March 2009 Archives

Despite a stated policy of transparency, the main government watchdog over the $700 billion Troubled Asset Relief Program has redacted key information from its contracts with two outside consultants assisting with the oversight.

The Office of the Special Inspector General for TARP, headed by former federal prosecutor Neal M. Barofsky, blacked out portions of the contracts before posting them on its website.

The inspector general's office in January hired accounting firm Deloitte and Touche to help track and analyze data related to the TARP program.

Although the posted contract shows the deal is worth as much as $4.13 million, sections detailing the firm's hourly rates and the potential fees for a second year of work are redacted. So is information about the firm's designated contract manager and the names of key personnel working on the assignment.

The inspector general's office also hired Concentrance Consulting Group this month to provide "audit support services." That contract, which has a maximum value of $441,556, is similarly redacted so as to make it impossible to know the hourly rates being charged.

Without knowing how much the taxpayer is being charged per hour, it is impossible for outsiders to determine whether these are good deals.

The redactions follows identical decisions by the Treasury Department to black out or omit parts of its own contracts with the law and accounting firms advising it on the implementation of the TARP program.

Although the hourly rate information also was redacted from the Treasury Department contracts, many of its documents still showed the names of the key employees assigned to the job.

That information is helpful in determining whether the people representing the outside contractors have any potential conflicts of interest.

The redactions by the inspector general's office appear to contradict the spirit of its own transparency policy, as well as the spirit of oversight in general.

On the webpage featuring its contracts with Deloitte and Touche and Concentrance, the inspector general's office notes its "goal of promoting transparency in the administration of TARP-related programs includes acting as transparently as possible in its own activities, including the contracts that it enters into with outside vendors and other Governmental agencies to obtain goods and services."

The redactions in the contracts awarded by the inspector general's office are accompanied by handwritten notations citing the exemptions in the Freedom of Information Act under which the redactions were made.

It should be noted, however, those sections simply permit redactions. They do not require them.
March 31, 2009 2:47 PM

Treasury completes 14 more bank investments

The Treasury Department has completed investments in 14 more banks, using a total of $192 million from the $700 billion Troubled Asset Relief Program.

Of the banks that sold preferred shares to the government, 11 were new to BailoutSleuth's running tally of TARP participants.

Alpine Banks of Colorado, which is based in Glenwood Springs, Co., got $70 million, nearly twice as much as any other recipient in the latest round. Alpine has 25 branches serving the mountain and ski communities on the western slope of the Rocky Mountains.

Alpine reported profits of $32.7 million last year, down about 19 percent from 2007, partly because of higher loan-loss provisions.

As  BailoutSleuth previously reported, Trinity Capital Corp., of Los Alamos, N.M., got $35.5 million in TARP money, and Spirit Bankcorp Inc., of Bristow, Okla., got $30 million.

CBS Banc-Corp, which is based in Russellville, Ala., got $24.3 million. It is the parent company of CB&S Bank, which operates 42 branches in Alabama, Mississippi and Tennessee.

MS Financial Inc., of Kingwood, Texas, sold $7.72 million in preferred shares to the government. It operates Main Street Bank in Kingwood, which is northeast of Houston.

The other banks and holding companies getting taxpayer capital were:

Naples Bancorp Inc. (Naples, Fla.) -- $4 million

SBT Bancorp Inc. (Simsbury, Conn.) -- $4.0 million

Pathway Bancorp (Cairo, Neb.) -- $3.73 million

Triad Bancorp Inc. (Frontenac, Mo.) -- $3.7 million

Clover Community Bancshares Inc. (Clover, S.C.) -- $3.0 million

CSRA Bancorp (Wrens, Ga.) -- $2.47 million

IBT Bancorp Inc. (Irving, Texas) -- $2.29 million

Maryland Financial Bank (Towson, Md.) -- $1.7 million

Colonial American Bank (West Conshohocken, Pa.) -- $574,000

March 31, 2009 8:30 AM

TARP banks announce merger

Union Bankshares Corp., a Virginia company that got $59 million in taxpayer capital through the Troubled Asset Relief Program, is acquiring another bank that got $33.9 million in federal aid.

Union Bankshares said it signed an agreement to buy First Market Bank, of Richmond, Va., in an all-stock deal worth $105.4 million.

Union Bankshares is based in Bowling Green. It said the merger would make it the largest Virginia-based community banking organization, with 97 branches and more than $3.9 billion in assets.

The banks said they expected to complete the merger by the end of the year. The combined company will have headquarters in Richmond and operate under the name Union First Market Bankshares Corp.

Union Bankshares currently has three operating units - Union Bank, Northern Neck State Bank and Rappahannock National Bank.

Union Bankshares is a publicly traded company. It had profits of $14.5 million last year, down 26.5 percent from 2007.

First Market Bank is privately held. It has 39 branches, mostly in the Richmond area, and more than $1.3 billion in assets.

Union Bankshares sold $59 million in preferred stock to the Treasury Department in December as part of the $700 billion TARP initiative. First Market got $33.9 million last month.

First Market's shareholders will control roughly one-third of the combined company. The bank is owned by Ukrop's Super Markets Inc., a grocery chain that houses many of its branches, members of the Ukrop family and Markel Corp., a property and casualty insurer.

 

March 30, 2009 3:03 PM

Insurance Companies Face Hurdles to Getting TARP Money

When the Treasury Department announced that it would spend $700 billion to bail out the nation's banks, a number of insurance companies saw an opportunity. If they became banks, they would be eligible for government money at cheap terms.

Six months later, it's looking more complicated than they imagined, with at least one insurance company changing its mind, and others still waiting to hear back from Treasury.

Earlier this month, for instance, federal regulators agreed to extend the deadline for The Hartford Financial Service Co. to close its pending purchase of Florida-based Federal Trust Bank to March 31.

When it applied in November to buy the struggling savings and loan and seek money under the Troubled Asset Relief Program, Hartford said it could get as much as $3.6 billion in bailout money.

The purchase has not been completed, however, and a Hartford spokesman refused today to say whether he now expects the deal to go through. The company has said that the deal is contingent on Hartford receiving TARP money.

A call to Federal Trust was not returned before deadline. The Office of Thrift Supervision, which must approve the deal, would not comment.

Hartford has struggled in the past year to maintain adequate capital levels, and has also had to address issues related to the Allianz Group, a German financial company that owns a partial stake in Hartford. Banking regulations limit the ability of foreign-owned companies to control American banks.

Other insurance companies have found buying a bank more difficult or less attractive than they might have originally thought. Dutch financial services firm Aegon N.V., which had considered buying Maryland-based Suburban Federal Savings Bank through one of its U.S. subsidiaries, later withdrew its application.

Still others have found that buying a bank doesn't automatically entitle them to bailout money. Lincoln National Corp., which bought Indiana-based Newton County Loan and Savings, is still waiting to hear back from Treasury about its November application for TARP money.

Genworth Financial, which reached an agreement in December to buy Minnesota-based Interbank, also is waiting to hear back from federal regulators about the purchase and from Treasury about its TARP application.
March 30, 2009 1:36 PM

Two banks get TARP funds, two more decline

Two more banks said they were approved for taxpayer capital through the Treasury Department's $700 billion Troubled Asset Relief Program.

Meanwhile, two other banks announced that they were declining their allotments of government money.

Trinity Capital Corp., the owner of Los Alamos National Bank in Los Alamos, N.M., said it sold $35.5 million in preferred stock to the Treasury Department.

Trinity Capital was the first company in New Mexico to get TARP funds. That leaves just three other states - Alaska, Montana and Vermont - without a bank or other business in the program.

SpirtBank, based in Tulsa, Okla., said it got $30 million in taxpayer capital through TARP. The bank has $1.25 billion in assets and operates 17 branches across Oklahoma.

Albert C. "Kell" Kelly Jr., SpiritBank's chief executive, said the bank saw participation in TARP as an opportunity to help Oklahomans and help foster the state's entrepreneurial spirit.

"Because of SpiritBank's track record of involvement in communities throughout the state, we feel there's no one better suited to take on this responsibility and get this money into the hands of creditworthy Oklahoma individuals and businesses,'' he said in a statement.

First Business Financial Services Inc., of Madison, Wis., announced that its board of directors had decided to decline the $27 million in TARP funds for which it was recently approved.

The company cited the cost of participating in the program, as well as the  potential long-term impact on its shares.

Rockport National Bancorp Inc., of Rockport, Mass., said it also was opting out of TARP. It had been approved for $3 million in taxpayer capital in January but hadn't completed the deal.

More than 50 banks that were approved for TARP funds have decided against taking the money.

 

March 27, 2009 10:51 PM

Regulators close Georgia-based bank

Regulators shut down Omni National Bank in Atlanta on Friday and enlisted SunTrust Banks Inc. to temporarily run its branches and assist depositors.

Omni National had six branch offices, in Atlanta; Dalton, Ga.; Tampa, Fla.; Chicago; Dallas and Houston. It had assets of $956 million and deposits of $796.8 million.

The Office of the Comptroller of the Currency closed Omni National and appointed the Federal Deposit Insurance Corp. as receiver.

It arranged for SunTrust to operate the failed banks branches until April 27. During the 30-day transition period, Omni National customers in Georgia and Florida can either move their accounts to SunTrust or get checks for the amounts in their Omni National accounts. Customers in Illinois and Texas can either close their accounts or have SunTrust send them their remaining balances.

Omni National was the 21st bank to fail this year, compared with 25 for all of 2008. It had been struggling under the weight of more than $110 million in bad real estate loans, and regulators earlier this month ordered the bank to raise additional capital, improve accounting controls and take other measures to improve its financial stability.

The Comptroller of the Currency said in a press release that it decided to shut down Omni National after finding that it had "experienced substantial dissipation of assets and earnings due to unsafe and unsound practices." It said the bank's losses depleted most of its capital, and said there was "no reasonable prospect'' that it would become adequately capitalized without federal assistance.

The FDIC estimated that the closing would cost its deposit insurance fund around $290 million.

Of the 21 banks that have failed this year, 12 were taken over by institutions whose own balance sheets were strengthened by taxpayer capital from the Treasury Department's $700 billion Troubled Asset Relief Program. SunTrust got $4.9 billion, in two installments.

 

March 27, 2009 12:32 PM

Yet another bank bails on TARP

Shore Bancshares Inc. has notified the Treasury Department that it will return the $25 million in taxpayer capital it received in January.

Shore, based in Easton, Md., is the seventh bank to file for redemption of the preferred stock issued in return for aid through the $700 billion Troubled Asset Relief Program.

More than 500 banks have taken public money through the program.

W. Moorhead Vermilye, Shore's chairman and chief executive, said changes in TARP rules and public perceptions about the program have put his bank at a competitive disadvantage.

"The representation made by the Treasury concerning TARP was that the program was designed to attract broad participation by healthy institutions and that our participation in the program was important to restore confidence in our financial system and ensure that credit continue to be available to consumers and businesses," Vermilye said in a prepared statement. "Over the past few months, however, it has become clear to us that the public, including many members of Congress, view institutions that participated in TARP as having done so because they are weak and not because they wanted to do their part to foster economic recovery. We do not believe that TARP has been handled in such a way as to distinguish strong institutions from those that have capital adequacy or other problems."

Shore operates Talbot Bank, Centreville National Bank of Maryland and Felton Bank. It also owns several insurance units, an investment advisory firm and a mortage company.

March 26, 2009 12:44 PM

More Banks Prepare to Return TARP Funds

Another bank has notified the Treasury Department that it intends to return the bailout money it received just two months ago. And several more that have talked about giving back their taxpayer capital now say they intend to do so after completing regulatory "stress tests" in April.

West Virginia-based Centra Financial Holdings Inc. said it will redeem the $15 million in preferred stock the Treasury bought in January. It will also pay any accrued dividends on the shares.

Bank officials cited "recent actions, interpretations and commentary regarding various aspects of the program" as reasons to return the money. Although banks had to be classified as well-capitalized to receive money under the Troubled Asset Relief Program, many have come to feel that acceptance of the money may be being interpreted as market weakness.

Banks also have been concerned that the bailout money has come with too many regulatory restrictions, including limits on executive pay.

Bank of America Corp. plans to start repaying the $45 billion it received next month, CEO Kenneth Lewis said Wednesday. In addition to concerns about oversight, Lewis cited the $2.85 billion annual dividend payments as a reason to return the money.

In recent months, a number of banks have said they would like to withdraw from the program, including JPMorgan Chase & Co., Goldman Sachs Group Inc., Wells Fargo & Co., and TCF Financial Corp.

Giving the money back, however, can be a challenge, because removing the money from a bank's balance sheet may reduce its capital levels. Government regulators are watching banks carefully to make sure they have enough reserves to weather any future shocks.

Nevertheless, a few of the larger banks signaled this week that they were planning to move ahead as soon as the stress tests had been completed. Passing these tests, which involve a complex examination by federal regulators of TARP recipients' balance sheets, would send a strong signal to investors that the companies are in sound shape and do not need government assistance.

The Wall Street Journal reported today that JP Morgan intends to repay the $25 billion is received within eight months. Goldman Sachs may do the same with its $10 billion in bailout money by the end of April.

Other banks that have said they plan to return taxpayers' money include Citigroup Inc., Morgan Stanley, Northern Trust Corp, PNC Financial Services Group Inc and U.S. Bancorp.

Five banks besides Centra Financial have filed documents with the Treasury to formally begin the repayment process. They are: Bank of Marin Bancorp, Iberiabank Corp., Signature Bank, Sun Bancorp Inc. and TCF Financial Corp.
March 26, 2009 8:55 AM

Morgan Stanley details executive pay

Morgan Stanley's chief executive, John J. Mack, and its two co-presidents declined any bonuses for 2008. But the company's newly released proxy statement shows that three other top executives got cash awards averaging $2.3 million each.

Morgan Stanley got $10 billion in taxpayer capital last October through the Treasury Department's Troubled Asset Relief Program, which imposes restrictions on executive salaries and bonuses.

Mack got $800,000 in salary last year, and $435,097 in other compensation, for a total of $1.24 million. The non-cash compensation consisted mainly of his personal use of corporate aircraft, and of security provided him by the company.

Mack had total compensation of $1.6 million in 2007, making him one of the lowest-paid executives at the big investment banks. Morgan Stanley said that, effective March 10r, Mack will begin reimbursing the company for his personal use of corporate aircraft.

Colm Kelleher, chief financial officer and co-head of strategic planning, got $322,903 in salary last year. The London-based executive got a cash bonus of $2.91 million, as well as a long-term incentive award of $1.06 million and restricted stock the company valued at $728,122.

Additional compensation, including $2.2 million related to his overseas assignment, brought his total package to $7.44 million. Keller had total compensation of $21 million in 2007.

Morgan Stanley said Kelleher's bonus reflected his role in "prudently and proactively managing the company's capital and liquidity.'' It also cited his role in developing the company's response to the financial crisis and in communicating effectively with analysts and investors during the market turbulence.

Morgan Stanley also noted that Kelleher played an important role in arranging the $10 billion capital injection from the Treasury Department, as well as other large investments from the China Investment Corp. and Mitsubishi UFJ Financial Group.

Morgan Stanley had profits of $1.7 billion last year, down from $3.2 billion in 2007.

Gary G. Lynch, the company's chief legal officer, got $300,000 in salary in 2008, along with a cash bonus of $2.37 million and a long-term incentive award of $796,500. His total compensation was $4.02 million, down from $11.9 million in 2007.

Thomas R. Nides, chief administrative officer, collected $300,000 in salary, a cash bonus of $1.81 million and a long-term incentive award of $535,000. He had total compensation of $3.14 million, compared with $6.33 million in 2007.

Walid A. Chammah, one of Morgan Stanley's co-presidents, got $322,903 in salary last year, and had total compensation of $1.2 million. He was not an executive officer of the company in 2007. Morgan Stanley did not list the compensation of James P. Gorman, its other co-president.

The company noted in December that 2008 compensation for the 35 members of its management committee was down an average of 65 percent from 2007.

 

 

March 25, 2009 6:04 PM

Suit alleges TARP bank retaliated against executive

A former executive of Citizens Republic Bancorp Inc., which got $300 million in public money through the Troubled Asset Relief Program, says he was fired after objecting to a multimillion-dollar payout sought by the company's chairman and chief executive.

John D. Schwab, who was executive vice president and chief credit officer, said in a wrongul-termination suit that he was forced out after urging a member of the company's board of directors to block Chairman William R. Hartman's demands.

Schwab filed suit in a Michigan state court, alleging that Hartman retaliated against him for opposing the compensation plan. Schwab said in a press release announcing the suit that he had argued that any large bonus payment to Hartman would violate restrictions imposed on banks that take TARP money from the Treasury Department.

Citizens Republic declined to comment on the suit, citing a policy of not discussing pending litigation.

Hartman stepped down as Citizens Republic's president and chief executive effective Jan. 31. However, he remains non-executive chairman of the board until the company's annual meeting on May 27.

The proxy statement for the meeting shows that Hartman, who is 60, will get to take his pension payments under Citizens Republic's supplemental benefits plan as a lump sum. The present value of those benefits were $6.88 million at the end of last year.

Citizens Republic noted that its obligations under the supplemental benefits plan are unfunded and are subject to its ability to make the payments when they are due. In other words, they are paid out of the company's general accounts.  

Citizens Republic is based in Flint, Mich., and has operations in Michigan, Ohio, Wisconsin and Iowa. It has been hit hard by the real estate slump and the auto industry's troubles. It posted a $393.1 million loss for 2008, compared with a profit of $100.8 million in 2007. Nearly half of the red ink was attributable to the fourth quarter.

Hartman and Schwab both joined Citizens Republic in 2002. The company's proxy statement shows that Hartman was paid $780,000 in salary last year and had total compensation of $1.87 million. Schwab received $295,000 in salary and $603,983 in total compensation.

In a press release announcing his wrongful termination suit, Schwab said he was approached in early December by board member Ben Laird, who told him that Hartman was seeking a guaranteed four-year contract and a $7.5 million "special bonus." Schwab said he told Laird the payments were inappropriate.

Citizens Republic had already been approved for $300 million in TARP funds. It accepted the money on December 12, issuing preferred stock to the government in return.

According to Schwab's account, the board rejected some of Hartman's compensation demands. Schwab said that Hartman summoned him to a meeting on Jan. 29, two days before Hartman's retirement took effect.

Hartman announced that Schwab also would be retiring, adding that Schwab had "undermined'' him. Citizens Republic announced Schwab's departure on Feb. 2.

Schwab, 64, said in the press release that he had no intention of retiring. He noted that he had been one of four candidates interviewed to succeed Hartman as chief executive and had said during that process that we was willing to work another three to five years.

 

March 24, 2009 11:03 PM

10 more banks get TARP money

The Treasury Department has completed investments in 10 more banks, distributing $80.7 million in taxpayer capital.

Nine of the banks were new to BailoutSleuth's running tally of more than 500 institutions that have sold stock to the government as part of the $700 billion Troubled Asset Relief Program.

The Treasury Department has invested nearly $198.6 billion of the $250 billion originally set aside for capital injections to banks.

Heritage Oaks Bancorp, of Paso Robles, Calif., completed its previously announced deal for $21 million.

Community First Bancshares Inc., of Union City, Tenn., sold $20 million of its preferred stock to the government, while First NBC Bank Holding Co., of New Orleans, sold $17.8 million worth. Both of those banks are privately held.

Seven other privately held financial institutions got TARP money in the latest round of deals.

Premier Bank Holding Co., of Tallahassee, Fla., received $9.5 million, while First Colebrook Bancorp Inc., of Colebrook, N.H., got $4.5 million. Peoples Bancshares of TN Inc., based in Madisonville, Tenn., got $3.9 million

The other banks getting taxpayer capital were:

Citizens Bank & Trust Co. (Covington, La.) -- $2.4 million

Farmers State Bankshares Inc. (Holton, Kan.) -- $700,000   

Kirksville Bancorp Inc. (Kirksville, Mo.) -- $470,000

Farmers & Merchants Financial Corp. (Argonia, Kan.) -- $442,000

March 24, 2009 2:47 PM

Private Clients Raise Questions About Bailout Contractors

At least two of the legal firms currently advising the Treasury Department on the Troubled Asset Relief Program have offered their services to private clients interested in capitalizing on the bailout, raising questions about whether conflicts of interest may interfere in the unbiased distribution of taxpayer dollars.

The two firms, Cadwalader, Wickersham & Taft LLP, and Locke Lord Bissell & Liddell LLP have extensive experience in the buying and selling of distressed assets. The Treasury Department hired the two firms to work on the TARP program because its own employees lacked sufficient expertise. 

Cadwalader signed a $417,000 contract with the Treasury in January to "provide legal expertise and guidance on highly complex bankruptcy issues in order to appropriately structure possible Treasury loans to or other investments in multiple large institution." Reports at the time indicated that the firm would be working on the potential restructuring of the auto industry.
 
Locke Lord signed its contract in February. The deal, worth as much as $2 million, calls for the firm to help draft securities purchase agreements for S corporations that qualify for TARP funding. Those types of corporations are typically owned by a small number of shareholders, who share in the income or losses of the business and pay taxes on the earnings through their individual returns.

Under the terms of their agreements, Cadwalder and Locke Lord promised not to engage in any activities that would conflict with their work for the Treasury. The firms also agreed to disclose any potential conflicts and the methods used to avoid them.

Nevertheless, at the same time the two firms were seeking government contracts, they were actively soliciting private clients to advise on bailout issues.

Locke Lord, for instance, created a special TARP Group of attorneys. The group's web page notes that the bailout "will create new opportunities and issues for a broad spectrum of commercial enterprises" and advertises that its lawyers have "numerous contacts in the legislative and executive branches of the Government."

At least 111 firm staffers, mainly attorneys, have been assigned to the group.

When Locke Lord announced the new group last October, it said it would advise banks on the fiduciary duties and legal consequences that come with participation in the TARP securities purchase program.

Cadwalader took out an advertorial in Private Equity Analyst magazine last fall, promising to introduce investor opportunities "across a variety of complex, difficult to value assets" covered by the TARP program.

At the time, Treasury intended to buy distressed assets from banks in order to shore up their balance sheets. After Cadwalader's initial advertorial, the terms of the banking bailout changed, with Treasury bolstering the industry by purchasing large blocks of shares. However, Treasury announced a new plan this week to use as much as $100 billion in TARP money to buy those distressed assets through public-private partnerships.

Cadwalader also signed on to sponsor a conference on TARP being held by the Securities Industry and Financial Markets Association, a trade group for servicers and investors of mortgage-backed securities. The accounting firm PriceWaterhouseCoopers, which received a $191,000 contract in October to set up accounting controls for the TARP program, also sponsored the event.

BailoutSleuth asked all 11 of the legal and accounting firms hired to advise Treasury on TARP to answer questions about conflicts of interest. We wanted to know if they had clients that were receiving TARP money, whether they had made any disclosures to Treasury about potential conflicts of interest, and how they were ensuring that these conflicts did not affect their work for the government.

"As with any client engagement, our work for the U.S. government prohibits us from representing adverse interests and we have complied with this requirement," said Cadwalader's Claudia M. Freeman. She did not respond to detailed questions about the firm's efforts to solicit private clients.

Locke Lord also did not respond to emailed questions about the company's conflicts policy.

Only one other firm did answer questions.  Bank of New York Mellon, which has a contract with Treasury to serve as master custodian of TARP-related assets, has "a securities firewall policy" which walls off TARP employees from those who trade assets on behalf of the company or its clients, spokesman Kevin Heine said.

He would not say, however, if the firm has clients whose interests might conflict with the government's, nor would be discuss any disclosures made to Treasury about them.

The Treasury Department did not return telephone calls seeking comments on its conflict of interest policies.

But in testimony before the House of Representatives last week, Gene L. Dodaro, acting comptroller general of the Government Accountability Office, urged Treasury to "review and renegotiate existing conflict-of-interest mitigation plans," and continue to monitor contractors for problems.

As always, BailoutSleuth will continue to monitor this issue and report back to readers as events warrant.

March 23, 2009 9:28 AM

Treasury unveils toxic asset program

The Treasury Department has announced details of its plan to buy $500 billion to $1 trillion in so-called "toxic assets'' from banks and other financial companies, through partnerships with private investors.

The Treasury Department will use $75 billion to $100 billion from the $700 billion Troubled Asset Relief Program to finance the government's investment in pools of distressed real estate loans, mortgage-backed securities and other assets, according to an overview posted on the agency's web site.

It refers to them by a more benign name -- legacy assets

The plan is built around three main principles: Maximizing the impact of taxpayer dollars, sharing the risk and profits with private-sector partners, and using market competition to establish asset prices.

Here's how the program would work: A bank that wants to sell loans can approach the Federal Deposit Insurance Corp. The FDIC decides whether to create an investment pool around the assets. If so, it auctions the pool and forms a public-private partnership with the winning bidder.

The plan relies on leverage. The Treasury Department offered an example using a 6-to-1 debt to equity ratio. In its example, a pool of assets with a face value of $100 sold at auction for $84.  In that scenario, the FDIC would provide financing guarantees for $72, leaving $12 of equity. The Treasury Department would provide half of the equity funding, or $6, as would the private investor.

The private investor would be responsible for the servicing and disposition of the loan pool, using asset managers approved and overseen by the FDIC.

The mechanism for mortgage-backed securities is different. The Treasury Department says it will approve as many as five asset managers with a track record for purchasing such assets. They can then seek money from private investors, with the Treasury Department providing matching equity for every dollar raised.

The asset managers can get additional debt financing for an amount equal to 50 percent of the total equity in the fund. The Treasury Department said that, in some cases, it might provide amounts up to  100 percent of the equity, adding even more purchasing power. The asset managers will have full discretion over the investment decisions of the funds, although the Treasury Department said it expects that they will largely adhere to a long term, buy and hold strategy.

March 21, 2009 11:36 AM

Two big credit unions placed in conservatorship

Federal regulators took over two big credit unions, which could be a sign of growing problems in that segment of the financial industry.

Regulators put U.S. Central Corporate Federal Credit Union and Western Corporate Federal Credit Union into conservatorship, saying the actions were needed to resolve balance sheet issues and preserve the stability of the broader credit union system.

The two credit unions have $57 billion in assets between them. They provide financing and investment services to retail credit unions, the cooperative financial institutions owned by their depositors.

The National Credit Union Administration said the seizure of U.S. Central and Western Corporate would have no direct impact on the 90 million Americans who belong to credit unions. The government agency  emphasized that the nation's retail credit unions remain strong, with a net worth exceeding 10 percent of assets and increasing deposits, membership and loan volumes.

U.S. Central, based in Lenexa, Kan., has about $34 billion in assets, including money invested by retail credit unions. The NCUA pumped $1 billion in new capital into U.S. Central in January in an effort to shore up its finances and bolster customer confidence.

Western Corporate, based in San Dimas, Calif., has $23 billion in assets. Regulators plan to keep both credit unions in operation, but will replace management and make other changes.

The NCUA said it had performed a detailed analysis and stress test of the mortgage- and asset-backed securities held by all corporate credit unions. The review found an unacceptably high concentration of risk in just two places - U.S. Central and Western Corporate.

"Securities held by U.S. Central and WesCorp deteriorated further since late January 2009, contributing to diminished liquidity and payment system capacities, as well as further loss of confidence by member credit unions and other stakeholders,'' the agency said in a press release on the seizure.

Further analysis of the mortgage- and asset-backed securities held by the credit unions led the NCUA to boost the reserves for losses in the industry's deposit insurance fund by $1.2 billion, to $5.9 billion.

 

March 20, 2009 10:19 PM

Regulators seize three more banks

Regulators seized three more banks on Friday, closing one and selling the deposits and assets of the other two to new operators.

Twenty banks have now failed since the start of the year, compared to 25 for all of 2008.

The Office of the Comptroller of the Currency shut down Teambank N.A., of Paola, Kan., and appointed the Federal Deposit Insurance Corp. as receiver. It arranged for Great Southern Bancorp Inc., of Springfield, Mo., to take over most of the bank's business.

Teambank had $669.8 million in assets and $492.8 million in deposits.

Teambank's 17 branches will reopen Saturday as Great Southern branches. Great Southern will buy $656.5 million of the failed bank's assets, at a discount of $100 million. It also will buy $474 million of the deposits, at a premium of 1 percent.

The Comptroller of the Currency also closed Colorado National Bank, in Colorado Springs, Colo.  The FDIC arranged for Herring Bank, of Amarillo, Texas, to assume its deposits. Colorado National had $123.5 million in assets and $82.7 million in deposits.

Herring Bank took over Colorado National's four branches, and agreed to buy $117.3 million of its assets at a discount of $4.2 million. It bought the bank's deposits at a discount of 1.27 percent.

Teambank and Colorado National were subsidiaries of Team Financial Inc., a publicly traded company with headquarters in Paola. Team Financial lost $23.5 million for the first nine months of 2008, compared with a profit of $3.49 million in the same period of 2007.

The company cited increased loan loss provisions, a drop in the value of its investment securities and other factors for the sharp reversal.

The Georgia Department of Banking and Finance closed FirstCity Bank of Stockbridge, Ga. The FDIC, as receiver, did not find a buyer for the operation, so it will pay out the insured deposits to customers. FirstCity had $297 million in assets and $278 million in deposits.

The FDIC gave Great Southern and Herring Bank added incentives to buy the failed banks in Kansas and Colorado. It agreedto a 80/20 loss-sharing arrangement with Great Southern on $450 million of Townbank's assets. It made the same deal with Herring Bank on $62 million of Colorado National's assets.

Great Southern previously got $58 million in taxpayer capital through the Treasury Department's Troubled Asset Relief Program. Of the 20 banks that have been shut down by regulators this year, 11 were absorbed by banks whose finances were bolstered by TARP money.

The FDIC estimated that the three closings would cost its insurance fund around $207 million.

March 20, 2009 12:11 PM

Bailed-Out Companies Owe $220 Million in Taxes

Thirteen companies that got money from the Treasury Department under the Troubled Asset Relief Program are delinquent on their taxes, congressional investigators say.

That revelation was the latest in a series of bailout-related bombshells to hit Washington this week.

According to the House Ways and Means Committee's oversight panel, the delinquent companies owe as much as $220 million in income or employment tax to the federal government. The panel reviewed the Internal Revenue Service files of only the top 23 recipients of TARP money.

The committee did not release any names, citing privacy concerns, but said that the two firms with the largest tax liabilities owed $113 million and $102 million. The IRS said Thursday that some of the taxes owed had been repaid since the House began its investigation.

Under the terms of the TARP program, companies receiving bailout money must obey all federal law and be current on tax obligations.

"The IRS recognizes that those entities that receive taxpayer support have a special obligation to pay their taxes, and these taxpayer accounts will remain closely monitored by the IRS to ensure that the full amount of taxes due are paid," said Frank Keith, an IRS spokesman.

The Washington Post reported today that it asked the 23 largest recipients if they had any outstanding taxes. Nine responded and said they did not. They included Bank of America, Wells Fargo, Citigroup, Capital One, Northern Trust, CIT Group, Marshall & Isley Corporation, Chrysler, and General Motors.

At least one of the companies on the list, American International Group Inc. (AIG) is already on the record as owing taxes. The company sued the IRS last month over $306 million in tax payments related to deals conducted through offshore tax havens.

Another TARP recipient, PNC Financial Services Inc., told the Post that "there may be instances where we are in discussion with the United States about specific items."
March 19, 2009 10:47 PM

Michigan bank approved for TARP

Birmingham Bloomfield Bancshares Inc., a small Michigan bank, said it was approved for $1.63 million in taxpayer capital through the Treasury Department's Troubled Asset Relief Program.

The company operates the Bank of Birmingham, in the northern suburbs of Detroit. It had total assets of $67.3 million at the end of 2008, up from $47.3 million a year earlier. Its loans outstanding on Dec. 31 were $56.8 million.

Robert E. Farr, president and chief executive, said the bank has been careful in its lending and is solid financially. Unlike some bankers, Farr expressed no reservations about taking on the federal government as an investor.

"The injection of TARP funds will both strengthen our balance sheet and enable us to prudently increase lending,'' he said in a prepared statement. "One especially important commercial-lending area for us is the area's small and medium companies, which have been virtually squeezed out of the credit markets. We are optimistic about 2009 and our prospects for continued growth.''

Banks participating in TARP get a capital injection from the government in return for preferred stock that pays a dividend of 5 percent a year for the first five years and 9 percent therafter.

Companies that take the money also have to accept certain restrictions on executive compensation, dividend increases, stock buybacks and other uses of money.

 

March 19, 2009 10:18 AM

House Committee Releases AIG Bonus Contracts

American International Group Inc. (AIG) agreed to pay bonuses to members of its financial products division to make sure "its employees' and consultants' interests continue to be aligned with those of AIG and AIG's shareholders," according to a contract released by the House Financial Services Committee.

The bonuses, totaling $165 million, have been the subject of intense criticism over the past few days, as company executives, lawmakers and regulators continued to struggle to explain why the firm was rewarding employees responsible for its financial problems.

The Financial Products division has been widely criticized for having created and sold the credit default swaps responsible for bringing the company to the brink of bankruptcy in September 2008. The federal government has since invested $170 billion to shore up the insurance giant, in return for an 80 percent ownership stake.

According to the 2007 "Employee Retention Agreements" released by the House,  non-senior management employees were promised bonuses for 2008 at the same level of 2007, despite the company's looming financial problems. Senior management was guaranteed 75 percent of their 2007 bonus.

AIG reported this month that it had lost $61.7 billion for the fourth quarter of last year, the largest corporate loss in history.

In a letter this week to House Financial Services Committee Chairman Barney Frank, Andrew Cuomo, the attorney general of New York State, said that the top recipient of bonuses received more than $6.4 million. In addition:

• The top seven bonus recipients received more than $4 million each.

• The top ten bonus recipients received a combined $42 million.

• 22 individuals received bonuses of $2 million or more, and combined they
received more than $72 million.

• 73 individuals received bonuses of $1 million or more.

He also noted that "11 of the individuals who received 'retention' bonuses of $1 million or more are no longer working at AIG, including one who received $4.6 million."

The contract released by the House did not include the names of those who would receive the bonuses, but both Cuomo and Frank have threatened to subpoena AIG if they were not provided.

Cuomo has also announced that he is considering legal action to recover the bonuses. On Capitol Hill, lawmakers are considering a number of measures, including a punitive 90 percent excise tax.
March 18, 2009 10:12 PM

Treasury completes 19 more TARP deals

The Treasury Department has completed stock purchases in 19 more financial institutions, 14 of which were new to BailoutSleuth's running tally of companies getting taxpayer capital.

Discover Financial Services, known mainly as a credit-card issuer, accounted for $1.2 billion of the nearly $1.46 billion in new government investment through the Troubled Asset Relief Program.

BancIndependent Inc., of Sheffield, Ala., sold $21 million in preferred stock to the government. Sovereign Bancshares Inc., of Dallas, got $18.2 million, while First American International Corp., of Brooklyn, N.Y., got $17 million. All of those companies are privately held.

Three other banks got $10 million or more in taxpayer capital. The smallest government share purchase in the latest round of deals was $425,000.

First National Corp., of Strasburg, Va., got $13.9 million, while 1st United Bancorp Inc., of Boca Raton, Fla., got $10 million.

Provident Community Bancshares Inc., of Rock Hill, S.C., sold $9.72 million in stock to the government. Moneytree Corp., of Lenoir City, Tenn., got $9.52 million. Moneytree is the parent company of First National Bank in Lenoir City  is unrelated to the finance and payday loan companies with similar names.

For a list of the other banks getting TARP money, click on the link for the rest of the story.

March 17, 2009 4:04 PM

Treasury Awards Two New Legal Services Contracts

The Treasury Department has hired the law firms of Venable LLP and Simpson Thacher & Bartlett LLP to provide advice about the Troubled Asset Relief Program (TARP).

The Treasury Department did not issue press releases about the contracts -- as it did with earlier TARP legal-services deals -- but posted copies on its web site. Although the links to the contracts did not work, BailoutSleuth was able to access them by deleting extraneous information in their web addresses.

The contract we found for Simpson Thacher & Bartlett has no specific value, just a minimum of $50,000 and a maximum of $5,000,000. Unfortunately, the hourly rate schedule is redacted, so it is impossible to know whether this is a good deal for the taxpayer.

The contract with Venable has the same value range, and the task order is identical as well. Both last from Feb. 20, 2009 to Aug. 19, 2009.

According to the agreement, the firms will prepare documents related to Treasury investments under the Capital Purchase Program, the part of the TARP program dedicated to shoring up the financial services industry.

The law firms will also provide advice on the government's investments in mutual holding companies, and will provide "guidance in the formulation of equity investment or debt transaction structures and documentation."

This is the second contract the Treasury Department has awarded Simpson Thacher & Bartlett for legal advice for the TARP program. Under a previous agreement reached in October, the firm was to receive $300,000 for its services.

This is Venable's first contract with the TARP program.
March 17, 2009 3:25 PM

Some retention plan

Eleven American International Group Inc. employees who got "retention'' bonuses of $1 million or more last week no longer work there, New York Attorney General Andrew Cuomo reported.

AIG came under harsh criticism when it paid more than $160 million in bonuses to employees of its financial products division, whose activities contributed heavily to the company's near collapse.

AIG has received more than $170 billion in public money since October, as part of a rescue plan that gave the U.S. government an 80 percent stake in the company..

Cuomo said in a letter to Rep. Barney Frank, the head of the House Financial Services Committee, that his office had subpoenaed AIG for the names of the employees who received bonuses

Seventy three AIG employees got retention bonuses of $1 million or more, including the 11 who are no longer with the company, Cuomo said. Seven of the recipients got more than $4 million each, with the highest payout being $6.4 million.

Although AIG agreed not to make any bonus payments from its $600 million deferred compensation pool, it tapped a separate retention bonus pool for last week's payments.

AIG contended that the employees who got bonuses were vital to unwinding the financial products business, which marketed credit default swaps and other exotic and risky instruments.

Cuomo noted that AIG's unwillingness to identify those employees makes it impossible for outsiders to evaluate that claim, or to understand why money went to people who have left the company.

"Until we obtain the names of these individuals, it is impossible to determine when and why they left the firm and how it is that they received these payments,'' he said.

According to Cuomo's letter, 22 AIG employees got bonuses of $2 million or more, collecting $72 million between them. That amounts to more than 40 percent of the total payout.

AIG Chairman Edward M. Liddy said in a letter to Treasury Secretary Timothy F. Geithner that the company was contractually obligated to make the payments.

Liddy even argued that breaching the contracts could lead some of AIG's counterparties in trillions of dollars worth of financial transactions to declare the company in default, triggering even bigger economic claims that could doom it

March 17, 2009 1:02 PM

Another bank opts to return TARP money

Bank of Marin has notified the Treasury Department that it intends to redeem the $28 million in preferred stock it sold to the government in December, making it the fifth bank to officially opt out of the Troubled Asset Relief Program.

President Russell A. Columbo said in a letter to customers and shareholders that Bank of Marin agreed to take the money to help stimulate the local economy at a volatile time for the financial markets.

Congress voted in October to authorize $250 billion in government investment in U.S. banks through TARP initiative called the Capital Purchase Program. The capital injections were intended to shore up battered balance sheets and spur lending.

Columbo noted that Bank of Marin, which is based in Novato, Calif., has abided by the spirit of the TARP legislation. It originated $27.1 million in new loans within a month of getting the money, he said.

"However, the rules of the TARP program have changed frequently and have had unforeseen negative implications as to how we can best run our business,'' Columbo said in his letter. "We have operated successfully as an independent institution for nearly 20 years, and while we respect the goals of the TARP program, we believe we are closest to the needs of our local community. As a result, our Board of Directors and senior management team have determined it is in the best interest of our shareholders, customers and employees to end our participation in the Capital Purchase Program and continue to operate independently."

Meanwhile, the president of another San Franciso area bank said it also intended to return its TARP money. Brian Garrett, who runs Community Bank of the Bay in Oakland, told the San Francisco Business Times that its board had authorized the return of $1.75 million it got in January.

March 16, 2009 10:42 PM

Some Citigroup executives prospered despite bailout

Citigroup Inc. said in an SEC filing Monday that Chief Executive Vikram Pandit had total compensation of $10.8 million last year. But that figure does not reflect the original value of stock and options he got when he joined the company at the start of 2008.

Citigroup said in the proxy statement for its annual shareholders meeting that the stock awards were worth nearly $37.3 million at the time they were granted.

The commentary and charts in Citigroup's filing were confusing enough that many news outlets reported without caveats that Pandit's pay package was worth $10.8 million.

Citigroup got $25 billion in taxpayer capital in October through the Troubled Asset Relief Program, and has since received an additional $20 billion. Banks that accept goverment aid become subject to restrictions on executive compensation.

Pandit's salary for 2008 was $958,333. That pay, plus the value of the restricted stock and options he got as a sign-on bonus, brought his total compensation to $38.2 million.

However, a steep drop in Citigroup's stock has wiped out most of the stated value of those awards. The company said the shares that Pandit received were worth $1.83 million as of last Thursday.

In its summary compensation table, Citigroup valued the restricted stock and options that Pandit received at $9.84 million, a number that it said reflected the accounting costs it recorded for those awards.

Pandit and Chief Financial Officer Gary Crittenden received no bonuses or performance-based equity awards last year. Citigroup listed Crittenden's total compensation for 2008 at $12.2 million, down from $19.4 million the previous year. Most of that compensation was stock that has declined significantly in value.

Crittenden's salary was $500,000 last year. His compensation also included $126,256 worth of ground transportation, which works out to an average of $345 a day.

Three other Citigroup executives fared much better in the cash compensation department. The company awarded them bonuses that it described as "deferred cash retention awards.''

James Forese, co-head of Citigroup's global markets business, was granted $5.26 million. Ajay Banga, chief executive of Citigroup's Asia Pacific operations, and Stephen Volk, the company's vice chairman, were granted $3.6 million each.

Those awards were granted in January of this year but included in their compensation totals for 2008. The three also got performance-based stock and option awards. Citigroup valued those at $3.5 million for Forese and $2.6 million for Banga and Volk.

March 16, 2009 5:52 PM

State Street discloses executive compensation

State Street Corp. said Chairman Ronald E. Logue got $28.7 million in total compensation last year, a period in which the company's shares lost nearly 47 percent of their value.

Unlike some of the companies in its peer group, State Street remained profitable, with earnings rising 13 percent from 2007.

State Street got $2 billion in taxpayer capital last October as one of the first companies to sell stock to the government under the Treasury Department's $700 billion Troubled Asset Relief Program. By accepting the money, the company agreed to abide by new restrictions on executive compensation.

Logue's total compensation rose 1.3 percent from 2007. According to State Street's proxy statement for its annual meeting in May, he got $1 million in salary last year, unchanged from the previous year. Logue got no bonus, in keeping with the company's decision not to award any incentive compensation to its top executives last year. He got a cash bonus of $3.75 million in 2007.

Logue received stock awards that State Street valued at $13.4 million, an increase from $7.96 million in 2007. According to the proxy statement, he also got stock options and stock appreciation rights the company valued at $6.44 million, down from $8.2 million last year.

State Street said the stock awards were granted in February 2008 and were part of his incentive compensation for prior years. It said the amounts listed for both categories represented the accounting expenses that the company incurred, rather than their current value.

Logue's stock awards in 2008 included a grant of 50,287 restricted shares. They were worth $81.71 each when they were issued, putting their total value at $4.11 million. At State Street's current stock price, those shares are worth about $1.16 million.

Logue also was awarded stock appreciation rights covering 256,701 shares, at a base price of $81.71. State Street valued that award at $5.41 million. With the steep decline in the company's stock, those rights are currently worthless.

State Street's stock started 2008 at $81.20 a share, and ended at $39.33. It has continued falling in the first three months of this year, closing Monday at $23.12.

Logue's compensation for 2008 also included a $7.78 million increase in the actuarial present value of his accumulated benefits under the company's defined and supplemental pension plans.

State Street said it provided Logue with a car and "driver/security specialist,'' at a cost of $34,695. It also provided home security, at a cost of $18,329.

Joseph J. Hooley, State Street's president and chief operating officer, had total compensation of $11.6 million last year, up 12.6 percent from 2007. The salary portion of that was $763,452, which amounted to an increase of 5.3 percent.

Chief Financial Officer Edward J. Resch had total compensation of $11.4 million, as did Vice Chairman Joseph C. Antonellis. State Street said Hooley and Antonellis also were provided cars and drivers, as well as home security.

 

March 15, 2009 8:40 PM

AIG reveals counterparties

American International Group Inc. finally revealed which financial institutions benefited most from the $170 billion government rescue package that has kept the firm out of bankruptcy.

The three biggest recipients of the public money that AIG passed along to counterparties in various transactions were Goldman Sachs Group Inc. ($12.9 billion), Societe Generale Group ($11.9 billion) and Deutsche Bank ($11.8 billion).

Bank of America Corp. and Merrill Lynch & Co., also figured prominently on the list of payees that AIG included in a surprise press release. The two companies, which completed a merger on Jan. 1, received a collective $12 billion.

AIG got an emergency $85 billion loan from the Federal Reserve last September, as part of a rescue plan that gave the government an 80 percent stake in the insurance and investment firm. The aid package later grew to twice that amount as AIG's troubles deepened.

AIG has been under intense pressure from members of Congress to reveal where the money pouring in and out of the company went.

AIG said $22.4 billion of the initial $85 billion went to provide counterparties to certain credit default swap transactions with additional capital. The biggest recipients of those payments, made between Sept. 16 and Dec. 31, were Societe General, the big French bank ($4.1 billion), Deutsche Bank, of Germany ($2.6 billion) and Goldman Sachs, which has headquarters in New York ($2.5 billion).

Credit default swaps are insurance-like transactions in which a buyer makes payments to a seller -- in this case AIG -- in return for a payout if a specific bond or other debt security goes into default. AIG got hammered when the economy slumped and defaults rose, leaving it unable to make good on all of its obligations.

In November, AIG and the Federal Reserve Bank of New York created an entity called Maiden Lane III to buy the securities underlying some of the credit-default swap transactions from the counterparties, thus cancelling the contracts.

AIG said $27.1 billion was paid out in those transactions. Societe Generale got $6.9 billion from Maiden Lane III, Deutsche Bank got $2.8 billion and Goldman Sachs got $5.6 billion.

Henry M. Paulson Jr., who was Treasury Secretary when the AIG rescue package was put together, is the former chairman and chief executive of Goldman Sachs. Timothy F. Geithner, who succeeded Paulson at Treasury, was president of the Federal Reserve Bank of New York and also played a key role in the AIG bailout.

March 14, 2009 1:20 PM

Behold the Bank of New York Mellon contract

For five months, BailoutSleuth has been waiting for the Treasury Department to provide a complete, unredacted copy of its services agreement with Bank of New York Mellon, the master custodian for the $700 billion Troubled Asset Relief Program.

We finally located one, on a web site that the Treasury Department set up to post copies of its investment contracts with banks, its loan deals with auto makers and other TARP-related documents.

Although the link to the Bank of New York Mellon contract didn't work, we deleted some extraneous elements from the web address and were able to access the document.

The contract reveals information that was blacked out in an earlier version that the Treasury Department made public when it hired the company in October. That version obscured all details of Bank of New York Mellon's compensation, marking an inauspicious start to the Treasury Department's pledge of transparency.

As master custodian, the bank is responsible for keeping track of the billions of dollars in cash and securities flowing through TARP. It also is supposed to assist in the valuation and sale of those assets.

The contract we found on the Treasury Department's web site shows that, for the period from Oct. 14, 2008 through Nov. 30, 2008, Bank of New York Mellon was to be paid a flat fee of $3.87 million. Since Dec. 1, it has been paid under a formula that involves the total dollar amount of the Treasury's investments in bank stock through the so-called Capital Purchase Program, plus the number of transactions completed under other TARP initiatives.

The agreement calls for Bank of New York Mellon to receive a monthly fee equal to one-twelfth of 0.0015 percent of the total amount invested in the shares of the banks, credit card companies and other institutions. The minimum annual fee is $2 million.

As of Friday, when the Treasury Department completed the purchase of $1.2 billion of preferred stock in Discover Financial Services, the total amount invested was at least $198.2 billion. That figure would translate to an annualized fee of $2.97 million.

A report in January by the Government Accountability Office estimated that Bank of New York Mellon's contract was worth $20 million over three years. The bank declined to confirm that number, deferring to the Treasury Department.

The contract on the Treasury Department's site calls for Bank of New York Mellon to get a $15,000 closing fee for every investment under the Systematically Significant Failing Institutions Program, the section of TARP used to provide $40 billion to American International Group Inc. It also includes a $20,000 annual fee for each investment.

The same terms apply to the Treasury Department's investments under the Targeted Investment Program, used to inject an additional $20 billion into both Citigroup Inc. and Bank of America Corp.

Bank of New York Mellon also will get a $15,000 closing fee and a $20,000 annual fee for each transaction under the Auto Industry Financial Program, used to provide aid to General Motors Corp., Chrysler LLC and GMAC LLC.

The contract calls for the bank to get a one-time program fee, not to exceed $360,000, for the Term Asset-Backed Securities Loan Facility Program. That program is designed to spur consumer credit by providing $200 billion in financing to investors who agree to buy up the debt. Bank of New York Mellon also will get a $15,000 closing fee and $20,000 annual fee for each transaction.

BailoutSleuth filed a Freedom of Information Act request in November seeking a full version of the agreement. We have yet to received a decision on that request.

Bank of New York Mellon itself got $3 billion in taxpayer capital through the Capital Purchase Program. It was part of the first group of recipients, who were allocated $125 billion in October.

Its contract as master custodian for TARP runs until Oct. 14, 2011.

 

March 13, 2009 8:56 AM

One approval, one defection

Another bank has been approved for taxpayer capital through the Treasury Department's Troubled Asset Relief Program, which is facing a growing number of defections by prior recipients.

American Community Bancorp Inc., of Evansville, Ind., said it was approved to sell $7.5 million in preferred stock to the government. It is the parent company of the Bank of Evansville. The company reported profits of $1.3 million for 2008, up 157 percent from the prior year. However, it posted a $180,872 loss for the fourth quarter, primarily because of increased loan-loss provisions.

Meanwhile, Sun Bancorp Inc. said it filed notice with the Treasury Department to redeem the $89.3 million in shares it sold to the government through the TARP Capital Purchase Program. Sun Bancorp is based in Vineland, N.J. It has $3.6 billion in assets and operates 70 Sun National Bank branches in its home state.

"When the Capital Purchase Program became available to well capitalized and healthy financial institutions like Sun, it was a positive partnership between the government and business to stimulate the economy through additional lending and support,'' President Thomas X. Geisel said in a prepared statement. "The partnership then became politicized, the rules and regulations changed, and the dynamics of the partnership substantially shifted. These changes significantly restricted the way we support our customers and communities, as well as the way we run our business."

Sun Bancorp is the fourth TARP recipient, out of nearly 500, to notify the Treasury Department of its intent to pull out of the program. Signature Bank, of New York, said Tuesday that it intended to return the $120 million it received.

The chief executive of Independent Bank Corp., which operates Rockland Trust in Massachusetts, said it also might return its $78 million in TARP money. Christopher Oddleifson told The Patriot Ledger in Quincy, Mass., this week that revised compensation rules for banks getting taxpayer capital could make it harder for the company to recruit and retain talented managers.

March 12, 2009 1:58 PM

CA Congresswoman Tied to Bank That Received Bailout Funds

U.S. Rep. Maxine Waters has long-standing ties to a Boston-based bank that received millions of dollars in bailout funding, The Wall Street Journal reported today.

According to the report, the California congresswoman and her husband, Sydney Williams, were investors in two California banks that merged in 2002 to become OneUnited Bank.

OneUnited received $12 million from the Treasury Department's Troubled Asset Relief Program (TARP) in December.

Waters sold her shares in 2004. But according to her most recent financial-disclosure form, dated May 2008, Williams still owned shares whose value was somewhere between $250,000 to $500,000. Williams also served on the bank's board of directors until last year, and got "interest payments from a separate holding at the bank, also worth between $250,000 and $500,000," the Journal reported.

Waters' connection to the bank is important because she is a member of the House Financial Services Committee and has spoken out repeatedly in defense of OneUnited and its executives.

At the height of the banking crisis in September, she made calls to the Treasury Department on OneUnited's behalf to express her displeasure at the department's decision to put Freddie Mac and Fannie Mae under federal receivership. OneUnited had significant investments in the two companies, and their collapsed share prices wiped out much of the bank's capital, leaving it below the level typically needed to qualify for TARP aid.

In addition, The New York Times reported today that Waters also arranged a meeting between OneUnited executives and federal regulators. The Times said that, during the meeting, the company's CEO "seized the opportunity to plead for special assistance for his bank."

"Here you had a tiny community bank that comes in and they are not proposing a broader policy -- they were asking for help for themselves," said Steve Lineberry, a former Treasury aide who attended the meeting. "I don't remember that ever happening before."

According to Treasury officials who attended the meeting and spoke with the Times, Waters did not tell them about her ties to the bank beforehand.

Soon afterward, House Financial Services Committee Chairman Barney Frank inserted language into a TARP bill that was specifically worded to permit bailout funding of OneUnited.

OneUnited has a mixed regulatory history.  The Journal reported that the bank received an "outstanding" Community Reinvestment Act rating for its lending efforts in Los Angeles, but "has weak ratings in Massachusetts and failed to meet minimum standards in Florida."

In October, federal regulators told OneUnited to raise fresh capital, name an independent board, and cease paying for such executives perks as a $6.4 million Southern California beachside house used by its chairman.

BailoutSleuth will continue to follow this matter and update its readers as events warrant.
March 10, 2009 9:58 PM

Treasury Department completes more TARP deals

The Treasury Department has completed investments in 22 additional banks, bringing the number of institutions that have received taxpayer capital within striking range of 500.

 

The latest banks to sell shares to the government through the $700 billion Troubled Asset Relief Program included 16 that had not been on BailoutSleuth's running tally of companies approved for aid.

 

The 22 banks on Tuesday's list got $284.7 million. First Busey Corp., of Urbana, Ill., accounted for $100 million of that total. It announced last month that it had been approved for TARP funds.

 

Park Bancorporation Inc., of Madison, Wis., sold $23.2 million in preferred stock to the government. The bank, like most of the others on the latest list, is privately held.

 

First Reliance Bancshares Inc., of  Florence, S.C., got $15.3 million in TARP funds. First Reliance reported profits of $625,632 for 2008, off 75 percent from 2007. It posted a loss of $1.6 million in the fourth quarter, primarily because of reserves for troubled loans.

 

Three Texas banks also received taxpayer capital in the latest round of deals, which closed on Friday. First Texas BHC Inc., based in Fort Worth, Texas, got $13.5 million. It operates Southwest Bank. Farmers & Merchants Bancshares Inc., of Houston, got $11.0 million and BOH Holdings Inc., also of Houston, got $10 million.

 

PeoplesSouth Bancshares Inc., of Colquitt, Ga., got $12.3 million in TARP funds, and Blue Ridge Banchares Inc., of Independence, Mo., got $12.0 million.

 

Nine other banks that were new to BailoutSleuth's running tally got less than $10 million each. They were:

 

Regent Bancorp Inc. (Davie, Fla.) -- $9.98 million

 

Highlands Independent Bancshares Inc. (Sebring, Fla.) -- $6.7 million

 

First Southwest Bancorporation Inc. (Alamosa, Colo.) -- $5.5 million

 

Germantown Capital Corp. (Germantown, Tenn.) -- $4.97 million

 

Pinnacle Bank Holding Co. (Orange City, Fla.) -- $4.39 million

 

Marine Bank & Trust Co. (Vero Beach, Fla.) -- $3 million

 

AmeriBank Holding Co. (Collinsville, Okla.) -- $2.49 million

 

Merchants and Planters Bancshares Inc. (Toone, Tenn.) -- $1.88 million

 

Community Bancshares of Kansas Inc. (Goff, Kan.) -- $500,000

 

 

March 10, 2009 8:18 AM

Four months, no answer

Four months have passed since BailoutSleuth filed Freedom of Information Act requests for unredacted copies of the Treasury Department's contracts with six companies hired to provide financial and legal services to its Troubled Asset Relief Program.

 

To date, we have received no decision from the government.

 

As BailoutSleuth previously reported, the Treasury Department blacked out or deleted compensation figures and other information from the public versions of the contracts it posted on its web site.

 

The Treasury Department's contract with Bank of New York Mellon, the master custodian for all TARP assets, blacked out the sections of the contract that outlined how much the firm would be paid for its services and how its fees would be determined.

 

A report on TARP transparency by the Government Accountability Office put the estimated value of the deal at $20 million over three years.

 

The Treasury Department's contacts with two accounting firms, Pricewaterhouse Coopers LLP and Ernst & Young, also blacked out information about their deals. Pricewaterhouse Coopers was hired to provide internal controls for the $700 billion TARP fund, while Ernst & Young was hired for general accounting and consulting.

 

The Treasury Department's press release on the accounting contracts did include dollar amounts for the initial orders. But the GAO report showed that the contracts have since been modified or expanded, and that payments to those firms have far exceeded the original amounts.

 

The Treasury Department also blacked out or deleted sections of its agreements with three law firms - Simpson Thacher & Bartlett LLP, Hughes Hubbard and Reed LLP and Squire Sanders Dempsey LLP.

 

The Treasury Department said its deals with Hughes Hubbard and Squires Sanders would be worth around $5.5 million per firm, making them the second and third biggest TARP contacts.

 

BailoutSleuth will keep pushing for full disclosure of the contract details and report back on what we find.

 

March 9, 2009 9:50 PM

Two more banks get TARP money

Two more banks have received taxpayer capital through the Treasury Department's $700 billion Troubled Asset Relief Program.

 

First Federal Bankshares of Arkansas Inc., based in Harrison, Ark., sold $16.5 million in preferred stock to the government. First Federal had profits of $2.5 million last year, off 3.8 percent from 2007. However, fourth quarter earnings were down 70 percent.

 

Citizens Bancshares Corp., of Atlanta, said it got $7.46 million through the Treasury Department's Capital Purchase Program, part of the broader TARP initiative. Citizens Bancshares had profits of $1.17 million through the first nine months of 2008, down nearly 38 percent from the same period in 2007. It said an increase in loan-loss provisions was the biggest factor in the earnings decline.

 

Citizens Bancshares is the parent company of Citizens Trust Bank, which primarily serves African-American customers . It has branches in Georgia and Alabama.

 

Under the Capital Purchase Program, banks sell the government preferred stock that carries a cash dividend of 5 percent a year for the first five years, and 9 percent thereafter.

 

Roughly 470 banks have received taxpayer capital through the program.

 

March 9, 2009 1:59 PM

House Committee Critical of Banks' Spending of TARP Funds

Major banks have made a number of "very large, questionable transactions" since receiving bailout money, a House subcommittee said today.

The House Oversight and Government Reform's domestic policy subcommittee, in a memorandum released ahead of an oversight hearing on Wednesday, also charged that the Treasury Department has failed to sufficiently oversee the Capital Purchase Program, the part of the Troubled Asset Relief Program (TARP) dedicated to shoring up the nation's banks.

According to the committee, none of the questionable transactions were illegal. However, "members of Congress might not consider them the kind  of transactions they believed TARP would subsidize," the memorandum said.

The transactions included a $2 billion repurchase by Goldman Sachs Group, Inc. of its own company stock. Goldman Sachs Group received $10 billion in TARP funds on October 26, 2008.

The subcommittee said it identified the questionable transactions through testimony from Dow Jones & Co., the business information firm.

Also singled out for scrutiny were an $8 billion loan from Citigroup Inc. to public sector entities in Dubai; a $1 billion investment by J.P. Morgan Chase & Co. in the development of cash management and trade finance solutions in India; and a $7 billion investment by Bank of America Corp. in a Chinese bank.

The committee also identified a number of oversight failures by the Treasury Department's Office of Financial Stability (OFS), which administers the TARP program.

OFS's efforts to track the use of bailout funds is limited by the fact that only the 20 largest recipients are required to file monthly reports on their activities. So far, more than 450 banks have received TARP money.

Moreover, the committee noted that the monthly reports "do not provide details about any individual transaction, no matter how significant," and they only address bank lending activities, not other investments or expenditures.

The committee said that, although Treasury has the right under the TARP program to inspect the books of participating banks, it has largely failed to do so, "nor has Treasury questioned any TARP recipient about its use of TARP funds."

The committee will hear testimony on the use and oversight of TARP funds on Wednesday. Witnesses will include Acting Interim Assistant Secretary for Financial Stabilization Neel Kashkari and Neil M. Barofsky, special inspector general for the TARP program.

March 6, 2009 10:42 PM

Regulators close another Georgia bank

If it's Friday, regulators somewhere must be closing a bank. This week, it was Freedom Bank of Georgia, a four-branch operation in the northeastern corner of that state.

 

The Georgia Department of Banking and Finance shut down Freedom Bank and appointed the Federal Deposit Insurance Corp. as receiver. It arranged for Northeast Georgia Bank to take over the deposits and most of the assets.

 

Friday's action marked the eighth straight week that regulators have closed a failing bank. So far this year, 17 banks have gone under, compared with 25 for all of 2008.

 

Freedom Bank was based in Commerce, Ga. It had approximately $161 million in deposits and $173 million in assets. Its branches will reopen on Monday as Northeast Georgia Bank locations.

 

The FDIC said Northeast Georgia Bank agreed to buy $167 million of the failed bank's assets, at a discount of $13.65 million. The FDIC and the bank also agreed to a loss-sharing arrangement covering $96.5 million of those assets.

 

The FDIC estimated that the bank closing will cost its deposit insurance fund $36.2 million.

March 6, 2009 9:48 AM

Fifty banks say no to TARP

German American Bancorp Inc. said this week it would turn down $25 million in taxpayer capital from the Treasury Department and raise funds through a private debt offering instead.

 

German American, of Jasper, Ind., joined roughly 50 other banks that were approved for aid through the $700 billion Troubled Asset Relief Program but have publicly opted out, saying they didn't need the money or objected to the restrictions that would come with it.

 

All told, those banks were approved for some $2 billion.

 

The banks renouncing TARP include institutions of all sizes, from all parts of the country. New York Community Bancorp Inc., of Westbury, N.Y., turned down $596 million, which would have made it one of the top 30 TARP recipients.  Landmark Bancorp Inc., of Manhattan, Kan., declined $12 million in taxpayer capital. American River Bancshares, of Sacramento, Calif, turned down $6 million.

 

BailoutSleuth compiled its list of TARP decliners from press releases issued by the banks, from Securities and Exchange Commission filings and from news accounts. Our roster does not include another large group of banks that would have qualified for TARP funds but withdrew their applications before they were approved.

 

To see an alphabetical list of the banks that have turned down their TARP allotments, click on the link that leads to the rest of the story.

 

If you know of any institutions we've overlooked, please let us know and well add their details.

March 5, 2009 12:25 PM

Loans for sale

A New York Times report about former Countrywide Financial Corp. executives profiting from the Federal Deposit Insurance Corp.'s liquidation of distressed home loans led BailoutSleuth to wonder what else the agency was selling and how it was screening buyers.

 

We found that the FDIC has outsourced the job, turning to several  private companies to auction off the assets left behind by 25 bank failures last year and 16 so far this year.

 

This week, the FDIC is auctioning off $485 million in performing and non-performing loans originated by Silver State Bank in Henderson, Nev., which was closed by regulators on Sept. 5. Bids for that pool of loans were due Tuesday.

 

First Financial Network Inc., of Oklahoma City, Okla., is overseeing the auction, along with at least one other loan sale on the FDIC's calendar. The Debt Exchange Inc., a Boston company that does business as DebtX, is handling the sale of $532 million in loans for the FDIC later this month. Those assets -- which represent the remains of five different banks -- include everything from real estate loans to consumer loans and commercial and industrial loans.

 

Keefe Bruyette & Woods Inc., a New York investment firm, handled the recent sale of $1.45 billion in residential and commercial loans from the failed First National Bank of Nevada, in Reno, and an affiliate, First Heritage Bank of Newport Beach, Calif.

 

BailoutSleuth has been hearing some interesting things about that auction, in which a Minnesota bank got $730 in residential real estate loans and an obscure Salt Lake City company got more than $700 million in commercial real estate loans. We will report more details on that sale as we confirm what we've been told.

 

The New York Times reported this week that Private National Mortgage Acceptance Company LLC (PennyMac), run by former Countrywide President Stanford L. Kurland, has been snapping up loans from struggling or failed financial institutions.

 

In one deal, the Times reported, PennyMac bought control of roughly $560 million in largely delinquent home loans for $43.2 million. Those loans were originated by First National Bank of Nevada, which was seized by regulators in July. First National Bank's portfolio was marketed for the FDIC by Stifel, Nicolaus & Co. of St. Louis.

 

PennyMac is backed by two hedge fund operators, BlackRock Inc. of New York and Highfields Capital Management LP of Boston.

 

The New York Times reported that more than a dozen former Countrywide executives are working at PennyMac, which has headquarters in Calabasas, Calif. Countrywide has been widely blamed for helping touch off the nation's current economic crisis, by making loans to legions of risky borrowers who either defaulted on their mortgages or are in danger of doing so. 

 

Countrywide's activities are the subject of investigations by the Securities and Exchange Commission and the Justice Department, Neither probe has produced charges against the company or its executives. Bank of America Corp. bought Countrywide last year.

 

March 4, 2009 3:40 AM

Is the FDIC sellling loans to flippers?

The Federal Deposit Insurance Corp. said last week that it sold $1.45 billion in real-estate loans through partnership deals with two private bidders, unloading some of the assets of a failed Nevada bank.

 

One of the winning bidders was a generically named entity called Diversified Business Strategies. The press release provided no additional information, but BailoutSleuth found that Diversified Business Strategies was a limited liability company formed in May 2007 by a Salt Lake City lawyer and two real estate agents.

 

No sooner had the FDIC announced the deal than Sorenson Group Holdings LLC, controlled by one of Utah's most prominent families, said it had acquired Diversified Business Strategies' interest in $701 million of commercial real estate loans once held by failed banks.

 

BailoutSleuth has been trying to get more information from the FDIC about how Diversified Business Strategies won the bidding, what it presented as its bona fides and whether it disclosed it would be selling the loans. The FDIC has not responded to our queries, nor have the other participants in the deals.

 

We will provide more information on this deal as we uncover it.

March 3, 2009 6:47 PM

Another round of TARP investments

The Treasury Department said Tuesday it completed investments in 28 U.S. banks, including 21 that had not previously appeared on BailoutSleuth's running tally of institutions getting taxpayer capital.

 

The deals were worth $394.9 million, lifting the total amount that the government has invested through its stock-purchase program to nearly $196.8 billion.

 

All but a handful of the banks on this week's list are privately held. The Treasury Department's stock purchases are part of the broader $700 billion Troubled Asset Relief Program.

 

Lakeland Financial Corp., of Warsaw, Ind., got the biggest capital injection -- $56 million. Its subsidiary, Lake City Bank, serves 12 counties in northern Indiana. The company reported profits of $19.7 million for 2008, up 2.6 percent from 2007.

 

TriState Capital Holdings Inc., which has headquarters in Pittsburgh, got $23.0 million in taxpayer capital. The privately held company has branches in Pennsylvania, Ohio and New Jersey.

 

Central Bancorp Inc., of Garland, Tex., sold $22.5 million in preferred stock to the government, while Community First Inc., of Columbia, Tenn., sold $17.8 million worth.

 

Southern First Bancshares Inc., of Greenville, S.C., got $17.3 million in TARP funds. The company reported profits of $1.9 million last year, down 44.1 percent from 2007. It attributed the decline to increased loan-loss provisions and a writeoff on its shares in Fannie Mae, the mortgage giant that was taken over by the government.

 

Two other banks got more than $10 million each in the Treasury Department's latest round of investments. Under the program, the government buys preferred stock that pays cash dividends of 5 percent annually for the first five years, and 9 percent thereafter.

 

Medallion Bank, of Salt Lake City got $11.8 million in taxpayer capital. Ridgestone Financial Services Inc., of Brookfield, Wis., got $10.9 million.

 

To see the other banks that got TARP funds in the latest round of transactions, follow the link to the rest of the story.

 

March 3, 2009 1:46 PM

Another Bank To Return TARP Money

TCF Financial Corp., which received $361.2 million through the Treasury Department's Troubled Asset Relief Fund (TARP), has changed its mind and wishes to return the money.

The company said that it had filed notice with the Treasury Department to redeem all of the 361,172 outstanding shares of preferred stock the government purchased in November as part of its effort to inject capital into the banking system.

The Wayzata, Minnesota-based bank said that it was motivated by the public perception that institutions that took TARP money were in bad financial shape.

"The rules have definitely changed" since November, said TCF Chairman and Chief Executive Officer William A. Cooper, who noted that the program was originally intended to shore up banks with healthy balance sheets.

"Recent actions by the U.S. Treasury and possible congressional or regulatory restrictions/mandates changed the rules," said Cooper.  "As a result, public perception views those banks that took the TARP money as having done so out of weakness and a need to survive without distinction among TARP programs or individual bank capital adequacy."

Cooper did not elaborate on the government action he described, but continuing problems with the banking system since the beginning of the TARP program have attracted significant criticism for failing to revive the economy.

TCF is the second bank to formally apply to redeem stock purchased under the TARP program. In late February, Louisiana-based Iberiabank Corp. announced that it had asked to return the $90 million it had received in December. Northern Trust Corp., of Chicago, has said it also intends to repay the $1.57 billion in TARP money it received "as quickly as possible.''
March 3, 2009 10:40 AM

More banks get TARP bucks

Four more banks have announced their acceptance into the Treasury Department's $700 billion Troubled Asset Relief Program.

 

National Bancshares Inc., based in Bettendorf, Iowa, said it sold $24.6 million in preferred stock to the government in a deal completed Friday. The privately held company owns THE National Bank, which has branches in Iowa, Illinois and Minnesota.

 

D.L. Evans Bank, of Albion, Idaho, said it was approved for $19.9 million in taxpayer capital. The privately held company has 13 branches throughout Idaho. 

 

FNB Bancorp, of South San Francisco, Calif., got $12 million in TARP funds. FNB reported earnings of $3.96 million in 2008, down 40.7 percent from 2007. The company took $3.04 million in loan-loss provisions, up from $690,000 a year earlier.

 

Another Bay Area institution, California Bank of Commerce, said it sold $4 million in preferred stock to the government. The bank, in Lafayette, Calif., was created in 2007 and targets middle-market businesses and professionals.

 

The Treasury Department has been releasing weekly summaries of completed TARP transactions, in keeping with its pledge to disclose the deals within five to 10 business days of their closing.

 

A new list is likely in the next day or so. To find summaries of all of the Treasury Department's bailout-related transactions, click on this link.

March 2, 2009 2:54 PM

Bank wants out of TARP

Iberiabank Corp., which got $90 million in taxpayer capital through the Treasury Department's Troubled Asset Relief Program, says it objects to changes in the program and wants to return the money.

 

The company said it has filed notice with the Treasury Department to redeem the preferred stock it sold the government, along with accumulated interest of $575,000.

 

Iberiabank is based in Lafayette, La. and has banking operations in eight states. It was approved last November for up to $115 million in TARP money. It finalized a deal in early December for $90 million.

 

Although Iberiabank initially thought it could use the money to help stimulate the credit markets -- as Congress intended when it approved the $700 billion TARP initiative -- new rules governing participants changed its mind, President Daryl G. Byrd said.

 

"We believe recent actions, interpretations, and commentary regarding various aspects of the program places our Company at an unacceptable competitive disadvantage,'' Byrd said in a prepared statement. "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."  

 

Iberiabank is the only bank that has formally begun the process of buying back the shares it issued to the government. But Northern Trust Corp., of Chicago, said it also intends to repay the $1.57 billion in TARP money it received "as quicky as possible.''

 

Northern Trust drew criticism last week for splurging on three days of festivities tied to its sponsorship of a Professional Golfers Association of America event, the Northern Trust Open.

 

According to news reports, the company spent $100,000 to hire the band Chicago for a private concert, and paid undisclosed sums to two other musical acts, Sheryl Crow and Earth, Wind & fire. In addition, it flew employees and guests to the Los Angeles area for the event and put them up in some of the top hotels in the area.

 

Northern Trust said it did not spend any TARP money on the event, noting that the program prohibits the use of those funds for advertising, marketing and entertainment.

 

March 2, 2009 1:36 PM

U.S. To Loan AIG An Additional $30 Billion

The federal government will loan American International Group Inc. an additional $30 billion and loosen significantly the terms of its earlier aid to the company, AIG said today.

The decision, which follows a series of loans and stock purchases by the government totaling $150 billion, came as the insurance giant announced a record-setting $61.7 billion quarterly loss.

Government officials and company executives worked throughout the weekend in consultation with the ratings agencies to make the deal.

"Given the system risk AIG continues to pose and the fragility of markets today, the potential cost to the economy and the taxpayer of government inaction would be extremely high," the Treasury Department said in a press release announcing the latest restructuring plan.

AIG provides insurance to more than 100,000 small businesses, municipalities, Fortune 500 companies and other entities that collectively employ more than 100 million Americans, the Treasury Department noted.

The company has more than 30 million policy holders in the United States. It also is a counterparty in transactions with a number of major financial institutions -- including some of the other companies that have received billions in taxpayer capital through the Treasury Department's Troubled Asset Relief Program (TARP).

Under the terms of the new agreement, the government will make available to AIG an additional $30 billion in TARP money, though the company is not expected to take the funds immediately.

To help AIG conserve cash, the government also agreed to change some of the terms of its earlier agreements. Under the new terms, $40 billion in preferred non-voting shares the government bought to help recapitalize the company would be converted into shares that don't require a 10 percent dividend payment. The arrangement would save AIG $4 billion a year.

The deal also includes the government's agreement to lower the interest on its debt to the London Interbank Offered Rate (LIBOR), a decrease of 3 percentage points that could save AIG an additional $1 billion a year. In addition, the government agreed to convert some of its debt into equity in two AIG subsidiaries in Asia, American International Assurance and the American Life Insurance Co.

Whether any of these arrangements will pay off for American taxpayers is unclear. AIG has been trying to sell its Asian subsidiaries for some time now, and critics say that the fact that the U.S. government is buying shares in them now suggests they did so at pricier terms than private investors were willing to give.

In addition, none of these agreements touched on AIG's ongoing dispute with the Internal Revenue Service over a $316 million charge related to controversial tax arbitrage transactions.  The Wall Street Journal reported today that AIG sued the federal government on Friday over the issue, a move that the paper said "highlights the awkwardness of national control of AIG."
 
 
Chris Carey, Editor
chris@bailoutsleuth.com

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