Link Bank
Bid To Buy Partners Bancorp On the Ocean
Rebound Evasively Answers on Lehman
By Matthew
Russell Lee, Patreon
SOUTH BRONX, June
28 – Pennsylvania,
Delaware and Virginia are
portrayed as diverse and ever
progressive places. But their
banks, not so much.
Consider
for example the proposed
merger on the rebound between
New York-based Link Bank and
Partners Bancorp, which
recently broke off its
proposed deal with OceanFirst.
Inner City Press
and Fair Finance Watch have
long exposed redlining - and
in this vein, on May 6 they
filed a Community Reinvestment
Act challenge with the Federal
Reserve:
This is a
timely first comment on the
Applications of LINKBANCORP,
Inc. Camphill, Pennsylvania;
to acquire Partners Bancorp,
Salisbury, Maryland, and
thereby indirectly acquire The
Bank of Delmarva, Seaford,
Delaware, and Virginia
Partners Bank, Fredericksburg,
VA "and more."
Since Partners
Bancorp's attempt to sell
itself to Ocean Bancorp died
amid reports of regulator
concern, documents in that
regard should be provided (and
made part of the record on
this application), too.
Fair Finance
Watch has been reviewing
LinkBank including its 2021
HMDA data not taken into
account in any CRA exam and
finds it troubling.
In
Pennsylvania in 2021, Link
Bank made 49 HMDA-reported
loans to whites - and only TWO
to African Americans, worse
that its peers. When one
expands the review to include
loans beyond Pennsylvania,
Link Bank's loans in 2021 to
whites increase to 53, but to
African Americans remains the
same insufficient
TWO.
Virginia
Partners Bank is only slightly
better. In 2021 it made 48
HMDA reported loans and only
THREE to African Americans.
While insufficient, that is
still more than Link Bank's
TWO. A terrible bank would be
acquiring a bad bank, and
making it even worse.
After
Inner City Press' comments
were filed, LINKBANK's outside
counsel Luse Gorman PC by
Agata S. Troy and Benjamin
Azoff rather than addressing
the disparities argued that
they have no merit, including
lying to the Federal Reserve
that the FDIC considered them
substantive, then urging the
FDIC to reconsider.
On June 14,
LINKBANK through counsel
answered the Federal Reserve's
questions including:
"The proposed
acquisitions will increase
LINKBANK’s size by
approximately 150
percent and will increase its
presence from one state
(Pennsylvania) to five (with
the
addition of Delaware,
Maryland, New Jersey, and
Virginia). Please explain your
plan to ensure continued
satisfactory oversight of
consumer compliance, CRA, and
fair lending matters,
including any changes to
staffing and committees.
LINK acknowledges that the
increase in scale and
geographic scope resulting
from the
proposed transaction
necessitates confirmation of a
compliance management
framework
that ensures sufficient
oversight of bank activities,
particularly with respect to
consumer
compliance, CRA and fair
lending matters.
LINK’s executive management
team has significant
experience leading larger
community
banking institutions, ranging
in asset size from $3 billion
to $18 billion. Accordingly,
as
LINK has developed and
executed its growth strategy,
it has placed a high priority
on
building the infrastructure,
including policies, procedures
and systems, as well as the
senior management talent,
necessary to support a
significantly larger and more
complex
organization, including early
investments in compliance and
related functions. For
example, LINK’s management
team includes a legal,
compliance and risk management
structure comparable to much
larger institutions, including
seasoned professionals in the
roles of Chief Risk Officer,
General Counsel, Chief
Compliance Officer and Senior
Risk
Officer, which is robust for
an institution the size of
LINK. These individuals,
together
with LINKBANK’s President,
Chief Consumer Banking
Officer, Director of Training
and Development, and senior
leaders from deposit, lending
and branch operations
functions, comprise LINK’s
management Compliance
Committee" -
who ARE
these people?
On June 28, LINK
BANK regurgitated this empty
answer to the FDIC, which also
asked "5. Clarify or provide
support for the responses to
merger application question 8
regarding the pro forma
financial statements: a.
Explain the difference between
the goodwill impact amounts of
$43.934 million and $28.993
million. Please see
Confidential Exhibit A. 2.
Provide a narrative
description of how the
transaction affects and is
affected by the chain banking
organization to which the
target banks belong, whether
the target banks have engaged
in any transactions with the
other members of the chain
banking organization in
connection with the proposed
mergers, and indicate whether
Ken Lehman will have a
continuing role in the
combined entities. The parties
respectfully submit that the
proposed merger transaction
will not have a significant
impact on, and is not
significantly affected by, the
chain banking organization to
which the target banks belong.
The target banks have not
engaged in any transactions
with other members of the
chain banking organization in
connection with the proposed
merger transaction. As
described in more detail in
the response to Question 8 in
the Interagency Bank Merger
Application for both TBOD and
VPB, following the proposed
merger transaction, Mr. Lehman
will serve as a director of
LINKBANK and LINKBANCORP but
will not serve as Chairman,
Vice Chairman or an executive
officer of these combined
entities."
These are the
people?
This should not be
countenanced - rather than
conditional approval, denial
is called for.
If the regulators
at the Fed and FDIC mean what
they claim, this application
should be denied. Watch this
site.
***
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