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Tuesday, June 11, 2013

| 06.11.13 | Lawsuits target fraud that provides big fees to banks

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FierceFinance

June 11, 2013
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Today's Top Stories

  1. Proposal on SGEs might crimp Wells Fargo
  2. Saga of a Goldman Sachs janitor
  3. Icahn, Southeastern reach out to potential Dell CEOs
  4. Hedge fund exec marries Princess, declines royal life
  5. Lawsuits target fraud that provides big fees to banks

Also Noted: Spotlight On... Commercial loan bubble building?
Barclays confronts hostility to banks and much more...


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Events

> Investment Consultants Forum - The Crowne Plaza Times Square, New York, NY - March 2, 2012
> NFC Ticketing Europe 2012 - March 20-21 - London
> Public Funds Summit East - July 22-24 - Newport, RI - Newport Marriott
> 2013 ABA National and Graduate Trust Schools - September 22-27 - Atlanta, GA
> The 2013 Cyber Security Summit - September 25 - New York, NY
> ABA Compliance Schools - October 19-25 - Atlanta, GA

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Today's Top News

1. Proposal on SGEs might crimp Wells Fargo

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

Now that Fannie Mae and Freddie Mac are faring so well, the once loud chatter about shutting them down permanently has subsided. Indeed, they are both projected to make massive payments this year on the $187.5 billion in bailout funds that they received in bailout funds. And that has proven to be a wonderful budget windfall for the government. But the idea that the housing GSEs should be shuttered has not gone away.

The Los Angeles Times notes a recently leaked Congressional plan to "replace them with a new backer of housing debt, the Federal Mortgage Insurance Corp., as a bridge to creating a fully private mortgage market."

The idea is to stimulate home lending at small banks and credit unions by maintaining a secondary market in more limited form. No single lender could account for more than 15 percent of mortgage securities backed by the new agency.

As it turns out, in the first quarter of this year, Wells Fargo accounted for nearly 18 percent of Fannie and Freddie MBSs, according to Inside Mortgage Finance. "That was down from even bigger market shares for the San Francisco bank after the mortgage meltdown crippled many home lenders."

So it would appear that the transition might end up crimping the mortgage giant, which has soared to become the No. 1 mortgage lender in terms of market share.

To be sure, this latest Congressional proposal is not likely to go anywhere. The fact that the two GSEs are generating revenue at a rapid clip for the government has bought them some time. In the short-term, the revenue windfall will keep reform on the back burner, though it will crop up as political issue now and again.

For more:
- here's the item

Read more about: GSEs, GSE
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2. Saga of a Goldman Sachs janitor

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

Financial professionals at Goldman Sachs probably do not know the janitorial staff well, and most janitors are contractors, working through a third-party firm. But that doesn't mean the janitors aren't loyal.

During Superstorm Sandy, many janitors bunked on the seventh floor, staying through the nights to make sure the building remained business ready. One janitor, however, ended up out on the streets in the aftermath of the storm, and he has decided to sue.

Mike Zecevic blames ABM Industries, the third-party contractor that provides janitorial services for the bank, for what turned out to be a harrowing night.  

According to the New York Daily News, Zecevic claims that AMB tossed him out of the building, for "allegedly stealing $100 from the discarded shirt of a co-worker who now has his job — a charge he denies." Zecevic, 42, is suing ABM for $10 million. He says that after he was kicked out of the building, he was forced to walk back to his apartment in Staten Island. It took him 15 water-filled hours to get home.

To this day, he told the paper, "I still have nightmares dreaming that I'd step on an electric wire or drown."

Zecevic does not think Goldman Sachs did anything wrong. In fact, he has nothing but praise for the bank and would like his old job back. Says his lawyer: "Goldman Sachs is not to blame, they have been very supportive of Zecevic's case."

For more:
- here's the article

Read more about: Goldman Sachs
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3. Icahn, Southeastern reach out to potential Dell CEOs

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

One way to subtly remind the world that they remain relevant in the Dell leveraged buyout saga is to leak the short-list of candidates for CEO. Not too long ago, when Blackstone was actively considering a bid, media reports were rife with possible candidates.

Now, Carl Icahn and Southeastern Asset Management, who are contending with Michael Dell and Silver Lake to buy the ailing computer maker, have leaked their own list. According to Reuters, several well-known computer industry executives have been identified, including: Cisco Systems director Michael Capellas, former IBM Corp. services head Michael Daniels, Oracle President Mark Hurd and Hewlett-Packard exec Todd Bradley. Icahn and Southeastern have also put together a list of director candidates.

To be sure, the CEO list is not an earth-shattering one. But for the camp of Icahn and Southeastern, it does serve a purpose. It feeds the media beast in a way which underscores that it remains a viable bidder with big plans to turnaround the company.

The next really big milestone will likely be July 18, when shareholders are scheduled to vote on whether to accept Michael Dell's $13.65 a share ($24.4 billion) offer. You can bet that Icahn and Southeastern are working feverishly to line up support to oppose the recommendation by the special committee to support the founder's proposal.

The dissidents will have to challenge at some point the conclusion by the committee that they are $4 billion shy of the funding necessary to pull of the sort of special dividend Icahn has proposed.  

For more:
- here's the article

Read more about: lbo
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4. Hedge fund exec marries Princess, declines royal life

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

A U.S. hedge fund executive has nabbed what might be the ultimate trophy wife.

Christopher O'Neill, a partner with hedge fund Noster Capital, married Princess Madeleine of Sweden this weekend at Stockholm's Royal Chapel. It was quite an event, one that even the Wall Street A-list would have had trouble securing an invitation to.

According to the Washington Post, "Madeleine, 30, was wearing a stunning silk organza dress with a lace top and four meter (13 foot) trail, designed by Valentino Garavani, when she tied the knot with British-American O'Neill on Saturday. Around 470 European royals, top New York socialites and celebrities were in attendance."

It will be interesting to see how this marriage is perceived by the Swedes. Madelein's sister, Crown Princess Victoria, married a commoner and remains quite popular, apparently.

O'Neill couldn't be called a commoner. He "was born into a wealthy family. His late father, Paul O'Neill, set up the European head office of Oppenheimer & Co. in London in the 1960s." But in terms of the hedge fund industry, he might be seen as much more of a commoner.

In any case, the royal life may not be for him. O'Neill "has declined a royal rank in Sweden, which would have required him to become a Swedish citizen. He has chosen to continue working and the newlyweds are expected to move back to their apartment in Manhattan." She will continue to work for the World Childhood Foundation, an organization her mother set up.

For more:
- here's the article

Read more about: Royal Wedding
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5. Lawsuits target fraud that provides big fees to banks

By Jim Kim Comment | Forward | Twitter | Facebook | LinkedIn

Revenue growth has been hard to come by in recent years. Most banks have been boosting profits mainly by slashing costs, but that will only get you so far. At some point, the top line has to start increasing again. Against that reality, bank executives face some tough choices about proven revenue generators that have them tiptoeing a fine ethical line.

In the area of direct deposit loans, for example, more banks are moving into dubious payday lending. JPMorgan, which has not entered this market directly, was nevertheless roundly criticized for being a willing enabler of usurious online lenders that hit customer accounts for automatic withdrawals, generating fat fees for the bank. So loud was the criticism that JPMorgan was forced into some big changes, making it easier for victimized customers to halt withdrawals and close accounts and cutting the fees it charges abused accounts.

The issue is relevant in light of a New York Times article about Zions Bank of Salt Lake City and First Bank of Delaware, both of which stand accused in civil suits of aiding and abetting fraudulent organizations that dupe seniors into forking over bank account information. First Delaware has already settled for $15 million with the Justice Department, which charged the bank with allowing merchants to illegally debit accounts more than two million times and siphon more than $100 million.   

Banks need to rethink their policies in this area. True, the fee revenue is massive and much needed, but executives who think they can plead ignorance to the criminal nature of such activity are sorely deluded.

"Officials at the Justice Department say they are taking aim at banks' role in giving predatory lenders and fraudulent merchants access to the United States financial system," noted the New York Times article. "The department is considering civil and criminal actions against a number of banks for allowing tainted money to flow through branches, for failing to safeguard against suspicious merchants, and for originating transactions on behalf of businesses that they know make unauthorized withdrawals from customer accounts, according to people with direct knowledge of the matter."

Banks need to figure out just how dependent they are on such activity for revenue--and then make appropriate changes. Risk committees, please take note.

For more:
- here's the article

Read more about: Payday Lenders
back to top



Also Noted

SPOTLIGHT ON... Commercial loan bubble building?

U.S. banks reported $1.53 trillion in commercial and industrial loans in the first quarter, a 12 percent year-over-year gain. This is in keeping with recent growth: As noted by Reuters, banks reported double-digit gains in 2011 and 2012 as well. This isn't necessarily translating into new economic activity, however. "Mid-size companies and publicly traded corporations are not using the loans to grease the skids of the economy for expansion," noted the article. "=Instead, they're mostly getting cheaper credit lines or refinancing the replacement of obsolete factory equipment by dictating easy terms to banks clamoring for their business." Article

Company News: 
> Barclays confronts hostility to banks. Article
> Bank of America, others win award. Article
> Morgan Stanley fills leveraged finance post. Article
> Barclays wants new finance director this year. Article
> Is Blackstone driving housing market? Article
> Fitch warns on shadow banking in China. Article

Industry News:
> A big Islamic fundraising example. Article

Regulatory News: 
> Glencore being probed in Italy. Article
> Central banker worried about low inflation. Article
> More on uptick in commercial lending. Article

And finally…New radio service coming from iPad. Article


Events


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> Investment Consultants Forum - The Crowne Plaza Times Square, New York, NY - March 2, 2012

This conference provides a unique environment for developing dialogue between plan sponsors, managers and consultants. This event will feature panel-driven discussions focused on specific investment techniques of fixed income and hedge fund managers, the evolving role of institutional consultants, the manager evaluation process and more. Register today.

> NFC Ticketing Europe 2012 - March 20-21 - London

Come and join MasterCard, Renfe, Deutsche Bahn, Visa Europe, Orange, Arriva Netherlands, O2 and many more for the first event to bring together the whole NFC Ticketing industry for discussion, debate and quality networking. Click here.

> Public Funds Summit East - July 22-24 - Newport, RI - Newport Marriott

Opal Financial Group's annual public funds conference will address issues that are most critical to the investment success of senior public pension fund officers and trustees. The Summit will cover how surplus returns should affect employee benefit plans, the processes for selection and evaluation of investment managers, legal concerns with fund investment and management policies as well as the benefits and pitfalls of a wide variety of investment strategies. Register Now!

> 2013 ABA National and Graduate Trust Schools - September 22-27 - Atlanta, GA

Now is the time to become a more effective advisor and a more productive member of your client team. Let this executive-level program help you prepare for the next step in your career with an in-depth exploration of account administration, fiduciary law, and tax and estate planning. See complete details.

> The 2013 Cyber Security Summit - September 25 - New York, NY

The Cyber Security Summit provides a forum for attendees to learn about cyber security’s most vital issues by directly connecting them with emerging and established service providers, renowned speakers and powerful decision makers across multiple industries. Learn more at CyberSummitUSA.com. Use promo code "FIERCE" to save 50% off ticket prices.

> ABA Compliance Schools - October 19-25 - Atlanta, GA

ABA Compliance Schools offer comprehensive bank regulation training programs for compliance professionals at all levels of expertise. In this highly engaging educational environment, learn how to comply with federal banking laws, including overview of new lending requirements to be implemented in 2014 at the ABA National Compliance School. Experienced professionals will learn advanced skills to manage their bank’s compliance program at the Graduate School of Compliance Risk Management. Learn more.



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