Mayor Appeals To Fed, Charlotte Leaders Briefed On Wachovia Impact
Sunday, October 5, 2008 – updated: 8:49 am EDT October 7, 2008
CHARLOTTE, N.C. -- Channel 9 Eyewitness News has obtained a letter sent by Charlotte Mayor Pat McCrory to the Federal Reserve and the FDIC concerning the battle for Wachovia.The letter was sent Monday. It urged the groups to protect Charlotte's interests in their negotiatons over the future of Wachovia. "I ask that the primary focus be on maintaining jobs and recognizing Charlotte's strengths of highly skilled workforce, low business costs, comprehensive infrastructure, and a vibrant quality of life," McCrory wrote.Wachovia, Citigroup, and Wells Fargo on Monday agreed to a standstill of all formal litigation activity -- a sign that the banks and the Federal Reserve are working feverishly to reach an agreement over the fate of Wachovia.The standstill agreement will end at noon on Wednesday, unless extended.McCrory said in his letter on Monday, "the bank and its employees are a key part of the fabric of our community and the state."Charlotte's chamber of commerce told city council Monday night that no matter what happens to Wachovia, Charlotte will stay the second largest banking center in the country.Chamber president Bob Morgan said Charlotte will still have more financial assets than San Francisco. And he reminded council that Charlotte is not a one-industry town. He said, "We do have a diverse economy. It's not just banking that brings wealth here."He also said he's trying to convince Wells Fargo and Citigroup to keep jobs in Charlotte.But local leaders like Mayor Pat McCrory admit they don't know how the buyout will play out. McCrory told council, "They're going at a speed that's unrecognizable in any business consolidation or history."Federal Reserve officials have been in talks with Wells Fargo and Citigroup in the hope of getting the parties to come to some sort of agreement, according to a person with knowledge of the talks. The person spoke on condition of anonymity because of the sensitive nature of the matter. The Wall Street Journal reported Monday that the discussions could result in the two suitors carving up Wachovia Corp.'s network of 3,346 branches along geographic lines, citing people familiar with the situation.A local financial professor said he was surprised by the talk of a split. He said he questions whether a deal brokered by the government is really best for shareholders. “I think that it’s in the interest of the government to insure that unless Wachovia's insolvent, the shareholders have the right to decide on a better value for the company,” said Harry Bowen of Queens University. Early last week, New York-based Citigroup Inc. agreed to buy Wachovia's banking assets for $2.1 billion in a deal brokered by the Federal Deposit Insurance Corp. In a surprising twist of events, San Francisco bank Wells Fargo & Co. announced Friday that it agreed to acquire Wachovia in a deal worth $15.1 billion at the time, or $14.4 billion based on Wells Fargo's closing price Monday of $33.64. Wells Fargo's deal did not require any government support. The battle between Citigroup and Wells Fargo for Charlotte, N.C.-based Wachovia moved to both state and federal court over the weekend. All of the parties involved have stressed the urgency of reaching a resolution, as a prolonged court fight could further weaken the ailing Wachovia. "If this goes into a protracted legal battle, everybody loses," said Frederick Cannon, an analyst at Keefe, Bruyette & Woods in an interview with The Associated Press. "Wachovia is big enough that it would be a negative for the financial system. Given that situation, we will see a resolution pretty quickly." Roger Cominsky, a partner in the financial institutions and lending group at the law firm Hiscock & Barclay, added that the eventual buyer will want the deal done as fast as possible to preserve the highest value of Wachovia, while the FDIC wants to avoid a potential run on the bank if the fight is drawn out.Local experts agree that litigation will prolong the saga, only making it worse.“There are four separate lawsuits going on right now, each of which will have to get resolved in its own right. So it could be weeks or months,” said Sterling Spainhour, a professor at the Charlotte School of Law.Spainhour said any deal that gets the disputes resolved quickly may be what’s best for shareholders. Wachovia, like many banks, has been slammed over the past year by defaulting mortgages, particularly in its portfolio of option adjustable-rate mortgages, which allowed many customers to pay less than the monthly interest owed on the loan. It was clear from documents filed in federal court Sunday that Wachovia was in considerable trouble when it agreed to the Citigroup deal. Wachovia disclosed that it agreed to the deal "with the understanding that a seizure of its banking assets later that day by the Federal Deposit Insurance Corp. would occur" unless it accepted Citigroup's proposal. Earlier Monday, Citigroup sued Wachovia, Wells Fargo and the directors of both companies, seeking more than $60 billion in damages for interfering with the bank's planned takeover of Wachovia's banking operations. The complaint, brought on Saturday and filed Monday in New York Supreme Court, seeks more than $20 billion in compensatory damages and more than $40 billion in punitive damages from Wells Fargo for tortious interference. Citigroup also seeks relief from Wachovia for what it called its bad-faith breach of the banks' contract.The Citigroup complaint states, "Had Citigroup not stepped up in this way, Wachovia would have failed the following day and the debt issued by its holding company would have collapsed, with potentially devastating implications for the stability and security of the financial markets." In an additional statement, Citigroup said it delivered an "executed copy" of its agreement with Wachovia to Wachovia's counsel late Sunday. At the time the Wachovia-Wells Fargo deal was announced, Citigroup and Wachovia had agreed and were simply finalizing documents, Citigroup said. The standstill agreement reached late Monday immediately halts this and all other litigation activity. On Sunday, the Appellate Division of the New York State Supreme Court dismissed an order issued late Saturday by Justice Charles Ramos at Citigroup's request that would have extended the time Citigroup had to complete its acquisition of Wachovia. The fight was also waged in federal court, where Wachovia asked U.S. District Judge John Koeltl to declare invalid part of the Citigroup deal that would have restricted Wachovia from considering competing bids. Also Sunday, a county court in North Carolina ruled against Citigroup in its battle for Wachovia. The Superior Court Division of Mecklenburg County General Court of Justice in North Carolina issued a temporary restraining order on behalf of two Wachovia shareholders prohibiting Citigroup from enforcing provisions of its takeover bid of Wachovia. The provisions restrict Wachovia's ability to negotiate other potential deals.The legal battle is scheduled to be in Charlotte on Thursday, when a judge has ordered a representative from Citigroup to be present for a hearing on the suit filed by the shareholders. Wachovia shares dropped 43 cents, or 6.9 percent, to close at $5.78. Citigroup shares fell 94 cents, or 5.1 percent, to $17.41, while Wells Fargo shares slipped 92 cents, or 2.7 percent, to $33.64.
Ex-CEO Of S&L Bought By Wachovia Defends Record
Herb and Marion Sandler were once hailed for running their savings and loan company like a mom-and-pop shop. But the former co-chief executives of Golden West Financial Corporation are being vilified as ruthless home lenders who helped destroy Charlotte (North Carolina)-based Wachovia and contributed to the nation's financial decay. Wachovia bought Golden West for $24 billion in 2006. Herb Sandler defends his lending record. He says Wachovia is worth substantially more than the nearly $15 billion that Wells Fargo has offered for the company. The 77-year-old Sandler tells The Associated Press that Wachovia's mortgage problems aren't as severe as they might seem, especially now that the federal government is prepared to take some of the deteriorating mortgages off lenders' books. Wachovia, like many banks, has been slammed over the past year by defaulting mortgages, particularly in its portfolio of option adjustable-rate mortgages, which allowed many customers to pay less than the monthly interest owed on the loan.Copyright 2008 by WSOCTV.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.









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