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Entries from July 2009

Andrew Cuomo Exposes Big Bonuses at Bailed Out Banks

July 31, 2009 · Leave a Comment

New York: Citigroup, which got $45 billion in govt. money, paid over $5 billion in bonuses

  • By Stephen Bernard, AP Business Writer
  • On Thursday July 30, 2009, 8:40 pm EDT

NEW YORK (AP) — Citigroup Inc., one of the biggest recipients of U.S. government bailout money, gave employees $5.33 billion in bonuses for 2008, New York’s attorney general said Thursday in a report detailing the payouts by nine big banks.

The report from Attorney General Andrew Cuomo’s office focused on 2008 bonuses paid to the initial nine banks that received loans under the government’s Troubled Asset Relief Program (TARP) last fall. Cuomo has joined other government officials in criticizing the banks for paying out big bonuses while accepting taxpayer money.

Comparisons to historical payouts weren’t available, as the banks are not required to disclose the information publicly. They provided 2008 details to Cuomo’s office under subpoena.

Cuomo’s office found that the companies, which also included Bank of America Corp., Merrill Lynch & Co., JPMorgan Chase & Co. and Goldman Sachs Group Inc., awarded nearly 4,800 million-dollar-plus bonuses, with much of the money going to Wall Street investment bankers.

Citigroup, which is now one-third owned by the government as a result of the bailout, gave 738 of its employees bonuses of at least $1 million, even after it lost $18.7 billion during the year, Cuomo’s office said. The bank’s top four recipients received a combined $43.7 million.

The New York-based bank received $45 billion in government money and guarantees to protect it against hundreds of billions of dollars on potential losses from risky investments.

“There is no clear rhyme or reason to the way banks compensate and reward their employees,” Cuomo said in the report, noting banks have not in recent years actually tied pay to performance as they claim when describing their compensation programs. Cuomo added that when banks’ performance deteriorated significantly, “they were bailed out by taxpayers and their employees were still paid well.”

Bank of America, which also received $45 billion in TARP money, paid $3.3 billion in bonuses, with 172 employees receiving at least $1 million and the top four recipients receiving a combined $64 million. Merrill Lynch, which Charlotte, North Carolina-based Bank of America acquired during the credit crisis, paid out $3.6 billion, including a combined $121 million to four top employees.

Bank of America earned $2.56 billion in 2008, while Merrill lost $30.48 billion. Cuomo’s office said Merrill Lynch doled out 696 bonuses of at least $1 million for 2008.

Bank of America has been sharply criticized for its acquisition of Merrill Lynch because of mounting losses at the Wall Street bank and the size of bonuses Merrill paid its employees. Of the $45 billion in bailout funds Bank of America received, $20 billion was to support the acquisition of Merrill. Neither Bank of America nor Citigroup have repaid their TARP loans.

A Bank of America spokesman declined to comment on the report. A spokesman for Citigroup did not return repeated calls for comment.

Banks have said they needed to pay their top performing employees to prevent them from defecting to competitors. Companies that accepted TARP money have faced intense government scrutiny and must now comply with restrictions on compensation, including bonuses.

Because of those restrictions, some banks began shifting how they pay their workers. In June, Citigroup said it would rebalance how it pays employees, by reducing bonuses for some and instead giving them larger salaries. The change does not effect total pay, just the mix in compensation.

President Barack Obama last month named Kenneth Feinberg to oversee compensation given to the 100 highest-paid employees at banks and other firms that received the largest government bailouts, including Citigroup and Bank of America.

However, his oversight does not include reviewing bonus payments tied to 2008. He can only review plans starting with 2009 compensation. Companies have until Aug. 13 to submit compensation plans to Feinberg.

Asked about the attorney general’s report, White House press secretary Robert Gibbs said he had not seen it.

“I think the president continues to believe that the American people don’t begrudge people making money for what they do as long as … we’re not basically incentivizing wild risk-taking that somebody else picks up the tab for,” Gibbs said.

Rep. Edolphus Towns, chairman of the House Oversight and Government Reform Committee, said Cuomo’s report was appalling.

“This egregious behavior proves that Wall Street still doesn’t get that times have changed and the old way of paying executives is long gone,” said Towns.

JPMorgan Chase and Goldman Sachs, which are considered among the healthiest banks and that have already repaid TARP funds they received, paid out the most bonuses of more than $1 million.

Goldman gave 953 workers bonuses of at least $1 million, with its four most highly compensated employees receiving a combined total of nearly $46 million. JPMorgan gave 1,626 employees at least $1 million, and its top four recipients received a combined $74.8 million. The two banks each gave more than 200 employees bonuses in excess of $3 million.

JPMorgan spokesman Tom Kelly said the bank took TARP money “at the government’s request, even though we didn’t need it, because it was good for the overall financial system, and we paid it back as soon as we were allowed to.”

JPMorgan repaid the $25 billion in TARP money it received last month. Goldman repaid the $10 billion it received.

A Goldman Sachs spokesman did not return repeated calls for comment.

The government launched the bailout program at the peak of the credit crisis last fall, shortly after investment bank Lehman Brothers Holdings Inc. failed and insurer American International Group Inc. only survived with the support of the government.

Democratic lawmakers say excessive salaries and bonuses encouraged risk-taking on Wall Street and contributed to the financial crisis.

They are pushing legislation, expected to pass the House on Friday, that would ban “incentive-based” pay that regulators determine could threaten the economy or viability of the institution. Regulators would be given 270 days after the bill is enacted to hash out the details.

Bank of New York Mellon, Morgan Stanley, State Street Corp. and Wells Fargo & Co. were the other four banks that initially received bailout money. All but Wells Fargo, which received $25 billion and paid out $977.5 million in bonuses, repaid their loans last month.

Spokespeople from Morgan Stanley and Wells Fargo declined to comment on the attorney general’s report. Spokespeople for BNY Mellon and State Street were not immediately available to comment.

AP Business Writer Ieva M. Augstums in Charlotte, North Carolina and Associated Press Writers Darlene Superville and Anne Flaherty in Washington contributed to this report.

Copyright © 2009 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten, or redistributed without the prior written authority of The Associated Press.

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Comerica Bank Sued Regarding a $50,000,000 Ponzi Scheme

July 25, 2009 · Leave a Comment

freep.com


July 23, 2009

BANKING: Bank accused of scheme aid

Comerica Inc., the Dallas-based lender that took $2.25 billion from the U.S. bank rescue fund, was accused in a lawsuit of aiding a $50-million Ponzi scheme.

The bank helped the scheme that ended in October 2002 by allowing Four Star Financial Services LLC to hide money from creditors to make it appear it was solvent, according to the complaint filed July 20 in federal court in San Jose, Calif.

“Four Star would not have been able to operate the Four Star Ponzi scheme but for the active and knowing cooperation and assistance of Comerica,” according to the complaint filed by Four Star investors, who say they were defrauded of $50 million.

Wendy Walker, a spokeswoman for Comerica, didn’t return a call seeking comment.
Similar ponzi case below:

Associated Press – San Francisco Chronicle Settlement reached in investor-related Ponzi scheme 2004-09-15

Former bankers for EarthLink co-founder Reed Slatkin have agreed to pay $26.5 million to settle a lawsuit alleging that they helped him appear to be an investment advisor while he operated a multi-million dollar Ponzi scheme.

Attorneys involved in the 2-year-old lawsuit said the last of the documents were being signed Monday but still must be approved by U.S. District Judge Margaret Morrow in Los Angeles. The recovery would be the largest yet for investors in what Slatkin has admitted was a fraud that began in the mid-1980s and was revealed in 2001.

The settling defendants included Union Bank of California and Bank of Orange County. Other defendants were Imperial Management Inc., the former trust division of Imperial Bancorp, an Inglewood bank acquired in 2000 by Comerica Inc., and Mary Catherine Leider, a former vice president in Imperial’s trust division who handled accounts for some Slatkin investors

Bankers for Slatkin Agree to Settle Suit

By E. Scott Reckard, Times Staff Writer

September 14, 2004

Reed Slatkin’s former bankers have agreed to pay $26.5 million to settle a lawsuit contending that they helped him appear to be a legitimate investment advisor while he ran a $593-million Ponzi scheme, attorneys in the case said Monday.

The recovery would be by far the largest yet for investors in what Slatkin, a co-founder of EarthLink Inc., has admitted was a fraud that began in the mid-1980s and was unmasked in 2001. In the scheme, Slatkin paid off some of his investors with money raised from newer clients.

The last of the documents settling the 2-year-old suit against the bankers were being signed Monday, lawyers said. The deal also must be approved by U.S. District Judge Margaret Morrow in Los Angeles.

The settling defendants included Union Bank of California and Bank of Orange County. Other defendants were Imperial Management Inc., the former trust division of Imperial Bancorp, an Inglewood bank acquired in 2000 by Comerica Inc., and Mary Catherine Leider, a former vice president in Imperial’s trust division who handled accounts for some Slatkin investors.

The settlement documents didn’t disclose how much each of the defendants and their insurers were to provide toward the $26.5 million.

None of the defendants admitted wrongdoing.

The lawsuit accused Union, Bank of Orange County, Imperial and Comerica Inc. of participating in fraud by providing Slatkin with credit and overdraft protection, allowing him to commingle personal and investor funds and lending their names and prestige to his operations. Leider was accused of accepting financial favors from Slatkin in return for steering business his way.

Comerica, which was dismissed as a defendant this year (see separate settlement below), declined to comment, as did attorneys for Imperial Management, Leider and Bank of Orange County, a division of Sacramento-based Placer Sierra Bancshares.

Union Bank spokeswoman Joanne Curran said her San Francisco-based company inherited Slatkin investor accounts when it bought Imperial’s trust business in 1999.

“Our goal throughout this process has been to compensate our customers for their loss,” Curran said.

Slatkin, whose clientele included a number of prominent actors, models and other celebrities, pleaded guilty to fraud, conspiracy and money laundering and is serving a 14-year federal prison term in Taft, Calif.

A group of the largest Slatkin investors and their lawyers at the Kirkland & Ellis legal firm are to receive about $15.5 million of the proposed settlement, according to K&E attorney R. Alexander Pilmer.

An additional $11 million will be set aside to cover losses and legal costs for hundreds of additional investors who gave Slatkin more money than they received back in alleged earnings, according to the settlement agreement being circulated for approval.

In a separate settlement Feb. 27, Comerica, Union, Imperial and Bank of Orange County previously agreed to return about $1 million in fees that Slatkin had paid them to handle his personal and business accounts.

Slatkin raised a total of $593 million from investors and recycled much of that back to them in what he claimed were investment returns. But when his fraud was revealed, his investors came up short by more than $200 million.

Efforts to reclaim losses have included “fraudulent transfer” lawsuits against investors who came out ahead, including actors Peter Coyote and Joe Pantoliano, as well as liquidation of Slatkin’s assets.

The proposed settlement of $26.5 million with the banks, reached after several days of mediation by a retired judge, “would be by far the single largest recovery for the creditors,” Wynne said.

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