The firm is proud to have played a role in the following
negotiations and settlement, as corporate counsel to Financial Corporation
of Santa Barbara:
FOR IMMEDIATE RELEASE
February 15, 2000
Contact: David L. Tilton, President
Financial Corporation Recovers
$8.7 Million from FDIC
SANTA BARBARA, CA — Financial
Corporation of Santa Barbara reached a settlement agreement today with
the Federal Deposit Insurance Corporation ("FDIC") under
which the FDIC will pay Financial Corporation $8.7 million. This is
a full settlement of Financial Corporation’s claims to residual
value from the receivership estate of Santa Barbara Savings and Loan
Association, the former subsidiary of Financial Corporation.
"This ten-year battle, since the seizure of Santa
Barbara Savings, has been a long and bumpy road," said Financial
Corporation president David L. Tilton. "Today’s settlement
validates our efforts and vindicates our belief that Santa Barbara
Savings should not have been seized by the government in 1990."
This settlement will end a legal action brought in
federal court in October 1997 by Financial Corporation. In July 1999,
U.S. District Court Judge Dickran Tevrizian in Los Angeles appointed
a Special Master to review the FDIC’s accounting for the receivership
of Financial Corporation’s subsidiary, Santa Barbara Savings.
Special Master Malcolm M. Lucas, retired Chief Justice of the California
Supreme Court, supervised the settlement talks that resulted in today’s
agreement.
The FDIC has agreed to pay the $8.7 million cash settlement
by March 31, 2000. Under Financial Corporation’s bankruptcy plan,
this will enable a subsequent payout to holders of preferred stock
equal to their full liquidation preference. Though there are many details
to finalize relating to distributions, the company estimates that approximately
$5 million will be available for payment to holders of common stock,
or about 20 cents per share.
Santa Barbara Savings, a century-old savings association
with $4 billion in assets, was seized by the RTC in 1990 for failure
to comply with new government-mandated capital requirements. Approximately
800 employees lost their jobs as a result. Financial Corporation, the
second largest public company in the U.S. to emerge from bankruptcy
in 1995, has been marshaling assets and has paid off all creditors
under a plan of liquidation. Its final responsibility has been to recover
any residual value from the Santa Barbara Savings receivership and
distribute this amount to its shareholders.