Arkansas Democrat-Gazette

Investigat­ion of failed bank opens

Stock sale by executives called potential focus of probe

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS

The Justice Department has opened an investigat­ion into the collapse of Silicon Valley Bank, two people with knowledge of the matter said. The investigat­ion is in its early stages, and it is unclear what federal prosecutor­s are focused on, one of the sources said.

A Justice Department spokesman declined to comment. One potential focus is expected to be sales of company shares by several bank executives in the weeks before the bank’s failure, several legal experts said.

The sales generated millions of dollars in proceeds, although some of the bank’s executives sold stock pursuant to insider selling plans that set the timing of such sales in advance. Such plans are set up by corporate executives to avoid the appearance of trading on confidenti­al informatio­n.

For example, under a prearrange­d plan, Silicon Valley Bank’s former chief executive, Gregory Becker, exercised options in late February that permitted him to sell shares worth about $3 million for around $287 a share; the sales were disclosed in a regulatory filing on March 1. The filing also shows the stock trading plan was set up on Jan. 26, when shares of the bank closed at $296.

Some politician­s have said the bank executives should return any money they made from those stock sales.

Becker could not be immediatel­y reached for comment. The investigat­ion was first reported by The Wall Street Journal.

It is not uncommon for investigat­ors to look into prearrange­d stock selling plans when the sales take place shortly before bad news that

tanks a company’s stock.

The Securities and Exchange Commission also has opened an investigat­ion led by the commission’s office in San Francisco, said a person briefed on the matter.

Andrew Calamari, a lawyer for Finn Dixon & Herling and a former director of the New York office of the SEC, said insider sales were an obvious issue for prosecutor­s to investigat­e.

He also said any SEC investigat­ion would look at the insider sales, as well as the disclosure­s by the bank about its financial health.

The SEC did not respond to a request for comment. But Gary Gensler, the SEC chair, issued a statement Sunday in response to the trouble in the banking sector.

“Without speaking to any individual entity or person, we will investigat­e and bring enforcemen­t actions if we find violations of the federal securities laws,” he said.

The collapse of Silicon Valley Bank was precipitat­ed by a bank run by customers who had so-called uninsured deposits — accounts that exceeded the $250,000 limit on federally guaranteed deposit insurance — and tried to withdraw those funds.

The Federal Deposit Insurance Corp. seized the bank Friday and two days later seized another bank, Signature Bank of New York, which was facing a similar problem. The FDIC and the Federal Reserve also said all depositors of both banks would be made whole, avoiding concerns the business customers of the banks might not be able to pay their employees.

The bank failures raised widespread fear of depositors pulling their money out of regional lenders — a move that is expected to destabiliz­e the banking system. But actions taken by federal regulators over the weekend appeared to stem some of that fear, pushing stocks of regional banks higher Tuesday.

CLASS ACTION

Atop federal scrutiny, shareholde­rs are seeking a class action lawsuit against the parent company of Silicon Valley Bank, as well as its CEO and chief financial officer, saying the company failed to disclose risks associated with interest rate increases by the Fed.

The proposed class action against SVB Financial Group, CEO Greg Becker and CFO Daniel Beck was filed in the U.S. district court for the Northern district of California. It seeks compensati­on for unspecifie­d damages to investors of SVB Financial Group between June 16, 2021, and March 10, when the bank failed and its assets were seized by regulators.

The lawsuit led by shareholde­r Chandra Vanipenta says some quarterly and annual financial reports from the company didn’t fully account for warnings from the Fed about its aggressive pace of interest rate increases over the past year.

In particular, the lawsuit says annual reports for 2020 through 2022, “understate­d the risks posed to the company by not disclosing that likely interest rate hikes, as outlined by the Fed, had the potential to cause irrevocabl­e damage to the company,” the lawsuit stated.

The lawsuit also says the company “failed to disclose that, if its investment­s were negatively affected by rising interest rates, it was particular­ly susceptibl­e to a bank run.”

The second-largest bank failure in the United States, Silicon Valley Bank’s collapse has shaken the tech industry and banking sector. The bank had establishe­d itself as the “go-to” spot for venture capitalist­s looking for financial partners that are more open to unconventi­onal business proposals than bigger, more establishe­d banking peers.

Venture capitalist­s set up accounts at Silicon Valley Bank just as the tech industry started its boom, and then advised entreprene­urs they funded to follow suit.

That cozy relationsh­ip came to an end last week when the bank disclosed a $1.8 billion loss on low-yield bonds purchased before interest rates began to spike, raising alarms among its financiall­y savvy customer base who then spread warnings that turned into a calamitous run on deposits.

 ?? (AP/Benjamin Fanjoy) ?? A woman who was in a line entering the Silicon Valley Bank’s headquarte­rs pauses to take a selfie Monday in Santa Clara, Calif.
(AP/Benjamin Fanjoy) A woman who was in a line entering the Silicon Valley Bank’s headquarte­rs pauses to take a selfie Monday in Santa Clara, Calif.

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