No Benefit, No Improper Action, No Failure to Disclose, No One Influenced: No Case No Benefit, No Improper Action, No Failure to Disclose, No One Influenced: ) No Case
In the matter of Representative Maxine Waters The Basics
• National Bankers Association or OneUnited? • Benefit?
) • Assista nce? • Failure to Instruct? • Appearance? " S"i" 07 2009 Z I ~SAI'I '(flO COOPER
September 6. 2008
The HQJlorabJe HImry M. PauJ.son. k Stc1e181)' U%!itcd S1a1es Dcpartmel21 oftbe Treasury Ofti"oftho Treasurer ISOO Petlmjlvania A'\'UJ\1C, NW WasbiDgton. D.C. 20220
Re; Nadon! Buken.4_e.....a - C••menu Regardla(IRljdd 011 Mfaodty Bn.kI'lIt Co_IioDwith Co...... a1onbIp ofF...meMale ••d FroddJlI MIICl
I am wdtlDa d1Ja lctlllr on behalf of the NatloDaI Banlc«s Assoalatioa (''NBA"), 1hc largast and olelem' ttade orpn!zatl411 in tbc United StaIl:a tcplC-tina minority and _-owned bank, MId thrifts, lilUllded in 1927, to aDlOlIg other roles, IIlltVc as an advocato on leglaJadve and repIa10ry matWr&
We /Il1l wrl1ing this 1tlb:l' UJPIl1Iy rqJlIl'dlug your pa1dbtg resolution of tho silUalion rClpMUlB F~ Mao llIId FR;ddie.~ (coUeclivc1y. t1WJ "GIlEs"). We WllI1\: 10 _ tbaI tho wl\lICliIIlI ofndaority Ilal:aare ~ pmtoeted lJIlDf sud! raoludlle. To be
..... We 11ft DOt " t tc 1111' -orftT ..... fo .-tv. .., wIDdfaU hm ..naoliallQ.. JIatber. _ tbDpIt liN.ulh,II ~ ofdac -e.Y _ ~ IIa ..GSEa. I...... --.eadI-'rlI)r ..Ilk _ ...... _,._ the am__ of .... If ....Y8Ihd ID1D ...... , ••ecJltOclIk of..GSIll8, SlId ..--.cIof~ tIaat ....-ifa I"etI1ftI .. plll't oftIiI1 J'CIlIIudDa yoa 4.....p. Ai. barw ...... th Gil: ~hi ~Ion.tPl¥-oHty bulk IllatwlU 1"8CIIrD....rd due ...... Ia"...... t fa GSE WDaIlIshDp" bve", iImatluItt
We 1lIIdorstaIId why you aie ac:tl"ll to Ir-ve the GSEa. 1be GSEa SCIlVCl an ~ rolo In the fUric ofUS 110m. o-.bip, maIdna h_ownersldp _ avniblblc 10 tho llitlDllliy of1tle £.-Ilited SIatos. 'l'heIe -W bciulti1s, .. wdl as the CCOIlOlIIlo Cl&ImJity that _aid fbUow _ the OSEa to collapse. more IIlan W8mIIIt &O'oielJlll'lCllll ncliQll 0I11h11r behaIt Bob Cooper '; From: Mr. Michael Grant'lllle...g~...... - ..Z1 Sent: Tuesday, September 09, 2008 12:1 BPM To: Bob Cooper Subject: RestruclUrlng
Bob, How's your meeting going with the feds? I understand Congrasawoman Maxine waters In leading the charge? Do you have any Ideas of how we can compile an aggregate Impact of Freddie and Fannle'll Introducing on NBA members? Could I have your cell number? Please call me today at your convenience.
Michael Grant, JD President National Bankers AssOCIation '.,
,. Bob Cooper ., From: fweekes ~BANKCBN.coml Sent: Tuesday,"'Seirteiiiber 09,2008 10:08 A~ To:
Cc: SUbJect:
Please see attached article in today's Washington Post. Rep. Maxine Waters (D-Calif.) request to the Treasury Department was InItiated by discussions with Rep Waters over the weekend by the association. Bob Cooper (Chair Elect) Is In attendance at the meeting with Treasury representing the membership and all minority banks, and we will send an update on the outcome.
Mortgage Giants' Rescue Imperils Some Banks
By Binyamln Appelbaum Washington POBt StaffWrlter Tnesday, September 9, 2008; AOl
The bailout ofFannie Mae and Freddie Mac threatens the financial health ofseveral dozen ofthe banks that bought shares in the two companies, regulators say, including some institutions active in the Washington region andbanks focused on less-profitable community development lending.
Executives at some ofthose banks say they felt encouraged to invest inthe companies because a federal agency, the Office ofthe Comptroller ofthe Currency. had classified shares in Fannie Mae and Freddie Mac as extremely low-risk. investments.
Stock in the two companies has noW lost most of its value. Banks that held the shares as part oftheir reserves, the cushion ofmoney that regulators require banks to keep on hand,. must now raise money to replace the lost funds. With banks already hard-pressed to find investors, analysts said some banks that bet onFannie Mae and - -- banks raise replacement eapital. At her requ",.t, Treasury Department officials agreed to meet with some ballk executives today.
Some Washington area banks are also affected, including Gateway Financial Holdings ofVirginia Beach, which bought $40 million in shares that were worth only $5 million atthe end oftrading yesterday, and Central Virginia Bank ofRiehmond, whieh said it would be "on the hubble" ofneeding to raisemore capital ifits holdings lose all oftheir value.
Fannie Mae and Freddie Mae were created by the federal government to increase the supply and reduce the cost ofmortgage loans. TIle companies borrowed money at a low cost because the govenunent involvement gave investors a sense ofsecurity. Fannie Mae and Freddie Mac used that money to buy loans from banks and other lenders, allowing those eompanies to make more loans.
Instead ofrelying on government flIDding". the companies sold stock to investors. The vast majority ofthose shares were common stock, the basic building blocks ofa public corporation. But as Fannie Mae and Freddie Mac needed more money, they resorted to selling "preferred shares,II which oftered investors a higher dividend and greater bankruptey protection.
Onder the takeover,'the value ofboth kinds ofshares was sharply redueed. Shareholders now own only 20 percent ofeaeh company. Ifthe companies continue to lose ITIOney, that stake could keep shrinking to the point () fbeing completely worthless. And there will be no more dividend payments.
On Sunday, various. regulatory agencies issued ajoint statement saying they were aware oftlle banks' problems 'I ., and would work try to help them raise additional capital ifnecessary.
.Members ofthe banking industry say they interpreted the statement as an indication that regulators would show special mercy. One executive compared the situation to Ifurricane Katrina, when banles were afforded leniency.
Ifregulators are inclined to do so again, there are tools at thdr disposal. They could give banks more time to raise money. They could also waive standard restriction.'i on banks that need to raise money. allowing thCln to use more aggressive su'alegies, such as gathering deposits through third-party brokers.
But it is not clear that the regulators intend to be lenient. An OCC oflicial said the agency was inclined to help banks that were othC1wise healthy. Hut other regulators said they could not describe any special plans to help banks. Treasury officials say they will simply help eOllileet the banks with the right people at regulatory agencies.
I~arger banks ean more easily absorb the losses. 1.1). Morgan Chase owns shares with a face value of$1.2 billion. A complete loss would erase a month or two ofits profits but do no lasting damage. M&T Baok, a Buffalo company with branches 01 Maryland and the Distri<.."t, owns about $120 million ofshares in the two companies. .
"IfYOll assume for a minute that we write ofl'100 p(;"'TCent' ofthat investment, even ifyou did that, it wouldjusf. have minimal impact on our eapital. We have enough to he able to offset the negative impact," M&T Chief Financial Officer Rene Jones said during a presentation to industry analysts in New York yesterday.
For smaller banks, however, even smaller holdings can cause large prob.lems.
2 FOR lMMEDlATE RELEASE Contact: Michael Grant (202) 588-• . ~8tiol1alb8I1kers.org
PRESS RELEASE
The Board ofDirectors orthe National Bankers Association (NBA) at its 2009 LegislativefRegulatory Conference being held in Washington, DC from March 17-19 reviewed the events previously reported by the Boston Globe on March 14, 2009 regarding actions taken by thl~ Association's then Chair-Elect and Chairperson ofits Legislative Committee, Robert P. Cooper. '
The Board detennined that actions taken by Mr. Cooper were consistent with practices and authority granted him by the Association.
For over 80 years. the National Bankers Association has served as the voice of minority banks. As that voice, the NBNs overarching goal is to protect, preserve and promote minority banks. As minority banks face many unique challenges in this difficult economic environment. the Association will continue to solicit the support and the strong advocacy from the White House Administration, members ofCongress and regulatory bodies to aid in its mission.
-30· CONFIDENTIAL
september 10, 2008
1bcHonotIble Anthony W. R)'IIl MtlDl Under SecretarY tot FIDIIMLtI flIslltutIonl Policy UII&d Statos DcpartmeDt aftha 'fuas\J.ry 1500 PIlIIIISYJVIIIlia AVIlIIII8. NW Washin&toJl. D.C. 2D22O
RIll National BanIonAuoeI8tfoJl- Mlaorily BokC.pit.1 RCltoJ'lltioJl ProgrJIII
Dear Mr. Ryzm:
As a fuIIow.up to OW' mcotinB yeaIllrda.y, 1'\11 aim:crdy appm:iated tho oppol\llJllty to di_ with you, Seafor 'IJaIwty 1'O]ll'llSll118dvo. aDd llaIlk.atoty IgCncy oftiCWs the JIIIplIIlt of tho recent 00JIlIlll'VlIf0 of F8IIIlie Mao and Pn=ddie Mac (llolleotive1y. the "OSJils") on mlDorily dcpodjory lnatitutl.ons ("WIa"). We ""l"'tW:«! !but 'Deaaury should povide apptOpl'1llte JIl1*l1lion on an UtgaIt bIIaI.s to lMlrt JIIIIlIibk fid1ure of cmo if not 110-.1 of our lnalil.... a aitua1lw that woold .1IIIdoulm:dly ~ 1Imm&h tbc cntim .mne:dlf benJdJig fOCIDt. ~1181JreparBbJe lJamIlo tho lnoer-cI.,. llOIDlIIIIIIiII we ICml. t/lIWl:o wlth a typb1.~ IJeuk. 110 baoJc will slI=p fa· to __Jlmdr.cit7 0)Ilw.UlllIfaslDuJdl:Wil 01our1lIllIb 1WI. As • 1'll8II1t of IIul dIlIowalona at tlle ~ alld s.u1JBlIJ!~. '"' ba~ ICIBncIl our pmJflOl4llllOlll'" witfl our ~..to pvIIIct ~ bIIlIb from fldluro or ~ aclvertl!l11D)lll!lt drlcto _ cIiiOlflJo in ttle 0S1I p1.11Ill &toak. Acoozdlaaly. wo wvuId ptIlpQSO die ~ MiIladJiy Biint CapitalR4llIllnltlollPtllpm: Alleged Benefit: Preservation of Stock via $12 Million (TARP)
• "Respondents Chief of Staff provided continued assistance to OneUnited in their efforts to obtain legislation that ultimately resulted in OneUnited receiving funding from Treasury. (SAV, 42)" • "The Preservation of the Value of the Respondents husbands investment in OneUnited would personally benefit respondent." (SAV, 44) • SAV alleges that COS facilitated TARP funding. • SAV Alleges that OneUnited} received TARP funds} because of Section 103(6) of Emergency Economic Stabalization Act} drafted by Barney Frank • SAV alleges that TARP Funding "preserved JJ OneUnited How Did OneUnited receive TARP funding?
• Capital Purchase Program - Multi step process • Raised Private Capital (20 Million) • Tax Deferment • Approval by Federal Regulator (FDIC) • Approval by Treasury Department • No role for Congress in the Approval Process • Did not benefit from section 103(6) Q After that meeting occurred, did you have any further contact with OneUnited Bank or Treasury officials? A Treasury officials, no. OneUnited Bank, they were protest -- well, they were appealing the report of examination, and we were in the process of placing a formal enforcement order -- action -- on that institution; and they were trying to -. there were a couple of things going on with OneUnited. They were critically undercapitalized. They were trying to raise capital, and they -- also, we wanted to make sure that corrective action took place that corrected some of the issues that our examiners identified. So we were working on an order, and the people in our Boston office were working on that; and they also asked to work _. have them work on a capital plan, how they were going to raise capital, because all the banking regulators had issued a statement saying that they would work with institutions that were impacted negatively by the placement of the GSEs into conservatorship. And so Robert -- not Robert -- Kevin Cohee, I think'he -- he had come up with a -- an agreement with State Street Bank to put $17 million, I believe, into the institution, and he needed a waiver of deferred tax assets, and these were assets that could be considered capital. Now, there's a rule -- and I'm not an accountant, but I'll try to explain this as best I can -- where only a portion of your deferred tax asset can count as capital, and what he wanted was a waiver so that the entire amount could be counted as capital; and the only way that his institution would be able to come up to the a capital level that was above critically undercapitalized was to have this waiver and to have the capital infusion from a private company. And then there was a lot of discussion about TARP money, and so we had to put together a case for our board of directors, because that's not a decision that I could make on my own. So we presented a case to the board of directors, and we basically said -- asked for -- we recommended that they get the deferred tax asset waiver for -- they asked for like 48 months, and we said 12 months. Actually, they asked for 24 and we said 12, and then State Street was going to put their money in, and the money had to be in by October 38 because banks file their call report at the end of the quarter, and then they've got 38 days after the filing to get all their data in. And so State Street said they would put the money in under the condition that the bank was adequately capitalized; and in order for them to be adequately capitalized, they had to get their waiver so that the entire amount could count towards capital. So that was not a decision that was within my delegated authority, and so we took it to our board of directors. Q Were you in favor of this waiver decision? I understand that, you know, that it wasn't -- A Yeah. It was my recommendation as the division director -- and we do have a responsibility to promote and protect financial institutions, minority institutions in particular, but I'm also in favor of protecting depositors, which is the total mission of the FDIC. And so they had some issues that we had been having discussions with them on, like compensation and other things that were brought to our attention, and I wanted them to stipulate to an order to Cease and desist, and this order was public. So we worked through those issues; and my primary concern as an FDIC official is to make sure that the bank is run in a safe and sound manner, and then there is a law that we are to do whatever we can to promote and protect minority institutions, so -- but I cannot make that decision. I can make a recommendation, and when I make a recommendation to our board and we provide them with a case, we brief them, and then there's a board meeting and they decide; but I'm not the final decision-maker on such a significant matter. Q The cease and desist order that you referred to, I would assume that the negotiations or discussions of that final stipulation had been ongoing at least prior to the fall or maybe even the spring of 2008? A Yeah. Well, 2008 -- there's a couple different things that kind of tie together. You have a report of examination, and they didn't necessarily agree with our findings and our rating, and so there is an appeals process; so any bank that has issues From: Bettinger, Lori Sent: Tuesday, January 13, 2009 4:31 PM To: McLaughlin, Brookly; Mclellan, Don; Lambright, James Cc: Kashkari, Neel; Abdelrazek, Rawan Subject: RE: One United
Hi,
We don't classify transactions under those subsections. They qualified for the December investment under the established CPP terms, which are used for all applicants.
(0)(4) (0)(';)
Brookly, we'll give you a call.
Lori
From: Mclaughlin, Brookly sent: Tuesday, January 13, 20094:06 PM To: Bettinger, Lori; Mclellan, Don; Lambright, James Cc: Kashkari, Neel; Abdelrazek, Rawan SUbject: One United Importance: High
The WSJ was told by a federal regulator, a state regulator, and Barney Frank that One United qualified for the December investment under section 103.6.
IUj (0)
Do we actually classify each transaction under one of those subsections? Or are they there more as guidance?
Brookly McLaughlin Deputy Assistanl Secretary for Public Affairs U.S. Treasury Department 1500 Pennsylvania Avenue, NW Washington, D.C. (202) 622-2920-office JW427 ,: _DL_Communications Albject: FW: NIT Request
Just heard from the AP on OneUnited and Waters So far, , have pointed out that:
1) This happened in the previous administration 2) TARP provides funds under two conditions a. The Institution meets the qualifications defined in statute b, Bank regulators declare the bank viable. 3) TARP is insulated from outside influence.
Below are Neel's Initial responses to Eric lipton's questions, we did deep background with him
Neel, can you give us something we can use on:
Thanks, Andrew
from: Abdelrazek, Rawan sent: Thursday, February 26, 2009 11:57 AM To: Kashkarl, Neel; Schaffer, Laurie Cc: Baker, Isaac; Williams, Andrew Subject: RE: NIT Request
thanks
From: Kashkari, Nee' sent: Thursday, February 26, 200911:53 AM To: Schaffer, laurie Cc: Baker, Isaac; Abdelrazek, Rawan Subject: RE: NIT Request
id like to speak with the reporter on background. here are my answers
a) Do you know the date ofthis meeting and who actually attended other than Tony Ryan, Stafford Via and Steve Lineberry from Treasury. Ifyou had a list of attendees that would be helpfuL Others there were from OTS, FDIC, acc and the Fed. But 1 do not have their names.
i never knew this meeting took place until now
~ b) Did the meeting in September related to GSE related losses play any role in the decision by Treasury to 1rovide OneUnited $12 million in cpp funds on Dec. 19? 1t at all. we didn' even know about It and Tony wasn't Involved In the decision UST JWOOO533 """ c) Did that meeting or the appeal by OneUnited contribute to the fact that it was the first Community ~Development Financial Instituion to receive CPP funds and one ofonly three in the country? ')1 at all. we didn't even know about 11 and Tony wasn't involved in the decision
d) Did requests by any member of Congress related to OneUnited's CPP application accelerate its consideration or play any role in the decision? not at all at Treasury
e) Is there anyone that wants to talk to me about this meeting and any impact it might have had on the cpp decision? I understand that most ofthe Treasury folks involved are now gone.
me
t) Can I get a copy of any correspondence (without having to go through a formal FOIA process) related to OneUnited and its CPP application--any letters from any members ofCongress related to this bank? g) For my stOlY, I am describing this September 2008 meeting, which I was told took place in conference room known as the Management Conference room, next to the assistant secretary's office. on the second floor, But I have never been in this room. Could I come over Thursday andjusllook at the empty room to describe it accurately?
From: Schaffer, Laurie Sent: Thursday, February 26,2009 11:49 AM To: Kashkari, Neel SUbject: FW: NYT Request
See below.
Laurie Schaffer
From: Shaw, Aloma Sent: Thursday, February 26, 2009 11:28 AM To: Schaffer, Laurie; Bleger, Peter Cc: Williams, Andrew SUbject: RE: NYT Request
Laurie or Peter:
Can you assist Andrew with this request?
Aloma
From: Williams, Andrew Sent, Thursday, February 26,2009 tl:22 AM To: Shaw, Aloma Subject: NYT Request
Aloma, I need your help In finding who best can address this question. What should I do?
lanks, ·drew UST JW 000534 Graves Case
• Moreover, Representative Graves' putative interest was not an interest unique to him but was instead an interest that he held as part of a large class of investors...As such, even if Mr. Hurst's testimony benefited only the two companies in which Mrs. Graves was invested, Representative Graves' or Mrs. Graves' personal financial interest in either investment would have been affected as members of a class of investors and not as individuals. (Graves, 18-19) Failure to Instruct and Timing of Conversation with Chairman Frank
• In all of the transcripts, the committee never asked Rep. Waters nor her COS the question directly whether Rep. Waters instructed the COS to refrain • Rep. Waters testified that the conversation happened sometime after TARP (on or around September 20th ) • COS testified the conversation happened in late September, early October. • COS testified twice to being made aware of the conversation, and being clear that Chairman Frank would evaluate the suggested problem. Q At any point when you were looking at that legislative solution, did you view that to be something that would assist minority banks in particular, or was that all small banks? AI don't remember exactly how the legislation was formulated. That was Barney Frank's legislation. Q Did he have discussions about that legislation with you?
A ~o. At the point that I understood that they were now later on interested in TARP, I just said to Barney, that is'your home. They are headquartered over there. You need to look at this. I can't look at it. Q When you say "they", are you referring to OneUnited Bank? A Yes. Q Why did you view that to be something that Chairman Frank was responsible for? AI think that when you start to look at something like TARP, which is brand new, that the chairman has more experience, it was his it was headquartered -- you know, they had branches all over in my area, but it was headquartered in his district. So because he was the chairman, because he knew more about maybe TARP than we did, I -- you know, I just said to him, this is something that I can't be involved with. Q A!.ilny point did you consider your husband's ownership of stock in the bank as a reason to not be involved in OneUnited',s -- A Well, I think at the point that we started to talk about TARP and them actually asking for money, I think that might have been one of my motivations in talking to Barney Frank, too, that I N<'" ,shouldn't be involved with that. Q Why not?
A ·Well, as you said, several reasons 0, / TARP was new, they were asking for money, and I didn't know or understand the implications of that. And it was at that point .thatI realized that if they were asking for money that I perhaps should take a distance from that. I would not be involved in that. Q And did you take a distance from it, not be involved with it? AI told Barney, Barney, I can't deal with that. I am not going to be involved in that. Q At some point after this incident in February or March of 2889, there were some press articles about your involvement with the Secretary of Treasury meeting. And do you recall those? A Some of those. There were a lot of press articles. And I think it was one in the New York Times and .the Wall Street Journal in particular. Yeah, I remember those articles, basically. Q Did you ever discuss those articles or the substance of them with Robert Cooper? A No, not that I know of. Q What about with Kevin Cohee? A Not that I know of. I think -- I put something on my --I responded at one point. I didn't talk with them when they were putting them together. But at some point I wrote a rather I think A No, because I think at that time Michael Grant wasn't even hired, so Cooper was my -- you know, my main contact for the NBA. Q You mentioned that one member of Representative Frank's staff was at the September 9 meeting. A Sure. Q Had you had any interactions with that particular staff member before? A Yeah. Yeah. We worked together all the time. She is kind of the point of contact on Mr. Frank's office for minority bank issues and minority inclusion issues, et cetera, so we've worked together. Q At some point during the fall of 2888, did you become aware of a conversation that the Congresswoman had with Representative Frank? A About? Q About OneUnited Bank. A At some point, yes. Q Can you tell us a little bit about the circumstances surrounding how you became aware of that conversation? A Yeah. I believe the Congresswoman -- they have several kind of fly-by conversations. They talk to each other often about issues that are going on. ~!bhdmkthat 'whll't'happened after the meeting, based on' co~nhrc~tlons, et cetera, and by the fact that we hadn't gotten other banks had basically stepped up and said, look, you kno~, there's a -- we have an issue with this Fannie and Freddie piece. Aile! so.I think the .conversation that the Congresswoman hajj was basically, look, you know, we were approached by the NBA about this, but at this point it seems like OneUnited has a problem. I don't want to get involved with this on this level. Can you do it? And Barney kind of said, stay out of it, I'll take over,.or something like that. Q Do you recall when that conversation took place between Representative Frank and the Congresswoman? A Yeah. It was sometime late September, early October. Q And it was after you received -- I can't remember what exhibit it was, but the one that documented OneUnited GSE shares. A What's the date on this? September 23rd. I'm not quite sure of the date, but I know it was a significant amount of time after the meeting, and, again, after we hadn't got survey results back, and we couldn't pinpoint that there were several other banks that were getting -- that were challenged by this. I think that's when the conversation happened. Q What do you mean by "fly-bys"? A Oh, so they -- so Barney is not a guy who sits down and has a long conversation. He says, Max, we're going to do this, da, da, da, da, da. So they may have five or six of those in a day that could be like, you know, monumental issues that you're involved? A That I'm not sure of. Q Did Representative Waters express any concern after her conversations with Chairman Frank to you? A Concern?
Q Yes. A No, no concern. I mean, I think she -- I think that she -- she appeared to be very, you know, comfortable that, you know, whatever the issue was, if there was to be a resolution, that Barney would take, you know -- would take a look at it and make a decision, you know, as the Chairman, whether or not it was something he wanted to get involved with. Q And from what you remember, that was sometime in september or Dctober of 2eeS? A Yeah. Q After that time did you notice any increased level from Representative Frank on his side or with his staff related to this OneUnited or NBA issue? AI don't -- I'm not -- I don't work in their offices, so I don't know what their internal conversations were around this issue. Q Or just even calls to you or your offices about OneUnited or the NBA issue on Freddie and ·Fannie shares. A It was an ongoing -- there was an ongoing conversation about NBA and Fannie and Freddie. I mean, both Chairman Frank and 51
Maxine Wn((~I'S recalls that the following nUIl-adminilltralioll persollS were prescnt Rlthe meeting: a representative ofSenatol' John Kerry; tl reprcsentllti\'c of Rl."}lresentalive RanKlY Frank; Gcor~e Lyons. counsel to the NBA; Bob Coope/"; Kevin Cohee: and Terry Williams. l'residelll ofOllcUniled. In the ChiefofSlatTlo Rcpl'Cfn::ntative Maxine Waters's opinion. the meeting was 1I "high priority" 01" "high-concern" meeting.
8. ")llC SeptembCJ'mceting llllitcd 1'01' "boUl45 minutes to an hour. Me Coo)lCr revealed Ihat he lepresclllcd bUill lhe NBA and OnelJllited, but said that at the meeting he was representing NllA. MI", Cll()r~er thclIlln:scnled his COllCCTllII to Treasury Depal1ment ollicials: lind 8 diaillguc about the impact of the actions with regtud to Fannie Mae nnrl F."eddie Mac 011 minority-owned blinks and potelltill.l rcmcdicH ensued. The ChiefofSlaO'lu RC\H'escntativc Maxine Woten does not remember'lIly spedlie potenliallcmedies discussed. but docs remember Illill one polcntial remedy Ihal WOK diliCUlJ9cd ttl IIIC meeting wos II Inmate.· of funds fhll11 the Tn.':nsul'y Dcpal11l1ClJI 10 millority-owned banks. The ChicfofStalflo Itepresentalivc Mftxill~ Watcr~ slale
9. Representative Waters' uffice's interaction9 with OncUnited oceul' mostly through lhe NDA. clbe Chiefur ~lll.fflO Repl'c!rentative Maxine Walers intcl'ftCloo with the NHA "vcry often" through contttCt with Uob CoollCr and Micllttel Oumt,l'residelll ofthe NBA. Cooper lind Grant were often cc'd UI1 e-mailsinvolvingminority-bankissues.Mr.Coheealsomayhaveheencc.l1 UII e-mails involving discussions llbout potential remcdic9 lor lIliuurity-ownoo blinks,
10. rhe Chiefof Siafftu fteprCSL"lJlalive Mltxine Waters is on1)' aware ofolle eonversa1ion between Rcpt'esentativc Wa.tCfI!i and RClu'e.!lcntatjvc Bsmcy 1'·I·auk. lie became aware ofthis cOnVCH~!ltioll when, 118 he went through hb~ t8skti with I{epl'esentativc Walers one da)' tollowing the September meeting. silt: inl1it:ilted thut he need 1I0t wurk on the minority~bankmatters becRuse, as she said. "1 slXlke to Barney. I)on'\ wony about it," The Chiefof Siafl' to Representative MaKinc Waters intcrpmted thiBta mean that he need not work un the NUA JnilUers that dny. The Chief()fSlafl'to Representativc MIIJcinc Waters doos not remember Ih::prcsclltalive Woters making Imy reference 10 Repi-caentalive Frank instructing her to not get involved in NBA matlers.
ChiefofSlaffto Rep. Walers MOl I~agc 30f4 TO ALL NBA MEMBERS!
THANKS FOR YOUR PROMPT RESPONSEI
To: ALL NBA Members
From: Michael A. Grant, J.D. President
Date: September 17, 2008
Re: Alert Concerning Fannie Mae and Freddie Mac
Last week, in response to concerns raised by Members of Congress and the media, this office sent out an "Alert" trying to ascertain the impact of the U.s. Treasury Department's decision to restructure Fannie Mae and Freddie Mac.
Specifically, we wanted empirical data to demonstrate how much preferred stock of the mortgage grants was held by NBA Member banks.
The office received 15 responses bye-mail and one by telephone by Friday, September 12'h. None of the banks who responded to our office had been adversely impacted by the Treasury Department's decision.
This update is not meant as a representation of all our member banks or all minority banks. It is only a representation of those who responded.
We are attempting to serve all of our member banks. And while we are mindful ofyour very demanding schedules, in the future, please remember that we are attempting to represent you by putting forth our best efforts.
We will never survey you about frivolous mattersI ['11 drop the attached melDO in UP's box.
II
:1 Assistance?
• Sikes is what compelled the adoption of the SAV - Worked for seven years to establish a bank Charter - Wrote official correspondence on behalf of bank to federal and state regulators - Instructed staff to follow-up on charter - Purchased and sold shares for $10,000 profit - Did not disclose his holdings MEMORANDUM :ma- Date: September 15, 2008 Re: Draft LoUer 10 Treasury about OneUnited Rank ••••*.***.*.**••*****«**********.****•••••••**.****•••**.***.~ *. Attached is a I have attached for your infomlation a chart developed by OneUnited Bank, thst oontain& nonpublio information, and specifies that amount ofmoney involved in the buy·blll1k to ensure the bank remain, woll-ospitalized. As itis curn:ntly OneUnited Bankrep.resentati....:. -Bob Cooper, Chairman-elect ofNBA and General COllll961 ofOneUnited Bank,_ (cell) -Kevin Cohee, Chairman and CEO ofOn.United Bank The Honorable Henry Paulson, Jr. Secretary United Stales Department ofthe Treasury 1500 Pennsylvania Avenue, NW Washington, DC 20220 Dear Secretary Paulson: As you know, the National Bankers Association (NBA) has submitted a proposal to Treasury to redeom aSE preferred stock held by minority-owned depository institutions in an amount equal to the lesser of: (I) the amount the minority-owned financial in,titution paid for the preferred stock; or (2) the amount necessary to retum the minority-owned financial institution to "well-cnpitalized" ,tatus. The NBA has represented that the capitnlsituation ofminority-<>wned financial institutions does not pose a systemic risk due to the decline iu their holdings ofGSE preferred stock at the date ofconservatorship. [We] are concemed about the Jilture viability ofan important Afriear-Amcriean owned bank- OneUnited Bunk ofBasion, Massachusetts- without a firm commitment from Tl'eUBury to pursue the NUNs proposal. As such, [wc] are writing to express our support for NBA'. proposal and to request that Treasury act 011 the proposal as soon as possible. In doing so, [we] believe it is both a mottor offairness fur Treasury to support minority-owned financial institutions that may have been put at ri'k due to the govenunent's conservatorship ofthe GSEs ard consistent with the statutory goals ofSection 308 ofthe Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) that directs Treasury 10 consult with the Office ofThrift Supervision and the Federal Deposit Insuraoce Corporation (FDIC) on the best mcthods to promote and preserve minority-owned financial institutions. As you may know, OneUniled Bank is unique, being thaI itis the largest African American owned financial institution in the country, serving low- and modcrate-moome and urban communities in Boston, MassachnsetUi, Los Angeles, California, and Miami, Florida. Il is also one ofthe few African-American owned banks that is cetti.fied as a Community Development FinlQlCiallnstitulion. OncUnitedBallk invested in GSE pr.f.rred stock because the bllIlk's leadorship believed lh. GSEs' mi,ssi0Ii ofpromotillg affordable housing ard increasing the homeowllcrship rate ofminorities was consistent with the community devclopment missionoftbe bauk. [We] urge you to contact the NBA and the FDIC fur specific information on the amount of any lISsislance that wonld be required to ensure that OneUnited Bank remains in operation and is able to =npitaiize, and [we] will help facilitate this exchange ofinfonnation. Sincerely, _ ..._------From: Sent: '-'20081:47PM To: SUbject; RE: Thanks •• ru ask Bric to help prod treasury on this ---Origina.....•1~.(.es.sage.-- Prom:. Sen~,20081:32PM To:~ Subject: RE: Eric Spitler, with FDIC, indicaled FDIC doc. 110t have authority to implement NBA propusal. From what he knuws, Trc:ascxy was "looking underneath sofa cushions" to see ifthey had authority tlll'Ough nne oftheir programs, which may be one ofthe reasons that they havoc't closed the loop with us onlww they can be supportive to date. ~ ofyesterday, rlric said Treasury had not beon in contacl with Sandra ThompolGll, with FDIC, with a conclusion 011 it FDIC is willing tu work with institution oncapital "'scrration plan •blll1hat dues not go to implementation ofproposal. F;~~ son...:Frida S tember 19,200812:44 PM To: Sub] ,: Sounds perfecto-thanks Press for answer on whether FDIC and/or Treasury cld provide needed asal.1 NBA looking for nede<: existing anth. Wo can't miss CR i opportunity ifthai's our only uption ,I --- Original Message - Fro_ To: Sent: Fri Sop 19 12:40:592008 SUbject RE: I tItink National Association of Securities Professional was particularlyinterested in Soc. 1216(c) "solicitation ofcontraCIB" for minorities. ItDld them Ulan wasn't working on the BOfDlInkc-HP proposal diroctiy hu~ ifthey had spocific proposa1llangnage on tho i.sue, that 1would fOfWllfd it to the appropriate staff. -~------From: Sent: ~088:29PM To: Subje<:t: Re: GSE Preferred rre.:s also talking about tax assist. Let's talk tnrrw - Original Message --- F i To ! Sent Mon Sop 22 20:15:55 2008 ! Subject: Re: aSE Preferred Even ifreg willing to be flexible on cap restoration plllJl, still asking for .ome reasonable plan from affected banks onhow willrai.. cap, which in tire best ofcircumstaru:e. is difficult for min banks and given current mkt situation bank: is vecy pessimitic about finding possible sources to recap. Also, given min character ofba.nk,,' they have expressed limitations on ability to mise cap from outside sources and still retain min character ofinstitution. . Sent: Mon Sop 22 19:50:23 2008 Subject: Fw: GSE Preferred ---Original Message -- From: Spitler, Eric J. The pres. release we put Eric Press Release. In 2129. Where r u? Pagelofl From: Sent: Monday, September 22, 2008 11 :49 AM To: Subject: FW: In 2129. Where r u? fyl From: Sent: Monday, September 22, 2008 11:49 AM To: '[email protected]' Cc: '[email protected]' Subject: RE: In 2129. Where r u? I know you folks are going under for third timo but I roally need some guidance on what can be done about the National Bankers Association proposal. It is a huge priority for our minority caucuses who have had other major concerns not to dllte accommodated in panding bill. We are talking here ebout the potentlel failure of minority insfitutions that Treasury has a statutory responsibility to promote. SF and HP spoke personally and the S6Cflltary indicated he was committed to being helpful. I Just need to know what that means. Ifthe Issue can be deall with administratively - - and will be - that would be very helpful to know. Otherwise lhefll will be recommendations for provisions for this bill. From: [email protected] [mailto:[email protected]] Sen~21, 20088:19 PM To:_ Subject: In 2129. Where r u7 ------From: Sent: ~ember 22,200812:12 PM To: Subject: ~BF I :) ,I But this timo Hank lleeds to collllDllllioate the agrccmeJJ.t more aggressively k' his stam --OriginalMessagc--" From:...._ ~~22,200812;01 PM Su~ Just talked t<> fiF. He said to have me step illto the mlging ,,;ith paUISOll and hopefully we can ,orne commitment fi'om them loday. --Original Me,sage -- Sent Mon Sep 2211:55:022008 Subject: RE: memo for BF Note that we have heard concern from one ofour minori Iy members this nloming about this particular issue: - come talk to me again plea.., , ! I'll drop tho atlached memo in BF. hox. MEMORANJ)UM To: Barney From:_ Date: ~008 Re: Update on National Bankers Association's Proposal re: Preferred GSE'SlockBuy-bHck **.************••**.**••************••****••••••••••••**********••••***••••*•• I have called over to Treasury congressional staffa number oftimes ~ reached out directly to Frommer, Secretary Paulson's COS. but we have not been able to get a firm commitment from themahout whether they will pursue National Dankers Association's (NBA) proposal to redeem thc GSE preferred stock held by minority depository institutiollll (MDl) in an amount equal to the lesser of: (1) the amount the MDT paid for the stock; or (2) the amount necessary to return the .MOl back to "well-capitalized" status. Frommer told_that while Paulson wants to be supportive, Frommer is not completely sure ifTreasury has~ administrative authority to implement the exact NBA proposal.~d I have not been able to' get an answer from Treasury about what regulatory barriers u;ey;;;aythink exists to prevent them from implementing the proposal. _ is going to raise the iS8lle again with Frommer when she meets with him this afternoon. Banks' call report data is due on September 30. FDIC congressional staffindicates a willingness to work with affected institutions on their capital restoration plans but, without a firm commitment from Treasury to redeem the GSE preferred stock, OneUnitcd believes the bank will be shut down at the end oflbe month. OneUnited estimates thaI it would take about $41 million to keep OneUnited at well-capitalized status through the NBA's buy-back preferred stock proposal. ICBA has now raised similar concerns to NBA that some community banks may be considered undercapitalized because oftheir significant write-downs ofGSE preferredstock. Do yon want to tly to include a specific reference in the CR to address the NBA's proposal or continue 10 have stafftry to get Treasury to issue a firm commitmenl to implement the proposal? In 2129. Whereru? Page 1of! From: Sent: To: SubJe<:t: FW: In 2t29. Where r u? fyl : From__ Sent:~00811:49AM To: '[email protected]' ec: '[email protected]' Subject: RE: In 2129. Where r u? I know you folks are going under for third tima but.1 really need some guidance on what can be done about the National Bankers Association proposal. It Is a huge priority for our minority caucuses who have had other major concerns not to date aooommodated in pending bill. We are talking here about the potential failure of minority insmutlons that Treasury has a statutory responsibilily to promote. BF and HP spoke personally and the Secretary indicated he was committed to being helpful. I just need to know what that means. If the Isslle can be dealt with administratively -- and will be -thatwould be very helpful to know. Otherwise there will be recommendations for provisions for this bill. From: [email protected] [mallto:K1ng.Mueller@ From: Mr. Michael Grant~nationalbankers.orgl Sent: Tuesday, Septem~d08 3:57 PM To: [email protected]' Subject: Firrea 308 ammendment (2) 9-23 Attachments: Firrea 308 ammendment (2) 9-23.doc ~ I've read the documents you sent me and have edited appropriately. I've also read Bob Coopers' language. He is suggesting that we ask our members to call Members of Congress and request that they consider minority banks as they deliberate proposed passage of Treasury's $700 billion bailout. I'm also mindful of your desire to poll the membership about how much money they have received from Treasury's voluntarily MBDP. What are your suggestions for how the national office should proceed in these matters? MICHAEL A. GRANT, J.D. President W01ddn~ this lending approacb below help with NBA usues? From~ Sent: Weilnesday, Scptemhcc 24,2008 1:30 PM To' i Subjec 1 From: Sent Wednesdsy, September 24, 2008 I :28 PM To_ Su~Proposal for Commuuity Banks • asked me to forward this proposal and his though'" onit to you. Let me know ifyou have any further tItoughts on the idca. - on 'nal Messa e ---- To Cc Sent: Wed Sop 2411:11:522008 Subject; RE; Proposal for Community Banks ..Let's make sur_es thi!;. • Excellent thoughts; I will get the'" lo the Committee. An 1n1tiul reat.'tion we received Was that we should not discriminate among lender•. (Ofcourse, that ignores the ract that, on balance, tIriB mess was caused bythe big banks, not the small ones,) Hal'e you gotten the various bank lobbying groups involved'! J1111 From: Sent: Wednesday, September 24, 2008 10;27 AM Subject: Re: Proposal fOr Commnnity Banks •Responding to your email from yesterday, the be.tcase I .ee for the loan approach to collllllllllity ban1c.< to fund their "illiquid" or non-porfurming assets is as follows; I. Should the bail-out bl11 for larger banks go forward as proposed, tbe real estate market will be sa1llIated with cheap assets, thns decimating the value ofaconnnunity baok's real eatate portfolio. 2. The proposed loan for community banks allows the affucted hanks time to get through the resulting reaI estate chaos and dispose oftheir Page 1 of! FrOm: Sent: Tuesday. September 23; 2008 8:00 PM -' J To: - J Cc: SUbject: FW: Preferred StockIMA Bank Issue Attachments:-COFf Redemptlon.prall Text.doc If you have a chance. please take a look at the drallianguage and give us any suggestions you heve for Improvlng It. Thanks. -From_ sent:~tember 23,20084:17 PM To: Cc: Subject: Preferred StockjMA Bank Issue • BF confirmed this afternoon that he wants to address this in the rescue bill. Here's our.drafllanguaga .-yourreview and commant. Draft Legislative Language For Section II. The Secretary may establish a procedure to purchase the preferred stock oftha entities under conservatorship lDl The HonOl"ble Barney Frank 4th Ccmgressional District 2252 Rayburn lIoose Offi..Building Washington, DC20515 Re: National Hanken Association - Position Statement Regarding Legislative Proposal for Treasury Authority to Purchase Mortgage Related Assets C'Crisis Proposal") Dear Senator Dodd lllld Ccmgrcssmau Frank: The National Bankers Association ("NBA0) recognizes dIe need for Congress to keep AOlctica open for business and remain the world', best example ofa strong free market system with the ability to OOjtlst and create an ee Many cOllUl1JJl1lty banks and, more specJfic.l1y, minOlity banks h.ve historlcally mooe sub,prime loans, but not "sub-rosa loans" (loans unable (0 widlstand public seruliny) .s defined by the cemnt mortgage crisis. For IDe communities they serve, minority banks are Integral and vital institutions and have shown that their expertise to safely nnd soundly lend (0 the socially. or eeonomieally disadvantosed ofMsin Street. Therefure, as IDe roseue plan unfolds, tho need to ensure tho( lhose that arc • representative and stabilizing force for Main Street are also considered. The NBA proposes the following bo included in the text ofthe Crisis Proposal: "Notwithstanding any other pravision of law. the Secretary shall purchase. administer, and dispose ofmortgage-related ttlIsets purcha.,..d under this Act In a manner consistent with the purposes of the FilUlJlclal btstllU/lom Reform, Recovery, andEnfOrcement Act qf1989 regarding preserving minority depository i,,'ffhttions and theh- minority character and preventing tnsolvency of such insfftuJlons and also consistent with the purposes of Title 1 o[ the Riegle Community Development and Regulatory bnpl'ovement Act o[1994 to promote .conomie , ..italhatton and community deve/op1lUJnt through Community Development Financio11nstitUffo/l4." 1513 P s_~ NW., W....hIgIo., II. C. Z0005 (%0%) 588-5432 'III (202) 588-5443 Senator Christopher J. Dodd Congfessman Barney Frank September 24, 2008 Page 2 In addition, as Congress looks 10 purchase the troubled assets ofprincipally Wall Street financial institutions, the NBA and its constituent minority banks ask that Congress also look to strengthen Section 308 of the Financial Institutions Refunn, Recovery, and Enforcement Act of 1989 ("FIRREA''), which provides for the preservation of minority banks by establishing within Section 308 ofFlRREA tbat: • The Treasury's Minority Bank Deposit Program ("MBDP") becomes a requirement of participation for all federnl agencies and any state, local government or private sector institution that receives funds from the federal goverrunent; • All federal agencies establish an Office of Minority Economic Impact to manage, monitor and report on the results ofthe agency's MBDP; • That the MBDP provides fur a minimum of$5 billion in deposits; and • That the results ofthe program be reported to Congress at a time period to be determined. Minority banks have shown that they have the understanding and expertise to lend to the economically disedvantaged communities with safe and sound practices. The above proposals, in addition to providing liquidity to those on Main Street who have been hardest hit by the IDmtgage crisis, are de.~igned to preserve an impOltant source ofcOlDIDunity development capital and encourage economic opportunity in these communities. •••• The NBA and its constituency are determined to support and be a significant part ofthe solutions to this crisis. We thank you for your consideration ofour proposals and appreciate your effurts on behalf of the homeowners, neighbors and communities who have suffered and will suffer most in this financial crisis. Very truly yours, /It~./t~p~· -' Michael A. Grant President ------From: @Icba.org] Sent: ,20084:11 PM To: Cc: SUbJect: Importance: High Attachments: Banks that dropped to undercapitalized 092408.doc; Banks dropped to adeq capllalized 09240B.doc; GSE tables all banks 09240B.doc Banks that dropped Banks dropped to GSE tables 811 to undercap_.. adeq capital... banks 092408.d_ c asked me to f",ward the attached information yon reqnelltOd. Noto, we aTe lrtill recelving surveY" back from oor , So far, ofabout 640 repon ExeD\1tive Vice President, Government Relations Independent Community Bankers ofAmerica PI"".e consider your environmental responsibility before printing Illi, ..mail 107 Q Right, no. I understand that, A So I would direct you to talk to Treasury, to talk to the SIGTARP, or to talk to GAo. Q But to your knowledge, do you know if any T know you were working on this issue. Right. I was working on this issue, but I haven't worked as closely with the follow-up as to who mayor may not be getting TARP assistance or other issues that 1 am currently working on, Q 1 am just wondering if you had any other figures you know, at OflelJflited, tor ex-ample, approdmately? Do you have any other banks that you could just list that stuck in your mifld as they receivE'd TARP funds, and appro;:imately how much! A Right. Not that ,tuck in my mind. At the time that we were drafting the provision that you referenced earlier, we thought that there were up to 48 institutions that were of that size that may have been exposed because of the conservatorship that could have been impacted hy the provision. Q Okay, 00 you know if there was anybody else on the Financial Services (OI1Imittee that dealt with l(BA issues other than yourselfI ~as there an !CBA person or, you know, somebody kind of in charge of that component? Not .. ! don't think that there is. There are people who Werl' handling GSEs in partiCUlar, and so they were monitoring morE' closely the conservatorship, There's a, you know, number of staff that was involved in the TARP legislation, There's a nUllber of CSOC.WAT.TRANS.000191 Alleged Assistance of COS • 2 sent emails to Frank Staffer - OU is in Trouble • 1 sent email Chairman-elect of the NBA - Ca II in the Office • 1 Sent email to Kevin Cohee} - Copy of widely available TARP first Draft • 2 unsolicited emails received from Cohee with no response Moore. Mikael frQl'll: Moore, Mikael 8,",1: Saturday, September 20, 2008 3:44 PM To: 'kcohee@oneuRited_COffi' Subject: Drilft Attacltmenls: Treasury[)ralt)_pclt • Mlkael Moore ChiefOfStaR' \ Congresswoman Maxine Wliten (CA-35) 01 202-225-2201 I Co 202-821-2377 f: 20Z.22s-78S4 From: Moore, MIkMl sent: S8tun:lay, September 20, 2008 3:11 PM TOl HarwIt%, JOIliIlhan; Ouertlll:anl, Charta Subject: FW: I3lIllout Memo - Waters \ \ .• , .... LEGISLATIVE PROPOSAL FOR TREASURY AlJIHORITY TO PURCHASE MORTGAGE-RELATED ASSETS I Section 1. Short irtlc. \ 'J, This Act may be cited as _ I " Sec.. 2. Ptttchases ofMortgage·Relatcd Assets.. (1) appoilrting sw:h employeQ as may beo:equlrcd to curyout tbc authoriticis inthis.Act and definingtheirdulics; . (2) enterhlg into cootracts, including cobtnu::ts for services au.thorized by section 3109 oftl"tlc: 5, United States Code, without regard to any other provision oflawreprdi1lg public contnlctS; (3) designating financial institutions as financial agents oftho Govemp'''''t. and 1beyahall perfurm all8Wlh reasonable dulill8 relat&d to this Act as finaneial agentsoftbe Govomml!llltas ll1IlY be required ofthem; (4) ~1lshiogwhic1cs that ~ 1lIrthoriZlld. subject to supcrvlsion by tho Seorotary, to purobuemottpge-related assets and isslu> obligatiOl:lS; end (5)iaIlIiDg such resuJationS and other guidance asmay belIeCessar)' or 8ppIopriate to define terms orcany outthe authoritiei ofthis Act Sec. 3. Consfdetatious. In exen:ising the authoritics granted in thJa Act, the Secretary shall take into collllideratiOI1 IneIlDS fur- {Uprovidlng rtallility orplovc.utiDg disruption 10 the lill.."....I_...... -_..--,.• svsmm~ lIM Appearance • "The Standards Committee found that no relevant House rule or other standard of conduct prohibits the creation of an appearance of a conflict of interest..."(Graves, V) • The committee does not identify a House Rule or other standard of conduct that prohibits the creation of an appearance that a Member is taking official action for respondents personal benefit. • The Ethics Manual states that "appearance of conflict of interest is only precluded in very narrow ci rcu mstances." Biaggi • The committee misrepresents this case to justify its appearance standard. They left out half of the Cite. • The Committee believes that the circumstances giving rise to Representative Biaggi's Acceptance ofGifts... clearly and convincingly establish that his efforts on behalfofCoastal were received under circumstances which could be construed by reasonable persons as influencing his representational duties. Charges • XXIII, Clause I • The Spirit of XXIII, Clause 3 • Code of Conduct, Clause 5 • All of these charges depend on the receipt of a benefit and identifiable and actionable assistance.