Andrew A. Wiederhorn has been reappointed chairman and chief executive officer of Fog Cutter Capital Group, Portland, Ore., after a 14-month leave of absence during which he served a federal prison term for unlawful payment of a gratuity and filing a false tax return.Mr. Wiederhorn will take the reins of Fog Cutter, a commercial real estate mortgage brokerage, from Donald J. Berchtold, who will remain as a director and senior vice president, the company said. Mr. Wiederhorn contended that the government's prosecution, which involved the activities of Wilshire Financial Services Group (now Beverly Hills Bancorp), had been improper. One of his attorneys, Marc Blackman, said the "obscure statute" under which the prosecution was brought "disregards good faith," and that the government had never argued that Mr. Wiederhorn acted against the best interests of the company. "On the contrary, it acknowledged that Wilshire's attorney approved the transaction," he said. "The government just dug in its heels, relying on a case that says that's all irrelevant."
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The Arkansas-based company spent nearly four years on the M&A sidelines, grappling with asset quality issues and litigation tied to its 2022 acquisition of Texas-based Happy State Bank. Now it's signed a letter of intent to buy an unnamed bank.
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The company cited efforts to improve profitability behind its decision, with Popular joining a line of other banks in ending mortgage operations in 2025.
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The mortgage unit of Hilltop Holdings lost $7.2 million pretax in the third quarter with lower volume, following making a small profit three months prior.
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FHA loans accounted for about half of the annual rise in foreclosure starts and 80% of the rise in active foreclosures in September, according to ICE.
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The Federal Reserve Friday issued a set of proposed changes to its stress testing program for the largest banks that would disclose the central bank's back-end stress testing models, a move that the Fed had long opposed out of fear of making the tests easier for banks to pass.
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Robert Hartheimer's arrest comes at a time when the bank is trying to recover from a consent order and the Synapse mess.
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