If the lawsuit filed on Monday is any indication, the
long-anticipated FDIC litigation against failed banks may have arrived. On
November 1, 2010, the FDIC filed a lawsuit in the Northern District of Illinois
against eleven former directors and officers of Heritage Community Bank, a
article in the November 17, 2010 Wall Street Journal reported that
the FDIC is conducting 50 criminal investigations of directors, officers and
employees of failed banks. Given that (as of November 19, 2010) 314 banks have
failed since January 1, 2008, this report suggests that the FDIC is
As recently as this past Monday, commentators
were grumbling that the FDIC is moving too slowly in pursue claims against
former directors and officers of failed banks. The FDIC has responded in
dramatic fashion with a March 16, 2011 lawsuit filing in the Western District
of Washington against three...
When the FDIC released its Quarterly Banking Profile for
the fourth quarter 2010, it included a statement from
FDIC Chairman Sheila Bair that the agency believes "the number of failures
peaked in 2010." However, at least through the end of February 2011, the
evidence was to the contrary...
On July 14, 2011, the FDIC filed a lawsuit in the
Northern District of Georgia against 15 former directors and officers of Haven
Trust Bank of Duluth, Georgia. This suit is the ninth the FDIC has filed as
part of the current bank failure wave and the second that the FDIC has filed in
Georgia. A copy...
One of the many distinctive traits of the litigation that
surrounded the S&L crisis in the late 80s and early 90s was the plethora of
lawsuits between the FDIC (and other federal banking regulators), on the
one hand, and the failed banks' insurers, on the other hand, over
Whether the process is just winding down for the year or
the process is actually winding down for good, the bank closure rate has
recently fallen off dramatically. The FDIC has not taken over any banks for
three weeks straight, with no bank closure at all so far during the month of
The FDIC's latest Quarterly Banking Profile for the
period ending December 31, 2011, released February 28, 2012 ( here ), reflects a generally
improving banking landscape and a continuing reduction in the number of problem
institutions. But though the industry is showing improvement, the number...
Though the current bank failure wave has been rolling for
several years now and though there have been over 425 bank
closures during that period , the much anticipated FDIC failed bank
litigation has been slower to gain momentum - that is, perhaps, at least until
now. Through the end of 2011, the...