The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
. .to maintain public confidence in banking institutions for the good of individual con and the entire nation.” The Federal Deposit Insurance Corporation was created by Congress in 1933 to restore public confidence in the nation’s banking system following a severe financial crisis. Since that time, the mission of the FDIC has been, and continues to be: to protect depositors’ accounts; to promote sound banking practices; to prevent or reduce the disruptions caused by bank failures; and to respond to a changing economy and banking system, all in an effort to maintain public confidence in banking institutions for the good of individual consumers and the entire nation. October 29, 1990 Federal Deposit Insurance Corporation Washington, D.C. L. Willia Chairman The President of the U.S. Senate The Speaker of the U.S. House of Representatives Table of Contents Federal Deposit Insurance Corporation iii vii xii xiv Transmittal Letter Chairman’s Statement Board of Directors Officials Regional Directors Statistical Highlights Chronological Highlights Organization Chart XV xv i xvii xviii The State of the Industry 1 Operations of the Corporation 5 Division of Supervision Division of Liquidation Legal Division Division of Accounting and Corporate Services Division of Research and Statistics 6 26 32 41 48 51 Division of FSLIC Operations Corporate Support Offices: Office of the Executive Secretary Office of Corporate Communications Office of Legislative Affairs O ffice of Budget and Corporate Planning Office of Inspector General Office of Consumer Affairs Office of Personnel Management Office of Equal Opportunity Standing Committees 54 56 57 59 61 62 65 68 71 Legislation and Regulations 73 Legislation Enacted in 1989 Rules and Regulations Adopted in 1989 74 77 Financial Statem ents 81 Statistics 99 Index 115 C hairm an’s S tatem ent In last year’s Annual Report, I said that we faced two major challenges in the future — a resolution of the thrift in dustry crisis and the development of deposit insurance reform. This year, I can report that we have made signifi cant progress in these and other areas of importance to this agency and to the U.S. economy. While much work remains — in fact, several years’ more work to resolve the thrift industry problems — much has been accomplished in this past year. The landmark Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), which was enacted primarily to recapitalize the th rift in surance fund, calm the thrift crisis and deal with insolvent savings and loan associations, made major changes in the FDIC as well. As early as February of 1989, long before FIRREA was enacted, we began dedicating resources to the thrift industry’s problems. Richard A. B lo o m But even as the S&L rescue operation was gearing up, the banking industry also was having a d ifficult year and required significant attention from us. Banking industry losses primarily from real estate loans and loans to develop ing countries brought down industry earnings 35 percent during the year, to $16.3 billion. A total of 206 FDIC-insured banks were closed during the year — the most ever — and one small institu tion received assistance from the FDIC to keep from closing. As a result of these and other industry conditions, the FDIC insurance fund for bank deposits lost money for the second year in a row. The Bank Insurance Fund ended 1989 with a net worth of $13.2 billion, down about $850 million from the previous year. For these and other reasons, 1989 was the most demanding year in the 56-year history of the FDIC and a likely harbinger of more tough times ahead. The Im pact of FIRREA FIRREA is the most significant piece of financial institution legislation since the Great Depression. While it is far from perfect, we consider it a solid first step toward a stronger th rift industry and a sounder deposit insurance system. Authorized by FIRREA, the Resolution Trust Corporation (RTC) was set up to dispose of hundreds of billions of dollars of assets from failed thrifts. The new agency will sell or liquidate savings institutions with combined assets three times the size of all the bank failures and assistance transactions in the last half century. Under FIRREA, the FDIC Board of Directors was appointed to act as the RTC Board, and all RTC employees are FDIC employees as well. In fact, we sent nearly a thousand FDIC employees to start up the RTC. By year-end, they had made good progress in asset sales, while still getting organized. FDIC Chairman L. W illiam Seidman V II Depositors need not be concerned since their funds are guaranteed by the U.S. government as specifically provided in FIRREA. The RTC’s 1989 Annual Report provides more details. FIRREA gave the FDIC the job of man aging the federal deposit insurance fund for savings institutions. As a result, we inherited responsibility for 98 savings institution receiverships formerly handled by the Federal Savings and Loan Insurance Corporation. This more than doubled our Division of Liquidation’s portfolio, bringing its total to approx imately $24 billion. ■■■ V III We are working with other government agencies to close insolvent savings institutions, and to promote the strength and safety of the industry. Along with the RTC, we are filing a record number of lawsuits to bring to account those responsible for the unsafe and unsound management of savings institutions. FIRREA implements several of the FDIC’s recommendations for more stringent standards on institutions and for broader regulatory powers. The legislation directs the Treasury Department, in cooperation with the FDIC and other agencies, to conduct a major study of the deposit insurance system and to make specific recommendations to Congress in 1991. The Y ear in Review W ithout a doubt, the Bank Insurance Fund was under pressure in 1989. The level of the fund as a percentage of insured deposits declined to an all-time low, ending the year with the equivalent of 70 cents for every $100 of deposits we insure. At the end of 1988, when the fund’s ratio hit its previous low, we had 80 cents in reserve for every $100 of insured deposits. The level of the fund is a concern that the FDIC Board will be reviewing. The 206 closed banks handled by the FDIC in 1989 totaled $29 billion in assets, primarily from three cases. They were: 20 subsidiary banks of MCorp of Dallas, Texas, with about $15.4 billion in assets; 24 subsidiary banks of Texas American Bancshares, Inc. (TAB), of Fort Worth, Texas, with about $4.2 billion in assets; and the $1 billionasset First American Bank and Trust, North Palm Beach, Florida. The 206 failures and one assistance transaction in 1989 compare to the record 221 institutions closed or aided the previous year. Also, the size and the costs of the cases handled in 1989 were lower than in 1988. For example, the $29 billion in assets of closed or assisted banks in 1989 were considerably less than the nearly $54 billion in assets at failed or assisted banks in 1988. Average assets of failed banks in 1989 were $141.6 million, compared to $250.2 m illion the previous year. We also reserved on our books in 1988 for the estimated costs of handling several large problems in 1989, such as MCorp and TAB, which meant that our fund didn’t really “ pay” for those transactions in 1989 but will do so in 1990. I am hopeful that ongoing improvements in our operations will help strengthen the fund and hold down costs. One example is a new procedure, being implemented in 1990. Our Division of Liquidation (DOL) will take over the final stages of most bank closings from our Division of Supervision (DOS). In essence, this will give the DOL more time and flexibility to dispose of assets while leaving our DOS examiners more time to do what they do best, which is to m onitor banks. Another hopeful sign is that the number of insured institutions on our list of “ problem banks” is declining. In mid-1987, the problem bank list hit its all-time high of 1,624. By the end of 1988, the number was down to 1,406. By the end of 1989, the number of prob lem banks declined to 1,109. Close supervision by the FDIC is one reason for the decline in problem banks. We increased our examination force substantially and conducted 4,089 on-site exams to check banks for safety and soundness, up from 4,019 in 1988 and 3,653 in 1987. This increase came despite the heavy involvement of our personnel in the management of sav ings institutions put into conservator ship in 1989. We are moving closer and closer toward achieving our goal of conducting an on-site examination at each bank on our “ watch lis t” at least once a year. While examinations are an essential part of our early warning system, a major problem we face is the effect of eco nomic downturns, especially in certain regions. The most obvious example is Texas, where sharply declining real estate values translated into a corre sponding increase in bank problems. In 1984, only six banks failed in Texas; in 1989, there were 133 failures and one assistance transaction. Signs of recovery in the Texas banking sector are evident, and the decline there and throughout much of the Southwest may have ended. This past year, we monitored national and regional trends and developments more closely to try to prevent problems before they occur and before they run up a big bill for the insurance fund. As real estate problems in particular are a prime reason for bank failures, we are focusing attention there. Despite some improvements, banks in the Southwest region of the U.S. continued to present the worst problems, with a net chargeoff rate on real estate loans nearly four times the national average. But real estate lending by banks elsewhere also is cause for concern. Real estate problems at New England banks are on the rise, but to this point are neither as severe nor as widespread as those encountered in the south western states in recent years. Neverthe less, in 1989 almost one out of four banks in the New England states lost money, compared to one out of 13 the previous year. We anticipate some worsening of the situation in New England in 1990, but we do not expect the problems there to approach those of the Southwest. Real estate loans pose two kinds of risk — the risk of default and the risk that rising interest rates might make the loans unprofitable. Banks have become increasingly dependent on real estate lending as a source of asset growth. As recently as year-end 1985, real estate loans amounted to 16 percent of commer cial bank assets. At the end of 1989, this proportion had risen to 23 percent. At the end of 1985, real estate loans came to 27 percent of total loans. By the end of 1989, that share was up to 37 percent. Of the $168 billion in net asset growth for commercial banks in 1989, just over half was due to an increase in real estate lending. Commercial real estate loans, which historically have a higher loss rate than residential loans, accounted for about 45 percent of the real estate loan growth during the year. We are developing sophisticated new surveys of real estate activities in 50 or more major geographic areas. This proj ect is coordinated by our Division of The Challenges Ahead Research and Statistics in conjunction with examiners in the field and other FDIC staff members. In addition to real estate lending, other areas requiring supervisory attention include loans to developing countries, commercial loans to highly-leveraged borrowers and consumer lending. We worked closely with other regulators during 1989 on initiatives that put renewed emphasis on adequate capital at banks and thrift institutions. Because of increased risks to the financial system, we believe institutions would benefit from additional capital. The more thrift industry losses pile up from real estate lending, junk bonds, fraud, changes in interest rates and other sources, the tougher and costlier the government’s task becomes. How we handle these challenges will affect the reputation of this agency as well as the pocket of every U.S. taxpayer. David H a th c o x I also am encouraged by discussions among U.S. banking supervisors and regulators from other major industrialized nations leading to common, minimum capital standards based on the riskiness of banking activities. The year ahead will be difficult for the FDIC, especially operating the RTC with its job of resolving failed and failing savings institutions. The savings and loan industry had by far its worst year in 1989, with losses totaling more than $19 billion. That’s worse than anyone had expected. In 1988, thrift industry losses came to $13.4 billion. As a result, the workload of our Division of Supervi sion surely will increase in 1990. In just the first few months of 1990, we’ve seen major, unexpected insolvencies, including the $11 billion-asset Imperial Savings of San Diego, the $10.2 billionasset Empire of America in Buffalo and the $8.9 billion-asset CenTrust of Miami. Chairman Seidman in his office with FDIC staff from around the country for a discussion of workplace issues that included travel, recruitment and the overall impact on the agency of the thrift crisis, May 1989. As we start the 1990s, I’ve identified what I see as the major questions and challenges of the future. Deposit insurance reform certainly is crucial. I have often said that deposit insurance is like a nuclear power plant; when it works right it’s a great thing and when it breaks down it can be very dangerous. We need to determine the best ways to control the exposure of the deposit insurance funds. Issues currently on the table include: Limiting insurance coverage to provide better depositor discipline; Various “ narrow” banking proposals, including separate rules for small banks; Higher capital requirements; Alternative deposit insurance structures, including private insurance; and Risk-related insurance premiums. Each of these proposals has its support ers among the agencies and we are studying each one carefully. It has become standard, almost a cliche, for any chief executive officer to include in an Annual Report a note about the hard work and dedication of the employees. But in this unprecedented year of change and growth at the FDIC, such recognition is no cliche. This was a year when hundreds of FDIC examiners, lawyers, liquidation special ists and others, from different divisions and different cities, pulled together when we were brought in to manage several hundred problem savings institutions placed in conservatorship. This was a year when FDIC personnel were doing the work of two or three people, often to make up for col leagues who had not been replaced after being assigned to the RTC or to conservatorships. This was a year when we needed extremely fast turnaround preparing fail ing banks or thrifts for sale. Time and again, FDIC workers did the job, some times literally working around the clock. I’m also heartened that FDIC employees have worked so well with the many hundreds of skilled people who have joined our agency from the former Federal Savings and Loan Insurance Corporation and Federal Home Loan Bank Board. One major news publication during the year had a photo on the cover of me wearing a big white hat. That was very flattering. Except the real good guys are the thousands of FDIC employees around the country who have made this the proud and successful agency that it is. L. W illiam Seidman C. C. Hope, Jr. Board of Directors L. W illiam Seidman L. W illiam Seidman was elected Chairman of the Federal Deposit Insurance Corporation on O ctober 21, 1985. Prior to his appointm ent to the FDIC, Mr. Seidman pursued an exten sive career in the financial arena in both the private and public sectors. He was Dean of the College of Business of Arizona State University and a direc to r of several organizations including the Phelps Dodge Corporation, Prudential-Bache Funds, United Bancorp of Arizona and The Conference Board. He has served as Co-chair of the W hite House Conference on Produc tivity, Vice Chairman of the Phelps Dodge Corporation, A ssistant to Presi dent Gerald Ford fo r Economic A ffairs and Managing Partner of Seidman & Seidman, Certified Public Accountants, New York. He also was Chairman and a D irector o f the Federal Reserve Bank of Chicago, Detroit Branch. Mr. Seidman received an A.B. degree from Dartmouth College and earned an LL.B. from Harvard Law School. He also holds an M.B.A. from the University of Michigan. He is a member of the American Bar Associa tion, the American Institu te of Certified Public A ccountants and several academic honorary fra ternities including Phi Beta Kappa. He is the author of one book and numerous articles on business and tax subjects. C. C. Hope, Jr., was named to the Board of Directors o f the Federal Deposit Insurance Corporation on March 10, 1986, confirm ed by the Senate on March 27 and com m issioned by President Ronald Reagan on April 7, 1986. Before his appointm ent to the FDIC, Mr. Hope spent 38 years at First Union National Bank of North Carolina in Charlotte, where he retired as Vice Chairman in 1985. Mr. Hope is a form er President of the American Bankers A ssociation and has served as Secretary of the North Carolina Department of Commerce. In the field of education, Mr. Hope is a trustee and form er Chairman of the Board of Wake Forest University and has been Dean of the Southwestern Graduate School of Banking at Southern M ethodist University. He holds a B.A. in Business A dm inis tration from Wake Forest University and has com pleted graduate work at the Harvard Business School and The Stonier Graduate School of Banking at Rutgers University. 0 3 < L-R: M. Danny Wall, Director, O ffice o f T hrift Supervision; Director C.C. Hope, Jr.; Chairman L. W illiam Seidman; and Robert L. Clarke, Com ptroller of the Currency M. Danny Wall Robert L. Clarke Robert L. Clarke became the 26th Comptroller of the Currency on December 2, 1985, and simultaneously became a member of the FDIC’s Board of Directors. Before his appointment, Mr. Clarke founded and headed the banking sec tion at the Houston, Texas, law firm of Bracewell & Patterson. He joined that firm after completing his military ser vice in 1968. The banking section prepared corporate applications and securities registrations, counseled management in expansion opportunities and the effects of deregulatory initiatives and represented institutions in enforce ment matters. Mr. Clarke holds a B.A. in Economics from Rice University and an LL.B. from Harvard Law School. He is a member of the bars of Texas and New Mexico. He has served as a director for two state banks and has been active in a number of civic, political and profes sional organizations. M. Danny Wall, after nomination by President Reagan, was sworn in as Chairman of the Federal Home Loan Bank Board (FHLBB) on July 1, 1987. Mr. Wall became Director of the Office of Thrift Supervision (OTS) and a mem ber of the FDIC Board of Directors in August 1989 under the Financial Institu tions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). Under FIRREA, the FHLBB was abolished and its regulatory functions were transferred to the new OTS. FIRREA also increased the FDIC Board’s membership to five persons by adding a Vice Chairperson and the Director of the OTS. (At year-end 1989, a Vice Chairperson had not yet been nominated and confirmed by the Senate.) Mr. Wall announced his resignation from the OTS in December 1989 and left the agency in March 1990. Prior to his appointment to the FHLBB, Mr. Wall served eight and one-half years on the staff of the Senate Banking Committee, where he was Staff Direc tor from 1981 to 1987. He came to Washington in 1975 as Director of Legislation for Senator Jake Garn of Utah. Before that, Mr. Wall organized the Salt Lake City Redevelopment Agency and served as its Executive Director from 1971 to 1975. Mr. Wall earned a Bachelor of Architecture degree from North Dakota State University in 1963. X III Officials Deputy to the Chairman John F. Bovenzi Administrative Assistant to the Chairman Donna R. Mahon Director, Division of Supervision Paul G. Fritts Director, Division of Liquidation Steven A. Seelig General Counsel Alfred J. T. Byrne Director, Division of Accounting and Corporate Services Stanley J. Poling Director, Division of Research and Statistics W illiam R. Watson Director, Division of FSLIC Operations Stanley J. Poling Deputy to the Appointive Director Robert V. Shumway Deputy to the Director (Comptroller of the Currency) Thomas E. Zemke Deputy to the Director (Office of Thrift Supervision) Linda B. Plye Executive Secretary Hoyle L. Robinson Director, Office of Corporate Communications Alan J. Whitney Director, Office of Legislative Affairs Beth L. Climo Director, Office of Budget and Corporate Planning J. Russell Cherry Inspector General Robert D. Hoffman Director, Office of Consumer Affairs Janice M. Smith Director, Office of Personnel Management Alfred P. Squerrini Director, Office of Equal Opportunity Mae Culp Director, Office of Training and Educational Services Jane Sartori Regional Directors Supervision San Francisco (415) 546-0160 John R. Sexton 25 Ecker Street, Suite 2300 San Francisco, California 94105 Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming • Atlanta (404) 525-0308 Liquidation Lyle V. Helgerson 245 Peachtree Center Avenue, NE, 12th Floor Atlanta, Georgia 30303 * Chicago (312) 207-0200 Bart L. Federici Alabama, Florida, Georgia, North Carolina, 30 S. Wacker Drive, 32nd Floor South Carolina, Virginia, West Virginia Chicago, Illinois 60606 Arkansas, Illinois, Iowa, Kansas, • Boston (617) 449-9080 Louisiana, Minnesota, Missouri, Paul H. Wiechman Nebraska, North Dakota, South Dakota, 180 Gould Street Wisconsin Needham, Massachusetts 02194 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont • Dallas (214) 754-0098 G. Michael Newton • Chicago (312) 207-0210 1910 Pacific Avenue, Suite 1700 George J. Masa Dallas, Texas 75201 30 S. Wacker Drive, Suite 3100 Oklahoma, Texas Chicago, Illinois 60606 Illinois, Indiana, Michigan, Ohio, Wisconsin • New York (212) 704-1200 Thomas A. Beshara • Dallas (214) 220-3342 452 Fifth Avenue, 21st Floor Kenneth L. Walker New York, New York 10018 1910 Pacific Avenue, Suite 1900 Alabama, Connecticut, Delaware, Dallas, Texas 75201 District of Columbia, Florida, Georgia, Colorado, New Mexico, Oklahoma, Texas Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, • Kansas City (816) 234-8000 New Hampshire, New Jersey, New York, Charles E. Thacker North Carolina, Ohio, Pennsylvania, 2345 Grand Avenue, Suite 1500 Puerto Rico, Rhode Island,South Carolina, Kansas City, Missouri 64108 Tennessee, Vermont, Virginia, Iowa, Kansas, Minnesota, Missouri, Virgin Islands, West Virginia Nebraska, North Dakota, South Dakota San Francisco (415) 546-1810 • Memphis (901) 685-1603 Keith W. Seibold Bill C. Houston 25 Ecker Street, Suite 1900 5100 Poplar Avenue, Suite 1900 San Francisco, California 94105 Memphis, Tennessee 38137 Alaska, Arizona, California, Colorado, Arkansas, Kentucky, Louisiana, Guam, Hawaii, Idaho, Montana, Nevada, Mississippi, Tennessee New Mexico, Oregon, Utah, Washington, Wyoming • New York (212) 704-1200 Nicholas J. Ketcha, Jr. 452 Fifth Avenue, 21st Floor New York, New York 10018 Delaware, District of Columbia, Maryland, New Jersey, New York, Pennsylvania, Puerto Rico, Virgin Islands XV deposits and liabilities of 20 failed bank subsidiaries of MCorp of Dallas, (see p. 13) Chronological Highlights January 4 Chairman L. William Seidman unveils a comprehensive FDIC study of the federal deposit insurance system and the principles that should guide the system in the years ahead. February 6 President Bush announces proposed legislation and interim steps to address the savings and loan industry crisis, including a program to place troubled institutions into conservatorship under an interagency effort led by the FDIC. Joint regulatory teams assumed over sight of the first group of institutions the following day. February 9 The FDIC breaks ground for a new operations and training center located in Arlington, Virginia. Completion is scheduled for 1991. (see p. 47) March 13 Chairman Seidman announces that the nation’s commercial banks posted aggregate net income of $25.3 billion for 1988, the highest in history. March 14 The FDIC reports an operating loss for 1988, the first in the agency’s history. March 14 The FDIC Board approves a framework for bank capital standards that would reflect the relative investment risks of various assets banks hold in their port folio. Sim ilar risk-based capital stand ards were adopted by the O ffice of the Com ptroller of the Currency and the Federal Reserve Board, (see p. 19) March 28 The Deposit Insurance Bridge Bank, National Association, Dallas, is established by the FDIC to assume July 20 Texas American Bridge Bank, National Association, Fort W orth, is organized by the FDIC to assume deposits and liabilities of 24 failed commercial bank subsidiaries of Texas American Bancshares, Inc., Fort Worth, (see p. 13) August 9 President Bush signs into law the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), the landmark legislation primarily aimed at addressing the th rift industry crisis but also making fun damental changes in the way banks and savings associations are supervis ed and insured. The law included pro visions that greatly expanded the regulatory and insurance functions of the FDIC and established the Resolu tion Trust Corporation under FDIC management, (see pp. 24-26) December 5 As required by FIRREA, the FDIC Board agreed to seek public comment on a variety of proposed changes to the rules governing deposit insurance at banks and savings institutions, largely to resolve differences in the regulations of the FDIC and the former Federal Savings and Loan Insurance Corporation, (see p. 79) December 13 FDIC-insured bank closings surpass the previous year’s record of 200, with the year-end total to reach 206. December 15 First American Bank and Trust, National Association, a bridge bank, is organized by the FDIC to assume deposits and liabilities of the failed First American Bank and Trust, North Palm Beach, Florida, (see p. 13) xvii Organization Chart Board of Directors xviii • Banks in the Midwest and West enjoyed improved profitability in 1989. The State of the Banking Industry, 1989 To better understand the FDIC’s work, it is important to understand conditions in the commercial banking industry and the challenges those conditions present to the agency. For that reason, the 1989 FDIC Annual Report includes for the first time a detailed analysis of FDIC-insured com mercial bank performance. The following report, which excludes savings banks, was prepared by the FDIC’s Division of Research and Statistics. • The number of commercial banks on the FDIC’s “ problem list” declined for the second straight year, to 1,092. That was the lowest level since 1985. • The combination of 205 commercial banks that failed and one that required assistance to avert failure in 1989 was 15 fewer than 1988’s combined total. More significantly, the average asset size of failed or assisted banks in 1989 was roughly half as large as in 1988, a reflection of resolving most of the largest troubled banks in the Southwest. Money-Center Bank Problems Commercial bank performance presented a mixed picture in 1989. On the one hand, in aggregate terms, the commer cial banking industry finished 1989 in worse condition than it began: Earnings were more than a third lower than the year before. Provisions for losses $13 billion higher, as for future charge-offs domestic and foreign were more than banks prepared on both their loans. Net loan charge-offs in 1989 were at their highest levels in the 42 years that the industry has reported them, and were still insufficient to reduce the industry’s inventory of troubled assets. Problem assets increased in relative terms, and equity capital declined as a proportion of total assets. On the other hand, there were some encouraging signs in other bank perfor mance indicators in 1989: Smaller banks in the Southwest were doing better. Their earnings were up, fewer of them posted full-year losses, and problem assets declined. The unfavorable picture presented by some of the aggregate performance indicators is a result of credit-quality troubles at a number of the nation’s largest banks. Money-center bank earnings continued to suffer as a consequence of their troubled loans to “ lesser developed countries” (LDCs). Net charge-offs on loans to foreign borrowers exceeded $7.5 billion in 1989, as large banks reduced their lending exposure to Latin American borrowers by $12.3 billion. Provisions for foreign losses were even higher at $10 billion, their highest level since 1987. These developments had a major impact on money-center bank earnings. Five of the 10 largest commercial banks reported net losses for 1989. Money-center banks increased their reserves for losses on LDC debt to an average of about 50 per cent of the banks’ exposure, from less than 40 percent at the beginning of the year. The risk posed by LDC exposure has diminished for the money-center banks. Regional banks have sold and chargedo ff most of their LDC loans. The majority of institutions in the medium-to-large size range are performing well, but there are notable exceptions. Many large institutions in the Southwest con tinued to struggle with weak local real estate markets and nonperforming assets from earlier economic troubles. Of the 206 commercial banks that failed or required assistance during the year, 167 were in the Southwest. Real Estate Problems Spread Most of the areas that experienced depressed real estate markets first had a jum p in real estate values, followed by speculative over-building supported by speculative over-lending. This “ boom-and-bust” pattern has subse quently appeared in some real estate markets in the Northeast, evidenced by higher problem assets and loss provi sioning at many of the region’s banks. Nevertheless, real estate lending re mained the main source of commercial bank asset growth in 1989. The interest rate environment was favorable, and loan demand in other categories was not as vigorous. Growth in real estate lending was par ticularly evident in the West and Southeast. Residential mortgage loans, which typically have a lower default rate than commercial real estate loans, accounted for more than half of the $87 billion net growth in real estate loans in 1989. Still, commercial real estate loans accounted for about 45 percent of the net growth. Home equity lines of credit were the fastest-growing category of real estate loans, increasing by $10 billion. The d ifficulties of savings and loan associa tions with negative or inadequate capital meant that commercial banks faced less com petition in real estate lending. Credit card lending also grew rapidly in 1989, and remained highly profitable, even though delinquency and loss rates increased. Trends in the Cost of Funds Net interest margins widened at smaller banks and narrowed at larger institutions in 1989, but the net interest margin for the entire banking industry was unchanged from 1988. As interest rates rose, larger banks were less able to control rising interest expense. In terest income at money-center banks was held down by high levels of non accruing loans to developing countries. Commercial banks were fairly successful in limiting the growth of overhead costs. Non-interest expense was up only 6.6 percent from the 1988 level. Non-interest income increased by 13.7 percent, as smaller banks were able to increase their non-interest revenues more rapidly than larger banks. Industry Consolidation Continued The number of insured commercial banks fell for the fifth straight year, from 13,139 at year-end 1988 to 12,712 at year-end 1989. Also, the 206 commer cial banks that failed or received assistance offset the 192 new commer cial banks chartered during the year. The number of new banks chartered declined to the lowest level since 1978. Much of the merger activity that removed more than 1,000 institutions from the commercial banking industry in the past two years has consisted of conversions of subsidiary banks by multi-bank holding companies into branch offices in those states that have liberalized their branching restrictions. loan exposure could reduce industry earnings. If provisions taken in 1989 for future domestic losses prove inade quate, or if real estate markets outside the Southwest deteriorate further, then provisioning for domestic losses also could lim it bank profits. Outlook In the future, the focus of asset-quality problems will continue to shift from the Southwest to the Northeast. Real estate markets in the southeastern, mid-Atlantic and western states also will bear watch ing for problems. Economic conditions will have a strong influence on asset growth and credit quality. Higher interest rates would adversely affect some commercial loans and would squeeze profits at those banks that have increased their fixedrate mortgage loans. Slower economic growth would further erode the credit quality of consumer loans. The earnings outlook for the commercial banking industry will depend on a number of factors. Another round of money-center bank reserving for LDC Return on Assets, Calendar Year 1989, FDIC - Insured Commercial Banks West Midwest Central Southwest Legend: ROA Percentages W est Avg. ROA: N evada Oregon Hawaii W ashington C alifornia W yom ing Alaska Idaho Montana Utah Colorado Arizona % 1.00 2.12 1.22 1.21 1.21 1.19 1.17 1.14 1.14 1.04 0.68 0.41 (1.80) □ Less than 0% Southeast G O to 0.75% B 0 .7 6 to 1 . 1 0 % M idw est Avg. ROA: % 1.01 C entral Avg. ROA: % 1.00 % Southw est Avg. ROA: (0.07) South D akota N ebraska Iowa Kansas M issouri N orth D akota M innesota 2.24 1.23 1.14 0.97 0.94 0.84 0.48 Wisconsin M ichigan Ohio Kentucky Indiana Illinois 1.11 1.10 1.07 1.03 1.00 0.90 Arkansas New M exico O klahom a Louisiana Texas National Average ROA (all FD IC -insured com m ercial banks): 0.50% Northeast 1.04 0.82 0.50 (0.11) (0.34) > 1 .1 1 % and higher N ortheast Avg. ROA: % S outheast (0.02) Avg. ROA: % 0.88 Delaware V erm ont R hode Island New Jersey Maryland M aine W ashington, DC Pennsylvania New H am pshire New York M assachusetts C onnecticut 1.50 1.12 1.04 1.00 0.94 0.83 0.76 0.72 0.61 (0.48) (0.53) (1.26) 1.12 1.09 1.06 1.03 1.01 1.00 0.79 0.61 0.60 Virginia G eorgia W est V irginia N orth C arolina Alabama South Carolina Mississippi Florida Tennessee Division of Supervision Adds Role as Backup Supervisor of Thrifts to Traditional Duties The announcement in February by President Bush of an interagency plan to address the th rift crisis marked the start of major changes and challenges for the Division. The FDIC’s subsequent involvement in the supervision of thrifts resulted in changing the name of the Division of Bank Supervision in 1989 to the Division of Supervision (DOS). DOS first devoted a significant number of personnel to developing and imple menting permanent solutions for the Federal Savings and Loan Insurance Corporation’s (FSLIC) inventory of the most insolvent, unprofitable thrifts. Many examiners served as managing agents responsible for preserving assets of these badly troubled institutions. Others were members of examination teams who worked with the managing agents to arrive at accurate evaluations of each institution’s condition. At the height of the effort, almost 600 of the Division’s examiners — about a third of the entire field examiner staff at the time — were directly involved. Then in August, DOS began implement ing certain provisions of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) that sig n ifi cantly expanded the Division’s respon sibilities for commercial banks and also assigned to the FDIC the role of back up supervisor of savings associations. In general, these provisions strengthened supervision of savings associations, cur tailed activities that pose unacceptable risks to the federal deposit insurance fund, increased the enforcement powers of the regulators, and expanded civil sanctions and criminal penalties for fraud and abuse. While efforts to promote stability in the thrift industry commanded much of the popular attention, DOS was active in 1989 in its historical responsibility for supervising state nonmember banks and for otherwise promoting the mainte nance of a sound banking system. Among the highlights were: • Handling 206 bank failures and monitoring more than 1,100 “problem” institutions. The 206 failed institutions set a postDepression annual record, exceeding the previous high of 200 in 1988. Of the 206 failures, one was a savings bank. The rest were commercial banks. • Significantly increasing the DOS examining staff and using the staff more efficiently. During the year, 634 new examiners were hired, with two-thirds of them joining the FDIC through an accelerated hiring program for top students. This boost in staffing enabled DOS to increase the number of safety and soundness examina tions conducted and to reduce the time between bank examinations. * Issuing guidelines on “highly leveraged transactions” (HLTs). These typically are credits extended to finance the buyout, acquisition or recapitalization of an existing business. DOS officials taping information video for examiners. Seated L-R: Assistant Director Robert Miailovich, Associate Director John Stone, Director Paul Fritts and Associate Director Michael Hovan, Jr. Because these credits may carry more risks than those of traditional large cor porate loans, the FDIC issued guidelines in May for examiners, officers and direc tors of FDIC-supervised banks. The guidelines were followed in November by a common definition of HLTs by the three federal bank regulatory agencies, which was clarified in early 1990 in response to comments and questions from the industry. Basle Committee on Banking Supervi sion, where officials from 12 nations meet quarterly to share information and to coordinate policies intended to ensure consistent supervision of major interna tional banks. Accom plishm ents of the Committee during 1989 included imple mentation of a uniform risk-based capital framework, establishing appro priate coordination with securities regulators, and working to detect and eliminate bank com plicity in money laundering schemes. Safety and Soundness Examinations * Disseminating guidelines that stress the need for banks to establish policies and procedures against conflicts of interest. The guidelines are designed to ensure that boards of directors become aware of, and respond to, potential conflicts in which a bank officer, director, prin cipal shareholder or an associate may be directly or indirectly involved. • Publishing guidelines for banks on the need to address concentrations of credit. The guidelines requested policies to address concentrations of credit and procedures for tracking potential con centrations in particular industries. In another important effort, DOS joined the other federal bank regulators in representing the United States at the Examinations for the safety and sound ness of overall operations are increas ingly important because today’s rapidly changing banking environment demands that the FDIC identify emerging trends and pinpoint individual banks with symptoms of higher-than-normal risk. Past methods that emphasized on-site examinations at fixed cycles have given way in recent years to more continuous methods of supervision. DOS’s current program combines on-site examinations and visitations with off-site monitoring, exchanges of information with other regulators, and the use of guidelines, policy statements, rules and regulations. Over the past several years the Division has taken a number of important steps to improve and intensify the FDIC’s supervisory program. Examination cycles have been revised to increase the fre quency of on-site examinations and to place examiners in more institutions more often. The Division also is em phasizing an examination cycle based more on indications of potential prob lems and less on the passage of time between exams. Much of this was made possible by increasingly sophisticated off-site monitoring systems. DOS implemented a revised on-site examination program at the end of 1989 that takes advantage of enhanced automation and off-site monitoring capabilities. This program requires that, prior to the start of an on-site examina tion, a risk analysis be conducted using all available information. The results of that analysis will form the basis for the scope of the on-site examination and for allocating resources. By concentrating resources in areas with high risk potential, resources assigned to other areas can be reduced and substantial amounts of time can be saved. Despite a heavy early role in the management of savings association conservatorships in 1989, the FDIC con ducted 4,089 safety and soundness examinations at banks and thrifts, compared to 4,019 in 1988 and 3,653 in 1987. As of year-end 1989, only 92 commercial banks subject to FDIC supervision had not been examined by the FDIC within three years, versus 197 at the end of 1988 and 924 at the end of 1987. This intensified examination program should allow DOS to continue moving toward the goal of conducting at least one on-site examination every 12 months at problem and near-problem institutions (those rated 3, 4 or 5 on the interagency rating system, with 5 denoting institutions most in danger of failing) and one exam every 24 months for all other institutions (those rated 1 or 2). DOS’s participation in examinations with other regulatory agencies increased in 1989, particularly as the FDIC took on the responsibility for insuring deposits at thrift institutions under FIRREA. The FDIC for years has par ticipated in examinations with the Office of the Comptroller of the Currency, the Federal Reserve Board and state regulatory agencies. In 1989, DOS entered into a cooperative examination agreement with the O ffice of Thrift Supervision (OTS) regarding the supervi sion of savings associations insured by the new Savings Association Insurance Fund (SAIF). The agreement, which em phasizes tim ely and effective supervi sion of savings associations w ithout a duplication of efforts, is aimed toward having an FDIC presence in the on-site examination of every insured savings association by the end of 1990. The FDIC conducted examinations of 375 savings associations between August 1989 and the end of the year. International lending activities of U.S. banks continued to draw a consider able amount of attention during the year. The FDIC monitors these ac tivities through its membership on the Interagency Country Exposure Review Committee, which is responsible for assessing and categorizing the risks associated with international lending. Consumer Protection Examinations DOS uses separate compliance ex aminations to m onitor how well FDICsupervised institutions are conforming with certain consumer protection and civil rights laws and implementing regulations. In 1989, the FDIC conducted 2,660 compliance examinations, exclud ing visitations for particular circum stances. That is down from the 2,988 examinations in the previous year, largely because of the extensive use of examiners in the management of savings and loan association conservatorships, especially during the first few months of the year. The compliance examination process checks for adherence to laws and regulations that include those pro moting truth-in-lending, fair lending, community reinvestment, fair debt assets and responsibility for another $491 billion in non-managed assets. The FDIC conducted 585 trust examina tions compared to 683 in 1988. collection and the fast availability of deposited funds. Changes were made in the process in 1989 to account for amendments that became effective in areas such as fair housing, credit card disclosures and home equity loan pro tections for consumers. During the latter part of the year, the FDIC was working with the Federal Financial Institutions Examination Council (FFIEC) to develop regulations and compliance examination material for amendments to the Home Mortgage Disclosure Act and the Community Reinvestment Act that were to take effect in 1990. As a result of the review of Truth-inLending Act provisions that require accurate disclosures to consumers of interest rates and finance charges, 105,126 consumers received total reim bursements of $5,791,025 from 248 insti tutions during 1989. Collections during 1988 totaled $1,722,994 from 228 institu tions for 22,105 consumers. The securities transfer activities of 241 FDIC-supervised institutions were registered with the agency under federal securities laws, down slightly from the 258 institutions a year earlier. The FDIC conducted 24 examinations of securities transfer activities during 1989, versus 52 the previous year. Data Processing Examinations FDIC examiners participated in reviews of 782 data processing operations run by banks or by independent data pro cessing firm s in 1989, compared to 848 in 1988. As a result of these examina tions, 10 data centers, all run by banks, were identified as problem situations in 1989. In 1988, 18 data centers (14 banks and four non-bank institutions) were identified as problem situations. Examinations of large data processing firm s that service institutions through out many regions of the country are conducted jo in tly with the other federal Trust and Transfer Agent Examinations The FDIC examines and regulates trust departments and securities transfer activities at state nonmember banks. The main reason for these examinations is to determine the existence of any potential losses to a bank arising out of its fiduciary responsibilities in the administration of its trust accounts or transfer activities. During 1989, consent was given to 54 FDIC-supervised institutions to begin exercising trust powers. That brought to 2,349 the number of such institutions with trust powers in 1989, of which 1,820 were active departments. As of the end of the year, FDIC-supervised institutions had investment dis cretion over $133.5 billion in trust Robert Storch, chief of the DOS accounting section, was one of several FDIC officials interviewed for an American Bankers Association video about changes in bank reporting requirements. financial institution supervisory agen cies. This arrangement saves examiner resources, reduces disruption at the data center and provides for uniform supervision of the servicer. In January 1989, the FDIC adopted a revised work program developed in conjunction with the FFIEC for the ex amination of large data centers. The program focuses the bulk of examiner resources in data centers experiencing problems. Later in 1989, field testing was done on a work program for data processing examinations of small com munity banks that use “ turnkey” so ft ware supplied and supported by vendors. Initial results indicate an approximate 50 percent savings in examination hours. In July 1989, the FDIC issued an FFIEC policy statement on contingency plan ning by financial institutions for their data processing services. Institutions are encouraged to adopt procedures that would minimize the disruption of services and financial loss, and ensure timely resumption of operations in the event of a disaster. The FDIC also is participating in a test of an FFIECapproved program of interagency review of data processing software being used by a large number of financial institu tions. If adopted, additional efficiencies and uniform ity in examining banks us ing turnkey software should result. O ther Examination Functions At year-end, 47 FDIC-supervised institu tions were listed as U.S. government securities brokers or dealers under the Government Securities Act of 1986 or were otherwise covered by rules imple menting that law. The FDIC furnished examiners with special instructions, checklists and examination report forms to facilitate the monitoring of institutions covered by the regulations. U.S. branches of foreign banks that engage in domestic retail deposit ac tivities are required to obtain deposit insurance under the International Bank ing Act of 1978. At year-end 1989, insur ance was held by 24 foreign banks repre senting 14 different countries and operating 57 branches in 11 U.S. cities. In 1989, the FDIC completed a revision of the separate regulations governing the operations of these insured branches. The major change was an asset mainte nance requirement for each branch, designed to be equivalent to a domestic bank’s capital requirement for purposes of providing a cushion against losses. BIF-lnsured Failed Banks In terms of the Bank Insurance Fund, Texas had the highest number of bank failures among the states for the fourth year in a row, with 133 in 1989. Next came Louisiana with 21 failed banks and Oklahoma with 12. The concentra tion of bank failures in these three states, like the higher incidence of prob lem banks, was an outgrowth of the continued depressed energy and real estate industries there. Average assets of all 206 failed banks in 1989 were $141.6 million, down significantly from the $250.2 m illion in average assets at the 200 failed banks the previous year. The average deposits at failed banks in 1989 were $116.9 million, compared to $159.7 million in 1988. The figures for 1989 include the failures of 20 banks of MCorp of Dallas and 24 banks of Texas American Bancshares, Inc., Fort Worth. Excluding these two banking organiza tions and First American Bank and Trust, North Palm Beach, Florida, another large failure, the assets for all other 1989 failed banks averaged $46.4 million and deposits averaged — — ------------ ---------- -------- ;;- '-* y P u rch a se s A ssum ptions (P&As) Failed Banks Deposit Transfers Payoffs ’87 ’89 o , ., 1 .■ , 2 0 2 2 K$§ 1 1 0 5 S 'ii o 0 - 3 . 8 1 1 6 0 1 1 0 1 10 13 5 :’ 7 10 1 0 0 1 3 1 0 0 1 o :, 0 0 0 0 0 no Delaware 0 1T 0 0 •' | 1i 0. 0 0 0 0 0 Florida 5 3 3 4 . •' 3 2 1 0 0 0 1 Illinois 0 1■ 2 0 0 2 o 0 0 0 1 Indiana 0 i ■; ■ 3 0 i% ! 1 2 o 0 0. Iowa 0 • V- 6 6 0 V ,£': 4 8 3 ■88 89 Alaska 0 V ■ -1 2 Arizona .6 % ; Alabama ’. f 3 ^ 1 California Colorado * t Connecticut •;• Kansas . 'I m p :7 5 ’87 f P p l ■■ ■ 1 19 10 Massachusetts. 1 o 2 0 0 Michigan 0 1 ;o 0 Minnesota 1 7 10 1 7 ' ,1 :.:C Ohio 0 o 0 ssisls .1 0 0 ... 1 ' 0 0 o 0 0 1 0 ’I 2 0 0 . 0 0 0 0 5 0 0 0 0 0 0 5 1 • S llll 0 0 . 0 - 0 2 0 0 ; 2 ; . 1 0 0 0 0 0 l l l l i l l ‘k $ v ; ; 1 0 0 2 1 1 o' 1 7 0 0 o ;. 1 0 2 1 1V,r v idv.i 0 ' 0 1 0 : 0 ’• ii v 1 1 ^ 1. 0 " 0 0 0 t‘ 0 v 9 1 0 31 0 3 . -6 0 0 0 50 115 95 0 3 0 1 ■q§§p 0 1 0 1 ><h 0 0 J V - V- 133 113* 0 o ; ,0 0 '. 4;, . 0 o ■ 0 0 0 '/I \ 0 0 0 - 0 0 0 0 0 0 ■» ■ ■ ■ •> r 1- - 2 4- 5 16 0 0 0 ■ - M 0 W e s t V irg in ia 1 /'V - 0 0 ti ps* ”■■-, Vr iSSS ■ >St. . 1 0 ; Wyoming 0 1 4 0 206 200 184 174 164 0 'X . 1 i 0 37 m 1 0 1 2 • | | 1 0 • a 1 1 0 4 1 5k 3 0 ? v* ■ ■ 0 .? 22 19 2 0 1,, 12 . 0 f i <~ v*5? 0 p ;:i o ,0 Total 0 0 3 23 • 0 - 0 . 2 * 0 k 6 ■ 1 12 Jltv 0 t l & 1 2 'M Virginia 1 i •' 0 ; iSBfE&f* 2 0 2' 1 W m > 1; 1 .u 3 Washington O '- 0 ,. 3 ? m 1 ■ New York Utah • 0 1 14 .■ r ; 0 0 1 0 1 ' North Dakota Texas : 1 2 , 2 South Dakota 0 1 0 Montana , ■ - Pennsylvania 0 . • 0 2 Oklahoma l l W i 0 O'. 0 . 0 1 Oregon • o >r 0 0 - 0 1 0 1 0 0 ’88 4 Mississippi M iSSO j||lSS| Nebraska 'M i§ £ 0 7 6 0 14 • ■’ ..■■ 0 1. > /jo '89 i 0 11 0 if Louisiana ’87 '88 4 . '6 ■ V 21 Kentucky ’89 2 ’88 if* Still 0 0 0 0 v o 0 133 fo 14 ■ ' 8 ■ :• 1' 0 %$ M !; $ 0 ;- jW & ■ li t i l 0 0 0 0 ° 0 0 0 23 30 0 9 ': : ! 6. ■ 0 : 40 11 ‘ Includes the ^0 Texas bank subsidiaries ofMCorp of Dallas; TX, and the 24 Texas, fciank subsidiaries of Texas. American Bahcshares, Inc., Fort Worth; TX. ’ Represents First RepublicBank. Delaware, the credit card subsidiary of First RepublicBank Corporation, Dallas, Texas. . .. . ’ -,' ' " v,‘ . ' Include the 40 Texas bank subsidiaries of First RepublicBank Corporation, Dallis, Texas. ^ rfS e w X v ti# • .* '.Vi'# . 'JWJffiSifiis &■ . > K ' - f " * - ' -s H j I s i f 4 i l i s i - . •«?»3B3»lK T 5 M r * a r a i w « w U * cases. The previous year, the agency made 129 such attempts and was suc cessful in 69 cases. $43.7 million. That is comparable to the previous year when, excluding the failure of the $32.5 billion-asset First RepublicBank Corporation of Dallas, the average assets of failed banks in 1988 were $37.6 million and average deposits were $36 million. Deposits in all failed banks in 1989, exclusive of MCorp, Texas American banks and the First American Bank, totaled $7.0 billion. That compares with $5.7 billion in 1988 excluding deposits of First RepublicBank Corporation’s 40 failed bank subsidiaries. Purchase and assumption transactions (P&As) were arranged for 174 bank failures in 1989, or 84 percent of the total. In 1988 there were 164 P&As, which constituted 82 percent of the failed bank transactions. In a P&A, a healthy institution assumes all the deposits and other liabilities of a failed bank and purchases a portion of its assets. In 1989, premiums totaling more than $40 m illion were paid by the assuming banks. Direct savings to the Bank Insurance Fund resulting from P&As versus the cost of insured deposit payoffs are estimated to be approximately $100 million. The FDIC continues to make extensive use of “ whole bank” P&As, in which prospective acquirers submit bids to purchase essentially all assets of a fail ing bank “ as is,” on a discounted basis. This type of sale is desirable because loan customers continue to be serviced locally by an ongoing financial institu tion instead of by FDIC liquidators. This transaction also minimizes FDIC cash outlays and restrains growth in total assets held by the FDIC for liq uidation. In 1989, the FDIC attempted whole bank transactions in 132 smaller failing bank situations, succeeding in 42 For 23 failed banks in 1989, the FDIC arranged “ insured deposit transfers” instead of directly paying o ff depositors up to the insurance limit. In this type of transaction, insured deposits are made available to their owners by transferring the accounts to an existing healthy institution or a newly-formed bank. Account holders are then able to withdraw their funds from the assum ing bank or keep them there if they so choose. The assuming bank also may purchase some of the assets of the failed bank. In one case in 1989, an insured deposit transfer was arranged where the assuming institution pur chased nearly all of the failed bank’s assets. The FDIC received purchase premiums of $7.8 m illion on these transactions in 1989. The FDIC directly paid depositors their insured claims in nine failures in 1989 when neither a P&A nor an insured deposit transfer could be arranged. Bridge Banks The FDIC may establish a “ bridge bank” when an insured bank is closed and more time is needed to find a perma nent solution. A bridge bank is a fullservice national bank established on an interim basis to assume the deposits, certain liabilities and substantially all the assets of a failed bank. It can be operated for up to five years by a board of directors appointed by the FDIC. A bridge bank may be established if the cost of operating it does not exceed the cost of liquidating the closed bank. The FDIC used its bridge bank authority, gained under the Competitive Equality Banking Act of 1987, for the three largest bank failures in 1989. On March 28, the Comptroller of the Currency declared insolvent 20 com mercial bank subsidiaries of MCorp of Dallas, Texas. The banks, which had gross assets of $15.4 billion, failed due to continuing loan losses largely at tributable to depressed economic conditions in the Southwest, and to losses on intracompany transactions. The FDIC’s response included the establishment of The Deposit Insurance Bridge Bank, National Association. On June 28,1989, the FDIC agreed in principle to the acquisition of the bridge bank by Banc One Corporation, Columbus, Ohio. The bridge bank’s name was changed to Bank One, Texas, N.A. A Banc One Corporation subsidiary managed the bridge bank under contract with the FDIC until the transaction was consummated on January 30, 1990. On July 20, the 22 national bank sub sidiaries and two state-chartered banks of Texas American Bancshares, Inc., Fort Worth, with assets of about $4.2 billion, were declared insolvent. Deterio ration in the banks’ major real estate markets contributed to loan losses that exhausted capital at 10 of the national banks, while the other banks became insolvent as a result of loan losses and losses on intracompany transactions. In response, the FDIC established Texas American Bridge Bank, National Association. An agreement to sell the bridge bank to Deposit Guaranty Bank, Dallas, Texas, was arranged almost immediately. The bank was renamed Team Bank. The FDIC’s bridge bank authority also was used for First American Bank and Trust, North Palm Beach, Florida, which had assets of nearly $1.1 billion at the time it was closed by the state on Decem ber 15 due to its continued operation in an unsound, unsafe or unauthorized manner. In this case, the FDIC estab lished a bridge bank known as First American Bank and Trust, N.A. On March 20, 1990, the FDIC approved a transaction with Barnett Bank of Palm Beach County, West Palm Beach, Florida, for the assumption of all deposits and certain other liabilities and the purchase of a significant por tion of the assets of the bridge bank. Assistance Transactions Section 13(c) of the Federal Deposit Insurance Act authorizes the FDIC to provide financial assistance to prevent the closing of an insured depository i includes 1 13 institution. Assistance may be granted in three ways: directly to an insured institution in danger of failing; to facilitate a merger of an insured institution in danger of failing; or to a company that already controls or will control an institution in danger of failing. To provide such assistance, the FDIC’s Board must determine that the amount of assistance is less than the cost of liquidating the institution. An exception may be made when the continued operation of the depository institution is essential to provide adequate depository services to its community or when severe financial conditions exist that threaten a large number of financial institutions with significant resources. In past years, a net worth certificate was another form of assistance provided by the FDIC under terms of the Garn-St Germain Depository Institutions Act of 1982. Under certain conditions, insured savings banks applied for these cer tificates in amounts equal to a percent age of their operating losses. The cer tificates then counted as surplus for regulatory purposes. Net worth certificates totaling $710.4 m illion had been issued in past years to 29 savings banks. In 1989, outstand ing certificates were reduced by $63.4 million through contractually required payments. At year-end 1989, only three savings banks had certificates out standing aggregating $233.5 million. Problem Banks FIRREA granted the FDIC additional power to provide open financial assis tance to some members of the new SAIF under special circumstances specified in Section 13(k)(5) of the Federal Deposit Insurance Act. Banks and BIF-insured savings banks whose financial, operational or manage rial weaknesses are so severe as to pose a serious threat to continued viability — those rated 4 or 5 on the composite supervisory rating system used by the three federal agencies — are considered problem institutions. Only one assistance transaction, involv ing the $5.7 million-asset Metropolitan National Bank in San Antonio, Texas, took place in 1989. This transaction in January resulted in estimated savings to the FDIC of $410,000, based on the estimated cost if the institution were to fail and its depositors paid off. The FDIC places a special emphasis on examining these problem banks because of the potential effect on the deposit insurance fund. In early 1990, a similar system was in place to generate a list of SAIF-insured problem institutions. Problem Banks, 1985-1989 (Year-end) 'otal Insured Problem Banks r—---------- r-------------- --------------- - % Change in Number of Problem Banks .% of Total Insured Banks Changes in FDIC Problem Bai Editions let Change FIRREA made substantial changes to applications matters. Among them: A fter reaching a historical high of 1,624 in mid-1987, the number of BIF-insured problem banks has been declining. At year-end 1988, the number stood at 1,406. By year-end 1989, the number was down to 1,109. Although failures contributed to the decline, many more former problem banks were rehabilitated, usually with close supervisory guidance. Management and poor lending decisions continue to be the underlying causes of most problem bank situations. However, shifting regional weaknesses in the economy have affected the number of problem banks and can be anticipated to do so again in the future. Processing Applications The major applications processed by DOS are for: deposit insurance; the establishment or relocation of branches by FDIC-supervised banks; mergers where the agency supervises the resul tant bank or where an uninsured institu tion is involved; changes in control of state nonmember banks; and, in certain circumstances, decisions as to who may serve as a director, officer or employee of an insured institution. In 1989, there was a decline in deposit insurance actions from 1988, the result of fewer new banks being formed in the Northeast and Southeast. There also was a lower level of merger ac tions due to fewer banks acquiring branches from savings associations. In the interest of expediency and effi ciency, most FDIC applications are decided under delegated authority. Of all 1989 applications filed, 97.1 percent were decided at the regional level of DOS and 1.8 percent were acted on by DOS in Washington. Only 1.1 percent of all applications were forwarded to the Board of Directors for action. • Savings associations will obtain deposit insurance by applying to the FDIC. • Applications for charters for proposed national and Federal Reserve member state banks will be submitted to the FDIC for comment before approval by the primary regulator. • The acceptance or renewal of brokered deposits by undercapitalized institutions is prohibited unless the FDIC grants a waiver. • Before certain state nonmember banks, including those in troubled condition, can add a director or employ a senior executive officer, a notice must be sent to the FDIC. • Savings associations must notify the FDIC of plans to divest “junk bond” investments and to lim it certain other activities. • The FDIC is responsible for permitting institutions to convert from membership in one insurance fund, BIF or SAIF, to the other. As a result of changes in the com petitive environment for financial ser vices over the past decade, the FDIC adopted a new policy on bank merger transactions that replaces a policy adopted in 1980. The new policy clarifies the standards that the FDIC will use in assessing whether a proposed bank merger would have anti-competitive ef fects or create other concerns that would warrant denial of an application. When analyzing the level of competition in a particular market, the FDIC will consider not just bank services but also equiv alent products offered by other types of competitors, such as thrifts, credit unions and securities firms. Bank Fraud and Insider Abuse Insider abuse or criminal fraud was pre sent to some degree in about onequarter of all bank failures in 1989, a slight drop from the one-third found in bank failures the previous year. However, the numbers for 1989 may increase as investigations at failed banks continue. A total of 667 state nonmember banks, or 9 percent of the total, were victimized by a theft or fraud of $10,000 or more in 1989, up slightly from eight percent the year before. Fraud and abuse con nected to real estate transactions had been prevalent in the Southwest the past few years, but those problems appear to be abating. Similar problems are now surfacing in the Northeast and are contributing to real estate loan losses there. These problems include: conflicts of interest and other insider abuses; inflated real estate appraisals; and fraudulent sales contracts, loan applications or title policies. FDIC Applications, 1987-1989 tsurance Service Facilities Change in Conti of .Intent A Special Activities Section was estab lished in DOS in the mid-1960s to identify individuals who pose a threat to an in sured bank or the banking system and then to try to prevent these individuals from causing harm. The section coor dinates the activities of the FDIC’s specially trained fraud specialists and fraud examiners, monitors fraudulent and abusive activity in individual in stitutions, maintains a data base, and develops examination procedures and supervisory strategies to detect and prevent harmful activities. The Special Activities Section works closely with the FDIC’s Legal Division, which files suits against offenders, or refers potentially harmful activities to the Federal Bureau of Investigation and other federal and state law enforcement authorities. These include the Justice Department’s interagency Bank Fraud Working Group and the Treasury Department’s interagency Bank Secrecy Act Working Group. The latter attempts to support the war on drug trafficking and money laundering through investi gations and increased training for examiners and bank personnel. To promote the prosecution of offenses in which relatively small amounts of money are lost, the FDIC and other federal regulatory agencies in 1989 increasingly encouraged institutions to cooperate with Department of Justice prosecutors in a program known as “ Fast Track.” Under the Fast Track program, federal prosecutors send m ultiple cases of small dollar-amount fraud and embezzle ment through the judicial system as a single package. This allows the prose cution of bank fraud and embezzlement cases that previously were considered too small to warrant federal resources. It also helps deter financial crimes through publicity about the offenders. Large Bank Analysis Program Improved communication between the regulatory agencies and federal law enforcement organizations, plus increased reports of apparent criminal activities by insiders due to a relaxation of privacy laws, should improve future crimefighting efforts. Off-Site Monitoring and Analysis Program During 1989, DOS became increasingly concerned with the rapid deterioration of institutions exhibiting high-growth characteristics. A key development in 1989 was the revision of an existing off-site surveillance system to include a model that identifies institutions with unfavorable and problematic growth characteristics. These institutions are flagged for appropriate supervisory follow-up. The Division also placed ad ditional senior bank analysts in the regional offices to review financial reports and alert senior staff members to conditions that might trigger an examination or other follow-up. Also during 1989, the capability to produce Uniform Bank Performance Reports (UBPRs) for BIF-insured sav ings banks was developed. Long available for commercial banks, these quarterly reports provide examiners, bankers and analysts with a valuable tool for assessing the condition of individual institutions, peer groups and the industry in general. Beginning with March 1990, savings bank performance reports will be publicly available. The FDIC’s Uniform Bank Performance System provides on-line access to most UBPR information. This system displays historical data as well as performance ratios based on the most recent infor mation available. These data enable ex aminers to assess current developments in a particular institution. As part of its program to manage risk to the deposit insurance fund, the Divi sion’s financial analysts conduct quarterly reviews of conditions and trends in all commercial banking companies with total assets of $3 billion or more. These activities take place under a Large Bank Analysis Program, which in 1989 covered 123 banking companies holding approximately 66 percent of total U.S. bank assets. Through 1989, most activity associated with this program took place off-site. In 1990, the program’s links with on-site supervision will be strengthened by an increased presence of FDIC examiners during the reviews of large banks con ducted by the Comptroller of the Cur rency and the Federal Reserve. This should improve the FDIC’s access to needed information and assist in super visory follow-up. Capital Forbearance Program In 1986, the FDIC adopted a Capital Forbearance Program available to any bank with difficulties primarily attrib utable to economic problems beyond the control of management. Under the program, a bank may operate temporarily with capital below normal supervisory standards if it is viable and has a reasonable plan for restoring capital. Banks had to obtain approval of a plan to return to normal capital levels by January 1, 1995. The capital forbearance program expired on December 31, 1989. During its exis tence, the FDIC received 352 applica tions for forbearance and admitted 204 banks into the program. Of those 204 banks, 112 were still in the program at year-end 1989. The other 92 banks left the program for reasons that include mergers and steps being taken to in crease capital to satisfactory levels. Applications of 96 banks were denied. In 34 cases, the application was w ith drawn or not processed for other reasons. At year-end, 18 applications still were being processed. Loan Loss D eferrals by A gricultural Banks The Competitive Equality Banking Act of 1987 permits certain agricultural banks to amortize loan losses on farm loans and related assets over a seven-year period. Under the program, a qualifying bank may amortize eligible losses incurred between December 31, 1983, and January 1, 1992. Since the start of the program until year-end 1989, the FDIC had received 87 applications, of which 38 were accepted. Eight banks are no longer in the program for various reasons, leaving 30 banks still participating at year-end. Applications of 22 banks were denied and three were still External Auditing Programs of Bank* AH Commercial Banks and FDIC-Supei (In Percentages) ' \ /• >-i being processed at year-end. In 24 cases, the application was either withdrawn or returned because the institution did not qualify as an agricultural bank. Auditing In late 1988, the FDIC Board of Direc tors adopted a policy statement that urges each state nonmember bank to have an annual external audit of its financial statements performed by an independent public accountant. Because the FDIC believes that an annual exter nal review by an independent party con tributes to the safety and soundness of the banking system, DOS identified a set of basic auditing procedures for use at banks that choose not to have an an nual external audit performed by an in dependent public accountant. On May 16, 1989, the Board of Directors issued a proposed policy statement on minimum recommended external auditing procedures. A final statement of policy was adopted on January 16, 1990. Under the final policy, all state nonmember banks that do not engage an independent public accountant to — r ---------------1988 Savings Banks * ^ ------------------------------------------ ~ ^8---------------All Others* Directors’ Audit* .......... ; .............- .....'T- Over $75 •Over $50 $25' miltjon All Banks Sourpe:/June3( •’’Audit of the bai * Directors' exii fefclu$es reviei t o respoilse to the item. Exam * AH others* ... — - ........................ ■ ’ ' i --.... . conduct an annual audit are strongly encouraged to have an independent external auditor perform basic auditing procedures recommended by the FDIC and other additional procedures deemed necessary to address high-risk areas of the bank. Capital Several important developments took place during 1989 relating to bank and thrift capital requirements. These in itiatives represented continuing regulatory efforts to ensure that ade quate capital levels are maintained by insured financial institutions. Of particular importance was the em phasis placed on ensuring that ac tivities involving different levels of risk are backed by appropriate amounts of capital. That focus applies regardless of whether the activity involves a balance sheet asset or an off-balance sheet activity, or whether the institution is a bank or thrift. These initiatives resulted in greater similarity of capital standards among financial institutions both international ly and within the U.S. In addition, new capital standards adopted for U.S. thrifts by the OTS brought capital require ments at savings associations into closer alignment with the standards applied to U.S. banks. The FDIC, the Comptroller of the Cur rency and the Federal Reserve Board completed their risk-based capital guidelines in early 1989. The risk-based capital framework was recommended by the international Basle Committee on Banking Supervision. Under the new risk-based framework, capital is divided into core and supplementary tiers. Risk evaluations are assigned to balance sheet assets and off-balance sheet items. Beginning with year-end 1990, banks are expected to meet an interim minimum capital ratio of 7.25 percent of risk-based assets and, by year-end 1992, a fully phased-in risk-based ratio of eight percent. U.S. banking regulators also began discussions on revising the existing leverage capital standards, which cur rently require banks to maintain 5.5 per cent primary capital and 6 percent total capital ratios. The intent is to refine the capital definitions under the leverage standard so that they better conform to the core and supplementary capital definitions used under the riskbased capital framework. Unlike the risk-based ratio, which com pares capital to risk-weighted assets and off-balance sheet activity, the leverage ratio compares capital to total balance sheet assets. The leverage ratio requirements, which have remained unchanged since 1985, ensure that a portion of balance sheet assets and future asset growth will be funded by owners’ equity, rather than exclusively by insured deposits. The U.S. bank regulators hope to begin applying both a revised leverage standard and the risk-based capital standard by year-end 1990. One important aspect under con sideration is whether the allowance for loan losses should be removed from the definition of capital for purposes of calculating the leverage ratio. Call Report Changes After adoption of final risk-based capital measures by the three federal banking agencies, the regulators revised the Reports of Condition and Income (Call Reports) to take the new capital standards into account. These reporting changes will facilitate the off-site measurement and monitoring of Accounting Issues banks’ risk-based capital levels. Other changes considered necessary for bank supervisory purposes also were developed by the FFIEC’s Task Force on Reports. These changes include: a new risk-based capital schedule; a revised schedule for off-balance sheet items; and more details on holdings of securities of U.S. Govern ment agencies, corporations, and state and local governments. The Call Report for March 31, 1990, was the first to in corporate many of the changes. A central feature of the new risk-based capital schedule is a test that banks with less than $1 billion in total assets will use to determine whether they are exempt from completing the entire schedule. At least 85 percent of the banks are expected to qualify for this reporting exemption. Data for individual banks will become publicly available beginning with the reports for December 31, 1990, the date when banks are first required to achieve a specified minimum capital ratio under the new risk-based capital standards. A number of other reporting changes adopted in late 1988 took effect with the Call Reports for the period ending March 31, 1989. The new information is designed primarily to help the banking agencies identify and m onitor risk areas, such as bank holdings of equity securities, direct and indirect invest ments in real estate ventures, certain time deposits and mortgage transfers with recourse. The latter primarily refers to situations where banks sell loans but still are liable if problems develop later. The report for March 31, 1989, also marked the first time that approximate ly 475 FDIC-supervised savings banks filed the same Call Report forms used by commercial banks instead of using a different set. Several initiatives that govern industry accounting practices took place during 1989. Among them was the develop ment of an interagency policy, effective September 30, governing the use and reporting of “ push dow n” accounting when there is a change in ownership of a bank. This method of accounting and reporting records the assets of the bank based on their fair market value, not their book value, as of the date of the acquisition. A benefit to the regulators is that this method provides a better indication of the value of ex isting assets and their recoverability. For changes in control of 95 percent or more, the use of push down accounting is required for reporting purposes. It is optional for changes in control of be tween 80 percent and 94 percent. During 1989, the Division’s staff con tinued to participate in interagency discussions concerning reporting and capital requirements for asset sales with recourse as well as other forms of risk retention. In November, the agen cies agreed to prepare for public com ment in 1990 a paper of broader scope on recourse arrangements associated with asset sales and other transactions. The paper, issued by the FFIEC on June 25,1990, addressed possible defini tions of recourse for supervisory pur poses as well as reporting requirements, capital standards and other consider ations. The evaluation of the comments that are received will assist the agen cies in developing possible revisions to their regulatory reporting requirements and capital standards. It became evident to regulators in late 1988 and early 1989 that banks and data processing servicers were entering into arrangements apparently permitting a bank to defer loss recognition on the disposal of in-house electronic data processing operations and equipment. Although no accounting standards exist that apply specifically to these transac tions, examiners were advised to be alert for them. The deferral of loss recognition on EDP-related transac tions, or other transactions, represents an unsafe and unsound practice. Con gress expressed its concern about such transactions in Section 225 of FIRREA, which prohibits an insured in stitution from entering into a contract that “ would adversely affect the safety and soundness of the institution.” DOS also issued policy guidance in September to address the complexity of the accounting issues arising from the acquisition of failed or failing banks by new owners, especially transactions involving FDIC assistance. These issues included how to account for FDIC assist ance, intangible assets, negative good will and acquired loan loss reserves. The guidance was issued to ensure timely notice of FDIC policy to poten tial buyers of failed or failing banks. FIRREA and Accounting Issues The FDIC’s new role as insurer and back-up supervisor of savings associa tions has led DOS to make sure that staff involved in examining and super vising thrifts are fully informed of thrift accounting standards. In many respects, accounting practices used by thrifts formerly insured by the FSLIC are sim ilar to those of the insured statechartered savings banks supervised by the FDIC. However, generally accepted accounting principles (GAAP) and regulatory reporting requirements for savings associations and banks differ in some respects. DOS staff prepared a study in 1989 to help the FDIC field staff understand the accounting practices they will encounter when examining thrifts. Section 1215 of FIRREA requires each federal banking agency to establish uniform accounting standards for deter mining capital ratios and for other pur poses. As a result, the FDIC and the other regulators have used the DOS study of accounting practices as a basis for initiating discussions on resolving accounting differences between banks and thrifts. In addition, the FDIC has asked the Financial Accounting Stan dards Board (FASB) to assist the regulatory agencies by eliminating as soon as possible differences in banks’ and th rifts ’ accounting treatment of sim ilar transactions. The FFIEC also approved a project to study a common reporting system for banks and thrifts. FIRREA requires the OTS Director to prescribe and maintain uniform capital standards for thrifts that, for the most part, are no less stringent than those applicable to national banks. Savings associations not meeting the minimum capital standards will be subject to asset growth restrictions. FIRREA makes an exception from the OTS rule for “ purchased mortgage servicing rights,” which are intangible assets that represent the right to service mortgage loans owned by others. The OTS capital treatment of purchased mortgage serv icing rights for regulatory capital pur poses must be at least as stringent as that applied by the FDIC to state nonmember banks. In addition, the FDIC is to prescribe the maximum amount of purchased mort gage servicing rights that savings associations may recognize for OTS capital purposes. In late 1989, the FDIC staff developed a proposal for lim iting the amount of servicing rights that the agency would accept as core capital for state nonmember banks and tangible capital for thrifts. On January 30, 1990, the FDIC Board of Directors issued the proposal for public comment. Publicly-Held Banks The FDIC administers and enforces the registration and reporting provisions of the Securities Exchange Act of 1934 for publicly-held insured nonmember banks. At the end of 1989, there were 254 banks registered with the FDIC, up from 246 a year earlier. Required statements and reports filed by these banks are public documents and are available for inspection at FDIC head quarters in Washington. A total of 1,955 individuals inspected these records dur ing 1989 and requested copies, and an additional 2,995 requested copies by telephone. Copies of 52,576 pages were provided in response to these requests. In December, the FDIC Board of Direc tors adopted amendments to Part 335 of the Corporation’s rules pertaining to independent audits, executive compen sation disclosure and other matters regarding the securities of insured state nonmember banks. The amend ments, which for the most part took ef fect January 29, 1990, make the FDIC’s securities disclosure requirements substantially the same as those of the Securities and Exchange Commission. One substantive difference from past procedures shortened the amount of time institutions have to report changes in accountants and resignations of bank directors. Automation Activities DOS is continually striving to improve productivity through increased automa tion and the use of state-of-the-art equipment. An important objective of the Division’s automation plan has been to provide rapid and easy access to supervisory and financial informa tion. Personal computers have become an essential tool in the examination function. During 1989, the first 500 laptop com puters of about 2,000 expected to be purchased by DOS were sent to examiners in the field to supplement and eventually replace the bulky por table computers that had been used. The new computers, which are small enough to be carried comfortably in a briefcase, enable examiners to have access to examination reports and hun dreds of FDIC rules, regulations and memorandums within seconds. The lap top program is expected to save sig n ifi cant amounts of examiner time and improve the quality of the work being done. DOS’s goal is to have one laptop computer for every field examiner by the end of 1992. DOS also began installing “ local area networks,” providing a computerized communications link among workers in a particular area. Local networks were operating in the Washington o f fice and in several of the regional offices by year-end 1989. The network has provided each review examiner with quick access to the FDIC’s data bases and the capability to communicate with DOS field offices, other divisions and private data bases. The program also will speed up the transmission and review of examination reports from the field. Plans are to install “ wide area net works” that will connect all the FDIC networks by the end of 1990. The first wide area network was installed be tween the Kansas City and Washington offices during 1989. Also in 1989, the FDIC’s financial infor mation data base was replaced with a more modern product that is easier to use and has increased capacity. The programming task, one of the largest ever by the FDIC, took nearly two years to complete. The new data base, known as the Bank Information Tracking System (BITS), was tested in 1988 and became fully operational early in 1989. The FDIC and other regulators rely heavily on BITS in supervising and monitoring financial institutions. Other data bases acquired for examiner use will provide access to the manual of examination policies, DOS memorandums and S&L financial data. Other FDIC manuals will be added in 1990. During 1989, the Division began develop ing an updated, expanded management information system in tandem with the wide area network project. The system will track and provide reports on examina tion performance, financial institution growth, aggregate statistical informa tion, regional profiles and various regional office activities. Training DOS attracted a high caliber of examiner trainees in 1989. Of the 634 individuals hired in 1989, about 67 percent were recruited under an Outstanding Scholar Program. To qualify, applicants must have graduated from their college with at least a 3.5 grade point average or have ranked in the top 10 percent of their class or subdivision. All training programs during the year emphasized emerging issues such as interest rate risk management and capital markets instruments. FIRREA also had a dramatic impact on training activities in 1989. Thrift ac counting and operations schools were conducted at eight regional sites and the Washington area. This was followed by a financial analysis seminar that focused on thrift issues. The increased hiring of examiners that began in 1985 continued to affect the Division’s training efforts at all levels, with student attendance at the DOS Training Center remaining very high. During the year, 90 sessions of 13 courses were attended by 1,544 FDIC examiners, 41 employees of other FDIC Divisions and Offices, 384 state ex aminers and 74 employees of other U.S. agencies and foreign governments. Some FDIC examiners were unable to attend FFIEC schools because of com peting demands on their time from the thrift industry crisis. Nonetheless, 269 FDIC employees and 58 state examiners under FDIC sponsorship attended 13 different courses offered under the auspices of the FFIEC. Training levels are expected to increase in 1990 and beyond to meet the needs of the increased field examiner staff. A cadre of 350 instructors taught at the DOS Training Center in 1989. They in cluded DOS examiners, senior manage ment from all Divisions and Offices in Washington headquarters, and guest lecturers from the academic communi ty, banking and other business fields. The number of instructors is expected to increase to 390 in 1990, with most of the increase being industry experts enlisted to help develop examiners. In addition, the FFIEC’s courses were supported by 17 FDIC instructors in 1989, but that will increase dramatically in 1990 as the FDIC’s use of these courses rises. The DOS Training Center administers the testing and assessment of assistant examiners for promotion to com m is sioned examiner status. In 1989, there were 244 staff members evaluated for possible promotion to commissioned examiner status. Nearly 300 are ex pected to be evaluated during 1990, reflecting the continued expansion of the field staff. Outlook • Off-site Monitoring In 1990, the FDIC and the other regulatory agencies will be evaluating the Uniform Bank Performance Report in light of changes instituted by FIRREA. Riskbased capital and interest-rate sensitivity are areas where the UBPR’s content might be revised. The question of whether to include savings associations also will be addressed, although a significant effort would be required to make S&L financial information compati ble with the UBPR format. A separate system may prove desirable. FIRREA has mandated that each bank make available to its external auditor any examination reports, supervisory agreements or enforcement actions in volving a federal or state regulator. The accounting profession also has been developing a position providing guidance to auditors on communica tions with examiners and on the need to review examination information about a financial institution. In addition, the FDIC’s auditing policy requests banks to subm it auditors’ reports to the FDIC regional office so that agency staff members may communicate in a more tim ely fashion with institutions and their auditors to help resolve issues of supervisory concern. The FDIC has agreed with the Florida Board of Accountancy that examiners James Tk a tc h Other significant off-site monitoring projects for 1990 include the develop ment of new interest rate sensitivity measures and aggregate data on ac tivities such as real estate lending, and the on-line availability of financial data that otherwise has been available only in hard copy. • External Audits The FDIC’s encouragement of external audits and acceptable alternative audit ing programs for banks is expected to continue with increased emphasis on cooperation and communication be tween auditors and examiners. At FDIC headquarters, Chairman Seidman discusses supervision and regulation issues with bankers from nearly 60 countries who gathered in Washington for a one-week conference in September 1989. or liquidators who discover apparently substandard audit work at a financial institution will notify the Florida Board of such situations for its review and possible disciplinary action. This model may be used to establish similar agreements between other states and the federal financial institution super visory agencies. Capital Adequacy Capital standards for banks and thrifts will continue to be a paramount con cern of regulators throughout the 1990s. FDIC staff in the coming years undoubtedly will be paying attention to issues such as: proper capital for mort gage banking activities; whether the allowance for loan losses should be part of regulatory capital; and the application of the risk-based capital framework to current and developing financial instruments and off-balance sheet activities. Financial Instruments The new decade is likely to find the ac counting profession and regulators con tinuing to struggle with the accounting and supervisory issues resulting from new and constantly evolving financial instruments. Various mortgage-derivative products have proliferated in the portfolios of depository institutions in recent years. The accounting profession is reviewing the treatment of transactions involving these and other financial instruments. An awareness of the considerable level of interest rate risk in many of these instruments has been added to the traditional concerns about credit quality. There are several reasons for continued DOS scrutiny of these types of instru ments. One is the FDIC’s new responsi bilities as insurer and back-up super visor of thrifts, which have been more active purchasers of mortgage-derivative products than banks. Another is the increased holding of these assets by commercial banks. The categorization of securities and other assets held for investment, sale or trading has been under increasing discussion in the accounting profession and among the regulators. DOS’s staff has participated in deliberations to reconcile differences in the criteria used to determine how these assets should be reported. This effort includes developing interagency guidance on proper investment practices. • Recourse Arrangements The market’s appetite for securitized assets that pose reduced risk to in vestors likely will continue as invest ment bankers devise new financial instruments tailored to their custom ers’ needs. Discussions on the relationship between the recourse retained in a transfer of assets and the reporting and capital treatment of these transac tions will likely remain a top priority. • Hiring The Division plans to hire more than 700 field bank examiners in 1990 who would be dedicated to conducting safety and soundness examinations. The goal is to have more than 2,600 field ex aminers on staff by year-end 1990, up from about 2,200 at the end of 1989. DOS also intends to help support the examiner staff by hiring 200 experi enced loan analysts on temporary ap pointments of up to three years. This would expand a pilot program that by year-end 1989 involved about 30 loan analysts in selected regions. Division of Liquidation Picking up the Pieces from Failed Banks and Thrifts When President Bush asked the FDIC in early 1989 to become part of the solution to the thrift industry crisis, much of the burden fell directly on the Division of Liquidation (DOL). This is the FDIC Division that ad ministers failed financial institution receiverships, makes payments to depositors in closed FDIC-insured banks, and converts the assets of the failed institutions to cash to reduce the costs to the agency. In 1989, DOL successfully handled the closing of a record 206 FDIC-insured commercial banks having total assets in excess of $29 billion. That surpassed the previous record of 200 bank failures set in 1988, although total assets that year were higher at $35.7 billion. About 75 percent of the $29 billion in failed bank assets brought under the DOL’s responsibility in 1989 related to the failures of three large organizations: the 20 subsidiary banks of MCorp of Dallas, Texas, with combined assets of approximately $15.4 billion; the 24 sub sidiary banks of Texas American Bancshares, Inc. (TAB), Fort Worth, Texas, with combined assets of about $4.2 billion; and the nearly $1.1 billion-asset First American Bank and Trust, North Palm Beach, Florida. At the same time, DOL efforts helped stabilize problem savings institutions. About 850 senior personnel from DOL, along with two regional offices and three field offices, were transferred to the Resolution Trust Corporation (RTC) when the new agency was created in August to act as conservator and receiver for failed thrifts. In addition, the Division’s portfolio of assets to be liquidated more than doubled to approximately $24 billion when, under FIRREA, the FSLIC Resolution Fund was established within the FDIC. This new fund assumed responsibility for the assets and liabilities of the 98 savings and loan receiverships in existence prior to 1989, for which the former Federal Savings and Loan Insurance Corporation (FSLIC) had been named receiver. The respon sibility for liquidating those assets was given to DOL. Taken together, these various responsi bilities made 1989 the most challenging year in DOL’s history. Other highlights of its operations in 1989 include: • Achieving cash collections of $2,322 billion on commercial bank assets in liquidation and $392 million on FSLIC assets during November and December. • Holding the ratio of DOL expenses to assets collected to a low 9.6 percent. • Performing reviews of the assets at the 206 failed commercial banks prior to their being closed and at 253 savings and loans after being placed into con servatorship. Through these asset reviews, the FDIC was able to estimate the costs and losses that would be in curred in liquidating these institutions. • Participating in the assembling of finan cial information used to facilitate the sale of most of the 206 failed banks. • Holding the FDIC’s first public nation wide auction of large holdings of real estate. The March 1989auction, conducted in New York, sold 14 properties for $40.7 million, an impressive 99.4 percent of their appraised value. Assistance Transactions Beneficial The FDIC established bridge banks in connection w ith the three large failures of 1989 involving MCorp, Texas American Bancshares and First American Bank and Trust. A bridge bank is a full service national bank established by the FDIC on an interim basis to assume the deposits, certain other lia b ilitie s and substan tia lly all of the assets of a failed bank. The FDIC may operate a bridge bank up to five years w hile it seeks a pur chaser. The goal is to m aintain banking services u ntil a permanent so lution is found fo r the insolvent in stitutio n . The bridge bank created in March to handle the MCorp failures was sold three m onths later to Banc One Cor poration, Columbus, Ohio, and renamed Bank One, Texas, N.A. A lm ost im m ediately after the TAB bridge bank was established in July, an agreement in principle was reached to sell it to Deposit Guaranty Bank, Dallas, Texas. As fo r the bridge bank created in December fo r First American, the FDIC approved a transaction on March 20, 1990, w ith Barnett Bank of Palm Beach County, W est Palm Beach, Florida. Barnett agreed to assume all deposits and certain other lia b ilitie s and to purchase a sig n ifica n t portion of the assets of the bridge bank. Banc One and Deposit Guaranty Bank (later renamed Team Bank) acquired the ir bridge banks w ith FDIC assistance. In each case, under the term s of the assistance plans approved by the FDIC, the acquired bank’s balance sheet was marked to market. The FDIC agreed to provide a cash con trib u tio n su fficie n t to elim inate the bank’s negative net worth. The FDIC also agreed to absorb losses on a pool of problem assets, which each assum ing bank w ill manage under FDIC supervision. In return, the FDIC benefits by having few er assets to liquidate, which ultim ately lowers the agency’s costs. By working together w ith the private sector, DOL can maximize the fin an cial return to the insurance fund. The Banc One and Deposit Guaranty assistance and service agreements were largely patterned after the FDIC’s 1988 arrangement w ith NCNB Texas National Bank (NCNB) for managing the classified assets of the failed FirstR epublic Bank, Dallas. Total assets in the pool under the management of NCNB had a book value atistical Highlights, 1984-1989 Total pSnmis of Failed ffjjSB li B (billions) Estimated Book Value of Assets in Liquidation (billions) Operating Expenses* (millions) Number of DOL Employees k assistance transactions., ral Savings and Loan Insurance Resot -wide.expenses. > Trust Corporation (BTC) expenses, collections and asset n 27 Asset Management and Sales of approximately $10 billion. NCNB col lected for the FDIC a substantial $2.4 billion from these assets in 1989. Private sector collections on MCorp and TAB assets eventually should bring to the FDIC an additional $7 billion. 28 An Assistance Transactions Branch headquartered in Dallas, Texas, was established in 1989 for the purpose of monitoring and providing oversight for major assistance transactions nation wide. The relatively small but highly experienced staff of this branch, based in the state where most of the FDIC’s failed bank assets are located, enables the agency to leverage its personnel resources to provide management for a large volume of assets. .... — With four regional offices and 16 field offices, the Division has been able to decentralize decision-making and delegate considerable authority to the field. This arrangement has helped DOL make decisions in a timely and costeffective manner. For example, DOL took 25,844 creditrelated actions in 1989 in areas such as settlements, foreclosures and sales of loans and acquired real estate. But under DOL’s delegated procedures, only about 1.5 percent of those credit ac tions had to be approved in the Washington Office. The Division of Liquidation’s account officers collected nearly $2.7 billion on bank and th rift assets. Through its bulk sales efforts, the Division sold more ................ — 1 than 28,000 loans having a book value of $493 m illion. While 1989’s bulk sales efforts represent a small percentage of the total asset portfolio in terms of dollars, the numbers of loans sold is significant in that it reduces the volume of small loans requiring servic ing. The Division’s field offices also ad m inister asset sales and oversee the use of outside contractors. DOL goes to great lengths to market the real estate properties it acquires from failed institutions. This includes notices in FDIC publications, listings with real estate brokers and advertising in various media, including trade journals that would feature specialized properties such as hotels or restaurants. Properties usually are sold through real estate brokers, but also are sold at public auctions and by the FDIC’s own real estate personnel. Sales typically are on an all-cash basis, although financing is considered. The Philadelphia Inquirer/Akira Suw a Properties acquired from failed banks are sold through the Owned Real Estate Department in each field office and loans are sold by the Asset Marketing Department. The names of investors interested in purchasing prop erties or loans are maintained on a data network that can be accessed by all liquidation offices. To be listed, in vestors must complete a form available from any of the Division’s offices. Listings of properties for sale are available on a local or regional basis upon request from any DOL office. In the second quarter of 1990, DOL began publishing listings of commercial properties for sale nationwide. Each property is listed by type and by city and state, along with a brief descrip tion and a phone number for further information. Christie’s auctioneer acknowledges a bid for a property during the FDIC’s successful public auction of large real estate holdings, March 8, 1989, in New York City. Investigations Negligence and criminal behavior by directors, officers or third parties were major reasons for record numbers of financial institution failures over the last several years. DOL’s Investigations Unit is responsible for uncovering, pursuing and redressing these wrongdoings. Several steps were taken in 1989 to upgrade the Investigations Unit and to make sure it is equipped to accomplish its mission. One was the creation of a new senior position, the Assistant Direc tor for Investigations, to put additional emphasis on these matters. The unit also started using in 1989 a new computer-based system to help FDIC investigators track alleged viola tions at banks and follow-up actions by the Department of Justice. This com puter network should speed the comple tion of investigations, give a more complete picture of recurring criminal acts and help track referrals to the Justice Department for possible criminal prosecution. The system also will help the FDIC track the dates that criminal sentences are to be imposed, which is important as the agency aggressively seeks restitution payments from defen dants when they are sentenced. DOL also is establishing a comprehen sive training program to give FDIC investigators a complete background in financial institution operations as well as rigorous training in investigative techniques. The FDIC intends to make this one of the premier investigative training programs in the country. Early Response to the Thrift Crisis When President Bush announced on February 6 his plans to resolve problems in the thrift industry, a first step was the placement of 253 troubled savings associations into conservatorship under a joint team of regulatory agencies led by the FDIC. The team consisted of the FDIC, the Federal Home Loan Bank Board (FHLBB), the FSLIC, the Office of Comptroller of the Currency and the Federal Reserve Board. The mission of the regulators was to promote public confidence and maintain customer services while working to find a permanent, cost-effective resolution to the institutions’ problems. To accomplish these goals, the regulators took control of the troubled institutions, evaluated their financial condition and took steps to ensure that they would be operated in a safe and sound manner. These actions enabled the regulators to minimize operating losses, lim it growth, eliminate highly speculative activities and stop waste, fraud and abuse at these institutions. In a related move, on February 7, the FDIC agreed to manage thrift institu tions placed in conservatorship or receivership. This came after the FHLBB determined that the magnitude of the problems of the thrift industry exceeded its resources and those of the FSLIC. The FDIC was reimbursed by the FSLIC for the services it performed. The Division of Liquidation’s initial par ticipation in the management agreement consisted of conducting asset reviews to determine the estimated losses and providing support in monitoring the credit function at each conservatorship. DOL conducted asset reviews at the 253 savings institutions in the conser vatorship program and subsequently supplied many of its most experienced personnel to act as managing agents of these institutions. Outlook The Im pact of FIRREA Enactment of FIRREA in August added some burdens to the Division but lifted others. Not only did DOL assign approx imately 850 senior personnel to the RTC, but it also transferred two of its six DOL regional offices to the new agency. These were DOL’s Atlanta and Kansas City Regional Offices. DOL also transferred to the RTC three field offices located in Kansas City, Missouri; Tulsa, Oklahoma; and Burnsville, Min nesota. At the same time, DOL absorbed the liquidation activities and personnel of the FSLIC’s Operations and Liquida tion Division, which meant a doubling of the portfolio of assets to be liquidated. FIRREA also gave the FDIC greater flexibility in arranging and processing “ purchase and assum ption” (P&A) trans actions for failed banks. In a P&A, vir tually all deposits of an insolvent insti tution, including uninsured deposits, are assumed by a healthy institution with financial aid from the FDIC. FIRREA codified the FDIC’s long standing position that non-depositor creditors of a failed institution should share proportionately, or “ pro rata,” with the FDIC in the proceeds of the liquidation of an insured institution whenever a purchase and assumption transaction is arranged. The FDIC previously had taken the position that it was im plicitly authorized to utilize this approach to pay non-depositor creditors what they would have received in a straight liquidation. By specifically codifying the pro rata concept, the FDIC’s ability to use the less costly P&A transaction is enhanced. One key development that will affect 1990 and the years ahead will be the transfer to DOL of the responsibility for the resolution of most failing banks. That responsibility, which includes con ducting asset reviews at failing banks and preparing for meetings with poten tial acquirers, has rested with the FDIC’s Division of Supervision (DOS). By bringing DOL specialists into the liquidation process much sooner than in the past, the Division is expected to have increased flexibility in fashioning new and innovative ways to sell assum ed assets. The change also will free up more DOS examiners for bank supervi sion duties. DOL also w ill work toward improving and expanding its loan sales programs as a way to further reduce costs. The Division plans to contract with outside vendors who would purchase good mortgage loans acquired by the FDIC and then sell interests in the loans to the public by securitizing them. DOL also wants to increase the sales of small loans, such as consumer loans. DOL plans to establish real estate offices staffed by FDIC marketing and sales specialists in locations near high concentrations of properties acquired from failed institutions. The offices will serve as a base of operations for prop erty sales. In addition, DOL is develop ing a telemarketing system designed to quickly and easily provide information to investors about properties for sale. Legal Division Assumes New Duties for Interpreting, Enforcing FIRREA This Division’s primary role is to provide the legal support necessary for the FDIC to fulfill its duties as regulator of depository institutions and insurer of deposits. With the tremendous expansion of the agency’s duties under FIRREA, the workload and responsibilities of the Legal Division expanded as well, especially for major “ clients,” including the Resolution Trust Corporation (RTC), the FDIC’s Divisions of Supervision and Liquidation, and the new Division of FSLIC Operations. W ith the transfer of the deposit insurance system for savings associa tions from the Federal Savings and Loan Insurance Corporation (FSLIC) to the FDIC, the Legal Division faced many new legal issues. Those included reconciling differences in bank and th rift deposit insurance rules and implementing receivership and conser vatorship powers. The transfer of pre-1989 savings association receiver ships from the FSLIC to the FDIC also increased the number of resolution and asset liquidation matters requiring action. Another addition to the Division’s workload is providing legal support for the administration of approximately 200 FSLIC assistance agreements that are obligations of the FSLIC Resolution Fund, which is managed by the FDIC. Also, the FDIC’s new authority to regulate certain activities of insured savings associations brought with it new supervisory matters to be resolved by the Legal Division. These included revised or expanded enforcement, receivership and conservatorship powers that required new interpreta tions and implementation. A fter the enactment of FIRREA in August 1989, the Division also was responsible for the major undertaking of providing legal services to the RTC. While the Legal Division’s overriding concern was interpreting, implementing and enforcing the many provisions of FIRREA — a focus that is likely to continue for years to come — it also did its part in helping the FDIC handle 206 insured bank failures in 1989. Indicative of the tremendous respon sibilities faced by the Legal Division in 1989 are the approximately 65,000 pend ing cases in litigation at year-end, more than four times the 15,168 pending cases at the end of 1988. Structural Changes The Legal Division’s responsibilities can be loosely divided into the follow ing four functions: (1) working with the Division of Supervision (DOS) to ensure that FDIC-insured institutions operate in a safe and sound manner; (2) pro viding legal advice and support when troubled FDIC-insured institutions are merged or liquidated; (3) resolving through mediation, settlement or Assistant general counsel Roger Hood (second from right) testifying at a congressional hearing on deposit insurance, with legislative af fairs director Beth Climo and senior attorney Claude Rollin. litigation disputes involving assets or liabilities of failed financial institutions, including claims against directors, of ficers, attorneys, accountants and bor rowers; and (4) supporting the FDIC on day-to-day operations, such as advising on personnel and labor law and proper ty leases and purchases. In response to FIRREA and the tremen dous increase in the agency’s litigation caseload, the Division increased its staff from 904 at the end of 1988 to 1,340 at the end of 1989. Its authorized strength for 1990 has been increased to 2,637 people, with about 80 percent of the new positions to be in regional and field offices. The Division’s increased duties also necessitated an internal reorganization. Under a plan approved by Chairman Seidman in August of 1989, the Divi sion’s former structure of three branches and nine sections was replaced with a new system of four branches and 14 sections, with responsibilities and ac complishments as explained below. The new structure regroups organiza tional units to parallel the Division’s new functions under FIRREA. The four branches are: The Supervision and Legislation Branch The three sections in this branch specialize in implementing and develop ing regulations and laws involving deposit insurance, bank and thrift supervision and other related issues; developing and supervising enforce ment policies; and drafting and negotiating FDIC-assisted acquisitions of problem institutions. The Financial Institutions Operations and Liquidation Branch This new branch is responsible for legal operations at the agency’s regional liquidation offices and field sites. Its five sections handle failed bank and th rift resolutions and asset liq uidations, legal services for the RTC, bankruptcy matters handled by the FDIC, advice on administering thrift assistance agreements transferred from the FSLIC, and advice on legal issues stemming from asset liquidations. • The Litigation Branch This branch is responsible for litigation matters handled from Washington rather than from the regional offices. Its three sections handle trial litigation involving open and closed institutions; appeals court cases from the state level to the U.S. Supreme Court; and investigations of, and civil damage recovery from, professionals who have breached duties to failed institutions. * The Operations Branch This branch has three sections respon sible for the Legal Division’s administra tive and personnel matters, the coor dination of the Division’s efforts to investigate and prosecute crimes and to mediate conflicts between institu tions, and advising on general cor porate issues, such as the FDIC’s corporate powers and personnel and labor law. Supervision and Legislation Branch During 1989, the Regulation and Legislation Section was actively involved assisting Congress in developing por tions of FIRREA. Once the law was enacted, the section was responsible for identifying the new responsibilities, procedures, regulations, reports and other obligations required of the FDIC or the RTC. In this regard, the section worked closely with DOS and other Divisions and Offices of the FDIC to assist in interpreting and responding to FIRREA. For example, FIRREA specifically re quired 17 mandatory rulemakings and authorized more than 20 others, virtual ly all of which were the Regulation and Legislation Section’s responsibility to draft and recommend to the Board of Directors for approval. This section developed and published 15 FIRREArelated proposed, interim or final regulations and two other regulations unrelated to FIRREA. The section also responded to hun dreds of requests from outside parties for legal opinions on the effects of FIRREA and the implementing regula tions. Inquiries about deposit insurance coverage in particular greatly increased as public perceptions about the instabi lity of the savings and loan industry created concern about the safety of deposits. FIRREA also required the FDIC to recon cile differences between the deposit insurance regulations that govern banks and savings associations. The section began working on this extensive project in 1989. Final rules were adopted by the FDIC’s Board on April 30, 1990. The revised insurance rules also codified certain long-standing staff interpreta tions. The rules are expected to lead to an increase in deposit insurance inquiries from depository institutions and the public. The section has increased its staff to accommodate those inquiries. FIRREA greatly enhanced the enforce ment powers at the FDIC’s disposal, in turn expanding the duties of the Compliance and Enforcement Section, which drafts policies and helps enforce compliance with consumer protection and depository institution laws. Of special interest are provisions of FIRREA that enable the FDIC to sus pend temporarily the deposit insurance of an institution operating with no tangible capital, to recoup some of the losses caused by the failure of an institution by assessing other commonly controlled institutions, to assert en forcement jurisdiction over individuals formerly employed by an insured depository institution and to impose dramatically tougher civil money penalties for violations of FDIC rules and orders. In addition, FIRREA expanded the FDIC’s powers to issue cease-anddesist orders, prohibit individuals from participating in an in stitutio n ’s affairs, and take enforcement actions against savings associations. Also new is a requirement that the FDIC publish and make available to the public any final order issued with respect to an administrative enforcement action. Although FIRREA is still a new law, the Compliance and Enforcement Section by year-end began using the new statute’s more streamlined procedures to initiate termination of deposit in surance at 13 institutions and to impose one temporary suspension of deposit insurance. The section also initiated proceedings under the cross guarantee provisions of FIRREA for the first time in one case. Other actions are being pursued under a combination of both FIRREA and the Federal Deposit Insurance Act. There were 207 enforcement actions initiated during the year, comparable to the 223 from 1988. A cease-and-desist order, which is used to halt and correct un safe or unsound banking practices, is the most common administrative en forcement tool used by the FDIC. The Assisted A cquisitions and Transac tions Section within the branch was busy during 1989 finishing the details of previously consummated assistance deals and stock sales, in addition to playing a key role in several new assistance transactions, such as those for Texas American Bancshares (TAB), Fort Worth, and MCorp of Dallas. m pliance and Ertfoi Actions Initii ■ •'-----> Section 8{a; latiqn of ’rimary Ri ; Issued** Notices 'emporai Notices ol Orders I Orders Issued Without Notice ' Section ^ g) •(Temporary Orders)* ection 8(e) (Removal/Prohil Director or Officer) Notices Issued Orders Issued With Ndtio : Orders Is: Sectiori 8( Section 8(g) ( of Director or Notices I: Permanei Section 8(p), Insurance/Ni Orders I: ction 8(q) (Te: ;urance/Depo! Orders li The section negotiated with NCNB Texas National Bank, Dallas, and First City Bancorporation of Texas, Houston, for the banks’ repurchase of stock the FDIC bought under the terms of 1988 assistance agreements. The section also participated in several public and private sales of stock of Continental Bank Corporation, Chicago, held by the FDIC as part of a 1984 assistance agreement. In the case of TAB, which was declared insolvent in July of 1989, the section worked closely with the Legal Divi sion’s Financial Institutions Operations and Liquidation Branch, the Division of Supervision and other parts of the FDIC to establish a bridge bank. Later, the section assisted in the bridge bank’s merger with a healthy institu tion, the Deposit Guaranty Bank of Dallas. The FDIC provided financial assistance of approximately $900 million. As for MCorp, when the Comptroller of the Currency closed 20 of its sub sidiary banks in March 1989, the FDIC transferred almost all their assets and liabilities to a bridge bank and signed an agreement in principle to sell the bridge bank to Ohio-based Banc One Corporation. In January 1990, a final agreement was reached whereby Banc One would buy approximately $34 million of the resulting in stitutio n ’s voting common stock and the FDIC would purchase approximately $416 million of nonvoting common stock, which is to be redeemed by Banc One within a five-year period. Troubled and nonperforming assets would continue to be held by the bridge bank, but ser viced by a subsidiary of Banc One. Total assistance from the FDIC is ex pected to be approximately $2.7 billion. Civil Money f Capital Notici * Not counted as separate proceedings and therefore not included in total actions initiated f Pre-FIRREA document name is NOTICE OF HEARING. post-FIRREA document name is NOTICE Off INTENT , _ .* New enforcement power granted by FIRREA in 1989; therefore data for previous years do not exist. The fact that FIRREA increased the FDIC’s power to provide financial assistance to unstable institutions — 35 the section issued interpretations of these new provisions and began defend ing legal challenges to their use. Cease-and-Desist Orders, 1987-1989 Cease-and-desist orders outstanding at beginning of year — ti Section 8(b) Section 8(c)1 Cease-and:desist. orders issued during year — total .Section 8(b) ■ Section 8(c) Cease-and-desis term inated— tota •' Section 8(c) Gease-and-desis in force at end of ■^ediqr>-8{c) savings associations as well as banks — means expanded responsibilities for the Assisted A cquisitions and Transac tions Section. To meet these demands, this section has more than doubled its legal staff. Financial Institutions Operations and Liquidation Branch W ithin this branch is the Operations and Liquidations Section, which during the year worked on the 206 failed bank transactions and the establishment of three bridge banks. The section also played a major role in drafting provi sions of FIRREA that deal with the establishment of bridge banks. Other aspects of this section’s work included the legal administration of FSLIC receiverships that were created before January 1, 1989. Since FIRREA provides revised and expanded statu tory authority and direction for conduct ing depository institution receiverships, A new Operations and Liquidations (RTC) Section was created to provide legal services for the RTC’s resolution and asset liquidation functions. The section also serves as the liaison be tween the RTC and the FDIC’s Legal Division. Typically, Washington personnel concentrate on general policy and pro cedures, as well as large or sensitive cases or resolutions. The regional and field offices provide legal support for the RTC’s regional operations. As of the end of the year, the section supervised more than 280 conservator ships and receiverships, and over 40,000 lawsuits. At least 200 more conservatorships are expected to be added to this workload in the future. In another developm ent during the year, the FDIC began bringing an increasing num ber of claim s against bankrupt individuals and entities. As of the end of 1989, the new Bankruptcy Section w ith in this branch was over seeing or m onitoring the pursuit of FDIC claim s in more than 7,800 bank ruptcy cases arising out of failed banks, up from 4,850 in 1988. The FDIC generally is the largest cre d itor in these bankruptcy pro ceedings, and it plays a critica l role in the cases. Eighty-seven percent of these bankruptcy claim s were handled entirely by FDIC attorneys, w ith the remaining cases going to outside counsel. Nearly half o f these claim s are fo r more than $100,000. W ith the enactm ent o f FIRREA, the FDIC also assumed an additional 4,500 savings association-related bankruptcy cases, a num ber that is expected to increase during 1990. There were approximately 200 savings association assistance agreements transferred to the FDIC from the FSLIC under FIRREA, some of which will re main in force for as long as ten years. The new Thrift Agreement Adm inistra tion and Oversight Section was created during 1989 to handle matters such as interpreting provisions of these assist ance agreements, resolving disputes with assisted associations and over seeing lawsuits by or against these thrifts where the government has a financial interest because of indem nification provisions of the assistance agreements. The section also tends to general legal policy concerns relating to the agreements, such as clarifying FIRREA’s impact on the activities of assisted savings associations and work ing with the O ffice of Thrift Supervision (OTS) and the Comptroller of the Cur rency to develop policies for regulating assisted savings associations. Because the Legal Division is facing diverse new issues as a result of FIRREA, a Special Projects Section was created to develop uniform inter pretations of issues relating to certain resolution and asset liquidation func tions. The section helped coordinate the FDIC’s legal policy on tax issues, pension plans, the environment, securi ties, bulk sales and service corporations. The Special Projects Section also manages the Division’s computerized Case Management System, which main tains data on thousands of pending FDIC and RTC lawsuits related to asset liquidation functions and tracks the use of outside counsel and their fee bills. Litigation Branch The Trial Litigation Section within this branch expanded to include cases in volving closed savings associations, along with its traditional role in open and closed bank litigation. In general, the section handles litigation that in cludes certain challenges to bank and thrift closings, FDIC assistance transac tions, FDIC regulations, suits against of ficials and employees of the FDIC and other major matters. Although the sec tion transferred most of its appellate matters to the new Appellate Litigation Section, it will continue to defend the administrative enforcement decisions of the FDIC’s Board of Directors in the U.S. Courts of Appeals. In the area of regulatory and enforce ment matters, the FDIC Board of Direc tors issued 13 final administrative enforcement decisions in 1989, five of which were appealed to the United States Courts of Appeals. The appellate courts issued four decisions in these cases in 1989 and two other appeals were pending at the end of the year. One decision issued by the Fifth Circuit Court of Appeals in New Orleans, Arnold v. FDIC, was quite significant. On July 28,1989, the court affirmed the assessment of a $1,225,000 civil money penalty against Kenneth O. Arnold, a former president of American Bank of Coushatta, Louisiana. The charges were for multiple violations of rules that limit “ insider” loans by a bank to executive officers, directors and principal share holders and limit loans by a bank to affiliated entities. This case represents one of the largest single civil monetary assessments ever imposed on an in dividual by a bank regulatory agency. FIRREA and its tough new capital stan dards produced a number of lawsuits against the FDIC and the OTS, challeng ing both the law and its application. Separate suits were filed by Long Island Savings Bank of Syosset, New York; Northeast Savings Bank of Hartford, Connecticut; CenTrust Bank of Miami, Florida; and El Paso Savings and Loan Association of El Paso, Texas. Each in stitution claimed it has a contract with the former Federal Home Loan Bank Board or the FSLIC in connection with the assisted acquisition of a troubled th rift prior to the enactment of FIRREA and that the contract permits it to count “ goodw ill” toward minimum capital requirements under standards more liberal than permitted in FIRREA. In early 1990, the FDIC and the OTS filed m otions to dismiss the complaints. The issue of eliminating goodwill has generated considerable protest from savings association officials. The FDIC also has been named a defendant in both its corporate and receivership capacities in major litiga tion by holding companies arising out of the failures of subsidiary banks of First RepublicBank Corporation, TAB and MCorp. The First Republic litigation is a com plex suit by creditors of the bankrupt holding company who are attempting to avoid First Republic’s obligation to repay a $1 billion loan by the FDIC in 1988 as part of the temporary assistance package. The creditors also asserted that the stock pledges and guarantees by the holding company for the loan exceeded the FDIC’s statutory authority and constituted fraudulent conveyances. The creditors also asserted that the sub sidiary banks were closed improperly. The TAB and MCorp cases focus on allegations that the subsidiary banks were closed improperly and that forced recognition of losses on interbank “ federal funds” loans was improper. In the TAB case, the FDIC received an adverse ruling on June 25, 1990, and is appealing the decision. In the MCorp case, the FDIC asked the court to reject the challenge and is awaiting a ruling. The Appellate Litigation Section is defending in appeals courts many cases concerning the FDIC’s use of aspects of FIRREA that provide special protections to conservatorships and receiverships. During 1989, the section won significant decisions in the following cases: • Downriver Community Federal Credit Union v. Penn Square Bank The Tenth Circuit Court of Appeals in Denver upheld the FDIC’s position that federal law requires assets in a receiver ship to be distributed equally among all general creditors. The court rejected the credit union’s claim that fraud which occurred before the institution went into receivership entitled it to a greater share than the other creditors. • FDIC v. Hartford Insurance Company The Seventh Circuit Court of Appeals in Chicago decided that, under the National Bank Act, tort claims against the FDIC as receiver for a national bank must be brought in the judicial district in which the main office of the closed institution is located. The court declined to accept the defendant’s argument that provi sions of the Federal Tort Claims Act established a contrary venue, although the court agreed that the tort claims law applied to the FDIC as receiver. • FDIC v. Texarkana National Bank The Fifth Circuit Court of Appeals in Dallas agreed with an FDIC motion to remove certain language from the court’s original opinion. This language implied that all receivership creditors — even non-depositors — were entitled to full payment of their claims in a pur chase and assumption transaction, and that FDIC funds would be used to make the payments if the failed bank’s assets were insufficient. The FDIC contended that the original language would have resulted in a windfall to creditors at public expense. Chairman and Chief Executive Officer of Vernon Savings and Loan Association of Dallas, Texas, to 30 years in jail in a fraud case arising out of the S&L’s 1987 failure. Negligence or w illful misconduct on the part of directors, officers and other professionals has contributed to numer ous bank and savings association failures. As a result, the Professional Liabilities Section of the Litigation Branch helps the Division of Liquidation and the RTC investigate each depository institution failure to determine whether the FDIC should bring civil claims for monetary damages against certain individuals and then supervises the litigation of claims made. The Professional Liabilities Section also began handling claims arising from the RTC and pre-1989 conservatorships and receiverships of the FSLIC. In general, the FDIC’s litigation workload in cases involving professional liabilities tripled to encompass ongoing cases and investi gations involving 1,250 failed banks and savings associations. The section recovered a total of $100 million in claims against failed banks and thrifts during the year, a 56 percent increase over the $64 million recorded in 1988. Various courts across the country during 1989 awarded more than $60 m illion in restitution payments to the FDIC and the FSLIC from former officers, direc tors or borrowers at closed banks and thrifts who were convicted of embezzle ment or other forms of bank fraud. In addition, the new section has deve loped local working groups around the country to provide assistance to the Justice Department's expanded fraud prosecution efforts under FIRREA. The section also has trained field attorneys as well as FDIC and RTC investigators in techniques needed to detect and prevent fraud at institutions. 39 A second major aspect of the new se ction’s operations is to assist regional attorneys to resolve, out of court, major commercial disputes in volving government entities. Examples are cases in which various conser vatorships or receiverships have legal claim s against each other as a result Operations Branch The new Conflicts and Criminal Restitu tion Section within the Operations Branch is adding another dimension to the FDIC’s efforts to combat financial crime and resolve disputes through litigation and negotiation. Formed in October 1989, the section has received nationwide attention for its success in obtaining restitution orders and in sup porting government efforts to impose lengthy prison sentences. Examples include the sentencing of Jay and Leif Soderling, former directors of Golden Pacific Savings and Loan Associ ation, Santa Rosa, California, to six and one-half years in prison and $6.7 million in restitution for bank fraud, and the sentencing of Woody F. Lemons, former Legal Division counsel Pamela LeCren was one of 20 FDIC o fficia ls at a hotline at USA Today news office s on June 5,1990, to answer consum ers’ questions about deposit insurance. • Part 303.14, on FDIC approval of bank officers and directors at state non member banks; of transactions before they became insolvent. Alternative dispute resolution is very often cheaper and faster than the protracted litigation sometimes necessary to resolve these disputes. • Part 312, setting entrance and exit fees payable upon an institution’s conversion from the Savings Association Insurance Fund (SAIF) to the Bank Insurance Fund (BIF), or vice versa; and In internal matters, the Corporate Affairs Section handled 77 personnel and labor cases for the FDIC during the year, compared to 65 in 1988. It was also significantly involved in the transfer of many employees of the former Federal Home Loan Bank Board and FSLIC to the FDIC. • Part 337.6, on the use of brokered deposits by troubled institutions. The Legal Division’s substantial growth during the year put special demands on the Administration Section in the areas of human resource development, facilities management and other administrative functions. Among its projects during 1989 was the start of a program to give all Legal Division attorneys and support staff access to a single computer network. Outlook FIRREA will continue to impact on the Legal Division in 1990 and beyond. The Regulation and Legislation Section in particular expects a substantial increase in its workload throughout 1990. The section must develop final regulations for proposals initiated in 1989, many stemming from FIRREA. The section also will continue to address the many interpretive questions that have arisen under various provisions of FIRREA. In addition, several regulations adopted in 1989 as interim rules must be reviewed and issued in final form during 1990. Examples include: • Part 303.13 of the FDIC’s regulations, which governs permissible activities of state-chartered savings associations; The Compliance and Enforcement Sec tion plans to adopt a new policy memo randum applying provisions of FIRREA that prohibit individuals convicted of cer tain crimes from participating in the af fairs of insured institutions. The section also is preparing a letter of understand ing with the OTS that will implement certain aspects of the FDIC’s new back up enforcement authority over savings associations under FIRREA. The Thrift Agreement Administration and Oversight Section plans to transfer many of its litigation oversight activities to offices in Dallas and San Francisco. This transfer will increase efficiency, reduce outside counsel costs and decrease response time by putting at torneys closer to the sites where they are needed while allowing the head quarters staff to concentrate on inter pretations of assistance agreements and more general legal policy matters. The Legal Division in 1990 plans to put increased emphasis on hiring and train ing sufficient staff to cope with its in creased work demands, enhance systems and controls for overseeing outside counsel and improve its com puterized case tracking system. Such initiatives will enable the Division to better service its clients and add to FDIC and RTC asset recoveries. • Overseeing the acquisition and manage ment of additional office buildings and storage needed by the expanding FDIC and the new RTC. Division of Accounting and Corporate Services Facing a New Era of Financial Management under FIRREA The thrift industry crisis and FIRREA put exceptional demands on the FDIC for new financial services, boosts in auto mation and expanded efforts that in clude the handling of deposit insurance premiums from savings associations as well as banks. Those reponsibilities fall largely to the Division of Accounting and Corporate Services (DACS). Highlights of 1989 for DACS include the following: • Accounting and reporting for the Sav ings Association Insurance Fund (SAIF), the FSLIC Resolution Fund (FRF) and the Resolution Trust Corporation (RTC). This is in addition to traditional duties for the Bank Insurance Fund (BIF). • Enabling agency computers to access and store key financial data and other information about savings associations in addition to what had been maintained for banks. • Providing the RTC with the technical support needed to track financial infor mation nationwide. if^i mm » '1 1 * 'i ■■ ( h a P< « 1 ! i ii II i i H i ii ii 1 1 ii i i ;■ *■ 1 1 ii ii " II II " ■ Jl I?! i^i i ii I! II IE 55 i ’• i£ il Construction began in 1989 on the Virginia Square complex in Arlington, Virginia, which will be used for FDIC offices, classrooms and a residential center for personnel attending sessions. • Helping the FDIC and the RTC monitor the growing number of active and inac tive lawsuits involving these agencies. • Taking steps to shorten the processing time of payments due from the FDIC by giving regional offices more authority to approve spending. To meet the new re sp on sib ilitie s under FIRREA w ith o ut neglecting its tra di tional m ission, DACS undertook a m ajor reorganization, stream lining itse lf along functional lines. As a result, DACS now consists of four branches: Financial Reporting, Financial Services, Management Inform ation Services and Corporate Services. Financial Reporting Branch The Financial Reporting Branch (FRB) handles two overall responsibilities. One, “ accounting services,” focuses on finan cial and managerial reporting, account ing and tax policy, financial analysis, fiscal control, general ledger systems maintenance and resource management. The second, “ accounting operations,” is in charge of Washington and field office accounting activities. This work expanded significantly with the insurance funds and agencies created by FIRREA. As a result of FIRREA, basic financial reporting processes underwent dramatic changes to accommodate the new in surance fund, the FRF and the RTC. This included the expanded preparation of periodic reports to the Treasury Depart ment and the White House Office of Management and Budget (OMB), monthly internal analyses and year-end financial statements. to help ensure that operations comply with FDIC accounting and control prac tices and that financial reports are developed within an environment of appropriate internal controls. The FDIC’s general ledger is the central system for aggregating and reporting the financial condition of insurance fund activities nationwide. Major m odifi cations were made in 1989 to establish multi-fund processing capabilities. Scores of reports and programs were changed, reviewed and tested to ensure the accuracy and reliability of the finan cial data generated. John W ashington of the Management Information Services Branch briefs visitors from Taiwan studying deposit insurance. A major effort was devoted to develop ing financial statements for SAIF, FRF and the RTC in terms of balance sheets, income statements and statements of cash flows. New financial schedules were developed to support these statements. The entire program required extensive coordination within the FDIC and the RTC to ensure that new report ing procedures complied with various laws and regulations. Detailed analyses of FIRREA’s many accounting and tax policy changes were conducted to guide the financial reporting, accounting and systems development efforts of the branch. New financial statement formats and footnotes were developed for each fund — an activity that required assessments of statutory requirements and legislative intent, applications of generally accepted accounting principles and consideration of past FSLIC operations. In addition, a new system to improve tax reporting to the IRS was implemented. To better maintain a solid internal con trol structure within the FDIC’s vastly expanded accounting operations, FRB took on new and growing duties for fiscal control. The aim of this effort is Extensive efforts also were devoted to improving existing processes to accom modate the vast increases in workload. FRB began developing improved methods to bring higher investment yields on funds obtained through receiverships. Also, a new system was developed to better distribute FDIC overhead costs from liquidations to the institutions receiving the benefits of those costs. In terms of accounting activity, an exten sive evaluation of existing operations was undertaken in light of FIRREA that resulted in a reorganization of the branch’s resources and methods. Ac counting activity was structured accord ing to the three insurance funds and the RTC. New procedures for account reconciliation and transaction review were implemented to ensure accuracy and quality control. The continued large number of failed banks handled during the year and other activities resulted in the posting of 2.9 million financial accounting trans actions to the accounting records, about the same as in 1988. During the course of 1989, FRB personnel processed accounting data related to institutions in receivership from 28 locations nation wide. These locations included 19 for the Bank Insurance Fund, four for the Financial Services Branch FSLIC Resolution Fund and five for the Resolution Trust Corporation. Through enhanced systems and accounting practices, these locations have increas ed productivity at a time when the number of institutions in receivership has increased. The number of active financial institutions in receivership as of December 31, 1989, totaled 1,076, up from 848 as of December 31, 1988. Included in the 1989 processing efforts are 276 savings associations for which the RTC was appointed conservator as of year-end. During 1989, the branch began using a new system to facilitate the processing and reconciling of insurance claim checks generated during a payoff of depositors of a failed institution. A complete billing system also was developed to support the conservator ships and reimbursement to the RTC. To accommodate the accounting re quirements associated with setting up a receivership from a closed institution, FRB developed procedures, manuals and training courses to provide standardized instruction on closing the accounting records of an old institution and establishing the accounting balances on the receivership’s books. The branch also conducted an extensive review of accounting processes used in the savings and loan industry. Based on that review and indications of needs for improvement in existing accounting pro cedures, the branch instituted changes for use by institutions in receivership. The addition of the funds created by FIRREA and the associated accounting functions required a number of personnel changes. Positions were created, existing positions were redefined and members of the Federal Savings and Loan Insurance Corporation’s accounting staff were in tegrated into the FDIC’s operations. The Financial Services Branch (FSB) is responsible for the Division’s financial accounting and asset management ser vices and operations. This includes managing, coordinating and directing support activities for the FDIC’s Finan cial Information System (FIS) and the Liquidation Asset Management Informa tion System (LAMIS). The Financial Information System is an umbrella term for the accounting system and various financial subsystems used by FDIC accountants and financial per sonnel to generate the official financial reports of the agency. During 1989, changes were made to the systems to accommodate the substantial require ments of FIRREA. Other enhancements made during 1989 included an increased access to loan loss reserves for FDIC field locations. The enhancements resulted in increased capabilities in financial processing and reporting, which achieved greater opera tional efficiencies and easier availability of financial information. LAMIS is the FDIC’s largest computer system and provides the capability for tracking and servicing the assets of failed financial institutions. Major enhancements made during the year include the conversion of the Estimated Cash Recovery System from a micro computer application to the mainframe. As a result of the conversion, this system used by the FDIC to project recoveries on acquired loans and other assets will have greater flexibility, more storage and faster response time. Also, LAMIS in 1989 added special capabilities and data for processing real estate prop erties acquired, which in turn provides additional information to field staff working these assets. In addition to the system responsibilities of FSB, the branch determines and col lects insurance premiums. To insure deposits, the FDIC assesses an annual fee on all insured financial institutions. With the passage of FIRREA, the assess ments function of FSB grew dramatically. The increased responsibility involved in collecting assessments from savings associations formerly insured by the FSLIC resulted in a one-third increase in the FDIC’s assessments staff by the end of 1989. In addition, the branch will oversee the FDIC’s implementation of increased assessment rates for deposit insurancethat were authorized by FIRREA. The branch performs audits of the assessment premiums paid by the largest banks in order to determine if they are in compliance with current regulations. During 1989, the number of audits performed increased to properly administer the enlarged responsibilities for assessments. Uniformity of approach among financial institutions has been stressed, and the assessment rules that apply to banks also are being applied to savings associations. FSB also is responsible for travel reim bursement policy and payments to employees, as well as for the accounts payable function. Growth in travel ex penses and accounts payable vouchers processed agency-wide resulted in a 40 percent increase in workload before the end of 1989. In addition, the pro cessing of wire transfers used to send funds to failed and assisted institutions doubled during the year. To meet this existing burden and to prepare for even further increases in workload, a number of programs were instituted. Transferring more authority for spending to the regional level will shorten the processing time for many transactions and reduce the demand for services at Washington headquarters. A new automated reimbursement system is being developed to support the in creased amount of travel being done for the FDIC. To enhance internal controls, an internal tracking system that better monitors the payment process was established in 1989. Steps also were taken to better ensure that FDIC com pliance with laws guaranteeing prompt payment of invoices was not com promised by the enormous growth in the number of financial transactions handled. Management Information Services Branch The role of computers in helping the FDIC meet a growing demand for infor mation continued to expand in 1989. The number of jobs handled through the FDIC’s central computer, such as processing Reports of Condition and Income (Call Reports), increased 30 percent from year-end 1988. Also, the number of individual on-line transactions jumped 56 percent. The FDIC’s high speed central computer, which was in stalled at the end of 1988, enabled the Management Information Services Branch (MISB) to produce more information in less time despite the increased workload. Indicative of this, computer time used actually decreased seven percent. The year 1989 ushered in an increased use of data communication lines that connect FDIC computers throughout the country in the same way telephone lines link callers. Dependence on these lines grew with the expanded use of microcomputers and the establishment of additional “ local area networks” at the FDIC and the RTC. Local area networks enable microcom puter users to communicate with the FDIC central computer and other micro computers. Network users can transmit documents electronically, share data and use a greater number of software applications. Just as individual micro computers are now linked by local net works, the FDIC eventually will be con nected by a “ wide area network,” further expanding the communication range of the microcomputer user. MISB also created new programs to support the FDIC’s Growth Monitoring System, which enables analysts, primarily staff from the Division of Supervision, to identify banks that exceed selected growth thresholds. The branch also enhanced other systems to accom modate the need for information on savings and loan associations. FIRREA directly affected decisions about the enhancement and maintenance of computer systems in 1989. For example, the Bank Information Tracking System (BITS), which serves as a single source for information on bank performance and management, in 1989 began accepting data from Office of Thrift Supervision examinations in order to help the FDIC track problem savings associations. Similarly, the FDIC’s Case Management System, which tracks active, inactive or closed court cases, added 12,000 S&L cases in 1989. That brought the total number of cases on the system to ap proximately 100,000, up from about 75,000 at the end of 1988. MISB also developed systems in sup port of the RTC for purposes that in clude providing profiles of the financial condition of individual savings associa tions, logging correspondence to and from Congress, and maintaining mailing lists for RTC publications. A major effort was launched to improve the branch’s ability to reduce develop ment costs while increasing the quality of products and services — goals that will continue in the coming year. Quality assurance testing procedures were developed for changes to the central computer operating environment to en sure stability and enhance operations. FDIC policy states that information col lected and generated in conducting its business, such as data about financial institutions and customer assets, must be treated and protected as highly sen sitive. In 1989, additional security measures and controls were established to augment that policy, including the appointment of security contact person nel throughout the FDIC and the development of new forms of documen tation and training. Critical bank surveillance information was processed by MISB in 1989 for the use of other government regulatory agencies and the banking community. This information was gathered from about 70,000 original and amended quarterly Call Reports filed with the FDIC by about 13,000 insured banks, ap proximately the same number that filed in 1988. The branch also supported the Division of Research and Statistics’ pro duction of the Quarterly Banking Profile, the earliest official release of performance data about the banking industry. The FDIC again provided training and assistance to bank personnel submitting Call Reports and other types of financial information about bank performance. The FDIC’s toll-free telephone “ hotline” for Call Report information and assistance continued to be a popular feature for national banks and FDICsupervised institutions. That hotline can be reached at 1-800-424-5101 or, in the Washington, D.C. area, at 202-898-6607. It is in operation Monday through Friday, 8 am . to 5 p.m. EST. decals and brochures that are distributed to financial institutions and the general public. Several moves were made to enhance the FDIC’s telephone system while con trolling costs. The agency replaced the various companies previously used for telephone service with a single long distance carrier that is providing ex panded services at a lower rate. To en sure uninterrupted service, back-up service was arranged with another com pany. The FDIC telephone system was further enhanced in 1989 by the addi tion of an automated telephone answer ing service for senior employees. Corporate Services Branch W ith the assumption of the FSLIC and the establishment of the RTC, the pace of activity for the Corporate Services Branch (CSB) increased dramatically in 1989, particularly in the acquisition and management of buildings. As the number of employees grew in Washington and the regional offices, so did the demand for work space. The FDIC nearly doubled the amount of space it leases in the Washington, D.C., area and in the regions to accommodate the growing number of employees. The FDIC also provided extensive assistance to the RTC in identifying facilities, negotiating leases and prepar ing and furnishing space for the network of RTC regional and consolidated field offices that opened in 1989. The FDIC not only acquired extensive assets from failed institutions, but with those assets also came literally tons of vital records. CSB developed new records retention and disposition pro grams to handle these documents. The need for storage space also increased in 1989. A new warehouse in Landover, Maryland, was acquired to store sup plies, equipment, forms, publications, manuals and other materials, such as Also in terms of records management, the FDIC library in recent years has established and expanded facilities in the regional and consolidated offices. Responding to an even greater need for specialized information in 1989, the library obtained several major data bases, including Prentice-Hall On-Line and TRW, Inc. These data bases pro vide up-to-date credit information, which is used by FDIC liquidation specialists, examiners and Legal Divi sion personnel. Also, in response to the growing needs of the FDIC under FIRREA, the library expanded its collec tions to include more information on asset marketing, real estate, the hous ing industry and local and regional economic conditions. As the need for more equipment and professional sen/ices for the FDIC and the RTC grew, CSB worked with various private firm s to add the help needed. A major contracting effort in volved negotiating contracts for the procurement and installation of automa tion and communication equipment for the RTC. This included a national net work of personal computers, local area networks and telephone systems. As a result of FIRREA, the demands on design and printing services more than doubled. CSB continued the printing and distribution of FDIC material, such as the Call Report forms and the Quarterly Banking Profile. It also pre pared visual material and graphics for an unprecedented number of press conferences and other public appear ances by FDIC officials in 1989. For the RTC, the branch printed hun dreds of press releases as well as thousands of copies of the first RTC Asset Inventory. The latter con sisted of nearly 3,000 pages about 30,000 single family homes, commercial properties and other assets available for sale. officers’ liability and other subjects. The FDIC library in Washington has what may be the best collection of books and other research material in the United States on the subject of deposit insurance. The library also is continuing to add highly-specialized, on-line data bases that FDIC and RTC employees across the nation can use for such purposes as tracking individual and corporate debtors. Outlook Because of the major role the Division plays in providing services nationwide, it is increasingly important that opera tional systems and processes be placed close to the user. To an ever-increasing degree, that means providing greater access to services in the field. A major goal of the Division is the con tinued decentralization of operations, such as the processing and payment of invoices and travel vouchers that are currently handled entirely in Washington. Consistent with this, an upgrade of the Financial Information System software during 1990 will provide more flexibility for the user. DACS also expects to have a role in the expanding use of computer systems by the RTC, which is responsible for hun dreds of billions of dollars in assets. Projects being studied include new ways to provide information to the public on assets assumed by the FDIC and the RTC. One possibility is the establishment of regional reading rooms. MISB also is initiating long-range plans to upgrade or redesign the existing Case Management System in order to better handle the increasing number of FDIC and RTC lawsuits. In the coming year, the FDIC’s library is likely to be increasingly involved in assisting the agency’s staff with congressionally mandated studies of deposit insurance reform, directors’ and DACS also plans more Call Report preparation seminars for bankers. The program will emphasize the significant changes to the Call Reports imple mented in March 1990. By October 1990, the Financial Report ing Branch expects to complete its enhancement of the automated Finan cial Information System to better m onitor and report assistance agree ment transactions entered into by the FDIC for resolving financially troubled institutions. When completed, the pro cess will incorporate budgetary, fore casting, accounting and reporting func tions for existing BIF and FRF assis tance agreements as well as future agreements, including those entered into by the RTC. Among other computer systems planned for 1990 is one from MISB to track the assets of savings associations in con servatorship. The new Virginia Square building com plex in Arlington, Virginia, which will feature 300,000 square feet of space for offices, the FDIC Computer Center, a training center and an 11-story residen tial building for personnel attending FDIC training classes, should be ready for tenants by mid-1991. Its completion w ill ease some of the FDIC’s pressing needs for additional space. The ground breaking took place in February 1989 and construction began in May. Division of Research and Statistics Providing the Facts and Figures that Help Shape FDIC Policymaking With the FDIC spending much of 1989 anticipating and responding to crises in the banking and thrift industries, it was essential for the agency’s top policymakers to have access to in-depth analyses of the issues. For much of that, they turned to the Division of Research and Statistics (DRS). assignment in February to coordinate interagency oversight of insolvent savings associations. This was done initially through the formation of a DRS-led “ planning group” created by Chairman Seidman to develop FDIC policies for resolving troubled thrifts. As part of its work, the planning group met with finan cial industry representatives, explored the feasibility of various cost reduction strategies and designed business plans for individual conservatorships. Once the RTC was established in August, DRS further assisted in its development by detailing several key staff members there. Ongoing Activities During the months of debate over the appropriate reaction to the thrift industry crisis, DRS helped shape and focus the FDIC’s response. The Division analyzed appropriate funding levels to resolve thrift failures, “working capital” requirements for the Resolution Trust Corporation (RTC), changes in insurance assessments paid by insured banks and thrifts, entrance and exit fees to be charged by the insurance funds and capital standards for both thrifts and banks. DRS also analyzed the impact of the FDIC’s new risk-based capital standards for commercial and mutual savings banks during 1989. 48 Geoffrey L. W a d e DRS participated in the FDIC’s early efforts to carry out President Bush’s Quarterly press conferences to release bank performance data gathered by the Division of Research and Statistics attract much attention from the news media. Aside from taking on new duties related to the thrift situation, DRS continued in its traditional research activities for the purpose of assisting the FDIC Board and staff in regulating banks and insuring deposits. One such DRS activity is the prepara tion of a quarterly summary of national economic trends for use by FDIC officials. The summary is designed to provide a concise review of 24 indicators of business and financial activity and their possible effects on depository institutions and the insurance funds. The DRS staff’s analysis of the banking industry in particular is reported in the Quarterly Banking Profile, an FDIC publi cation that contains aggregate data for the condition and income of FDIC-insured commercial banks. This publication, initi ated in 1987, presents key performance measurements as well as a discussion and graphics that highlight significant developments and trends. Generally pub lished about two months after quarterly financial information is received from the banks, the Quarterly Banking Profile is the earliest official source of industry wide banking data. Statistics and analyses from DRS play a crucial role in FDIC efforts to inform bankers and the general public about key developments facing the industry. DRS staff members work with the O ffice of Corporate Communications on a daily basis to help respond to media inquiries about industry trends and conditions. Press conferences to release the findings published in the Quarterly Banking Profile are well-attended and widely reported. Another example of DRS analyses that received much attention in the media was a collection of indicators of risks in 40 major real estate markets. The analysis was based on indicators such as new office space created, vacancy rates and regional employment growth. These indicators called attention to potential risks in the real estate market in various areas of the country. In releasing the analysis on April 17, 1990, Chairman Seidman said it should serve as a reminder to institutions about the need for prudent lending standards. Under the leadership of Chairman Seidman, DRS staff also helped for mulate a plan for an international debt insurance program. The concept, unveiled by the Chairman in August 1989 before the Bretton Woods Committee, is an attempt to deal with the large debts that “ lesser developed countries” (LDCs) owe to U.S. and other commercial banks. The FDIC’s suggestion was to establish a new facility, owned by U.S. and other banks, the World Bank, the International Monetary Fund and individual govern ments, that would insure portions of bank debt to LDCs. The plan would ease LDC debt sen/ice burdens and financing constraints while stabilizing the values of bank exposures. In 1989, DRS staff also updated a data base for use in a continuing analysis of the cost of resolving bank failures. The analysis focuses on comparing the costs of failures at large banks versus small banks, regional differences in resolu tion costs and policy implications of the FDIC’s methods of resolving failed institutions. DRS also played a role in the FDIC’s deliberations over resolving two large bank failures in Texas in 1989 — MCorp in Dallas and Texas American Bancshares in Fort Worth — and efforts that continued into 1990 to sell problem banks owned by National Bancshares Corporation, San Antonio. DRS provided support to the Division of Supervision in designing, negotiating and evaluating the resolution transac tions. This involved participating in meetings with potential buyers and other regulatory agencies, as well as working closely with investment bank ing firm s hired by the FDIC to develop a methodology for projecting the costs of proposed transactions. The increased attention paid to deposit insurance reform issues during 1989 led DRS to conduct several studies of the issue, three of which were published in the 1989 edition of the FDIC Banking Review. Those studies examined the impact of deposit insurance on the economy, addressed various proposals to change the $100,000 deposit insur ance limit, and discussed the uses of “ forbearance,” or restraint, in dealing with institutions that fail to meet established criteria for safe and sound operation. Outlook In 1990, DRS staff is undertaking several studies mandated by FIRREA either separately or in concert with other FDIC Divisions. They include: are members of the Bank Insurance Fund pay the same rate and share pro portionately in any premium rebates. “Pass-through” Insurance DRS participated with other FDIC Divi sions in completing in February 1990 a report on issues relating to “ pass through” insurance. This term refers to situations where insurance coverage of large deposit accounts maintained by pension funds and other fiduciaries “ passes through” to each beneficiary so that an individual’s interest in the account would be insured by the FDIC up to $100,000. The FDIC has been pro viding pass-through insurance coverage for deposits of most trusteed employee benefit plans for several decades. The report analyzes various suggestions to deny or expand pass-through insurance. Risk-based Deposit Insurance At issue is whether the FDIC should be able to charge a higher premium to institutions that pose greater risks to the insurance fund. Under the current system, for example, all institutions that * Directors’ and Officers’ Insurance DRS will conduct a study of the avail ability and affordability of directors’ and officers’ liability insurance from the private sector. In addition, DRS assisted in planning an international conference on deposit insurance and problem bank resolution policies that the FDIC was scheduled to host on September 26, 1990, at the time of the World Bank and Interna tional Monetary Fund meetings in Washington. This conference grew out of a desire by Chairman Seidman to discuss multilateral approaches to the dilemma confronting bank regulators about whether certain large institutions should be considered “ too big to fail.” Audit Work Accomplished Division of FSLIC Operations Settling Obligations of Form er Fund On August 9, 1989, upon the signing of FIRREA, the Division of FSLIC Operations (DFO) was established to administer 219 thrift assistance agreements entered into by the former Federal Home Loan Bank Board (FHLBB). These transactions in volved covered assets estimated at $53.4 billion from failed thrifts. By year-end 1989, DFO continued to administer 202 of these assistance agreements, with estimated covered assets of $35.9 billion. DFO also assumed responsibility for overseeing other contracts and financial operations of the former Federal Sav ings and Loan Insurance Corporation (FSLIC) that are now obligations of the FSLIC Resolution Fund (FRF), also created by FIRREA. In addition, DFO initially was put in charge of managing the 98 thrift receiverships with about $13 billion in assets that were closed before August 9, 1989. However, those liquidation functions were transferred to the FDIC’s Division of Liquidation in early 1990, and case resolution duties were transferred to the Resolution Trust Corporation (RTC). After DFO was established, it began working to complete inventory audits of the former FSLIC’s assistance transac tions and to establish accounting systems and controls that would enable the FDIC to settle the obligations of the former FSLIC. The audits analyze the asset inventory and otherwise determine the financial condi tion of these failed thrifts. The audits also provide accurate cost estimates of the obligations of the FSLIC Resolution Fund. Indications are that the extent of insolvency in a number of failed thrifts in the Southwest is greater than originally estimated. DFO prepared several key reports during 1989, including the following: • The final report of the FSLIC, required by Section 406 of FIRREA. The report highlighted the FSLIC’s finances and operations through its official closing date of August 8, 1989. • The final audited financial statements of the FSLIC for the period ending August 8, 1989. Separately, the U.S. General Accounting Office (GAO) completed its own audit review of FSLIC’s financial statements as specified in FIRREA. • Documentation for the GAO regarding assisted th rifts’ compliance with the terms of assistance agreements, and information regarding the Division’s cash flow pro jections, loss reserve projections and associated adjustments to the loss reserves. One of the first actions taken by DFO was the drafting of a strategic plan to ensure that institutions that had received assistance from the former FHLBB understand the FDIC’s goals and objec tives. The FDIC Board approved a threeyear strategic plan for DFO in June 1990. Terrace Tower II, a 12-story office building near Denver, Colorado, is an example of FSLIC commercial property acquired by the FDIC in 1989. The property was owned by the failed First Texas Savings of Dallas. Assessing the Im pact of FIRREA DFO has been working to assess and minimize the possible negative effects that provisions of FIRREA might have on the ability of assisted institutions to carry out responsibilities under their assistance agreements. Of special con cern is how the law might have unintended additional costs for case resolutions, which would increase the ultimate costs to the government. For example, DFO was concerned that if loan-to-one-borrower lim itations in FIRREA were interpreted to apply to financing by acquiring institutions to facilitate the sale of distressed assets covered by assistance agreements, those assets that could not qualify for conventional financing would remain unsold. Such an interpretation would increase holding costs, risk a further deterioration of value and create other problems. However, in June 1990, the O ffice of Thrift Supervision (OTS) issued a clarifying opinion, sought by the FDIC, that loan-to-one-borrower lim itations do not apply to these transactions. O ther provisions of FIRREA that may increase the ultim ate cost of the resolutions to the federal government include capital standards, direct in vestm ent authority, goodw ill am ortiza tion and more restrictive collateral requirem ents fo r borrowing from the Federal Home Loan Banks. DFO has participated in discussions with representatives from the OTS, the C om ptroller of the Currency, the RTC, the Legal Division of the FDIC and the Federal Housing Finance Board aimed at resolving these and other problem areas and issues generated by FIRREA. FIRREA’s more stringent capital stan dards fo rth rifts , including those in s titu tio ns receiving financial assistance, is The FDIC sold the 52-unit Rem ington A partm ents in Dallas in June 1990. The apartm ent com plex was acquired by the FSLIC after the 1987 failure o f Dallas’ Vernon Savings and Loan. sig n ifica n t to DFO because the FSLIC Resolution Fund holds various capital instrum ents purchased or acquired by the FSLIC in assistance transactions. The income to DFO from these in stru m ents reduces the costs of the assis tance provided. But under FIRREA, these instrum ents — prim arily cum ula tive preferred stock, subordinated debentures, capital ce rtifica te s and warrants — no longer qualify as tan g i ble or core capital. To overcome this problem, DFO is taking steps that include negotiating the exchange of these instrum ents fo r those that qualify as core capital. DFO’s goal is to preserve and realize the value of these holdings w ith o u t creating addi tional cost to the taxpayers. DFO during 1989 also approved the liquidation of the mortgage-backed securities p ortfo lio held by New West Federal Savings and Loan A ssociation, which totaled more than $15 b illion on the a cquisition date. New West Federal was established by the FHLBB to d is pose of troubled assets in connection w ith the Robert M. Bass G roup’s December 1988 a cquisition of American Savings of Stockton, California. The prompt and orderly liquidation of this portfolio, which was one of the largest ever performed, took full advantage of declining interest rates without disrupting the mortgage markets. At the date of the American Savings acquisition, the estimated mark-to-market loss in the portfolio was approximately $1.3 billion. The actual cost incurred by the FSLIC Resolution Fund was $665 million. Outlook DFO was formed in August 1989 with 521 employees, almost all from the staff of the FSLIC. That number was trimmed to 401 by year-end as a result of reassignments to other organizations, such as the RTC. However, the Division plans to add resources where needed. By early 1990, for example, plans were initiated to establish 70 positions for field offices and special teams to help accomplish other parts of the workload, such as audits. DFO also will coordinate with the FDIC’s O ffice of Inspector General in monitoring ongoing compliance audits of assistance agreements. Integrating assistance agreements into the FDIC’s automated Financial Infor mation System is another priority for 1990. The move will help the FDIC m onitor compliance with assistance plans and will help track property, busi ness and collection plans. The Division also will closely monitor the tax provisions of assistance agreements to minimize the cost to the government. This will require the preparation of federal and state tax returns and any previously unfiled returns for more than 175 institutions. The tax status of FDIC-assisted thrift institutions is important due to gainsharing provisions of many assistance agreements. The filing of these returns is the first step needed to determine the amount of tax benefits that will accrue to the FSLIC Resolution Fund. As of the end of 1989, DFO employed contractors to assist in the on-site administration of 28 assistance agreements. During 1990, the Division will evaluate the performance of these contractors and develop a plan to reduce dependence on them. reference all Board minutes and delegated authority actions since the FDIC was established in 1933. Office of the Executive Secretary Helping to Meet the Increased Demand for Information As the FDIC expanded during 1989, so did its records and the number of re quests for them. That meant a tremen dous increase in the workload and importance of the O ffice of the Executive Secretary (OES). OES performs functions that range from keeping track of all rulemakings to man aging the agency’s employee ethics pro gram. Each year, the Office handles thousands of requests from the general public, other government agencies and the FDIC staff for various kinds of infor mation and documentation. Since FIRREA, the O ffice’s responsibilities in 1989 have broadened to include support for the Resolution Trust Corporation (RTC) as well as the former Federal Sav ings and Loan Insurance Corporation. As an example of the added workload, OES in 1989 received 1,137 requests for documents about the FDIC or the RTC under the Freedom of Information Act (FOIA) and the Privacy Act of 1974. That represents an increase of more than 35 percent from the 841 requests received in 1988. Access to Information An automated index of FDIC actions is proving to be among the most valuable new tools for FDIC employees and out side observers. Users of the index are able to quickly locate information about agency actions that include rulemakings, responses to bank failures, bank applica tions to open or expand, enforcement actions against banks, FDIC personnel changes and contracts with private vendors. The index eventually will Another extensive function of OES is processing enforcement actions, such as cease-and-desist orders. In this role, OES serves like a clerk of the court, maintaining docket files and respond ing to inquiries about the status of administrative actions. OES performs editorial work on the FDIC’s loose-leaf service, a collection of the laws and rules that affect the operations of the agency and insured institutions. The service is expanding considerably due to the comprehen sive changes made by FIRREA to the Federal Deposit Insurance Act and various FDIC rules and regulations. Interest in the laws and rules affect ing depository institutions has greatly expanded printing requirements. Supplements to the loose-leaf service were distributed six times in 1989 to insured depository institutions, FDIC employees, congressional committees, federal and state agencies and private subscribers. OES also coordinates FDIC and RTC compliance with the Paperwork Reduc tion Act of 1980. As a result of 1989 changes in bank reporting and applica tion requirements, OES estimates that the paperwork burden of the banks supervised by the FDIC was reduced by 47,535 hours. To accommodate the increased workload throughout OES, the staff was reorganized in 1989 along functional lines. Groups were created that specialize in record services, FDIC Board meetings, standing committees and enforcement actions. OES also set up two units specializing in FOIA and Privacy Act requests, each under the direction of a senior attorney. Ethics Counseling As the FDIC’s ethics counselor, OES oversees employees’ personal financial disclosures required under the law and provides guidance to the staff on mat ters relating to their responsibilities and conduct. OES implemented amendments to FDIC rules in 1989 that decentralized the employee financial reporting system to regional and consolidated offices, resulting in a streamlining of the reporting process. The ethics section processed more than 6,000 annual employee disclosures of confidential personal financial infor mation, up nearly 30 percent from about 4,650 the previous year. Approximately 2,250 FDIC employees received training in government ethics standards in 1989, up from about 1,700 employees the previous year. About 75 percent of those employees received their training during the last half of the year, when the FDIC added large numbers of new employees to handle added responsibilities for savings institutions. In just the last half of the year, OES held 20 one-day ethics seminars around the country and participated in 18 gen eral orientation sessions in Washington. In addition, OES conducted three weeklong training sessions for the network of 118 deputy ethics counselors who sup port the FDIC ethics program nationwide. The ethics program expanded during the year to include the RTC. As a result, OES was the primary drafter of two major proposals for public com ment regarding RTC ethics rules. One involved the ethical conduct of RTC employees. The other involved stan dards for determining which private con sultants and asset managers would be eligible to do business with the RTC in order to screen out those with conflicts of interest or histories of fraud or other problems with savings associations. Final rules were adopted in 1990. Corporate Secretary OES gives public notice of meetings of the Board of Directors, records all votes and minutes and maintains official records. OES performed these functions for 79 Board meetings in 1989. OES also acts as secretary for the six standing committees established by the FDIC. In 1989, OES assisted with 89 meetings of the standing committees. Outlook OES is preparing to handle continued increases in requests fo r inform ation and fo r training in ethics, the FOIA and the Privacy Act. Also, OES expects a ctivity to increase in its corporate secretary function as the num ber of Board and com m ittee cases increase and as meeting agen das become more lengthy and com plex. OES has been authorized to add nine new sta ff positions in 1990. Four additional p ositions are planned fo r 1991-92. The O ffice also expects the number of employees who will par ticipate in ethics seminars and orienta tion sessions to more than double in 1990, largely due to the shifting of FDIC employees to the RTC and new employees hired to replace them. In addition, one OES staff member will be devoted to setting up training pro grams to help FDIC and RTC employees around the country better administer the FOIA and the Privacy Act. Office of Corporate Communications New FDIC Responsibilities Generate More Requests for Information The Office of Corporate Communications (OCC) serves as the FDIC’s information liaison with the media, professional organizations, banks and the general public. The ever-increasing focus on the agency’s new responsibilities involving savings associations has meant signifi cantly more requests for information and other assistance from OCC. One of many ways OCC disseminates information about the FDIC is by arranging interviews with national and local broad cast and print media for Chairman Seidman and other senior agency officials. OCC prepares news releases on failed banks, new regulatory and supervisory policies and other newsworthy events. The Office also arranges briefings for reporters on various topics, including the FDIC’s quarterly report on the banking industry’s performance. In addition, OCC responds to requests for information on the FDIC’s history and policy decisions, as well as for data on the banking industry. Each week, OCC receives approximately 1,000 to 1,500 written and telephone requests for information from the media and the general public. OCC staff members also were on the scene at a number of bank failures during the year to respond to press inquiries and to reassure depositors. The FDIC’s role in resolving the thrift industry crisis placed additional demands on OCC, among them the responsibility for providing the initial staffing for the Resolution Trust Corporation’s com munications office. OCC also responded to large numbers of requests from the media and the general public on matters such as the insurance coverage of deposits in savings associations and the FDIC’s management of assets and liabilities assumed from the Federal Sav ings and Loan Insurance Corporation. Directives issued through OCC now are sent to insured savings associations as well as insured banks, as appropriate. These directives, called Financial Institu tion Letters (FILs), generally notify institutions of changes in the FDIC’s policies, rules and regulations. FILs were called Bank Letters prior to the enact ment of FIRREA. OCC distributed 31 Bank Letters and 27 FILs during 1989. During 1989, OCC also continued its assistance with the FDIC’s loose-leaf service for Laws, Regulations and Related Acts, filled thousands of orders for publications, managed the distribution system for the agency’s final adminis trative enforcement actions, as required under FIRREA, and provided relevant materials for the public segments of the FDIC Board meetings. OCC also prepares the FDIC News for employees and produces the FDIC’s Annual Report. Outlook In the coming year, OCC will revise several FDIC publications to reflect re cent statutory and regulatory changes. OCC is working with the Legal Division and the Office of Consumer Affairs to update the FDIC’s much-requested con sumer brochure that explains deposit insurance rules. OCC also is developing several videotapes. One series of videotapes is intended to improve communications between head quarters officials and field staff by presenting discussions by senior officials of subjects and issues of current in terest. Another is designed to help prepare FDIC officials who are called upon to participate in media inquiries and interviews. Office of Legislative Affairs Protecting the FDIC’s Interests in a Historic Year in Congress As congressional liaison for the FDIC, the Office of Legislative Affairs (OLA) played a major role in the passage of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). Internally, OLA coordinated with the FDIC’s Board of Directors, Management Committee and other top officials to analyze and respond to key provisions of the legislation. On Capitol Hill, OLA represented the FDIC’s interests during all phases of the legislative process. While the main goal of FIRREA was to find a legislative solution to the thrift crisis, OLA played a part in many other important aspects of the new law. Among them were: • Preserving the FDIC as an independent insurer with a greater ability to control costs like a private insurer and new authority to obtain sources of revenue. • Strengthened enforcement powers to ensure safe and sound banking practices. • Winning the right for “ cross-guarantees” when handling a failed institution, which enables the FDIC to recover part of its costs from still solvent institutions in the same holding company. OLA’s role in promoting the FDIC’s objectives is crucial and diverse. The Office advises top management on bills pending in Congress and other matters that would affect the FDIC or the institutions it insures and supervises. During 1989, OLA tracked more than 70 bills on issues of significance to the FDIC. OLA also coordinates the drafting of pro posed legislation and the preparation of congressional testimony. It coordinated the preparation of testimony for 25 ap pearances by Chairman Seidman and other top FDIC officials during 1989, more than double the 10 appearances made the previous year. FDIC officials testified on a variety of topics that included the condition of the banking industry and the reform of laws related to organized crime. OLA also meets with members of Con gress and their staffs to explain the FDIC’s position on legislation and to pro vide relevant information. It also responds to inquiries from members of Congress, who often contact the FDIC as part of their oversight responsibilities. Lawmakers ask about agency policies in areas such as bank examinations and the use of out side legal counsel. They also often con tact the FDIC on behalf of constituents who have questions or problems. During 1989, OLA coordinated nearly 3,000 writ ten responses to congressional inquiries, up substantially from approximately 2,200 requests the previous year. OLA also helped launch a legislative affairs office for the new Resolution Trust Corporation. Chairman Seidman greets House Banking Committee leaders prior to recent testimony. From left: Chairman Seidman, Committee Chairman Henry B. Gonzalez and ranking Republican Chalmers P. Wylie. Outlook OLA anticipates ongoing congressional oversight of the FDIC’s expanded responsibilities under FIRREA during 1990. The Office also will monitor and respond to new proposals that would amend FIRREA or otherwise change the way banks and thrifts are supervised. Other issues likely to be examined by Congress in the coming year include: Deposit Insurance Reform The current system will continue to be reviewed while Congress awaits a Treasury Department study on the sub ject mandated by FIRREA and due in February 1991. The FDIC is participating in the Treasury study. Bank Powers As the European market moves toward unification in 1992, European banks will become more competitive in the United States and American banks will face new challenges in the world market. OLA will continue to work for legisla tion that would make banks more com petitive internationally while protecting the safety and soundness of the deposit insurance funds. Consumer Legislation Congress will continue addressing the banking needs of low- and moderateincome consumers. Proposals include mandating that no-frills “ lifeline” ac counts be made available for certain consumers and requiring institutions to cash Social Security checks and other government checks. OLA will work toward ensuring that consumers have adequate banking services which, at the same time, are cost-effective for depository institutions. * Environmental Lender Liability Under certain federal and state environ mental laws, lenders face an increasing risk of liability for the cost of cleaning up hazardous substances found on prop erties in their asset inventory. As the insurer of banks and thrifts, as well as the receiver or liquidator of failed institutions, the FDIC is concerned about lenders’ potential liability under environmental laws. OLA will work for legislation to protect the deposit insurance funds from potential environ mental liability claims. • Bank and Thrift Fraud Congress is expected to pass com prehensive legislation designed to curb fraud and abuse in federally insured depository institutions. Among other things, legislators are studying what additional tools the FDIC and other bank regulatory agencies may need to control fraudulent activities and to prevent bank and thrift insiders from profiting from these illegal activities. Office of Budget and Corporate Planning Planning For and Monitoring the Resources of Four Funds The Office of Budget and Corporate Planning (OBCP) integrates agency-wide organization, long-range planning and budgeting. Those responsibilities were expanded significantly by FIRREA. Using general guidance from senior management, and specific instructions from OBCP, each Division and O ffice of the FDIC prepares its own budget and performance plans. After further analysis and review, OBCP prepares a unified budget and presents it to the FDIC’s Board of Directors for approval. OBCP also budgets for FDIC-managed resources supporting the Resolution Trust Corporation (RTC). Chief among the new challenges fac ing OBCP under FIRREA is the respon s ib ility fo r the adm inistrative resource needs of three d iffe re n t funds — the Bank Insurance Fund (BIF), the Savings A ssociation Insurance Fund (SAIF) and the FSLIC Resolution Fund (FRF) — as well as FDIC support for a fund for the RTC. For the OBCP, th is new environm ent means major changes in its perform ance measures, m onitoring procedures and expense reporting. Another significant change in 1989 was that the FDIC began budgeting for a two-year period, covering calendar years 1989 and 1990. Operating under a biennial budget will save staff time and will provide a more realistic time span for organizations to meet performance targets with budgeted resources. Major Office Functions OBCP serves the agency in a variety of significant ways. While the functions of the Office remain the same as in the past, FIRREA has introduced new dimensions to the work so that the added demands on the FDIC are ade quately taken into account. Primarily, these functions are: * Productivity/Workload Measurement The budget reflects the goals of the FDIC’s Divisions and Offices in terms of productivity and workload. Budget management includes the analysis of actual expenses and the achievement of performance goals. To assist senior management, OBCP prepares a quarterly Corporation Status Report, the agency’s most comprehensive source of data on budget planning and performance. These reports are vital to the FDIC’s long-term resource planning and alloca tion efforts. * Staff Year Analysis Salaries and benefits will consume about 48 percent of the FDIC budget in 1990, excluding RTC-managed organiza tions. OBCP continuously analyzes staff ing needs and provides managers throughout the agency with monthly reports that help measure and control the costs of salaries and benefits. OBCP’s analyses of the relationship between staffing levels and other expenses, such as travel and equip ment, were used extensively in for mulating the current budget. * Expense Monitoring OBCP continually measures and pro vides enhanced expense monitoring tools to FDIC Divisions and O ffices to promote cost awareness. Further in tegration of expense information with the budgeting process occurred in 1989 with the development of the Corpora tio n ’s first biennial budget. This integra tion gives those persons preparing the budget at the field site level a much clearer picture of actual costs and thus a better predictive tool and budget. Program Tracking OBCP tracks costs by seven specific programs: applications, risk manage ment, compliance, failing banks and assistance, closings, asset manage ment and general administration. These programs cut across organizational lines and were previously d ifficult to quantify. By tracking these programs, OBCP will help the FDIC allocate resources more efficiently to achieve its major goals. Special Projects During 1989, OBCP staff participated in a wide variety of special budgetrelated activities that included the negotiation of agreements with the former Federal Home Loan Bank Board over the distribution of FSLIC staff and other resources following FIRREA. The O ffice also developed models for the first RTC budget and staffing projec tions, as well as the FDIC’s budget, post-FIRREA. Among the specific studies undertaken was an evaluation to enhance the FDIC’s training and educational pro grams. OBCP recommendations in favor of a centralized approach toward training were instrumental in a December decision by Chairman Seidman to create a new Office of Training and Educational Services, which began operations in April 1990. In addition to its budgeting role, OBCP increasingly serves as an information source and special project team for FDIC senior management. OBCP’s ef fectiveness is due in part to its interac tion with all components of the FDIC and its continuous access to financial and staffing information. Outlook OBCP’s main challenge in 1990 and beyond will be to adapt its analytic and budgeting techniques to accurately pro ject the resource needs of the FDIC as conditions change in the banking and th rift industries. Initiatives in monitoring and reporting expenses during the coming years will affect major resource allocation deci sions throughout the FDIC. sisted of more than $20 billion in the FDIC’s own assets and $24 billion in assets controlled by the FDIC in liquidat ing closed depository institutions. Office of Inspector General Safeguarding the Assets and the Integrity of the FDIC Largely as a result of the broad new powers granted under FIRREA, the FDIC now is among the most closely scru tinized agencies in the U.S. Government. Congress, the White House and the news media are among those watching over the FDIC — and the new Resolution Trust Corporation — for signs of waste, fraud or abuse. Performing similar watch dog duties internally for the FDIC is the Office of Inspector General (OIG). OIG’s mission is to provide policy direc tion for audits, investigations and other activities designed to promote economy and efficiency and to prevent and detect fraud and abuse in FDIC operations. OIG conducts and coordinates audits and investigations, recommends improve ments in fiscal and operational controls and provides audit reports to the FDIC’s top officials. OIG works closely with the U.S. General Accounting Office, which con ducts oversight of the FDIC as well as the other financial institution regulatory agencies. OIG also works with the Department of Justice and the Federal Bureau of Investigation to identify and prosecute fraud by FDIC employees. Also as a result of FIRREA, most of the responsibilities and resources of the Inspector General’s Office of the former Federal Home Loan Bank Board (FHLBB) were transferred to the OIG. The FDIC’s expanded responsibilities have resulted in OIG audit and in vestigative oversight requirements for more than $100 billion in assets and assistance agreements — up from $35 billion in 1988. This included $60 billion in asset guarantees related to thrift assistance transactions. The rest con OIG also was responsible for the over sight of nearly 12,000 FDIC employees, up about 45 percent from the previous year’s approximately 8,000. Accomplishments OIG was established by the FDIC on April 17,1989, in response to the Inspec tor General Act Amendments of 1988. However, OIG actually is a redesignation of the FDIC’s Office of Corporate Audits and Internal Investigations, which had been performing duties consistent with the intent of the new law for many years. In 1989, audit reports were issued regarding 785 liquidations and corporate functions, which was three times the number audited last year. These audits include receiverships, payrolls, travel vouchers, computer systems, assistance agreements and other FDIC business. On October 31,1989, OIG submitted its first semi-annual report to Congress in accordance with the Inspector General Act. The report outlined OIG activities and accomplishments from April 1 through September 30, 1989. Outlook As a result of productivity initiatives, the 1990 OIG budget was reduced by more than 40 percent from the 1989 level despite the O ffice’s increased responsibilities. Those productivity initiatives include a refocusing of audit and investigative requirements and a more efficient and effective use of combined resources of the FDIC’s OIG and the former FHLBB’s Inspector General’s Office. telephone inquiries related to deposit insurance coverage in savings associa tions and banks. Office of Consumer Affairs Providing Assistance to Consumers, Bankers and Examiners With the enactment of FIRREA, Congress made several major changes affecting the relationship of consumers and their depository institutions. Those changes greatly increased the demands on the FDIC’s O ffice of Consumer Affairs (OCA), which serves as a liaison with the public and the industry on matters such as deposit insurance coverage, unfair and deceptive banking practices, and civil rights issues. In particular, FIRREA brought federal deposit insurance for savings associa tions under the management of the FDIC. It also required the FDIC to resolve differences in the insurance coverage rules and interpretations of the FDIC and the former Federal Savings and Loan Insurance Corporation (FSLIC). OCA has assumed many of the respon sibilities related to insurance coverage handled by the former Insurance Divi sion of the FSLIC. As a result, OCA staff members are handling a signifi cantly increased number of written and The new law also mandates the public disclosure of agency evaluations of an in stitutio n ’s performance in serving its community under the Community Reinvestment Act (CRA). The Office played a central role with other federal financial institution regulators in draft ing proposed guidelines to implement the new CRA disclosure requirements and changes in the way institutions are evaluated under the CRA. Proposals were issued for public comment in December 1989 and final guidelines were adopted by the FDIC and other regulators in April 1990. FIRREA also expanded the amount of information about loan applications and decisions that must be made publicly available under the Home Mortgage Disclosure Act (HMDA). The Office par ticipated with representatives of the other federal financial institution regulatory agencies in drafting the new reporting requirements, which include a new Loan/Application Register form and tables that show aggregate lending patterns in each “ metropolitan statistical area.” Hearing and Helping the Public One of OCA’s primary responsibilities is monitoring and responding to con sumer complaints and inquiries. Many bankers also contact OCA with ques tions about regulatory matters. In Washington and in the eight regional offices, OCA reported a total of 48,100 telephone calls dealing with either complaints or inquiries, about a 22 per cent increase over the nearly 39,450 calls reported during 1988. There also were 4,400 letters received in 1989, FDIC Board member C.C. Hope, Jr., much in demand as a speaker, addresses Wake Forest University students and faculty at the cam pus in Winston-Salem, North Carolina. W orking to Ensure Compliance which represents about a 13 percent in crease over 3,890 in the previous year. A toll-free telephone “ hotline” ad ministered by OCA specialists in the Washington headquarters is a major source of consumer requests for assistance. OCA received approximately 13,400 calls on the hotline during the year, about a third more than the 10,100 reported last year. The telephone number for the toll-free “ hotline” is 1-800-424-5488. For callers in the Washington, D.C. area, the number is 202-898-3536. The hotline is in operation Monday through Friday, 9 a.m. to 4 p.m. EST. The FDIC’s regional offices reported approximately 34,700 telephone calls on matters relating to consumer issues, an increase of about 18 percent from the 29.300 calls logged the previous year. Nationwide, the most common ques tions and topics of concern reported by OCA and regional office staff in tele phone calls involved deposit insurance coverage, general banking issues, fair housing and the Home Mortgage Disclosure Act. Many bankers also call the OCA and regional offices inquiring about their responsibilities under deposit insurance and consumer and civil rights regulations. In terms of written correspondence, OCA and the regional offices reported receiving approximately 1,900 letters of complaint against individual institutions or other aspects of banking. That is up nearly 50 percent from the approximately 1.300 written complaints in 1988. Another 2,500 written requests for infor mation on FDIC rules and procedures were received during 1989, nearly three times as many as the approximately 900 received the previous year. Another function of OCA is to evaluate the adequacy of the FDIC’s examina tion program for monitoring individual institutions’ compliance with various consumer and civil rights laws. During 1989, the FDIC’s Division of Supervi sion (DOS) conducted 2,660 consumer compliance examinations, excluding visitations, which are of a more limited scope. This was a decrease from the 2,988 compliance examinations con ducted in 1988, largely due to the ex tensive use of examiners in the management of savings association conservatorships, especially during the first few months of the year. OCA also emphasizes to FDIC examiners and the banking industry the impor tance of complying with consumer pro tection laws and regulations, and provides guidance and instruction. The annual training conference con ducted by OCA for the regional office compliance review examiners and senior compliance field examiners was held in October 1989. Attention was focused on issues such as industry and consumer perspectives of com pliance, CRA and neighborhood redevelopment, fair lending laws and differences between FDIC and FSLIC deposit insurance coverage. Speakers included representatives from the FDIC, other federal agencies, the banking in dustry and consumer and community groups. In 1989, OCA worked with DOS and outside vendors on a new school for more experienced examiners. The goal of the Advanced Consumer Protection School is to provide additional training beyond the basic one-week program given by DOS and to address more complex problems and issues. The first two sessions were held in April 1990. Geoffrey L. W a d e OCA will continue working closely with the other financial institution regulators in implementing the CRA and HMDA provisions of FIRREA, as well as other activities involving consumer protection laws and regulations. Consumer affairs director Janice Smith was one of the agency’s officials explaining the FDIC’s deposit insurance rules in a satellite TV program for bankers. 64 OCA, in conjunction with various DOS regional offices, also conducted three one-day compliance seminars for bankers. Nearly 240 bankers from 204 banks participated in seminars held in Baltimore, Memphis and Indianapolis. The purpose of the seminars was to provide a forum for discussing issues related to consumer protection laws and regulations. Outlook OCA expects to continue to participate in schools and seminars for examiners and bankers around the country. It also will participate in new CRA training sessions for examiners to be spon sored by the interagency Federal Finan cial Institutions Examination Council. The various training efforts are con sidered especially important in clarifying what will be expected under FIRREA. In early 1990, OCA established a new Community Affairs program primarily intended to enhance existing outreach efforts. The new program provides for a community affairs officer in each of the FDIC’s eight DOS regional offices. The community affairs officer will be responsible primarily for making con tact and meeting with citizen groups, government and industry organizations, and others regarding the credit needs of communities and the lending prac tices of institutions. Each community affairs officer also will provide informa tion to examiners to assist them in evaluating the fair lending performance of FDIC-supervised institutions. OCA will continue to work with DOS on establishing a separate compliance examination program with specialized examiners who have career paths separate and distinct from safety and soundness examiners. The program, which will be under the jurisdiction of the DOS and separate from its safety and soundness examination activities, includes an expanded group of field compliance examiners and an increased emphasis on compliance with consumer protection laws and regulations. OCA also will continue to m onitor the effec tiveness of the consumer compliance examination program and make indepen dent recommendations as necessary. Office of Personnel Management Handling a 4 5 Percent Increase in Agency Staff The responsibility for processing thousands of new employees quickly and smoothly in just a few months of 1989 fell to the FDIC’s Office of Personnel Management (OPM). Recruitment, job placement, payroll and benefits administration, employee development and training, performance evaluations — these functions and more come under the duties of OPM. In 1989, this Office undertook extensive hiring efforts for the newly created Resolution Trust Corporation (RTC) as well as for existing FDIC Divisions and Offices. Total employment nationwide, including RTC, was 11,703 by year-end. That is up 45 percent from the 1988 employment figure of 8,057. Most of the increase came from staffing needs of the RTC and the FDIC’s Divisions of Liquidation and Supervision. The FDIC and the RTC actually made 4,815 new appointments during 1989. Of these, 2,677 employees, or about 55 percent, were for permanent positions. The other 2,138 employees were tem porary appointments hired from local markets to assist the FDIC in carrying out new receivership responsibilities for savings associations, predominantly in the Southwest. These temporary employees typically include liquidation specialists and clerical workers assigned to a particular receivership for periods that may last two years or more. Bank examiner trainees by far were the largest occupation group for new per manent positions. There were 487 such trainees hired last year — one out of every 10 permanent employees who joined the agency. Next came bank liq uidation specialists, of which 176 were hired on a permanent basis. Overall, the number of permanent job vacancies advertised for filling FDIC positions was three times the number advertised the previous year. In addition to new appointments, the FDIC transferred 850 employees of the former Federal Savings and Loan Insurance Corporation (FSLIC) onto its rolls effective October 8, 1989. The Number of Officials and Employees of the FDIC, 1988*1989 (Year-end) Iw H p ig to n Office I89 . 1988 lesolutii ►ivision ivision livision •ivision •ivision c rffice of itary, Coipoia: Regional & Field Offices IK T 1988 65 overall effectiveness. The new Office began operations in April 1990. process included pre-transfer orienta tion sessions covering FDIC benefits, services and other topics in order to ease the transition during a d ifficult time for these FSLIC employees. Indicative of the interest in the RTC were the nearly 10,000 unsolicited appli cations for employment received there during the last quarter of 1989. More than 5,000 applications also were filed in response to specific announcements posted during that last quarter. OPM established an RTC Support Branch devoted to handling the management and staffing needs of that agency. An Emphasis on Flexibility Due in large part to the magnitude of the hiring needed to be done after the enactment of FIRREA, the FDIC sought and obtained approval from the U.S. Office of Personnel Management for broad authority to screen and hire federal job candidates. This unusual delegation of authority, which covers positions at grade levels 9 through 15 at the FDIC and the RTC, enabled the positions to be filled more rapidly and at lower cost than under the standard federal appointment process. OPM employee training programs contin ued at a steady pace in 1989, although some sessions were postponed in order to devote resources to the savings and loan industry crisis. Computer training sessions were active during the year, largely to keep pace with the agency’s continued installation of personal com puters and the development of computerbased communication networks for the employees. In addition, the FDIC announced plans to create an O ffice of Training and Educational Services, part of a move to centralize the agency’s training programs and improve their In view of the additional demands placed on the agency by FIRREA, the FDIC undertook a survey of all employees in order to give management better insight into perceptions about the FDIC as a place to work. More than 4,500 employees responded to the survey. The results showed that FDIC employees were satisfied with their work and were w ill ing to do even more to make the agency successful, although the survey showed certain aspects of working for the agency that the staff said needed improvement. Nearly 99 percent expressed a w ill ingness to do more than required to ensure that quality work was done in a tim ely manner. More than 75 percent of all employees responding said they found their jobs challenging and mean ingful. About seven out of 10 con sistently gave positive views to questions about equal employment opportunity and the competence and fairness of supervisors. Many employees did, though, indicate in the survey that they thought the FDIC could do a better job in areas such as professional training and in communica tions with senior management. Largely in response to the survey, the FDIC’s leadership initiated steps to improve training programs and to improve com munications through internal publica tions, videos and other means. People Helping People The FDIC is proud of its employees who unselfishly give of themselves for the benefit of the agency, its personnel and the community. OPM tries to assist in those efforts and recognizes employees for their good deeds. The agency saw increased usage of a program adopted in 1988 that allows employees to donate annual leave to other employees absent from work due to medical emergencies but who lack suffi cient leave time. The program provides income protection to those employees during their time away from work. During 1989, there were 565 employees who donated 6,520 hours of annual leave to help 35 FDIC employees in need. OPM also coordinates the annual nomina tion and selection of outstanding em ployees for the FDIC’s Honorary Awards. Each winner receives a cash award and a gift, and is honored at a special ceremony in the Washington headquarters. These employees were recognized in 1989: • John R. Keiper, Jr., Assistant Executive Secretary in the Office of the Executive Secretary in Washington, won the Chairman’s Award. That honor is pre sented to a non-examiner who has demonstrated devotion to duty, integri ty and professional expertise. Keiper, a 20-year veteran, was cited for promoting cooperation between the agency and the U.S. Office of Management and Budget on projects that reduce federal paperwork requirements. • James R. Lewis, a supervisor in the Chicago Region’s Champaign, Illinois, Field Office and an FDIC employee for 32 years, won the Edward J. Roddy Award. This award recognizes the exceptional career examiner who exhibits integrity, imagination and leadership. Lewis was singled out for his efforts in training and motivating young examiners assigned to the Champaign Field Office. • Evelyn J. Wright, a liquidation assistant in the Houston Consolidated Office, was selected for the Nancy K. Rector Award. The award is presented to an employee who expands opportunities for personal or professional growth in others. Wright, a four-year FDIC employee, was given the award for her positive influence on the job and her volunteer work in a Texas program that helps welfare recipients find employment. The FDIC also issues performance awards to employees who respond to unusually heavy workloads, often at great personal sacrifice. The number of employees receiving these cash awards during 1989 greatly exceeded previous years, largely as a result of FIRREA. Many incentive awards were given to employees for managing or otherwise supporting savings associations facing insolvency, while other employees add ed to their regular responsibilities the work of those on other assignments. Outlook In 1990, OPM expects to continue to pursue an aggressive hiring program. By the end of 1990, the Office projects that total employment for the FDIC and the RTC could hit 19,000. Board member C.C. Hope, Jr., presents 1989 Edward J. Roddy Award for exceptional examiners to James Lewis of the Champaign, Illinois, field office. Chairman’s Award winner John Keiper, Jr., is in front. handicapped and disabled veterans for the new Resolution Trust Corporation (RTC). The new support branch also will adm inister an RTC outreach program. Office of Equal Opportunity Develops Expanded Minority Outreach Programs for Jobs, Federal Contracts The FDIC’s O ffice of Equal Opportunity (OEO) manages the agency’s affirmative action programs for minorities, women, the handicapped and disabled veterans — a role expanded in 1989 due to FIRREA. In fact, OEO’s name was changed from the O ffice of Equal Employment O ppor tunity to reflect additional responsibilities for the monitoring of government contracts under FIRREA. The FDIC has a long history of promoting equal opportunity in employment and government contracts. In April 1981, for example, the FDIC adopted a detailed policy to provide “ all suppliers an equal opportunity to compete” for contracts for supplies and services. FIRREA gave the FDIC added responsi bilities in 1989 by requiring several federal financial regulatory agencies to issue rules for minority outreach pro grams that would promote, “ to the maxi mum extent possible,” the awarding of contracts to firm s owned by minorities and women and to preserve minorityowned financial institutions. As a result, the FDIC in late 1989 started to expand its existing minority outreach system. The FDIC began to encourage minorities and women to actively participate in the bidding process for the sale of failed or failing institutions. And in February 1990, the FDIC Board adopted an interim program intended to develop a more formal and comprehensive approach to identifying and targeting women- and minority-owned firm s nationwide for use in liquidation activities, administra tive contracts and legal sen/ices. OEO also established a support branch to manage an affirmative employment program for women, minorities, the Employment Programs As part of the FDIC’s general com m it ment to affirmative action, OEO works with other Divisions and O ffices to recruit new employees from colleges and universities with a high percentage of minorities and women. To further its outreach efforts to poten tial employees, OEO conducted employ ment application workshops at schools and special programs for the hearing impaired and the handicapped, such as Gallaudet University in Washington, D.C., and the National Technical Insti tute for the Deaf in Rochester, New York. OEO also provided information about the FDIC and career opportunities at the agency at conventions for groups that included the National Urban League, the National Hispanic Bar Association, the National Asian Pacific American Bar Association and the President’s Committee on Employment of People with Disabilities. OEO also helps coordinate programs to provide summer jobs or unpaid work experience for students from predom inantly m inority high schools and col leges, mentally handicapped individuals and others in need of assistance. OEO efforts during 1989, for example, resulted in the placement of three Native Americans in a special job train ing program. Two of these individuals later were hired by the FDIC for perma nent positions, while the third was placed at another federal government agency. The Office worked closely with the Veterans Adm inistration in pro viding training and job placement assistance for three disabled veterans. sections of the FDIC also established group sign language training to facilitate communication. Counseling and Training Special Aw ards 0 E 0 also administers discrim ination complaint procedures. There were 82 requests for counseling on anti-discrimi nation rules and procedures for filing discrim ination complaints. There were 47 formal discrim ination complaints filed during the year. At year-end 1989, there were 40 equal employment counselors located throughout the U.S.. OEO sponsored 18 training courses devoted to equal employment oppor tunity issues for FDIC supervisors and managers. The Office also presented instruction on equal employment oppor tunity at five general seminars on per sonnel management for supervisors. A pilot “ multi-cultural awareness seminar” was sponsored in 1989 for FDIC managers and supervisors so that they can better appreciate the diversity of backgrounds among FDIC-employed minorities and women, and to help those managers better integrate the employees into the workforce. OEO also sponsored courses in sign lan guage, career growth, self-protection and other topics for employees. As part of FDIC’s efforts to accom modate the special needs of employees, OEO provided equipment such as wheelchairs, telephone amplifiers, lap top computers for the physically handi capped and enlarging equipment for the visually impaired. OEO assisted in the installation of visual alarm systems and telecomm unications devices for the hearing impaired. It also prepared a booklet on emergency evacuation pro cedures for disabled FDIC employees. OEO provided sign language interpreters to enable hearing impaired employees to participate in training classes, meetings, interviews and other sessions. With the assistance of OEO, individual The FDIC also was extremely proud to have one of its staff members, Joanne Giese, recognized by President George Bush for a special award given to a handicapped federal employee. Giese, a supervisory liquidation specialist in the Kansas City Regional O ffice with 11 years of experience at the FDIC, was born with cystic fibrosis, an incurable, degener ative illness characterized by chronic lung infections, frequent bouts with pneumonia and other severe problems. Those ailments can be particularly challenging for someone whose job in volves high stress, frequent travel and visits to older bank buildings where the ventilation systems may be inadequate. Giese has nonetheless excelled in both her professional and personal endeavors She was named one of the first credit specialists assisting with the savings association conservatorship program managed by FDIC. 69 Joanne Giese of the Division of Liquidation in Kansas City received the 1989 Presidential Award for handicapped federal employees from First Lady Barbara Bush on October 5, 1989. Giese’s remarkable courage and deter mination earned her the FDIC’s Handicapped Employee of the Year Award, which is coordinated by OEO. She then won the 1989 Presidential Award for Outstanding Federal Employees with Disabilities, presented by First Lady Barbara Bush in a ceremony held on October 5, 1989. Outlook OEO intends to intensify efforts to recruit more minorities and women for all occupation groups and for the award ing of contracts. It will do so by increased advertising in minority publications, ex panded use of minority-related data bases and greater participation in specialized conferences. Also as a result of FIRREA, OEO will ex plore ways to increase the utilization of minority and women-owned institutions as depositories and financial agents for FDIC funds from liquidation activities. Also in terms of the awarding of govern ment contracts, OEO intends to develop more detailed records of the FDIC’s use of firm s owned by women and minorities. OEO plans to nearly double the number of equal employment opportunity train ing courses for supervisors and managers and to increase the number of personnel management seminars from five in 1989 to approximately 25 in 1990. W ith the anticipated increase in the FDIC’s handicapped workforce will come an increase in the accommoda tions to be provided. OEO also is look ing into the possibility of enhancing the computers used by deaf employees so that they can become aware of incoming telephone calls, read the in coming telephone communication on the computer screen and answer back via the computer. Standing Committees Assist in Matters Before the Board The FDIC’s Board has established six standing committees that make recom mendations to it. In some cases, mainly related to liquidation and receivership activities, these committees can take final action under delegated authority. The Management Committee The largest and most influential of the standing committees serves as a forum for senior managers to discuss issues of common concern. Examples of topics addressed by the Management Committee include major regulatory issues, pending legislation, research projects and personnel matters. Richard A. B lo o m The Chairman of the FDIC also is the Chairman of the Management Commit tee. Its other members include the FDIC Vice Chairman, Deputies to the Board members, Directors of Divisions and Offices, the General Counsel and the Inspector General. Due to FIRREA, the FDIC Board in October 1989 added senior managers of the Resolution Trust Corporation (RTC) to the FDIC’s Management Committee. Chairman Seidman at a Management Committee meeting with, from left, FDIC officials Steven Seelig and Stanley Poling and RTC executive director David Cooke. The Management Committee considers matters that are referred by other stand ing committees or that are not within their exclusive jurisdiction. The five other standing committees are: • The Supervision Review Committee This committee reviews enforcement actions and institutions’ applications for insurance or assistance. It also makes referrals to the Management Committee or the FDIC Board when significant supervisory issues are raised. • The Committee on Liquidations, Loans and Purchases of Assets It oversees and makes recommenda tions regarding asset sales, problem loan workouts and litigation stemming from liquidations and receiverships. * The Audit Committee This panel reviews reports by the FDIC’s Office of Inspector General (OIG) except for matters pertaining to internal investigations. The Audit Com mittee reviews completed OIG audit reports, requests follow-up if necessary and submits recommendations to the FDIC Board. Lamar Kelly, Jr. (left), RTC director of asset and real estate management, discusses a bill in Congress with FDIC legislative affairs director Beth Climo at a Management Committee meeting. 71 Richard A. B lo o m * The Electronic Data Processing Steering Committee This group analyzes the current and future information needs of the agency and the changes in computer hardware and software necessary to meet those needs. * The Data Integrity Board This new committee was formed in response to the Computer Matching and Privacy Protection Act of 1988. The panel will review proposals for the FDIC and other government agencies to share information via computers in what are known as matching programs. It also will do follow-up analyses of the costs of the programs and compliance with privacy protection laws. Chairman Seidman leads the discussion at Management Committee meetings, where top FDIC and RTC officials air views on major issues. m Insurance Fund. The FSLIC Resolution Fund is established under the FDIC to manage most of the assets and liabilities of the former FSLIC. Legislation Enacted in 1989 T he F inancial Institutions Reform , R ecovery, and E nforcem ent A ct of 1 9 8 9 (FIRREA) (P.L. 1 0 1 -7 3 ) On A ugust 9, 1989, President Bush signed into law FIRREA — one of the m ost im portant changes affe ctin g the financial services industry since the Great Depression. FIRREA was intended prim arily to address the financial crisis facing the th rift industry, which had about 600 seriously troubled savings associa tio ns w ith assets of about $350 billion. However, that crisis also provided lawmakers w ith the o pp o rtun ity to make fundam ental changes in the way banks and savings associations are supervised and insured. The duties of the FDIC in particular were greatly ex panded under the new law. In general, FIRREA changed the fin an cial in stitu tio n regulatory structure and strengthened the authority of federal supervisors to require ade quate capital, promote safe banking practices and ensure com pliance with applicable laws. These changes w ill have an im pact on financial in s titu tions, th e ir custom ers and the U.S. econom y fo r decades. Some m ajor initiatives in the new law: • Savings Association Insurance Fund Federal deposit insurance for savings associations is now provided by a new insurance fund directed and administered by the FDIC. The new fund, called the Savings Association Insurance Fund (SAIF), replaces the former Federal Savings and Loan Insurance Corporation (FSLIC). The FDIC will maintain the new insurance fund for savings associations separate from the Bank * Resolution Trust Corporation The Resolution Trust Corporation (RTC) is established to merge or liquidate savings associations declared insolvent during the period from January 1, 1989, through August 9, 1992. The FDIC is the manager of the RTC, handling dayto-day operations. * Resolution Funding Corporation The law establishes the Resolution Funding Corporation (REFCORP) to fund the activities of the RTC, primarily through bond sales. The bill provides public and private funds to deal with thrifts that fail between 1989 and 1999, as well as a mechanism to capitalize the new SAIF. * Office of Thrift Supervision The Federal Home Loan Bank Board (FHLBB) is abolished and its former activities are divided among several other agencies. The FHLBB’s former duties examining and supervising thrifts and their holding companies are taken over by the O ffice of Thrift Supervision (OTS), a new agency under the Treasury Department. * Expanded FDIC Board The Board of Directors of the FDIC is increased from three to five mem bers. There w ill be three Presidential appointees, w ith one designated as Chairperson and another as Vice Chairperson. The C om ptroller of the Currency w ill continue to serve on the FDIC Board. The fifth Board member w ill be the D irector of the OTS. * Assessments Increase Initially, the d iffe re n t premiums that banks and th rifts pay fo r deposit insurance coverage are increased to help bolster the insurance funds. The statute of lim itations for financial institution fraud and related crimes is lengthened from five to ten years. * Cross-guarantee Provision To recover part of its costs of liquidating or aiding an insured institution in trou ble, the FDIC may seek reimbursement from other insured institutions in the same holding company. * Increased Civil Money Penalties The law dramatically increases the civil money penalties that may be imposed against officers and directors for viola tions of law or for unsafe or unsound banking practices. It also widens the scope of the penalties to include con trolling shareholders, independent con tractors and others. * Restrictions on Thrift Activities Growth by undercapitalized thrifts is prohibited or limited. The FDIC is given the authority to prohibit or lim it ac tivities of state-chartered thrifts that pose serious risks to the insurance fund. These include investments in “ junk bonds” and direct investments in real estate. * Additional Requirements for Thrifts Savings associations will be required to David Valdez/The White House * Stiffer Prison Sentences and Fees Maximum prison sentences for major financial institution crimes, such as bribery and fraud, are increased from five years to 20 years. The maximum criminal fine for these violations is increased from $5,000 to $1 million. * Broader Enforcement Authority FDIC authority to order an institution to “ cease and desist” from engaging in certain activities is expanded. The agency’s power to remove or prohibit a party from engaging in an insured in stitutio n ’s affairs is broadened. The FDIC also gains authority to take enforcement action against insured sav ings associations for violations of safety and soundness requirements. President George Bush, flanked by key members of Congress and his Adm inistration, signs FIRREA into law at a W hite House Rose Garden ceremony, August 9, 1989. maintain 70 percent of their assets in housing-related loans and other qualified assets. Also, savings associa tions will be required to meet capital and accounting standards similar to those imposed on national banks. Associations will have to meet new risk-based capital standards and main tain core capital of at least three per cent of assets. All “ supervisory goodw ill” must be phased out by January 1, 1995. CRA and HMDA Disclosure The new law mandates public dis closure of agency evaluations of in dividual institutions in meeting their local credit needs under the Community Reinvestment Act. It also expands the disclosure of fair lending data under the Home Mortgage Disclosure Act. Appraisal Standards Federal regulators are required to establish uniform real estate appraisal standards. The International Development and Finance Act of 1 9 8 9 (P.L. 1 0 1 -2 4 0 ) In recent years, U.S. banks have in creased their reserves against possible losses on loans to highly indebted countries in response to deteriorating conditions in those countries. However, members of Congress in 1989 were concerned that U.S. bank reserves in some cases still were significantly lower than those established by banks in other countries and may not be ade quate to deal with the potential risks. As a result, Congress passed this new law to increase the level of bank reserves while providing the regulators flexibility to deal with the specific needs of individual institutions. It re quires the federal banking agencies to review the resen/e levels of U.S. bank ing institutions for potential losses from loans to highly indebted coun tries. Based on their reviews, the agen cies are to provide direction to banks about whether they need to add to their reserves. The regulators can exempt all or part of a loan from higher reserve require ments based on factors that include the type of loan and the collateral backing it; the existence of World Bank/International Monetary Fund assistance programs for the country; and the individual bank’s capital, reserves and earnings prospects. The law also requires the agencies to report to Congress each year on actions taken under the law. Rules and Regulations 1989 Final Rules Advertisement of Membership August 9, 1989 The FDIC amended Part 328 of its regulations to require insured savings associations to display an official sav ings association sign. This sign was prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). It consists of a sym bol of an eagle with the statement, “ Deposits federally insured to $100,000 — backed by the full faith and credit of the United States Government.” The sign must be displayed at each station or window where insured deposits are normally received. The regulation also authorizes banks to display the savings association sign as an alternative to their traditional FDIC bank sign. Fair Housing December 12, 1989 The FDIC amended Part 338 of its regulations concerning fair housing to incorporate changes made by the Fair Housing Amendments Act of 1988. The FDIC’s changes amend the fair housing advertising and poster requirements for insured state nonmember banks by expanding prohibitions to include discrim inatory housing practices in “ residential real estate-related transac tio ns” (as defined by the Act) and discrim ination based on handicap or familial status. Entrance and Exit Fees for Conversion Transactions September 22 and December 12, 1989 The FDIC added, at Part 312 of its regu lations, a new interim rule prescribing entrance and exit fees to be paid by insured institutions that participate in certain conversion transactions permit ted by FIRREA. A conversion transac tion occurs when an institution changes its membership from the Bank Insurance Fund (BIF) to the Savings Association Insurance Fund (SAIF), or vice versa. In separate actions, the FDIC prescribed, on an interim basis, the entrance fee for SAIF to BIF conver sions (September 22, 1989) and the entrance and exit fees for BIF to SAIF conversions (December 12, 1989). Assessment Procedures December 5, 1989 The FDIC amended Part 327 of its regulations on the assessment of deposit insurance premiums. The new rule, issued in response to FIRREA, essentially preserved existing pro cedures that banks use to calculate and pay deposit insurance assessments, with some modifications, and created new rules for savings associations. Brokered Deposits December 5, 1989 The FDIC added, at Section 337.6 of its regulations, an interim rule implementing a provision of FIRREA that prohibits the acceptance or renewal of brokered deposits by any undercapitalized insured depository institution, except on specific application to and waiver of the prohibi tion by the FDIC. The interim rule pro vides guidance on when an institution is considered to be undercapitalized, when certain deposits are considered to be “ brokered” and the circumstances under which a waiver may be granted. The rule was written so that it would automatically terminate six months after it takes effect unless it is modified, replaced or extended. The FDIC Board extended the interim rule twice, most recently until November 9, 1990. Applications to Add or Replace Directors, or to Name New Senior Executive Officers December 5, 1989 The FDIC added, as an interim rule, a new section 303.14 to Part 303 of its regulations. The new section implements FIRREA’s requirement that certain insured state nonmember banks file a notice with the FDIC prior to adding or replacing a director, employing a senior executive officer or promoting an in dividual to senior executive officer. The FDIC may disapprove plans to employ an individual whose service in not con sidered to be in the best interest of depositors or the public. A bank comes under the notice requirement if it has been chartered less than two years, if it has undergone a change in control within the preceding two years, or if it is determined to be in a “ troubled con dition.” The FDIC also added as an in terim rule a new Subpart L to Part 308 of its regulations that sets out the rights an individual or a bank may exer cise upon receipt of a notice of disap proval under the new section 303.14. The new subpart also explains the pro cedures the individual or the bank must follow in pursuit of those rights. Activities and Investments of Savings Associations December 12, 1989 The FDIC added, as an interim rule, a new section 303.13 to Part 303 of its regulations to implement provisions of FIRREA that impose new restrictions on savings association powers. The new section governs applications and notice procedures for state savings associations to engage in activities and make investments that are not permissible for federal savings associa tions. The section governs divestiture of certain prohibited equity investments by state savings associations and divestiture of debt securities that are not of investment grade (so-called “ junk bonds” ) by state and federal savings associations. It also sets out the rules for the acquisition or establishment of a subsidiary by a savings association or the engagement in new activities by a subsidiary of a savings association. The FDIC also amended its procedures for handling applications and making decisions under delegated authority in connection with its new responsibilities under FIRREA. Foreign Banks March 31 and June 20, 1989 In two separate actions, the FDIC adopted major amendments to Part 346 of its regulations, which govern the operations of U.S. branches of foreign banks that are required to obtain deposit insurance under the International Bank ing Act of 1978. An asset maintenance concept, which is intended to serve the same purpose as the minimum capital requirement for dom estic banks, replaced the capital equivalency ledger account. Other substantial revisions included the elimination of restrictions on country exposure concentrations and exemptions from the requirement that branches obtain deposit insurance. Securities Disclosure December 5, 1989 The FDIC amended Part 335 of its regulations governing registration and disclosure of bank securities. In general, the rule affects insured state nonmember banks that have 500 or more stockholders and total assets of more than $1 million. Revised rules were adopted pertaining to independent audits, disclosures of executive compensation and other matters. The amendments make the FDIC’s securities disclosure requirements substantially the same as those of the Securities and Exchange Commission, in accordance with Sec tion 12(i) of the Securities Exchange Act of 1934. Among the differences from past procedures is a shorter time period for institutions to report changes in accountants and resignations of bank directors. Annual financial statements by banks subject to Part 335 also must be audited by an independent public accountant. The amendments took ef fect on January 29, 1990, except for the audit requirement, which takeseffect for financial statements issued after December 15, 1990. technical changes to existing deposit insurance rules that would affect customers of all banks and savings associations insured by the FDIC, including th rift institutions previously insured by the FSLIC. Some of the pro posed changes were intended to resolve differences between the regula tions and interpretations of the FDIC and those of the former FSLIC. Others, in essence, were proposed to update the FDIC’s deposit insurance regula tions, which had not been substantially revised since they were first adopted in 1967. The FDIC Board approved final regulations on April 30, 1990. With cer tain exceptions, the new regulations took effect on July 29, 1990. Rapid Asset Growth March 21, 1989 Regulations Transferred from the FSLIC to the FDIC October 12, 1989 As required by FIRREA, the FDIC and the Office of Thrift Supervision (OTS) jointly identified those regulations of the former Federal Home Loan Bank Board and the former Federal Savings and Loan Insurance Corporation (FSLIC) that relate to the conduct of conser vatorships and receiverships, the insur ance of accounts and the administration of the FSLIC Fund. These regulations were allocated between the OTS and the FDIC. Those former FSLIC rules allocated to the FDIC were redesignated and transferred to the FDIC’s regulations. Proposed Rules Deposit Insurance December 5, 1989 The FDIC issued a proposal to com pletely revise Parts 330 and 331 of its regulations concerning deposit insur ance. The proposal was issued, in part, to comply with certain provisions of FIRREA. The proposal included many Since a number of institutions in re cent years had grown very rapidly in a short period of time and later developed serious financial problems, the FDIC proposed that any insured bank planning to grow by more than nine percent of assets during any threemonth period be required to provide the agency with 30 days’ advance w rit ten notice. The FDIC also proposed that if an institution experienced unplanned growth of more than nine percent it would have seven days to notify the agency in writing. The aim of the proposal was to enhance the FDIC’s ability to m onitor rapid growth in time to apply appropriate supervision and avoid losses to the deposit in surance fund. As a result of comments received, the FDIC adopted a more nar row final rule on April 3, 1990. Under the final rule, which became effective on July 23, 1990, a bank must give the FDIC 30 days’ advance notice only when planning to increase its assets 7.5 percent or more during any threemonth period through any combination of fully insured brokered deposits, fully insured out-of-territory deposits or secured borrowings, including repur chase agreements. Advance Notice of Proposed Rulemaking Advertisement of Membership August 9, 1989 M ic h a e l Sargent/The White House The FDIC issued a notice of proposed rulemaking to advise the public that it was considering amending Part 328 of its regulations concerning advertise ment by insured depository institutions. The notice invited the public to com ment on whether each insured savings association should be required to display a statement in its advertisements that its deposits are federally insured, as insured banks are required to do. In the alternative, the FDIC asked whether it should eliminate the existing require ment for insured banks. The notice also invited the public to comment on whether there is a need for regulations implementing FIRREA’s requirement that uninsured savings associations disclose, in their advertisements and account statements, the fact that their deposits are not insured. President Bush, FDIC Chairman Seidman (far right) and others at W hite House press conference announc ing plans to resolve the S&L crisis, February 6, 1989. Others, from left: Federal Home Loan Bank Board Chairman M. Danny Wall, Comptroller of the Currency Robert L. Clarke, Attorney General Richard Thornburgh and Federal Reserve Board Chairman Alan Greenspan. Federal Deposit Insurance Corporation Bank Insurance Fund Statements of Income and the Fund Balance (Dollars in Thousands) ' For the year ended December 31 1988 1989 Revenue: ' Assessments earned (Note 9) I- . $ 1,885,029 Interest on U.S. Treasury obligations Other revenue 1,371.962 - ; ‘' \ $ 1,773,011 1,396.402 237,637 3,494,628 3,347,658 213,855 Total Revenue 178,245 223,911 Expenses and Losses: Administrative operating expenses Merger assistance losses and expenses Provision for insurance losses (Note 5) Nonrecoverable insurance expenses Total Expenses and Losses Net Income (Loss) Fund Balance - January 1 Fund Balance - December 31 See accompanying notes ' -■ ; • , .. 235,314: 1,023,926 3,811,290 6,298,266 85,776 42,267 4,346,235 7,588,370 (851,607) (4,240,712) 14,061,130 : 18,301,842 $13,209,523 $14,061,130 Federal Deposit Insurance Corporation Bank Insurance Fund Statements of Financial Position (Dollars in Thousands) ' * . : - >- 1 ‘ • December 31 ' 1989 1988 Assets Gash and cash equivalents (Note 3) $ 4,813,914 $ 2,928.010 Investment in U. S. Treasury obligations, net (Note 4) 8,925,360 13,292,644 Accrued interest receivable on investments and other assets • 279,333 652,119 Net receivables from bank assistance and failures (Note 5) 5,498,127 5,813,873 97,673 77,534 $19,614,407 $22,764,180 Property and buildings (Note 6) Liabilities and the Fund Balance * , Accounts payable, accrued liabilities and other , . *■' \ 49,701 64,763 Liabilities for estimated bank assistance (Note 7) 3,820,297 3,877,376 Liabilities incurred from bank assistance and failures (Note 8) 2,412,685 4,651,388 122,201 ; 109.523 6,404,884 8,703,050 13,209,523 14,061,130 $19,614,407 $22,764,180 Estimated losses from litigation Total Liabilities Fund Balance See accompanying notes Federal Deposit Insurance Corporation Bank Insurance Fund Statements of Cash Flows (Dollars in Thousands) For the year ended December 31 v . \ | , „ ; 1989 1988 Cash Flows From Operating Activities: Cash inflows from: Assessments earned $ 1,885,029 $ 1,773,011 Interest on U.S. Treasury obligations 1,446,156 1,492,126 Recoveries from bank assistance and failures 4,285,312 4,451,660 Increase (decrease) in accounts payable, accrued liabilities and other (15,064) H I ' 60,999 Cash outflows for: 214,294 226,245 6,637,407 6,639,154 (372,786) 204,951 1,112,518 707,446 6,092,095 3,390,000 1,773,967 1,985,938 21,527 5,483 4,296,601 1,398,579 Liabilities assumed from bank assistance and failures 3,553,215 502,957 Cash Used by Financing Activities 3,533,215 502,957 Net Increase in Cash and Cash Equivalents 1,885,904 1,603,068 Cash and Cash Equivalents - January 1 2,928,010 1,324,942 $4,813,914 $ 2,928,010 Administrative operating expenses Disbursements for bank assistance and failures Increase (decrease) in accrued interest receivable on investments and other assets Net Cash Provided by Operating Activities Cash Flows From Investing Activities: Cash inflows from: Maturity and sale of U.S. Treasury obligations Cash outflows for: Purchase of U.S. Treasury obligations Property and buildings Net Cash Provided by Investing Activities Cash Flows From Financing Activities: Cash outflows for: Cash and Cash Equivalents - December 31 See accompanying notes F I N A N C I A L S T A T E M E N T S Notes to Bank Insurance Fund (BIF) December 31, 1989 and 1988 , .j® j 1. Impact of FIRREA Legislation The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) became public law on August 9,1989. The primary purpose of the legislation was.to reform, recapitalize, and consolidate the federal deposit insurance system so as to restore the public’s confidence in the savings and loan industry and to ensure a safe and stable system of affordable housing finance through major regulatory reforms, strengthened capital standards and safeguards for the disposal of recoverable assets. FIRREA abolished the Federal Savings and Loan Insurance Corporation (FSLIC) and the Federal Home Loan Bank Board (FHLBB). Their functions were transferred, in a prescribed manner, to the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision, the Federal Housing Finance Board, and the Resolution Trust Corporation (RTC). Under FIRREA, the FDIC became the administrator of two separate and distinct insurance funds: the Bank Insurance Fund (BIF formerly the Deposit Insurance Fund) which insures the deposits of all BIF-member banks, and the Savings Association Insurance Fund (SAIF) which insures the deposits of all SAIF-member savings associations (formerly a function of the FSLIC). Both insurance funds are maintained separately to carry out their respective legislative mandates, with no commingling of assets or liabilities. The FSLIC Resolution Fund (FRF), a third separate fund under FDIC management, and the RTC replaced the FSLIC in case resolution activities. The FRF will complete the resolution of all thrifts that failed or were assisted before January 1, 1989; the RTC will resolve all troubled thrift cases that occur from January 1, 1989 through August 8, 1992, after which the SAIF will begin resolving cases. These financial statements pertain to the financial position, results of operations, and cash flows of the Bank Insurance Fund only. 2. Summary of Significant Accounting Policies General These statements do not include accountability for assets and liabilities of closed insured banks for which the BIF acts as receiver or liquidating agent. Periodic and final accountability reports of the BIF activities as receiver or liquidating agent are furnished to courts, supervisory authorities, and others as required. U. S. Treasury Obligations Securities are shown at amortized cost, which is the purchase price of securities less the amortized premium or plus the accreted discount. Such amortizations and accretions are computed on a daily basis from the date of acquisition to the date of maturity. Interest is also calculated on a daily basis and recorded monthly using the constant-yield method. Allowance for Loss on Receivables From Bank Assistance and Failures The BIF records as a receivable the funds advanced for assisting and closing banks and establishes an estimated allowance for loss. The allowance for loss represents the difference between the funds advanced and the expected repayment, based on the estimated cash recoveries from the assets of the assisted or failed bank, net of all liquidation costs, and also from dividends received from, and sale of, equity instruments acquired in assistance agreements (the proceeds of which are deferred pending final settlement of the assistance transaction). Litigation Losses The BIF establishes an estimate for potential loss for litigation against the BIF in its corporate and receivership capacity. The FDIC Legal Division recommends these estimated losses on a case-by-case basis J H * Depreciation The cost of furniture, fixtures, and equipment is expensed at time of acquisition. This policy is a departure from generally accepted accounting principles; however, the financial impact is not material to the BIF financial statements. The Washington Office Buildings are depreciated on a straight-line basis over a 50-year estimated life. The San Francisco Condominium Offices are depreciated on a straight-line basis over a 35-year estimated life. Merger Assistance Losses and Expenses The costs incurred by the BIF which resulted from either providing assistance to open insured banks or merging of insured banks are recorded as merger assistance losses. These costs, which are not liquidation-related, are specified in the terms of the agreements and have no potential for recovery by the BIF. “ Nonrecoverable Insurance Expenses * . • Nonrecoverable insurance expenses are incurred by the BIF as a result of (1) paying insured depositors in closed bank payoff activity; (2) administering and liquidating assets purchased in a corporate capacity; (3) bid-package preparation for assistance transactions; and (4) bridge bank operations. ' , v Reclassifications — . • Reclassifications have been made in the 1988 Financial Statements to conform to the presentation used in 1989‘. ^ ^ ^ ^ ^ ^ S p 3. Cash and Cash Equivalents . , The BIF considers cash equivalents to be short-term, highly liquid investments with original maturities of three months or less. This includes the purchase of one-day Special Treasury Certificates: rliSraSEP ' J ' ■ ■ ; . • CM) (Dollars in thousands) December 31 1989 Cash Cash Equivalents $ 77,443 1988 $ 12,644 4,736,471 2,915,366 $4,813,914 $2,928,010 4. U. S. Treasury Obligations ' y/J. • Alt cash received by the Bt.F not used to defray operating expenses or for outlays related to assistance to banks and liquidation activities or invested in short-term highly liquid • ' Investments is invested in U. S. Treasury obligations. The BIF investment portfolio consists of' the following:. * •' ' (Dollars irt thousands) December 31 j 1989 Yield to Maturity at Market Book Vafue v /M a rk e t Value Face \ ' " Value Maturity Description Less than one year U.S.T. Bills, Notes & Bonds 8.16 $ 1,812.004 $ 1,824;807 $ 1,800,000 1-3 years U.S.T. Notes & Bonds 7.99 5,446,301 5,414,175 5,300,000 3-5 years U.S.T. Notes & Bonds 7.97 1,667;055 1 669,277 . 1,700,000 v ‘:: "****’*+" VS' '■ ? ~ V- A ->S- '. i - $ 8,925,360 $8,908,259 $ 8,800,000 December 31,1988 Yield to Maturity at Market Book Value Market Value - Face Value Maturity Description Less than one year U.S.T. Bills Notes & Bonds 9.07 $ 4,289,304 $ 4,302,784 $ 4,280'000 1-3 years U.S.T. Notes & Bonds 9.21 5,004,351 .4,935,705 . 4,900.000 3-5 years U.S.T. Notes & Bonds 9.2! 3,998,989 3,809,137 3,900:000 $13,292,644 $13,047,626 $13,080,000 The unamortized premium, net of unaccreted discount, for 1989 and 1988 was $125,360,000 and $212,644,000, respectively. The amortized premium expense, net of accreted discount income, for 1989 and 1988 was $49,157,000 and $95,724,000, respectively. 5. Net Receivables from Bank Assistance and Failures December 31 1989 . Receivables from Bank Assistance: , V-'.'V' 1988 ; $ 1.640.443 $ 1,301,753 Facilitate deposit assumptions 36.000 36,000 Facilitate merger agreements 134,398 350,648 14.366 8,257 Open banks Accrued interest receivable Allowance for losses . c (1,153,122) (1,110.328) (5,198) -0- 666,887 Deferred settlements 586,330 Bridge Bank Receivables: Capitalization . • Accrued interest receivable 1,950,000 93,582 ; Allowance for losses 1,008,241 8,866 (1,750,000) -0-. 293,582 1,017,107 2,018,692 2,153,189 Continental. Bank (CINB) Assistance: Loans and related assets ‘ Dividends receivable ^ ^ Preferred stock/common stock -o- 73,436 12,797 515,436 Allowance for losses (1,057,727) (1,280,110) Deferred settlement (284,217) (159,090) 750,184 1,242,222 Insured Depositor Payoffs 4,952,026 3,207,323 Depositors’ claims unpaid 79,055 32,841 9.347,867 8,456,417 523,239 500,999 Receivables from Bank Failures: Purchase and Assumption transactions Corporate Purchase transactions Allowance for losses \ (11,114,713) (9,229,366) 3,787,474 2,968,214 $5,498,127 $5,813,873 1989 Analysis of Changes in Allowance for Losses (Dollars in thousands) Beginning Balance Open bank assistance ^ ' $ 1,110,328 P"' y ‘/ CINB Provision For Loss $ 42,794 /'is / ih 1 1,439,200 * $ ’* (222,383) Ending Balance Transfers & Adjustments -0- n* j u" x (159,090) ; $ 1,153,122 l 1,057,727 -0- -0- 1,750,000 1,750,000 Insured Depositor Payoffs 2,006,406 1,172,612 (12,959) 3,166,059 Purchase and Assumptions 6,925,445 877,658 (77,138) 7,725,965 297,515 (74,826) Total Closed Banks 9,229,366 1,975,444 (90,097) 11,114,713 Liabilities for estimated bank assistance 3,877,376 2,002,757 (2,059,836) 3,820,297 109,523 12,678 -0- 122,201 Total Allowance for Losses $ 15,765,793 $3,811,290 Bridge Banks Closed Banks: Corporate Purchases Estimated losses from litigation -0- 222,689 $(559,023) $19,018,060 1988 Analysis of Changes in Allowance for Losses (Dollars in thousands) .r Beginning Balance Open bank assistance $115,105 Transfers & Adjustments Provision For Loss $ 53,271 $ 941,952 ** - - ’’j ' ; ^ $ 1,110,328 t.CJ? -o- 1,439,200 423,578 (52,034) 2,006,406 5,072,785 1,966,368 (113,708) 6,925,445 120,690 179,825 (3,000) 297,515 6,828,337 2,569,771 1,640,852 (201,652) Insured Depositor Payoffs 1,634,862 Purchase and Assumptions v, Ending Balance CINB • *-r-'t; Closed Banks: Corporate Purchases Total Closed Banks 1 Jj | g jj| g j| ^ Liabilities for estimated bank assistance ! 1,236,952. 3,877.376 ' 7-. v 1 Estimated losses from litigation 600 $9,821,846 ■ 9,229,366 : %V tv ‘ i (1,236,952) ■ 3,877,376 109,423 109,523 r x (500) ’ § § 1 |§ 11 Total Allowance for Losses (168,742) , $ 6,298,266 $ (354,319) $15,765,793 The BIF liabilities for estimated bank assistance include amounts transferred to other line items, adjustments for cash outlays, and deferred settlements. . First RepublicBank/NCNB Texas National (Bridge Bank) ' * • ' {y'' During 1989, the FDIC sold its shares of stock in NCNB Texas National Bank to NCNB Corporation for $1.1 billion, resulting in a gain of approximately $270 million. , . •• < ’;*• r Termination and final asset pool settlement is scheduled to occur on the fifth anniversary • ; _ (November. 22,1993) of the agreement. At the time of termination, the FDIC must (a) •, • purchase remaining unliquidated assets at fair market value; (b) settle with NCNB for the - . current settlement account balance arising from administering the Separate Asset Pool; and (c) settle with NCNB for deferred settlement account balances arising from gains and losses on disposition of assets as well as charge-offs and write-ups of pool assets, . • . ^ ~ The Separate Asset Pool balance on December 31,1989 was $4.7 billion. Total estimated cost for the length of the entire Assistance Agreement is projected to be $2.9 billion. ‘ ' r„ MCorp/BancOne (Bridge Bank) > On March 28,1989, twenty of the twenty-five MCorp subsidiary banks were declared insolvent by their chartering authorities and subsequently closed, with the FDIC appointed receiver. The FDIC organized a new Deposit Insurance Bridge Bank, N.A., Dallas, Texas, chartered by the Comptroller,6f the Currency (OCC) to purchase all assets and assume . deposits and certain non-deposit liabilities from the failed institutions. On July 5,1989, the FDIC, BancOne Corporation, BancOne Texas Corporation, and BancOne Texas, N.A. entered into a financial assistance agreement designed to capitalize and stabilize the new bridge bank. The final approval on January 1,1990 of the principal terms of BIF outlays and costs for the merger assistance included: a) The BIF will purchase 3,375,000 shares of Class B non-voting Convertible Common Stopk and‘1,250,000 shares of Class C non-voting Common Stock of BancOne Texas, N.A. in exchange for a note payable in the amount of $416.3 million due on or before the day 0ft V , , WhiGh tfie FDIC no Iohger own& any shares trf sach stpck.' b) The BIF funded negative equity of the Bridge Bank (including Bridge Bank operating losses) during its tenure of operation (March 29, 1989 to December 31, 1989), as well a s . mark-to-market for assets and liabilities as of the date of BancOne’s acquisition, 'January 1990. During January 1990, total funding of $2.6 billion was paid by (i) assumption of FRB indebtedness including principal and interest totalling $1.519 billion and forgiveness of a $300 million subordinated note advanced to the Bridge Bank, and (ii) a non-negotiable promissory note to BancOne Texas in the amount of $737 million due on or before March 1,1995. _ c) By terms of the assistance agreement, the BIF and BancOne Texas, N.A. transferred to a Separate Asset Pool $2.5 billion of troubled assets and owned real estate of the insolvent MCorp banks. BancOne retains the right to transfer additional troubled loans to the Separate Asset Pool during its first two years of operations. Administration and funding costs of tlie - w Separate Asset Pool are to be borne by the BIF during its five year tenure. ? V Final settlement on the Separate Asset Pool will occur no later than January 1, 1995. At such time, the BIF will settle with BancOne Texas, N. A, for the current settlement account balance arising from the administration of the separate asset pool and for the deferred settlement account balance arising from gains and losses on the disposition of assets as well as charge-offs and write-ups of pool assets. In addition, the BIF will purchase the remaining unliquidated assets of the pool at fair market value. The total estimated cost to the BIF is $2.7 • billion.. • ’ '> Texas American Bancshares/Texas American (Bridge Bank) On July 20, 1989, the twenty-four subsidiary banks of Texas American Bancshares, Inc. were declared insolvent by their chartering authorities and subsequently closed, with the FDIP' appointed receiver. Pursuant to the authority granted in 12 U.SC. 1821, the FDIC organized, a new national “bridge bank” called Texas American Bridge Bank, N.A., Fort Worth, Texas, to ; purchase all assets and assume deposits and certain non-deposit liabilities from the failed • institutions.’ ’• Afedon July 20, 1989, the FDIC Board of Directors approved the acquisition of Texas’ v ' < American Bridge Bank by Deposit Guaranty Bank, Dallas, Texas. An Interim Management. Agreement was executed for the operation of the bridge bank pending completion of the. 'V : assistance agreement. The financial assistance agreement was consummated on January ; 31,1990, principal terms of which included: (a) the BIF funded negative equity of the Bridge Bank (renamed Team Bank) including the Bridge Bank operating losses incurred during its tenure of operation July 20,1989 through January 31, 1990, as well as mark-to-market of .'/■ certain assets and liabilities as of the date of Deposit Guaranty acquisition January 31, f99Q; and (b) the FDIC and Deposit Guaranty Bank transferred approximately $772 million of /troubled assets and owned real estate of the insolvent Texas American institutions to a Separate Asset Pool for liquidation. Administration and funding costs of the Separate Asset Pool are to be borne by the BIF. Total estimated cost to the BIF is approximately $900 million. CINB Assistance The CINB assistance agreement, entered into on September 26,1984, between the FDIC, the Federal Reserve Board, the Comptroller of the Currency, and a group of major U. S. banks terminated when it reached its prescribed valuation date on September 26,1989. The Bank Insurance Fund (BIF) made the final payment for the indebtedness assumed of $2.2 billion on September 26, 1989. During the term of the agreement, collection proceeds totaled $2.6 billion. Application of the proceeds were to administrative costs and interest expense totaling $176 million and $1.1 billion, respectively, and $1.3 billion in principal payments owing under the FRB agreement. The BIF estimated allowance for loss as of December 31, 1989 was $1.0 billion, which represents the difference between the amount funded and the amount BIF estimates as recoverable from the remaining assets and future proceeds from the sale of equity instruments, which will be deferred until final disposition of the remaining assets. Under the terms of the agreement, on the valuation date, the BIF exercised its option to acquire from Continental Illinois Holding Corporation (CIHC) the 10,080,809 remaining shares of Continental Bank Corporation (CBC) common stock. For every $20 of loss the BIF incurred, the BIF was entitled to acquire one share of CBC common stock at an exercise ' price of $0.00001 per share: 5 / - . • ■ During 1989, the BIF sold all its shares (12.838 million) of the Continental Bank Corporation (CBC) Adjustable Rate Preferred Stock, Class A, valued at $280 million, for $273 million. Also, 7.2 million shares of CBC Junior Perpetual Convertible Preference Stock, valued at $162 million, was sold for $217 million. Cash dividends received for the year ended December 31,1989 on the Junior Perpetual Convertible Preference Stock and the Adjustable Rate Preferred Stock, Class A were $11.4 million and $25.8 million, respectively. The gain on sale and the cash dividends received are being deferred until final disposition has been made of the remaining assets. In addition, the BIF has remaining 3.264 million shares of the Junior Perpetual Convertible Preference Stock, which has a fair market value as of December 31,1989 of $81 million. ’ ■’ Also, the BIF retains the 10,080,809 shares of CBC common stock resulting from the exercise of the option, that as of December 31,1989 has a fair market value of $199 million. Net Worth Certificate Program The net worth certificate program was established at the FDIC by authorization of the Garn-St Germain Depository Institutions Act of 1982. Under this program, the BIF would purchase a qualified institution’s net worth certificate and, in a non-cash exchange, the BIF would issue its non-negotiable promissory note of equal value. The total assistance outstanding to qualified institutions as of December 31,1989 and 1988, is $258,539,000 and $321,897,000, respectively. As of December 31,1989 and 1988, the financial statements excluded $258,539,000 and $321,897,000, respectively, of net worth certificates, for which no losses are expected. The original authority to issue net worth certificates expired October 13,1986. The Competitive Equality Banking Act of 1987 reinstated the net worth certificate program through October 1 3 ,199T. ,' JaM B 6. Property and Buildings (Dollars in thousands) ;; '■ December31 - % 1989 $ 31,930 $ 31.850 77,643 56,197 (11,900) Land ' 1988 (10,513) Office buildings Accumulated depreciation $ 77,534 $ 97,673 ' The'BIF 4776' FStreet property notes payable of $5,939,000 were paid in full as of », - December 31,1989. t \ A portion of depreciation expense is allocated to the failed banks as liquidation expens^. 1n both 1989 and 1988, the amount of depreciation expense-allocated to the failed banks was $496,000. «.-! : : 7. Liabilities for Estimated Bank Assistance The BIF records an estimated loss for its future or potential assistance to those banks which the regulatory process has identified as being distressed and where ongoing negotiations and/or current agreement terms indicate that BIF assistance will be necessary. The BIF outstanding liabilities for this estimated bank assistance as of December 31,1989 and 1988, are $3,820;297,000 and $3,877,376,000, respectively. The BIF has included in the December 31,1989 Liabilities for Estimated Bank Assistance, $535,963,000 of realized proceeds from the sale of equity instruments and other such transactions associated with the assisted institution. BIF defers recognition of such proceeds pending final termination of the assistance agreement. Such proceeds are available to fund future assistance costs and have been considered in determining the estimated loss to the BIF for future assistance. ‘ , , • *8 ' , > ’ 8. Liabilities Incurred from Bank Assistance and Failures (Dollars in thousands) , December 3 1 ' •, ; ‘ 1989 Funds held in trust • •. $ ,, Depositors’ claims unpaid 233,278 ' / - Accrued interest/other liabilities 32,841 798,982 Federal indebtedness $ 79,055 Notes indebtedness . Guaranty assistance 489 1988 998,818 6.660 14,539 1.450,000 3,316,178 77,499 55,734 $2,412,685 $4,651,388 Maturities of these liabilities for each of the next five years and thereafter: (Dollars in thousands) 1990 $1,808,614 :: 1991 $206,311 1992 $199,558 1995/ thereafter 1993 $103,919 $5,741 $88,542 / v',x:* '' V ' ■9- Assessments '■ | | | | | ’ r- ..• ! The Federal Deposit Insurance (FDI) Act, as amended by FIRREA, directs that the FDIC set . ‘ ■' \ > - assessment rates for the Bank Insurance Fund members annually in accordance with the legislatively mandated rates against a member's average assessment base."v ’ The FDI Act also provides for an assessment credit to BIF members when the Board of • Directors determines that the BIF reserve ratio is expected to exceed the designated reserve > ratio in the succeeding year, after taking into account expected expenses and revenues. The FDI Act defines the BIF designated reserve ratio as (i) 1.25 percent of estimated insured ’ deposits.; or (ii) a higher percentage, not to exceed 1.50 percent, as determined by the B o a rd ^ /' ■ ;of'C$r©fctors toccivterexpected risks of r r w- ' • The assessment rate is 0.12 percent for calendar year 1990. Based on the present p r o j e c t e d - v status of the BIF, and anticipated expenses and revenue for the next year, the reserve ratio is expected to exceed the designated reserve ratio. Therefore, insured members will not "f: receive an assessment credit in 1990. ■ ' \ ’ /, • ' 9 4 /:' ’** V .. •- 7';; . ^ -v-'-,-. y v - *• , < '• ’ ■/'*’ *- , ./ '» • s ’•; ' 't 10. Pension Plan and Accrued Annual Leave - The FDIC eligible employees assigned to the Bank Insurance Fund are covered by the Civil ^K ': .% ’ Service Retirement and Disability Fund. Matching employer contributions provided by the ' / •: for all eligible employees were approximately $13,786,000 and $13,404,000 for the years ending December S l/I^O S iand 1;p88, respectively. .Although the BIF contributes a portion of pension benefits for eligible employees and makes . ■/ the necessary payroll withholdings from them, the BIF does not account for the assets of th e - ffc Civil Service Retirement and Disability Fund and does not have actuarial data with respect to • . accumulated plan benefits or the unfunded liability relative to its eligible employees. These . . V 1 ‘ amounts are reported by the U. S. Office of Personnel Management (OPM) for the Civil * , Service Retirement and Disability Fund and are not allocated to the individual em ployer^;,-'. V J ' OPM also accounts for'all health and life insurance programs for retired BIF eligible-;/'♦ ^ - The BIF liability to employees for accrued annual leave is approximately $18,430,000 a n d 'J S lg $14,698,000 at December 31,1989 and 1988, respectively. BIF lease agreement commitments for office space are $150,921,000 for future years.- / . / &• ? -> x , The agreements contain escalation clauses resulting in adjustments, usually on an annual :•r - b a s i s . During 1989 and 1988,-lease space expense was $29,390,000 and $34,038,000, / respectively. Leased space fees for future years are as follows: ' ‘ • ' (Dollars in thousands); ^ J t'\ ’* ' v i •" v ' * 4' \ 1990 ' $31,835. 1991 $25,223; '' :/y : 1995/ 1992_________ 1993__________ 1994_______ thereafter $18,363 $14,540 $11,758 $49,202 • 12. Entrance and Exit Fee Revenue In accordance with FIRREA provisions, the BIF will receive both entrance and exit fees for conversion and transfer transactions between the BIF and the SAIF. Interim regulations \" r describing the fee calculations have been approved by the FDIC Board of Directors, however, revisions are anticipated with final approval expected in the coming year. The BIF has elected not to record the entrance and exit fee revenues which had been '■ calculated using the interim regulations until the regulations have been finalized. ‘ ■ • i / Approximately $2.4 million in revenues had been calculated for conversion and transfer transactions consummated as of December 31, 1989. ’ •. \ . ‘ \ 13. Contingencies • , VvU The FDIC and bank chartering authorities are directing additional resources to the monitoring of the financial condition of certain large banks predominately located in the Northeast region., These institutions are experiencing the effects of softening real estate markets and ■y-;U : weakening state economies and may, in time, require financial assistance from the BIF. At .; this time, however, the FDIC cannot reasonably estimate the timing of such assistance or the expected cost to the BIF. Depending bn the extent of the continued downturn in the condition of these segments of the economy in the Northeast, the financial assistance required could have a material'impact on the condition o f tfje.Bank' Insurance Fund/tself’: • . 14. Supplementary Information Relating to the Statements Of Cash Flows v * Reconciliation of net income (loss) to net cash provided by operating activities (Dollars in thousands) ■ ' , , - ' . ' . ’ ./ For the year ended December 31 ' 1989 $ Net Income (Loss) Adjustments to reconcile net income (loss) to net cash provided by operating activities: , _ '; _ 1988 (851,607) * $ (4,240,712) ■ ' Amortization of U. S. Treasury obligations 49.156 95,724 Interest on Funds Held in Escrow 25.037 -0- 1,387 891 3,811,290 6,298,266 (127,425) 12,934 Loss incurred for debt assumption -0- 1,000,000 Loss incurred for forgiveness of note receivable -0- 131,759 (2,143,042) (2.447.464) (15,064) 60,999 Building depreciation • Provision for insurance losses ’, Accrual of assets and liabilities from bank assistance and failures • ■ ' Net cash disbursed for bank assistance and failures n o t impacting income Increase (decrease) in accounts payable, accrued liabilities and other (Increase) decrease in accrued interest receivable on investments and other assets Net cash provided by operating activities ^ > -372,786' $ 1,122,518 , $ (204,951) 707,446 Schedule of noncash transactions incurred from bank assistance and failures (Dollars in thousands) - ■, ’ For the year ended December 31 . 1989 Increase (decrease) in net receivables from bank assistance and failures: Preferred stock ’ ‘ 1988 ; •; $ (941,952) (453,787) 62,945 (1,450,000) (990,773) (46,213) Total Increase (Decrease) 14,124 (1,950,000) Transfer of allowance for loss 18,673 46,213 Depositors’ claims unpaid 2,100 -0- Notes in lieu of cash $ 970,000 1,770,000 Notes receivable (320,000) (14,124) Decrease (increase) in liabilities incurred from bank assistance and failures: Notes payable Pending claims of depositors 1,950,000 Liabilities for estimated assistance transfer 453,787 Total Decrease (Increase) 941,952 $ -0- (62,945) $ - 0- GAO United States General Accounting Office Washington, D.C. 20548 Comptroller General of the United States B-114831 To the Board of Directors , . Federal Deposit Insurance Corporation We have audited the financial statements of the Bank - . Insurance Fund for the years ended December 31, 1989 and 1988, and have issued our opinion thereon. This report pertains only to our study and evaluation of the Federal Deposit Insurance Corporation's internal control structure as it relates to the Bank Insurance Fund for the year ended December 31, 1989. The report on our study and evaluation of the Corporation's internal control structure for the year ended December 31, 1988, is presented in GAO/ AFMD-.89-63, dated-April 28, L989. ; k We conducted our audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit td obtain ’ reasonable assurance about whether the financial statements are free of material misstatement. • ‘ ■/ " “ ■ In planning and performing our audit of the financial statements of the Bank Insurance Fund for the year ended 1. December 31, 1989, we considered its internal control. ■ structure in order to determine our auditing procedures for the purposes of expressing our opinion on the financial statements and not to provide assurance on the internal control structure. ■ ' . , • ' The Corporation's management is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with V generally accepted accounting p r i n c i p l e s . Because of inherent limitations in any internal control structure, , • errors or irregularities may nevertheless occur and not be detected. Also, projection of any 'evaluation of the internal control structure to future periods is subject to the risk that procedures may become inadequate because ofu • ‘ changes in conditions or that the effectiveness of the design and operation of policies and procedures may ' deteriorate."/ v ^ „ For purposes of this report, we have classified the Corporation's significant internal control structure policies and procedures into the following categoriesi^,;ir ^»4 '- ^ t r e a s u r y , consisting of policies and procedures over r . y “ ^-pash disbursements, cash receipts, and investmentv:-" . a c t i v i t i e s , and -. ' f - - assistance to problem banks, consisting of policies and ‘ •procedures over FDIC's supervision and liquidation activities for-failed or assisted banks. For all of the internal control structure categories listed above, we obtained an understanding of the design of the relevant policies and procedures and whether they have been placed in operation, and we assessed control risk. We performed limited tests of control procedures for all the categories listed above, except that we found it more efficient to rely solely on substantive audit tests for ,?^ investment and cash receipt activities. For alL:4> categories, we performed audit tests to substantiate . 5 account balances associated with each control category. Such tests can also serve to identify weaknesses in the internal control structure. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the specific internal control structure elements does not reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operation that we consider,to be material weaknesses as defined above. , However, we noted certain matters involving the internal)-;;.;, control structure and its operations that do not affect the fair presentation of the Bank Insurance Fund's financial statements, but which nevertheless warrant management's attention. We are reporting these other matters separately to the Corporation's m a n a g e m e n t ^ ^ ^ ^ ^ ^ S ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ S Charles A. B o w s h e r . . . Comptroller General of the United States June 28, 1990 Statistics Banks Closed Because of Financial Difficulties; FDIC Income, Disbursements and Losses The following tables are included in the 1989 FDIC Annual Report: Table 122 Number and Deposits of Banks Closed Because of Financial Difficulties, 1934-1989. Table 123 Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989. Table 125 Recoveries and Losses by the Federal Deposit Insurance Corporation on Disbursements for Protection of Depositors, 1934-1989. Table 127 Income and Expenses, Federal Deposit Insurance Corporation, by Year, From Begining of Operations, September 11, 1933, to December 1989. Table 129 Insured Deposits and the Bank Insurance Fund, 1934-1989. Deposit Insurance Disbursements Disbursements by the Federal Deposit Insurance Corporation to protect depositors are made when the insured depositors of failed banks are paid off, or when the deposits of a failed or fail ing bank are assumed by another in sured bank with the financial aid of the FDIC. In deposit payoff cases, the disbursement is the amount paid by the FDIC on insured deposits. In the insured deposit transfer, an alternative to a direct deposit payoff, the FDIC transfers the failed bank’s insured and secured deposits to another bank while uninsured depositors must share with the FDIC and other general creditors in any proceeds realized from liquidation of the failed bank’s assets. In certain deposit payoffs, the FDIC may deter mine that an advance of funds to unin sured depositors and other creditors of a failed bank is warranted. In deposit assumption cases, the prin cipal disbursement is the amount paid to facilitate a purchase and assumption transaction with another insured bank. Additional disbursements are made in those cases as advances for protection of assets in process of liquidation and for liquidation expenses. The FDIC also may purchase assets or guarantee an insured bank against loss by reason of its assuming the liabilities and purchas ing the assets of an open or closed insured bank. Under its Section 13(c) authority, the FDIC made a disbursement or approved other forms of assistance in 1989 for 45 operating banks. Noninsured Bank Failures S tatistics in this report on failures of noninsured banks are compiled from state banking departments, field super visory officials and other sources. The FDIC received no official reports of noninsured bank closings due to finan cial difficulties in 1989. For detailed data regarding noninsured banks that were suspended in the years 1934-1962, see the 1962 FDIC Annual Report, pages 27-41. For 1963-1989, see Table 122 of this report and previous reports for respective years. Sources of Data Insured banks: books of specific banks at date of closing and books of the FDIC, December 31, 1989. Table 122. Number and Deposits of Banks Closed Because of Financial Difficulties, 1934-1989 Number Deposits (In thousands of dollars) NonInsured1 Year Total Total 1,533 136 Total 1,397 1934 1935 1936 1937 1938 61 32 72 84 81 52 6 3 7 7 9 26 69 77 74 1939 1940 1941 1942 1943 72 48 17 23 5 12 5 2 3 1944 1945 1946 1947 1948 2 1 2 6 3 1949 1950 1951 1952 1953 9 5 5 4 5 1954 1955 1956 1957 1958 4 5 3 3 9 1959 1960 1961 1962 1963 3 2 9 3 2 1964 1965 1966 1967 1968 8 9 8 4 3 1969 1970 1971 1972 1973 Without With disbursements disbursements by FDIC2 by FDIC3 Total Total 1.968 13.320 27.508 33.349 59.684 2.661 17 242 31.941 40.370 69.513 157 722 142 430 29.717 19.185 12.525 157.772 142.430 29.717 19.185 12 525 181.514 161.898 34 804 22.254 14.058 1.915 5.695 347 7.040 10.674 1.915 5,695 347 7,040 10.674 2,098 6,392 351 6.798 10.360 4 5.475 5.513 3.408 3.170 18.262 4.886 4,005 3.050 2.388 18.811 3 1 1 2 998 11.953 11.330 1.163 8.240 1.138 11.985 12.914 1.253 8,905 1 1 5 2,593 6,930 8,936 2,858 7,506 9.820 23,444 26.179 23 438 43 861 103 523 '0 .S 7 8 22.524 23.438 43.861 103.523 10.878 22.524 25849 58.750 120.647 11.993 25 154 4 0 4 34 54,806 132,058 20 480 971,296 40.134 54,806 132,058 20,480 971,296 43.572 62.147 196.520 22.054 1.309.675 1.575,832 339,574 864,859 205,208 854 154 1,575.832 339.574 864.859 205.208 854,154 3.822.596 419,950 1.039.293 232,612 994,035 • ’ 0 696 216,300 3.826.022 9.908.379 5.44I.608 ’ 10.696 216.300 3.826.022 9 .908.379 5 .441.608 110,696 216300 3 8 2 6 .0 2 2 9 908.379 5.441.608 132 988 236,164 4 8 5 9 .0 6 0 1 1.632.415 7.026.923 2 883.162 8.059 441 6.471,100 6,281,500 24,931,302 24,090,551 2 .8 8 3 1 6 2 8.059.441 6 .471,100 6 ,281.500 24,931.302 24,090.551 2.883.162 8.059.441 6.471.100 6.281.500 24,931.302 24.090,551 3.276.41 1 8.741,268 6.991.600 6,850,700 35,697,789 29.168,596 9 25 69 75 74 37.333 13 988 28.100 34 205 60 722 35.365 583 592 528 1 038 1 968 13 405 27.508 33.677 59 684 60 43 15 20 5 60 43 15 20 5 160.211 142.788 29.796 19.540 12.525 2.439 358 79 355 2 1 1 5 3 2 1 1 5 3 1.915 5.695 494 7.207 10.674 4 4 2 3 2 9 .2 17 5 555 6.464 3.313 45.101 2.552 42 3.056 M3 390 6665 5.513 3.408 3.170 44 71 1 2 5 2 2 4 2 5 2 1 4 2 948 11.953 11.690 12.502 10.413 1.950 998 11.953 11.330 11 247 8.240 3 1 1 74,067,826 3 1 5 5 4 2 3 4 2 1 2 2 2 7 5 7 4 3 7 5 7 4 3 23.867 45.256 106.171 10 878 22.524 9 8 6 3 6 9 7 6 9 7 6 1 6 40 134 55 229 132.058 99.784 971,296 1974 1975 1976 1977 1978 4 14 17 6 7 4 13 16 6 7 4 13 16 1,575,832 340,574 865,659 205,208 854,154 1979 1980 1981 1982 1983 10 10 10 42 48 10 10 10 42 48 -o '0 '0 79 120 138 184 200 206 79 120 138 184 200 206 1 1 4 2 5 1 4 1 1 1 6 6 7 42 48 79 120 138 184 2 00 206 (in Thousands Dollars) 94,548,117 143,501 1 Without With disbursements disbursements by FDIC2 by FDIC3 74,026,679 74,211,327 2,593 7,965 10,611 4.231 23.444 1984 1985" 1986’ 19877 1 9887 19897 NonInsured’ 1,389 8 Assets4 Insured Insured 147 167 360 1.255 2.173 1.035 1.675 1.220 429 1.395 2.648 423 79.304 1.000 800 2,593 6,930 8,936 3.011 23.444 41,147 85 328 1.190 26 449 10.084 3.011 5 'F o r inform ation reg a rd in g each of these banks, see tab le 22 in the 1963 Annual Report {1963 and prior years), and e xplanatory notes to ta b ies re g a rd in g banks clo se d b e cau se of financial d ifficu ltie s in su b se qu e n t annual reports. O ne noninsured bank p laced in receiversh ip in 1934. with no d ep o sits at tim e of c lo sin g, is o m itte d (see tab le 22 note 9). D eposits are unava ila ble for seven banks. 2For inform ation re g a rd in g these cases, see tab le 23 o ‘ the Annual Report'or 1963 T o r inform ation re g a rd in g each bank, see the Annual Report for 1958. pp 48-83 and pp. 98-127. and ta b les reg a rdin g d e p o sit in su ra n ce d isb urse m e nts in su b se q u e n t annual reports. D eposits are a d iu sted as o ‘ D e ce m be r 31. 1982 "In su red banks only. 5Not available “ Includes data ‘or one ban k g ra n te d fin a ncia l a ssistance a lthough no d isb urse m e nt was req u ired until January 1986 http://fraser.stlouisfed.org/ra n te d fin a ncia l a ssistance u nd e r Section 13(c)(1 ) o ‘ the Federal D eposit Insurance A ct to prevent fa ilu re D ata ‘ or these b an ks are in clud e d in tab le 123. 'E x clu d e s data ‘ or b an ks g Federal Reserve Bank of St. Louis 101 Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Name and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO's) Total Deposits (SOOOs) FDIC Disburse ments (SOOO's) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location Insured Deposit Payoffs First C ontinental N ational Bank Houston. Texas N 700 8,400 8,800 8.758 February 15, 1989 Federal D eposit Insurance C orporation The Hom e S tate Bank A rcadia. K ansas NM 400 1.300 1,400 1.194 February 16. 1989 Federal D eposit Insurance C orporation Interstate B ank of C om m erce M iam i. Florida SM 1.000 5.200 5,500 5.060 M arch 31, 1989 Federal D eposit Insurance C orporation B ank of A urora A urora, C olorado SM 1.100 8,100 5.300 4,910 M ay 24. 1989 Federal D e po sit Insurance C orporation Fulshear S tate Bank Fulshear. Texas NM 1.400 9.000 9.300 9.082 June 8. 1989 Federal D eposit Insurance C orporation N 20.500 415.200 410.700 340,856 June 21, 1989 Federal D eposit Insurance C orporation NM 1.700 25,000 26,700 25,088 July 28. 1989 Federal D eposit Insurance C orporation N 5,100 16,500 16,000 14,374 N ovem ber 17, 1989 Federal D eposit Insurance C orporation N 800 37.800 36.300 35,493 D ecem ber 20, 1989 Federal D eposit Insurance C orporation C o m m un ity Bank, N.A. D ecker Prairie. Texas N 2,000 7.600 7.900 8.784 January 26. 1989 T om ball N ational Bank T om ball. Texas Texas N ational Bank Houston, Texas N 2,100 40,200 56,300 56,256 February 16. 1989 First G alleria Bank H ouston, Teaxs The First State Bank A bilene. Texas NM 27,500 262.300 171.800 239.922 February 17. 1989 N C N B Te xa s N ational Bank Dallas, Texas B ankers T ru st of Louisiana. N.A. K enner, Louisiana N 5,600 73.600 81.800 78.260 M arch 10. 1989 Investors B ank & T ru st C o m pany G retna, Louisiana M B ank A bilene, N.A. Abilene, Texas N N/A 189,400 196.800 181.029 M arch 28, 1989 The D eposit Insurance B ridge B ank, N.A. Dallas, Texas SM 56,300 866.600 707.700 756.737 M arch 31, 1989 P eoples S avings Bank W orcester, M a ssachusetts N 2,400 37.700 36.400 34.352 M arch 31, 1989 D eposit G uaranty Bank Dallas, Texas SM 600 11,300 10,800 10,255 M ay 19. 1989 Bank of Fountain Hills Fountain Hills. A rizona N 1.400 6,700 7,000 6,987 June 8, 1989 Lake B uchanan S tate Bank B uchanan Dam , Texas NM 1.400 14.200 14,300 14,218 June 8. 1989 Jourdanton S tate Bank Jo urdanton. Texas C apital B ank-N orthw est. N.A. S an A ntonio, Texas N 4.200 14.300 15,700 15,727 June 15 1989 M cM ullen C ounty S tate Bank Tilden. Texas Independent B ank-E ast, N.A. Rockwall, Texas N N/A 32.500 33.600 35,338 June 30. 1989 A m erican N ational B ank o f Terrell, N.A. Terrell, Texas G uardian Bank. N.A. H em pstead. N ew York E m pire S tate Bank New York, New Y ork S ecurity N ational B ank o f S hreveport S hreveport, Louisiana 1 0 2 First C ity N ational Bank and Trust C om pany New York, New Y ork Insured Deposit Transfers First S ervice Bank For Savings Leom inster. M assachusetts P rem ier Bank. N ational A ssociation Dallas. Texas G rand Canyon S tate Bank S cottsdale, A rizona Lake C ountry N ational Bank Burnet, Texas First A m erican Bank San A ntonio. Texas Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 FDIC Disburse ments (SOOO's) Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location Class of Bank Number of Depositors or Accounts NM 1.700 4,900 5,000 4.990 Ju ly 5, 1989 The N odaw ay V alley Bank M aryville. M issouri B ennett N ational Bank Bennett, C olorado N 2.100 8.700 7.900 6,469 July 13, 1989 First N ational Bank o f S trasburg, N.A, Strasburg, C olorado Independent Bank. N.A. C oppell. Texas N 9.000 32,500 31,800 33,474 July 14, 1989 M etropolitan N ational Bank Farm ers Branch, Texas Fallbrook N ational Bank H ouston, Texas N 1,600 33,400 32.600 32.641 July 20. 1989 C harter N ational B ank-C olonial H ouston, Texas Forestw ood N ational Bank Dallas. Texas N 6,900 49,500 53,000 77,071 July 27, 1989 C om erica B ank-Texas Dallas. Texas Park Forty-Five N ational Bank Spring, Texas N 4,100 19,700 20,300 19,385 A ugust 3. 1989 Klein Bank H arris C ounty, Texas SM 7.100 2.700 26,700 24,848 A ugust 24. 1989 First N ational Bank, South G rand Forks. N orth D akota N 1.500 10.100 13,300 13.579 A ug u st 24. 1989 C olonial N ational Bank Ft, W orth, Texas S um m it Bank San A ntonio. Texas NM 4.100 16.700 16,000 15.368 A ugust 24, 1989 The Frost N ational Bank o f San A ntonio San A ntonio. Texas The Burr O ak S tate Bank Burr O ak, K ansas NM 700 4.000 3.900 3.385 A ug u st 31. 1989 First N ational Bank M ankato, K ansas Prairie S tate Bank G rand Prairie, Texas NM 5,700 15,000 15.500 15.376 S eptem ber 14, 1989 B edford N ational Bank B edford. Texas Bank ot Benton Benton, Louisiana SM 2.000 10.200 10,400 6,840 Ja nuary 5, 1989 Red R iver V alley Bank Bossier City, Louisiana First State Bank Harper. Texas NM 1.700 9.200 9.800 2.701 January 1 2 ,1 9 8 9 S ecurity S tate Bank and Trust Fredericksburg. Texas Rolling Hills State Bank Piedm ont. O klahom a NM 2.600 11.500 11,000 2.941 January 1 2 .1 9 8 9 Farm ers & M erchants Bank of P iedm ont Piedm ont, O klahom a O ak Hill N ational Bank A ustin. Texas N 3,200 15,700 15.900 12.993 January 12, 1989 C o m m un ity N ational Bank Austin, Texas C om m ercial State Bank Houston, Texas NM 11.700 45.800 43,900 21.923 January 12. 1989 C h an n e lview Bank C hannelview . Texas W est Belt N ational Bank H ouston, Texas N 2,900 27,000 28,600 24,017 January 12, 1989 D eposit G uaranty Bank Dallas, Texas O rleans Bank and Trust C om pany New O rleans, Louisiana SM 1.700 20,800 21.400 19.191 January 12, 1989 M ississippi R iver Bank Belle C hasse. Louisiana The N ational Bank of B ossier C ity B ossier City, Louisiana N 15.000 72,500 73,700 50,839 January 12. 1989 H ibernia N ational Bank New O rleans, Louisiana First N ational Bank of C edar Park C edar Park, Texas N 3.400 17.300 17.400 14.962 January 19, 1989 U nion N ational Bank of Texas Austin. Texas M erchants State Bank Dallas, Texas NM 17.100 135,200 137.700 30,157 Ja nuary 19, 1989 G rand Bank D allas. Texas The P lanters Bank & Trust C om pany Haynesville. Louisiana SM 7,500 57.100 57,200 20,568 Ja nuary 19. 1989 P lanters Bank and Trust C om pany H aynesville, Louisiana Name and Location 102 Valley Bank H opkins. M issouri The D akota Bank G rand Forks. N orth D akota Park C entral Bank. N.A. Ft. W orth. Texas Total Assets (SOOO's) Total Deposits (SOOO’s) Date of Closing, Deposit Assumption, Merger, or Assistance Deposit Assumptions 103 Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Class of Bank O akw ood N ational Bank Enid. O klahom a N 4.700 22.000 26.000 7.789 January 26. 1989 The N ational Bank o f C o m m erce o f A ltus Altus. O klahom a First State Bank o f Texas Duncanville. Texas NM 4.000 16.100 17.200 7.702 January 2 6 ,1 9 8 9 Fidelity N ational B ank o f Dallas Dallas. Texas C itizens S tate Bank Earth, Texas NM 1.900 15.400 14.600 5.369 January 26. 1989 The First S tate B ank of D im m itt Dim m itt. Texas A laska S tatebank A nchorage. A laska SM 14.700 91.500 99.500 53.412 February 3. 1989 Key Bank o f A laska A nchorage. A laska C itizens Bank - Houston Houston. Texas SM 15,800 102.500 95.400 63.944 February 9. 1989 D eposit G uaranty Bank Dallas. Texas First Bank & Trust B ryan. Texas NM 12.100 140.400 132.700 34.717 February 9 .1 9 8 9 First A m erican Bank B ryan. Texas C itizens Bank Houston. Texas NM 5,700 38.300 35.500 25.976 February 9. 1989 D eposit G ua ra nty Bank D allas. Texas N 1.700 8.000 11.300 9.398 February 9 ,1 9 8 9 The Frost N ational Bank o f S an A ntonio San A ntonio, Texas Louisiana B ank & Trust C om pany S hreveport. Louisiana SM 43.800 245.800 229.100 141.342 February 16. 1989 H ibernia N ational Bank N ew O rleans. Louisiana S ecurity Bank Houston. Texas SM 4.400 14,500 15.300 14,629 February 16. 1989 Te xa s C om m erce B ank, N.A. H ouston. Texas Bank of the W est Austin, Texas NM 4.300 44.200 44.500 21.389 M arch 9. 1989 The B ank o f the W est Austin, Texas N 4.200 17.100 17.400 6.769 M arch 9. 1989 First C om m erce Bank Seguin. Texas C itizens Bank & Trust Calvert. Texas NM 3,100 11.300 14.200 13,880 M arch 9. 1989 First S tate Bank B rem ond. Texas The Farm ers S tate Bank Bogue. K ansas NM 1.800 7.800 7.800 4.495 M arch 16. 1989 Farm ers & M ercha n ts B ank of Hill C ity Hill City, K ansas Livingston Bank D enham S prings. Louisiana NM 20.400 101.400 101.400 56.779 M arch 16, 1989 H ibernia N ational Bank New O rleans, Louisiana M erchants M arine Bank Port Isabel, Texas NM 4,600 23.600 26.300 19.223 M arch 16. 1989 Firstbank Los Fresnos, Texas Island Bank S outh P adre Island. Texas NM 2.300 16.500 17.200 11.197 M arch 16. 1989 Firstbank Los Fresnos, Texas The Farmers & Merchants State Bank Ballinger. Texas NM 3,000 21,900 21.400 2,484 M arch 16, 1989 The First N ational B ank o f Rotan Rotan. Texas E nterprise Bank o f Florida M iam i Lakes, Florida NM 2.000 25.500 17.900 14.030 M arch 17. 1989 Eastern N ational Bank H ialeah, Florida First Bank o f Rowlett Rowlett. Texas SM 5.600 32.100 32.100 15.123 M arch 23. 1989 D eposit G ua ra nty Bank D allas. Texas Industrial Bank Houston. Texas SM 14,500 64.200 63.100 13,772 M arch 23. 1989 M etroB ank, N.A. H ouston, Texas First State Bank Rogers. Texas NM 1.900 8.900 8.900 6.762 M arch 23. 1989 The B uckholts S tate Bank B uckholts, Texas N NA 142.600 135.200 6 M arch 28. 1989 The D eposit Insurance Bridge B ank, N.A. D allas, Texas Name and Location W estpom t N ational Bank San A ntonio, Texas 104 Lakew ay N ational Bank Austin. Texas M B ank B renham . N.A. B renham . Texas Total Assets (SOOO's) Total Deposits (SOOO's) FDIC Disburse ments (SOOO's) Number of Depositors or Accounts Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 FDIC Disburse ments (SOOO’s) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO's) Total Deposits (SOOO’s) M B ank Dallas, N.A. D allas, Texas N N/A 6,972,000 3,547,200 7,416 M arch 28, 1989 The D eposit Insurance B ridge Bank, N.A. Dallas, Texas M B ank H ouston, N.A. H ouston, Texas N NA 2.819.500 2.261.500 235 M arch 28. 1989 The D eposit Insurance B ridge Bank. N.A. D allas. Texas M B ank O dessa, N.A. O dessa, Texas N NA 322.200 301.300 16 M arch 28. 1989 The D eposit Insurance B ridge Bank. N.A. D allas, Texas M B ank Round Rock, N.A. Round R ock, Texas N N/A 159,900 155.700 23 M arch 2 8 .1 9 8 9 The D eposit Insurance B ridge Bank, N.A. Dallas, Texas M B ank A ustin, N.A. Austin, Texas N NA 111 M arch 28. 1989 The D eposit Insurance Bridge B ank. N.A. Dallas. Texas M B ank Ft. W orth, N.A. Fort W orth, Texas N N/A 765.200 672,400 68 M arch 28. 1989 The D eposit Insurance Bridge B ank, N.A. Dallas, Texas M B ank Jefferson C ounty, N.A. Port A rthur, Texas N N/A 324,600 299.200 22 M arch 29. 1989 The D eposit Insurance B ridge B ank, N.A. D allas. Texas M B ank Longview . N.A. Longview , Texas N NA 260.800 249.900 10 M arch 29. 1989 The D eposit Insurance B ridge B ank. N.A. Dallas. Texas M B ank M arshall, N.A. M arshall, Texas N N/A 217.700 205,400 3 M arch 2 9 .1 9 8 9 The D eposit Insurance Bridge B ank, N.A. Dallas, Texas M B ank C orsicana, N.A. C orsicana, Texas N NA 190,800 177.300 7 M arch 29. 1989 The D eposit Insurance B ridge Bank. N.A. Dallas. Texas M B ank Denton C ounty. N.A. Lew isville, Texas N NA 230.000 218.400 21 M arch 2 9 .1 9 8 9 The D eposit Insurance B ridge B ank. N.A. D allas. Texas M B ank G reenville, N.A. G reenville, Texas N N/A 166,100 154,400 10 M arch 29, 1989 The D eposit Insurance Bridge B ank, N.A. Dallas, Texas M B ank M idcities, N.A. Arlington. Texas N NA 369.100 343.000 15 M arch 29. 1989 The D eposit Insurance B ridge Bank, N.A. Dallas. Texas M B ank O range, N.A. O range, Texas N NA 158.800 148.200 3 M arch 2 9 .1 9 8 9 The D eposit Insurance Bridge B ank, N.A. D allas. Texas M B ank S herm an, N.A. S herm an, Texas N N/A 274,100 259,100 18 M arch 29, 1989 The D eposit Insurance Bridge B ank, N.A. D allas, Texas M B ank W ichita Falls, N.A. W ichita Falls. Texas N NA 455.100 4 17.100 28 M arch 29. 1989 The D eposit Insurance B ridge Bank, N.A. D allas. Texas M B ank The W oodlands. N.A. W oodlands, Texas N NA 164,800 153,400 13 M arch 29, 1989 The D eposit Insurance B ridge B ank, N.A. D allas, Texas M B ank Alam o, N.A. San A ntonio, Texas N N/A 691,600 643,600 78 M arch 2 9 ,1 9 8 9 The D eposit Insurance B ridge Bank, N.A. D allas. Texas M arch 30. 1989 S outhern N ational Bank Tulsa. O klahom a Name and Location NA NA SM 2.700 20.400 18.700 6.319 First N ational Bank o f N ocona N ocona, Texas N 2,900 22,600 23,600 13.416 April 6. 1989 The First N ational Bank of Bow ie, N.A. Bowie, Texas St. T a m m a ny National Bank M andeville, Louisiana N 5,900 47,200 42,800 6,886 A pril 6, 1989 W hitney N ational Bank in St. T a m m any Parish N ew O rleans. Louisiana SM 3.300 55.400 54.500 18.888 A pril 12. 1989 Park N ational B ank of Houston H ouston. Texas N 12,000 55,400 57,000 11,138 April 13, 1989 C entral B ank of O klah o m a City O klahom a City, O klahom a H arvard Bank Tulsa, O klahom a The C om m onw ealth Bank B ellaire. Texas A llied O klahom a Bank, N.A. O klahom a City, O klahom a 105 Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Name and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO's) Total Deposits (SOOO's) FDIC Disburse ments (SOOO’s) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location Travis Bank and Trust A ustin, Texas SM 7.700 44,300 46.800 29,871 April 20, 1989 Union N ational B ank o f Texas A ustin, Texas First State Bank D eanville, Texas NM 1.700 9.400 9.300 1.244 April 20. 1989 C itizens S tate Bank S om erville, Texas N 3.500 10.500 11.100 8.505 April 20. 1989 C itizens S tate Bank o f Luling Luling. Texas SM 37.400 606.100 784.700 515.801 April 21. 1989 N ational B ank o f A laska A nchorage, A laska S em inole N ational Bank H ollyw ood, Florida N 2.700 6.700 6.700 1,390 April 27, 1989 Fam ily B ank o f H allandale H allandale, Florida B ank of Lakew ood. N.A. Lakew ood. C olorado N 1,400 9.900 8.900 3,707 A pril 27. 1989 B ank O f Lakew ood Lakew ood. C olorado K aty N ational Bank K aty. Texas N 9.900 47.000 50.700 30.425 M ay 4. 1989 First Bank N avasota. Texas First National Bank of East Baton Rouge Baton Rouge, Louisiana N 1.800 32.000 34.300 17.577 M ay 4. 1989 First N ational B ank in St. M ary Parish M organ C ity, Louisiana G reater Te xa s B ank Leander Leander, Texas SM 3.600 20.300 22,700 21.235 M ay 4 ,1 9 8 9 Hill C o un try Bank Leander. Texas Lexington State Bank Lexington, Texas NM 2.300 13.400 13,000 7.283 M ay 11. 1989 C entral B ank of H ouston H ouston. Texas Lewis C ounty S avings and Loan Co. W eston. W e st V irginia NM 700 3.900 39.400 2.602 M ay 12. 1989 C om m unity Bank & Trust. N.A. Fairm ont. W e st V irginia C ontinental N ational Bank S an A ntonio. Texas A lliance Bank A nchorage. A laska 1 0 6 The First N ational B ank o f G ordon G ordon. Texas N 1.800 11.800 11.300 1.291 M ay 18. 1989 The First N ational B ank of A lbany A lbany, Texas S ecurity B ank and Trust C om pany W harton, Texas NM 6.300 36.900 35,900 21.212 M ay 18. 1989 First N ational Bank of El C am po El C am po. Texas First N ational Bank at O sw ego O sw ego. K ansas N 3.500 22.200 21.800 2.321 M ay 18. 1989 P arsons C om m ercial Bank O sw ego. K ansas The Bank of E dm ond. N.A. E dm ond. O klahom a N 1.700 7.500 8.000 830 M ay 18. 1989 First Interstate B ank o f O klahom a. N.A. O klah o m a City. O klahom a NM 2.900 28,300 20.800 7,916 M ay 24, 1989 M idSouth N ational Bank Lafayette, Louisiana NM 1,900 26.600 26.100 24,924 M ay 24, 1989 P eoples Bank & T ru st of St. B ernard C halm ette. Louisiana Liberty National Bank D allas. Texas N 5.800 62.500 61.400 50.637 M ay 25. 1989 C ornerstone Bank. N.A. Dallas. Texas The First S tate Bank Forgan. O klahom a NM 1.600 10.800 10.100 1.725 M ay 25. 1989 The Bank o f B eaver City B eaver. O klahom a Treasure S tate Bank G lasgow , M ontana SM 12,800 13.800 12,800 4,459 June 9 ,1 9 8 9 V alley Bank o f G lasgow G lasgow , M ontana H elotes S tate Bank H elotes, Texas SM 3,300 19.400 18,800 6.202 June 1 5 .1 9 8 9 Bank of Leon S prings S an A ntonio. Texas N orthern Bank & Trust Fort Collins, C olorado NM 900 6.300 6,000 1.428 June 1 5 .1 9 8 9 U nion C olony Bank G reeley. C olorado N 700 5.500 5,400 2.690 June 22, 1989 S equor N ational B ank Texas D allas, Texas C om m erce and E nergy Bank of Lafayette Lafayette, Louisiana First E astern B ank & T ru st C om pany New O rleans. Louisiana P reston North N ational Bank D allas, Texas Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Name and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO’s) Total Deposits (SOOO's) FDIC Disburse ments (SOOO's) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location N ew Ulm S tate Bank N ew U lm , Texas NM 2.400 10.800 10.300 4,073 June 29. 1989 Industry S tate Bank Industry. Texas H obby C om m unity Bank Houston, Texas NM 1,200 7,400 7,300 7,188 Ju n e 29, 1989 lola S tate Bank lola, Texas N 8.500 40,600 41.400 26,295 June 30. 1989 D eposit G uaranty Bank Dallas. Texas NM 3,200 13,500 13,400 6,712 July 13, 1989 B ank of St. Joseph & T ru st C om pany St. Joseph, Louisiana N ational Bank o f C om m erce B row nsville, Texas N 6.300 30.900 31.800 28,754 July 13. 1989 Texas C om m erce B ank-R io G rande B row nsville, Texas U tica N ational Bank & T ru st C om pany Tulsa, O klahom a N 2,100 157,700 173,500 113,964 July 20, 1989 F&M Bank & Trust C om pany Tulsa, O klahom a N NA 49.000 49.400 3 Ju ly 20, 1989 Texas A m erican Bridge Bank, N.A. Fort W orth. Texas N N/A 1,990,600 1,312,100 1,319 Ju ly 20, 1989 Texas A m erican Bridge Bank, N.A. Fort W orth, Texas N NA 66,600 65,700 3 July 20, 1989 Te xa s A m erican B ridge Bank, N.A. Fort W orth, Texas N N/A 67,200 67,400 4 July 20, 1989 Texas A m erican Bridge Bank, N.A. Fort W orth, Texas N NA 41.000 39,100 3 July 20. 1989 T e xa s A m erica n B ridge Bank. N.A. Fort W orth, Texas Texas American Bank/Duncanville, N.A. Duncanville, Texas N N/A 218,500 214,900 0 July 20, 1989 Texas A m erican Bridge Bank, N.A. Fort W orth, Texas Texas American Bank W ichita Falls, N.A. W ichita Falls, Texas N NA 66.700 64,400 1 July 20, 1989 T e xa s A m erican Bridge Bank, N.A. Fort W orth, Texas Texas A m erican B ank/D allas, N.A. Dallas, Texas N N/A 227,300 253,600 31 July 20. 1989 Texas A m erica n B ridge Bank, N.A. Fort W orth, Texas Texas A m erican B an k Denison, N.A. Denison, Texas N NA 139.300 137.800 2 July 20, 1989 Texas A m erican Bridge B ank. N.A. Fort W orth. Texas Texas American Bank McKinney, N.A. M cK inney, Texas N NA 168,400 166,700 2 July 20, 1989 Te xa s A m erican Bridge Bank, N.A. Fort W orth, Texas Texas A m erican Bank B reckenridge, N.A. B reckenridge, Texas N NA 85.700 86.200 3 July 20. 1989 Texas A m erican Bridge Bank, N.A. Fort W orth, Texas Texas A m erican Bank Farm ers Branch, N.A. Farm ers Branch, Texas N N/A 49,400 47,900 2 July 20, 1989 T e xa s A m erican B ridge Bank, N.A. Fort W orth, Texas Texas A m erican B a n k T y le r. N.A. Tyler, Texas N NA 148,300 140.900 3 Ju ly 20. 1989 Texas A m erican Bridge B ank, N.A. Fort W orth. Texas Texas A m erican B ank/P lano, N.A. Plano, Texas N N/A 35,500 36,400 25 Ju ly 20, 1989 Texas A m erican Bridge Bank, N.A. Fort W orth, Texas Texas American Bank Longview, N.A. Longview , Texas N NA 92,900 93.500 2 July 20, 1989 Te xa s A m erican B ridge Bank, N.A. Fort W orth, Texas First N ational B ank of Richardson Richardson, Texas The S terlington Bank S terlington, Louisiana Texas A m erican Bank D allas-P restonw ood. N.A D allas, Texas Texas Am erican Bank Ft. W orth, N.A. Ft. W orth, Texas Texas A m erican Bank F orum -A rlington. N.A. A rlington, Texas Texas American Bank/Dallas-LBJ, N.A. Dallas, Texas Texas A m erican Bank G reater S outhw est G rand Prairie, Texas 107 Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Texas American Bank Richardson. N.A. R ichardson. Texas N NA 43.100 40.600 1 July 20. 1989 Te xa s A m erican B ridge B ank. N.A. Fort W orth. Texas Texas American Houston-Galleria, N.A. Houston, Texas N NA 300,000 351,300 28 July 20, 1989 Te xa s A m erican Bridge Bank, N.A. Fort W orth, Texas Texas American Bank Southwest. N.A. Stafford. Texas N NA 38.200 41,100 3 July 20, 1989 Te xa s A m erican B ridge B ank, N.A. Fort W orth. Texas Texas A m erican B an k A m arillo. N.A. A m arillo, Texas N NA 222.200 207,100 4 Ju ly 20, 1989 Te xa s A m erican B ridge B ank. N.A. Fort W orth. Texas Texas A m erican Bank M idland, N.A. M idland, Texas N NA 146,000 133,600 3 July 20, 1989 Te xa s A m erican B ridge B ank, N.A. Fort W orth, Texas Texas A m erican B ank T e m p le . N.A. Tem ple. Texas N NA 69.000 68.100 1 July 20, 1989 Te xa s A m erican B ridge Bank, N.A. Fort W orth. Texas SM NA 198.500 181.100 6 July 20, 1989 Te xa s A m erican B ridge B ank, N.A, Fort W orth, Texas N N/A 145,100 140,700 3 July 20, 1989 Te xa s A m erica n B ridge B ank, N.A. Fort W orth, Texas Texas A m erican Austin, N.A. Austin, Texas N NA 144,400 180,900 27 July 20, 1989 Te xa s A m erican B ridge B ank, N.A. Fort W orth, Texas Fidelity Bank S cottsdale, A rizona N 1,600 10,600 11.000 6,488 July 21. 1989 The B ank o f Fountain Hills Fountain Hills, A rizona Hidalgo County Bank & Trust Company M ercedes, Texas NM 5,000 17,600 17,300 10,456 July 26, 1989 The First N ational B ank o f La Feria La Feria, Texas The Texas Bank & Trust C om pany S w eetw ater. Texas NM 900 31,800 19.000 18.098 July 27. 1989 First N ational B ank. S w eetw ater S w eetw ater. Texas N 2,400 8,900 9.500 8,064 July 27, 1989 U nion N ational B ank, Austin A ustin, Texas Texas A m erican Bank Levelland Levelland, Texas Texas A m erican B ank Fredricksbura, N.A. Fredricksburg, Texas 1 0 8 B rushy C reek N ational Bank Round Rock, Texas Total Deposits (SOOO’s) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location Class of Bank Name and Location Total Assets (SOOO's) FDIC Disburse ments (SOOO’s) Number of Depositors or Accounts Barnard S tate Bank B ernard. K ansas NM 800 4,800 5.000 2,862 A ug u st 3, 1989 S aline V alle y Bank Lincoln, K ansas First Bank and T ru st C om pany Yale. O klahom a NM 4.000 26.500 26.500 14,997 A ugust 3, 1989 M annford S tate Bank Yale. O klahom a N 2,500 15,900 18.600 18,451 A ug u st 3, 1989 The Frost N ational B ank o f San A ntonio San A ntonio, Texas NM 6,500 57,400 54.600 41,926 A ug u st 17, 1989 First City, Te xa s-B e a u m on t, N.A. B eaum ont. Texas N 10,700 34.500 34.200 15,781 A ug u st 17, 1989 First N ational B ank of Tem ple Tem ple, Texas First State Bank M cK inney M cK inney, Texas SM 3,800 18,500 20,500 13,160 A ug u st 17, 1989 First Bank F a rm ersville, Texas First State Bank P flugerville. Texas NM 5.300 29.500 30.600 22,986 A ugust 24, 1989 H ibernia N ational B ank in Texas P flugerville, Texas Troup Bank & T ru st Co. Troup, Texas NM 3.500 22.900 23.600 11,508 A ugust 2 4 ,1 9 8 9 First N ational Bank of Ja ckson ville Ja cksonville, Texas Fanners S tate B ank of Y um a Y um a, C olorado SM 3,500 29,300 22,500 5,931 A ugust 24, 1989 First S ecurity Bank Fort Lupton, C olorado Liberty Bank G lendale. A rizona NM 2.800 23.500 25.700 12.787 S eptem ber 1. 1989 C om m un ity Bank o f A rizona W ickenburg, A rizona U niversity N ational Bank San A ntonio, Texas First State Bank Liberty. Texas C itizens N ational Bank o f Killeen Killeen, Texas Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Name and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO's) Total Deposits (SOOO's) FDIC Disburse ments (SOOO's) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location SM 8,000 37.400 36.700 37.593 S eptem ber 7. 1989 Jo n esville Bank & Trust C om pany Jo nesville. Louisiana N 5,700 24,700 27,100 27,338 S eptem ber 7 .1 9 8 9 H ibernia N ational Bank in Texas P flugerville. Texas First B ankers T ru st o f B ossier City B ossier City, Louisiana SM 2.600 26,400 27.800 29.669 S eptem ber 14. 1989 First A m erican B ank & T ru st o f Louisiana M onroe. Louisiana Kirby State Bank Kirby, Texas SM 3.600 15,800 15.800 15.927 S eptem ber 14, 1989 S chertz B ank & Trust Schertz, Texas N 2.300 16.500 12.400 22.000 S eptem ber 14, 1989 First City, Texas-S an A ntonio. N.A. San A ntonio. Texas R ose C apital Bank T yler, Texas SM 9.800 55.400 53.400 53.857 S eptem ber 21, 1989 First City. Texas-Tyler. N.A. Tyler, Texas The Farm ers S tate Bank Lym an, N ebraska NM 1.300 4.900 4,700 4.667 S eptem ber 22, 1989 First N ational Bank in M orrill M orrill. Nebraska N ational Bank o f A rizona S cottsdale, A rizona N 1.100 11.700 11.900 11.950 S eptem ber 28, 1989 S ecurity P acific Bank. N.A. S cottsdale, A rizona T he O lla State Bank O lla, Louisiana NM 3,000 21,000 20,800 21,055 O ctober 5, 1989 Jo n esville Bank & Trust C om pany Jonesville, Louisiana Straw n S ecurity Bank Straw n. Texas NM 2.600 13,800 13.500 13.588 O ctober 5. 1989 The First N ational Bank o f A lbany A lbany. Texas C om m onw ealth Bank A rlington, Texas SM 23,100 66,600 73,400 98,730 O ctober 5 .1 9 8 9 C om erica B ank-Texas D allas, Texas N 1.300 3.700 3.600 3.214 O ctober 5. 1989 Bank N orthw est S team boat S prings, C olorado First Bank C olorado S prings, C olorado SM 6.100 35,000 30.300 32,008 O ctober 6 ,1 9 8 9 C olorado N ational B ank-E xchange C olorado S prings, C olorado C itizens Bank G alveston. Texas SM 4.900 28.900 29.100 29.324 O ctober 12, 1989 Bank o f G alveston. N.A. G alveston. Texas N orth Bank, N.A. O klahom a City, O klahom a N 3,200 9.500 10,100 10.358 O ctober 12. 1989 The L iberty N ational B ank & Trust C om pany O klahom a City, O klahom a Park A venue Bank, N.A. O klahom a City, O klahom a N 1,100 17.000 13.000 13.145 O ctober 1 9 .1 9 8 9 Founders Bank & Trust C om pany O klah o m a City. O klahom a B eaum ont Bank. N.A. B eaum ont, Texas N 1.800 23.800 22.100 22.551 O ctober 19. 1989 T e xa s C om m erce B ank-B eaum ont Beaum ont. Texas C entury Bank P hoenix, Arizona SM 9,500 117,700 117,500 121.015 O ctober 19. 1989 C e ntu ry Bank P hoenix. Arizona First C onsolidated B ank-Ferris Ferris. Texas SM 2.700 9.500 4.100 9.580 O ctober 20. 1989 First C ity Texas-B ryan. N.A. B ryan. Texas First C onsolidated B ank-H illsboro H illsboro, Texas N 2,600 8,900 8,700 8,712 O ctober 20, 1989 First State Bank H ubbard, Texas First C o nsolidated B ank-B uda Buda. Texas N 3.600 12,800 12.800 13.851 O ctober 20. 1989 A ustin N ational Bank Austin. Texas First C onsolidated B ank-R osebud R osebud, Texas N 2.900 14,500 14,200 14,337 O ctober 20, 1989 First C ity Texas-B ryan, N.A B ryan, Texas First C o nsolidated B ank-Lancaster Lancaster, Texas N 3.300 15.500 16.700 16.759 O ctober 2 0 .1 9 8 9 First C ity T e xas-B ryan. N.A. B ryan. Texas The La S alle State Bank Jena, Louisiana Thousand O aks N ational Bank San A ntonio, Texas MedCentre Bank, National Association San A ntonio, Texas First N ational Bank of Vail V ail, Colorado 109 Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Name and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO's) Total Deposits (SOOO's) FDIC Disburse ments (SOOO's) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location N 2.200 11.000 11.300 11.371 O ctober 26. 1989 K aplan S tate Bank K aplan. Louisiana First S ecurity B ank & T ru st C om pany Haughton, Louisiana NM 6,500 19.000 19,200 19.375 O ctober 2 6 .1 9 8 9 Tri-S tate B ank & Trust H aughton, Louisiana Bank o f St. Charles St. Rose. Louisiana SM 13,100 62.500 62,500 63,314 N ovem ber 2. 1989 First A m erica n B ank and T ru st - V acherie V acherie, Louisiana The Lee S tate Bank B row erville. M innesota NM 3,800 13.400 13.500 13.630 N ovem ber 9. 1989 First N ational B ank o f Long Prairie Long P rairie. M innesota United N ational B ank of Plano Plano, Texas N 4,200 27.300 28,100 28,453 N ovem ber 9. 1989 H ibernia N ational in Texas P flugerville, Texas C ity N ational Bank o f Plano Plano. Texas N 10.500 52.200 66.900 67.784 N ovem ber 9. 1989 C om pa ss B ank-P lano Plano. Texas National Industrial Bank of Connecticut M eriden, C onnecticut N 7.300 43,300 44.600 44,600 N ovem ber 9 .1 9 8 9 C entral Bank M eriden, C onnecticut Love Field N ational Bank Dallas, Texas N 5.100 26.100 27,200 27,325 N ovem ber 1 6 ,1 9 8 9 H ibernia N ational in Texas P flugerville, Texas E xecutive N ational Bank S an A ntonio. Texas N 1.700 6.300 8.000 8.115 N ovem ber 1 6 .1 9 8 9 H ibernia N ational in Texas P flugerville, Texas G reater Texas B ank, North, N.A. A ustin, Texas N 4.300 21.500 24.600 24.690 N ovem ber 30, 1989 H ibernia N ational in Texas P flugerville, Texas Greater Texas Bank, Southwest. N.A. Austin. Texas N 4,900 31,300 29,200 29.250 N ovem ber 30, 1989 N C N B D allas. N.A. Dallas, Texas Central D akota Bank Lehr, North D akota SM 2.700 12.800 12.700 12.808 D ecem ber 1, 1989 S ecurity S tate Bank W ishek. North D akota First S ecurity Bank o f G lendive G lendive, M ontana SM 5,500 32.600 31.900 31.204 D ecem ber 1, 1989 The First N ational B ank o f G lendive G lendive. M ontana A ledo S tate Bank A ledo. Texas NM 2.300 9,200 9,000 9.081 D ecem ber 7, 1989 The C itizens N ational Bank of W eathe rfo rd W eatherford. Texas A tlantic N ational Bank Norfolk, V irginia N 3.100 15.200 14.100 14.166 D ecem ber 7. 1989 N ew A tlantic B ank. N.A. Norfolk. V irginia First N ational B ank of Frisco Frisco. Texas N 2,600 7,100 7.700 7,759 D ecem ber 7, 1989 H ibernia N ational B ank in Texas P flugerville, Texas First C om m erce N ational Bank Phoenix. A rizona N 2,800 17,100 18.700 18.376 D ecem ber 7, 1989 C itibank Phoenix. A rizona SM 1.100 6.700 6.900 1,791 D ecem ber 8. 1989 Helm Bank M iam i, Florida N 3,200 39.200 48.700 48,929 D ecem ber 8 ,1 9 8 9 H ibernia N ational in Texas P flugerville. Texas NM 11.500 75.900 66.700 73.242 D ecem ber 8 .1 9 8 9 R apides Bank & T ru st C om pany A lexandria. Louisiana M idlothian N ational Bank M idlothian. Texas N 2.800 10.100 10.300 10.445 D ecem ber 13. 1989 The First N ational B ank in Jo shua Joshua, Texas C ity N ational B ank of Sayre S ayre, O klahom a N 3,100 20.500 22.000 22,131 D ecem ber 13, 1989 First S tate B ank and T ru st C om pany H ollis, O klahom a NM 7.300 42.800 41,000 41.761 D ecem ber 14. 1989 A m erican S ecurity Bank o f V ille Platte Ville Platte. Louisiana W estern N ational Bank of Louisiana K aplan. Louisiana 110 O range S tate Bank M iam i. Florida W e stheim er M em orial Bank, N.A. H ouston, Texas First Bank Pineville. Louisiana First A cadiana Bank E unice. Louisiana Table 123. Insured Banks Requiring Disbursements by the Federal Deposit Insurance Corporation During 1989 Name and Location Class of Bank Number of Depositors or Accounts Total Assets (SOOO’s) Total Deposits (SOOO’s) FDIC Disburse ments (SOOO’s) Date of Closing, Deposit Assumption, Merger, or Assistance Receiver, Assuming Bank, Transferee Bank, or Merging Bank and Location C anyon Lake Bank C anyon Lake, Texas SM 4,900 29,100 28,900 29,104 D ecem ber 1 4 ,1 9 8 9 V icto ria B ank and T ru st C o m pany - W est New B raunfels, Texas North S ide S tate Bank Tulsa, O klahom a NM 5,100 18.600 19.700 19.852 D ecem ber 14, 1989 B ank of Tulsa T ulsa, O klahom a First A m erican B ank and Trust North Palm Beach, Florida SM 87,400 917,600 940,800 0 D ecem ber 1 5 ,1 9 8 9 First A m erican B ank and Trust, N.A. North Palm B each, Florida U nited C om m unity Bank W estlake Village, C alifornia SM 1.600 26.600 24,300 24,370 D ecem ber 2 0 .1 9 8 9 O lym pic N ational Bank Los A ngeles, C alifornia N NA NA NA M arch 28. 1989 M arch 29, 1989 Banc O ne C orporation C olum bus, O hio Texas A m erican B ridge Bank, N.A. Fort W orth. Texas N NA 4,752.900 4,120,300 1.479 July 20, 1989 D e po sit G ua ra nty Bank D allas. Texas First A m erican-B ank and Trust, N.A. North Palm Beach, Florida N 917,600 940,800 0 77,000 73,000 2,370 Bridge Banks The D eposit Insurance Bridge Bank, N.A. D allas, Texas 2.732,850 D ecem ber 15, 1989 Assistance Transactions M etropolitan Bank San A ntonio, Texas N NA Ja nuary 3 0 .1 9 8 9 Te xa s Bank. N ational A ssociation San A ntonio, Texas Table 125. Recoveries and Losses by the Federal Deposit Insurance Corporation on Disbursements for Protection of Depositors, 1934-1989 (Dollars in thousands) Lua n iq id tio sta sa d tu n A ca s ll se ye r of a d p sit eo p or N. ayoff stimte o te ries E a d cove d p sit eo o f D u toD c 3 , a d n l isb rse e . 1 d itio a a mtio b n ssu p n a ks m n 1 8 ■ c v rie Losses’ 9 9 eoe s e ts T ta ol D p sit payoff ca e eo ss A n T n ctio s6 ssista ce ra sa n D p sit a p ca s5 e o ssum tion se R co rie stimte e ve sE a d N. o R co rie E a d e ve s stimte N. o R co rie stimte e ve sE a d N. o e . 1 d itio a o f D u to Dc 3 , a d n l isb rse e . 1 d itio a of D u to Dc 3 , a d n l isb rse e . 1 d itio a of D u toD c 3 , a d n l isb rse 9 9 cove an ents3 1 8 re ries Losses1 b ks m 9 9 cove an ents 1 8 recove Losses1 99 ries bn a ks m n e ts2 1 8 re ries Losses1 b ks m 1 4 5 ,5 4 6 2 ,2 0 7 5 2 ,1 0 2 ,4 4 7 ,6 4 1 3 ,9 1 3 8 ,6 7 ,8 0 3 2 3 ,1 4 5 2 8 4 .5 4 4 8 ,2 6 1 3 ,9 6 2 2 ,3 2 3 ,5 2 1 ,1 1 2 ,5 7 3 3 3 5 9 7 2 ,6 0 6 1 ,9 2 7 2 1 ,3 9 8 9 ^4 5 3 6 ,3 4 2 5 ,6 1 ,3 1 4 ,3 6 4 1 5 1 ,3 2 0 6 4 ,7 0 1 7 ,8 5 1 ,2 4 7 5 9 3 ,1 3 ,1 6 8 ,9 0 4 1 1 ,4 8 Ya e r4 1934 ‘ 935 1936 •9 37 1938 ■9 75 74 941 25 69 20.204 3 ^.39* 734 9108 '5 .2 0 6 •6 532 31.969 207 2 6423 685 -2.87 3 60 43 2 5 ,0 6 ' 20 5 81,828 87,899 24,470 " ,6 V 7,107 7,230 74,676 7,152 84 .-0 3 2.425 1939 1940 1941 1942 1943 1944 1945 1946 1947 19*8 112 15 2 1 1 5 3 1,532 1,492 1,845 1,845 274 274 2.038 ’ 979 3,150 2.509 1949 1950 1951 1952 •9 53 4 4 2 2,685 2,316 4,404 3,019 1,986 1.986 3 1.525 5.359 5.359 2 2 10.996 688 5 2 1 * 7,315 3,499 1.031 3,051 1959 ■960 1961 1963 1 5 2 3 -.835 4.765 4.765 6,201 4.699 19.172 18,886 '9 6 4 '9 6 5 •9 66 •9 67 1968 7 4 '3 .771 2 5 ’ 0,020 8.097 3 26,196 20,399 5.797 4,895 4.313 3.796 •2 8 065 5 9’ ’ 2 2 7 8 6 1 .6 '2 • 3 2 0 292 4 5 37? -23 5 5 0 0 '2 3 28 24 7 -4 ' 32 19 404 40 364 40 1 1 207 2 ,i4 9 3082 0 6476 •3 3 87.471 7839 6 8 -4 25302 24 .0 6! 258 4 4.438 4.208 230 1 213 2,795 2,582 1 -.031 1.031 2 2.768 28 7 9 6 3 42,072 41,910 9 51.294 51.566 0 171.646 1 7 -4 3 0 -4.49 3 16.-89 0 6 -3 5 .2 3 8 368.852 3 -8 3 5 4 765 6,2 1.5020 ’ 2 19,172 286 1 80 272 23 •6 9 6 59 64' 369 1.385 792 1.525 3 2 1.541 0 10.816 234 245 0 1.010 •2 0 378 396 2.685 2.316 4.404 3.019 1.986 1.986 733792 1.738 97 1,355 3.214 1.128 1.128 1.845 1.845 274 274 1 2038 '9 7 9 31 50 25 09 4 4 2 369 1,385 933 995 •0 2 5 * .2 4 ‘ 55.632 54,277 83.004 79.790 582 213 7 8 3 •2 •2 4 0 5 •0 072 9.676 •7 3 0 •7 3 0 5 3 59 64- 7,085 3.286 1.031 3.023 12,171 11,479 9.541 7.087 6.464 6.476 ’ 27 9 7 - 8 25 24 1 771 •.029 1954 1955 1956 1957 1958 94' 734 9 4 274 1.752 24 6.026 42 7735 6397 2.333 3.672 50 '2 .3 6 5 2 647 1,184 509.092 7.908 7 0 ’ 4 13,712 •0 9 0 8 735 8.097 213 2 1.029 • 230 2 8 7 7 ' 704 1 771 258 2.877 704 28 255 255 •5 0 2 286 0 3 1.541 5 -7 0 2 571 425 6 234 0 7.513 28993 53 574 1 •4 6 9.285 245 8.806 i. 0 ' 0 6.464 4 82 7.596 4 29 2 6 5 53 5 •93 7 6 7 • •6 1 8 9 ! 6 .7 7 ’ 0 66.386 733 5359 97 •7 3 8 4 765 4 6995 18,886 12.171 663 10.391 735 7087 5.359 82 0 5 272 '•7 .8 7 9 34,397 34,476 12 6.476 3 79 22.301 1969 1970 •9 7 ' •972 •9 73 7 6 ' 1974 1975 1976 •977 •978 4 2,403,277 2,259.633 143,604 40 292,431 23,303 16.312 13 332,046 4 559.030 0 .'’ 1 247 16 599.388 6 26.650 20.654 3.903 2093 511.717 26 637,015 7 5^7 369 9 1979 1980 198' '9 8 2 •983 7 9.934 8.939 59 938 80.415 65.231 5.250 5.309 3 9.936 10 90,35! 74,170 10.872 2 .2 -7 7 •3,732 3 11.515 0 138,623 103,245 7,010 28.368 1 ’ 4,760 7,010 30,585 10 152,355 2 35,736 32.878.627 1231 5 79,208 33,463 2.227 43,518 3 883.489 298,847 '0 998,433 365,188 4 5 .’ 45 588.100 7 277 198 199.245 7 697 70 25 6 26 4-6 .7 1 9 3-6 .7 99 75,1651.500.74824.755 298.750 42 82.862 1.297.009 2.194.665 814,794 26444 '3 14 72 87 " 5 8 - 2 5.031 71.992 9 36 3 3 8 6 9 3 1 .81 11 56 3 .2 6 4 1.442.511 3 48 3 .6 0 6.2-0 • 926.968 •.5 2 -. 549 157.693 19847 1985 1986 1987 1988 1989 80 7,598.464 4.874.304 818.053 1,906,107 120 2 ,71 6.13’ 1.405,026 876,774 434,331 2,470,171 347,112 145 4,631,801 1,814,518 203 4.895.387 2.215.985 531,813 0635* 22' ’ 3231.770 7 2 '4 6 . - 8 5 6.022.068 60 207 8 .3 7 7 9 3 8 ' 2 8 ' 5 9 2 ' 006.722 8 9 6 2 4 3 3 11.416 1 8*7 •4493 16.771 0 0 0 3 25.849 25.918 9 660 6 ’3 -9 3 •6 9 6 3 ’ •7 8 5 6 4 '8 .4 6 7 3 3 5 2 0 8 ’ 1 68 '6 8 3 0 ' 204 22 .3 0' 0 23 0 66.386 4 10 2.403.2772,259,633 143.604 40 16.244 30 6 7 2 8 266.582 23.302 •7549.370 4 73 •3 587.972 6 2 6 6 5 0 20.654 3.903 2093 2 6 6 3 7 8.811 6 546 552 5 " 104 42 .-7 0 - ’ 0 .0 -9 '6 7 7 0 1 9 06 ’ 8.00" 87 29 514.878 372 554 26.789 -15.535 98 40 1,155,722 654.955 71.718 429.049 2.094.34- 1.048.833 287,457 758.051 2,147.589 51 -.249.989 583.656 195.650 470.683 36 32 -.948.237 233.442 898.053 8 '6 742 •2 9 62864.537 9 .9 128.558 •3 3 0 446.8*5 537.492 75 86 .4 99 887.368 •61,639 3.241,514 1.805.462 1.229.021 207,031 244,327 133 2 6 3 2 5 8 0 1.-65.385 1.222.868 2 .7 3 7 8 8 7 '2 347 9.’ -5 •8 2 .3 ’ 7 2.076.455 3 .3 0 3 8 7 01.048 7 04 987.060 •.26 8.70 6 38.428 2 62 46 0 0 584,642 91,201,998 0 52,594 19.398 5.488.3643 .3 9 : 766 747.325 1,349.273 4 614,754 145.104 245,903 223,747 9,754 7 68,363 156,44 234.565 1,767 29 ’9 168,466 166,670 7.243.8942.000.746 1.768,2183,474,930 46 (87 8.39 -) 4,004,17 3725831 'I n d i c e s estim ated lo sses in active cases. Not a d ju s te d t o interest or allo w able w hich was c o llectec in som e case s in which the disbursem ent w a s fully ■ e c o w e a in c lu d e s es’im atea acd ition al disbursem ents in active cases. . 3Excludes excess collectio ns turned over to banxs as additional pu rchase pric e at term in ation of liquidation. " N o case in 1962 required disbursem ents. 50e p o s it Assum ption Cases in clud e $347.6 million o ‘ disburse m en ts ‘ o ' ad vances to protect assets and liquidation expenses which hac been exclude d in p n o ' years. 6 A ssistance t r a c t i o n s ' in clude: a) B anks m ergeo with ‘ m anciai assistance ‘ 'o n FDIC to pre vent p ro bab le ‘ a iL re Iti'o u g h '9 8 8 . b) S2 255 6 m illion of reco rded liabilities at b o ok value payab le o v e r future years. 'In d u c e s CINB A ssistance A g reem ent w h ich hac been pre viou sly excluded. http://fraser.stlouisfed.org/ “ A ssistan ce losses, in 1988 an c *989. in c lu d e estim ated costs payab le in future years. Federal Reserve Bank of St. Louis Table 127. Income and Expenses, Federal Deposit Insurance Corporation, by Year, from Beginning of Operations, September 11, 1933, to December 1989 ( D o lla rs in m illio n s ) Income Assessment Income Expenses and losses Deposit insurance losses and expenses Administrative and operating expenses Net Income added to deposit insurance fund3 2,804.8 13,209.5 4,132,3 7,364.5 3,066.0 2,783.4 1.778.7 213.9 223.9 2049 180.3 179.2 (851.6) (4,240,7) 48.5 296.4 1.427.5 1.848.0 834.2 869.9 720 9 (3 4 6 ) 151.2 135.7 129.9 127.2 118.2 1,100,3 1,658.2 1,524.8 1.226.6 1.226.8 Assessment Credits Investment and other sources' 6,709.1 21,380.2 26,591.5 23,706.1 1,609.6 1,574,7 1,623.4 1.743.2 1,952.0 4.346.2 7.588,4 3,270.9 2.963.7 1,957.9 1.999.2 969 9 999.8 848.1 83.6 Year Total Total 39,801.0 25,129.9 1989 1988 1987 1986 1985 3 .4 9 4 6 3,347.7 3.319.4 3.260.1 3.385.4 1,885.0 1,773.0 1,696.0 1.516.9 1.433.4 19846 1983 1982 1981 1980 3.099.5 2,628.1 2,524,6 2,074.7 1.310.4 1.321.5 1,214.9 1,108.9 1,039,0 951.9 164.0 96.2 117,1 521.1 1.778.0 1,577.2 1.511.9 1,152.8 879.6 1979 1978 1977 1976 1975 1.090.4 952.1 837,8 764 9 689.3 881.0 810.1 731.3 676.1 641.3 524.6 443.1 411.9 379.6 362.4 734.0 585.1 518.4 468.4 410.4 93.7 148.94 113.6 212.3“ 975 (1 3 1 ) 45.6 24.3 31.9 29.8 106.8 103.3 89.3 180,4-" 677 996.7 8032 724.2 552.6 591,8 1974 1973 1972 1971 1970 668.1 5 61.0 467.0 415.3 382 7 587.4 529.4 468.8 417.2 369 3 285.4 283.4 280.3 241.4 2100 366.1 315.0 278.5 239.5 223.4 159.2 108.2 59.7 60.3 46.0 100.0 538 10.1 13.4 3.8 59.2 54.4 49.6 46.9 42.2 508,9 452.8 407.3 355.0 336.7 1969 1968 1967 1966 1965 335.8 2950 263.0 241.0 2146 364,2 334.5 303.1 284.3 260.5 220 2 202.1 182.4 172.6 158.3 191.8 162.6 142.3 129.3 112.4 34.5 29.1 273 19.9 22.9 1.0 0.1 29 0.1 5.2 33.5 29,0 24.4 19.8 17.7 301.3 265.9 235.7 221.1 191.7 1964 1963 1962 1961 1960 197.1 181,9 161.1 147.3 144.6 238.2 220.6 203.4 188.9 180.4 145.2 136.4 126.9 115.5 100.8 104.1 97.7 84.6 73.9 65.0 18.4 15.1 13.8 14.8 12.5 2.9 0.7 0.1 1.6 0.1 15.5 14.4 13.7 13.2 12.4 178.7 166.8 147.3 132.5 132.1 1959 1958 1957 1956 1955 136.5 126.8 117.3 111.9 1057 178.2 166.8 159.3 155.5 151.5 996 930 90.2 87.3 85.4 57.9 530 482 43,7 39.6 12.1 11.6 9.7 9.4 9.0 0.2 11.9 11.6 9.6 9.1 8.7 124.4 115.2 107,6 102,5 967 1954 1953 1952 1951 1950 99.7 94.2 88.6 83.5 848 144.2 138.7 131.0 124.3 122.9 81.8 78.5 73.7 70.0 68.7 37.3 34.0 31.3 29.2 30.6 7.8 7.3 7.8 6.6 7.8 0.1 0.1 0.8 7.7 7.2 7.0 6.6 6.4 91,9 86.9 80.8 76.9 77.0 1949 1948 1947 1946 1945 151.1 1456 1575 130.7 121,0 122.7 119 3 114.4 1070 93.7 28.4 26.3 43.1 23.7 27.3 6.4 7.0 9.9 10.0 9.4 0.3 0.7 0.1 0.1 0.1 06 4.8 5,8 5.8 6,1 5,7 5,0 4,1 3.5 144.7 138.6 147.6 120.7 111.6 1944 1943 1942 1941 1940 99.3 866 69.1 620 55,9 809 700 56.5 51.4 46.2 18.4 16.6 126 10.6 9.7 9.3 9.8 10.1 10.1 12.9 0.1 0.2 0.5 0.6 3.5 5.8 5.8 5,8 5.8 5.8 3.4 3.8 3,8 3.7 3.6 90.0 76.8 59.0 51.9 43.0 1939 1938 1937 1936 1935 1933-34 51.2 47.7 48.2 43.8 20.8 7.0 40.7 383 388 35.6 11.5 10.5 9.4 9.4 8.2 9,3 7.0 16.4 11.3 12.2 10.9 11.3 10.0 7.2 2,5 3,7 2.6 2.8 0.2 5.8 5.8 5.8 5.8 5.8 5.6 3.4 3.0 2.7 2.5 2.7 4 .2 5 34.8 36.4 36.0 32.9 9.5 -3.0 (4 ) Total Interest on capital stock2 80.6 o 'i 0.3 0.3 1.4 'In c lu d e s $689.1 m illion of interest and allo w a b le return received on funds a d v a n ce d to receiversh ip a rd d ep o sit a ssum ption ca se s and $843.4 m illion of interest on ca p ita l notes a d v a n ce d to facilita te d e p o sit assum ption tra n sa ctio ns and a ssistance to o pen banks. 2Paid m 1950 and 1951. but a llo ca te d a m on g years to w hich it a p p lie d. Initial ca p ita l of $289 m illion was retired by p aym ents to the U.S. Treasury in 1947 a nd 1948. A s s e s s m e n ts co lle c te d from m em bers of the te m p o ra ry insu ra n ce fu n d s w hich b ecam e insured u nd e r the p erm anent plan w ere c re d ite d to their a cco u n ts at the te rm ination of the te m p o ra ry fu n d s and w ere a p p lie d to w a rd p aym en t of s u b se q u e n t a ssessm ents b e com in g due under the p erm anent insurance fu n d in g , resulting in no in co m e to the C orp o ration from a sse ssm e n ts d uring the existe n ce of the te m p o ra ry in su ra n ce funds. "In c lu d e s net loss on sales of U.S. G overnm ent secu rities of $10 5 .6 m illion in 1976 and $3.6 m illion in 1978. 5Net after d e d u c tin g the portion of e xp e n se s and losses ch a rg e d to b an ks w ith d ra w in g from the te m p o ra ry insu ra n ce fu n d s on Ju n e 30. 1934. 6Revised due to restatem ent of D e ce m b e r 31. 1984 fin a ncia l statem ents. 113 Table 129. Insured Deposits and the Bank Insurance Fund, 1934-1989 (D o lla rs in m illio n s ) Year (December 31) insurance Coverage Deposits in insured banks1 Total Insured Percentage of insured deposits Deposit insurance fund Ratio of deposit insurance fund to— Total Deposits Insured deposits 1989 100,000 2,465,922 1,873,837 76.0 13,209.5 .54 .70 1988 1987 1986 1985 1984 100.000 100.000 100.000 100,000 100,000 2,330,768 2.201,549 2.167.596 1.974.512 1.806,520 1,750,259 1,658.802 1.634.302 1.503.393 1,389.874 751 76.9 75.4 76.1 76.9 14,061.1 18,301.8 18.253.3 17.956.9 16.529.4 .60 .83 .84 .91 .92 .80 1.10 1.12 1.19 1.19 1983 1982 1981 1980 1979 100,000 100,000 100,000 100,000 40,000 1,690,576 1,544,697 1,409,322 1,324,463 1.226,943 1.268,332 1,134,221 988,898 948,717 808,555 75.0 73.4 70.2 71.6 659 15,429.1 13,770,9 12.246.1 11,019.5 9.792.7 .91 .89 .87 83 80 1.22 1.21 1.24 1.16 1.21 1,145,835 1.050,435 941,923 875,985 833,277 760,706 692,533 628,263 569,101 520,309 66.4 65.9 66.7 650 62.5 8,796,0 7,992,8 7,268,8 6.716.0 6.124.2 .77 .76 .77 .77 .73 1.16 1.15 1.16 1.18 1.18 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 114 4 0.0 00 6 4 0.0 00 s 40.000 40,000 40.000 20,000 20,000 20,000 20,000 20,000 766,509 697,480 610,685 545,198 495,858 465,600 419,756 374,568 349,581 313085 607 60.2 61.3 6 41 63.1 5.615.3 5,158,7 4,739,9 4,379,6 4,051.1 .73 .74 .78 .80 .82 1.21 1.23 1.27 1.25 1.29 1968 1967 1966 1965 1964 15,000 15,000 15,000 10,000 10.000 491,513 448,709 401,096 377,400 348,981 296,701 261,149 234,150 209,690 191,787 602 582 58.4 55.6 55.0 3.749.2 3,485.5 3,252,0 3,036.3 2.844.7 .76 .78 .81 .80 .82 1.26 1.33 1.39 1.45 1.48 1963 1962 1961 1960 1959 10.000 10,000 10,000 10,000 10,000 313 .30 4 2 297,5483 281,304 260,495 247.589 177.381 170,210 160,309 149,684 142.131 56.6 57.2 570 57.5 57.4 2.667.9 2.502.0 2,353.8 2,222,2 2.089.8 .85 .84 .84 .85 .84 1.50 1.47 1.47 1.48 1.47 1958 1957 1956 1955 1954 10,000 10,000 10,000 10,000 10,000 242,445 225.507 219,393 212,226 203,195 137.698 127.055 121,008 116,380 110,973 56.8 56.3 55.2 54.8 54.6 1.965.4 1.850.5 1,742.1 1,639.6 1,542.7 81 .82 79 .77 .76 1.43 1.46 1.44 1.41 1.39 1953 1952 1951 1950 1949 10,000 10,000 10.000 10,000 5,000 193.466 188.142 178.540 167,818 156,786 105,610 101,841 96.713 91.359 76.589 54.6 54.1 54.2 54.4 48.8 1.450.7 1.363.5 1.282.2 1,243.9 1,203.9 .75 .72 .72 .74 .77 1.37 1.34 .133 1.36 1.57 1948 1947 1946 1945 1944 5,000 5,000 5,000 5,000 5,000 153,454 154,096 148.458 157.174 134.662 75,320 76,254 73.759 67.021 56,398 49.1 49.5 49.7 42.4 41.9 1,065.9 1,006.1 1,058.5 929.2 804.3 .69 .65 .71 .59 .60 1.42 1.32 1.44 1.39 1.43 1943 1942 1941 1940 1939 5,000 5,000 5,000 5,000 5,000 111,650 89,869 71,209 65,288 57,485 48,440 32,837 28,249 26,638 24,650 43.4 36.5 39.7 408 42.9 703.1 616.9 553.5 496.0 452.7 .63 .69 .78 .76 .79 1.45 1.88 1.96 1.86 1.84 1938 1937 1936 1935 1934 5,000 5,000 5,000 5,000 5 ,000a 50,791 48,228 50,281 45,125 40,060 23,121 22,557 22,330 20.158 18,075 45.5 468 44.4 44.7 45.1 420.5 383.1 343.4 306.0 291.7 .83 .79 .68 .68 .73 1.82 1.70 1.54 1.52 1.61 'D e p o s its in fo re ig n b ra n ch e s are o m itte d from totals b e cau se th e y are not insured. Insured d e p o sits are estim a te d by a p p lyin g to d e p o sits at the re g u la r C all d a te s the p e rce n ta g e s as dete rm in e d from the Ju n e Call R eport su b m itte d by insured banks. D e c e m b e r 20, 1963. D e c e m b e r 28. 1962. “ Initial co ve ra g e w a s $ 2,5 00 from Ja n ua ry 1 to June 3 0 ,1 9 3 4 . 5$10 0 ,0 0 0 for tim e and sa vin gs d e p o sits of in-state govern m e ntal units p ro vid e d in 1974. 6$ 1 00,000 for Ind ividu a l R etirem ent a cco u nts and K eogh a cco u nts p ro vid e d in 1978. Index Accounting and Corporate Services, Division of 41-47 Accounting Issues 20-21 68-70 Equal Opportunity, O ffice of Agricultural Loan Loss Deferrals 18 Applications ix, 7-10, 63 Examinations 54-55 Executive Secretary, O ffice of 15 44, 74, 77 Assessments Asset Management and Sales Assistance Transactions 28-29 vii, viii, 13-14, 27-28, 111 Automation Activities 22-23, 41-47, 54 18-19, 24-25 External Auditing Failed Banks vii, viii, ix, xvii, 6, 10-12, 26, 39 Federal Deposit Insurance Corporation 67, 69-70 Awards Board of Directors xii-xiii, 71, 74 xvii Chronological Highlights Bank Insurance Fund (BIF) vii, viii, 10, 12, 74, 77, 81-98 1-4 Return on Assets, 1989, FDIC-lnsured Commercial Banks 4 Basle Committee on Banking Supervision Budget and Corporate Planning, O ffice of Capital 7, 19 12-13, 27, 111 59-60 19-20, 45 Call Reports x, xvn, 1a, 20, 21, 15 Capital Forbearance Program 17-18 Case Management System 37, 45 xiii Clarke, Robert L. Community Reinvestment Act 9, 62, 63, 64, 76 Com ptroller General of the U.S. 97-98 Consumer Affairs, O ffice of 62-64 Consumer Inquiries and Complaints 62-63 Corporate Communications, Office of 56 Deposit Assumptions (see Purchase and Assumption Transactions) Deposit Insurance Reform Deposit Insurance Regulations 81-98 Financial Statements (BIF) vii, viii, xi, xvii, 49, 50, 58 xvii, 34, 79 Management Committee 71 Officials, List of Banking Industry, State of Bridge Banks 55 Ethics Counseling xiv Organization Chart xviii Regional Directors XV 71-72 Standing Committees xvi Statistical Highlights Federal Financial Institutions Examination Council 9, 10, 20, 23 Federal Savings and Loan Insurance Corporation (FSLIC) viii, 6, 26, 30, 32, 51-53, 65, 74, 79 32, 51-53, FSLIC Operations, Division of FSLIC Resolution Fund 26, 51, 53, 74 Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) vii-viii, xiii, 6, 14, 21, 24, 31, 32-34, 41-42, 51, 52, 57-58, 68, 74-76 First American Bank and Trust, North Palm Beach, Florida Fraud and Insider Abuse General Accounting O ffice (GAO) Highly Leveraged Transactions (HLTs) Home Mortgage Disclosure Act Hope, C.C., Jr. viii, xvii, 10, 13, 26, 27 16-17, 58, 75 51, 61 6-7 9, 62, 63, 76 xii 115 Inspector General, Office of 61 Insured Deposit Payoffs 12, 100, 102 Insured Deposit Transfers 12, 100, 102-103 International Development and Finance Act of 1989 76 Real Estate Loans Recruiting ix-x, 3, 4 6, 23, 25, 65-66, 67, 68, 70 Reports of Condition and Income (see Call Reports) Research and Statistics, Division of Resolution Trust Corporation Legal Case Management System (see Case Management System) ix-x, 2, 48-50 vii-viii, 26, 32, 36, 39, 74 Rules and Regulations 1989 Legal Division 77-80 32-40 Compliance and Enforcement Actions, 1987-1989 35 Cease-and-Desist Orders, 1987-1989 36 Savings Associations vii-viii, x, 6, 8, 15, 21, 26, 30, 32, 34, 39, 40, 41, 48 51-53, 75, 78, 79, 80 Legislation Enacted in 1989 74-76 Legislative Affairs, Office of 57-58 Savings Association Insurance Fund (SAIF) 8, 15, 40, 74, 77 Liquidation, Division of 26-31 Seidman, L. W illiam DOL Statistical Highlights, 1984-1989 27 Failed and Assisted Banks, 1989 28 Liquidation Asset Management Information System (LAMIS) 116 MCorp, Dallas, Texas 43 viii, 13, 26, 27-28, 35, 38, 49 Merger Policy 15 14 Net Worth Certificates O ffice of Thrift Supervision (OTS) xiii, 8, 19, 21, 37-38, 52, 74 Off-Site Monitoring and Analysis 17, 19-20, 24 vii-xi, xii, xvii, 33, 49, 50, 56, 57, 60 Statistical Tables 99-114 Table 122-Number and Deposits of Banks Closed, 1934-1989 Table 123-Banks Requiring FDIC Disbursements During 1989 Number of O fficials and Employees of the FDIC, 1988-1989 Problem Banks 65-67 112 Table 127-FDIC Income and Expenses, September 11, 1933, to December 1989 113 Table 129-Insured Deposits and the Bank Insurance Fund, 1934-1989 114 Supervision, Division of 6-25, 63 FDIC Examinations, 1987-1989 7 11 65 ix, 14-15 48-49 Assisted Banks by State, 1985-1989 13 FDIC Problem Banks, 1985-1989 Purchase and Assumption Transactions 12, 31, 100, 103-111 Quarterly Banking Profile 102-111 Table 125-FDIC Recoveries and Losses on Disbursements to Protect Depositors, 1934-1989 Failed Banks by State, 1987-1989 Personnel Management, Office of 101 14 FDIC Applications, 1987-1989 16 External Auditing Programs of Banks, 1987-1988 18 Texas American Bancshares, Inc. (TAB), Fort Worth, Texas Training Wall, M. Danny Whole Bank Transactions viii, xvii, 13, 26, 27, 28, 35, 38, 49 23, 60 xiii 12 The Federal Deposit Insurance Corporation 1989 Annual Report is published by: The FDIC Office of Corporate Communications Room 6068 550 17th Street, N.W. Washington, D.C. 20429 Director: Assistant Director: Senior Writer-Editor: Editorial Assistant: Alan J. Whitney Caryl A. Austrian Jay Rosenstein David Barr Design and Printing Coordinator: Geoffrey L. Wade Art Director: Geri Bonebrake Designer: Sam Collicchio Typography: Mitchell W. Crawley Deidre L. Woodward