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After Wachovia agreed to be bought by Wells Fargo on Friday, the FDIC's Sheila Bair put out a press release saying that her agency "stands behind its previously announced agreement with Citigroup".

Except, it wasn't quite as simple as that. During that whole week, according to the affidavit of Wachovia's Bob Steel, Wachovia had been negotiating in good faith with Citigroup; there was no contact with Wells Fargo. Until, that is, quite late on Thursday night:

On October 2, 2008 at approximately 7:15pm, I received an unexpected call from Chairman Bair. She asked if I had heard from Mr Kovacevich. I assured her I had not spoken to him since the initiation of the negotiations with Citi. She advised me that it was her understanding that he would be calling me to propose a merger transaction that would result in Wachovia shareholders receiving $7.00 per share of Wells Fargo common stock and encouraged me to give serious consideration to that offer.

At that point on Thursday, the agreement between Wachovia and Citi was all but nailed down; they'd even scheduled a time to sign it -- 2pm on Friday. Of course, that never happened. And it looks very much, from Steel's affidavit, that Bair had been working behind the scenes with Kovacevich and the crew from Wells Fargo, putting together a rival deal.

Which puts her public statement on Friday morning into a bit of perspective: yes, she might stand behind the agreement with Citi. But left unsaid was her clear support for a new deal with Wells.

This isn't so much ad hoc policymaking as post hoc policymaking. The agreement with Citi was put together over the course of a very hurried Sunday, because Wachovia would have to have declared bankruptcy on Monday morning if it didn't have a deal. As Jamie Dimon would say, buying a house and buying a house on fire are two different things. Citi bought a house on fire, thereby saving it from burning to the ground. And then Mr Kovacevich waltzed in, decided that, on reflection, he rather liked the look of the house after all, and used a provision of the newly-enacted TARP legislation to gazump the hapless Mr Pandit.

It's easy to see why Citi's rather aggrieved about the whole deal; it's harder to see why Bair would so drastically burn her bridges with 399 Park. If she ever wants to work with Citigroup again, when next she needs to rescue a bank in trouble, I suspect she'll get an extremely frosty reception.

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This article has 14 comments:

  •  
    Well I guess is time to put themselves to work instead of whining of who gets who and start remdiating the banking book of business of Wachovia by selling those toxic loans and getting hudge advantage of the tax break, Wachovia needs to do this the sooner the better while things sort themselves out.
    2008 Oct 07 07:49 AM | Link | Reply
  •  
    I think this is good. Citi because of fire sales was paying well below the market price. Now Wells has decided to up the price. I am sure if Citi decides to up the price beyond Wells then they would listen.

    This new deal dose not involve Fed bail out and we all should be cheering for Shiella for doing a great job.

    She is one of the few very very smart banker who is working behind the scene and she would not walk away to millions of dollors of perks like these private greedy bankers.

    THANKS TO SHIELA FOR THE GREAT JOB!!!!
    2008 Oct 07 07:57 AM | Link | Reply
  •  
    Sheila Bair and people like here at the Fed are the biggest problem with our financial system and the trouble it is in today.

    How can one possible think that giving Citi bank (who is themselves very shaky at best) billions of dollars in our tax money so that they can buy Wachovia is the right way to proceed when Wells is willing to do it for nothing and assume Wachovia's debt load in-house within the framework of the legislation just passed.

    Thank god she won't have a job after this year!

    Wonder who she's going to be working for?

    Citi Bank per chance?

    A ticked of TAXPAYER
    Milt


    If your not part of the solution then your part of the problem!
    2008 Oct 07 08:43 AM | Link | Reply
  •  
    Wells offer 'does not cost taxpayer anything' is NOT true at all. The new tax provisions for troubled bank acquisition will cost the taxpayers, us, about $30B, one economist estimates. Without that tax savings, Wells would not have made that offer.
    2008 Oct 07 08:57 AM | Link | Reply
  •  
    I am sick of hearing this BS that the WFC deal will not cost tax payers anything!!! Will probably cost us more! Unless WFC will pledge not to benefit from the bailout bill, new tax law ...

    What Sheila Bair did was highly unethical, City will have to be compensated. This kind of behind the back shady dealing remind me of a corrupt third world country,

    This sets a nasty precedent, that might complicate things in the future, and create even more jobs for lawyers.... and increase cost of doing business...
    2008 Oct 07 10:01 AM | Link | Reply
  •  
    Ever since govt started meddling in the market, modifying stock market ruless and adjusting loans for borrowers, ethics has been thrown out the window.
    2008 Oct 07 10:47 AM | Link | Reply
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    Oh please ZF! You think Citi wouldn't take the same advantage from the bailout deal??? And then turn around and add to the 60 billion they have already blown? Wells is in a better position to absorb the losses. Bair's job is not to analyze the legalities and she may have faced some of her own if she failed to produce the offer to Wachovia. Stick to your day job (Citi Teller).
    2008 Oct 07 10:48 AM | Link | Reply
  •  
    This is the absolutely worst thing that the FDIC could have done. At its core this is a crisis of confidence as credit by its very nature is a form of confidence. For the FDIC to lose any confidence in its influence as a force of market stability by playing favorites and backing out of a deal with C one of the most prominent and important financial institutions on the street in order to renegotiate a deal and walk away from taking losses is a very short sighted and ill conceived move.
    2008 Oct 07 10:54 AM | Link | Reply
  •  
    seems that the real difference in this deal is that under the Citi deal the FDIC would have had an $11billion stake and shared in the clear upside as Wachovia improved,while providing a gtee for any losses in excess of $42billion i.e. highly remote.Whereas in the Wells deal the FDIC gets nothing in the upside,and will still have to buy the poor assets under the TARP.So Wells and Buffet have taken all the potential upside for themselves .Does this not sound like greed?
    2008 Oct 07 11:21 AM | Link | Reply
  •  
    Give me a break!

    If you really beleive that " C is one of the most prominent and important financial institutions on the street" is right then i would rush out and invest in a hurry!

    But if you don't want to lose your a** then only borrow it to sell short!

    C's got about as much of a chance of survival as Countrwide as the shake out continues mabey even less!!!
    2008 Oct 07 12:14 PM | Link | Reply
  •  
    The short sale of WaBooBoo to Jamie Dimon and attempted fire sale of Wachovia to Citi are completely contrary to the Sheila's seizure of IndyMac. We were led to believe that it could take up to two years for Sheila to sell off the remnants of IndyMac. Sheila's potential employers apparently not interested in IndyMac. The FDIC also was noted for seizing banks on Friday nights since these action were less disruptive to depositors and tne markets. So, the Thursday afternoon seizure of WaBooBoo (secret website,secret banks, secret bids) and Sunday evening fire sale of Wachovia clearly were the result of intimate personal collusion and not effective regulatory duties let alone effective government.
    Forget trickle down economics benefiting Joe six pack, this is trickle down politics benefiting Sheila Chardonay and Henry Hennessy and some intimate friendsThese recent fire sale exploits could be compared to Mrs. O'Leary's cow's exploits on an ill-fated Chicago evening. Mrs. O'leary's cow had one opportunity to get-it-right. Trickle dowm immediately after knocking over the lantern. Sheila Chardonnay's, Henry Hennessy's, and Kegger Congress' exploits can be compared to is Mrs. O'Learys cow taking a trickle on the broadside of the barn after the barn was fully engulfed in flames and subsequently being given credit and praise for trying to save Chicago. I don't think Mrs. O'Leary's cow could have hit the broadside of the barn even with its best efforts (trickle down you know!). Likewise, I don't think the Congress, regulatory agencies, nor cabinet departments, even with their best efforts and focus, could hit "the broadside of a barn" even with the barn adequately lit by firelight. (Credit USN&WR editor Brian Kelly for Mrs. O"Leary's cow's exploits)
    2008 Oct 07 05:22 PM | Link | Reply
  •  
    Seems to me like Bair has her priorities straight. I frankly don't care if a bunch of bankers throw a tantrum over being double crossed. They do it enough to the common man. Go Sheila. She has greatly improved her standing in my eyes.
    2008 Oct 07 06:14 PM | Link | Reply
  •  
    May be Sheila Bair wanted to help her new good friend, Warren Buffet, make more money. FDIC cannot be trusted as long as she is at the helm.
    2008 Oct 08 12:09 AM | Link | Reply
  •  
    To those who commented about Citi also benefiting from the tax break:
    (1) It only applies if companies are bought as a whole not the case in Citi's offere.
    (2) Citi does not have a lot of profits to write-off the losses again :(.
    2008 Oct 08 09:06 PM | Link | Reply
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