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Mar4
Bankers unhappy about bailout
Filed under: Money, Obama, Politics; Tagged as: bank of america, banking, barack obama, breaking news, economic stimulus, Economy, government, Money, Politics, president barack obama, recession, washington, wells fargo, white house
America’s banking executives are having a tough time. First, they mess things up so badly that they require a humongous federal bailout. No sooner do they get the federal funds than they start complaining about how difficult it is to manage a bank when taxpayers are looking over their shoulders. The logical thing for an executive in such a situation to do would be to make the most strenuous efforts possible to return the bailout funds. Would it surprise you to learn that the bankers complaining most about the shackles that come along with bailout money don’t seem to have much of a sense of urgency about doing so?In October, Northern Trust, the Chicago-based bank announced it would take $1.5 billion in TARP funds. But now it’s expressing annoyance that members of Congress are teed off about its sponsorship of a golf tournament. The bank, which is in good health, says it didn’t seek the funds but agreed to participate because the government wanted all the major banks to take part. So is Northern Trust making maximum effort to pare expenses, conserve cash, or raise new capital so that it can return the TARP funds and avoid all this scrutiny? Not so much. Last Friday, CEO Frederick Waddell said the profitable bank wanted to repay funds “as quickly as prudently possible.” Last month it declared its regular quarterly stock dividend of 28 cents per share, which costs about $62.5 million per quarter, or $250 million a year—enough to pay down one-sixth of the suddenly onerous obligation.
Bank of America CEO Ken Lewis said that taking an extra round of bailout funds to help digest the acquisition of Merrill Lynch had been a “tactical mistake.” If he had it to do over again, Lewis said, he would have taken $10 billion less. This is rich on many levels. The market, in its wisdom, has decided that Bank of America is worth about $18.5 billion. Let’s do a simple thought experiment. If Bank of America had received $10 billion less in cheap, taxpayer-provided capital to soak up losses at Merrill Lynch, would Bank of America’s stock be a) higher, or b) lower? And the mistake of taking too much TARP capital would seem to be an easily reversible one—Bank of America could pay it back or at least return some fraction of the $45 billion it has received. But Bank of America hasn’t done that, either. In the interview, Lewis said the bank would pay back the taxpayers “as soon as we think things are stabilized.”
Back in February, Morgan Stanley CEO John Mack made similar noises about repaying the $10 billion in TARP funds it had received. “Our intent is to pay it off as soon as it is feasible,” he said. Goldman Sachs CFO David Viniar echoed Mack. But neither Morgan nor Goldman appears to have made a significant move to free up cash to make a down payment. Both continue to pay out quarterly dividends.
QuantcastThe challenge is that banks have to pay back TARP funds either by generating cash or by issuing new preferred or common stock. And in this environment, issuing new stock is an expensive proposition. Last year, when Goldman sold preferred shares to Warren Buffett, it agreed to pay a huge 10 percent interest rate. And last fall, when Morgan Stanley raised about $9 billion from a Japanese bank, the preferred shares likewise carried a 10 percent dividend.
Of course, it’s not impossible to pay back the TARP funds. Iberia Bank, which received $90 million in TARP funds last December, decided it didn’t want to have the government looking over its shoulder any more than it already was. In late February, CEO Daryl G. Byrd announced that Iberia would pay back the funds with interest by the end of March. “Our board of directors has determined that continued participation in this program is no longer in the best interest of our company and its shareholders,” Byrd said.
In other words, instead of simply complaining about the financial and cultural restrictions imposed on banks by the TARP, Iberia actually did something about it. It’s true that not all financial institutions asked for—or particularly needed—the bailout funds. But most did. Running a bank is a difficult job these days. But bank CEOs are well-compensated for their troubles. And part of the job is making tough choices about the appropriate use of capital and resources.
No CommentsMar4Senate panel questions swiss banking secrecy
Filed under: Money; Tagged as: bank of america, banking, breaking news, finance, financial, investing, investments, Money, Politics, president barack obama, swiss banks, taxes, wells fargoNo Comments
WASHINGTON (Reuters) – The sanctity of the secret Swiss bank account — an icon of global finance — is under growing pressure in a tax investigation due to come into public view on Wednesday at a U.S. congressional hearing.Senator Carl Levin, a long-time foe of offshore tax havens estimated to deprive the U.S. government of $100 billion in annual revenues, will convene the hearing before the Senate Permanent Subcommittee on Investigations that he chairs.
Levin will grill Mark Branson, a top officer at UBS AG, over a tax case in which the U.S. government wants the giant Swiss bank to disclose the names of thousands of rich U.S. clients suspected of dodging U.S. taxes.
The Michigan lawmaker told reporters in a briefing on Tuesday that the hearing will also focus on a U.S.-Swiss tax treaty he described as having “very, very limited value.” He said, “You can’t rely on the Swiss. That’s the bottom line.”
Branson will appear before the Senate panel for the first time since UBS last month acknowledged responsibility for helping U.S. clients conceal assets from the U.S. government, which is cracking down on tax dodgers with offshore accounts.
UBS, the world’s largest banker to the rich, also agreed last month to pay a $780 million fine, and to identify some U.S. clients, in a legal agreement that resolved criminal fraud charges that it helped wealthy Americans evade taxes.
U.S. authorities, fearing that the agreement might yield very few names, have since filed a lawsuit against UBS seeking information on as many as 52,000 undeclared accounts.
UBS has said it will fight the lawsuit, arguing that the information sought by the United States is protected by Swiss financial privacy laws. Branson is chief financial officer of UBS Global Wealth Management and Swiss Bank.
Also testifying will be top officials of the U.S. Internal Revenue Service and the Justice Department’s tax division.
LEVIN’S LONG FIGHT
Nearly a third of wealth kept abroad globally is in Swiss banks — an amount estimated at $2.2 trillion, making the Alpine state the world’s biggest offshore center.
Levin’s subcommittee has been probing offshore tax havens for years, taking aim sometimes at tax havens other than Switzerland, including Liechtenstein and the Cayman Islands.
Branson last testified before Levin in July. In that dramatic session, Branson apologized for UBS’ activities and said it would cease offering cross-border private banking through its unregulated units to U.S.-domiciled customers.
Levin and Democratic colleagues this week introduced legislation into Congress to crack down on tax havens. The Obama administration on Tuesday endorsed the bills filed in both the Senate and the House of Representatives. The administration’s support greatly improves the chances of offshore tax legislation becoming law this year, Levin said.
He asked Treasury Secretary Timothy Geithner to join other nations “calling for action to be taken at the G20 meeting in April to clamp down on offshore secrecy jurisdictions that impede tax enforcement.” The global economic crisis is expected to dominate the meeting of the Group of 20 major developed and emerging economies.
The bills introduced by Levin and Texas Rep. Lloyd Doggett would ban patenting of tax avoidance plans; close offshore tax loopholes, including one that lets shell corporations escape U.S. taxes; target dozens of “secrecy jurisdictions” for greater scrutiny; and put a greater burden on U.S. taxpayers to show that their tax arrangements are legitimate.
When he was a senator last year, President Barack Obama co-sponsored similar legislation with Levin.
Feb21Caribbean regulators seize stanford bank in antigua
Filed under: Money, Wall Street, World; Tagged as: allan stanford, bankers, bernard madoff, breaking news, caribbean, criminals, fbi, finance, financial, financial advisor, fraud, investing, investments, Money, ponzi scheme, secNo CommentsCaribbean regulators have taken over the Bank of Antigua, owned by the Stanford group, amid fraud accusations.

Fraud charges have been filed against the US businessman
The move comes after governments elsewhere, including in Peru, Venezuela, and Ecuador, suspended operations at banks owned by the group.
Sir Allen Stanford stands accused by US financial authorities of involvement in an $8bn (£5.6bn) investment fraud. He was served civil papers on Thursday.
The billionaire had been the single biggest private investor in Antigua. The Securities and Exchange Commission (SEC) has accused Sir Allen of an alleged fraud “of shocking magnitude”. However, he is not in custody and has not been charged with any criminal violations.
Authorities in the US claim that Sir Allen attracted clients by promising unrealistic returns on investments. Customer accounts held by Stanford Financial Group were frozen until legal claims could be resolved, Reuters news agency reported the company’s receiver as saying on Friday.
“For the foreseeable future, customers cannot use their accounts to make payments because transfers out of these accounts are frozen until the receiver is able to verify there are no legal or equitable claims against those accounts,” said Ralph Janvey, a Dallas lawyer responsible for recovering Stanford assets.
Earlier in the day, the England and Wales Cricket Board (ECB) ended all contractual links with the billionaire.
The ECB had signed a multi-million dollar deal with the Texan to stage a series of Twenty20 cricket games and tournaments both in the Caribbean and in England.
The England team will not take part in any future Stanford Super Series matches, and the Stanford-sponsored Quadrangular Twenty20 games planned for England in 2009 will not now take place.
‘Unusual withdrawal’
The Eastern Caribbean Central Bank says it took control of the Bank of Antigua to prevent a run on the bank after the SEC filed civil fraud charges against Sir Allen in the US. The bank was not named in the SEC’s complaint.The central bank said it had taken the step after “an unusual and substantial withdrawal of funds”. The move by Antigua regulators is aimed at maintaining stability and reassuring customers, correspondents say.
Antigua’s Financial Services Regulatory Commission has named a British firm, Vantis Business Recovery Services, as a receiver of Stanford International Bank and Stanford Trust Company, the Associated Press reports.
In 2006 Sir Allen was knighted by Antigua and holds Antiguan citizenship.
Feb20Grab your money, more bank failures around the corner
Filed under: Money; Tagged as: bank of america, banks, breaking news, citigroup, finance, financial, government, investing, investment, Money, Politics, washington, wells fargo, white houseNo CommentsIn less than two months, regulators have seized 14 banks. Experts think many more banks will collapse before the financial crisis is over.
NEW YORK (CNNMoney.com) — If it’s Friday, there must be a bank failing somewhere across the country.For six consecutive weeks, industry regulators have seized control of a bank after the market closed on Friday, bringing the total number of failed banks so far this year to 14.
To put that into perspective, 25 banks failed in 2008, suggesting that the rate of failures is quickening as the economic crisis deepens.
“We’ll have a banner year [of failures] this year,” said Stuart Greenbaum, retired dean and professor emeritus at the Olin Business School at Washington University in St. Louis.
At the current rate, nearly 100 institutions — with a combined $50 billion in assets — will collapse by year’s end. The latest is Oregon’s Silver Falls Bank, which was closed by U.S. regulators Friday.
With more consumers and businesses likely to default on loans as the recession drags on, some industry observers think the pace of bank failures could accelerate further.
Gerard Cassidy, managing director of bank equity research at RBC Capital Markets, upped his expectations for bank failures earlier this month, warning that he anticipates 1000 institutions could fail over the next three to five years.
“The sooner the bank regulators can shut down the troubled banks, the faster the industry will get back on its feet, in our view,” he wrote.
A different eraStill, the current crop of bank failures hardly comes close to what happened during the savings & loan crisis two decades ago More than 1,900 financial institutions went under during 1987-1991, peaking with the failure of 534 banks in 1989. And many experts are quick to draw distinctions between the two eras.
During the last crisis, many savings and loans were coping with an inability to adapt to higher interest rates, while many banks were significantly undercapitalized to deal with losses.
“That is not our problem here,” noted Ann Graham, a professor of law at Texas Tech who spent part of her career as a litigator for the FDIC and Texas’ Department of Banking during the 1980s.
Instead, she said the main problem now is that banks have been stuck with assets in their loan and investment portfolios that have quickly soured.
It’s also worth remembering that when banks fail, they don’t close down for good. The Federal Deposit Insurance Corp. guarantees deposits up to $250,000 in single accounts. Also, the FDIC often is able to find a willing buyer for the failed bank immediately, which means little, if any, disruption for the failed bank’s customers.
Still, regulators face a crisis of significantly larger proportions today that promises to keep the nation’s banking industry strained for some time.
Even though the overwhelming majority of the banks that have gone under since the beginning of 2008 are smaller community banks, there have been two notable big bank failures.
Last year, the California-based mortgage lender IndyMac failed. That was followed by the collapse of savings and loan Washington Mutual, the largest bank failure in history. The FDIC seized WaMu and immediately sold its banking operations to JPMorgan Chase.
Several experts fear the potential for another large bank failure. While the U.S. government has repeatedly said it will not allow major institutions to fail, namely Citigroup and Bank of America , some embattled regional banking giants may be too far gone to save.
“Conceivably, we’ll see some larger names fail as we go forward,” said Frank Barkocy, director of research with Mendon Capital Advisors, a money management firm that invests primarily in financial stocks.
Bracing for tough timesRegulators have indicated they are gearing up for tougher times. In addition to requesting an increase in its borrowing authority from the Treasury, the FDIC has maintained that it expects its deposit insurance fund to suffer $40 billion in losses through 2013. Last summer’s collapse of IndyMac wiped out $8.9 billion from the fund.
Fearful of drawing down the fund any further, banking authorities may attempt to broker more assisted acquisitions like JPMorgan Chase’s purchase of Washington Mutual, where the purchaser acquires the deposits and a portion of the failed bank’s bad assets.
“The [FDIC's] incentive is not to have a bank failure at all,” said Jack Murphy, a long-time partner at the law firm Cleary Gottlieb Steen & Hamilton, who previously served as general counsel for the agency. “If it is possible to have a private market solution, that is ideal.”
Next week, regulators are expected to provide a better glimpse of the health of the banking sector, when the FDIC presents its quarterly banking profile for the fourth quarter of 2008.
One highlight of the report will be the agency’s so-called “problem bank” list. That number is expected to climb from 171, where it stood at the end of the third quarter.
Some have charged that the list is hardly reliable, given that only a fraction of the banks that are included ever actually reach the point of collapse.
Nevertheless, a big jump in the number of banks on the problem list could serve as an indicator that there will many more Friday failures to come this year.
Feb20Investors vent on Madoff
Filed under: Economy, Money, U.S.; Tagged as: allan stanford, bankers, bernard madoff, breaking news, criminals, fbi, finance, financial, financial advisor, fraud, investing, investments, Money, ponzi scheme, secNo CommentsInvestors gather at bankruptcy court to find out if they’ll ever get back Madoff money.
NEW YORK (CNNMoney.com) — Investors allegedly swindled in the largest Ponzi scheme in history reacted furiously when they learned Friday that Bernard Madoff didn’t put any of their money into securities for at least 13 years.Several hundred of the 2,350 Madoff creditors gathered at the U.S. Bankruptcy Court in Manhattan to learn about the status of their claims and to revile the man accused of stealing their life savings.
Irving Picard, the court-appointed trustee for the liquidation of Madoff’s assets, told the crowd of angry investors that investigators, in their search of at least 7,000 boxes of financial documents, “found no evidence to suggest that securities were purchased for customer accounts.”
They also had some choice words for the Securities and Exchange Commission that failed to protect them.
“We’re not just the victims of Madoff; we’re the victims of the incompetence and irresponsibility of the SEC!” said Raymond Spungin, a 77-year old investor from Staten Island. His statement was answered with loud applause from the crowd.
Spungin said that he and his wife, Felice, had invested $700,000 in Bernard L. Madoff Investment Securities LLC, which informed them that their assets appreciated to about $1.8 million.
“I don’t expect to be getting any back,” said Spungin, who is living off his pension and social security.
But investors were told they would get back some of their funds, depending on how much they’d invested, and how much the government recovers. Picard said that some $650 million had been recovered so far, which was to be divided among investors, commensurate to how much they’d put in.
“Everyone shares the pain,” said David Sheehan, a lawyer on Picard’s staff, adding that the total recovery of funds was “very unlikely.”
Also, the investors could be eligible for $500,000 from the Securities Investor Protection Corp., a government entity that provides funds to victims of failed brokerage firms, said Picard.
Creditors will receive notices about the status of their claims within a couple of weeks, said Picard.
Picard said the investigators were continuing to evaluate artwork, like “prints” and “little statues,” and other assets from Madoff’s firm to add to the recovery fund. He said the relatively unsullied market-making portion of his business would be sold to raise money, as well.
Estimates of Madoff’s alleged theft range as high as $50 billion. David Sheehan, a lawyer on Picard’s staff, said investigators were still trying to find out where the bulk of the money went.
“We will be looking at a broad spectrum of what happened to the money that went in and went out,” said Sheehan.
Madoff, who is currently residing with his wife in their $7 million Manhattan apartment, used $10 million worth of assets to secure bail. The bail was placed against his home, as well as his wife’s residences in Montauk, N.Y., and Palm Beach, Fla. Sheehan said the law does not allow these assets to be seized for the recovery fund, because then Madoff would have to go to jail.
“Not that anyone in this room gives a damn about that,” he added, to the laughter of his audience.
Ron, a textile distributor who would not provide his last name, said he lost 30 years worth of pension savings to Madoff’s firm. He said he was more concerned with getting his money back than in punishing the most hated man in New York.
“It doesn’t help me whether he’s in jail or in his apartment,” he said.
Madoff, 70, was arrested in December and charged with one count of securities fraud. Instead of investing his clients’ money, he is accused of using the newest investments to pay off older clients, to create the appearance of returns, in a classic Ponzi scheme. His victims include celebrities like Kevin Bacon and John Malkovich, and charitable organizations, like the foundation established by Holocaust survivor and Nobel honoree Elie Wiesel.
If convicted, he could face a 20-year sentence and a $5 million fine. He has not been indicted.
