Four more banks have consented to greater levels of regulatory
supervision or operational restraint.
Pierce Commercial Bank -- the only one of the four to receive government
money through the Troubled Asset Relief Program--consented to the issuance of a
cease and desist order on Dec. 7.
The contract with the Federal Reserve System and the Washington State
Department of Financial Institutions focuses on the Tacoma, Wash.-based bank's
administration of residential mortgages.
The Federal Reserve had earlier cited Pierce's weaknesses in this area
in a supervisory letter dated Oct 2.
The cease and desist order prohibits the bank from underwriting any new
mortgages without prior approval, requires it to hire an outside consultant to
evaluate its management structure and corporate governance, and also restricts
its ability to redeem stock or pay dividends until it corrects its
deficiencies.
The bank's parent company, Pierce County Bancorp, got $6.8 million in
TARP money in January.
The First National Bank of Crossett, in Crossett, Ark., signed a consent order with
the Office of the Comptroller of the Currency earlier this month that seeks to
reduce the bank's level of problem loans, referred to as "criticized assets,"
and to apply stricter supervision to its commercial real estate portfolio.
Edward Holt, Crossett's president and chief executive, said that the
concerns were related to a group of real estate loans in northwest Arkansas,
and that this was "the primary reason for the agreement with the Office of the
Comptroller of the Currency." Although
the agreement does require Crossett to maintain higher minimums of certain
capital levels, the bank as a whole improved its earnings between the third
quarters of 2008 and 2009 and even lowered the total of its troubled assets by
more than $700,000.
The Crossett agreement perhaps signals a greater willingness on the part
of federal regulators to take early action to address an undesirable trend in
an otherwise healthy bank.
Crossett's balance sheets seem to present a healthy bank with a single
red flag, especially when compared with banks that have recently failed or that
have been dubbed "troubled."
Phoenixville Federal Bank and Trust, of Phoenixville, Pa., entered into
a supervisory agreement with the Office of Thrift Supervision on Dec. 8. The agreement seems to arise from
insufficient improvement upon certain weaknesses noted in an earlier
examination by the OTS in May. The
agreement requires revised and enhanced underwriting and credit administration
policies and procedures, especially in regard to commercial loans.
The contract also requires Phoenixville to improve its ability to
identify, classify and monitor "criticized assets," and places the onus for
that upon the company's directors.
Inherent in the agreement is the opinion that the bank has failed to
assess the proper level of risk attached to some of its investments.
Saehan Bank of Los Angeles agreed to a consent order with
the FDIC and the California Department of Financial Institutions on Dec. 2. Unlike
that of the first three institutions, the regulators' criticism of Saehan is
sweeping. The order calls for
immediate and specific actions relating to its low retention rate of qualified
management, its unhealthy dependence upon brokered deposits, its low level of
Tier 1 capital, and its plunging financial performance.
Saehan reported a loss of $29.8 million for the first nine months of
2009, compared with a loss of $1.45 million in the same period last year. Its
nonperforming loans totaled $55.9 million, up from $27.3 million a year
earlier. Indeed, Saehan's troubled assets have increased every quarter since
December of 2007.
Saehan's provisions for loan losses in the first nine months totaled $47.5 million, compared with $10.3 million a year earlier.
The bank's president, Chung Hoon Youk, commented that "We have a number
of capital raising options available to the bank and we are weighing these
options while proceeding with efforts to raise capital through private sources
in the U.S. and South Korea."
A search of federal records reveals that Saehan Bank operated under a
similar FDIC consent order that was issued in June 2002. It took the bank nearly two years to
see that order lifted in May 2004.
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