Bankers are still a marked group


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  • | 2:35 p.m. February 29, 2012
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Executives behind failed banks must face another indignity — possibly being sued by the FDIC — at an escalating rate.

In its role as a receiver for a failed institution, the Federal Deposit Insurance Corp. can sue anyone whom it alleges played a role in the bank's demise. That includes officers, directors, attorneys and accountants. The FDIC says the goal of the policy, adopted in 1992, is to “maximize recoveries.”

That maximization effort is gaining speed. In January, for example, the FDIC authorized lawsuits against 18 directors and officers nationwide, for damage claims worth $85.8 million. And through Feb. 15, the agency had authorized suits against another 36 directors and officers, for claims worth $136 million.

FDIC lawsuit authorization doesn't always mean a suit will be filed; many times the case and defendants settle out of court. Other times a lawsuit is filed and it settles prior to trial.

Still, the rise in the rate of potential lawsuits is striking. The 54 potential defendants in just the first six weeks of 2012 dwarfs the 11 authorized suits for all of 2009. There were 98 potential defendants in 2010, while there were 264 in 2011, FDIC data shows.

At its current pace, the FDIC could authorize more than 500 suits in 2012. That's a lot of potential recoveries.

 

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