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Executive Management Report

Executive Summary
For the Nine Months Ending September 30, 2003

Bank Insurance Fund (BIF):

  • Comprehensive income was $1.4 billion for the nine months ending September 30, 2003, compared to $944 million for the same period last year. Over the year-to-date period, estimated losses for future and actual failures, as well as litigation, decreased by $1.1 billion and operating expenses decreased by $32 million. However, these increases to income were partially offset by lower unrealized gains on available-for-sale securities of $542 million and lower interest revenue on U.S. Treasury obligations of $119 million.
  • BIF's Reserve Ratio increased from 1.28% at 03/31/03 to 1.29% at 06/31/03 because the growth of the BIF more than outweighed the growth of BIF-insured deposits. The fund balance increased by $418 million, or 1.3%, while the estimated insured deposits increased by $8.7 billion, or .3%.
  • Receivables from bank resolutions increased by $118 million to $623 million during the first nine months of 2003, but remained unchanged from second to third quarter of 2003 because of offsetting activity. Recoveries of payments made to cover obligations to insured depositors of failed banks reduced the net receivable by $169 million. This was offset by a $173 million decrease in the allowance for loss which resulted from higher estimated asset recoveries due to the resolution of litigation and tax benefit uncertainties.
  • BIF's contingent liability for anticipated failures declined by $592 million, or 59%, to $416 million for the year and declined by $369 million, or 47%, for the third quarter. This overall decline in the reserves is due to implemented improvements to the loss reserve methodology, improvement in the financial condition of a few large banks, and the actual failure of two BIF-insured banks in 2003.
  • Assets in liquidation decreased by $213 million to $444 million since year-end 2002. This is primarily due to the fact that 93% of the $1.05 billion in assets retained from the failure of Southern Pacific Bank in February 2003 have already been disposed of. Also, 46% of the $438 million in assets remaining as of December 31, 2002, from the three largest failures of 2002 have been liquidated. These three large failures were Hamilton Bank, NextBank and Connecticut Bank of Commerce.

Savings Association Insurance Fund (SAIF):

  • SAIF’s comprehensive income was $439 million for the nine months ending September 30, 2003, compared to $651 million for the same period last year.  This difference was primarily due to a decrease in unrealized gains on available-for-sale securities of $188 million and a slight reduction in interest revenue of $21 million.
  • SAIF's contingent liability for anticipated failures decreased by $88 million, or 98%, to $2 million for the year and decreased by $24 million, or 92%, for the third quarter.  The overall decline is attributable to implemented improvements to the loss reserve methodology and the improved financial condition of a few large institutions.

  • SAIF's Reserve Ratio increased slightly from 1.37% at 03/31/03 to 1.38% at 06/30/03. The fund balance increased by $177 million, or 1.5%, while the estimated insured deposits increased by $7.9 billion, or 1.0%.

FSLIC Resolution Fund (FRF):

~FRF-FSLIC~

  • As of September 30, 2003, future Goodwill and Guarini litigation judgments and/or settlements cannot be reasonably estimated.

    Goodwill Litigation

    For the year, the trial court entered orders dismissing 15 goodwill litigation cases, and two goodwill cases were settled for a total of $30 thousand.  The FRF-FSLIC paid both goodwill settlements and received appropriated funds for the same amounts from the U.S. Treasury.  In addition, the FRF-FSLIC paid $954 thousand for stipulated attorneys fees and costs in one goodwill case during June 2003.  In July 2003, the Circuit Court of Appeals reversed a decision in Comfed v. United States and sent the case back to the Court of Claims for additional evidence on the issue of whether a contract existed between the government and the thrift.

    In addition to payments for goodwill judgments and settlements, the FRF is responsible for reimbursing the U.S. Department of Justice (DOJ) for its goodwill litigation expenses.    On October 1, 2003, FRF paid $33.3 million to DOJ to cover fiscal year 2004 estimated expenses.

    Guarini Litigation

    To date, there have liability determinations in six of the "Guarini" cases, a decision on liability has not been made in the seventh case, and the eighth case was settled during 2002 for $20 thousand. In two of the six cases, damages of approximately $28 million and $70 million were awarded in February and April 2003, respectively, by the United States Court of Federal Claims. Both cases have been appealed by the DOJ. In a third case decided in August 2003, the Court awarded damages of approximately $48.7 million; DOJ's time for filing an appeal has not yet run.

  • Through September 30, 2003, the FRF-RTC has fully repaid $4.556 billion in appropriations to the U.S. Treasury and made payments of $4.572 billion to the Resolution Funding Corporation (REFCORP) to pay interest on REFCORP bonds.
  • One FRF-RTC securitization deal remains active as of September 30, 2003, and is expected to terminate in 2004.

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