's books.

He said that about 200 BoA employees, including Mr Cotty, had moved into Merrill's offices soon after the takeover announcement in September. Dozens of workers were monitoring Merrill's financial situation on a daily basis, making it impossible for BoA not to have know about growing losses at the investment bank, Mr Thain said.

BoA told the WSJ that it "stands by statements it has made", with the bank's spokesman adding that BoA "believe that it is time to move on".

However, Mr Lewis is expected to face tough questioning from investors at the bank's annual general meeting on Wednesday.

In testimony to the New York Attorney General, who is investigating the bonus payments, released last week Mr Lewis said that BoA was forced to go through with the $50 billion takeover by the Federal Reserve and the US Treasury.

If he did not finalise the deal, he was told by Hank Paulson, the then-Treasury Secretary, that he would cause the financial system to collapse and that he and the BoA board would be removed.

Shareholders are furious that they were not told of Merrill's losses until after they had approved the takeover.

Friday, April 17, 2009

Obama Adviser Said to Be Tied to Pension Deal

April 17, 2009

The man leading the Obama administration’s efforts to restructure the auto industry has been described in Securities and Exchange Commission documents as having arranged for his investment firm to pay more than $1 million to obtain New York State pension business.

Although he is not named in the documents, a person with knowledge of the inquiry said the investment executive is Steven Rattner, co-founder of the Quadrangle Group, the prominent private equity firm.

The S.E.C. complaint, filed as part of an expansive state and federal investigation into corruption at the state pension fund, details the efforts of Quadrangle to gain business from the pension fund beginning in 2004.

The person who received most of the $1 million-plus payment has been indicted, accused of selling access to the fund.

There is no indication in the complaint that Mr. Rattner faces criminal or civil charges in connection with the inquiry.

Mr. Rattner did not respond to messages seeking comment. A Treasury Department spokeswoman did not address the allegations, but said in a statement, “During the transition, Mr. Rattner made us aware of the pending investigation.”

In a statement, Quadrangle said the firm is fully cooperating and has produced all documents sought by investigators.

“Our expectation is that no action will be taken,” the statement said.

The S.E.C. and the office of Attorney General Andrew M. Cuomo, jointly conducting the investigation, also declined to comment.

The inquiry has focused on the four-year tenure of the former comptroller Alan G. Hevesi, who resigned after pleading guilty to an unrelated felony in 2006.

Investigators are scrutinizing the fees paid by investment firms to intermediaries who arranged deals with the $122 billion pension fund. While such payments are legal, they often raise questions about conflicts of interest and would be illegal if used to bribe public officials.

In a 123-count indictment issued last month, two aides to Mr. Hevesi were accused of selling access to the fund. The aides, Hank Morris, who was Mr. Hevesi’s top political consultant, and David Loglisci, the fund’s chief investment officer, have denied any wrongdoing.

The S.E.C. complaint, which was released Wednesday, describes steps undertaken by the Quadrangle executive to win $100 million worth of business from the pension fund in 2005. That amount accounted for nearly 5 percent of a Quadrangle private equity fund and helped the company raise money from other investment funds.

In October 2004, the executive met with Mr. Loglisci to seek the pension fund investment and Mr. Loglisci “reacted favorably” and “began taking the necessary steps to secure approval” for the investment, the complaint said.

Two months later, in December, the same executive met with Mr. Morris, who, according to prosecutors, was working in tandem with Mr. Loglisci to generate millions of dollars in fees from the investment firms, and within weeks had agreed to a deal to pay an obscure securities firm that employed Mr. Morris 1.1 percent of any money that the retirement fund invested with Quadrangle, as a placement agent fee. That worked out to $1.1 million, of which Mr. Morris received 95 percent.

The timing of the meeting with Mr. Morris was significant, the complaint indicated, because the Quadrangle executive had already met with Mr. Loglisci and would presumably not need a placement agent. In addition, Quadrangle had previously retained a separate placement agent.

The executive also met with Mr. Loglisci about a low-budget movie Mr. Loglisci was producing, “Chooch.” Soon afterward, GT Brands Holdings, a company owned by one of Quadrangle’s private equity funds, made a deal to acquire the DVD distribution rights to “Chooch,” an agreementthat made the film’s producers nearly $90,000.

The Quadrangle executive called Mr. Morris after the distribution deal was closed, and told him of the deal’s “connection to Loglisci.” Three weeks later, Mr. Loglisci “personally informed the Quadrangle executive that the retirement fund would be making a $100 million investment” in Quadrangle, the complaint said.

Mr. Rattner, who had been an investment banker at Lazard, co-founded Quadrangle in 2000. The investment firm dove into private equity investing in media companies, including investments in a large German cable operator and Comcast. It counted some of the biggest media and finance executives as investors, drawing on Mr. Rattner’s social and political connections.

The fund’s investors are heavily skewed toward wealthy individuals, according to a person familiar with the investor roster.

But Quadrangle sought out institutional money, like the state pension fund, as it grew. The firm counts among its investors the Los Angeles Fire and Police Pensions, Calpers and the New Mexico State Investment Council, according to Capital IQ, a division of Standard & Poor’s.

The New Mexico fund signed on after Mr. Rattner told its officials about other pension investors, including New York, according to minutes of a 2005 state pension meeting in New Mexico.

In 2003, Quadrangle paid $250 million to buy GT Brands Holdings, the owner of the GoodTimes movie brand as well as Richard Simmons weight-loss videos.

The investment was a bust: Soon after Quadrangle bought GT, the company’s earnings were falling, and in 2005 GT filed for bankruptcy.

Mr. Rattner’s selection for the auto job was a topic of much speculation beginning in January, but it took several weeks to be settled. Two people close to the Obama administration said there were a handful of concerns about Mr. Rattner before he was named to his new position, but they declined to elaborate on what those concerns were.

Saturday, April 11, 2009

Who Is Geithner???

I've been peeling the onion on Geithner, and I keep coming up with more onion. What I've learned, however, allows me to shed a little light on "PIMROCK" (PIMCO, BlackRock)..

Pete Peterson, former Chairman of the Council on Foreign Relations, hand picked Geithner for the position of NY Fed President. Geithner was a Senior Fellow on the Council on Foreign Relations. Peterson was co-founder and CEO of the Blackstone Group hedge fund, which spun off BlackRock. 49% of BlackRock is owned by Merrill Lynch. Merrill Lynch is owned by Bank of America. Bank of America and Bank of America bonds have arguably taken over from Citigroup as the most important financial stock and bonds to watch.

Geithner, who was little more than a glorified clerk, was made President of the NY Fed in 2003. His boss and chief advisor was Fed Chairman Alan Greenspan. Alan Greenspan works today as a consultant for PIMCO. "Why would PIMROCK go along with this?.....because they hold $100B in J.P. Citi of America bonds, and they've received assurances that if we can get the nation out of the financial pickle it's in, there will be no haircuts on those bonds." (quoting Waldman).

Who really ran the NY Fed when Giethner was President? Well, his three "class-A" Directors were Jamie Dimon, Stephen Friedman and Richard Fuld.

Jamie Dimon is the CEO of JP Morgan, receipient of at least $25 billion in TARP money and another $30 billion in Fed funds collateralized by Bear Stearns paper (which had been formally managed by BlackRock, and is now being paid for by the US taxpayers). The Bear Stearns give away to JPM was supposed to be Geithner's idea, but it had to be Dimon's idea. After all, Geithner is worth $1.6 million while Dimon is personally worth over $2 billion. Who was the real force behind that deal?

NY Fed board member Stephen Friedman, also a member of the Council on Foreign Relations, was Chairman of Goldman Sachs until 1994. Friedman still sits on Goldman's board. I think it's safe to say he's got the Fed looking after Goldman Sach's interests. But, just in case, there is Edward F. Murphy, Execuitve VP of the NY Fed. Murphy was A former VP and CFO at Goldman Sachs.

Former Lehman CEO, Richard Fuld, who resigned his position on the NY Fed Board when Lehman collapsed, was the sacrificial lamb. The Lehman collapse had to happen, if for no other reason, so that Geithner could send Dimon $138 billion to give to Citigroup to cover the $138 billion in bad paper it was stuck with. So, even though Lehman went down, those Citigroup/Bank of NY Mellon bondholders walked away whole. Geithner had to protect his old Treasury boss, Rubin, who had over $100 million stuck in Citigroup.

Ironically, another of Geithner's former bosses, Larry Summers, who was working for the D. E. Shaw & Co., a hedge fund that Fortune Magazine called, "the most intriguing and mysterious force on Wall Street", and that specialized in acquiring the assets of distressed companies, dumped a 20% share of that quant company on Lehman in 2007.

I guess Shaw & Co. had learned its lessons about bad assets after it had been clobbered during the LCTM (Long Term Capital Management) crash. If you remember, it was Summers who negotiated the LCTM bailout. It looks like he finally got rewarded by Shaw & Co., a company best known for its "quantitave investment strategies particularly statistical arbitrage". Anyway, don't cry for Richard Fuld, he still walked away with over $22 million. Fuld, GE CEO Jeff Immelt and GS CEO LLoyd Blankfein all sit on the board of the Robinhood Foundation. I ain't making this stuff up.

E. Gerald Corrigan was the 7th President of the Federal Reserve Bank of NY and the Vice-Chairman of the Fed Open Market Committee. He had one of the strongest influences on Geithner. Who else influenced Geithner when he was NY Fed Chairman? According to Corrigan, "He (Geithner) brings in groups of people. That includes, at times, some of his old Treasury buddies"(he's talking about Rubin and Summers). "As I said, he has really worked at this networking thing I keep talking about". Rubin, of course, was not only Geithner's former boss at Treasury, but he was also a former CEO of Goldman Sachs. Corrigan, by the way, is now a Chairman at Goldman Sachs.

John Thain, that other Goldman Sachs guy, once bragged about his access to Geithner. He said, "sometimes I talk to him multiple times a day".

Remember, John Thain, former CEO of Merrill Lynch and of $35,000 toilet fame (where much money was flushed), when Merrill owned BlackRock, had, at one time, been COO at Goldman Sachs until 2003. Then he went on to become Chairman of the New York Stock Exchange.

So, when BlackRock was controlling the Bear Stearn/JPM "assets" at the Fed, it was Thain, the former Goldman Sachs COO, who managed the company that owned the company that "managed" the toxic Fed (now taxpayer) assets. It gets complicated, but whether it was Thain managing the BS/JPM assets, or Thain running the NY Stock Exchange, it's just one more Goldman Sachs crony running another part of the corrupt business universe. All we can do is to continue to CONNECT THE DOTS.......

Goldman Offers Loans to Stretched Employees

http://www.nytimes.com/2009/03/17/business/17wall.html?_r=1&ref=business

March 17, 2009

Goldman Sachs got its bailout. Now some of its bankers, those aristocrats of Wall Street, apparently need a bit of a bailout too.

Goldman, which accepted billions of taxpayer dollars last fall and, as learned Sunday, was also a big beneficiary of the rescue of the American International Group, is offering to lend money to more than 1,000 employees who have been squeezed by the financial crisis. The loans, offered via e-mail last week, could range from a few thousand dollars to hundreds of thousands.

Working at Goldman has long been regarded as a sure path to riches. But Goldman’s employees are losing money on their personal investments — particularly in Goldman’s own elite investment funds, which have been considered one of the perks of working at the bank.

Now these funds have stumbled, and some Goldman employees who financed their gilded lifestyles by borrowing in good times are suddenly short on cash needed to meet commitments to their personal investments in the funds. “It’s a problem with the culture of spending,” said Gustavo Dolfino, the president of Whiterock Group, a Wall Street recruitment firm. “No matter how much you have, you spend like you have a lot more.”

The development comes at a tumultuous time for Goldman Sachs, which is struggling to recapture its former glory — and profits — since it became an old-fashioned bank holding company. Goldman is one of the eight banks that were told to accept taxpayer money, and it is trying to pay that money back soon.

At least one of the vehicles, in a group known as the Whitehall funds, sank more than 50 percent last year. Another let its investors withdraw their money this year — at a significant loss.

With a focus on real estate and private equity investments, the funds — which also include Goldman Sachs Capital Partners — have traditionally performed extremely well, sometimes increasing sevenfold in a few years. Goldman even promoted its employee participation in the funds as a selling point to outside investors.

Some Goldman employees got rich before the markets collapsed, allowing them to invest several million dollars in the funds, often on a leveraged basis. Only three years ago, Goldman paid more than 50 employees more than $20 million apiece. In 2007, its chief executive, Lloyd C. Blankfein, collected one of the biggest bonuses in corporate history — nearly $70 million.

But one former Goldman partner estimated that a quarter of the bank’s roughly 100 partners are now worth $5 million or less because of losses on their company stock and other investments. Last year, the bank’s seven top executives received no bonuses. One of them, Jon A. Winkelried, resigned from his position as co-president a few weeks ago, saying he wanted to spend more time with his family. His estate on Nantucket is on the market.

It is unclear how many Goldman bankers and traders will take up the bank’s offer. The funds periodically require investors to add more money, and late last year, Goldman’s most senior management and board began to realize some employees might have trouble living up to this obligation after receiving low bonuses, according to a person briefed on the situation.

Employees in the funds are contractually obligated to meet requests for more capital. Several funds have such capital calls scheduled for April. Employees who fail to make the payments risk losing their jobs, according to a person familiar with the situation.

The new loans at Goldman are being offered to help employees meet capital demands from the internal funds and cannot be used for other personal needs, according to people familiar with the matter.

A spokesman for Goldman Sachs confirmed the existence of the loan program but declined to elaborate. The funds that are the most troubled were raised right before the financial crisis. Goldman raised $20 billion in its most recent private equity fund and some $9 billion in the Whitehall real estate funds in 2007 and 2008.

About a third of the money in the funds typically comes from Goldman and its employees, and since 1991, the bank and its employees have accounted for $7.5 billion of the $26 billion in the Whitehall funds.

Some employees now wish they had not invested. Properties like the Helmsley building, which Goldman helped purchase in 2007, have nose-dived in value. Stuart Rothenberg, the former head of Goldman’s real estate group, warned just before he retired last year about Goldman’s real estate exposure and said Goldman became “for all intents and purposes, almost an enlarged hedge fund,” according to Reuters.

Beyond the drop in the stock market, there are various reasons cash is tight for some Goldman employees. Some traders, for instance, are facing tax bills for bonuses paid in early 2008. They already spent that money, and their bonuses early this year were too small to foot the bill.

Others who borrowed against their stock holdings have been forced to sell at losses or put up more collateral against their loan. Goldman is one of many banks that has issued margin calls on its employees.

The employee loans, of course, may not turn out to be a good investment for Goldman, though Goldman can take employees who do not pay to court or seize money from their brokerage accounts.

To some, the development underscores how many wealthy Wall Streeters got in over their heads.

“Most people investing in Whitehall thought this was a sound and probably even a conservative investment,” said Janet Hanson, a former Goldman employee who is the founder of 85 Broads, an organization for women that takes its name from the address of Goldman’s headquarters. “No one saw the entire thing collapsing.”

Fed Said to Order Banks to Stay Mum on ‘Stress Test’ Results

Fed Said to Order Banks to Stay Mum on ‘Stress Test’ Results

By Bradley Keoun and Scott Lanman

April 10 (Bloomberg) -- The U.S. Federal Reserve has told Goldman Sachs Group Inc., Citigroup Inc. and other banks to keep mum on the results of “stress tests” that will gauge their ability to weather the recession, people familiar with the matter said.

The Fed wants to ensure that the report cards don’t leak during earnings conference calls scheduled for this month. Such a scenario might push stock prices lower for banks perceived as weak and interfere with the government’s plan to release the results in an orderly fashion later this month.

“If you allow banks to talk about it, people are just going to assume that the ones that don’t comment about it failed,” said Paul Miller, an analyst at FBR Capital Markets in Arlington, Virginia.

Regulators are using the tests to determine whether the 19 biggest banks have enough capital to cover loan losses during the next two years if the economy shrinks, unemployment surges and housing prices keep declining. The tests are a linchpin of the plan Treasury Secretary Timothy Geithner announced in February to bolster confidence in the nation’s banks and restore financial-market stability.

Geithner has likened the stress tests to those used by doctors to evaluate a patient’s health. They’re designed to mesh with the administration’s effort to remove distressed mortgage assets from banks’ balance sheets. The Fed is overseeing the administration of the tests, people briefed on the matter say.

Progress Report

President Barack Obama is scheduled to get a progress report on the tests today during a meeting with his economic team. Geithner will attend, along with Federal Reserve Chairman Ben S. Bernanke and Sheila Bair, chairman of the Federal Deposit Insurance Corp.

Goldman Sachs plans to report first-quarter earnings April 14, followed by JPMorgan Chase & Co. on April 16. Citigroup reports April 17, and Morgan Stanley announces April 21. All four banks are based in New York.

Spokesman for the banks declined to comment.

“No matter what the result, the stress tests are going to move markets,” Camden Fine, president of the Independent Community Bankers of America, said in an interview yesterday. “That’s the tricky part. If they don’t give out enough information or the information is presented in the wrong way, that could cause markets to plunge.”

Silent on ‘Process’

Banks should stay silent because a focus on the tests would be “a harmful distraction” from earnings, said Scott Talbott, senior vice president for government affairs at the Financial Services Roundtable in Washington.

“It is premature for banks to talk about the stress tests,” Talbott said yesterday. “They aren’t finalized yet and there is no framework to evaluate the results.”

Wells Fargo & Co. Chief Financial Officer Howard Atkins declined to discuss the tests yesterday after his bank reported a record first-quarter profit that beat the most optimistic Wall Street estimates.

“We haven’t commented on regulatory matters and we won’t start now,” Atkins said in an interview. “We don’t comment on the process.”

In a separate interview later, Wells Fargo spokeswoman Julia Tunis Bernard declined to say whether the bank had been told by regulators to keep silent. “We don’t comment on our discussions and conversations with regulators and officials,” she said.

Under the Treasury’s plan, banks would have six months after the reviews to raise any new capital they might need. If the money isn’t obtained from private investors, the government will provide the funds from the $700 billion bank-rescue plan.