It turns out that Schumer didn't merely release "factual information about IndyMac". He leaked partial, incomplete, and
confidential data from a regulatory probe of IndyMac. His leaked letter was
laced with innuendo and suggestions that the bank was immediately going to fail.
In reality, IndyMac wasn't in imminent danger. Deposits had been increasing steadily in the weeks prior to Chuck's bank run. OTS regulators had been monitoring the bank all along, and had concluded that a regulatory takeover wasn't necessary because there was no immediate danger of failing. They had been working with IndyMac and other banks to come up with a buyout that would protect all of IdnyMac's depositors. (A buyout would have been perfectly normal in a case like this, not a "miracle" as shootinstudent claims.)
John Reich, Director of the Office of Thrift Supervision, wrote a letter back to Schumer, trying to beg, plead, or shame Schumer into shutting up. It didn't work.
"As a regulator of insured depository institutions, we do not publicly comment on the financial condition or supervisory activities related to open and operating institutions," Reich wrote. "We believe it is critically important to maintain the confidentiality of examination and supervision information."
He went on: "Dissemination of incomplete or erroneous information can erode public confidence, mislead depositors and investors, and cause unintended consequences, including depositor runs and panic stock trades. Rumors and innuendo cause damage to financial institutions that might not occur otherwise and these concerns drive our strict policy of privacy."
Reich knew that Schumer's comments were going to cause a run that could kill the bank. Schumer had to have known it too. Nobody could be that stupid, least of all a Senator on the banking oversight committee. Schumer leaked his letter because he
wanted IndyMac to fail.
Regulators were aware of the problems with IndyMac and were working with them behind the scenes to find a buyer to take over the bank and prevent any losses to depositors. According to the OTS:
* With limited prospects of maintaining adequate capitalization, IndyMac sought to obtain a significant capital infusion or to find a buyer.
* The pressure on IndyMac required time to be relieved. Negative news coverage and a subsequent deposit run beginning on June 27, 2008 took that time away. The deposit run followed the release of a letter from Senator Charles Schumer to the FDIC and OTS on June 26, 2008. The letter outlined the Senators concerns with IndyMac. The institution did not have sufficient access to liquidity to withstand the deposit run.
IndyMac had a good chance at returning to normalcy, either through recapitalization or a buyout. Either possibility would have protected depositors. By forcing the run when he did, Schumer killed any chance at a positive outcome for IndyMac.
The bottom line is that we know for certain IndyMac wouldn't have failed right now without Schumer's intervention, and we know there was a strong possibility that IndyMac wouldn't have failed at all if not for Schumer's actions. Schumer killed the bank deliberately, by behaving in a manner that was shockingly, reckless, and deliberately negligent.
If there were any justice in the world Schumer would be tarred and feathered for this stunt. Here's to hoping IndyMac shareholders sue the bejeezus out of him.