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News Now ArchiveFiled on September 15, 2009, published the first business day after.
Government lets UBIT filing date pass WASHINGTON (9/16/09)—The government let its 60 days come and go and failed to file an appeal to a federal court judge's July decision that backed a favorable verdict for credit unions in an unrelated business income tax (UBIT) case. The U.S. Department of Justice had until Sept. 12 to appeal the decision that backed Community First Credit Union in a suit against the Internal Revenue Service seeking refund for UBIT paid on credit life insurance, credit disability insurance and Guaranteed Asset Protection (GAP). The government's decision to back off the lawsuit could have considerable impact on credit union UBIT issues. According to attorney Michael M. Conway of Foley & Lardner LLP, in Chicago, who represented Community First, "Now accountants and tax advisors to credit unions have this court decision as ‘substantial authority' that UBIT is not due on income from credit life insurance, credit disability insurance and Guaranteed Asset Protection." Back on May 14, a jury found in favor of the credit union's refund claim of $54,604, the full amount the credit union sought, plus costs. The Justice Department then asked a trial judge to overturn the jury's verdict, which resulted in a July 14 ruling by U.S. District Judge William Griesbach. Griesbach said that the government's challenge, which asked the court to "re-weigh the evidence and find that the jury should have preferred its version of the evidence" to the credit union's, was "outside the bounds" of what is allowed under Federal Rule 50. Under Federal Rule 50, courts may "grant judgment as a matter of law when a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue." Eric Richard, general counsel of the Credit Union National Association, said Tuesday, "This event—or non event—is important to credit unions and could significant to the future of IRS UBIT opinions." "After putting enormous Government resources into defending against this ‘test case' and having lost at the trial level, the Government chose not to seek to overturn this decision on appeal," said CUNA General Counsel and Executive Vice President Eric Richard. "Clearly, the government was unwilling to expose its reasoning to review by the Court of Appeals even though it had an absolute right to obtain this appellate review. Now accountants and tax advisors to credit unions have this court decision as substantial authority that UBIT is not due on credit life insurance, credit disability insurance and GAP." In another UBIT case, Bellco Credit Union V. U.S. , Judge Christine Arguello asked both parties earlier this month reconsider their requests for a jury trial, which is currently set for Dec. 7. Bellco, of Grand Junction, Colo., has challenged the IRS assessment of UBIT on income from three of its products, and is seeking a refund of $199,293. The amount reflects what was paid on products such as accidental death and disability insurance (AD&D), credit life and disability insurance, and financial services such as investments in 2000, 2001 and 2003, plus statutory interest. No CRA for CUs, CUNA urges WASHINGTON (9/16/09)--The Credit Union National Association (CUNA) has voiced its opposition to H.R. 1479, the Community Reinvestment Act (CRA) Modernization Act of 2009, in a letter sent to House Financial Services Committee Chairman Rep. Barney Frank (D-Mass.) ahead of Wednesday's House hearing. Rep. Eddie Bernice Johnson (D-Texas), National Community Reinvestment Coalition President/CEO John Taylor, Massachusetts Commissioner of Banks Steven Antonakes, and National Urban League President/CEO Marc Morial will testify during the hearing, along with academics and representatives from various Washington-based interest groups. H.R. 1479, as currently written, would broaden the reach of CRA requirements to more entities, including credit unions. Under this legislation, credit unions would need regulatory approval to place new branches and would be forced to hold 30-day public comment periods before relocation, mergers, or field of membership expansions could be completed. While CUNA and credit unions in general support providing greater financial services to the underserved, CUNA opposes bringing credit unions under the purview of the broadened CRA legislation, saying that the "significant regulatory burdens" imposed on credit unions by this bill would create "unnecessary and possibly harmful" consequences for credit unions. According to CUNA, credit unions, which have not engaged in redlining nor reduced the amount of credit available to their members, "have done nothing to deserve the regulatory framework that has been rightly imposed on banks for their misdeeds." The letter also takes issue with a recently released National Community Reinvestment Coalition (NCRC) paper that addresses whether or not credit unions are fulfilling their mission of serving their members. CUNA recently addressed the NCRC report, which unfavorably compares credit union lending practices to those of banks, dismissing it as a flawed report that should be dismissed by policymakers. This NCRC paper is expected to be discussed during the hearing, which is scheduled to take place at 10 a.m. today. The letter, which has also been delivered to members of the committee, includes a detailed response laying out what CUNA sees as the "fundamental flaws" in the NCRC report. To see the CUNA letter in full, and NewsNow's coverage of the NCRC's paper, use the resource links. Potential fair value changes concern Fed Reserve gov. WASHINGTON (9/16/09)--Federal Reserve Governor Elizabeth Duke this week expressed concern regarding whether or not financial institutions would be able to adequately comply with a potential new fair value rule, stating that the Federal Reserve has "very little actual experience in fair-valuing liabilities." Speaking on her own behalf at the American Institute of Certified Public Accountant's conference on Banks and Savings Institutions, Duke said that it is "frustrating" to assess "the viability of individual financial institutions and the financial system as a whole" when the worth of an asset "is based on the nature of its acquisition rather than the way in which it is managed or the way in which its economic value is likely to be realized." According to Duke, fair value has "relevance" in situations where business models are "predicated on the trading of financial instruments." Increased use of fair value accounting "could create disincentives for lending to smaller businesses whose credit characteristics are not easily evaluated by the marketplace," Duke added. Financial Accounting Standards Board Chairman Robert Herz recently disclosed that the agency plans to issue a broad-based exposure draft on fair value accounting around the end of this year. While Herz has not discussed the exposure draft in great detail, he said that the exposure draft would address fair value accounting rules for all financial instruments, including allowances related to loan loss accounts, adding that the board would provide the industry with the time needed to comment on the proposal once it has been issued. Any changes, if approved, would not go into effect until 2011, Herz added. The Credit Union National Association will discuss fair value and other matters of concern to credit unions during a Sept. 17 conference call with Chairman Herz. Inside Washington
Borrowers sue over Huron River real estate deals TAMPA, Fla. (9/16/09)--Twenty-eight borrowers from nine states filed a lawsuit Sept. 9 in a U. S. District Court in Tampa, Fla., against Michigan-based Huron River Area CU and several real estate venturers over Florida speculative land deals that contributed to the failures of Huron River, and Norlarco FCU and New Horizons Community FCU. Also named in the suit is Huron River's liquidating agency, the National Credit Union Administration (NCUA). NCUA assumed control of the credit union in February 2007 and liquidated it the following November. It is in the process of trying to collect on loans made by the credit union in the undeveloped Cape Coral and Lehigh Acres projects in Florida. Those developments went bust when the real estate market bottomed out. Among the defendants are Russ Whitney and his firm, the Whitney Education Group, which conducts real estate investment seminars throughout the U.S. under the name "Millionaire University" (MU); Michael O. Kane and Gulfstream Realty; United Mortgage; the Construction Loan Co. (CLC) and other partners. The suit alleges that the defendants worked together in an enterprise to sell, develop, finance, market and manage Florida real estate to and for MU students, who were the targets of the fraud. CLC acted as Huron River's agent for a Florida construction loan program and would close the construction loans and attempt to assign each loan to the credit union. The assignments were allegedly "illegal and void because the plaintiffs were not legal members of Huron River Area CU," according to the complaint filed. The plaintiffs are from California, Florida, Illinois, Maryland, Massachusetts, Minnesota, Michigan, Tennessee and Texas. The case is similar to a lawsuit filed by nearly 60 borrowers in a Circuit Court in Florida, now in U.S. District Court in Ft. Myers, Fla. That suit was filed on July 31, 2007, against both Huron and Norlarco. Although the plaintiffs are different, both sets of plaintiffs are represented by the same law firm, Conwell Kirkpatrick of Tampa, Fla., and many of the allegations are identical. In both cases, plaintiffs alleged violations of the Racketeer Influenced Corrupt Organization (RICO) Act. In July, the Department of Justice, representing NCUA in the case, filed a motion for sanctions against the lawyers and plaintiffs of the earlier lawsuit, asserting that the plaintiffs' RICO claims against Huron River Area CU "had no evidentiary support." No rulings have been made on the sanctions motion. Plaintiffs in the new lawsuit also present as evidence for their arguments a copy of the NCUA Office of Inspector General's Nov. 26, 2008, Material Loss Review of the Huron River Area CU. The report analyzes why the credit union failed and concludes the credit union:
The report also said management of the credit union was not forthcoming with examiners about the construction loan program and may have ignored warnings regarding the expected decline of housing values, especially those in the Florida market. In the earlier lawsuit, NCUA presented a D'Oench Doctrine argument--that federal common law and the Federal Credit Union Act bar suits and recoveries of this type against NCUA when it is acting as the liquidating agent of a federally insured credit union. On Sept. 3, the judge gave the plaintiffs and defendants 11 days to present the status of their mediation efforts from the case filed in 2007. No ruling has been made yet. In the latest suit, the plaintiff borrowers ask for a jury trial; for the court to declare their loans held by the liquidating agent as illegal and void; and for a judgment that NCUA has no standing to enforce the terms of the loans. GM expresses appreciation to CUs, outlines plans LANSING, Mich. (9/16/09)--Management officials at General Motors expressed appreciation for credit unions and their "Invest in America" auto-sales incentive program during a conference call Monday. Mark LaNeve, vice president of sales and marketing for GM North America, told more than 100 credit unions on the call that "Invest in America" is not just a program GM considered when credit was tight, but a critical partnership for the newly restructured automaker. He outlined GM's plan for moving forward and how credit unions fit into that plan. CUcorp CEO David Adams also spoke during the call, describing the partnership as a catalyst to how business can be done in today's economic environment. CUcorp is a service corporation of the Michigan Credit Union League. "This is another positive example of how today's economic climate is creating unprecedented opportunities for credit unions and their members," Adams said. LaNeve explained that 60% of credit union members who requested a GM authorization code for a discount are purchasing the vehicle. The normal rate is about 15% to 20%, and he expressed satisfaction with the credit unions' statistic. LaNeve also pointed out that 66% of credit union members buying a GM vehicle is either a new GM customer or returning after using another company. Credit unions had an opportunity to ask questions directly with GM and give senior management an idea of how the program worked from the credit union perspective. "This meeting was likely the first time that General Motors Corp., the venerable powerhouse in the auto industry, has had a dialogue with some of the largest credit unions in the nation about a partnership," said Adams, adding that CUcorp is committed to being a catalyst for partnership between credit unions and GM. So far, more than 190,000 vehicles have sold under the "Invest in America" program, with credit unions financing more than 150,000 of the sales. This has resulted in new credit union loans of about $3 billion, said CUcorp. USA Today: Stashing cash? Try high-yield CU account NEW YORK (9/16/09)--USA Today Tuesday suggested that consumers look to credit unions as a place to stash their cash. Consumers are spending less and saving more, but they should put their money in a place where it can earn interest. The article suggested consumers look into rewards checking accounts with interest rates of 4% or higher, which are offered by some credit unions and banks (USA Today Sept. 15). It also suggested placing emergency funds in a credit union account as opposed to a money market account, which allows consumers to put money they're planning to invest in stocks or mutual funds. The advantage of placing money in a high-yield account is liquidity--which means consumers can withdraw their money at any time without penalty. "It you're looking for a place to stash your emergency savings, a high-yield bank or credit union account is a better choice," the article said. USA Today also reminded readers that deposits in credit unions are backed by the National Credit Union Administration up to $250,000. Resource Links Hampel to BizWeek: Why inventory is hard to finance LOS ANGELES (9/16/09)--Inventory financing will be one of the most difficult things to obtain this year, according to the Credit Union National Association's (CUNA) chief economist. Inventory financing is hard to get because inventory is basically useless, Bill Hampel told BusinessWeek Friday. "Inventory is, by definition, self-liquidating, extinguishing collateral because if the business does not sell the vast majority of its inventory, it's essentially worthless," Hampel said. "For a lot of business lenders, inventory financing is essentially viewed as unsecured lending." BusinessWeek's article noted that Josh Lipton, owner of BikeShopHub.com, had received a $32,000 revolving line of credit from Bank of America. BofA cut the line in half this summer. Lipton said he used the credit during the slow season last fall, but paid it off in full in spring. After he paid off the line of credit, he received a note from Bank of America saying he did not qualify anymore for that large of a credit line. Auto lending helps Michigan CUs gain popularity LANSING, Mich. (9/16/09)--Michigan credit unions saw an 8.5% increase in new auto loans during second quarter, says the Michigan Credit Union League, citing data from the National Credit Union Administration. The increase equals $2.2 billion in auto loan balances as of June 30--a 32% increase in new-vehicle loans over June 2008 (Michigan Monitor Sept. 14). "More than 200 credit unions statewide have stepped in to fill the void in auto lending," said league President/CEO David Adams. "Credit unions are financially stable, increasing members' savings deposits, and supporting their members and Michigan's auto companies by making the loans that put new and used cars on the road," Adams added. He cited credit unions' "Invest in America" program, which "has strengthened credit union relationships with auto dealers and shown the importance of buying American." Used-car loans increased 14% over the period, and small business loans grew about 17%. That momentum continued into the third quarter of 2009, with the state's credit unions increasing their market share of new- and used-car loans from 23% July 31, 2008, to 36% on July 31, 2009. This is the highest market share increase of the 20 most populous states, the league said. On Tuesday, the Oakland Press featured the statistics and Adams' comments, as well as a comment from Claudia York, CEO of Chief Financial FCU, Pontiac, who noted the increase in business in both new- and used-car loans. Resource Links Refinancings boost Georgia CUs' loan portfolios DULUTH, Ga. (9/16/09)--Georgia credit unions saw a boost in lending, largely due to refinancings, during the first six months of 2009, says an article in The Atlanta Journal-Constitution (Sept. 14). Credit unions in the state reported $2.1 billion in loans originated during the first half of the year, compared with $2 billion for the first six months of 2008. The number of loans dropped slightly but the average loan size rose. Mike Mercer, president/CEO of the Georgia Credit Union Affiliates, said that much of the new business was generated from homeowners refinancing their mortgages. He told the publication the league was "pleasantly surprised that originations have been as good as they have." The article noted that loan volume growth has slowed, and earnings are down by about 50% across the board, with about one-fourth of the state's 168 credit unions reporting a loss over the period. Mercer told the newspaper that credit unions' deposit levels have shot up faster than money can be lent out. Credit unions are parking cash in overnight or short-term investment accounts, which earn far less than the 1% to 2% returns paid on the deposits, and that eats into the credit unions' earnings. Deposits are up about 16% over the same period last year because members are keeping money in their accounts rather than spending or investing. While credit unions' loans were up, the state's banks loan volume dipped slightly, to $207 billion at the end of June. That compares with $214 billion in June 2008. Resource Links Series on CUs appears in Arizona biz mag PHOENIX (9/16/09)--Arizona Business Magazine this month published a series of six articles, including three profiles, on Arizona credit unions and their employees. The individuals profiled by the magazine were: Mary Marshall, retired CEO of Alhambra CU, Phoenix; Pat Bodnar, senior vice president of the Arizona Credit Union League; and Robert Ramirez, president/CEO of Vantage West CU, Tucson. The magazine noted:
Arizona Business Magazine also noted the transformation of the Arizona League throughout the decades, Arizona credit unions' outreach efforts to small businesses, and the league's partnership to help credit unions in Antigua. To read the full articles, use the link. Resource Links Pittsburgh CUs prep for G-20 Summit impact HARRISBURG, Pa. (9/16/09)--The Pennsylvania Credit Union Association held a conference call Monday with credit unions in the Pittsburgh area to discuss preparations for operations during the Group of 20 (G-20) Summit, which will be held Sept. 24-25 in Pittsburgh. The G-20 Finance Ministers and Central Bank Governors was established in 1999 to bring together systemically important industrialized and developing economies to discuss key issues in the global economy. The credit unions shared information and plans. Most of the credit unions are closing or having limited hours during the event. Sandy Shenk, Pennsylvania Credit Union Service Centers Inc. state coordinator, discussed how shared branching really helps during situations such as the G-20 Summit. Nine credit unions participated in the call (Life is a Highway Sept. 15):
Scammers access energy company’s account, client info BRUNSWICK, Maine (9/16/09)--Eastern European scammers used a sophisticated e-mail scam to gain access to a Brunswick, Maine, heating fuel company's bank account it uses to allow customers to pay for fuel with electronic funds transfers from their checking accounts. The scam has implications for credit unions. The breach of Downeast Energy and Building Supply's account cost the company roughly $150,000 and exposed checking account information of hundreds of customers, the company said Monday (MaineBusiness.com Sept. 15). The scam began with an e-mail to a Downeast employee that claimed to be from the company's bank. An e-mail link that seemed to be from KeyBank took the employee to a bogus website that was identical to the bank's, the publication said. Once the company's bank-issued user name and password were entered, the information was delivered to the scammers who then used it to steal money from Downeast, MaineBusiness said. Internet criminals are stepping up their targeting of small- and mid-sized companies because they have less sophisticated security than larger companies, a Federal official told the publication. About 87% of data breaches could be thwarted with simple-to-intermediate preventive measures, said a Department of Homeland Security official. Cybercrime has cost the nation nearly $8 billion, U.S. Sen. Susan Collins (R-Maine), ranking member of the Senate Homeland Security and Governmental Affairs Committee, told the committee. Data relating to more than 130 million credit and debit cards have been stolen from corporations, the publication said. PCUA board approves five policies HARRISBURG, Pa. (9/16/09)--The Pennsylvania Credit Union Association's (PCUA) board of directors Friday approved five policies during its Fall Leadership Conference. The association reaffirmed its existing policy to fully defend any adverse tax ruling at all costs--at federal, state, or municipal levels--through the courts or the legislature. The board voted to modify the association's partnership with the Credit Union National Associations (CUNA) to broaden its education programming. PCUA will continue to promote CUNA education products and services where appropriate (Life is a Highway Sept. 15). The board also voted to continue its iBelong credit union awareness campaign, basing assessments on a three-tier funding option for credit unions that stipulates:
This will result in nearly all credit unions seeing a decrease in their iBelong assessments, PCUA said. The board also approved increased membership fees for all asset categories over $100 million by $1,000 per asset category. Finally, the board agreed to a one-time free trial membership for non-affiliated credit unions, from Oct. 1 through Jan. 31. CU System briefs
Market News MADISON, Wis. (9/16/09)
News of the Competition MADISON, Wis. (9/16/09)
Roth IRA: Convert or not to convert? NEW YORK (9/16/09)--Are you looking for an opportunity to shelter retirement savings from future tax increases? On Jan. 1, the usual income limitation of $100,000 will be lifted, and tax rules will allow you to spread the conversion taxes you'll owe over two years instead of paying them all in 2011 (The New York Times Sept. 3). There are good reasons to convert a regular individual retirement account (IRA) to a Roth in January, but it might not be the best strategy for you. Consider the pros and cons. If you're young, converting to a Roth is a smart money move. It's true that you'll pay ordinary income taxes on the money you convert at your current tax rate, but consider this:
Reasons why converting may not be right for you:
For more information, read "Switching to Roth May Ease Conversion Taxes" in Plan It: Retire Ready Toolkit. Resource Links Rochdale Group launches revalidation technology OVERLAND PARK, Kan. (9/16/09)--The Rochdale Group announced the availability of e-Revalidation, which is designed to test 100% of a credit union's risk-based loan portfolio. e-Revalidation delivers comprehensive reviews of credit unions' risk-based lending and pricing models. It also eliminates internal disruptions related to onsite reviews, which frees credit union staff time, and saves money by eliminating customary travel expenses incurred by in-person revalidation engagements. Credit unions' risk-based-lending and pricing scorecards should be revalidated regularly, according to The Rochdale Group. After a review at the end of the first year of risk-based lending, a revalidation typically is performed every two years. Philadelphia (Pa.) FCU, which receives more than 10,000 consumer loan applications per year, implemented e-Revalidation. It reviewed 13,953 consumer transactions conducted during a 12-month period. Previously, the credit union had tested a random selection of total loan transactions. The Rochdale Group, based in Overland Park, Kan., provides services to more than 500 credit union entities nationwide. NACUSO teams with Pepperdine to build leaders network NEWPORT BEACH, Calif. (9/16/09)--The National Association of Credit Union Service Organizations (NACUSO) is partnering next month with Pepperdine University to offer a certification program to build a leadership community for credit unions. Registration is now open. The program, Designing and Implementing Collaboration and Business Networks, is scheduled to include classroom sessions, distant learning sessions and group projects. NACUSO will host two classes a year in October and April. Potential projects include opportunities to work with existing credit union service organizations, develop new leadership community contacts and contribute to developing new credit union business templates. "This program is more than a seminar or a feel-good flyby on the old ideas about collaboration within our industry," said NACUSO CEO Tom Davis. "This is a program designed to keep the participants engaged with the ideas, their peers, and working businesses that can inspire credit union and CUSO business leaders to find the action in all of this talk about the promise of collaborations and networked marketplaces." The Class of October 2009 will set the foundation for the program, NACUSO said. The class will aim to develop:
NACUSO said it expects more than 100 individuals to graduate from the program within a few years. |
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