Manafort
Lender Steven Calk Lawyers Kramer Levin
and Loeb Challenged By US Attorney
By Matthew
Russell Lee, Exclusive
Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Dec 10 – Steven M. Calk of
FDIC-regulated Federal Savings
Bank was presented and
arraigned on May 23 in
the U.S.
District Court
for the
Southern
District of
New York
for financial institution
bribery for corruptly using
his position with FSB to issue
$16 million in high-risk loans
to Paul Manafort in a bid to
obtain a senior position with
the Trump administration,
namely Undersecretary of the
Army.
On Friday,
November 8 Calk filed a motion
to move the case to his
hometown of Chicago, arguing
in part that his "business"
there will be disrupted if the
case is not transferred. He
says he "remains an owner of
TFSB." But as Inner City Press
noted on November 8, he
ignores the New York
connections of his Manafort
loans.
Now the US
Attorney office has replied:
"The disruption in the Bank’s
business caused by witness
travel to New York could not
possibly be expected to have
more than a de minimis impact
on Calk’s share in the Holding
Company. This is the case not
merely because the Government
expects to be able to
reimburse its witness travel
expenses, or because a bank
with hundreds of millions of
dollars in business is to be
expected to have a handful of
executives traveling
domestically from time to time
in the regular course of
business, but also because the
Bank currently maintains an
office in this District within
walking distance of the
courthouse. See The Federal
Savings Bank, Our Locations:
New York, New York, here.
This factor obviously does not
favor transfer."
Now the US
Attorney has sought a Curcio
hearing on Calk's two
lawfirms, writing that "United
States v. Stephen M. Calk, 19
Cr. 366 (LGS) The Government
respectfully submits this
letter to advise the Court of
potential conflicts of
interest presented by the
representation of the
defendant, Stephen Calk, by
the law firms Loeb & Loeb
LLP (“Loeb & Loeb”) and
Kramer Levin Naftalis &
Frankel LLP (“Kramer Levin”),
and to respectfully request
that the Court hold a hearing
pursuant to United States v.
Curcio, 680 F.2d 881 (2d Cir.
1982), at the conference
scheduled for January 9, 2020
or at such other time as the
Court deems appropriate. Loeb
& Loeb represents both the
defendant and, in matters
related and unrelated to this
case, The Federal Savings Bank
(the “Bank”)—the financial
institution for which the
defendant was majority owner
as well as Chairman and Chief
Executive Officer during the
relevant time period. These
lawyers also previously
represented the Bank’s holding
company National Bancorp
Holdings Inc. (the “Holding
Company”) in connection with
this case. This dual
representation could
potentially cause a conflict
if the defendant wishes to
advance defense theories that
might reflect adversely upon
the Bank or Holding Company or
if defense counsel is aware of
confidential Bank or Holding
Company information they
cannot use for his defense. As
to Kramer Levin (which also
represents the defendant), a
member of that firm is
currently on leave to serve as
counsel to a Congressional
committee. In that capacity,
he could be involved in
investigations which could
theoretically overlap with
facts relevant to the
defense." We'll have
more on this.
An August
26 filing in the case says
that the SDNY prosecutors have
as discovering "produced in
excess of 1.2 million pages to
date, the majority of which
were from files of this
Office" - in New York.
Perhaps in
response the SDNY prosecutors
will more directly link Calk's
case to wider Trump inquiries?
Inner City Press, which has
followed this case and the
weak regulation of for example
of Comptroller of the Currency
Joseph Otting, will continue
on this case. Watch this site.
In
these documents, more details
of rogue banker Calk's pursuit
of the "SECARMY" job have
become public. They put the
loose regulation of FRB by
U.S. Comptroller of the
Currency Joe Otting - how did
he get that job, by the way? -
into focus.
On Dec. 5,
2016 Calk e-mailed Manafort,
“President Elect Trump will be
in Michigan on Friday. Should
we arrange a meeting while he
is near by? Do you think we
are making any progress re:
SECARMY?” Manafort shot
back, “He is not doing
meetings on the road on these
types of matters. I will be
calling you later today with
updates.”
A
cynic made add, to what was
found in Calk's iPhone, "Oh
and give me another loan"
(under Otting's wink and nod).
Calk wrote to
Jim, presumably Mattis, that
"I believe that Steve Bannon
will be speaking to you again
about me today." Then two days
after a 10 January 2017
interview at Trump Tower Calk
wrote
to Mattis' assistant, "I know
that Anthony Scaramucci and
others will be reaching out on
my behalf as well.”
One can
only imagine Calk's
communications to his
regulators at the OCC -
literally, only imagine since
the OCC under Otting now
reflexively denied and hinders
FOIA
requests from Inner City
Press.
Back on
May 23 SDNY Magistrate Judge
Debra Freeman in the U.S.
District Court for the
Southern District of New York
accepted the government's
proposal of $5 million bond
with no co-signer (although
that is usually required for
moral suasion) and travel
allowed throughout the United
States (though more defendants
are usually confined to the
Southern and Eastern District
of NY and one other district).
Money talks.
Afterward
in front of the SDNY
courthouse Inner City Press
asked Calk's lawyers Daniel
Stein and Jeremy Margoles
about Manafort saying he had
misstated his financial
situation to get the FSB
loans. When did Calk know?
They did not answer. Video here,
Facebook video here.
Inner City Press' Alamy photos
here.
Now in May
28 letter to District Judge
Lorna G. Schofield, the
government has requested the
motions directed of their
indictment of Calk be filed by
July 12. Judge Schofield
granted it only in part,
saying that by June 21 Calk
"shall file a pre-motion
letter with a briefing
description of any motion(s)
he intends to file."
As of the morning
of June 25, there is nothing
in the docket in the case
before SDNY Judge Schofield
(who, as Inner City Press has
noted and is inquiring into,
unilaterally seals such
proceedings as criminal
sentencings, here.)
While the
OCC has yet to sufficiently
answer, and is trying to
hinder Inner City Press'
reporting, we will stay on
this case.
On May 23,
still from the SDNY courthouse
covering other cases including
one involving the death
penalty, Inner City
Press reported
finding no U.S. Home Mortgage
Disclosure Act data for
"Federal Savings Bank." But
there's more.
The Federal
Savings Bank's website,
while providing a generic link
to the FDIC, and a statement
"Member FDIC," has no link for
the U.S. Community
Reinvestment Act. (Nor does it
mention the indictment of
Stephen Calk, simply listing
his brother John Calk now as
CEO and Vice Chairman. Who is
the chairman?)
It lists a
loan production office on
Avenue J in Brooklyn, and two
deposit taking braches in
Illinois. Did it see some
exemption from the CRA and
other consumer protection
laws? From fair lending laws?
Earlier on
the morning of May 24 Inner
City Press asked the FDIC,
"Having covered yesterday's
arraignment of the Chairman of
The Federal Savings Bank in
the SDNY courthouse, including
the FDIC's involvement, I
checked the bank's website and
found "Member FDIC" but no
mention of the Community
Reinvestment Act."
The FDIC's
spokesperson David Barr, to
his credit, responded quickly,
writing to Inner City Press:
"The Federal Savings Bank,
Chicago, is regulated by the
Office of the Comptroller of
the Currency. They would be
responsible for CRA and
regulatory oversight. You
should contact the OCC for
more information."
Now the
OCC under Comptroller Joseph
Otting has done everything
possible to block the release
of information, denying FOIA
fees waivers and expedited
treatment, refusing comments.
But for now online the OCC has
said this about The Federal
Savings Bank: "While TFSB
originated a substantial
majority of its loans outside
of its AAs; the bank’s
business strategy is to
operate as a mortgage banking
entity with a nationwide
presence and market place.
Taking the bank’s business
strategy into consideration
the bank’s performance under
this lending criterion is
deemed reasonable."
Reasonable? Bribery, too,
seems to have been part of its
business strategy, right under
the nose of the OCC of Otting.
Before 2
pm on May 24 Inner City Press
in writing asked Otting's OCC:
"This is a Press question for
the OCC, from Inner City
Press... Please confirm that
The Federal Savings Bank is
subject to HMDA, and/or if it
is below a threshold, as I can
find no data in its name on
FFIEC.gov. Also, please today
provide as an OCC response to
the Press this OCC-regulated
bank's CRA public file and
other information in the OCC's
possession concerning the
bank's CRA and fair lending
performance. Is it
normal for a bank not to
mention these things on its
website, nor to provide any
link to its actual regulator,
the OCC, but only to the
FDIC?
Please explain what steps the
OCC is taking beyond Stephen
Calk no longer being the CEO.
What about his brother?"
More than
three hours later, even to the
questions at the end, the OCC
had only provided this:
"We are reviewing your
questions, but we may not be
able to respond by your
deadline.
Regards,
Stephanie
Stephanie Collins
Manager, Media Relations
Public Affairs
Operations Office of the
Comptroller of the Currency."
This is the same OCC which has
delayed FOR MONTHS providing
basic information about a
merger it has now already
rubber stamped.
On the
morning of May 28 Inner City
Press received from the OCC a
statement that The Federal
Savings Banks is subject to
HMDA - how they are listed in
the HMDA database remains a
question - and this:
"Question: Is it normal
for a bank not to mention
these things [CRA and HMDA] on
its website, nor to provide
any link to its actual
regulator, the OCC, but only
to the FDIC? [OCC
answer:] This question is best
directed to the bank."
So wait:
Otting's OCC leaves it
entirely up to the banks it
ostensibly regulates whether
to mention on their website
and presumably branches CRA,
HMDA or even the OCC where
consumers could complain?
We'll have more on this.
Stephen
Calk was quoted,
at least in 2012, opposing
regulation: "As Mr. Stephen
Calk writes in the September
7, 2012 edition of Origination
News: “Basel III is designed
to level the playing field
among major banking
institutions that operate
internationally. Force-feeding
these same rules to community
banks in the United States is
unnecessary and in fact
counter-productive,
particularly in the current
economic environment.” Basel
III is one thing. But no
Community Reinvestment Act?
The Federal
Savings Bank lists locations -
and bankers - in
Arizona - Scottsdale
California - Irvine Colorado -
Fort Collins Delaware -
Selbyville Florida - Sarasota
Illinois - Chicago Illinois -
Lake Forest Illinois - Oak
Brook Illinois - Park Ridge
Indiana - Bloomington Indiana
- Indianapolis Kansas -
Overland Park Louisiana -
Laplace Maryland - Annapolis
Maryland - Timonium CD
Massachusetts - Lawrence New
Jersey - Hackensack New Jersey
- Lakewood New York - Brooklyn
New York - Melville New York -
New York New York - Queens
North Carolina - Raleigh Ohio
- Columbus Rhode Island -
South Kingstown Tennessee -
Nashville Virginia -
Alexandria Virginia -
Fredericksburg Virginia -
Newport News Virginia -
Richmond Virginia - Vienna
Virginia - Warrenton...
We'll have more on this.
***
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