New info from WSJ OTS Let IndyMac Backdate Infusion By JESSICA HOLZER
WASHINGTON -- The Treasury Department's inspector general is probing the Office of Thrift Supervision for permitting a backdated capital infusion into IndyMac Bancorp a few months before its collapse in July. The infusion allowed the bank to be classified as "well capitalized," instead of "adequately capitalized," at the end of the first quarter. That let IndyMac avoid having to take certain steps with the Federal Deposit Insurance Corp. West Region Director Darrel Dochow, was removed from his current duties in connection with the inquiry, according to letters released Monday by the office of Sen. Charles Grassley (R., Iowa). An OTS spokesman said Mr. Dochow wasn't available for comment.
In a letter to Sen. Grassley, Treasury Inspector General Eric M. Thorson said the probe would examine why Mr. Dochow allowed IndyMac to record $18 million in capital as received from its holding company before March 31, 2008, even though the injection occurred after that date. In a letter to Mr. Thorson released by Sen. Grassley's office, OTS Director John M. Reich suggested the $18 million capital injection occurred May 9. However, in his letter to Sen. Grassley, Mr. Thorson cited conflicting evidence about whether the contribution occurred in April or May. "The circumstances and accounting of this transaction as described by OTS are unclear, and the documentation provided by OTS was ambiguous and incomplete," Mr. Thorson wrote to Sen. Grassley. Mr. Thorson also noted that the OTS has allowed other thrifts to record capital infusions in a different quarter than when they were received. Without the backdated capital contribution, IndyMac's risk-based capital ratio would have fallen below the 10% threshold for "well capitalized" banks to 9.98% as of March 31, partly as a result of changes proposed by its auditor, Ernst & Young. The change in designation from well-capitalized to "adequately capitalized" would have required IndyMac to get special permission from the FDIC to offer brokered deposits. Such deposits offer higher yields to consumers, but pose a greater risk to the FDIC's deposit-insurance fund. The FDIC has estimated IndyMac's failure will cost its deposit insurance fund $8.9 billion. In his letter to Sen. Grassley, Mr. Thorson wrote that he believes the backdated capital contribution "is a relatively small factor in the events leading to the failure of IndyMac." But he added that his office "must take certain actions to ensure that OTS remains a well managed regulatory agency." Treasury Secretary Henry Paulson requested the inquiry after the backdated capital infusion came to light during a standard review of IndyMac and the causes of its failure by the inspector general. In a statement, Sen. Grassley, whose office released the letters from Messrs. Thorson and Reich, criticized the OTS and raised questions about the implication for the financial condition of other thrifts that the agency may have also permitted to backdate capital infusions. "The role of the Office of Thrift Supervision, as the name says, is to supervise these banks, not conspire with them," he said. Write to Jessica Holzer at jessica.holzer@dowjones.com |