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United Western Bancorp Inc.(fkaUWBKQ)

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Last Post: 9/20/2017 11:39:11 AM - Followers: 189 - Board type: Free - Posts Today: 3



UNITED WESTERN BANKCORP INC. (UWBK)

This Bank was taken by the OTS, OCC & FDIC Under Color of Law
Now there is a Big Cover Up going on


Shares Outstanding: 29.26


PR FROM FEBRUARY 2011 ANNOUNCING COMPLAINT AGAINST THE OTS (OFFICE OF THRIFT SUPERVISION):


DENVER--(BUSINESS WIRE)-- United Western Bancorp, Inc. (the "Company"), a Denver-based holding company whose principal subsidiary was formerly United Western Bank® (the "Bank), today announced that on February 18, 2011, the Company filed a Complaint in the United States District Court for the District of Columbia against the Office of Thrift Supervision (the "OTS"), the Acting Director of the OTS (the "Acting Director") and the Federal Deposit Insurance Corporation (the "FDIC").

 On January 21, 2011, the Acting of the OTS, in cooperation with the FDIC, seized the Bank and appointed the FDIC receiver based on three alleged grounds: (i) the Bank was undercapitalized and failed to submit an acceptable capital restoration plan ("CRP") within the time prescribed by statute; (ii) the Bank was likely to be unable to pay its obligations or meet its depositors' demands in the normal course of business; and, (iii) the Bank was in an unsafe or unsound condition to transact business. The Company alleges in the Complaint that none of these grounds existed at the time of the seizure. 

A. Gibson, Chairman of the Board of the Company said, "The seizure order issued on January 21, 2011 by the OTS, appointing the FDIC as receiver, is arbitrary and capricious and lacked any rational basis in applicable law."

The Company's Complaint refutes the allegations made by the FDIC and the OTS, and importantly, among other facts cites:

The Acting Director of the OTS, without any reasonable basis, concluded the Bank had failed to submit a CRP acceptable to the OTS. However, despite the statutory requirement that institutions be given a reasonable time to submit a CRP, the OTS demanded that the Bank submit a CRP within seven days, a clearly unreasonable request in excess of its statutory authority.

The Bank's capital position provided no basis to accelerate the standard 45 day time frame for filing a CRP. On December 3, 2010, the OTS directed the Bank to take a capital write-down with the intent of lowering the Bank's capital ratio as much as necessary in order to create the illusion that the Bank was not adequately capitalized. The result of this arbitrary and capricious directive was to lower the Bank's total risk-based capital ratio to 7.8 percent (which is only 0.2 percent below the 8.0 percent ratio required to be considered adequately capitalized). But for the OTS's arbitrary and capricious directive, the Bank would have remained within the technical definition of adequately capitalized and not been subject to the requirement that it submit a CRP.

The Company believes that the seizure of a Bank with a reported total risk-based capital ratio of 7.8 percent and a pending recapitalization is unprecedented. If the standard applied by the OTS to United Western Bank was uniformly applied to banks across the country, a significant number of those banks would be subject to immediate seizure. The majority of the institutions closed by the OTS in 2009 and 2010 were critically undercapitalized, meaning that the ratio of tangible equity to total assets was less than 2 percent. A number of these institutions were insolvent; for example, one of these institutions had a core capital ratio of negative 7.11 percent and a total risk-based capital ratio of negative 7.36 percent.

The Company's research suggests the OTS has not accepted any CRP submitted to it during this financial crisis. Instead, the OTS appears to reject CRPs as a matter of course, regardless of merit, and then asserts that the failure to submit an acceptable CRP is grounds for receivership. The rejection of the Bank's CRP was part of this unreasonable pattern by the OTS.

No grounds existed for the Acting Director to reasonably conclude that United Western was likely to be unable to pay its obligations or meet its depositors' demands in the normal course of business. The liquidity concerns asserted by the OTS and FDIC were based on their unfounded disapproval of the Bank's 17 year-old business model and a fundamental misunderstanding of the Bank's long-term, contractual relationships with certain of its institutional depositors. There was no rational basis for the OTS or FDIC to conclude that the Bank would not continue to effectively manage its institutional depositor relationships as the Bank had for almost two decades, including through the worst of the financial crisis in 2008 and going forward. The institutional depositors would have maintained funds on deposit absent an arbitrary or capricious action by the OTS or FDIC to force withdrawal of such funds. The Bank repeatedly, most recently as of January 20, 2011, advised the OTS that this was the case. The Bank had ample liquidity to pay its obligations and meet depositor demands.

The Bank had over $400 million of cash at the time of the seizure, which represented approximately 25% of total deposits on January 21, 2011.

The Company and the Bank were very close to completing a recapitalization transaction of $200 million, with commitments in place of $149.5 million and parties identified to complete the transaction at the time of the seizure of the Bank by the FDIC. The completion of this transaction would have eliminated the need to seize the Bank, thereby avoiding a significant loss to the Deposit Insurance Fund. This information was provided to the OTS on January 20, 2011.

 The Company is represented in this law suit by its internal counsel and certain inside directors of the Company and certain former inside directors of the Bank are represented by BuckleySandler, LLP of Washington, D.C. and certain independent directors of the Company and certain former independent directors of the Bank are represented by the Washington office of Paul, Hastings, Janofsky &Walker LLP.

I  am not sure you understand, don't confuse the moneys that belong to the Bank (the ITR and JPM moneys due) even if the Government did not take the Bank, those moneys are the banks.

The government is liable because they took the Bank, our asset, our constitutional rights, under color of law and tired to defraud all of the shareholders as well as the employees the credititors and others. took assets held in the Banks Name and deprived all of us including the community. They Tarnished the management and the Banks Business reputation. I ask you what is it worth? An Unconstitutional move by government thugs.

And now they don't want us or any body to talk about the cover up
Jim Peoples, former CEO, left, and Guy Gibson, former chairman, are challenging bank's takeover.

 

    
    
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PostSubject
#31703  Sticky Note What happened with the excluded Assets & Liabilities iPrelude 10/09/14 09:42:28 PM
#39854   .............FCNCA......$353.29 +$4.87 (+1.40%).................. fredscott36 09/20/17 11:39:11 AM
#39853   ......FC's takeover of KS Bank........under the radar.................... fredscott36 09/20/17 10:25:17 AM
#39852   ........we already filed a NOA.......we have like 3 fredscott36 09/20/17 10:10:25 AM
#39851   5 more days to file an appeal $27 09/19/17 06:16:24 PM
#39850   .....ain't no APPEAL of the ITR, .......Then the LGL8054 09/19/17 02:14:44 PM
#39849   .........if there ain't no APPEAL of the ITR.............by fredscott36 09/19/17 12:00:36 PM
#39848   .....I'll think I'll ring up Pistol Pete Puma fredscott36 09/19/17 11:49:41 AM
#39847   ..............intercepted confederate SCRUNCH...........herewith........... fredscott36 09/19/17 10:37:31 AM
#39846   ........FCNCA.........$345.53 +7.16 (+2.12%).............................. fredscott36 09/18/17 10:30:31 AM
#39845   Blockchain prevents Naked Shorting in the Stock Market LGL8054 09/18/17 08:59:29 AM
#39844   Ok, we now have HOPE, and FAITH, but Docsavag 09/16/17 02:26:29 PM
#39843   NO PRAY BBANBOB 09/16/17 12:21:21 PM
#39842   ..............................HOPE................................ fredscott36 09/16/17 11:18:55 AM
#39841   YOU Can have the famous amis part NO THANKS BBANBOB 09/15/17 11:05:19 AM
#39840   YOU Can have the famous amis part NO THANKS BBANBOB 09/15/17 11:05:19 AM
#39839   .......re: fascist statement of position: it was a fredscott36 09/15/17 10:57:43 AM
#39838   ......kimmie's $178mm moved my needle, along with JPM's fredscott36 09/15/17 10:28:59 AM
#39837   December 18, 2015, the FDIC filed a "Statement LGL8054 09/14/17 07:11:52 PM
#39836   AND THATS OUR FEDERAL GOVERNMENTS INSTITUTION LIEING TO US Newtogame 09/14/17 04:25:05 PM
#39835   December 18, 2015, the FDIC filed a "Statement Newtogame 09/14/17 04:15:23 PM
#39834   I ONLY REALLY LIKE ONE OF THOSE NUMBERS BBANBOB 09/14/17 02:26:58 PM
#39833   Did JPM, if I recall correctly, opt to Docsavag 09/14/17 12:40:09 PM
#39832   ....................419/127/74/68/6........................... fredscott36 09/14/17 12:06:55 PM
#39831   ..............$1.10.........per on WMIH, is what I meant......(I believe fredscott36 09/14/17 11:07:29 AM
#39830   HUH??????????????????????????????? and KKR is only gonna pay out 1.10 BBANBOB 09/14/17 10:56:36 AM
#39829   ........BANJO BOB E. LEE:......................SURRENDER, sir............ fredscott36 09/14/17 10:48:57 AM
#39828   OK PARD let's do it THIS WAY THEN!!!!!!!!!!!!!!!! BBANBOB 09/14/17 10:06:17 AM
#39827   .....too late................now the FDIC has mark e. haynes fredscott36 09/13/17 12:47:08 PM
#39826   SCREW DAT, re-instate the APPEAL on the seizure BBANBOB 09/13/17 12:38:33 PM
#39825   .....ok, I'll do it myself...........33% of 419 = fredscott36 09/13/17 10:37:02 AM
#39824   .....NOL of $419mm........can someone please do the math fredscott36 09/13/17 10:15:47 AM
#39823   Can someone please tell me where I can investandpray 09/12/17 10:22:23 AM
#39821   REINSTATE AN APPEAL!!!!!!!!!!!!!!!!!!!!!!!!!!!! BBANBOB 09/11/17 03:34:24 PM
#39820   OK the 14 ill should be enough for BBANBOB 09/11/17 03:30:08 PM
#39819   Point well made, LGL... Docsavag 09/11/17 03:23:00 PM
#39818   Who pays the Attorneys Bob? LGL8054 09/11/17 03:13:11 PM
#39817   OH COME ON LGL the 486mill WOULD BE AMPLE BBANBOB 09/11/17 03:07:53 PM
#39816   All hands on deck, we should all be LGL8054 09/11/17 02:07:17 PM
#39815   ....IRMA was a non-event......Charley in 8/04 was much fredscott36 09/11/17 12:30:10 PM
#39814   Hey Fred...is this you involved with a SW Large Green 09/10/17 08:07:51 PM
#39813   MAYBE this will put the hurry up on BBANBOB 09/10/17 11:12:08 AM
#39812   Appears to be a direct head on hit there BBANBOB 09/10/17 11:05:42 AM
#39811   Fred kiss your CAPTIVA ISLAND bye bye!!!!!!!!!!!!!! BBANBOB 09/10/17 10:11:55 AM
#39810   ......IRMA hit Turks and Caicos yesterday..........bigtime hardcore.........the pics fredscott36 09/08/17 11:38:16 AM
#39809   .....dunno, don't care........F/- this POS.................bad fredscott36 09/08/17 11:10:58 AM
#39808   ........again, imo, the bottom line is/was whatever the fredscott36 09/07/17 01:04:50 PM
#39807   From kimmies billing statement Newtogame 09/07/17 01:01:16 PM
#39806   From kimmies billing statement Newtogame 09/07/17 12:57:28 PM
#39805   .....definitely, or one of the 4 HORSEMEN or fredscott36 09/07/17 12:49:27 PM
#39804   From kimmies billing statement Newtogame 09/07/17 12:42:34 PM
PostSubject