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Wall Street Journal breaks ice on Andrew McCain's Silver State Bank board resignation

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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 01:12 AM
Original message
Wall Street Journal breaks ice on Andrew McCain's Silver State Bank board resignation
Three weeks after the event and after an almost daily watch at DU the first report on the story was published today in the MSM by the Wall Street Journal. There are still questions about the delay of the Q2 report that was held until after the resignation in an obvious attempt to lessen possible public connection between the disastorous performance of the board and McCain's tenure as a director. In the 100+ days that McCain was on the board the shareholders lost $ 100+ million in shareholder value. The WSJ reports that depositors are withdrawing at a rate of $ 4 million a day which would indicate that those withdrawals may be reaching the $ 100 million mark.

Not only was the Q2 report delayed but after it was issued a revision had to be issued showing that the losses were still underreported and the total operational loss was $ 73.2 million. When this was reported on Friday the share price for SSB tumbled losing another 25% of its value on Friday. The price was $ 8.66 on April 1st when Andre McCain joined the board. The total loss to shareholders now exceeds $ 120 million. The total capitalization of the shares of the bank has now fallen to $ 9.38 million.

http://finance.google.com/finance?chdnp=1&chdd=1&chds=1&chdv=1&chvs=maximized&chdeh=0&chdet=1217120283937&chddm=1173&q=NASDAQ:SSBX&


Wall Street Journal




McCain's Son Sat on Troubled Bank's Board




http://online.wsj.com/article/SB121876461747243159.html?mod=googlenews_wsji

Sen. John McCain's son served until last month on the board audit committee of a Nevada bank that is struggling to survive amid mounting losses and regulatory scrutiny.

Andrew K. McCain, 46, was on the board of Silver State Bancorp for five months before he resigned on July 25 for unspecified "personal reasons," according to a news release issued by the bank at the time.


Andy McCain was on the board of Silver State Bancorp for just five months before he resigned on July 25 for 'personal reasons.'
A week after Mr. McCain's departure, the Henderson, Nev., company reported a loss of $62.7 million in the second quarter and said its capital -- the bank's cushion to absorb losses -- had eroded significantly. At the same time, Silver State announced the resignations of its chief executive and chairman.

On Thursday, the bank said in a securities filing that it actually lost $73.2 million in the second quarter. Silver State also said in the filing that its worsening financial condition means there is "uncertainty about the company's ability to continue as a going concern."

There is no evidence that the younger Mr. McCain committed any wrongdoing, or that Sen. McCain, the Republican presidential candidate from Arizona, had any knowledge or involvement in the bank's woes, which partly stemmed from troubled construction and land-development loans.

But with banks across the country struggling amid the credit crunch and the economic slowdown, the Republican presidential candidate's family ties could emerge as an issue on the campaign trail. The younger Mr. McCain's associates had urged him to step down from the board of Silver State, saying it could become a liability in his father's White House bid, according to a person in the local banking industry familiar with the matter.

clip

Mr. McCain and Sen. McCain's campaign both declined to comment.


Silver State's three-person audit committee was responsible for monitoring the company's overall financial condition and the preparation of its quarterly financial statements.

In recent weeks, federal and state regulators have intensified their scrutiny of the bank's books, according to people familiar with the bank. The bank's customers have been pulling deposits at a rate of about $4 million per day, one person said. A Federal Deposit Insurance Corp. spokesman declined to comment.



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cliffordu Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 01:24 AM
Response to Original message
1. Ouch, that'll leave a mark.....
Yo, Grantcart!!

:hi:
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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 01:33 AM
Response to Reply #1
2. yo' clifford
Edited on Sat Aug-16-08 01:33 AM by grantcart
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davidpdx Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 01:36 AM
Response to Original message
3. Hey better for them to get it out now when everyone is
focused on the Olympics. I think it still won't damage McCain much. I'm waiting for him to do a nose dive off a stage ala Dole.
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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 01:37 AM
Response to Reply #3
4. if the bank continues to lose depositers at $ 4million a day it is unlikely the bank will survive
until the election.
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davidpdx Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 01:46 AM
Response to Reply #4
5. I hope they are keeping an eye on this
If the bank does go belly up, the media needs to show why it did.
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FatDave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 02:48 PM
Response to Reply #5
15. Yeah. That'll happen. (nt)
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enough Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 07:54 AM
Response to Original message
6. k&r
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GoesTo11 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 08:23 AM
Response to Original message
7. There's a bigger story hiding in there, I know it.
Edited on Sat Aug-16-08 08:35 AM by GoesTo11
My guess: McCain's son was brought onto the board to get favorable regulatory treatment. McCain gave them some extra time - telling regulators to look the other way or something. With that time, CEO sold stock. Taxpayers left holding an even larger bag.

Read up on Neil Bush, Silverado, (or *, Harken) for a sense of how this works.

Read up on Keating 5 too.

McCain's son joined the board in February. There's a story here, dammit, and the press, of course, is not digging.
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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 11:33 AM
Response to Reply #7
12. well to give a little background McCain's son joined the board of this
bank because the bank that he was on previously was bought out by SSB. Of course there is more to the story but it may not be exactly in the direction you hint.
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Snarkoleptic Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 09:22 AM
Response to Original message
8. I tried to help this story gain traction on July 26th.
When he resigned for personal reasons, we all knew what was coming.
http://implode-explode.com/forum/viewtopic.php?t=78088&sid=4129545d09998f83537649c3a82e7716
Their stock is trading at $0.62/share and has a 52-week high of $19.44/share.
They are screwn.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 10:12 AM
Response to Original message
9. Too bad it was a Friday news story.
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grantcart Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 12:08 PM
Response to Reply #9
13. well we just have to keep kicking it around
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nc4bo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 10:41 AM
Response to Original message
10. k&r nt.
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rainbow4321 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 11:01 AM
Response to Original message
11. Nice..so it took them 3 weeks to cover what DUer's covered within
Edited on Sat Aug-16-08 11:06 AM by rainbow4321
a DAY of the initial resignation announcement??
So I guess we should expect to see them report on a Silver State/Southwest Exchange(repuke Donald McGhan)/UBS(Phil Gramm??)/McCain connection in, oh, maybe a year or 2?? Google is your friend, WSJ.


http://asternglance.com/2008/07/01/silver-state-bank-sues-state-of-nevada-lvrj/

Silver State Bank Sues State of Nevada
Silver State seeks damages related to Southwest Exchange failure

Real estate investors are suing Southwest Exchange owner Donald McGhan and others, alleging that their money was illegally diverted. In papers filed in Clark County district court, the Henderson-based bank argued that the plaintiffs shouldn’t get a judgment against the bank.

The division should have known that Southwest Exchange’s bank accounts were not set up as escrow accounts, the lawsuit said. In addition, the lawsuit said the division should have known that Southwest Exchange bank accounts were illegal because they didn’t require a client’s signature prior to diversion of a client’s money from the bank account.

By not taking action against Southwest Exchange, the division breached that duty, the lawsuit said.

Silver State argued that it is exempt from any liability in the Southwest Exchange case under the Uniform Fiduciaries Act, in part because it didn’t know client money was being stolen from the accounts.

---------------

http://www.instituteforlegalreform.com/media/displayarticle.cfm?artid=ILLI348124735

UBS Financial Services has agreed to make a $23 million settlement payment on behalf of real estate investors who lost money to Southwest Exchange, according to a letter on the Web site of Santa Barbara, Calif., law firm Hollister & Brace.
<snip>

Southwest Exchange bank balances exceeded $215 million in 2005, giving the company enough money to close on replacement properties for clients, although $75 million had been diverted, according to the lawsuit.


"In late 2005, the real estate market cooled, which meant that money from the declining number of new exchanges was going to be insufficient to pay for the close of the increasing number of older exchanges," the court papers say.

Southwest Exchange started to have a cash crunch, but the lawsuit said that McGhan and others continued the Ponzi scheme by purchasing Qualified Exchange Services of Santa Barbara and stealing $10 million to $12 million belonging to QES clients.















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Ichingcarpenter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 12:12 PM
Response to Original message
14. Just watch as more banks fail and we get closer to the election
Not only Silver State's McCain problems will come up but also
the Keating 5 will be dragged into the equation.

I'm glad the WSJ is picking this up after so long.
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Jeff In Milwaukee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 04:08 PM
Response to Original message
16. What are you suggesting?
That John McCain would do something unethical
to prop up a scandal-plagued financial institution?





:rofl:

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CitizenPatriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-16-08 04:30 PM
Response to Original message
17. mc cain's son is being investigated
regarding the scandal at Silver State Bank and the incredible losses during his time on the board. The McCain name has cropped up in the sub prime mortgage debacle and his fingerprints are all over the deregulation of the banks which lead to the improper mortgages and ake financial high which attracted investors (builders/developers), which is what Silver State specialize in.

We can't comment anymore; it's our policy not to discuss ongoing investigations. WE can only confirm that he resigned after a disaster plunge in stock price during his time on the board, right before the bank was taken over by the feds. Inside info? Did he sell all of his stock? Did Dad? We can't say.

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nc4bo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Aug-18-08 10:00 AM
Response to Original message
18. wheeeeeeeeeee. nt
:kick:
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nc4bo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-19-08 08:42 AM
Response to Reply #18
19. .57
:kick:
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nc4bo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 04:13 PM
Response to Reply #19
20. .50
:kick: cause it's still not a big deal.
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AzDar Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 04:25 PM
Response to Original message
21. Kick...for MkKKKain KKKorruption....
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Supersedeas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-21-08 04:33 PM
Response to Original message
22. no political issue as long as the Free Ride Media can help it
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nc4bo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-22-08 09:10 AM
Response to Original message
23. .50
Nothing new - just chatter.



Form 8-K for SILVER STATE BANCORP

21-Aug-2008

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standa

ITEM 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

On August 15, 2008, Silver State Bancorp (the "Company") received a letter from the Nasdaq Stock Market ("Nasdaq") indicating that the Company no longer complies with the audit committee composition requirements as set forth in Marketplace Rule 4350, which requires a listed company to have an audit committee of at least three independent members. As a result of the resignation of Andrew K. McCain from the board of directors on July 26, 2008, the Company's audit committee has only two independent members.

In accordance with Marketplace Rule 4350(d)(4), Nasdaq has provided the Company a cure period to regain compliance until the earlier of the Company's next annual shareholders' meeting or July 26, 2009; or if the next annual shareholders' meeting is held before January 22, 2009, then the Company must evidence compliance no later than January 22, 2009. If the Company does not regain compliance within this period, the Nasdaq Stock Market will provide written notification that the Company's securities will be delisted. Upon receipt of the delisting notification, the Company may appeal the delisting to Nasdaq's Listings Qualifications Panel.

The Nominating and Governance Committee of the Company has recommended that Mr. Philip C. Peckman be appointed to the Audit Committee to cure the deficiency. Mr. Peckman, currently serves as a Chairman of the Board of Directors, and satisfies the qualifications, including the independence requirements, necessary to serve as a member of the Company's Audit Committee and previously served on the Audit Committee prior to the Company's public offering in 2007. The Company expects the Board of Directors to act on this recommendation at its next scheduled meeting.



:kick:'ing to keep it alive.
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