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  • Bank Islam’s iTEKAD scheme for micro-entrepreneurs, those affected by Covid-19

    Bank Islam Malaysia Bhd has launched iTEKAD micro-financing programme for micro-entrepreneurs and those affected by the loss of income due to Covid-19.

    Bank Islam said the programme offers seed capital with an affordable micro-financing arrangement for eligible applicants to start and grow their business to generate sustainable income.

    In addition to the funding of working capital, iTEKAD will use the zakat fund for the purchase of tools and equipment required for eligible recipients.

    “iTEKAD also involves collaborations with selected implementation partners such as State Islamic Religious Councils, agencies and non-government organisations.

    “As the pioneering participating Islamic financial institution, Bank Islam will be working together with Majlis Agama Islam Wilayah Persekutuan (MAIWP) and SME Corp Malaysia in the first phase of the programme,” it said today.

    Through the collaboration, Bank Islam said, recipients would receive structured entrepreneurship and financial management training.

    This is to ensure they receive a more holistic understanding, skills and knowledge in managing their business efficiently and sustainably.

    Minister in the Prime Minister’s Department (Religious Affairs) Datuk Seri Dr Zulkifli Mohamad al-Bakri said iTEKAD was an avenue to assist the B40 micro-entrepreneurs and asnaf who are greatly affected by the Covid-19 pandemic.

    Bank Islam chief executive officer Mohd Muazzam Mohamed said iTEKAD wad parallel to its values in enhancing the wellbeing of the people through the preservation of wealth, lives, prosperity and intellect.

    Mohd Muazzam said it was also in line with the Value-Based Intermediation philosophy, thus further fortifying banks’ commitment in supporting small businesses.

    “Bank Islam is allocating RM5 million from Bank Negara Mslaysia’s Micro-Enterprise Facility Fund for this microfinancing programme.

    “Eligible applicants that adhere to the asnaf criteria guided by Shariah rules and principles will benefit from a provision of RM300,000 Zakat fund of Bank Islam,” he said.

    He said the first phase of the programme was expected to benefit 100 recipients by the end of the year.

    The bank has received 14 number of applications, mainly from micro-entrepreneurs in food and beverages, manufacturing and services sectors In Wilayah Persekutuan.

    “The selected participants will be undergoing training under SME Corp beginning July,” he added.

  • US property investors braced for rise in delinquencies

    Investors in US business mortgage-backed safety and securities are supporting themselves for losses as the coronavirus pandemic pressures proprietors of shopping centers, resorts, workplace towers and also various other homes to avoid repayments.

    More than $45 bn of mortgage packed right into US CMBS are past due and also were in supposed moratorium in April, S&P Global stated onTuesday

    Analysts with S&P, the nation’s biggest credit scores ranking firm, projection that 10 percent of home loans in US CMBS bargains might fall under misbehavior in May if those in their moratorium remain to go unsettled. In April that share was much less than 2 percent.

    “The measures adopted to contain Covid-19 have pushed the global economy into recession and could cause a surge of defaults,” stated Ambika Garg and also Tamara Hoffman, experts at S&P.

    Details on financing repayments that have actually fallen back, consisting of those that are much less than one month unpaid, are currently being carefully complied with by investors aiming to comprehend the damages brought upon by the closures and also sanctuary-in- area orders that have actually been enforced as US authorities tried to reduce the spread of the infection.

    The moratorium cover home loans that are much less than 30 days late in addition to repayments that have actually not yet been accumulated by the time the home loan servicer releases its month-to-month record to investors.

    Since March, resort reservations have actually broken down while dining establishments and also sellers in rural shopping center and also shopping center have actually shut their doors. Only in current days have actually some firms started to resume on a minimized basis. Many services have actually transferred to preserve money and also have actually rejected to pay rental fee.

    “We have seen a significant ramp-up in loans not only in special servicing but in a grace period over a short period of time,” stated Sagar Parikh, a securitised items investor at possession supervisor TCW. “It’s our expectancy that the numbers will certainly grab [in] May based upon what we saw from. the forbearance demands.”

    S&P stated on Tuesday that 91 finances worth $2bn were recently overdue, with past-due home loans on resorts accounting for virtually fifty percent of the number. The ranking firm approximated those finances raised the general delinquencies in CMBS deals to $9.8 bn.

    Lower- ranked tranches of CMBS have actually rolled in worth. The safety and securities, which are cut to offer investors differing levels of direct exposure to the prospective default on the hidden home loans, have actually sunk because late February when worries bordering coronavirus initially struck US monetary markets.

    A record dispersed on Tuesday to investors in a CMBS structured by Citigroup in 2012 emphasized the quick spread ofdelinquencies Figures revealed that 6 of the 46 finances underpinning the offer lagged settlement in very early May, up from 3 in the previous month.

  • 许世平、尹海岩等贷款诈骗罪一审刑事判决书

    新疆维吾尔自治区库车县人民法院
    刑事判决书

    (2019)新2923刑初1142号
    公诉机关库车县人民检察院。
    被告人许世平,男,1965年10月24日出生,汉族,住新疆柯坪县。被告人许世平因涉嫌贷款诈骗罪,于2018年9月3日被库车县公安局刑事拘留,同年10月3日被逮捕。现羁押于库车县看守所。
    辩护人袁世东,新疆制衡律师事务所律师。
    被告人尹海岩,男,1973年7月8日出生,汉族,住新疆库车县。被告人尹海岩因涉嫌违法发放贷款罪,于2018年11月10日被库车县公安局刑事拘留,同年11月19日被逮捕。现羁押于库车县看守所。
    辩护人史晓燕,新疆典赞律师事务所律师。
    辩护人罗勇,新疆典赞律师事务所律师。
    被告人陈雯,女,1985年9月10日出生,汉族,住库车县。被告人陈雯因涉嫌违法发放贷款罪,于2018年11月10日被库车县公安局刑事拘留,同年11月20日被库车县公安局取保候审,2019年5月16日被本院决定取保候审。
    库车县人民检察院以库检公诉刑诉(2019)1090号起诉书指控被告人许世平涉嫌贷款诈骗罪,被告人尹海岩、陈雯涉嫌违法发放贷款罪,于2019年5月16日向本院提起公诉,本院依法组成合议庭,公开开庭审理了本案。库车县人民检察院检察员朱晓文、郭保才出庭支持公诉,被告人许世平及其辩护人袁世东,被告人尹海岩及其辩护人史晓燕,被告人陈雯到庭参加了诉讼。现已审理终结。
    库车县人民检察院指控,2015年3月期间,被告人许世平联系到××县银行副行长尹海岩,向尹海岩提出贷款要求,尹海岩明知许世平不符合库车县国民村镇银行贷款条件,但其违反国家有关规定,积极为许世平办理贷款,找到与其任职银行有贷款业务的库车县亿丰农资有限责任公司负责人李某和会计王某,要求其二人帮许世平冒名贷款,并指使该银行小微企业贷款业务部副总经理陈雯为许世平办理具体贷款事宜,在尹海岩的授意下,陈雯等人编造由王某以生产经营购买磷酸二铵为借款用途的借款人,许世平以其位于温宿县依希来木其乡1200亩土地承包合同做抵押,于2015年4月3日从库车县国民村镇银行贷款200万元。2015年4月7日、4月14日,王某根据陈雯的要求,将195万元贷款转账给许世平持有的银行卡内,该195万元贷款大部分被许世平用于偿还个人债务,许世平仅支付利息134021.34元,剩余贷款未偿还,给银行造成本金200万元及剩余利息损失。
    针对上述指控公诉机关出示了书证、证人证言、被告人供述与辩解、勘验、检查、辨认笔录等证据,认为被告人许世平的行为触犯了《中华人民共和国刑法》第一百九十三条之规定,对被告人许世平应当以贷款诈骗罪追究其刑事责任。被告人尹海岩、陈雯的行为触犯了《中华人民共和国刑法》第一百八十六条之规定,对被告人尹海岩、陈雯应当以违法发放贷款罪追究其刑事责任。根据《中华人民共和国刑事诉讼法》第一百七十六条第一款的规定,提起公诉,请求判处。
    被告人许世平辩称,对起诉书指控的犯罪事实和罪名无异议。
    其辩护人袁世东提出如下辩护意见,1、被告人许世平归案后具有坦白情节,认罪态度好,在庭前与公诉机关达成认罪认罚具结悔过协议,应依法减轻处罚;2、在客观方面,被告人许世平巨额债务来源于非法高利贷的债台,其本人是非法高利贷借款的直接受害人,许世平虽有用钱需求,但具体贷款方案及相关资料并非其本人虚构编造;3、被告人许世平系首犯、初犯。综上,建议对被告人许世平减轻量刑。
    被告人尹海岩辩称,对罪名无异议,对事实需要补充,1、2015年3月我和许世平还不认识,是经许世平的小舅子介绍认识的。2、我并没有积极为许世平办理贷款,是许世平的小舅子多次找我,我才办的,银行有贷款任务指标,我是在担保物足值的情况下办理的。3、我只是联系了李某,我不认识王某,我没有直接和王某见面。4、冒名贷款用词不准确,应该用借名贷款,许世平和王某都是知情的。5、王某和李某说的事实不相符,借款人用于什么用途我不知情,具体操作我也干涉不了。6、当时我们是按照银行的程序进行调查,当地政府和许世平共同欺骗银行和我,我也是受害者,土地作为确权的材料,乡政府负有责任,我们银行只是审核材料,我们银行没有辨别真伪的权利。
    其辩护人史晓燕提出如下辩护意见,1、被告人尹海岩的行为不违反相关法律规定,本案缺乏事实和法律依据;2、虽然辩护人认为被告人尹海岩不够成犯罪,但被告人尹海岩自己认罪。被告人尹海岩和陈雯在案件中所起的作用和行为,无法区分主从犯。被告人尹海岩存在自首情节,因此建议在一年半基准刑基础上量刑并适用缓刑。
    被告人陈雯辩称,对指控的犯罪事实和罪名无异议,关于是否受益,报告是杜某写的,尹海岩安排我,我才照做的,尹海岩是受益的。
    经审理查明,公诉机关指控被告人许世平犯贷款诈骗罪,被告人尹海岩、陈雯犯违法发放贷款罪的事实清楚,证据确实充分,并经当庭质证,本院予以确认。
    上述事实有以下经过庭审质证的证据予以证实:
    第一组证据:书证。
    (1)受案登记表、立案决定书。
    证实:本案受理、立案经过。
    (2)被告人许世平常住人口信息、在逃人员登记表、到案经过。
    证实:被告人许世平个人基本情况;许世平因涉嫌贷款诈骗于2018年7月5日被网上追逃,2018年9月3日,许世平被库车县公安局抓获归案的事实。
    (3)被告人尹海岩常住人口信息、到案经过。
    证实:2018年11月9日,被告人尹海岩主动到案接受调查及其个人基本情况的事实。
    (4)被告人陈雯常住人口信息、到案经过。
    证实:2018年11月12日,被告人陈雯主动到案接受调查及其个人基本情况的事实。
    (5)接受证据材料清单、经过说明。
    证实:接收内有李某和陈雯、尹海岩通话录音的光盘一张及许世平书写案件经过的事实。
    (6)营业执照、金融许可证、法定代表人身份证明书。
    证实:库车县国民村镇银行资质及其法定代表人身份的事实。
    (7)小微企业贷款业务部及三农贷款业务部范围。
    证实:小微企业贷款业务部及三农贷款业务部的业务范围的事实。
    (8)库车国民村镇银行有限责任公司文件。
    证实:关于任命尹海岩为库车国民村镇银行副行长及分管综合管理部、风险管理及稽审部、小微企业贷款业务部和华能支行的事实。
    (9)阿克苏监管分局文件。
    证实:阿克苏监管分局关于尹海岩任职库车国民村镇银行副行长资格的批复的事实。
    (10)库车国民村镇银行董事会决议。
    证实:董事会通过关于选举尹海岩为库车国民村镇银行副行长的事实。
    (11)劳动合同书。
    证实:2013年7月1日,库车国民村镇银行与陈雯签订劳动合同的事实。
    (12)库车国民村镇银行有限责任公司文件。
    证实:关于任命陈雯为库车国民村镇银行业务发展部临时负责人、小微企业贷款业务部副总经理、华能支行行长的事实。
    (13)王某利息清单明细。
    证实:截止2018年9月2日借款人王某应偿付库车县国民村镇银行贷款本金200万元,利息1021750.16元,已付利息134021.34元。尚欠库车县国民村镇银行贷款本金200万元整,利息887728.82元的事实。
    (14)接受证据材料清单、授权委托书。
    证实:黄某1受委托接收王某的贷款资料及王某的银行交易明细的事实。
    (15)库车国民村镇银行个人客户信贷资料、借款借据、还款计划书、自然人信贷业务客户资料目录清单。
    证实:王某向库车国民村镇银行贷款200万元的事实。
    (16)自然人第三方抵押信贷调查报告。
    证实:借款人王某因购买磷酸二铵,自有资金不足,向库车国民村镇银行贷款200万元,此笔贷款由许世平位于温宿县依希来木其乡1200亩土地承包经营权抵押担保的事实。
    (17)库车国民村镇银行储蓄存款凭证复印件、账户明细。
    证实:2015年4月7日,王某库车国民村镇银行营业部账号向黄某2中国银行阿克苏分行账号转账95万元的事实;2015年4月7日,王某库车国民村镇银行营业部账号向黄丽梅中国农业银行阿克苏分行账号转账95万元的事实;2015年4月14日,王某账号向黄丽梅中国农业银行阿克苏分行账号转账100万元的事实;2016年1月4日,李某向王某转账43763.89元的事实。
    (18)调取证据通知书。
    证实:库车县公安局向库车县农业银行调取黄丽梅在2015年4月15日交易80万元的相关资料及其2015年3月以来交易明细的事实。
    (19)个人账户交易明细表。
    证实:2015年4月7日库车国民村镇银行有限责任公司向王某转账95万元及2015年4月14日库车国民村镇银行有限责任公司向王某转账100万元的事实。
    (20)库车国民村镇银行营业部对私账户明细、库车国民村镇银行储蓄存款凭条。
    证实:王某向库车国民村镇银行转账偿还贷款利息的事实。
    (21)数据提取截图2张。
    证实:2015年4月2日,李某在库车县农村信用合作联社天山东路信用社账号向王某账户转账200万元的事实。
    (22)发还清单1份。
    证实:2018年12月5日,黄某2向库车国民村镇银行退还8万元的事实。
    (23)2013年7月14日,温宿县农村信用联社与温宿县振兴农场(法定代表人许世平)签订金额为400万元、借款期限为3年的流动资金借款合同1份、农村信用社借款抵押合同1份、温宿县依希来木乡果园承包合同书1份、温宿县人民法院民事调解书1份。各地方法院对许世平下的法律文书。
    证实:多份法律文书证实许世平有2000万元左右的债务。
    第二组证据:证人证言
    (1)证人黄某1证言。
    证实:①因许世平不符合贷款主体资格要求,在尹行长职权的干涉下,王某以购买磷酸二铵资金不足为由骗取贷款,以许世平名下1200亩土地承包经营权作为抵押,采用“借户贷款”的方式,以王某的名义向库车国民村镇银行贷款200万元,库车国民村镇银行向王某发放200万信贷资金,该资金实际由许世平使用。贷款到期后,许世平、王某并未及时归还贷款本息的事实;②库车国民村镇银行起诉至库车县法院,判决生效后申请强制执行,经核查王某并无可供执行的财产,经对抵押土地进行调查发现许世平名下1200亩土地承包经营权因多重抵押,抵押物被其余债权人分割,库车国民村镇银行未参与分配的事实。③黄某1陈述按照要求大额的贷款发放要采用受托支付的方式,王某的贷款下来以后,王某与库车国民村镇银行签订委托支付协议,委托受托支付账户库车国民村镇银行将贷款发放至约定的账户云南云天化股份有限公司账户,之后李某将200万元转入王某的银行卡,这中间应该是为了倒账的事实。
    (2)证人王某证言。
    证实:①库车国民村镇银行副行长尹海岩和贷款部业务经理陈雯让王某办理的一笔贷款金额为200万元的借名贷款,该款以许世平名下1200亩土地承包经营权作为抵押,其实际使用人是许世平的事实;②王某按照陈雯经理的吩咐将95万和100万分两次转入黄丽梅的账户中,剩余5万作为第一季度的利息留在王某卡里,前后还了三个季度的利息,每个季度利息都是43763.89元,没有偿还本金的事实。③在第四季度利息没有按时偿还的情况下,王某得知许世平的承包地已被别的银行执行,遂通过法院仲裁手段把贷款的债权仲裁到许世平名下的事实。④据王某陈述按照银行的规定200万的贷款要走受托支付的方式,先受托支付到云南云天化股份有限公司,因为云南云天化股份有限公司和李某的公司有长期的业务往来,当时李某公司确实要向云南云天化股份有限公司购买化肥,就用该200万元购买化肥了,之后李某从他自己的银行卡又给王某的账号转去200万元的事实;⑤贷款的发放流程是尹海岩安排的,为了确保贷款用途真实,上级检查时不被发现。⑥以王某名义贷的200万元打到云天化公司,是为了倒账,公司不需要这笔贷款,200万元贷款和货物没有关系。
    (3)证人李某证言。
    证实:①库车县国民村镇银行以王某的名义帮许世平办理了200万元的借名贷款,该款项以许世平名下1200亩土地承包经营权作为抵押且借款第三季度的利息由李某垫付4万余元的事实。②李某提供内有李某、陈雯和尹海岩通话录音的光盘,内容反映的是:许世平贷款的事情,尹海岩会负责到底,如果许世平还不上,他会自己还掉的事实。③尹海岩、陈雯让李某帮忙贷款,因李某本身有贷款,无法再贷款,是以王某名义贷款200万元,实际使用人是许世平,是尹海岩出的主意安排王某贷的款,贷款要走对公账户所以王某200万贷款打给云天化公司,是为了倒账,200万元货物跟贷款无关,不存在买200万货的问题。
    (4)证人杜某证言。
    证实:①王某以许世平的1200亩土地承包经营权作为抵押,在库车国民村镇银行贷款200万元,目前已还三个季度的利息,未偿还本金的事实;②2016年2月份,库车国民村镇银行将王某和许世平起诉至库车法院,法院判决由许世平偿还200万元及利息并对许世平抵押土地进行调查发现其名下1200亩土地承包经营权已进行多重抵押的事实。
    (5)证人张某证言。
    证实:①王某在库车国民村镇银行贷款提交的纸质资料是张某进行审查的,资料中反映的贷款人是王某,担保人是许世平,且许世平用他位于温宿的承包土地做抵押,资料中的各项信息完善,符合贷款条件的事实;②张某在资料审核过程中并不知晓该笔贷款的实际使用人是许世平的事实;③王某的这笔贷款属于小微企业贷款业务部的贷款,小微企业贷款业务部负责人是尹海岩的事实。
    (6)证人庄某证言。
    证实:①庄某陈述库车国民村镇银行的小微企业部、农贷部和信贷部的关系及贷款的调查、审批和发放流程的事实;②庄某在贷款发放的时候,不知道该笔贷款的实际使用人是许世平且明确表态像这种冒名贷款如果贷审会成员提前知道是不可能通过贷审会的事实。
    (7)证人黄某2证言。
    证实:①黄某2在××县银行贷款200万元的事情中牵线搭桥的事实;②黄某2在许世平贷款放下来之后向他借过8万元用于父亲看病,至今未还的事实。
    第四组证据:被告人的供述与辩解。
    (1)被告人许世平供述:
    证实:①许世平通过欺骗彭建军乡长其之前用地抵押的贷款全部还清,再次将1200亩土地用于抵押贷款并将贷款的200万用于还账和日常开支的事实;②许世平在库车国民村镇银行贷款之前,已将1200亩果园地多次、重复抵押给他人借款的事实;③2015年8月份,因许世平在温宿县人民法院的民事案件需要执行其抵押财产,该1200亩果园地被许世平的其余债权人分割,期间没有给库车国民村镇银行通知,导致至今未还库车国民村镇银行的200万元贷款的事实。贷款下来之后,库车国民村镇银行先打款给王某,王某分95万和100万,两次转入许世平的女友黄丽梅的账户中,剩余5万作为第一季度的利息,第二季度利息是尹海岩偿还的,第三季度利息是李某偿还的,至今没有偿还本金的事实;在从库车国民村镇银行贷款之前,许世平用土地抵押贷款有1000多万,尚欠外债500万左右的事实;许世平和陈雯在办理贷款业务时并不知道王某是借款人,许世平是担保人的事实。
    (2)被告人尹海岩供述:
    证实:①许世平向库车国民村镇银行抵押土地,以王某的名义贷款200万元,该笔贷款的发放存在借名贷款,这笔贷款的办理是尹海岩安排的事实;②尹海岩在该笔贷款上贷审会的时候没有给其他贷审会成员说过借款人是王某,实际使用人是许世平的事实。尹海岩在担任库车国民村镇银行副行长期间,与陈雯和杜某一起参与违法发放贷款的事实,且尹海岩在发放这笔贷款中并未收受贿赂的事实。③尹海岩为了完成业务指标安排陈雯等人帮助许世平从国民村镇银行贷款且愿意将其在银行的股本金45万元作为未来银行取得的收益来赔偿的事实。
    (3)被告人陈雯供述。
    证实:①陈雯按照尹海岩的安排用许世平土地作为抵押,以王某的名义办理200万贷款的事实;知道这笔贷款是借名贷款,贷款的实际贷款人是许世平,不是王某的事实。
    第四组证据:勘验、检查、辨认等笔录。
    证实:本案被害人对被告人的辨认等事实。
    上述证据来源合法、内容客观、真实,并能相互印证,本院予以确认。
    本院认为,被告人许世平以非法占有为目的,明知自己没有还款能力,隐瞒其身负巨额债务和抵押物已多次抵押给他人的真相,超出抵押物价值重复担保,诈骗银行贷款,用于偿还债务,数额特别巨大,其行为触犯了《中华人民共和国刑法》第一百九十三条之规定,已构成贷款诈骗罪。库车县人民检察院指控被告人许世平犯罪事实清楚,证据确实充分,指控罪名成立,本院予以支持。鉴于被告人许世平具有坦白情节,自愿认罪,本院依法对其从轻处罚。
    被告人尹海岩、陈雯身为库车县国民村镇银行的副行长、信贷部副经理,明知许世平不符合贷款条件,仍然违反国家规定发放贷款,数额巨大,给银行造成重大损失,其行为触犯了《中华人民共和国刑法》第一百八十六条之规定,已构成违法发放贷款罪。库车县人民检察院指控被告人尹海岩、陈雯犯罪事实清楚,证据确实充分,指控罪名成立,本院予以支持。鉴于被告人尹海岩、陈雯经电话传唤到案后如实供述犯罪事实,系自首,本院依法对其从轻处罚。被告人陈雯受尹海岩授意实施了违法发放贷款的具体行为,在本案中所起的作用较小,本院酌情对其从轻处罚。
    综上,依照《中华人民共和国刑法》第一百九十三条、第一百八十六条、第七十二条、第七十三条、第六十七条第一款、第六十七条第三款、第六十四条之规定,判决如下:
    一、被告人许世平犯贷款诈骗罪,判处有期徒刑十一年,并处罚金人民币100000元。
    (刑期从判决执行之日起计算。判决执行以前先行羁押的,羁押一日折抵刑期一日,即自2018年9月3日起至2029年9月2日止。罚金于判决生效之日起十五日内缴纳。)
    二、被告人尹海岩犯违法发放贷款罪,判处有期徒刑二年,并处罚金人民币50000元。
    (刑期从判决执行之日起计算。判决执行以前先行羁押的,羁押一日折抵刑期一日,即自2018年11月10日起至2020年11月9日止。罚金于判决生效之日起十五日内缴纳。)
    三、被告人陈雯犯违法发放贷款罪,判处有期徒刑一年零六个月,缓刑二年,并处罚金人民币40000元。
    (缓刑考验期,从判决确定之日起计算。罚金于判决生效之日起十五日内缴纳。)
    四、对被告人许世平贷款诈骗所得2000000元及应付利息887728.82元(利息截止:2018年9月2日)予以追缴,返还被害人。
    如不服本判决,可在接到判决书的第二日起十日内,通过本院或者直接向阿克苏地区中级人民法院提出上诉。书面上诉的,应当提交上诉状正本一份、副本六份。

    审 判 长 冀俊齐
    审 判 员 米晓玲
    审 判 员 蒋 梅
    人民陪审员 赵永胜
    人民陪审员 田颜平
    人民陪审员 熊小娟
    人民陪审员 刘 玲
    二〇一九年十二月三日
    书 记 员 陈广杰

  • Centre’s financial stimulus “not sufficient”: Former RBI Governor Duvvuri Subbarao. “In fact, the government needs to spend more. And spend more on three things. The first item of expenditure is to enlarge and expand the livelihood support,” Subbarao said

    Maintaining that the combined fiscal deficit of the Centre and states may go up to 13-14 per cent this fiscal, former RBI Governor Duvvuri Subbarao on Sunday said the financial stimulus announced by the Centre on March 26 on account of lockdown to contain spread of Covid-19, is “not sufficient”.

    Speaking at a webinar titled “The Challenge of the Corona Crisis – Economic Dimensions”, organised by the city-based Manthan Foundation, Subbarao said the Centre needs to cap its borrowings as the open-ended borrowings will have negative consequences such as pushing interest rates high.

    “The government announced the fiscal support package of 0.8 per cent of the GDP. Is that sufficient? No, it is not sufficient when it was announced on March 26. It looks even lesser now. In fact, the government needs to spend more. And spend more on three things. The first item of expenditure is to enlarge and expand the livelihood support,” Subbarao said.

    He said that since March 24, when the lockdown was imposed nationwide, millions of households have become vulnerable and therefore livelihood support has to be extended to many more families as most of their savings have dried up.

    “The government needs to cover more households, give more per household and give for much longer per household. That is the first challenge on the government expenditure,” he said.

    The Finance Ministry unveiled a Rs 1.70 lakh crore economic package on March 26 involving free food grain and cooking gas for the poor for the next three months.

    Subbarao said it is quite clear that the government needs to spend more as it is a moral and political imperative. In order to spend more, the government needs to borrow more. He said he disagreed with the view that since this is an extraordinary and unusual crisis, therefore the government should not tie itself by setting up borrowing limits.

    “The combined fiscal deficit of the centre and state governments for this fiscal year as budgeted is 6.5 per cent of the GDP. Because of the loss of revenue on account of the lockdown, because of the decline in the nominal GDP on account of the lockdown, the fiscal deficit will go beyond 10 per cent of the GDP. The additional borrowings will now take the fiscal deficit to the range of 13 to 14 per cent of the GDP. That is exceedingly high and will have all the negative consequences of high fiscal deficit,” he opined.

    According to him, the domestic financial sector, which is under deep stress, will be under “deeper stress” by the time the Covid-19 crisis ends, though he sees some silver linings in the situation such as plummeting crude prices and bumper agri-yield.

    Stressing that the world has to live with coronavirus for some time, Subbarao said both centre and states are working in tandem to contain the pandemic.

    “The dilemma (of lives and livelihood) is the sharpest for India, given our weak medical infrastructure and high population density. Any gaps in prevention can mean loss of millions of lives. On the other hand, a stringent lockdown to control the pandemic can mean millions of livelihoods. This is a very difficult balancing act. Particularly for India, as our economy is in bad shape, Subbarao said.

  • Concerns grow over Korean banks’ future prospects. Experts insist banks must comply with gov’t request in crisis

    Commercial banks here are raising their voices against what they consider “near-sighted” financial policies by the government, as the authorities demand lenders cooperate with strong sets of pump-priming measures to prop up the virus-hit economy.

    Officials from major Korean lenders said the government needs to take a longer-term viewpoint when devising financial policies even amid the global economic crisis sparked by the COVID-19 pandemic.

    Even if top-tier lenders here reported relatively decent earnings in the first quarter of 2020, they may continue being exposed to concerns over their asset soundness if the government keeps introducing stimulus packages at the cost of the financial institutions, a top-ranking official from one of the nation’s major commercial banks said.

    “Despite the better-than-expected first-quarter earnings, we still have a sense of concern due to the government’s short-sighted financial policies under which lenders have to offer more loans to the self-employed and allow individual investors to pay their interest rates later,” the official said.

    Starting from as early as 2021, most lenders here are expected to suffer earnings shocks following the government’s makeshift stimulus measures, he noted.

    Global ratings companies ― such as Moody’s and Fitch Ratings ― have expressed similar concerns over the lenders.

    “Fitch Ratings’ assessment of intrinsic creditworthiness of Korea’s four large commercial banks has turned negative due to mounting pressure on the banks’ operating environment, asset quality and profitability that stems from the severe disruption to economic activities globally in the wake of the coronavirus pandemic,” the ratings firm said in a statement Monday.

    “As a result, Fitch has revised the rating outlooks on KB Kookmin Bank and Shinhan Bank to ‘Negative’ from ‘Stable,’” it said.

    Fitch also pointed out that the negative outlook came as the lenders’ creditworthiness would be put under “mounting pressure” over the next two years due to measures to contain the coronavirus outbreak here.

    Cooperation amid crisis

    But economists here are urging the lenders to “stop whining about” the government’s call to comply with its market stimulus drive.

    “The coronavirus-induced economic shock was unexpected, so it is natural for the government to take what might seem immature financial policies to take care of urgent problems one by one, which cannot satisfy all interested parties,” DB Financial Investment economist Lee Byung-gun said.

    On top of that, the status quo is not something limited to Korea, according to the analyst.

    “Most financial organizations ― such as banks ― in most developed nations are eager to join their governments’ stimulus measures to tackle the crisis,” he said.

    “This is not a matter of unilateral sacrifice from the commercial banks,” he said. “Lenders can get back what they offered ― such as loans ― sometime later. They may not welcome the government’s movement, as this may have put a brake on their business plans, but my view is that they need to join hands with the authorities in this unexpected crisis.”

    Yonsei University economist Sung Tae-yoon said the government, for its part, should also play a proper “mediating role” between virus-hit parties and banks.

    “The financial authorities are advised to offer an incentive package to lenders … after the virus panic ends,” he said.

    “Any one-sided demand is not desirable even in a time of crisis, as commercial banks are not state-run organizations, but companies with shareholders,” he said.

  • Wall Street banks face $100m of losses on Las Vegas deal

    A group of four banks led by Citigroup faces a loss of nearly $ 100 million after selling part of a loan guaranteed by two Las Vegas casinos, a sign that the banks are eager to dispose of the assets affected by the pandemic, even with big discounts.
    Citi, Deutsche Bank, Barclays and Societe Generale loaned $ 3 billion to MGM Growth Properties – owner of MGM Grand and Mandalay Bay casinos on the famous Las Vegas Strip – in February, shortly after MGM sold 49.9 % ownership of properties in Blackstone, according to regulatory filings.

    The four banks intended to use the loan to support a $ 1.9 billion deal in the commercial mortgage-backed securities market, but a strong sale triggered by the Covid-19 epidemic shocked these plans, according to people familiar with the agreement.

    Instead, banks sold the two lowest-rated tranches of a revised deal to investors with a big discount this week.

    The triple B-rated debt tranche priced at 83 cents on the dollar while the riskier, double-rated B tranche only returned 77 cents, according to people. Together, the tranches amounted to $ 534 million. This equates to a loss to the banks of approximately $ 99 million on the face value of the debt.

    Citi has written 40% of the original loan on its balance sheet, while the other banks have each taken a 20% share, according to two people familiar with the arrangement.

    Banks still have close to $ 2.5 billion of original loan on their balance sheet and hope to sell the highest rated tranches of the CMBS deal once markets stabilize and economic conditions improve, said people familiar with the plans.

    The lowest rated CMBS tranches are generally sold at a discount, offset by a premium received on the highest rated tranches. But investors and those involved in the MGM deal said the banks’ chances of recovering the total amount lost during this week’s sale are slim.

    “At this point, the loan was made, so the damage was done,” said a banker involved in the transaction.

    The bankers also noted that the original loan may have been hedged to offset the risk of a fall in value, but did not provide further details.

  • Wells Fargo on Tuesday disclosed that federal and state authorities are investigating its lending practices under a key small business relief effort to combat the economic damage from the novel coronavirus

    Wells Fargo on Tuesday disclosed that federal and state authorities are investigating its lending practices under a key small business relief effort to combat the economic damage from the novel coronavirus.

    Wells Fargo did not offer details on the probes, saying only that government agencies are looking into loans it made through the government’s $660 billion Paycheck Protection Program, or PPP, which offers forgivable 1% interest loans to businesses with fewer than 500 workers. The banking giant also said that some of the inquires have progressed to the formal stage. Wells Fargo made the disclosure in its quarterly earnings filing with the Securities and Exchange Commission.

    Wells Fargo has come under fire for its limited participation in the government’s small business relief program. Just days after the program launched last month, the company announced it would no longer accept applications, in part because the Federal Reserve had capped how many loans it could make as punishment for past banking practices.

    The U.S. central bank in 2018 limited the amount of loans Wells Fargo can make after the bank was earlier revealed to have created millions of phony accounts, as well as committed a string of other consumer abuses.

    At the time of the PPP’s launch, Wells Fargo said it would limit the amount of money it loaned through the program to $10 billion and that it would lend only to companies with fewer than 50 employees or to non-profits.

    A few days later the Fed announced it was lifting Wells Fargo’s lending cap to accommodate more PPP lending, and Wells Fargo said it would resume issuing loans under the program.

    A number of big banks have been accused of putting larger businesses ahead of smaller firms in order to boost their profits from administering PPP loans. Over 220 public companies have disclosed receiving PPP loans, including well known public companies like Shake Shack and AutoNation. The latter two and others later returned or canceled the funding amid public outrage that money from the small business program was going to larger businesses with other financing options.

    In mid-April, CBS MoneyWatch reported that JPMorgan Chase had made a number of the largest PPP loans. Wells Fargo is the only big bank so far to disclose that its participation in the program is under investigation.

  • Big Banks Are Facing Their First Major Test Since the Financial Crisis

    This is crunch time for the big U.S. banks.

    They have steadily taken market share from their smaller brethren over the past decade and built large capital cushions with record earnings. Now, they must navigate an unprecedented period of economic stress while servicing—and showing leniency toward—hard-hit businesses and consumers.

    The banks say they have never been better prepared. Investors, however, are worried about whether they can deliver and get past the crisis without being swamped by bad loans.

    The sector has been hammered lately. The shares of the six top institutions— Bank of America (ticker: BAC), Citigroup (C), Goldman Sachs Group (GS), JPMorgan Chase (JPM), Morgan Stanley (MS), and Wells Fargo (WFC)—were down an average of 15% last week and 40% for the year. With banks amounting to leveraged plays on a reeling economy, the market setback is understandable.

    Plenty of risk remains. There is uncertainty about what kind of action the government or banks may take to help borrowers, such as forgiveness of interest, fee waivers, or suspension of debt payments—and what effect that will have on profits.

    The standard investor playbook is to avoid banks when the economy is going into recession—especially one whose depth and duration is especially hard to predict. The 2008-09 downturn was centered in the housing market, while the current crisis appears to be hitting nearly everything at once.

    And many investors would rather stick with safer sectors such as technology (where many companies sit on big cash positions), pharmaceuticals, consumer staples, and electric utilities.

    Nonetheless, the big bank stocks look appealing.

    “In the financial crisis, banks were part of the problem,” says Michael Mayo, the banking analyst at Wells Fargo. “Now, they can be part of the solution. They spent the past decade preparing for a time like now, so they can act as a source of strength for the economy.”

    To appreciate the banks, investors may have to rely on a traditional value measure—tangible book value—rather than earnings, which are likely to come under pressure for a quarter or two as loan-loss reserves surely increase. Published 2020 earnings estimates for banks are probably too high.

    JPMorgan trading on Friday at $86, was at 1.4 times tangible book, and Bank of America, at $21, was at 1.1 tangible book. The other four fell below tangible book: Goldman, at $142, and Citigroup, at $39, fetched 70% and 55% of tangible book, respectively.

    Tangible book is a conservative measure of shareholder equity that excludes goodwill and other intangibles and has often proved to be a floor under bank stocks.

    Mayo says investors need to set aside their wariness of the banks. “It’s night and day versus the financial crisis,” he says. “Bank balance sheets were weak, and now they’re strong. The degree of resiliency is underappreciated. I would be shocked if one of the top 10 banks needs to raise equity or cut its dividend.”

    Mayo favors JPMorgan, Bank of America, U.S. Bancorp (USB), and PNC Financial Services Group (PNC), the latter pair being among the highest-quality regional banks. JPMorgan has a diversified base of consumer and commercial lending, high net-worth wealth management, and investment banking. It has produced some of the industry’s best returns and has the best management team, led by CEO Jamie Dimon, who is recuperating from heart surgery.

    Bank of America has transformed itself into the country’s top consumer and commercial bank in the past decade under CEO Brian Moynihan, who has espoused what he calls “responsible growth.” The bank has had the lowest loan losses among its peers, reflecting a know-your-customer consumer-loan strategy geared toward high-quality borrowers.

    “We are here to be part of the solution,” Bank of America Chief Financial Officer Paul Donofrio told Barron’s. “We’re a haven for consumers and businesses to deposit their money or keep their investments. We see ourselves as a conduit to economic activity in a time like this. For existing clients who want flexibility, we will work with them. That’s our job, and we’re in a position to do it.”

    Testing the Banks

    How the big U.S. banks stack up now and how their earnings could be affected by the current crisis.

    Bank / TickerRecent PriceYTD Change2020E EPSStressed 2020E EPS2020E P/EStressed 2020E P/EPrice/Tangible BookDividend YieldMarket Value (bil)
    Bank of America / BAC$20.01-43%$2.96$0.716.828.21.03.6%$174.6
    Citigroup / C34.67-578.554.874.17.10.55.972.7
    Goldman Sachs Group / GS142.20-3824.0515.475.99.20.73.551.2
    JPMorgan Chase / JPM85.60-3910.763.848.022.21.44.2263.1
    Morgan Stanley / MS30.41-415.313.075.79.90.84.646.6
    Wells Fargo / WFC28.15-483.981.777.115.90.87.3115.1
    Regionals
    Comerica / CMA$29.68-59%$6.013.924.97.60.69.2%$4.2
    M&T Bank / MTB106.74-3713.3810.268.010.41.44.113.9
    PNC Financial Services Gp / PNC88.47-4511.465.287.716.71.15.237.9
    U.S. Bancorp / USB33.32-444.272.207.815.21.45.050.7

    Data as of 3/19/20; E=Estimate

    Sources: Bloomberg; Barclays; company reports

    Goldman Sachs and Morgan Stanley have less lending exposure than peers, since they tilt more toward banking, trading, investment banking, and asset and wealth management. Their business mix could limit the downside in their shares from currently depressed levels.

    The regional banks have been hit even harder than the largest banks, with some down over 50% this year, because of their exposure to hard-hit small and midsize businesses as well as energy.

    Yet both U.S. Bancorp and PNC have less exposure to energy relative to some peers. Mayo upgraded both stocks last week to Overweight. Of PNC, he wrote that its “risk profile is lower, making it a go-to bank in times of trouble, as it was during the financial crisis of 2008.” PNC also has a valuable stake in behemoth asset manager BlackRock (BLK) that is worth about 35% of its market value.

    U.S. Bancorp has a diversified model and gets only about half of its profits from traditional banking, with the rest from businesses such as payment processing and wealth management. It has historically been viewed as the highest-quality big regional.

  • Mỹ phạt ngân hàng lớn nhất Israel gần 900 triệu USD vì trốn thuế

    Ngân hàng lớn nhất Israel Hapoalim đã bị Mỹ phạt gần 875 triệu USD vì đã che giấu 7,6 tỷ USD tài sản chưa được khai báo trong các tài khoản của Thụy Sĩ và Israel.

    Đây là một trong những mức phạt lớn nhất được áp dụng trong cuộc điều tra trốn thuế kéo dài của Mỹ vào hệ thống ngân hàng Thụy Sĩ.

    Hapoalim cũng bị Bộ Tư pháp Mỹ (DoJ) phạt thêm 30 triệu USD vì tội đưa hối lộ liên quan đến hành vi tham nhũng tại Liên đoàn bóng đá thế giới (FIFA), có trụ sở tại Zurich, Thụy Sĩ.

    Trong một tuyên bố riêng được thông báo ngày 1/5, Hapoalim cũng thừa nhận đã rửa hơn 20 triệu USD tiền hối lộ cho các quan chức bóng đá hàng đầu thế giới.

    Chi nhánh ngân hàng này tại Thụy Sĩ đã tham gia vào kế hoạch khởi động từ tháng 12/2010 đến tháng 2/2015.

    Tiền hối lộ được trả bởi một loạt đối tượng bao gồm một công ty tiếp thị thể thao để thao túng việc trao quyền phát sóng các giải đấu bóng đá thế giới FIFA World Cup.

    Trong vụ trốn thuế, ngân hàng lớn nhất của Israel và công ty con ở Thụy Sĩ đã thừa nhận không chỉ che giấu mà còn tích cực hỗ trợ khách hàng Mỹ lập tài khoản bí mật, che dấu tài sản, thu nhập và trốn thuế.

    Theo DoJ, vụ vi phạm diễn ra từ năm 2002 đến 2014, liên quan đến hơn 5.500 tài khoản.

    Ít nhất 4 giám đốc điều hành cấp cao của nhóm ngân hàng, bao gồm hai thành viên hội đồng quản trị của chi nhánh Thụy Sĩ, đã tích cực hỗ trợ âm mưu này.

    DoJ cảnh báo có thể đưa ra các quyết định dân sự hoặc hình sự hơn nữa đối với các cá nhân.

    DoJ đã trì hoãn việc truy tố hình sự Hapoalim trong 3 năm với điều kiện phải hợp tác với các cuộc điều tra tiếp theo về các hoạt động của Hapoalim cho đến đầu năm 2019.

    Đây là một phần của thỏa thuận, theo đó ngân hàng này sẽ trả cho Kho bạc Mỹ, Cục Dự trữ Liên bang, Cơ quan Dịch vụ Tài chính của Tiểu bang New York và Chính phủ Mỹ không truy tố ngân hàng trong 3 năm.

    Các ngân hàng Thụy Sĩ, bao gồm các chi nhánh của các ngân hàng nước ngoài ở Thụy Sĩ, đã bị DoJ điều tra kể từ khi ngân hàng lớn nhất Thụy Sĩ là UBS bị phạt 780 triệu USD trong năm 2009 vì hỗ trợ những người trốn thuế.

    Cuộc điều tra, liên quan đến khoảng 100 ngân hàng, đã dẫn đến việc chấm dứt “bí mật” ngành ngân hàng Thụy Sĩ.

    Hapoalim là một trong số ít các ngân hàng còn lại bị điều tra. Ngân hàng lớn nhất Israel đã chịu một trong những khoản tiền phạt lớn nhất mặc dù vẫn ít hơn nhiều so với mức phạt hơn 2,5 tỷ USD áp dụng đối với ngân hàng Credit Suisse của Thụy Sĩ vào năm 2014.

    Vào tháng 9/2017, Hapoalim cho biết sẽ kết thúc các hoạt động với ngân hàng Thụy Sĩ và chuyển khách hàng sang một ngân hàng khác./.

  • BI injects $32.7b into financial system as rupiah strengthens

    Bank Indonesia (BI) has injected Rp 503.8 trillion (US$32.7 billion) into banks and the debt market to stabilize the rupiah and help support the government’s financing needs to combat the economic shocks of the COVID-19 pandemic.

    BI Governor Perry Warjiyo said that banks would be obliged to buy government bonds after the central bank freed up Rp 102 trillion in liquidity. Starting May 1, the reserve requirement ratio will be lowered by 200 basis points (bps) for commercial banks and 50 bps for sharia banks.

    BI’s policy to revoke banks’ obligation to fulfil the Intermediary Macroprudential Ratio (RIM) would add another Rp 15.8 trillion of liquidity, said Perry.

    “Fiscal policy will be crucial in channeling these funds into the real economy sector,” Perry told an online media briefing on Wednesday. “These quantitative easing measures taken by the central bank will fuel economic activities.”

    This is in addition to the Rp 386 trillion worth of liquidity freed by the central bank since the beginning of the year to support the country’s crashing currency and boost banks’ liquidity, Perry said.

    The central bank has bought Rp 166.2 trillion worth of government bonds in the secondary market as investors dumped Indonesian assets over fears about COVID-19, resulting in a slump in the value of the rupiah, which depreciated as much as 18.5 percent in early March.

    BI’s repurchase agreements (repos) with banks through government bonds as underlying assets has provided the financial system with Rp 137.1 trillion, while BI’s decision to lower the reserve requirement ratio since the beginning of the year has provided banks with Rp 53 trillion. Furthermore, BI’s monetary operations in the form of foreign exchange swaps has provided Rp 29.7 trillion, according to Perry.

    The rupiah has started to gain against the greenback over the last few weeks, strengthening to Rp 15,394 per US dollar as per 11 a.m. on Wednesday from this year’s low of 16,625 per US dollar, according to Bloomberg data.

    “The volatility of the rupiah is due to technical factors affected by the ongoing conditions,” Perry said, citing the country’s large-scale social restrictions and economic growth projections and other issues as “negative news”. “However, there are also positive factors such as successful bond sales by the government and the strengthening futures market in the US.”

    The central bank regards the current rupiah level as “fundamentally undervalued” and projects the country’s currency to reach Rp 15,000 per US dollar by the end of the year.