T.R | Title | User | Personal Name | Date | Lines |
---|
240.1 | Running for the board | MRKTNG::LUCIANO | RICH LUCIANO @TTB | Mon Apr 08 1991 09:45 | 2 |
| I am running for the board of directors......Thanks for letting me
know!
|
240.2 | Who's next? | STAR::BUDA | Putsing along... | Mon Apr 08 1991 15:54 | 3 |
| I wonder how long before he does the same to DCU? Whats to stop him?
- mark
|
240.3 | He was FIRED by DCU!! | SAFETY::SEGAL | Len Segal, MLO6-1/U30, 223-7687 | Tue Apr 09 1991 00:27 | 4 |
| DCU confirmed today, that he was fired as of 5 April 1991!
I do hope that the NCUA does a full audit of DCU to determine if
DCU might have been similarly used for any wrong-doing.
|
240.4 | Wow... | DEMON3::CLEVELAND | Notes - fun or satanic cult? | Tue Apr 09 1991 11:34 | 7 |
| Gee, I expected a response, but not that one!
Seriously, I don't want to judge Mangone on what might have been
illegal about those dealings, but I don't want my banker to even give
the appearance of impropriety. I applaud the board's decision.
Tim
|
240.5 | | NETATE::BISSELL | | Tue Apr 09 1991 12:56 | 3 |
| I would hope that the Board of Directors would do a special audit using a
firm other than the current auditors.
|
240.6 | | GUFFAW::GRANSEWICZ | It's on my list | Tue Apr 09 1991 13:16 | 9 |
|
Many questions here...
Are the DCU auditors the same auditors as the other credit union? Who
was supposed to be watching/evaluating the DCU President? Or any of
the other officers for that matter. With everything going on in the
financial community, I would expect a COMPLETE investigation and audit.
Out of curiosity, how long was this guy President?
|
240.7 | | NETATE::BISSELL | | Tue Apr 09 1991 14:01 | 1 |
| Richard was the only president that DCU has ever had.
|
240.8 | | NETATE::BISSELL | | Wed Apr 10 1991 11:04 | 3 |
| Your elected board of Directors is responsible to oversee the President. I
would hope these questions would be answered at the annual meeting but if not
then they should be brought up from the floor at the meeting.
|
240.9 | Typically NO ONE attends Annual Meeting! | SAFETY::SEGAL | Len Segal, MLO6-1/U30, 223-7687 | Wed Apr 10 1991 11:41 | 21 |
| RE: -.1
Typically, NO ONE from the DEC Members attends the Annual Meeting!!
Perhaps we should make an effort to attend this year and ask some
pointed questions? Although I sent my ballot in, I don't recall
when the meeting is. [I've always wondered why I can beat DCU's
interest rates on savings in any CU I've ever been a member
of/checked into. In fact, some commerical/savings banks can beat
DCU.]
DCU has been playing it real "cagey" about releasing the info that
the President was terminated on 5 April 1991. Members who call get
the run-around, put on hold for extensive periods of time before
being passed off to the next person (and repeating the above
process), asked who they are & badge #, etc. and if they are
persistent enough, DCU will finally admit the fact.
BTW: He was the ONLY President that DCU has ever had!! I also
think that he is the person that Ed Fultz (sp?) and I met with a few
years ago (see much earlier notes on meeting with DCU).
|
240.10 | a bit too far for me to attend... | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Wed Apr 10 1991 18:29 | 8 |
| I'd go if I wasn't out here in Chicago, 984 miles from DCU. At
times like this, I've been known to be quite vocal, and disruptive
if necessary, at such meetings. I'd like to hear the full story,
and if appropriate, someone on the floor should ask for the whole
board of directors to resign on the spot!
Perhaps someone should contact the NCUIA or whatever their name
was, and ask them to check into things, just to be safe.
|
240.11 | | NETATE::BISSELL | | Thu Apr 11 1991 09:57 | 44 |
| re .1
I have not yet voted but am making up my mind at this time.
Rich , what would you do to verify that no improper actions/loans involving
employees/past employees/Board of Directors have occured or to prevent any such
action in the future ?
How about making a public record/announcement of any loan transaction that is
made to anyone in the approval/management process such as BOD/President/
loan committee/etc. ?
Re .10
It seems simple to me that a credit union is much like a bank. They rent money
from the depositors by paying interest and rent/lease money from other sources
They then rent/lease this money to others by charging interest.
As a non-profit organization the difference between the two is the expense to
run the CU which includes the buildings- salaries - cost of ATMs - and losses
on loans.
Now banks do the same things but they also have to return a profit to their
stockholders in addition to the expenses.
If this is essentially true, then a C.U. should be able to pay a higher
interest to its depositors or charge a lower price for their loans, or some
combination of the two to account for the lack of a profit to be paid to their
stockholders.
The DCU and other CUs quite often are at best competitive with or even higher
than banks and I don't understand why.
Again Rich, what would you do to "open up the books" so that we the "owners"
(members) can get a good look at the makeup of the costs of doing business.
I would like to see
Salary per employee compared to Credit Unions and Banks of similar size.
Loss experience compared to other CUs and Banks of similar size
Cost of processing a loan compated to ....
In basic terms, how is our CU doing compared to other similar institutions.
Although I have addressed these questions to Rich, I would invite replies to
any candidate for the BOD to help us make an intelligent choice.
|
240.12 | Presumption of innocence? What's that? | GLDOA::REITER | | Thu Apr 11 1991 17:55 | 28 |
| First of all, whomever was President of DCU has only been CHARGED with
impropriety at the other credit union --- he has not been CONVICTED.
(Need I explain the subtle difference?)
Second, whatever evidence led to the charges of impropriety was only
revealed recently. Any alleged wrongdoing may have gone undetected at
that credit union for quite some time. Are the previous noters
expecting some sort of clairvoyance on the part of the DCU board?
Third, there are auditors that DCU hires to verify the financial
statements and to determine compliance with various regulations,
procedures, and controls. If any improprieties have taken place at
DCU, and the auditors didn't discover it, what did you expect the board
to have done?
I could go on, but I know when to stop. I think there should be a
7-day waiting period on rope, not guns, seeing how quick some people
are to hang the innocent on the basis of a few press reports.
For what it's worth, I applaud the DCU board in terminating the
contract; I feel it was a prudent action, but I hope it was
unwarranted.
For those of you who, like the DEFENSE_ISSUES notes file during the
Gulf War, just "tuned in", you should be advised that for many years
this file has consisted primarily of people who seem to revel in taking
cheap shots at a very well managed credit union. Nothing has changed.
\Gary
|
240.13 | Official DCU Response | MOOV01::LEEBER | Carl MOO-1(ACO/E37) 297-3957(232-2535), U WANT MODELS? | Thu Apr 11 1991 18:03 | 23 |
| RE: Note Topic 240; Titled: "DCU prez involved with failed Cape credit union"
This is an official response by Mary Madden of the DCU. The response,
dated 11-APR-1991, applies to this note topic and is included below.
See note 2.22 for more information.
Your comments on this response should be posted here or directed to
to DCU directly at Mary Madden's number (dtn) 223-6735 x207.
Carl Leeber
******************************************************************************
In response to questions that have been raised, this is to confirm that Digital
Employees' Federal Credit Union's Board of Directors voted unanimously to remove
Richard Mangone from his position as DCU President and terminate his employment
with the Credit Union effective April 5, 1991. Like any termination of a high
level officer, this termination will require considerable coordination between
the Credit Union staff and the members. However, this termination has no
material adverse impact on the financial soundness or operations of the Credit
Union.
If you have any additional questions, please contact Mary Madden, Communications
Manager, ext. 207.
******************************************************************************
|
240.14 | Mild flamer | GUFFAW::GRANSEWICZ | It's on my list | Fri Apr 12 1991 11:41 | 40 |
|
RE: .12
Grow up will you. Every reply of yours says the same thing about a
different topic. Let other people express their opinions just as you
have expressed yours.
> For those of you who, like the DEFENSE_ISSUES notes file during the
> Gulf War, just "tuned in", you should be advised that for many years
> this file has consisted primarily of people who seem to revel in taking
> cheap shots at a very well managed credit union. Nothing has changed.
And since when have you been elected the spokesman for this conference?
As for other people's replies, many valid questions have been raised.
None of which was answered by the "reply" in .13. Everything in .13
was already reported in previous replies. Where are the real answers?
What types of restrictions or controls are placed on loans to officers,
etc.? I'd like to clue .12 in to the fact that this type of activity
is exactly what brought down so many S&Ls in this country. And all of
those were audited by "respectable" accounting firms. And those
accounting firms did nothing to expose or stop what was going on.
Would you rock the boat of a multi-million dollar account?
I asked in a previous reply how long this person had been President of
DCU. The answer was that he was the only President DCU ever had. As I
filled in my vote for BOD, I noticed that the incumbents had been in
there 9 & 11 years (if I recall correctly). I wonder how long DCU has
had the same auditor? Do you see where I'm headed here? I wonder if
the BOD, DCU officers, and auditors have become "positions for life"?
If this is the case, then I believe there should be limits put on how
long these people can hold certain positions. Also, very strict
disclosure in the annual report (does DCU ever send them out?) of any
and all officer/BOD loans, DCU holdings, etc.
I'd also like DCU to answer some of the real questions instead of
stating the obvious in a content-free reply.
Phil
|
240.15 | | CVMS::DOTEN | when great fat cadillacs roamed the earth... | Fri Apr 12 1991 11:57 | 7 |
| Good reply Phil. I almost entered a flaming reply to .12 but decided not to
dignify it with a reply, it being so void of content.
Let's keep asking those questions about the DCU until they answer. Obviously,
everything isn't peachy at DCU-land.
-Glenn-
|
240.16 | Ask questions... | STAR::BUDA | Putsing along... | Fri Apr 12 1991 12:42 | 11 |
| What worries a lot of us, is the problem that Rhode Island just had.
It scares you to think that they were Ok, until some guy bilked the
association of the 'security' money. Is DCU in the same boat? These
are good questions that need to be ansered when such an unusual event
occurs.
We all must be concerned about DCU and our money. It would be prudent
for each of us to get the monthly P&L and examine it. Ask questions.
- mark
|
240.17 | Inquiring minds want to know! | THEWAV::PFLUEGER | Flag the tape, KiKi! | Fri Apr 12 1991 17:01 | 15 |
| When will DCU disclose to it's membership, the full account of this
incident?
As I see it, if the BOD has in it's unamity, seen fit to dismiss
Mr. Mangone from his position, then it also holds that they have evidence
to an impropriety which has potential ramifications to the membership of
DCU. Furthermore, I find that Ms. Madden is not forthcoming with the
answers that the members of this conference (and probably DCU memembers et.
al.) are seeking.
As a member, I want to know what steps DCU is taking to investigate this
escapade, and if DCU will be be somehow be accountable, or otherwise
effected.
-Jp
|
240.18 | | NOTIME::SACKS | Gerald Sacks ZKO2-3/N30 DTN:381-2085 | Tue Apr 16 1991 15:47 | 9 |
| Re Rhode Island CUs:
As I understand it, the problem with the RI CUs was that they were insured by
some local (private?) insurance fund. The failure of one member CU, brought
about by the misdeeds of their mob-connected president, wiped out the fund.
DCU is a member of a national insurance fund that's on the level of the FDIC
or the FSLIC. Congress has shown that it's not about to let either the
FDIC or the FSLIC fail, so I doubt if they'd let the NCUA (?) fail.
|
240.19 | | BUNYIP::QUODLING | Who's the nut in the bag,dad? | Tue Apr 16 1991 16:05 | 19 |
| re .17
When will the DCU disclose the full account of the incident? Well, I would
hope that there are two gating factors on this.
1. That a full investigation/audit is conducted before anything public is
said or published. Publishing opinions, suppositions, and the like, leaves DCU
and us, it's members, open to legal retailiation by Mr Mangione.
2. That it wait until the next "normal" communication after item 1 has been
satisfied to pass this information onto the members. A special mailing to all
DCU members will cost several thousand dollars.
I, for one, have faith in the officers of the Union, that they are taking care
of this matter in our best interests, and should be left to do so, until the
dust has settled and an accurate rport can be made.
Peter Q.
|
240.20 | | SCAACT::AINSLEY | Less than 150 kts. is TOO slow | Wed Apr 17 1991 11:13 | 14 |
| re: .17, Jp,
> As I see it, if the BOD has in it's unamity, seen fit to dismiss
> Mr. Mangone from his position, then it also holds that they have evidence
> to an impropriety which has potential ramifications to the membership of
Maybe not. It was probably a pure CYA move on DCUs part. The right move IMHO.
I also agree that a special audit, performed by someone other than our current
audit firm, is needed ASAP. If we have a problem, let's find out NOW. This
will be money well-spent.
Bob
|
240.21 | Let's get some straight answers | KBOENG::KINZELMAN | Paul Kinzelman | Thu Apr 18 1991 11:27 | 15 |
| I too, called up DCU and got the standard response from the so-called
communications people. They are not programmed to respond in any other
manner I guess.
It was entirely within the realm of possibility to me that DCU
dismissed him as .20 suggested. If that's the case, they should say
so, and I probably would have been satisfied with that. They could
have nipped this thing in the bud. I don't see how Mangone could have
done anything if DCU had said that.
However, when they started sandbagging with the standard line about
"confidential personnel files", that sort of thing makes me think
there's something more that we should know about. I think we as
customers of DCU have a right to know why any top level executive gets
suddenly fired, especially with all the S&L sleeze going on these days.
|
240.22 | CYA? Nope gotta have cause | THEWAV::PFLUEGER | Flag the tape, KiKi! | Thu Apr 18 1991 13:13 | 17 |
| Hi Bob!
I have to dissagree. If BOD dismissed him, then they had to have cause or
the BOD would be setting themselves up for a wrongful dismissal suit.
On the other hand, I do agree with the special audit. Hmm, i wonder...do
financial institutions normally perform audits when there is a change in
senoir management?
I also (re: a couple back) believe that DCU should prepare a formal
statment that could be included with the mailing of the April statements.
It should outline the steps that the BOD is taking, to ensure members
confidence in the institution.
Just more fodder for the cannon...
-Jp
|
240.23 | Sometimes perception is reality... | SCAACT::AINSLEY | Less than 150 kts. is TOO slow | Thu Apr 18 1991 17:22 | 12 |
| re: .22, Hi Jp,
I suspect that in the case of a financial institution, the indictment would be
reasonable "cause". Of course, since we aren't privy to the employment contract
between DCU and the prez, it might be a moot point.
What I meant by CYA in this case, was, suppose the BOD didn't dismiss him and
it was discovered at a latter date, that he had done the same to DCU as he had
done to the other CU, and continued to do so after the indictment. Now,
wouldn't you be howling for the BOD to resign after that discovery?
Bob
|
240.24 | | NETATE::BISSELL | | Thu Apr 18 1991 18:24 | 11 |
| There was in interesting article in the GLOB this morning that indicates that
the Directors of a BANK have been judged liable for the actions of the workers
in the bank and that simple ignorance is not an excuse. It was not totaly clear
but it appeared as if in the case referenced, loan officials were approving
improper loans and the BANK lost money on those loans. This would be appear
to be similar to the situation reported in .0
Recognizing that the DCU is not a bank, it is still a Financial Institution and
the same law may apply. If someone has a scanner and can post it here, there
might be some better understanding by all.
|
240.25 | A Matter of Fiduciary Responsibility | ULTRA::KINDEL | Bill Kindel @ LTN1 | Fri Apr 19 1991 15:03 | 15 |
| Re .many:
I believe the Board of Director's actions are consistent with their
fiduciary responsibility to the share-holders (us). The officers and
board of any corporation, and ESPECIALLY a financial institution, are
in positions of trust that require that they retain credibility.
Whether or not DCU's president has engaged in illegal activities with
DCU funds, he HAS breeched his fiduciary responsibility to conduct
himself in a way that leaves his credibility beyond question. The
Board of Directors really had no choice but to dismiss the president
when the credibility upon which his effectiveness hangs dissolved. Had
they not acted to protect DCU's assets once they became aware of the
president's outside activities, they would have been (individually and
collectively) guilty of malfeasance under the law.
|
240.26 | Globe Editorial on Banks | NETATE::BISSELL | | Fri Apr 19 1991 16:06 | 57 |
| The article that I referenced was in fact an editorial. boston glob
Thursday April 18, page 13 byline John T. Galvin
In the past year, many banks in New England have foundered, and federal
regulators have predicted 180 banks across the nation could fail in 1991.
Twenty-four, with assets of $2 billion each, are located in New England. Who
is responsible ? The directors of the banks. They should be questioned about
what they did - or attempted to do - to avoid this calamity.
According to a 1930 Massachusetts Supreme Court ruling, the directors
of a bank "invite the confidence of the depositing public and must
afford the protection thereby implied.... They are entitled to rely
upon the the protection implied.... They are entitled to rely upon the
information and advice given to them by executive officers whose
probity and compentency are not under just suspicion, but they cannot
surrender to them the responsibilities resting on directors."
directors "are liable for the negligence in the performance of those
responsibilities, even if they have acted in good faith."
Lending policies should be approved by the directors, who should conduct
regular reviews of lending action in keeping with those policies. The bank's
audit committee should supply the directors with information about loans that
could go bad, as soon as they get the hint of something wrong. It is then the
responsibility of the directors to initiate quick remedial action. The next
step should be to review the performance of loan officers. And if a if a top
official of the bank is encouraging loan offers to be cavalier, his or her
performance is in question.
Attention should be given , monthly to capital adequacy and compliance
with the federals government's capital-ratio requirements, including
forecast for the rest of the year. There also should be a monthly
review of the adequacy and potential of the loan-loss reserve. Inquiry
about the risks being created in concentrating loans by industry or
geography could provide clues to potential trouble.
A bank differs from a business corporation in that the public is invited to
deposit funds on the understanding that such moneys will be held and managed
without undue risk, under rules and regulations adopted by the board of
directors. The failure of a bank is tragic for stockholders, clients,
employees and the community. It is almost unbelievable that some directors
did not perceive that by loaning money - and too much of it - on questionable
projects, they were heading for disaster.
The banking industry should undertake sweeping reforms. Too often,
directors simply rubber-stamp whatever the bank's chief executive
officer wants to do. One fundamental change should involve selecting
directors not from the bank's best customers, but from the outside.
Stockholders and depositors should insist on having disinterested
directors,and the directors should insist on getting accurate, current
information on loans, who is asking for them and for what purpose and,
most important, the bank's ability to lend money for such projects at
any given time.
Directors of Banks (who are paid for their services) should be called to
account for whether they asked these vital questions and, if they did, why
they allowed irresponsible actions to continue. If they asked no questions
and took no action, they should be replaced. It is not enough to say that
failures resulted from "'everyones" faith in a booming economy. Bank directors
are not "everyone". They hold in trust the fiscal soundness of our society.
They must be held to the highest standards.
|
240.27 | | NETATE::BISSELL | | Fri Apr 19 1991 16:39 | 16 |
| The previous entry was entered by hand so there may be some typos but I did
try very carefully to get the quotation marks in the right place to diffentiate
between his opinion and the opinion of the court.
I feel that he has made a good case that the directors of a Financial
Institution have a legal as well as moral obligation to make sure that their
directions are followed. It is not enough to just hand the guidelines to the
President or to ratify what he/she proposes and not put the independent
controls in place that will make sure what is happening.
Suppose that the auditors determine that something improper is happening and
one or more of the BOD is involved. What obligation do they have to bring this
to the attention of the stockholders or shareholders ?
Does anyone know when the last audit was performed and where one might get
access to a copy of that audit ?
|
240.28 | DCU annual meeting 4/25/91 @3PM, PK05 | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Wed Apr 24 1991 14:04 | 30 |
| From: SAFETY::SEGAL "LEN, 223-7687, MLO6-1/U30 24-Apr-1991 1055" 24-APR-1991 10:22:44.19
To: INFO
CC: SEGAL
Subj: DCU Annual Meeting - THURSDAY (4/25) @ 3PM - PKO5, 3rd Floor
For those of us located in Greater Maynard area, you might want to
try to attend the DCU Annual Meeting (& Election) being held on
Thursday at 3PM (DCU is located at PKO5, 3rd Floor).
A few years ago, when Ed Fultz and I met with the (recently
dismissed) President of DCU and Dan Enfante (Chmn, BOD at the time &
VP DEC-IM&T), they told us that NO-ONE (from the general DCU
membership) attends these meetings.
Due to the low savings interest rates (some commercial banks are
higher, and all CU's that I know of are higher), very large increase
in minimum charges to keep the DCU VISA "fee-free" (reportedly going
to $6K/year), loan practices, etc. it might pay to make the effort
to attend this year's meeting. Also, due to the circumstances
surrounding the dismissal of DCU's President, some questions are
definitely in order.
Regards,
Len
P.S. In a departure from the "norm", I am hereby authorizing
re-forwarding/posting of this message (only if done so in its
entirety, including header info) via MAIL or NOTES INTERNAL (Only)
to DIGITAL.
|
240.29 | New floors added in PK ? | AKOCOA::OSTIGUY | The Computer is your DATA Wallet | Wed Apr 24 1991 14:31 | 3 |
| Where is PK05 ?
Lloyd
|
240.30 | | SAFETY::SEGAL | Len Segal, MLO6-1/U30, 223-7687 | Wed Apr 24 1991 15:50 | 13 |
| RE: .29
> -< New floors added in PK ? >-
I hope you're kidding?
The "5" designates the "Building Number" not the floor number.
> Where is PK05 ?
If you look in the DEC Phone Book (under Maynard-p.330), the
location is 141 Parker St., Maynard, MA 01754-0130, and is listed as
"DIgital Employees' Federal Credit Union".
|
240.31 | It's in front of PKO3 | CVMS::DOTEN | when great fat cadillacs roamed the earth... | Wed Apr 24 1991 18:21 | 3 |
| PKO5 is in front of PKO3.
-Glenn-
|
240.32 | Now where's 4 ? | AKOCOA::OSTIGUY | The Computer is your DATA Wallet | Thu Apr 25 1991 13:54 | 3 |
| I've worked in PK1, 2 and 3...where's 4 ?
Planned ? LLoyd
|
240.33 | Notes from DCU Annual Meeting | EMIRFI::SEGAL | Len Segal, MLO6-1/U30, 223-7687 | Fri Apr 26 1991 01:26 | 69 |
| I attended the DCU Annual Meeting today. Very interesting, about 25
non-BOD members present, but almost all of them appear to be DCU
Employees (who no doubt are also DCU Members). There is a
requirement for a minimum of 15 Members for the Annual Meeting to
proceed (quorum). There were only two other people present that
obviously weren't part of the DCU organization (they were just
common "members"). There were only two people asking any questions
(myself and another concerned DCU member).
Mark Steinkrauss (Chmn of BOD), IMHO, was very forthright about the
situation with Richard Mangone and his termination (which was done
with the unanimous vote of the BOD). He responded to all the
questions posed to the BOD, and after the meeting concluded (3:40PM)
both Mark, Dan Infante, Abbott Weiss, and Susan Shapiro (all on BOD)
came over to me (and the other person who asked questions) to make
sure that we felt that our questions had been fully answered.
In January 1991, the NCUA completed an investigation of DCU. This
was prior to NCUA's "takeover" of the Barnstable CU. DCU is no
longer under investigation, but is cooperating with the NCUA's
investigation at Barnstable. The investigation into Richard
Mangone's dealings with Barnstable CU is still on-going, with no
charges filed to date. If Mangone is later charged and found guilty
of wrong-doing, DCU is prepared to sue him to recover any loses that
DCU may have incurred due to such action (DCU would also have
recourse against the bonding company which bonded the President of
DCU). All of this depends on the outcome of NCUA investigations and
would hinge on conviction for wrong-doing.
DCU has a total loan portfolio of $270M, and $18M of this are
"participation loans" arranged by Mangone. "Participation loans"
are those loans originated by another lender (Barnstable CU in this
case) and where all/part of the loans are sold to another
institution (DCU in this case). These loans are secured by
commercial real estate (apparently in Cape Cod area), and only some
of these loans are "non-performing" (not paying DCU on time), while
many of these loans are paying DCU on a timely basis (per Mark).
DCU is trying "to work out" those loans which are not paying DCU.
Since DCU doesn't normally loan money for commercial property, they
have hired someone with expertise in commercial RE to assist DCU in
determining how best to handle these loans. They are continuing to
investigate internally to ensure that they have identified all the
areas of risk that DCU might have been exposed to due to this
situation.
I asked the BOD members about the very poor interest rates for
savings/checking accounts. Their response was that the numerous
branches we have across the US increases our costs of operations to
the point where our savings/checking interest rates are lower than
most/all CU's. I raised the point that if the members were made
aware of this, **perhaps** they would agree to accept the loss of
the local (remote to New England) branches of DCU, provided that ATM
access AND occasional service (1 day/week or some other scheme) was
maintained IN COMBINATION WITH **HIGHER** (more competitive with
other CU's) interest rates on savings/checking accounts. [e.g.
PKO3 and PKO5 (DCU HQ) both have DCU branches and the buildings are
~200' apart!!]
I won't report the results of the election, since I was unable to
write it all down as fast as it was presented, and I'd rather not
give out the wrong info.
After the Annual Meeting ended the BOD adjourned to what sounded
like it was to be an "executive session" BOD meeting.
That's all I have in my notes of the meeting. Hopefully I have it
all down factually.
|
240.34 | | NEST::JOYCE | Ms. Chievious | Fri Apr 26 1991 10:27 | 10 |
| Len, I saw your note too late to attend the meeting. Thanks for
posting a summary.
Were the board members specific about what's costing so much for
all the branches? As far as I've been able to determine, the
branches do not incur occupancy costs. And in some cases Digital
owns some of the fittings for the branch (I've seen ATM machines
listed on DIAL. Can't think of anywhere else they came from.)
Maryellen
|
240.35 | Even more questions now... | GUFFAW::GRANSEWICZ | It's on my list | Fri Apr 26 1991 10:31 | 38 |
|
> DCU has a total loan portfolio of $270M, and $18M of this are
> "participation loans" arranged by Mangone. "Participation loans"
> are those loans originated by another lender (Barnstable CU in this
> case) and where all/part of the loans are sold to another
> institution (DCU in this case). These loans are secured by
> commercial real estate (apparently in Cape Cod area), and only some
> of these loans are "non-performing" (not paying DCU on time), while
> many of these loans are paying DCU on a timely basis (per Mark).
> DCU is trying "to work out" those loans which are not paying DCU.
I find this shocking. Why is DCU making ANY commercial loans? Why
aren't those funds being offered to the membership in the form of
mortgages? A lot has been made of the fact that DCU (Digital CREDIT
UNION) is owned by its members, and is run for its members. Right now
we have low interest rates, high loan rates and fees and minimums on
the rise. How much of this is due to loans to non-DCU members? They
stated $18 million in "participating loans". Does DCU hold commercial
loans alone? How much?
I'm beginning to understand why I was able to get a better auto loan at
a credit union that I wasn't a member at but ended up joining. Amazing
that DCU is lending commercially but only recently went to fixed rate
auto loans. I long hard look at DCU lending policies is in order in my
opinion.
As a member/owner of this institution, how much access to DCU records,
policys and procedures are allowed? Has ANYBODY ever seen a DCU annual
report? I guess it's time to stop by DCU HQ and start asking for
copies of whatever is available. There just have to be reasons why
credit card interest and minimums are going UP when everybody elses are
going down. Reasons why interest on share draft account is .045% with
a $1000 minimum. If we can't get a better deal than the local bank
then what is the point of the credit union? Have we all forgotten what
DCU is supposed to offer it's "members" besides convenience?
Phil
|
240.36 | Curiouser and curiouser... | ULTRA::KINDEL | Bill Kindel @ LTN1 | Fri Apr 26 1991 15:34 | 48 |
| Re .35
� > DCU has a total loan portfolio of $270M, and $18M of this are
� > "participation loans" arranged by Mangone. "Participation loans"
� > are those loans originated by another lender (Barnstable CU in this
� > case) and where all/part of the loans are sold to another
� > institution (DCU in this case). These loans are secured by
� > commercial real estate (apparently in Cape Cod area), and only some
� > of these loans are "non-performing" (not paying DCU on time), while
� > many of these loans are paying DCU on a timely basis (per Mark).
� > DCU is trying "to work out" those loans which are not paying DCU.
�
� I find this shocking. Why is DCU making ANY commercial loans? Why
� aren't those funds being offered to the membership in the form of
� mortgages? A lot has been made of the fact that DCU (Digital CREDIT
� UNION) is owned by its members, and is run for its members. Right now
� we have low interest rates, high loan rates and fees and minimums on
� the rise. How much of this is due to loans to non-DCU members? They
� stated $18 million in "participating loans". Does DCU hold commercial
� loans alone? How much?
Financial institutions often buy and sell "paper" representing loans of
various types. One of the reasons this happens is in order to keep the
deposits "at work" even when their customers aren't actively seeking
loans. (For example, the mortgage on my home has been sold twice in
its four-year lifetime.) It troubles me that close to 7% of DCU's loan
portfolio came from a single (now questionable) source. That's a lot.
� As a member/owner of this institution, how much access to DCU records,
� policys and procedures are allowed? Has ANYBODY ever seen a DCU annual
� report? I guess it's time to stop by DCU HQ and start asking for
� copies of whatever is available.
I've never seen a copy of the annual report. By law, copies of the
bylaws must be available for inspection at each branch office, though
I'd be surprised if that were actually the case. The DCU bylaws are
actually the standard NCUA base document with a collection of addenda.
The DCU bylaws don't say anything surprising. They mostly deal with
the organization itself (who may join, the titles and responsibilities
of officers and committees, conduct of meetings, etc) and they refer to
"applicable law" and other NCUA regulations a lot.
I've found one "clinker" that might bear upon the current situation.
Despite the great care the bylaws take to assure a conservative loan
policy, "investments" (which may include buying promissory notes from
other credit unions) are only constrained by "applicable law" (and may
therefore bypass the loan committee). I think I smell a loophole.
|
240.37 | We get 4.5% and a Cape developer gets a loan? | GUFFAW::GRANSEWICZ | It's on my list | Fri Apr 26 1991 17:14 | 21 |
|
RE: .36
My understanding of a "participating loan" (correct me if I'm wrong) is
when more than 1 institution (in this case DCU & others) combine their
resources to make a loan to a single borrower. This is done when the
loan amount is too large for 1 institution and to spread the risk.
I'm not sure it's the same as the buying and selling mortgages. Thus
my question on how much commercial loans are there that are
"non-participating". In other words, DCU alone has loaned money.
At least this is my understanding. But again I must ask, why is DCU
loaning in this market when there is probably more than enough
membership demand for reasonable priced auto loans and home mortgages?
I certainly don't keep my funds in DCU so some developer on the Cape
can overbuild it 'til it sinks! Then when I need a car loan, DCU is
more expensive than many other places.
Maybe we should be asking for a meeting with this "Loan Committee"?
|
240.38 | Effect of isolated remote branches on costs | MILKWY::MORRISON | Bob M. FXO-1/28 228-5357 | Tue May 07 1991 19:38 | 16 |
| Today I got my monthly statement and it contains the same terse statement
about Mangone that was posted here earlier. That's why I'm reading this confer-
ence. This is the first I heard about this "incident".
Re expense of operating branches all over the U.S.: Yes, this is something
that doesn't happen with banks and S&L's, and not with many credit unions.
Even if the full-service branches don't pay a dime in rent, there is still a
major added expense in operating a branch that's 500 miles from the nearest
similar branch. I don't think converting remote branches to part-time would
help because DCU would still incur most of the costs associated with long-
distance management. Converting an isolated branch to ATM-only would be a great
disservice to members at that location, and I hope this is not being considered.
I'm glad I'm reading this file, because I didn't realize until now just how
far we are behind the competition. This being the case, the only reason I can
think of for doing business with DCU is the convenience of banking while at
work. Of course, most people only have one or two credit unions to choose from,
but there are usually 3 or 4 banks in convenient locations.
|
240.39 | News story on the doings of the former DCU prez | HUMOR::EPPES | I'm not making this up, you know | Mon Jun 17 1991 12:53 | 102 |
|
Reprinted without permission from the Cape Cod Times.
HYANNIS- A Barnastable credit union scandal has spread to the Digital
Employees Federal Credit Union, which is suing its former preesident over
$18 million in bad real estate loans,primarily on Cape Cod.
The civil suit claims that former president Richard M. Mangone of Norwell
generated the loans while also an officier and investment adviser at the
Barnstable Credit Union in Hyannis.
But it was his employer, the Digital credit union, that bought 75 to 90
percent of the participation loans and stands to lose more than $10 million,
plus costs, the suit says. Participation loans are shared by more than one
lender.
The total value of the loans, all in default, amounts to 5 percent of the
credit union's $371 million in assests. The credit union's members are employees
of the Digital Equipment Corp., a seperate corporate entity. Digital is major
computer manufacturer based in Maynard.
"Mangone played a central and pivitol role in the origination,administra-
tion, and management of these loans, which involved extensive fraud and other
acts of wrongdoing," the suit says.
With "straws"- stand-in borrowers- fake income tax returns and financial
statements and grossly inflated real estate appraisals, Magone shepherded loans
through the Digital credit union's board of directors,the suit states.
In one case the board never approved the loan, yet $3 million was
transfered at Mangone's order to the Barnstable credit union and paid to
unknown parties, the suit states.
Mangone is charged with fraud and deceit,gross negligence,breach of
contract and unlawful use of Digital credit union funds. The suit also seeks
to attach $157,000 in Mangone's account at the credit union.
The suit also names three "John Does",unidentified people who also
"participated in and were the recipients of certain fraudulently obtained loans
porceeds at issue", the suit states.
The suit claims to describe in detail how credit union insiders financed
millions of dollars worth of real estate speculation through the two credit
unions in the late 1980's.
Such speculation also was described in March in a Cape Cod Times series
about how deeds and mortages for subdivisions and lots moved among credit union
officials,relatives,business associates,secretaries,and subcontractors. The
paper trail concealed inflated propoerty values and debt from lenders and
regulators.
In the Digital suit, the 12 participation loans showed ties to James K.
Smith and Mangone, both credit union founders and business partners, and their
former partner Ambrose Devaney. Smith is a Barnstable developer. Devaney is a
developer from Rockport.
For example, the loans bear the names of Charles Ryan, a construction
supervisor for Smith; Devaney; John Schulenberg of Barnstable, Smith's brother-
in-law,Jeffery Shaw of Centerville,a masonary contractor for Smith; Robert
Churchill of Yarmouth, Smith's real estate associate,among other unknown real
estate trustees.
Similar transactions led to the BArnstable credit union's takeover March
20th by federal regualtors for illegal business loans to a select group of
borrowers.
Those activities are under investigastion by the FBI, The U.S. Attorney's
office, criminal and civil attorneys for private parties.
Judging from the detail in Digital's court suit, some of the "straws" or
trustees who held property for credit union insiders are now talking to those
investigators.
Due to his involvement in the Barnstable credit union, Mangone was fired
April 5th by the Digital credit union.
A related foreclosure action last November, brought by Berkshire County
Savings Bank, named real estate trustees Robert Cohen, then attorney for the
two credit unions; Barnstable councillor Nichael O'Niel,also a Hyannis lawyer;
John Kenney, O'niel Law associate; Steven Jones, Smith's brother-in-law and
Hyannis lawyer; and Malden lawyer Richard Murphy, then a Digital Lawyer.
The Digital credit union suit was filed May 23 in Brockton Superiror Court
in Plymouth County by Charles B. Janes and Marcy J. Levine, of Bingham,Dana, and
Gould of Boston.
Since 1987, Barnstable credit union officials and Mangone have repeatedly
denied publicaly that the Digital credit union was participating in such loans.
"We're not... a participatory lendor;... we do not buy loans." said
Mangone in early February, speaking as the Digital credit union president.
He also pooh-poohed any questions about the health of the Barnstable
credit union's loan portfolio and said, " You're in a long line of 20
examinations by professionals a lot sharper than you and I. We've never had any
problems with any of these values. Other participating nbanks also got involved
and looked at these properties. We're just not selling a pig in a poke."
Digital's suit allegedly describes how Mangone and others, as yet unnamed,
were able to sell a pig in a poke to the boards of the two credit unions, the
federal regulators,and private auditors.
In April 1990, Smith asked Charles Ryasn to be trustee of MazellII Realty
Trust, the suit states. Ryan was employed as a construcrtion supervisor by
Centerville Builders Inc., believed to be owned by Smith, according to the suit.
Smith said he wanted to get a $1.5 million loan to buy Ahser's Heights, a
67 lot subdivision at Asher's Path and Routew 28 in Mashpee.
Supporting dosumentation for the loan included an apprasial report that
put the subdivision's value at $5.2 million, or $78,000 a lot as of June 14.
Less than a year later, its current value is about $15,000 a lot, the suit
states.
The property's deed lists a proce of $1.4 million. That is $2.71 million
less than the $ 4.15 million participation loan issued by Digital credit union.
The documents showed his net worth as $8.86 million as of December 31,1989,
when in fact, Ryan has never possessed a fraction of that.
Mangone didn't even take that $4.4 million loan to the Digital credit
union's board. It was the largest particapation loan in the credit union's
history at a time when the Cape Cod real estate market was depressed.
Instead he instructed a Digital employee to transfer almost $3 million,
Digital's share, to the Barnstable credit union. At least 75 percent was given
out in a single transaction to unknown parties.
Building still hasn't started in the Mashpee subdivision and the loan is
in default.
|
240.40 | Any wonder they have been silent? | GUFFAW::GRANSEWICZ | It's on my list | Mon Jun 17 1991 13:46 | 16 |
|
Now doesn't this all start to make sense? Our saving rates suck, our
loan rates are high, and Visa rates are increasing when others are
falling?
This should be posted outside of every DCU branch along with a
signature sheet calling for the resignation of the board of directors,
the hiring of a new auditor and new elections for the BOD.
How was Mr. Mangone able to get $18,000,000 dollars "shepparded" by the
BOD? Is anybody awake on this board? If he went for all of the funds
would have they suspected anything then?? This is too scary and too
close to home. I don't need the convenience at this cost. When DCU
cleans it's house up, I'll re-consider re-depositing my funds. Until
then, it's off to close my accounts.
|
240.41 | We are NOT amused! | ULTRA::KINDEL | Bill Kindel @ LTN1 | Mon Jun 17 1991 14:16 | 7 |
| Re .39:
If the explanation given here is accurate, this is WORSE than my
wildest fears. I'm not ready to make a "run on the bank" (that's why
deposit insurance was invented in the first place), but I'm also not
likely to enter into any new financial relationships with DCU until the
whole thing is straightened out.
|
240.42 | Time to move on | STAR::BUDA | Lighting fuses as I go | Mon Jun 17 1991 19:46 | 6 |
| Of course DCU will deny the newspaper report...
I tend to like Granite State more and more every day...
- mark
|
240.43 | Please let's have some MEATY official comments | SMAUG::GARROD | An Englishman's mind works best when it is almost too late | Tue Jun 18 1991 02:11 | 8 |
| Hello official DCU representative (Mary Madden?). Please would you
comment on .39 IN DETAIL. As a DCU member I am extremely displeased
that all I've heard OFFICIALLY about this SCANDAL is the meely mouthed
insert in a recent monthly statement. We deserve better than this.
If .39 is anywhere close to the truth you have a massive audit problem,
please detail how you are going about fixing it. This is a disgrace.
Dave, one pissed off DCU member
|
240.44 | Note the silence from the BoD | 16BITS::DELBALSO | I (spade) my (dog face) | Tue Jun 18 1991 11:49 | 17 |
| Well, I'm not about to go withdraw my business from the Credit Union, because
I don't feel that the Credit Union at large is responsible for any of this.
Likewise, I'm not necessarily waiting for any official statement to be made
by a Credit Union spokesperson.
I am wondering why the long term DCU BoD members, many (all?) of whom are
Digital employees, are not resigning from the BoD in shame for having allowed
such improprieties to take place under their tenure. I am additionally
wondering why they are not being summarily dismissed from DEC. It seems as
though I've read plenty of areas in PP&P which discuss the importance of DEC
employees having a positive image in the community. DEC employees who have
allowed, by negligence, the improprieties on the part of the past president
which have been disclosed, which will likely result in the loss of real money
and benefits to other DEC employees, seem to not project a particularly positive
image to me.
-Jack
|
240.45 | do BODs get paid? | PLOUGH::KINZELMAN | Paul Kinzelman | Tue Jun 18 1991 12:14 | 1 |
| Does anybody know if the board of directors get paid?
|
240.46 | | 16BITS::DELBALSO | I (spade) my (dog face) | Tue Jun 18 1991 12:19 | 6 |
| Would that be over, or under, the table, Paul?
:^)
-Jack
|
240.47 | | STAR::BUDA | Lighting fuses as I go | Tue Jun 18 1991 12:36 | 7 |
| RE: .-1
Thanks for saying it for me. You have to wonder when you see something
like this happen. I have a feeling they feel vindicated because they fired
the president. Too bad elections were not planned in the next month or two!
- mark
|
240.48 | We don't need a lynch mob here... | SCAACT::AINSLEY | Less than 150 kts. is TOO slow | Tue Jun 18 1991 13:24 | 16 |
| re: .44
>I am wondering why the long term DCU BoD members, many (all?) of whom are
>Digital employees, are not resigning from the BoD in shame for having allowed
>such improprieties to take place under their tenure.
I tend to agree with you here.
>I am additionally
>wondering why they are not being summarily dismissed from DEC. It seems as
What an employee does outside of his job should have NO effect upon his
employment status, UNLESS it causes the employee to be unable to perform his
job or is a violation of his employee agreement.
Bob
|
240.49 | | 16BITS::DELBALSO | I (spade) my (dog face) | Tue Jun 18 1991 14:41 | 17 |
| re: .48, Bob
I believe that PP&P speaks in several places about DEC employees setting a
good example outside of the workplace as members of the community, and
additionally adresses the aspects of involvement in criminal activities.
I feel that DEC employees involved in the direction of a member-owned credit
union which manages the assets owned by many Digital employees should act
responsibly not only as directors of that credit union, but as employees of
DEC. If they were crooked directors of the Corner S&L that might be different,
and I doubt that it would have much direct bearing on DEC. The DCU is a
different story, since the membership being affected is largely DEC employees
and their families. I personally don't like the idea that other DEC employees
might have been responsible for financially screwing me, and hiding behind
their employment should not be accepted as a valid defense or excuse.
-Jack
|
240.51 | | 16BITS::DELBALSO | I (spade) my (dog face) | Tue Jun 18 1991 15:55 | 28 |
| My intention is not to crucify them, or to lynch them, even if it were within
my power to do so, which it is not. Additionally, as I'm not accusing them
of any particular wrongdoings, I see no libel.
But I do appear to see clear and simple negligence having taken place here.
These people were elected to these positions to oversee the proper management
of the DCU for its membership/owners. During their tenure, the appointed
president was apparently guilty of misusing DCU funds as improper investments,
etc., as has been pointed out by the article quoted in .39. My conclusion is
that these people were apparently not doing their job in properly overseeing
his activities. (Hell! They didn't even know what he'd done until months
after the fact! How "aware" do you suppose they were of his dealings?) I don't
know what to call that other than negligence. Ignorance runs a close second.
Why not give them the benefit of the doubt? Why should I? They've blown it
once too often already! They don't deserve either my trust or my patience.
Let me put it another way - In my opinion they've done a lousy job and deserve
to be ousted if they don't resign their directorships voluntarily. Am I not
entitled to express that opinion? Lord knows this conference is already full
of plenty of that. The difference is that everyone's always been ragging
on DCU and now I'm ragging on the BoD who happen to be actual DEC employees!
I don't want the DCU reorganized. I don't want a policy statement from their
spokesperson. I want the incompetent BoD _OUT_! As a member and shareholder
of the DCU I'm entitled to express that desire.
-Jack
|
240.52 | | ULTRA::KINDEL | Bill Kindel @ LTN1 | Tue Jun 18 1991 16:03 | 25 |
| Re <several>:
Actually, the BoD aren't (by the terms of DCU's by-laws) the people
responsible for approving loans. That job falls upon the "Loan
Committee", which may or may not be composed the same people.
In ANY event, it appears (but hasn't yet been legally proven) that the
Loan Committee and/or Board of Directors were the victims of fraud.
They may (through their INaction) have legal liability in the matter,
but the BoD is quite unlikely to sue itself. We'll just have to wait
to see how this all plays out.
In the meantime, some MAJOR CHANGES are overdue at the DCU. My
hope is that the Board of Directors will accept responsibility for this
GRIEVOUS lapse of control and will plan an orderly transition to a new
(untainted) BoD in the near future.
As for Digital's Personnel Policies & Procedures, �6.22 provides that
"Any employee who steals, commits or attempts to commit fraud or
theft against the Company or another employee will be terminated
immediately and will not be eligible for rehire."
I'll leave it to others to judge whether NONfeasance (as opposed to
MALfeasance) qualifies as commission of fraud or theft. I doubt that
I'd go that far.
|
240.53 | They work for us, let's hear from them | PLOUGH::KINZELMAN | Paul Kinzelman | Wed Jun 19 1991 10:01 | 23 |
| I was curious (resulting from my .45 question) as to whether BoD was a
paid position or not. If it's volunteer, I could see (not agree with
however) folks getting busy and hey, it's been going just fine so no
need to dig closely, besides, they're busy, etc.
However, if it's a *paid* position, I feel that the pay implies a
contract to do a job that they did not do. If they really felt remorse
about breaking their contract by not acting in a competent manner, they
could contribute what they've earned from DCU back to DCU because they
haven't been doing their job. I'd like to hear from some of them
directly in this file about what's going on.
I understand from the communications department of DCU that at least
some BoDs do indeed read this file, and the DCU higherups do get
excerpts of this file (with the names removed as per DEC PP&P). To
whomever does the forwarding of notes to DCU, please do so with this
note and request a direct response from DCU to be posted in this file.
PS: The communications dept will give out the names, etc., of the BoD's.
They all have DEC dtns and mailstops; however, contacting them at DEC
I suspect could leave you open to charges of harrassment maybe? How
about a friendly phone call suggesting that they read this set of notes?
|
240.54 | It's all a matter of opinion... | SCAACT::AINSLEY | Less than 150 kts. is TOO slow | Wed Jun 19 1991 10:07 | 14 |
| re: .51
>Let me put it another way - In my opinion they've done a lousy job and deserve
>to be ousted if they don't resign their directorships voluntarily. Am I not
>entitled to express that opinion? Lord knows this conference is already full
>of plenty of that. The difference is that everyone's always been ragging
>on DCU and now I'm ragging on the BoD who happen to be actual DEC employees!
Yes, you are entitled to express your opinion. Everyone is. What Al and I
are saying is that we don't feel that the BOD members who are also Digital
employees should automatically lose their jobs because of the DCU mess.
You seem to feel they should. It's all a matter of opinion.
Bob
|
240.55 | | NETATE::BISSELL | | Wed Jun 19 1991 11:05 | 30 |
| > In one case the board never approved the loan, yet $3 million was
>transfered at Mangone's order to the Barnstable credit union and paid to
>unknown parties, the suit states.
Does this imply that the other $15 Million in loans was approved by the
board ? It certainly does to me but I have a distrust for newspapers getting
things correctly. If the BOD approved the other loans, they are tainted
with the results regardless of their intent - at best they are guilty of poor
judgement.
In a situation where it has been very obvious to anyone who reads ANY newspaper
past the Weekly Reader that real estate in general has been in a severe slump
in the N.E. and anyone who reads a N.E. newspaper had to be aware that the
Cape was in serious trouble as well.
Putting that percentage of deposits in any single speculative deal also is
something that I, as a member, would not approve and I would question.
Does not the BOD have a fiduciary responsibility to the members of the DCU and
if so why are they not named in the suit since they approved the loans ?
Did the employee who transferred the $3 Mill at the direction of the
President of the DCU violate any rules. Seems strange to me that ANY single
employee could move that much money by themselves and that this should be
stopped immediately. If the employee violated any rules, have they been
terminated ?
Why did the auditors not catch these things ? I think that auditors have been
charged in some Bank Failures with failure to disclose the actual condition of
the institution,
|
240.56 | Extractor's Information To Fellow Noters | MOOV02::LEEBER | Carl MOO-1(ACO/E37) 297-3957(232-2535), U WANT MODELS? | Wed Jun 19 1991 11:22 | 20 |
| RE: .44 (et. al.), " -< Note the silence from the BoD >- "
>Likewise, I'm not necessarily waiting for any official statement to
>be made by a Credit Union spokesperson.
In case the author is including this notes conference in the general
reference of "any official statement", the following information is
offered. This reply is intended to inform the noter-ship and not make
judgements or comments on the topic of 240.0, "DCU prez involved with
failed Cape credit union".
DCU does not have direct access to this conference. Interested noters
are invited to see note 2 of this conference and its replies as to the
nature of note extractions to and "official" responses from DCU. The
steps cause an inherent delay of a few days to a week or two.
Hope this was helpful,
Carl
Extractor and not the moderator!
|
240.57 | What does the DCU Charter Say? | DECSIM::GILLETT | And you may ask yourself, 'How do I work this?' | Wed Jun 19 1991 11:23 | 43 |
| An interesting question here that I don't believe has been asked
is: What exactly does the DCU charter (I'm assuming here that
it's some sort of legal Corporation) say with regard to the
business purpose of the credit union? If their stated purpose
for being in business is something along the lines of "provide
financial services with competitive rates to Digital employees,"
then we've all got reason to be pretty upset.
From my point of view, DCU is here to serve it's shareholders.
That means that they should be making quality loans TO ITS
MEMBERS. Participation loans, from what I've been able to see,
are highly speculative instruments. I fail to see how taking
such risks with shareholder funds would serve the membership.
If, due to the state of the economy, DCU were taking a $10MM bath
on home mortgages held by shareholders in DCU, then I could
be more understanding. But a $10MM bath on high-risk paper while
interest rates on saving instruments are uncompetitive, and
credit costs are high is inexcusable.
I'm not of the lynch mob mentality yet, but I do find it hard to
believe that this stuff allegedly went on without the board
really understanding.
What to do? I'd like to see a policy statement from DCU stating
that they will no longer be involved in making certain types of
loans. I understand that DCU needs to invest its holdings and
keeps deposits working to generate revenue, but I'd like to see
commitments to making only high-quality investments in less
speculative areas. If DCU won't do this, then I see no choice
than to take my money somewhere else.
What are *your* feelings? Should a bunch of us "concerned
shareholders" write to the board, or show up at a meeting and air
our requests?
Also, what is the status of financial information from DCU? I'd
like to be able to review information regarding their loan
portfolio, holdings, assets, etc. It would be interesting
reading. Those itty-bitty reports they send us periodically
aren't really helpful.
/Chris
|
240.58 | Must just be bad luck from the recession... | GUFFAW::GRANSEWICZ | It's on my list | Wed Jun 19 1991 13:48 | 38 |
|
Let's face it. DCU has always been an informational vacuum. They
regergitate content-free responses here to try and sooth the peasants
(shareholders) that have real questions. To expect anything more from
them on this matter is unrealistic in my opinion.
As for actions or solutions, the resignation and/or dismissal of DCU
officers and BoD should be a start. An investigation should be
conducted to determine who, if anybody, else may have been involved in
this or helped cover it up. The current independent auditor should be
fired and a new firm brought in to perform a thorough and accurate
audit of the current condition of DCU. Obviously, additional controls
must be introduced to prevent this type of activity in the future.
And DCU MUST start sending out detailed annual reports to all of it's
members!!! One copy in Maynard is pure B.S. If they can spend money
on monthly fillers in our checking statements, they can afford sending
us real information on the condition of OUR credit union. I would
expect to see a statement of how DCU money is distributed to certain
classes of loans.
A major problem appears to be this "Loan Committee". Who are they?
When and where do they meet? Who do they report to? Let me guess, the
Prez! What are their criteria for loans? Are ANY loans off limits?
Are there any special requirements for loans to certain people?
(officers? directors?)
This whole thing smells very much like the RI bank president that
took off with x millions of dollars and in the process dang near brought
down the RI system. Is the whereabouts of Mr. Mangone known? Are
federal investigators involved? Or will we see Mr. Mangone on a 60
minutes interview in a few months claiming it was all an honest
mistake as he sips his Mai Tai while sunning on a yacht in the Bahamas?
How can so many people be asleep at the helm? Incredible
incompetetence or negligence. I guess we'll have to wait and see which
one.
|
240.59 | | DEMON3::CLEVELAND | Notes - fun or satanic cult? | Wed Jun 19 1991 15:07 | 15 |
| All you folks shouting for blood, just remember this the next time the
ballots come around for the Board of Directors election! The
incumbents have been returned time and time again, mostly because of
apathy, I guess. Consider running yourself, or working for one of the
non-incumbent candidates. Setting up a table in the cafe with a sign
and some handouts could work wonders for letting the silent majority
know that there is an election and it does matter who wins.
The DCU does seem to be taking the right steps now (perhaps too late);
but the things that went on would seem to call for a new auditor and a
complete audit. How in the heck did Mangone get $3M transferred out of
the credit union without being detected? Seems that someone should
have noticed that the loan hadn't been approved.
Tim
|
240.60 | Some answers from DCU | PLOUGH::KINZELMAN | Paul Kinzelman | Wed Jun 19 1991 17:59 | 26 |
| I just spoke to Mary Madden at 223-6735x207 (the communications dept)
dept) and she said:
1) BoD is not a paid position. It's volunteer. [My comment: I guess we
get what we pay for.]
2) I asked about the suit against Mangone. DCU is suing Mangone for
$10M. However, in my opinion, folks like that are sometimes known to
dash for the boarder, making it hard to prosecute, so I asked is he in
custody? Out on bail? Skipped the country? She wouldn't say much, but
went away, called me back later, and said that they believe that he's
"accessible" and they believe they can recover the money.
3) Another audit is currently being started by a different auditor. She
would not tell me the name (I doubt I'd recognize it anyway) but it's
"one of the big six". DCU will publish the results when they are
complete - she wouldn't tell me when.
4) They are planning to send out a mailing to the members on the status
of the debacle.
5) The loans in question were approved by federal regulators, the
auditor, and two board of directors (I assume she was talking about the
$3M loan which was reported to have been transfered on the basis of
Mangone's say alone - I guess the report may have been inaccurate).
|
240.61 | Easier said than done | ULTRA::KINDEL | Bill Kindel @ LTN1 | Wed Jun 19 1991 18:08 | 23 |
| Re .59:
> All you folks shouting for blood, just remember this the next time the
> ballots come around for the Board of Directors election! The
> incumbents have been returned time and time again, mostly because of
> apathy, I guess. Consider running yourself, or working for one of the
> non-incumbent candidates. Setting up a table in the cafe with a sign
> and some handouts could work wonders for letting the silent majority
> know that there is an election and it does matter who wins.
This is MUCH easier said than done! (Ask anyone who has tried.) The
DCU election process is seriously tilted in favor of incumbancy. A
nominating committee selects all the "real" candidates (guess who?),
and the only alternative (nominations are NOT accepted from the floor
at the annual meeting) is to obtain signatures from more than 1% of the
TOTAL membership (including dependents) on nomination petitions that
are due to DCU 40 days before the meeting. Ballots are mailed to all
eligible members at least 30 days before the meeting.
The printed ballot segregates the nominating committee's "slate" from
the candidates by petition. Most people tend to write off the latter
group as "cranks", placing infinite faith in the nominating committee
to have made the right choices in the first place.
|
240.62 | So what's the answer? | 16BITS::DELBALSO | I (spade) my (dog face) | Wed Jun 19 1991 21:13 | 9 |
| re: .61
Bill,
Do you think that there may be some method of getting a grass roots
directorship in place then, or that we'll be saddled with these clowns
forever if they don't voluntarily step down?
-Jack
|
240.63 | | BUNYIP::QUODLING | Cooooiiiieee, cobber... | Wed Jun 19 1991 22:12 | 6 |
| re .62
THis assumes that a "Grass Roots" directorship would be any more competent...
q
|
240.64 | when are DCU elections? | SLOAN::HOM | | Thu Jun 20 1991 08:40 | 1 |
| Timing could be perfect if the elections were 2-3 months away.
|
240.65 | The Friends Of Eddie Coyle | GLDOA::REITER | | Thu Jun 20 1991 09:57 | 32 |
| (1) There is not now, nor has there ever been, nor is foreseen any
shortage of corrupt men and women in the Commonwealth of Massachusetts.
It also APPEARS from the ALLEGATIONS that internal controls at DCU were
not sufficient to prevent what APPEARS to have happened (based on
generally circulated media reports, and we all know how accurate those
are). Of these points I will not argue.
(2) The concept of presumption of innocence seems to be foreign to
some of the authors of the previous notes on this topic. Whomsoever
may be the defendant in civil or criminal proceedings in this matter
has/have never been adjudicated guilty of anything. It would serve
you well to bear that in mind, regardless of eventual findings of that
nature, considering the public nature of your utterances.
(3) I expect that I will be roundly assaulted for posting this note.
One needn't reply; I will not dignify it with a debate, online or off.
The fact is that I hope I never become so complacent about people's
legal rights and their reputations that I fail to object to the type of
assault that the DCU BOD is being subjected to --- suggestions ranging
from discharge from DCU to discharge from DEC, and implications of
worse. I do not judge the moral character of anyone who will not
distinguish allegation from fact to be of higher caliber than the
common thief.
If and when justice is served you may then, in my opinion, feel free to
celebrate that rare and joyous event.
I hope that further replies will show some restraint, at the peril of
having this very conference restricted in some way.
Have a nice day.
\Gary
|
240.66 | | GUFFAW::GRANSEWICZ | It's on my list | Thu Jun 20 1991 11:20 | 25 |
|
RE: .65
And then some people are just too naive (or something else) to know
when their pocket has been picked of $18,000,000. We are merely trying
to get some facts concerning the fate of OUR money from an institution
that doesn't seem to have the proper controls in place to safe guard
it. The Officers of DCU and the BoD, being at the top of the chain of
command, must be held responsible. Can you say "The Buck Stops Here."?
I'd also like to point out that there are probably more crooks walking
the streets that have beat the judicial system than are behind bars.
Your assumption that an innocent finding means the person didn't do
anything wrong is incorrect.
While I disagree with the dismissal of BoD members from Digital, I
certainly feel that they should resign. The dismissal of DSCU
employees that were involved should follow a throrough investigation.
But in this society, it's always somebody elses fault. Personal
responsibility does not exist anymore. We could all learn something
from the Japanese in this area.
Now, does ANYBODY know anything about this "Loan Committee"???
|
240.68 | I react in a strange way where my money's concerned | 16BITS::DELBALSO | I (spade) my (dog face) | Thu Jun 20 1991 11:49 | 35 |
| re: .63, Peter
Well, we probably wouldn't be much worse off! :^)
re: .65. Gary
Certainly we could all sit here in silence. And watch it happen all over
again. You're damn right there's some "noise" here! Maybe enough to get these
people _OUT_!
If it'll make anyone feel more comfortable, I'll rescind my suggestion that
they lose their DEC positions. As I said, I'm in no position to be in any
way instrumental along those lines anyway. (In actuality it wasn't really
a suggestion at all. It was more along the lines of a concern that it wasn't
happening. I think the two are different.) But let me ask you a question -
Would _you_ want to work for/with any of these people when their apparent
negligence has cost you real money?
As far as wanting them out of their BoD seats goes, to the best of my
knowledge I didn't wake up in a different country this AM (or even in
Massachusetts, for that matter :^) ), I I believe I still have every right
to suggeest their removal, as they hold elected positions in an institution
of which I happen to be a part-owner.
Sorry - I don't believe any purpose will be served by keeping quiet, other
than possibly allowing them an opportunity to smooth things over.
.67, Rick
Thanks for the suggestions from your experience. I'd just add that it's most
probably _not_ appropriate to use DEC computer resources for the mail or
posting of notes that was recommended.
-Jack
|
240.69 | bonding company may be on the hook | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Thu Jun 20 1991 16:07 | 16 |
| > 2) I asked about the suit against Mangone. DCU is suing Mangone for
> $10M. However, in my opinion, folks like that are sometimes known to
> dash for the boarder, making it hard to prosecute, so I asked is he in
> custody? Out on bail? Skipped the country? She wouldn't say much, but
> went away, called me back later, and said that they believe that he's
> "accessible" and they believe they can recover the money.
Mr. Mangone was bonded. Even if he disappears, DCU can recover
losses from the bonding company.
Still, I'd like to know where he is, and if he could loan me
several million $$$. DCU wouldn't even loan me a dime to build my
new house 2 years ago, yet they loan $18 mil to folks who aren't
even members. DCU members living in the wrong state are still
treated as third class members. I guess we get paid with the wrong
color of money out here in the field.
|
240.70 | Not a very fair system | GRANPA::TDAVIS | | Thu Jun 20 1991 16:18 | 7 |
| ref .69, I know the feeling I wonder if the same amount of hassle
was extened to the ex pres, as I received when I tried to obtain
a second mortgage last year. In fact I went elsewhere only to get
a lower rate, and speedy service. It makes me ill to see this
happen, as members we ought to begin to put pressure on the
management,and BOD.
|
240.71 | Wouldn't you do it if you had the opportunity | AIDEV::POLIKOFF | DLB5 3/B10 Marlboro 291-8875 | Thu Jun 20 1991 18:53 | 38 |
| We all have a price where we will sell our souls. For some it is
extremely high. For others it is a few bucks. If you don't agree with
this statement then I ask you what you would have done if you were
Sophie in the book "Sophie's Choice". The German SS officer ask her which
of her 2 young children should she keep and which one would go the the
death camp. If she did not choose one then both would die. She had to
sell her soul in order to save the life of one child. What would you
do? Now that we established that souls are for sale I will continue.
Most theft in retail stores are from the help not from shop
lifters. Most theft from banks are from employees and not from bank
robbers.
Some people are overwhelmed by having a lot of money pass through
their hands and are willing to steal that money. Some are even willing
to go to jail because they know that they may be able to hide the money
in such a way that their children may be able to create a dynasty with
the ill gotten gains. The IRS and other agencies are making this more
difficult now but I am sure that if I wanted to start a dynasty I could
somehow stash the money away for a few generations so that my
grandchildren or even my great grandchildren would be billionaires
assuming that I ever had access to billions :*) and that was the price
that I would sell my soul for.
Some people do not believe in souls so the price issue is mute to
them. Common decency prevents some of those people from stealing. For
others, they have to be watched by government agencies. Since our
government deregulated things like banks and then insured banks against
thefts by employees it was almost riskless to steal from banks.
We do not have to vote for a new BoD. We have to vote for a new
government who will regulate what has to be regulated and insure what
has to be insured and never the twain shall meet again.
With less then 50% of the US public voting for our government it
appears to me that they got what they deserved.
Arnie
|
240.72 | My letter to the BoD. I will post any responses | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Thu Jun 20 1991 19:27 | 57 |
|
I N T E R O F F I C E M E M O R A N D U M
Date: 20-Jun-1991 05:01pm CDT
From: Bob Kaplow
KAPLOW.BOB
Dept: SWS
Tel No: DTN 474-5416
TO: See Below
Subject: DCU scandal
I am a long time DCU member who is concerned about what I have
been reading regarding the actions of the former DCU president,
Richard Mangone. I commend you for removing him from office, but I
do not understand how he was allowed to have carried on so far as to
squander $18 million of our funds.
Over the past several years, I have watched as the DCU has
become less attractive to its members. Whatever services are needed,
they are now available elsewhere at better rates than from the DCU.
Perhaps this is a result of the DCU serving its own interests,
rather than the best interests of its members. I have already cast
my vote, two years ago I removed over 90% of my funds from the DCU.
You, the board of directors of the DCU, must be held accountable
for this situation. Failure to honestly communicate these problems
has let to the re-election of the incumbents in the last election. I
think it is time for the entire DCU board of directors to resign,
declare new elections to be held at the first opportunity, and to
bring new blood into managing the DCU. After sorting out the current
mess, the new board should modify the DCU charter to restrict the
number of terms that a director may serve.
Digital Equipment Corporation is MY company too. I feel that the
DCU is abusing the good name of that company. Digital would not be
what it is today if it had treated its customers the way DCU has
treated its customers over the past few years.
Please feel free to respond publicly to this memo. I will be
posting it in the DCU VAXnotes conference which can be found in
BEIRUT::DCU. The readers of that conference would welcome the input
directly from the board of directors.
Distribution:
TO: Remote Addressee ( DAN INFANTE @MSO )
TO: Remote Addressee ( JEFFRY GIBSON @MLO )
TO: Remote Addressee ( CHARLENE O'BRIEN @PKO )
TO: Remote Addressee ( MARK STEINKRAUSS @MLO )
TO: Remote Addressee ( SUSAN SHAPIRO @MRO )
TO: Remote Addressee ( JACK RUGHEIMER@MSO )
TO: Remote Addressee ( ABBOTT WEISS @MKO )
CC: DCU.NOTE ( PAPER MAIL )
|
240.73 | Federal Charges have been filed | TYGER::GIBSON | | Fri Jun 21 1991 09:30 | 15 |
| From this morning's Boston Globe, reprinted without permission.
EX-CREDIT UNION OFFICERS CHARGED
Four former officers of a Hyannis credit that was seized by the
government have been named in a federal suit accusing them of
defrauding the institution of $47 million. The accusations against
the former officials of the Barnstable Community Federal Credit Union
were made in a suit filed in federal court in Boston. The National
Credit Union Administration said that the four used false loan
documentation and stand-in borrowers to defraud the credit union.
Accused were: Michael D. O'Neil, former chairman of the credit union;
James K. Smith, former vice-chairman, Robert Cohen, former general
council; and Richard D. Mangone, a former officer.
|
240.74 | bonding may not cover it | SLOAN::HOM | | Fri Jun 21 1991 10:56 | 14 |
| Re: .69
> Mr. Mangone was bonded. Even if he disappears, DCU can recover
> losses from the bonding company.
As I understand bonding, it applies only to outright theft. The loans
that were granted and approved through the appropriate channels
and were arm's length transactions would
not be covered. These would be considered just bad non-performing
loans.
Gim
|
240.75 | | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Fri Jun 21 1991 11:14 | 3 |
| I got the bonding info directly from Mary Madden. From the
information I've seen so far, theft and fraud have not been ruled
out. See .73.
|
240.77 | will post response soon... | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Fri Jun 21 1991 18:40 | 5 |
| This morning I recieved a phone call from Mark Steinkrauss,
Chairman of the DCU board, in response to yesterday's memo. I have
summarized my notes from that conversation, and I will post them
here as soon as I give Mark a chance to correct any transcription
errors on my part.
|
240.78 | More details of suit | REGENT::AUGERI | Mike Augeri | Wed Jun 26 1991 14:15 | 33 |
| From the Thursday, 20-JUN-1991 Middlesex News (reprinted without
permission). This one gives a little more info than reply 240.73.
4 former credit union officers accused of fraud
ASSOCIATED PRESS
BOSTON -- Four former officers of a Hyannis credit union that was taken
over by federal regulators this year have been accused of defrauding it of
$47 million during the last eight years.
The accusations against the former officals of the Barnstable Community
Federal Credit Union were made in a suit filed Tuesday in federal court in
Boston.
The National Credit Union Administration said the four used false loan
documentation and stand-in borrowers to defraud the credit union.
The suit asked that the assets of the four men be frozen and a trustee
appointed for the assets until the suit is resolved.
Accused in the suit, according to the NCUA were: Michael D. O'Neil, former
chairman of the credit union; James K. Smith, former vice chairman; Robert
Cohen, former general counsel; and Richard D. Mangone, a former officer.
The NCUA seized the credit union March 21 after it said an annual audit
showed "substantive illegal disbursements," poor commercial real estate
loan policies and "excess concentrations of credit to a select number of
members".
The federally chartered credit union has $61 million in assets. It was
chartered in 1982 and had more than 11,000 members when it was seized.
Membership is down to 3,700, the NCUA said Wednesday.
|
240.79 | response from Mark Steinkrauss (revised) | POBOX::KAPLOW | Set the WAYBACK machine for 1982 | Fri Jun 28 1991 14:08 | 63 |
| [I have edited this note and reposted it, incorporating the
changes Mr. Steinkrauss sent me, but somehow All-In-1 failed to
deliver until now. - RGK]
Mark Steinkrauss, on behalf of the BoD, promptly replied to my
memo in a phone call around 11:00 am EDT on Friday, June 21st.
We discussed several issues not related to the current problem,
regarding my impression of the level of DCU service that my memo
also touched on. Since these rapidly got off the topic at hand, I
will not go into detail on them.
Regarding the situation involving Richard Mangone, Mark stated
that this was a very complex fraud that involved many alleged
accomplices (bankers, attorneys, real estate appraisers, etc.) and
went undetected for several years. For example, federal
regulators had examined these loans over four annual
examinations. The DCU Board of Directors, its auditors, and the
NCUA were all unaware of what was happening. These participation
loans go as far back as 1985, and were performing well thru the
end of 1990. DCU participated in these loans, even though they
presented above average risk, because they also presented above
average returns. The loans are secured by real estate.
The DCU has retained Bingham, Dana, & Gould, a major Boston law
firm specializing in finance [and employing my sister-in-law -
RGK] to handle the case against Mr. Mangone et. al. on behalf of
the DCU. They are attaching Mr. Mangone's private assets. Mr.
Mangone was bonded by CUMIS, and they should be liable for some of
any losses from DCU. DCU has hired an outside appraiserS to
re-appraise the 12 properties in question. Mark commented that he
Has seen most of them in person, that they do exist, and they
represent real value. They may have been overvalued by fraudulent
appraisals, but they are far from worthless. These will be sold as
circumstances permit. Due to the pending litigation, Mark could
not go into some details.
As far as the BOD is concerned, Mark commented that these 7 people
serve as volunteers, with no reimbursement for their efforts.
Their monthly meetings do not begin until after work, and now go
on for at least 5-6 hours. In addition, they all spend much
additional personal time doing DCU business. As a result of these
current problems, this workload has increased significantly. While
Mark did agree that ultimately the BOD is responsible for what
happens within the DCU. He also stated that this is NOT the time
for the BOD to consider resigning. Right now, the DCU staff needs
them to direct the resolution of this problem.
DCU has taken many steps to control its own costs. DCU employees
are currently under a salary freeze. Some DCU employees have been
let go due to cutbacks at the DCU. Clair Beaudoin is now managing
the operations of the DCU until there is a permanent replacement
for Mr. Mangone. This is a difficult time for the whole banking
industry, due to economic conditions. At DCU, loan demand is
down, loan delinquencies are up and personal bankruptcies are on
the rise. in many ways, dcu mirrors the challenging times our
corporation is facing.
Mark was quite clear that the DCU is still very solid,
conservatively managed and invested, and has sufficient reserves
to handle this situation. DCU serves 89000 members across the
country. [that makes about an 11% voter response in the last
election - RGK]
|
240.80 | Disgusting. Simply disgusting. | MLTVAX::DELBALSO | I (spade) my (dog face) | Fri Jun 28 1991 22:07 | 9 |
| > He also stated that this is NOT the time for the BOD to consider resigning.
Now, why does this not surprise me?
They will, of course, consider it at some future time, right? Yeah. When
hell freezes over.
-Jack
|
240.81 | | SCAACT::AINSLEY | Less than 150 kts. is TOO slow | Mon Jul 01 1991 10:42 | 12 |
| > for Mr. Mangone. This is a difficult time for the whole banking
> industry, due to economic conditions. At DCU, loan demand is
> down, loan delinquencies are up and personal bankruptcies are on
> the rise. in many ways, dcu mirrors the challenging times our
> corporation is facing.
Yep. Times are tough. It doesn't seem to keep other financial institutions
from offering competative services and rates. I'm not surprised loan demand
is down, considering the hassle I went through the last time I tried to get
a car loan from DCU. You can be sure I won't even bother next time.
Bob
|
240.82 | | NOTIME::SACKS | Gerald Sacks ZKO2-3/N30 DTN:381-2085 | Mon Jul 01 1991 17:22 | 6 |
| re .81:
Other financial institutions offer competitive rates and terms, but what's
"competitive" now isn't what "competitive" was a year or two ago. The spread
between loan rates and savings rates is up, fees are up, and service is
down throughout the industry.
|
240.83 | DCU needs to get back to the basics... | STAR::BUDA | Lighting fuses as I go | Tue Jul 02 1991 11:55 | 23 |
| re .812
>Other financial institutions offer competitive rates and terms, but what's
>"competitive" now isn't what "competitive" was a year or two ago. The spread
>between loan rates and savings rates is up, fees are up, and service is
>down throughout the industry.
USAA is an example that is commonly talked about every now and then, in this
file. It had better rates 2 years ago, fees are not up and has some of the
best service around. The credit card rate is 13.75. It went DOWN recently
,as compared to DCU's going up...
I have a credit card from Citicorp that has cheaper rates then what DCU has!
Granite State Credit Union(in NH) has had better rates on credit cards and
interest. Service has been excellent.
They are starting to lose my buisness. The latest problems just convinced me
that even though only 'less than 5%' of money (not sure if it is reserve or
total funds) was lost, DCU has lost the competetive edge. It has forgotten
about where it came from and why it is around.
- mark
|
240.84 | Official DCU Response | MOOV02::LEEBER | Carl MOO-1(ACO/E37) 297-3957(232-2535), U WANT MODELS? | Tue Jul 09 1991 11:30 | 119 |
| This is an official response by Mary Madden of the DCU. The response,
dated 9-JUL-1991, applies to this note topic and is included below.
See note 2.22 for more information.
Your comments on this response should be posted here or directed to
to DCU directly at Mary Madden's number (dtn) 223-6735 x207.
Carl Leeber
******************************************************************************
Response [Extractor's Note: General response to note topic 240.]
The following is a copy of a June statement insert sent to 88,000 DCU
members. If members have further questions, please call Mary Madden at
DTN/223-6735, X207 OR 508/493-6735, X207:
01 July 1991
Dear Member,
To continue communications begun at the Digital Employees' Federal Credit
Union Annual Meeting, the Board of Directors wants to keep you updated on
the situation involving DCU's former president, Richard Mangone. Since a
number of members have asked questions on this topic, we have used a
question and answer format to respond to your inquiries:
Q. Was Richard Mangone terminated from his position as DCU president?
A. Yes. As we noted in a prior communication to you, our Board of
Directors voted unanimously to remove Richard Mangone from his position as
DCU president and terminated his employment with DCU, effective
April 5, 1991.
Q. Why was he removed as president?
A. Richard Mangone was removed because he brought participation loans to
the credit union that are not performing. These participation loans were
with Barnstable Community Federal Credit <Union (BCCU). Over the past six
years, DCU took various positions, which ranged from fifty to ninety
percent, in these participation loans.
Q. How much of DCU's loan portfolio is in participation loans?
A. The total amount of the participation loan portfolio, which is secured
by buildings and real estate, is approximately $18 million. This
represents 6.4% of our total loan portfolio of $280 million.
Q. Was Richard Mangone the only individual who reviewed these loans?
A. No. The participation loans were reviewed in various levels of detail
by two credit union boards, independent auditors and federal regulators on
an ongoing basis since 1985.
Q. There have been recent media reports about the DCU filing a lawsuit
against Richard Mangone. Is this true?
A. Yes, this is true. On May 23, 1991, DCU initiated a lawsuit against
Richard Mangone. This action seeks to recover losses DCU may have
incurred as a result of Richard Mangone's actions while serving as
president of DCU.
In addition, the National Credit Union Administration (NCUA) has commenced
a civil lawsuit against Richard Mangone and others with respect to these
participation loans and other loans at Barnstable Credit Union.
Q. How much in losses will DCU incur?
A. The amount of losses at present has not been determined. Legal counsel
is investigating the matter. New appraisals are underway to determine
current market value. This will help us ascertain the residual value of
these loans. Reserves have been established to cover losses and will be
adjusted as circumstances warrant. Furthermore, it is likely that DCU
will be able to collect insurance funds from our CUMIS (Credit Union
Mutual Insurance Society) fidelity bond to partially offset losses.
Q. What additional internal controls has DCU put in place so that this
will not happen again?
A. The senior management staff and Board of Directors are taking steps to
ensure the proper internal controls are in place. We are reviewing the
current internal control system to determine whether changes should be
made. Additionally, DCU is not involved in any additional participation
lending at present.
Q. Is the NCUA investigating DCU?
A. No. DCU had its regular examination in January, 1991, by the NCUA.
Their recommendations have been or are in the process of being
implemented.
Q. Is DCU safe and sound as a financial institution?
A. Yes. DCU is safe and sound. Upon request, members may receive copies
of our annual report and statement of conditions by visiting our branch
offices or calling our Member Service Center.
Q. When will there be a new president?
A. The Board of Directors has established a search committee to spearhead
the process of finding new leadership for DCU. Considerable progress has
been made to date.
Q. Will the membership be updated regarding the pending litigation, the
status of the participation loan portfolio and other matters?
A. Yes. The Board will continue to update the membership on the status of
all issues of importance. To accomplish this in a cost-effective manner,
what with 88,000 members, we will try to do so via monthly or quarterly
statements.
Q. Will Digital's workforce reduction impact our institution?
A. Somewhat so. As employees, who are DCU members, leave Digital, their
personal finances change and this may have an impact on DCU. At DCU, and
throughout much of the banking industry, the slowdown in worldwide
economies has resulted in reduced loan demand, and a rise in loan
delinquencies and personal bankruptcy. At all times, and particularly
now, your Board is monitoring all aspects of our institution to maintain a
high level of financial service and stability.
On behalf of the Board and DCU staff, I want to reassure you that DCU is
a financially sound banking institution. We remain committed to providing
you with the highest quality products and services.
Thank you for you continued support.
Best regards,
Mark A. Steinkrauss
Chairman of the Board of Directors
******************************************************************************
|
240.85 | | GUFFAW::GRANSEWICZ | It's on my list | Tue Jul 09 1991 13:37 | 98 |
|
.79> Regarding the situation involving Richard Mangone, Mark stated
.79> that this was a very complex fraud that involved many alleged
.79> accomplices (bankers, attorneys, real estate appraisers, etc.) and
.79> went undetected for several years. For example, federal
.79> regulators had examined these loans over four annual
.79> examinations. The DCU Board of Directors, its auditors, and the
.79> NCUA were all unaware of what was happening. These participation
.79> loans go as far back as 1985, and were performing well thru the
.79> end of 1990. DCU participated in these loans, even though they
.79> presented above average risk, because they also presented above
.79> average returns. The loans are secured by real estate.
Are the many alleged accomplices of this alleged fraud being pursued
also? All of these people would have allegedly benefitted financially
by their alleged involvement in this alleged fraud. I'm sure there are
assets that can be seized here also. Hope I've covered myself against
any possible libel suits. ;-)
.79> any losses from DCU. DCU has hired an outside appraiserS to
.79> re-appraise the 12 properties in question. Mark commented that he
.79> Has seen most of them in person, that they do exist, and they
.79> represent real value. They may have been overvalued by fraudulent
.79> appraisals, but they are far from worthless.
Well, thank God they exist! I'm feeling 1% better. But what are they
WORTH? 5 cents on the dollar or 50 cents on the dollar? Seems if
these properties were over-valued due to "fraudulaent appraisals" then
there is a clear case to be built against the people or companies
involved with those appraisals.
.79> happens within the DCU. He also stated that this is NOT the time
.79> for the BOD to consider resigning. Right now, the DCU staff needs
.79> them to direct the resolution of this problem.
Please let us know when the proper time to consider it is. We will
remind you all on that date. By the way, when is the next BOD
election???
.79> for Mr. Mangone. This is a difficult time for the whole banking
.79> industry, due to economic conditions. At DCU, loan demand is
.79> down, loan delinquencies are up and personal bankruptcies are on
.79> the rise. in many ways, dcu mirrors the challenging times our
.79> corporation is facing.
And this whole fiasco is just the icing on the cake I suppose. Many of
the banking and S&L problems are NOT due to economic conditions but to
mismanagement. Hell, anybody with an IQ greater than 50 can manage
a business and make money in good times. Only the qualified can do it in
uncertain conditions.
As for loan demand being down, that's because DCU isn't competitive in
the loan market. Give your members decent rates and see what loan
demand does. As for loan delinquencies being up, I agree. They are up
at least $18 million! Hmmm, could these large bad loans be skewing the
numbers? As for personal bankruptcies being on the rise, how much are
these small potatoes costing DCU? Aren't their loans secured by cars
and homes? The only unsecured credit offered by DCU is lines of credit
and credit cards I believe. Maybe time to review these on a case by
case basis when credit limits are hit.
.79> Mark was quite clear that the DCU is still very solid,
.79> conservatively managed and invested, and has sufficient reserves
.79> to handle this situation.
Conservatively managed and invested does not jive with engaging in
speculative real estate loans. Just what are the DCU investment
policies? What is off limits and what is permitted?
Let's be clear here. "Sufficient reserves" is a euphomism
for OUR MONEY. $18,000,000 left DCU in loans. If $5,000,000 is
returned then WE have lost $13,000,000 that should have been returned
as dividends or used to reduced loan rates to members.
.84> Q. Why was he removed as president?
.84> A. Richard Mangone was removed because he brought participation loans to
.84> the credit union that are not performing. These participation loans were
.84> with Barnstable Community Federal Credit <Union (BCCU). Over the past six
.84> years, DCU took various positions, which ranged from fifty to ninety
.84> percent, in these participation loans.
.84> Was Richard Mangone the only individual who reviewed these loans?
.84> A. No. The participation loans were reviewed in various levels of detail
.84> by two credit union boards, independent auditors and federal regulators on
.84> an ongoing basis since 1985.
If Mangone was released because these loans "are not performing" and
the BOD (or some of it's members) reviewed and approved these loans,
then aren't they also subject to the same penalties? Was the BoD aware
the Mangone was also on the BoD of the other credit union? Did anybody
see a possible conflict of interest here? Who was Mangone working for
anyways? I guess the answer is obvious, himself.
Are there other DCU officers and BoD members with similar involvement
with other CUs and/or businesses that DCU has loaned money to? Is
there any obligation of DCU to disclose this involvement and the extent in
dollar terms?
|
240.86 | | 16BITS::DELBALSO | I (spade) my (dog face) | Thu Jul 25 1991 18:55 | 7 |
| Does anyone know of what provisions there are in the DCU bylaws for the
membership to remove the BoD from their positions?
A pointer or posting would be appreciated.
Thanks,
-Jack
|
240.87 | | DEMON3::CLEVELAND | Notes -- Fun or Satanic Cult??? | Tue Aug 06 1991 12:41 | 24 |
| RE: elections...
I don't know if there's a way to remove BOD members other than
by refusing to re-elect them.
I know the current system is skewed against "outsiders" running for
election. I remember a couple of people who ran petition campaigns
after not being "approved". I also remeber election after election
returning the imcumbents, even though there were "approved"
challengers. This despite (IMO) the gradual loss of competiveness in
the credit union, both in services and rates. Let's hope that this
time, people remember! Even better would be an organized campaign to
elect a new slate not beholden to the current DCU nor "approved" by its
election committee. (I better watch out before I end up voluteering
myself!)
I blame the current board for allowing the credit union to be gradually
run down. I blame them for becoming involved in risky participation
loans while, at the same time, being ultra-conservative with loans to
members. However, I can't "blame" them for not detecting the alleged
fraud that Mangone perpetrated. Plenty of professionals were taken in
by this scheme, let alone unpaid volunteers.
Tim
|
240.88 | | SASE::FAVORS::BADGER | One Happy camper ;-) | Mon Sep 30 1991 22:38 | 1 |
| .79 was fun rereading.
|
240.89 | What started the NCUA on Barnstable's case? | CACT02::KAPLOW | Set the WAYBACK machine for 1982 | Wed Oct 30 1991 22:51 | 15 |
| Over the past several weeks I've discussed the latest daily DCU
"news" with my wife, usually over dinner. She is a member thru me,
but since she s not a DEC employee, cannot access this conference.
Tonight she asked me a question I could not answer.
What exactly brought the NCUA in to investigate the Barnstable
Credit Union in the first place? Were they insolvent? Did
something else happen to trigger the investigation. All I see here
is that on march 20th, they came in and took over, and then filed
charges against Mr. Mangone et. al. a couple months later.
Since several DCU members have contacted the NCUA, and they have
taken a hands off attitude, perhaps understanding what brought
them in at Barnstable might lead us in the right direction to
getting them in our corner here.
|
240.90 | | GUFFAW::GRANSEWICZ | Someday, DCU will be a credit union. | Wed Oct 30 1991 23:16 | 14 |
|
I have a whole series of articles that document the Barnstable CU
downfall. I will gladly forward copies to you.
> Since several DCU members have contacted the NCUA, and they have
> taken a hands off attitude, perhaps understanding what brought
> them in at Barnstable might lead us in the right direction to
> getting them in our corner here.
In short, insolvency or fraud. Otherwise, seems they can't be
bothered. The NCUA sat down with the Cape Cod Times and went over
what Barnstable was doing back in 1987. They didn't seem to think
anything was wrong back then. Makes you wonder a bit, doesn't it?
|