Showing posts sorted by relevance for query mozilo. Sort by date Show all posts
Showing posts sorted by relevance for query mozilo. Sort by date Show all posts

15 January 2008

Why It's Good to Have Democrats Running Congress: Part 867-5309

From Nancy Pelosi's blog"

As part of its ongoing investigation into executive pay, the Oversight Committee has invited three CEOs implicated in the subprime mortgage crisis to testify on February 7, 2008, about their severance and compensation packages.

Read letters to Charles Prince, the former CEO of Citigroup (pdf) and E. Stanley O’Neal, the former CEO of Merrill Lynch (pdf).

Full letter to Angelo R. Mozilo, the CEO of Countrywide Financial (pdf):

January 14, 2008

Mr. Angelo R. Mozilo
Chairman and CEO
Countrywide Financial Corporation
4500 Park Granada
Calabasas, CA 91302

Dear Mr. Mozilo:

I am writing to request your testimony at a hearing on February 7, 2008, before the Committee on Oversight and Govemment Reform. The hearing will address executive compensation and severance arrangements for CEOs involved in the ongoing mortgage crisis.

According to recent press reports, if Bank of America completes its proposed purchase of Countrywide Financial, you stand to collect tens of millions of dollars in severance payments and other compensation. I request that you be prepared to provide your perspective on this reported pay package. You should plan to address how it aligns with the interests of Countrywide’s shareholders and whether this level of compensation is justified in light of your company’s recent performance and its role in the national mortgage crisis.

The Committee on Oversight and Govemment Reform is the principal oversight committee in the House of Representatives and has broad oversight jurisdiction as set forth in House Rule X. An attachment to this letter provides additional information about testifying before the Committee.

If you have any questions regarding this letter, please contact Roger Sherman or David Leviss of the Committee staff at (202) 225-5051.

Sincerely,

Henry A. Waxman
Chairman

Enclosure
cc: Tom Davis
Ranking Minority Member

Countrywide’s Mozilo To Leave In Luxury
Andrew Farrell, Forbes - January 14, 2007

Angelo Mozilo made nearly $150 million selling Countrywide shares before they tanked. The mortgage lender’s chief executive can nearly double that windfall and also earn some luxurious perks if he leaves his post following the struggling company’s acquisition by Back of America.

Mozilo will reportedly receive up to $115 million in severance in cash and stock if he resigns or is fired. Mozilo’s future at the company he founded is in doubt after its sale.

On Friday, Bank of America confirmed it will buy Countrywide Financial for $4.1 billion. Bank of America Chief Executive Ken Lewis has said only that he would like Mozilo to stay at Countrywide until the acquisition closes. Then, “I would guess that he’ll want to go have some fun.”

Mozilo, the son of a Bronx butcher, would be able to have some fun in style thanks to some perks in his severance package. In addition to the huge payout, Mozilo can take free rides on the company jet and have his country-club bills paid for, according to a Friday report in the Los Angeles Times.

20 February 2011

Mozilo Skates…

The Department of Justice, no doubt looking forward rather than backward, had dropped its criminal investigation of former Countrywide CEO Angelo Mozilo:
Federal prosecutors have shelved a criminal investigation of Angelo R. Mozilo after determining that his actions in the mortgage meltdown — which led to $67.5-million settlement against him — did not amount to criminal wrongdoing.

As the former chairman of Countrywide Financial Corp., Mozilo helped fuel the boom in risky subprime loans that led to the crippling of the banking industry and the near-collapse of the financial system.

A federal grand jury in Los Angeles began probing Mozilo in 2008, and four months ago he agreed to pay a $22.5-million fine and to repay $45 million in what the government said were ill-gotten gains to former Countrywide shareholders. The payments settled a civil action by the Securities and Exchange Commission.
As Atrios notes, what this really means is that if you want to run a criminal enterprise, make sure that everyone has a piece of it, because, "If Everybody Is Guilty Then Nobody Is."

Matt Taibbi is right, our society is now run by people who have declared criminals to be untouchable before the law.

14 May 2009

Schadenfreude: That is Not a Natural Skin Color Edition

It looks like former Countrywide Mortgage CEO Angelo Mozilo is going to be sued by the SEC for, "insider trading and failing to disclose to shareholders the risks the company was running".

At this point, it appears to just be a civil suit, but it appears to me that this is the first step toward a criminal prosecution.

Needless to say, this is a development that puts me in a Nelson Munz state of mind.
The SEC cannot put Mozilo in jail, but a separate federal criminal probe of Countrywide, begun last year, is continuing, one of the people familiar with the SEC case said.

.....

The agency's staff also is recommending fraud charges against other former Countrywide officials, according to one of the people familiar with the probe, who was not authorized to discuss it publicly and spoke on condition of anonymity.
In the old days, following the excesses of the 1920s, one of the big players did his jail time, and spent the rest of his life earning a modest living running a farm.

If that were to happen to people like Mozilo and Miliken, it would be a good thing, because it would deter those who would be like them.

02 October 2007

Countrywide CEO Dumped Stock Before Crash

And it looks like he might very have gotten away with it. Where are Fred, Daphne, Velma, Shaggy, and Scooby when you need them.

Basically, he handled his shares through a trading plan, a sort of high level document which one gives to a broker, which is intended to avoid even the appearance of insider trading.

However, Countrywide Financial Corp. Chairman and CEO Angelo Mozilo revised the plan repeatedly in the summer of last year, at about the time that he would have been aware that Countrywide was circling the drain.
....

If a guy is changing his plan around, I would think that would send up a red flag. I wouldn't allow my clients to do it," said Thom F. Carroll, a financial planner with the Baltimore wealth management firm Carroll, Frank & Plotkin.

Mozilo adopted a new trading plan, added a second one and then revised it while the housing and mortgage industry slumped, the Times reported, citing regulatory findings.

The changes allowed him to sell hundreds of thousands of additional shares before Countrywide stock plunged.

Sandy Samuels, Countrywide's chief legal officer, said Mozilo's stock sales were all "in accordance with company policy."

....
Yeah, right.

24 July 2007

Prime Mortgages Going Bad Too

The refrain of the NAR, and other people pimping for real estate has been that the meltdown will be confined to sub-prime mortgages.

Coffin, meet nail.
Countrywide feels pain of ailing mortgage market - Los Angeles Times
CEO reports that even 'prime' borrowers are having more trouble making payments. Company's second-quarter profit slides 33%.
By Annette Haddad
Times Staff Writer

2:25 PM PDT, July 24, 2007

Shares of Countrywide Financial Corp. tumbled today after the nation's biggest mortgage lender signaled that rising defaults and delinquencies were spreading beyond the troubled sub-prime market to higher-quality "prime" loans.

The Calabasas-based company reported a 33% drop in its second-quarter profit and slashed its outlook for the rest of the year, citing an "increasingly challenging" housing market.

"We expect difficult housing and mortgage market conditions to persist," said Countrywide Chief Executive Angelo Mozilo.

During the quarter ended June 30, softening home prices in many areas of the country caused delinquencies and defaults to rise for Countrywide borrowers with all kinds of mortgages, Mozilo said.

...
People paid more than they could afford for houses because they were afraid that rising prices would lock them out forever, and they paid too much, and got mortgages that were too bkg.

25 July 2007

Home price depreciation at levels not seen since the Great Depression"

At the Big Picture, there aresome thoroughly shocking quotes from Countrywide Financial Chief Executive Angelo Mozilo.

I agree with Mr. Ritholtz's assessment that the shocker quote is, "Company is seeing home price depreciation at levels not seen since the Great Depression".

FWIW, Mr. Mozilo also said, "no one saw the deterioration of real estate values coming". I beg to differ.

There were a few people, including me, who were noting that house prices were insane, as early as 2002. (Not on this blog, on a message board)

I've also said that the dollar and the balance of payments in the US is unsustainable, and this will create a situation where interest rates going up makes real estate illiquid, and rates going down puts the US dollar through the floor.

We'll see how it goes.

06 March 2013

Un-Dirtyword-Believable

Michael Winston was a high ranking executive who tried to blow the whistle at Countrywide Financial.

He was marginalized, and later fired by Bank of America after they took over the firm.

He filed suit, and was awarded $3.8 million dollars for wrongful termination.

Well, a few weeks after he described the rampant fraud and abuse on the Frontline piece, The Untouchables, the appeals court overturned the verdict based on the facts.

Now I'm an engineer, not a lawyer, dammit,* but even I know that appeals courts are to rule on issues of law, not issues of fact.

It smells to high heaven, as the great Matt Taibbi observes:
When I spoke to him last week, Winston was still as amazed and repulsed by what he saw at Angelo Mozilo's crooked subprime mortgage company as he was when he worked there. Winston, who had worked for years at high-level positions at companies like Motorola and Lockheed before joining Countrywide in the 2000s, described a moment in his first months at the company, when he rolled into the parking lot at the company headquarters.

………

When Winston refused, he was essentially stripped of his normal responsibilities and had his corporate budget slashed. When Bank of America took over the company, Winston's job was terminated. He sued, and in one of the few positive outcomes for any white-collar whistleblower anywhere in the post-financial-crisis universe, won a $3.8 million wrongful termination suit against Bank of America last February.

Well, just weeks after the PBS documentary aired, the Court of Appeals in the state of California suddenly took an interest in Winston's case. Normally, a court of appeals can only overturn a jury verdict in a case like this if there is a legal error. It's not supposed to relitigate the factual evidence.

Yet this is exactly what happened: The court decided that the evidence that Winston was wrongfully terminated was insufficient, and then from there determined that the "legal error" in the original Winston suit against Bank of America and Countrywide was that the judge in the case failed to throw out the jury's verdict:
In short, having scoured the record for evidence supporting the jury's verdict on the issue of causation, we have found none. It follows that the trial court erred in denying defendants' motion for judgment notwithstanding the verdict.
The f%$#ing fix is f%$#ing in.

This is a deliberate attempt to chill the activities of any potential whistle blowers.

If this were an isolated incident, I might not assume corruption, but it is not an isolated case.

It seems to be an cultural imperative to punish whistle blowers, as was shown when the only person to go to jail in the UBS tax evasion case was the whistleblower.

I don't know how this can be fixed, but it needs to be fixed.

*I LOVE IT when I get to go all Doctor McCoy!!!

12 July 2008

FDIC Seizes IndyMac

Ye', Angelo "The Tanned One" Mozilo's other project IndyMac bank has been seized by the FDIC. It is the second largest bank failure ever.

Note that IndyMac was not subprime lender, they did "Alt-A" loans which are the bottom end of the prime market.

We will be seeing more of this.

08 July 2008

Bank Deathwatch: Indymac

The nation's 7th largest mortgage lender is no longer classified as "well capitalized", and it appears to be unable to raise additional capital. As a result regulators are pressuring them to shrink their loan business, and they have laid off half their staff

Indymac currently has a Texas ratio* of 140%, where a number at or above 100% means likely failure

Note that Indymac was cofounded by the "Tanned One" Angelo Mozilo, who also founded countrywide financial. He's just the gift that keeps on giving.

*Quoting wiki, "The Texas ratio is a measure of a bank's credit troubles, developed by Gerard Cassidy and others at RBC Capital Markets. It is calculated by dividing the value of the lender's non-performing loans by the sum of its tangible equity capital and loan loss reserves."

20 June 2008

Countrywide Financial's Angelo Mozilo Gave to McCain

He donated $1000 to the McCain primary campaign, which the good people at Housing Panic found through the NEWSMEAT campaign contribution search engine.

So, the tanned one supports McCain? So not surprised.

25 June 2008

Countrywide Shareholders Approve Takeover as the Police Close In

OK, it may be a bit of an exaggeration. It's true that Coutrywide's shareholders approved the Bank of America takeover.

And as to the question as to whether BoA got a good deal, or whether they come to regret it, I would note that the state attorneys general of Illinois and California have both filed suit for what amounts to fraud and deceptive business practices against the mortgage lender.

Countrywide's founder, Angelo Mozilo, aka "the Tanned One", must be breathing a sigh of relief.

15 June 2013

Here is No Surprise

In a lawsuit, Bank of America* has been accused of giving bonuses to staff for foreclosing on people:
Bank of America Corp. (BAC), the second-biggest U.S. lender, rewarded staff with cash bonuses and gift cards for meeting quotas tied to sending distressed homeowners into foreclosure, former employees said in court documents.

Mortgage workers falsified records and were told to delay U.S. loan-assistance applications by requesting paperwork that the Charlotte, North Carolina-based bank had already received, according to statements from ex-employees filed last week in federal court in Boston. The lender improperly disqualified applicants to the Home Affordable Modification Program, or HAMP, according to a May 23 statement from Simone Gordon, a loss-mitigation specialist who left the company in 2012.

“We were regularly drilled that it was our job to maximize fees for the bank by fostering and extending delay of the HAMP modification process by any means we could,” Gordon said. Managers instructed staff to “delay modifications by telling homeowners who called in that their documents were ‘under review,’ when in fact, there had been no review,” she said.

Bank of America, which has spent more than $45 billion to settle claims tied to its 2008 takeover of Countrywide Financial Corp., is being sued by homeowners who didn’t receive permanent loan modifications after making payments under trial programs, according to court papers. Statements from seven former loan employees were included in a filing last week as part of plaintiffs’ attempt to gain class-action status. The lender has denied the allegations.
(Emphasis mine)

Seriously, why we haven't put banksters in jail, particularly, the former CEO of Countrywide, Angelo Mozilo, who created the mess that BoA is trying to sweep under the carpet?

Also, why did the Obama administration set up HAMP as a Petri dish for mortgage servicer abuses?

*Full disclosure, it is my bank.
Actually, we know why. Geithner wanted to let the banksters to cheat homeowners so as to protect the bank.
Laying it all at Geithner's feet is not completely fair, because as I often say, the Cossacks work for the Czar.

17 February 2009

Another Ponzi Scheme Uncovered

This time it's R. Allen "Sir" Stanford of Stanford International Bank, and once again, his take appears to be in the billions.

Someone still needs to explain to me how this guy is different from Angelo Mozilo.

H/t Calculated Risk

04 June 2009

The "Tanned One" Charged with Securities Fraud


Here's hoping that you get a really ugly cell mate, dude!
The Securities and Exchange Comission has charged the former CEO of Countrywide Mortgage, Angelo Mozilo, with securities fraud for insider trading.

Basically, he, former COO, David Sambol, and former CFO, Eric Sieracki, are accused of misleading investors about how crappy their lending standards were until they dumped their own stock.

This is not a criminal proceeding, but one hopes that it moves to that.

10 February 2024

What Happens When You Turn an Industry into a Financial Product

It used to be that residential solar power installation was an industry primarily geared toward selling and installing solar power installations.

These days, it is primarily a way to create complex financial instruments which either generate profit directly or through the resale of those pecuniary instruments.

It turns out that, like every financialized industry this has created an unsustainable petri dish for fraud, and now the "Unsustainable" part is coming to the fore:

A decade ago, someone knocking on your door to sell you solar panels would have been selling you solar panels. Now, they are probably selling you a financial product—likely a lease or a loan.

Mary Ann Jones, 83, didn’t realize this had happened to her until she received a call last year from GoodLeap, a financial technology company, saying she owed $52,564.28 for a solar panel loan that expires when she’s 106, and costs more than she originally paid for her house.

In 2022, she says, a door-to-door salesman from the company Solgen Construction showed up at her house on the outskirts of Fresno, Calif., pushing what he claimed was a government program affiliated with her utility to get her free solar panels. At one point, he had her touch his tablet device, she says, but he never said she was signing a contract with Solgen or a loan document with GoodLeap. Unbeknownst to Jones, the salesman used "yoursolarguyujosh@gmail.com" as her purported email address—that of course, was not her email address. She’s on a fixed income of $960 a month, and cannot afford the loan she says she was tricked into signing up for; she’s now fighting both Solgen and Goodleap in court.

Her case is not uncommon. Solar customers across the country say that salespeople obscure the specific terms of the financial agreements and cloud the value of the products they peddle. Related court cases are starting to pile up. “I have been practicing consumer law for over a decade, and I’ve never seen anything like what we are seeing in the solar industry right now,” says Kristin Kemnitzer, who represents Jones and says her firm gets “multiple” calls every week from potential clients with similar stories.

This is why it does not make sense to incentivize private actors to address public goods.

The goal of the private actors is NEVER to provide those public goods, it is to maximize the profit from the incentives provided.

………

Still, the residential solar industry is floundering. In late 2023 alone, more than 100 residential solar dealers and installers in the U.S. declared bankruptcy, according to Roth Capital Partners—six times the number in the previous three years combined. Roth expects at least 100 more to fail. The two largest companies in the industry, SunRun and Sunnova, both posted big losses in their most recent quarterly reports, and their shares are down 86% and 81% respectively from their peaks in January 2021. (This isn’t because of an economy-wide trend; the S&P 500 has grown 26% over the same time period.) Sunnova is also under the microscope for having received a $3 billion loan guarantee from the Department of Energy while facing numerous complaints about troubling sales practices that targeted low-income and elderly homeowners. Another solar giant, SunPower, saw shares plunge 41% on Dec. 18 after it said that it may not be able to continue to operate because of debt issues. Sunlight Financial, a big player in the solar finance space, filed for Chapter 11 bankruptcy in October; it also faces a lawsuit alleging that the company made false and misleading statements about its financial well-being.  

Lending long and borrowing short stops working when interest rates rise, and you end up paying more in interests than you get from borrowers.

Whatever the Fed raising interest rates have done, it has pulled the rug out from all sorts of irresponsible, and frequently criminal, actors in our economy.

At the root of these struggles is the complicated financial engineering that helped companies raise money but that some investors and analysts say was built on a framework of lies—or at least exaggerations.

Enough with the, "Or at least exaggerations," bullsh%$.  This is flat out lying.

Since at least 2016, big solar companies have used Wall Street money to fund their growth. This financialization raised the consumer cost of the panels and led companies to aggressively pursue sales to make the cost of borrowing Wall Street money worth it. National solar companies essentially became finance companies that happened to sell solar, engaging in calculations that may have been overly optimistic about how much money the solar leases and loans actually bring in. 

………

Residential solar has always faced a big impediment to growth: installing and maintaining solar panels is expensive, and few consumers wanted to spend tens of thousands of dollars in cash to pay upfront for what was a relatively untested product. To get around this problem, a company called SolarCity came up with a new model in the early 2010s—leasing solar panels to customers, allowing them to pay little to no upfront cost. Companies like SunRun quickly followed; by 2014, this “third-party owned” kind of leased solar accounted for around 70% of total residential installations.

You remember SolarCity, run by Kimball Musk, and bailed out by his brother Elon, who was also a major investor, using Tesla shareholder money.

Funny, innit?

Besides enabling sales, there were other, even bigger, financial benefits of this practice for SolarCity. Since the company, not the consumer, owned the solar panels, SolarCity could claim the hefty 30% tax credit for solar panels the government approved in 2005. It then took those tax credits and sold them to companies like Google or Goldman Sachs who, unlike SolarCity, were making a profit and so owed money on their taxes. Those sales helped fund SolarCity’s further growth.
So even with SolarCity ripping off the taxpayers, they still flamed out.

The problem is with the whole model, which always fails like this.

By contrast, the Rural Electrification Program, begun in 1936, gave loans to cooperatively owned rural electric utilities, actually got the infrastructure built quickly and fraud free.

………

SolarCity ran out of money in 2016 and was acquired by Tesla, but the problems created by its expensive model have persisted. (Tesla did not respond to a request for comment.) Even today, about one-third of the upfront cost of a residential solar system goes to intermediaries like sales and financing people, says Pol Lezcano, an analyst with BloombergNEF. In Germany, where installation is done locally and there are fewer intermediaries, the typical residential system costs about 50% less than it costs in the U.S. “The upfront cost of these systems is stupidly high,” says Lezcano, making residential solar not “scalable.”

That was never the goal.  The goal was to allow Wall Street to get their vigorish.

………

In some ways, the current situation in the residential solar market is analogous to the subprime lending crisis that set off the Great Recession, though on a smaller scale. Like in the subprime lending crisis, some companies issued loans to people who could not—or would not—pay them. Like in the subprime lending crisis, thousands of these loans—and in solar’s case, also leases—were packaged and sold to investors as asset-backed securities with promised rates of return. The Great Recession was driven largely by the fact that people stopped paying their loans, and the asset-backed securities didn’t deliver the promised rate of return to investors. Similar cracks may be forming in the solar ABS [Asset Based Security] market. For instance, the rate of delinquencies of loans in one of Sunnova’s asset-backed securities was approaching 5% in the fall of last year, according to an October 2023 report issued by KBRA, a bond ratings agency. Historically, delinquencies in solar ABS had been around 1%. 

Tell me that this does not sound a lot like what led up to the implosion of Angelo Mozilo's Countrywide Financial.

Whenever you try to subsidize a government priority, you get fraud and corruption, because the goal of the for-profit actors involved is to maximize profit.  (Econ 101)

They maximize profit by gaming the subsidies, which mitigates against their actually doing productive work.