Philadelphia Federal Court of Appeals overturned criminal convictions of former Wilmington Trust chairman Robert VA Harra and three senior executives for lying to regulators and investors, and ordered a retrial for securities fraud movable and conspiracy.
The four had been condemned jailed in 2018 by a Delaware federal judge for failing to disclose bad debts to major developers before the bank’s $ 12 billion financial collapse in 2010, but has since been released on appeal.
Seven years after the charges were laid, a jury found them guilty of hiding more than $ 300 million in bad home loans from bank examiners and the US Securities and Exchange Commission, resulting in heavy losses for investors and taxpayers.
The US Treasury bailed out the bank as part of stimulus efforts after the 2008 national economic slippage. In the end, more than 700 workers lost their jobs when it was sold at a very cheap price to M&T Bank for. prevent it from going bankrupt.
Lawyers for the bankers argued that they were acting legally, and at least some regulators approved that the bank routinely grant unpaid loans to large developers, without classifying them as delinquents. The defendants said the bank could have recovered as the real estate markets recovered, with sufficient time.
The three-member court of appeal threw the condemnations defendants accused of misrepresentation.
“The government here has produced insufficient evidence from which a rational jury could find the defendants’ statements false,” because the rules are “ambiguous,” US judge Cheryl Ann Krause wrote in an opinion for the appeal panel.
The panel ordered their acquittal of that charge, saying the judge erred in his instructions to the jury.
But while also quashing the defendants’ convictions for conspiracy and securities fraud, the judge allowed prosecutors to request a new trial on the charges. She noted that prosecutors had separately based these accusations on a second theory – that the bank had wrongly “extended” a long list of bad loans and “pretended” that they were still good – and the bankers could again be tried on these charges.
“I am disappointed with this result,” David C. Weiss, US lawyer from Delaware, said in a statement. He said his office has yet to decide whether to retry the defendants.
The four senior Wilmington Trust officials were among a handful of bankers convicted of crimes related to the financial collapse that sparked a wave of job-destroying bank mergers and takeovers in the late 2000s during what is known as the Great Recession.
It was not the only bank, nor the largest, to deal with insolvency. But prosecutors argued that Wilmington Trust officials crossed a line in defending collateral on large and fragile loans that had lost much of their value and by sticking to that script for far too long, causing more serious damage to investors who believed them.
Harra was sentenced to six years in prison. David Gibson, the bank’s former CFO, was sentenced to the same sentence, while former credit manager William North risked 4.5 years and controller Kevyn Rakowski three years. None have been used at any time.
Harra is “very happy and incredibly relieved,” said attorney Michael P. Kelly, president emeritus of McCarter & English LLP, who defended Harra. “I never understood why this matter was brought.”
Kelly argued that the former Office of Thrift Supervision, one of the bank’s regulators, had “approved the bank’s reporting practices” and that prosecutors blamed other banking problems on a relatively small number of bankers. ready.
Harra “never dreamed of breaking the law,” Kelly added, but was the subject of a “nightmarish” lawsuit. The lawyer added that Harra, along with the other defendants, reported to the bank’s managing director, Theodore Cecala, who has never been charged.
Rakowsky “is undoubtedly satisfied, but the personal toll she has suffered has been incalculable,” added her lawyer, Henry Klingeman.