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U.S. Bankruptcy Court
Central District Of California (Los Angeles)
Bankruptcy Petition #: 2:08-bk-21752-BB
It's a start but I will email S&G also. Thanks for the draft.
It's not too early.....The earlier the better. Can you send me a blueprint of yours? Thanks.
I already have mine ready when can we.send them in is it to early
I'm banned from the other board but I agree. Screw the commons and I also think that objections should be filed, unless there's hidden value. The hidden value is a huge possibility but that could just be the NOL's and maybe a few other things. We need clarification from the EC but of course we won't get it until the BK is over with. I do think that there's more than what meets the eye.....
IDMCQ and all classes revoked :
http://www.sec.gov/litigation/admin/2011/34-64020.pdf
SEC Charges Former Mortgage Lending Executives With Securities Fraud
FOR IMMEDIATE RELEASE
http://www.sec.gov/news/press/2011/2011-43.htm
Washington, D.C., Feb. 11, 2011 — The Securities and Exchange Commission today charged three former senior executives at IndyMac Bancorp with securities fraud for misleading investors about the mortgage lender’s deteriorating financial condition.
The SEC alleges that former CEO Michael W. Perry and former CFOs A. Scott Keys and S. Blair Abernathy participated in the filing of false and misleading disclosures about the financial stability of IndyMac and its main subsidiary, IndyMac Bank F.S.B. The three executives regularly received internal reports about IndyMac’s deteriorating capital and liquidity positions in 2007 and 2008, but failed to ensure adequate disclosure of that information to investors as IndyMac sold millions of dollars in new stock.
IndyMac Bank was a federally-chartered thrift institution regulated by the Office of Thrift Supervision (OTS) and headquartered in Pasadena, Calif. The OTS closed the bank on July 11, 2008, and placed it under Federal Deposit Insurance Corporation (FDIC) receivership. IndyMac filed for bankruptcy protection later that month.
“These corporate executives made false and misleading disclosures about IndyMac at a time when the company’s financial condition was rapidly deteriorating. Truthful and accurate disclosure to investors is particularly critical during a time of crisis, and the federal securities laws do not become optional when the news is negative,” said Lorin L. Reisner, Deputy Director of the SEC’s Division of Enforcement.
According to the SEC’s complaints filed in U.S. District Court for the Central District of California, Perry and Keys defrauded new and existing IndyMac shareholders by making false and misleading statements about IndyMac’s financial condition in its 2007 annual report and in offering materials for the company’s sale of $100 million in new stock to investors. In early February 2008, IndyMac projected that it would return to profitability and continue to pay preferred dividends in 2008 without having to raise new capital. In late February 2008, Perry and Keys knew that contrary to the rosy projections released just two weeks earlier, IndyMac had begun raising new capital to protect IndyMac’s capital and liquidity positions. Specifically, Perry and Keys regularly received information that IndyMac’s financial condition was rapidly deteriorating and authorized new stock sales as a result. Yet they fraudulently failed to fully disclose IndyMac’s precarious financial condition in the 2007 annual report and the offering documents for the new stock sales.
The SEC further alleges that Perry knew that rating downgrades in April 2008 on bonds held by IndyMac Bank had exacerbated its capital and liquidity positions to the extent that IndyMac had no choice but to suspend future preferred dividend payments by no later than May 2, 2008. This material information was not disclosed in IndyMac’s ongoing stock offerings. Perry also failed to disclose in various SEC filings or a May 2008 earnings conference call that IndyMac would not have been “well-capitalized” at the end of its first quarter without departing from its traditional method for risk-weighting subprime assets and backdating an $18 million capital contribution.
According to the SEC’s complaint, Abernathy replaced Keys as IndyMac’s CFO in April 2008. He similarly made false and misleading statements in the offering documents used in selling new IndyMac stock to investors despite regularly receiving internal reports about IndyMac’s deteriorating capital and liquidity positions.
The SEC also alleges that in summer 2007 while serving as IndyMac’s executive vice president in charge of specialty lending, Abernathy made false and misleading statements about the quality of the loans in six IndyMac offerings of residential mortgage-backed securities (RMBS) totaling $2.5 billion. Abernathy received internal reports each month revealing that 12 to 18 percent of IndyMac’s loans contained misrepresentations regarding important loan and borrower characteristics. However, the RMBS offering documents stated that nothing had come to IndyMac’s attention that any loan included in the offering contained a misrepresentation. The SEC alleges that Abernathy failed to ensure that the quality of IndyMac’s loans was accurately disclosed and failed to disclose that information had come to IndyMac’s attention about loans containing misrepresentations.
Abernathy agreed to settle the SEC’s charges without admitting or denying the allegations. He consented to the entry of an order that permanently restrains and enjoins him from violating Section 17(a)(2) and 17(a)(3) of the Securities Act and requires him to pay a $100,000 penalty, $25,000 in disgorgement, and prejudgment interest of $1,592.26. Abernathy also consented to the issuance of an administrative order pursuant to Rule 102(e) of the SEC’s Rules of Practice, suspending him from appearing or practicing before the SEC as an accountant. He has the right to apply for reinstatement after two years.
The SEC’s complaint charges Perry and Keys with knowingly violating the antifraud provisions of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and aiding and abetting IndyMac’s violations of its periodic reporting requirements under Section 13(a) of the Exchange Act and Rules 12b-20 and 13a-1 thereunder. Perry also is charged with aiding and abetting IndyMac’s reporting violations under Exchange Act Rules 13a-11 and 13a-13. The SEC’s complaint against Perry and Keys seeks permanent injunctive relief, an officer and director bar, disgorgement of ill-gotten gains with prejudgment interest, and a financial penalty.
The SEC acknowledges the assistance of the FDIC in this investigation.
# # #
For more information about this enforcement action, contact:
John M. McCoy III
Associate Regional Director, SEC’s Los Angeles Regional Office
(323) 965-4573
Kelly Bowers
Senior Assistant Regional Director, SEC’s Los Angeles Regional Office
(323) 965-3924
Donald W. Searles
Senior Trial Counsel, SEC’s Los Angeles Regional Office
(323) 965-4573
http://www.sec.gov/news/press/2011/2011-43.htm
SEC Complaint v. Abernathy
http://www.sec.gov/litigation/complaints/2011/comp-pr2011-43-abernathy.pdf
SEC Complaint v. Perry and Keys
http://www.sec.gov/litigation/complaints/2011/comp-pr2011-43-perry-keys.pdf
I do not think the shareholders will get anything from the sales. It
is heading back to .021 due to recent significantly oversold anyway!
IDMCQ already bounced 64% from its bottom 0.0055 to new high 0.009.
whats going on with this stock is it possible for share holders to get anything.
It is up 60% already from 0.0055 to 0.0088! 0.0086 x 0.009 now. Very
soon the huge bank stock will explode to 0.015 ~ 0.021 once we break
up the resistance 0.0096! 0.0055 must be the forever bottom. Cheers!
It is the first time the bid x ask at the high 0.0085 x 0.0088 since the CH7 bank stock hit the new 52-week low 0.0055. IDMCQ is heading
onto the new high 0.015 ~ 0.021 in the coming weeks due to oversold!
I have no plans of selling at all. This is a long term hold for anyone that has ever played Q plays.
Hopefully this week will finally start the rally from 0.0074 to 0.02
due to over 10M shares sold at 0.0055 ~ 0.009! Please do not sell at
the bid to drag the price down! Instead buy at the ask only ASAP...
It is hard to understand the very strong support at .008 has finally
been broken today! Anyway I am buying those cheap shares & will sell
them at 0.016 ~ 0.021 later to make 100% or more quick profit! I may
buy up to 5M shares at 0.0055 ~ 0.0074. Please buy at the ask only!
Who are such stupid which kept dumping the shares at 0.008? So far I
bought 5M+ shares at 0.0055 ~ 0.0085 and will sell at 0.017 ~ 0.021!
Who are those very stupid sellers who are selling the endless shares
at 0.008x? I bet they must be the sick shorters or naked shorters!
I am very glad to see 0.008 has formed a new unbreakable support! It
is time to launch the big rally and push the price up to 0.016~0.024
Survey: how many shares do you guys own now? I own 4,975,186 shares.
IDMCQ already built the bottom 0.0055, unbreakable support 0.006, &
very strong support 0.007! 0.008 is forming another strong support.
The big rally is brewing now & will push the price to 0.015 ~ 0.022!
Who are those very stupid sellers who dumped 302,051 shares at 0.008
so far? The huge bank stock will surge back to 0.011~0.021 very soon
Near 8M shares dumped at 0.0055 ~ 0.01 so far! The big sell off from
the insiders or institutions should be done now. IDMCQ will rally to
0.011 ~ 0.021 in the coming days or the next week due to oversold...
IDMCQ has finally bottomed out at 0.0055 and ready to bounce back to
0.011 or even 0.021 in the short term! Please do not sell at the bid
& buy at the ask only ASAP! It is significantly oversold below 0.02.
If oversold, would you buy at this level?
No answer needed.
I am following with no ineterst but an underdog chance this catches some of us by surprise,maybe?
imo
jimmy
I am very glad to see IDMCQ has finally bottomed out at 0.0055! With
over 7M shares dumped at 0.0055 ~ 0.01 it is significantly oversold now and it should bounce back to 0.01 or even 0.011 again. Cheers!
Who are selling the endless shares at 0.007 ~ 0.008 recently? Why? I
bet they must be the bank insiders who got tens of millions of free
shares and now dump to the clueless buyers! Can 0.0055 hold bottom?
Why the CH7 bank stock had been suffering the sick MM's manipulation
in 12/2010? It happened at the opening time of almost everyday. Will
that manipulation happen again if the spread between bid & ask gets
widening? Will the common shares be canceled very soon due to CH7?
Value I think I may have mis-spoken but I do not have shares but I have it saved in my stocks to watch.
It does seem bad for this stock as it seems to tumble but who would buy that many? Usually but not always, seems to be a player who sneaks in but also a fool,maybe?
Any good ideas?
imo
jimmy
I love Q-plays. This is going to be fun.
May I ask who assigned me on Mod's Assits on this Board? LOOOOOOOL.
The new 52-week low 0.0055 was created today! Sell the CH7 pos scam at the bid ASAP before it hits another new low 0.005! Who had bought hundreds of millions of shares at .021 ~ 0.295 after the bankruptcy? Are they very stupid or smart? Why bought the shares at .021 ~ 0.295
then sell them at 0.0055 ~ 0.02?
As of today over 2M shares dumped at 0.0056 ~ 0.008! The selling MMs
seems having unlimited shares to sell before the end of 12/31/2010.
Near 1M shares dumped at 0.0075 ~ 0.008 today! Who did that? why?
New 52-week low 0.0056 was created last week! Sell the CH7 stock at the bid ASAP before it hits another new low 0.005! Who had purchased hundreds of millions of shares at .021 ~ 0.295 after the bankruptcy? Why had the stock broken the previous 52-week low or bottom 0.021?
have had this stock in my favorites for awhile!
Just your comment alone has peaked my curiosity.
If this was bought already in 09, why would anyone buy the stock?
Please explain and thanks in advance,
jimmy
New 52-week low 0.0111 was created today! Sell the CH7 stock at the bid ASAP before it hits another new low .011! Who purchased hundreds
of millions of shares at 0.021 ~ 0.295 after the bankruptcy? Why?
New 52-week low 0.0117 was created today! Sell the CH7 stock at the bid ASAP before it hits another new low 0.0111! Who bought hundreds
of millions of shares at 0.021 ~ 0.295 after the bankruptcy? Why?
New 52-week low .012 was created today! Sell the CH7 pos scam at the bid ASAP before the bank cancels all the common shares! Why it still
trades after filing the CH7 bankruptcy for over two and half a year?
New 52-week low .013 was created today! Sell the CH7 pos scam at the bid ASAP before the bank cancels all the common shares! Why it still
trades after filing the CH7 bankruptcy for over two and half a year?
when is this stock going to do something? All i see are MM's trading stock with each other.
i really think yor right out of all the banks indymac is the only tradeing symble
Good Mornings,, Hope you make a million this year.. 10 cents on the way..
I hope wamuq jumps first.so i can take my profits from that and add more to my holdings here.....then BLAMO!,Im RICH BITCH!
WON'T BE LONG.. THERE IS A HARD PRESS GOING ON RIGHT NOW... ALL THE BANKS ARE GOING TO JUMP... AND INDYMAC IS STILL TRADING AT FIVE CENTS FOR A REASON... IT AIN'T OVER TIL IT'S OVER..
anything above .10 would be nice
3 bucks would be sweet... I think 4 bucks do I hear 5 dollars from anyone.. LOL I do like the volume this should run to .20 anything above that is gravy...
a few bucks is a safe bet
What a awsome chart any speculation on p/s only in 10,000 shares but looks goood!
yep, something is happening.....
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By ALAN ZIBEL , 01.02.09, 05:46 PM EST
A seven-member group of investors has teamed up to buy the remnants of failed lender IndyMac Bank, a symbol of the housing boom and bust, for $13.9 billion, federal regulators said Friday.
IndyMac, which specialized in loans made with little down payment or proof of assets, was seized by the government in July after a run on the bank as the U.S. housing market collapsed.
The Federal Deposit Insurance Corp. said a holding company led by Steven Mnuchin, co-chief executive of private equity firm Dune Capital Management, agreed to buy IndyMac in a deal reached Wednesday and expected to close by early next month.
The investors have formed a partnership, called IMB Management Holdings LP, that includes Dell Inc. founder Michael Dell's investment firm, MSD Capital.
Once the deal closes, the investment group would pour $1.3 billion in new capital into IndyMac and continue to operate the Pasadena, Calif-based bank, the FDIC says.
"We have assembled a group of experienced private investors in financial services to acquire the former IndyMac and operate it under new management with extensive banking experience," Mnuchin said in a statement. "We will inject significant private capital into IndyMac so that it can once again effectively serve its customers and communities."
Other investors in the partnership include five private equity firms or hedge funds: J.C. Flowers & Co.; Stone Point Capital; Paulson & Co.; a fund controlled by billionaire George Soros' Fund Management; and a fund controlled by Silar Advisors LP.
IndyMac has 33 bank branches in Southern California with about $6.5 billion in deposits, about half the company's total at the time of its failure. Other IndyMac assets include a $157.7 billion loan servicing business, which collects mortgages and distributes them to investors, and a reverse-mortgage company, known as Financial Freedom.
As part of the deal, the FDIC agreed to assume losses on a portion of IndyMac's loans. The new investors would shoulder the first 20 percent of the bank's loan losses, with the FDIC taking on the majority of any losses thereafter. The FDIC used a similar loss-sharing agreement when Downey Savings and Loan Association failed in November.
In return, the IndyMac investors agreed to continue a closely watched home-loan modification program launched by FDIC Chairman Sheila Bair in August that has completed about 8,500 loan modifications so far.
The investors have received preliminary clearance from the federal Office of Thrift Supervision to run the bank as a federal savings association. A final decision is expected in the coming weeks.
Thrifts have been the most troubled regulated institutions during the financial crisis and among the most spectacular failures. By law, they must have at least 65 percent of their lending in mortgages and other consumer loans - making them particularly vulnerable to the housing downturn.
FDIC officials noted that private equity firms have bought up failed institutions before. In the early 1990s, two failed banks - Bank of New England and CrossLand Federal Savings Bank - were sold to private equity firms.
Dune Capital was founded in 2004 by former Goldman Sachs Group Inc. partners Mnuchin and Daniel Niedich.
Flowers, who launched, then dropped, a bid to buy student lender Sallie Mae last year, also is a former Goldman Sachs partner. Paulson & Co. made billions in profits in recent years by betting on the failure of risky home loans.
The IndyMac deal comes as regulators have eased restrictions on such purchases. Previously, private-equity firms could not hold more than a 24.9 percent stake in a bank without becoming a bank-holding company.
The failure of IndyMac, which had $32 billion in assets, was the second-largest last year, trailing only the September failure of Washington Mutual Inc. Losses to the FDIC's bank insurance fund are expected to range between $8.5 billion and $9.4 billion.
The Seattle-based thrift was the biggest bank to collapse in U.S. history, with around $307 billion in assets. Washington Mutual was acquired by JPMorgan Chase & Co. for $1.9 billion.
A total of 25 U.S. bank failures in 2008 compare with three for all of 2007 and are far more than in the previous five years combined. Many more banks are expected to sink this year.
One unresolved issue is IndyMac's relationship with investors in mortgage-linked securities, including Fannie Mae and Freddie Mac, the government-controlled mortgage finance titans.
Fannie, Freddie and other investors have the right to try to return IndyMac loans if they claim they violate the terms under which they buy mortgages. About $1 billion in loans owned or guaranteed by Fannie Mae are in question.
Fannie Mae "is working constructively with the FDIC and IndyMac to reach a resolution that is in the best interests of all parties involved," Fannie spokesman Chuck Greener said Friday.
Copyright 2008 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed
www.fidic.gov/bank/individual/failed/IndyMac.html
IndyMac Bancorp Inc.
888 East Walnut Street
Pasadena, CA 91101-7211
Phone: 800-669-2300
Fax: 626-535-8203
Website: http://www.indymacbank.com
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