Washed It!

For former insiders at some of the several hundred banks that collapsed during the financial crisis and in its aftermath, a day of reckoning has arrived.

The Federal Deposit Insurance Corp. has told dozens of former bank officers and directors that it has drawn up lawsuits accusing them of misdeeds such as fraud and breach of fiduciary duty. The federal agency is seeking damages to help offset losses in the nation’s deposit insurance fund.

It’s time, the FDIC warns these officials, to sit down and work out settlements — or head to court to decide the matters there.

The letters being sent by the agency are “very detailed,” said Jeffrey A. Tisdale, a Los Angeles lawyer for former officials of five banks targeted by the agency.

“I mean eight to 10 single-spaced pages of purported misdeeds,” he said.

The showdowns follow FDIC probes that typically take well over a year.

“We’re only doing this after careful investigation. We don’t bring suit every time a bank fails,” said Richard Osterman, the FDIC’s acting general counsel.

The FDIC board has authorized suits seeking to recover more than $2 billion from more than 80 former bank officials, up from about 50 a month ago, Osterman said. The number could multiply as the agency works through its investigative backlog.

The agency could end up suing or settling with former insiders of about one-quarter of the more than 300 banks that have failed since the start of 2008, officials say.

“This is only the first wave,” Tisdale said. “I’ve got my next five-year professional plan laid out pretty well.”

Although the FDIC says it will try to settle the cases, officials expect to file a significant number of suits. Criminal charges could result in a few cases.

“We are investigating [criminal] bank fraud and related cases in many different parts of the country, including in California,” said Fred Gibson, deputy inspector general at the agency.

So far only two civil suits have been filed. The first, filed in July, accuses four executives of Pasadena’s defunct IndyMac Bank of negligence in granting construction and development loans that the suit says were unlikely to be repaid. The defendants are contesting the suit, which seeks $300 million in damages.

Last week, the FDIC sued 11 former insiders at defunct Heritage Community Bank in Glenwood, Ill. Calling the case “regrettable and wrong,” defense lawyers said in a statement that their clients, in failing to foresee the economic meltdown, were no different from Wall Street and the FDIC itself.

Tisdale concurs that the FDIC is going after people for failing to accurately predict the future.

“The economy is the real culprit here,” he said. “There was no way to plan for real estate values dropping 30% to 50% throughout California, Nevada and Arizona.”

But Darren Robbins, a San Diego lawyer who specializes in filing investment fraud suits, says the FDIC has plenty to work with just by looking at what banks said about their assets toward the end of the boom.

“It’s our belief that in places like Illinois, Georgia, California and Arizona there was an inordinate amount of game-playing with financial statements in ‘07 and ‘08,” said Robbins, whose firm has fraud suits pending against several casualties of the bust, including PFF Bancorp, the former parent company of Pomona’s PFF Bank & Trust, which failed in November 2008.

In targeting the former officials, the FDIC typically also has its eyes on insurance companies that would be on the hook for damages stemming from alleged misconduct by the bankers. In many cases, the FDIC formally gave notice of possible litigation months ago, just before the expiration of the relevant insurance policies, to ensure that the coverage would apply.

Some policies covering directors and officers don’t apply to actions by the FDIC. In such cases, the agency is going after bank officials only if they have sufficient assets to justify the expense and risk of litigation, Osterman said.

The FDIC’s litigation strategy borrows from a playbook the agency used after the savings and loan meltdown of about two decades ago. From 1986 through 1996 the FDIC recovered $5.1 billion from former insiders at failed banks and savings and loans, Osterman said. That’s a small fraction of the eventual cost of the S&L crisis.

scott.reckard@latimes.com
FDIC prepares to crack down on officials of failed banks

With redistricting on every politician’s mind, voters will choose some three dozen governors on Tuesday, and Republicans are expected to win the lion’s share of those races, according to the latest polls.

Democrats have a slight edge over Republicans going into the midterm elections, but GOP officials have said they expect to pick up at least six governors’ chairs to bring their total to more than 30. The Republican count could go higher since the latest polls have several races too close to call, including in the pivotal state of Florida.

According to a Quinnipiac University poll released Monday, Florida Chief Financial Officer Alex Sink holds a statistically insignificant 1-point lead over former healthcare executive Rick Scott. But the key will be the 9% of the electorate still undecided, said Peter A. Brown, assistant director of polling.

Sink, the Democrat, was further ahead in previous polls, so the current survey shows Scott, the Republican, with some momentum. The margin of error is plus or minus 3.2 points.

The final Ohio Poll is more optimistic for the GOP, showing Republicans capturing both the governor’s race and the Senate seat. Top Democrats, including President Obama, Vice President Joe Biden and former President Clinton, campaigned in Ohio throughout the weekend, hoping to reverse those predictions.

According to the poll, former Republican Congressman John Kasich has 52% of the vote while Gov. Ted Strickland is at 47.7%. On the Senate side, former Congressman Rob Portman was at 60% to Democratic Lt. Gov. Lee Fisher’s 39.2%.

The Ohio Poll is conducted by the Institute for Policy Research at the University of Cincinnati and has a margin of error of plus or minus 3.2%.

The gubernatorial races are important because congressional and local legislative districts will be redrawn this year after the census. Traditionally, the party in power has more sway in determining the composition of the districts for the next decade.

In addition, Ohio and Florida are considered pivotal to President Obama’s reelection chances in 2012.

Obama moved both Ohio and Florida into the Democratic column in 2008 after former President George Bush carried them in 2004.

michael.muskal@latimes.com
twitter.com/LATimesmuskal
Polls give GOP the edge in governors’ races

The Commerce Department on Friday downgraded the nation’s economic growth in the second quarter, providing the most important evidence yet that the recovery has stalled.

The anemic annualized growth rate of 1.6% was down from last month’s estimate of 2.4%. The drop was slightly less than many economists had predicted, but the report still put an exclamation point on a week of bad economic news that has raised fears the nation could plunge into another recession.

Responding to those concerns, Federal Reserve Chairman Ben S. Bernanke said Friday that the central bank was prepared to step in if necessary to help provide additional stimulus to the economy and avoid the type of debilitating deflation that struck Japan in the 1990s.

He outlined three possible options, including expanding its purchases of long-term securities to pump more money into the economy and signaling that the central bank will keep its short-term interest rate near zero for longer than the vague “extended period” it has promised.

“The Federal Reserve is already supporting the economic recovery by maintaining an extraordinarily accommodative monetary policy, using multiple tools,” Bernanke told a major economic gathering in Jackson Hole, Wyo., according to a copy of his remarks released by the Fed.

“Should further action prove necessary, policy options are available to provide additional stimulus. Any deployment of these options requires a careful comparison of benefit and cost.”

In his highly anticipated comments, Bernanke added that despite the “recent slowing” in economic growth, “it is reasonable to expect some pickup in growth in 2011 and in subsequent years.” But the high unemployment – at 9.5% in July – is expected to “decline only slowly,” he said.

“The prospect of high unemployment for a long period of time remains a central concern of policy,” Bernanke said.

The Commerce Department’s Bureau of Economic Analysis said Friday’s downward revision was based on more complete data and “primarily reflected a sharp acceleration in imports and a sharp deceleration in private inventory investment” by businesses. Those drops were partially offset by an increase in residential and nonresidential investment, as well as increases in federal, state and local government spending.

Federal stimulus and other spending was a big boost from April through June, with expenditures and investment up 9.1% in the second quarter, compared with an increase of 1.8% in the first quarter of the year, the report said. But the nonpartisan Congressional Budget Office reported this week that the effect of last year’s $814-billion stimulus legislation would gradually diminish in the second half of the year.

The widening trade deficit was a major drag on the recovery in the second quarter. Real exports of goods and services increased 9.1% in the second quarter, compared with an 11.4% increase in the first quarter. Imports soared 32.4% in the second quarter after rising 11.2% in the first.

The government routinely revises its reports on domestic economic output, also known as Gross Domestic Product.

Friday’s revision comes after an advance estimate of second-quarter GDP that was released July 30. The average revision is about 0.5%.

Economists had projected second-quarter GDP could fall to 1.3% or lower. Still, Friday’s report was discouraging because growth below 2% reflects a very weak recovery. The economy had grown at a 3.7% rate in the first quarter and 5% in the final three months of last year.

The downward revision follows horrible housing reports that hit Tuesday.

Thursday brought some more potentially discouraging news on home foreclosures and unemployment. Investors demonstrated their concern, dropping the blue-chip Dow Jones industrial average 74 points to close below 10,000 Thursday for the first time since early July.

The Dow was up slight in early trading Friday. Consumer sentiment in August remained largely unchanged, according to survey results released Friday by Thompson Reuters and the University of Michigan. Only one in four households expected their finances to improve in the year ahead, the survey found.

The downward revision of second-quarter economic activity came as other forecasts projected slow growth.

Last month, Federal Reserve Chairman Ben S. Bernanke declared that the economic outlook was “unusually uncertain.” Concerned about the pace of recovery, the Fed this month decided to start buying U.S. Treasury bonds again to keep down longer-term interest rates.

The central bank this year had begun pulling back its extraordinary support for the financial system, but jumped back into the bond market this month because Fed policymakers said the recovery “appeared more modest in the near term than had been anticipated.”

Bernanke is set to address the economic situation later Friday morning in a speech at the Fed’s annual Economic Policy Symposium in Jackson Hole, Wyo., a high-level gathering of central bankers, finance ministers, academics and industry executives from around the world. It will be his first public comments since the Fed announced its plan to resume purchases of Treasury bonds.

But with the Fed’s benchmark short-term interest rate near zero, its policy options are limited. The Fed’s most recent economic forecast, in late June, called for economic growth of 3% to 3.5% this year, slower than the 4% growth in the last half of 2009.

Bernanke said Friday that the central bank could decide to expand its purchases of long-term securities, signaling low interest rates will last much longer, or lower the interest rate the Fed pays to commercial banks for their reserves, which would encourage them to lend the money.

He said there was not a significant risk of the economy “falling into deflation” – a harmful cycle of lower prices that damages growth. But he said the Fed was prepared to act in such a case to “strongly resist deviations from price stability in the downward direction.”

jim.puzzanghera@latimes.com
Downward revision of GDP growth a strong signal of stalled recovery

A congressional panel set the stage Monday for an ethics trial for Rep. Maxine Waters, one of Los Angeles’ most enduring liberal politicians, over her actions involving a bank with ties to her husband that received federal bailout funds.

Without detailing the accusations, the House Ethics Committee released an investigative report that found “substantial reason” to believe that Waters may have violated ethics rules. The case centers on a meeting Waters set up in September 2008, during the financial crisis, between Treasury Department officials and representatives of minority-owned banks.