Ex-Wilmington Trust Executives Found Guilty of Fraud, Conspiracy
A federal jury on Thursday found four former Wilmington Trust executives guilty of orchestrating a scheme to hide hundreds of millions of dollars in bad loans from regulators and investors.
May 03, 2018 at 06:20 PM
4 minute read
The original version of this story was published on Delaware Law Weekly
Wilmington Trust headquarters in Delaware. Photo Credit: Photo: RevelationDirect via Wikimedia Commons
A federal jury on Thursday found four former Wilmington Trust executives guilty of orchestrating a scheme to hide hundreds of millions of dollars in bad loans from regulators and investors.
The 12-member panel convicted Robert V.A. Harra, David Gibson, William North and Kevyn N. Rakowski on 15 counts of fraud and conspiracy in a Wilmington courtroom after about a week of deliberations. The U.S. Attorney's Office for the District of Delaware confirmed the verdict Thursday afternoon.
Harra, North and Rakowski formerly served as Wilmington Trust's president, chief credit officer and controller, respectively. Gibson, the bank's former CFO, was convicted on three additional counts of making false certifications in financial reports
In a statement, U.S. Attorney David C. Weiss praised the verdict and said the defendants were “victim[s] of their own arrogance.”
“Defendants made the conscious decision to lie about hundreds of millions of dollars in matured, past due loans,” he said. “Defendants' failure to disclose these past due loans was significant.”
A four-member trial team from McCarter & English, which represented Harra during the six-week trial, said Thursday that the attorneys were “stunned” by the jury's decision.
“The simple fact is that our client is an honorable man who never in his life thought about committing a crime. We will vigorously appeal this,” they said in a statement.
David E. Wilks, who represented North, also vowed to continue fighting the verdict. In a statement, he said his client remains “steadfast” that he never committed a crime.
“The evidence is undisputed that Mr. North was highly regarded as an honest, trustworthy, ethical and hardworking banker by his fellow Wilmington Trust employees,” said Wilks, of Wilks, Lukoff & Bracegirdle.
Attorneys for the other defendants were not immediately available to comment.
The executives were accused in May 2015 of concealing the amount of ”toxic” real estate loans on its books between October 2009 and November 2010. According to the indictment, Wilmington Trust avoided mandatory disclosures to the U.S. Securities and Exchange Commission and the Federal Reserve Bank by “waiving” matured loans from the reporting requirements for past due loans.
Prosecutors said that by the end of 2009, the bank reported just $10.8 million of the $344.2 million in commercial real estate loans that were past due by 90 days or more, giving investors and regulators a false impression of the Delaware financial institution's health. Under pressure to eliminate the past due and matured loans, the executives hatched a plan to “mass-extend” more than 800 commercial loans worth around $1.3 billion.
Once the public learned the scope of the toxic loans, Wilmington Trust was purchased in a fire sale by M&T Bank in November 2010 for just $3.84 per share—about $9.41 per share less than its value when the bank raised $273.9 million in a public offering nine months prior, according to the indictment.
Wilmington Trust's former chairman and CEO Ted Cecala was never charged, but the bank itself became the first financial institution to face criminal charges in connection with the federal government's Troubled Asset Relief Program.
Wilmington Trust reached a $60 million settlement with prosecutors last October, just as the trial before U.S. District Judge Richard G. Andrews of the District of Delaware was set to begin.
The individual defendants had maintained their innocence and denied that a conspiracy ever existed. The defense team—which also featured attorneys from Paul Hastings and Dalton & Associates—argued that the loan waiver practice was common in the industry and was no secret to regulators.
Prosecutors, they said, had failed to prove that the defendants agreed to interfere with government oversight of the bank and committed overt acts to further the scheme.
Government attorneys, however, were able to point to witness testimony, as well as a series of emails from the executives detailing the bank's practice of extending matured loans and their desire to keep it hidden.
“The jury understood these facts. People who have mortgages, car loans and credit cards understand that there are no loan extensions or waivers. When the bill comes due banks expect to be paid—period,” Weiss said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllEagle Pharma Founder Sues Company to Recoup Cost of SEC Investigation
2 minute readPrivate Equity Firm's Counsel to Del. Supreme Court: Forfeiture Provisions Present 'a Choice'
4 minute readDavis Polk Lands Spirit Chapter 11 Amid Bankruptcy Resurgence
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250