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As M&T - Wilmington Is Protested, Fed Asks On Bailout Funds, Not Fair Lending

By Matthew R. Lee, On Business

UNITED NATIONS, March 9 -- More than a month after Fair Finance Watch filed comments with the Federal Reserve Board opposing the proposal by M&T to acquire Wilmington Trust in Delaware, based on lending disparities and (mis) use of public bailouts, the Fed has finally asked M&T a series of questions including about bailout or TARP funds: “ Repayment of Trouble Asset Relief Program capital funding.”

In a letter to M&T and its lawyers which was e-mailed to FFW and Inner City Press on Wednesday, the Fed has asked:

Date: Wed, Mar 9, 2011 at 4:32 PM
Subject: M&T/Wilmington - request for additional information
From: Jonah Trout | Bank Applications Specialist | Federal Reserve Bank of New York
To: M&T, WLRK, jawatiker@wlrk.com
Cc: mlee [at] innercitypress.org

Jeffrey, Please provide the following additional information related to the applications filed by M&T Bank Corporation (“M&T”) to acquire Wilmington Trust Corporation ("WT") (the “WT Transaction”):

1) In a email from Brian Yoshida to Ivan Hurwitz dated November 23, 2010, it was communicated that all of the assets and liabilities of M&T Trust Company of Delaware, Wilmington, Delaware ("MTDE") would be purchased and assumed by Wilmington Trust National Association ("New WTNA," the resulting institution from the merger of Wilmington Trust, FSB and M&T Bank, National Association). However, in the additional information response dated February 18, 2011, it was communicated that the capital stock of MTDE would be acquired by New WTNA. Please confirm how MTDE will be combined with New WTNA.

2) Pro forma financial data (including tier 1 and total risk based capital ratios and tier 1 leverage ratio) based on December 31, 2010 data, for M&T, Manufacturers and Traders Trust Company ("M&T Bank"), and New WTNA that reflects any of the following, if applicable, upon consummation of the WT Transaction:

a) Repayment of Trouble Asset Relief Program capital funding;

b) Common or preferred capital raise; and

c) Down streaming of capital to M&T Bank or New WTNA, if any.

In your response, include a discussion of the assumptions utilized in calculating the pro forma financial data and a timeline for when any of the potential events discussed above will occur. Also, please explain any significant difference between the risk based capital ratios and tier 1 leverage ratio detailed in the pro forma financial data and the data provided in the January 19, 2011 capital presentation to this Reserve Bank (the “Capital Presentation”).

3) Pro forma financial projections reflecting consummation of the WT Transaction (including tier 1 and total risk based capital ratios and tier 1 leverage ratio) based on December 31, 2010 data, for M&T, M&T Bank, and New WTNA that reflects any of the following, if applicable:

a) Repayment of Trouble Asset Relief Program capital funding;

b) Common or preferred capital raise; and

c) Down streaming of capital to M&T Bank or New WTNA, if any.

In your response, include a discussion of the assumptions utilized in calculating the projected financial data and a timeline for when any of the potential events discussed above will occur. Also, please explain any significant difference between the risk based capital ratios and tier 1 leverage ratio detailed in the projections and the data provided in the Capital Presentation.

In accordance with application processing procedures, we would appreciate a complete response to this request for additional information by March 18, 2011. In addition, in responding restate the questions above and provide a copy of the public portion of your response to this request to: (a) Matthew Lee, Esq., Executive Director of Inner City Press / Fair Finance Watch, P.O. Box 580188, Mount Carmel Station, The Bronx, New York 10458... Any information for which you desire confidential treatment should be so labeled and separately bound in accordance with 12 C.F.R. 261.15.

  Ironically, the Federal Reserve is now resisting any connection between the availability of information about the application under FOIA and its time to receive comments and decide. FFW's initial comments included

FFW is concerned by this proposal by M&T, a major recipient of US taxpayers' bail-out money under the Troubled Asset Relief Program, to acquire a key Delaware institution, Wilmington Trust Company.

At this stage we point to M&T's lending record in its headquarters city, Buffalo, where in 2009 M&T Bank (NY) denied the conventional home purchase loan applications of African Americans 3.10 times more frequently than those of whites.

In 2009 in the New York City MSA, M&T Bank (NY) denied the refinance loan applications of Hispanics 1.58 times more frequently than those of whites.

In 2009 in Baltimore, another city M&T has entered via acquisition, M&T Bank (NY) denied the conventional home purchase loan applications of African Americans 1.88 times more frequently than those of whites.

According to the Buffalo News, “M&T originally took $600 million in TARP money in December 2008 but gained additional TARP funds when it bought Provident Bankshares Corp. of Baltimore in 2009 and will gain another $330 million from its pending purchase of Wilmington Trust Corp., for a total of $1.08 billion.”

M&T is racking up TARP bail out funds, but to what benefit of communities?

And that question remains unanswered, at least until March 18. Watch this site.

* * *

As Bloomberg's Treasurer Opposes Rating Banks, Chase & Goldman Slammed

By Matthew R. Lee

LOWER MANHATTAN, March 7 -- Even after the financial industry meltdown based on predatory lending, the Bloomberg administration in New York City on March 7 publicly opposed a proposal local law that would rate banks on community service before the City does business with them.

  Bloomberg's City Treasurer protested that “banks are heavily regulated,” despite the finding that lack of regulation allowed banks, many based in New York, to engage in Ponzi scheme like trading of predatory mortgages.

  Next, Bloomberg's Treasurer said that it would be hard to replace a bank if it were disqualified. First, given Community Reinvestment Act grade inflation at the federal and state level, disqualification of any large bank would seem sadly unlikely.

  Second, it emerged that the City has qualified 35 banks, ranging from small banks like Ridgewood Saving Bank up to Deutsche Bank, HSBC, Citibank, JPMorgan Chase and “Goldman Sachs Bank,” of which Council member Leroy G. Comrie asked, “I wonder why we are still doing business with them? I don't understand, I would use stronger language but it's Monday morning.”

  HSBC, it has been noted by Inner City Press, sold a stake to Liby's Gaddafi; Deutsche Bank is among the larger foreclosers, with little accountability. Citigroup's predatory lending arm CitiFinancial is so disgraced it has been renamed One Main and still can't be sold off.

  The Treasurer devolved into claiming that only two or three banks can do the City's business, although she didn't name them.


In hearing room, Al Vann et al listen to Bloomberg's Treasurer (c) MRLee

There was talk of layoffs in the Department of Finance, and of DoF's Commissioner being required to answer more questions on Thursday in “Emigrant Savings Bank, the Council's temporary chambers.”

  The bill was not slated for a vote at the hearing; there will be more on this, especially the national implications, represented on Monday by NCRC.

Council member Gale Brewer asked if the DoF's lobbyist would engage with national groups around the federal Community Reinvestment Act. “I don't know when CRA is up for renewal,” he replied.

As the hearing stretched on, more and more Council members came in, perhaps sensing Bloomberg's weakness, ranging from Joel Rivera and Helen Foster of The Bronx through Brad Lander to Lewis A. Fidler.

Member Fernando Cabrera said that last night he went to a “nice Mexican restaurant,” and found the Bloomberg administration's health ratings useful. “But it would confuse consumers” when applied to banks, Bloomberg's Treasurer said.

Al Vann and Domenic Recchia introduced the law, and Ricchia specifically denounced JPMorgan Chase as not being willing to modify loans in New York City. As Inner City Press came in to the drab hearing room, in 250 Broadway's 16th floor, another attendee asked, “Is this the hearing about Chase Bank?” Maybe.

* * *

As JPM Chase Cuts Off UN Missions, US Says Bailed Out Banks Are Free

By Matthew Russell Lee

UNITED NATIONS, January 13, updated -- When JPMorgan Chase wrote to countries' Missions to the UN and told them accounts would be closed in March 2011, several countries complained, to the UN and to the “host country,” the United States.

Thursday US Under Secretary of State Patrick Kennedy came to the UN in New York to speak to countries' Ambassadors about Chase's move. Afterwards, Inner City Press asked Kennedy if he -- or Hillary Clinton or Treasury Secretary Timothy Geithner, both of whom Kennedy said were involved -- had spoke with JPMorgan Chase.

  "We have had discussions with the major banks," Kennedy answered, later confirming that yes, this included Chase. But what was the response of Chase, whose CEO Jaime Dimon is often rumored to be a line for an appointment by the Obama administration?

Kennedy told the press that “we cannot tell a bank what to do.” Inner City Press immediately asked, What about the banks which took bailouts and still owe TARP money to the US and its taxpayers? "Could the government use its leverage?"

  Kennedy said he was not “technically competent to get into that level of detail," and told Inner City Press to ask the Treasury Department official who had also come to the UN. Video on Inner City Press YouTube channel here.

While the US Mission later said this Treasury Deparment official was Mark Poncy of the Office of Strategic Policy, Poncy never came to speak to the Press.

Inner City Press asked Kennedy if he thought the UN should go forward and re-rent space inside the UN under its Capital Master Plan to JPMorgan Chase, when this bank was turning its back on Missions of the countries which make up the UN.

Ask the UN,” said Kennedy, who has responsibility at the State Department for Management, including at the UN. At the US Mission to the UN in New York, the Management position has remained with only an interim person, the genial but part time Professor Joseph Melrose.

At the UN's noon briefing, Inner City Press did ask Ban Ki-moon's spokesman Martin Nesirky if the UN would give space to JPMorgan Chase in the Secretariat building when it re-opens.

Ask Chase,” Nesirky said. But Chase is already in talks with the UN as to which space to get in the repaired building -- not, apparently, the fourth floor space it previously had, but some other location.

Nesirky now said that he would not comment on negotiations. But is Chase's closing of UN Mission's accounts, Inner City Press asked, even part of the negotiations? Nesirky seemed to say he would look into this.

  JPMorgan Chase is not only interested in re-entering the Secretariat building when it re-opens: Chase also has a branch on the first floor of the DC-1 building which houses the UN Development Program. Many countries' Missions to the UN opened accounts at Chase because they were thus inside the UN. Will the UN allow this to continue?


At UN, Patrick Kennedy, spokesman Mark Kornblau & Joseph Melrose: where's Chase?

  After the meeting with Kennedy, Inner City Press asked Iran's Permanent Representative as he came out if he thought Chase should continue to remain in UN buildings. No, the Ambassador said, UN space should go to banks which will deal with UN Missions.

  He spoke of the UN Federal Credit Union -- currently embroiled in a dispute about the account of the UN Staff Union -- and was asked if the UN should withdraw its own funds from a bank which in effect redlines Missions, like Chase.

Egypt's Permanent Representative told the Press about “transfer fees” while Turkey's Deputy Permanent Representative shrugged that “there are Turkish banks in New York.”

   Russian Permanent Representative Vitaly Churkin, asked in front of the Security Council about JPMorgan Chase's move, laughed and said "the ruble is a very strong currency," when you have the ruble you don't need anything else. But the others? Watch this site.

Update of January 14, 2011: the following arrived:

From: UN Spokesperson - Do Not Reply [at] un.org
Date: Fri, Jan 14, 2011 at 8:05 AM
Subject: Your questions on Chase Bank
To: Inner City Press

We can say the following in reply to your questions at the noon briefing:

Some ambassadors emerging from the US briefing about their accounts being shuttered think the UN should withdraw all its accounts with Chase. Has this been broached with the administration? Being weighed at all?

We understand that this was raised by one Member State delegate in the briefing with Ambassador Kennedy. The UN Secretariat has not been approached in this matter.

Will Chase open an office in the UN building after the CMP?

Under the CMP, the new UN building design includes space provision for banks. No agreements have been entered into with any banks for this space.

March 1, 2011 BloggingHeads.tv re Libya, Sri Lanka, UN Corruption

Click here for Inner City Press' March 27 UN debate

Click here for Inner City Press March 12 UN (and AIG bailout) debate

Click here for Inner City Press' Feb 26 UN debate

Click here for Feb. 12 debate on Sri Lanka http://bloggingheads.tv/diavlogs/17772?in=11:33&out=32:56

Click here for Inner City Press' Jan. 16, 2009 debate about Gaza

Click here for Inner City Press' review-of-2008 UN Top Ten debate

Click here for Inner City Press' December 24 debate on UN budget, Niger

Click here from Inner City Press' December 12 debate on UN double standards

Click here for Inner City Press' November 25 debate on Somalia, politics

and this October 17 debate, on Security Council and Obama and the UN.

* * *

These reports are usually also available through Google News and on Lexis-Nexis.

Click here for a Reuters AlertNet piece by this correspondent about Uganda's Lord's Resistance Army. Click here for an earlier Reuters AlertNet piece about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund.  Video Analysis here

Feedback: Editorial [at] innercitypress.com

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