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SVB Financial Sues FDIC to Recover $1.93B Seized After SVB Takeover

SVB Financial Sues FDIC to Recover $1.93B Seized After SVB Takeover

SVB Financial Group, the former owner of Silicon Valley Bank (SVB), has sued the Federal Deposit Insurance Corporation (FDIC) in a bid to recover $1.93 billion. SVB Financial said the regulator violated US bankruptcy law by retaining the cash after assuming control of SVB’s banking arm earlier this year.

SVB Financial said the FDIC had failed to provide any valid reason why the money should not be returned despite multiple opportunities to do so. The lawsuit, filed in New York, asserts that the FDIC’s refusal to return the funds is hindering restructuring efforts and causing ongoing harm to the company.

“These continuing violations are having a significant impact on the Debtor,” the company wrote in its suit. “The $1.93 billion in Account Funds is the core estate asset. The Debtor’s lack of access to these Account Funds is impeding its ability to reorganize and causing harm to the Debtor on a continuous basis.”

SVB Financial argues that “immediate receipt” of the funds is crucial to its ability to come up with a plan that “maximizes the value of the Debtor’s tax attributes,” and adds that the funds should be generating more than $100 million in annual interest.

The FDIC has not yet provided a response to the lawsuit. The regulator had taken over the assets of SVB in March, which marked the largest bank collapse since the 2008 financial crisis when Washington Mutual faced a similar fate.

SVB Financial is attempting to sell its remaining assets in bankruptcy.

Last week, a US bankruptcy judge allowed the company to sell its investment banking business to a group led by the division’s former CEO, Jeff Leerink, and is backed by funds managed by the Baupost Group.

The deal includes an equity financing of up to $100 million from Baupost along with a $30 million financing commitment from Leerink’s team.

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About Joe Palmisano

Joe Palmisano is Editorial Director for Connect Money, where he brings nearly three decades experience of market insights as a financial journalist, analyst and senior portfolio manager for leading financial publications, advisory firms, and hedge funds. In his role as Editorial Director, Joe is responsible for the selection of content and creation of daily business news covering the financial markets, including Alternative Assets, Direct Investment and Financial Advisory services. Before joining Connect Money, Joe was a financial journalist for the Wall Street Journal, regularly publishing feature stories and trend pieces on the foreign exchange, global fixed income and equity markets. Joe parlayed his experience as a financial journalist into roles as a Senior Research Analyst and Portfolio Manager, writing daily and weekly market analysis and managing a FX and US equity portfolio. Joe was also a contributing writer for industry magazines and publications, including SFO Magazine and the CMT Association. Joe earned a B.S.B.A. in Finance from The American University. He holds the Chartered Market Technician (CMT) designation and is a member of the CFA Institute.