Banks Won Concessions on Tests
Fed Cut Billions Off Some Initial Capital-Shortfall Estimates; Tempers Flare
at Wells
By DAVID ENRICH, DAN FITZPATRICK and MARSHALL ECKBLAD
Wall Street Journal
May 9 2009

The Federal Reserve significantly scaled back the size of the capital hole
facing some of the nation's biggest banks shortly before concluding its
stress tests, following two weeks of intense bargaining.

In addition, according to bank and government officials, the Fed used a
different measurement of bank-capital levels than analysts and investors had
been expecting, resulting in much smaller capital deficits.

The overall reaction to the stress tests, announced Thursday, has been
generally positive. But the haggling between the government and the banks
shows the sometimes-tense nature of the negotiations that occurred before
the final results were made public.

Government officials defended their handling of the stress tests, saying
they were responsive to industry feedback while maintaining the tests'
rigor.

When the Fed last month informed banks of its preliminary stress-test
findings, executives at corporations including Bank of America Corp.,
Citigroup Inc. and Wells Fargo & Co. were furious with what they viewed as
the Fed's exaggerated capital holes. A senior executive at one bank fumed
that the Fed's initial estimate was "mind-numbingly" large. Bank of America
was "shocked" when it saw its initial figure, which was more than $50
billion, according to a person familiar with the negotiations.

At least half of the banks pushed back, according to people with direct
knowledge of the process. Some argued the Fed was underestimating the banks'
ability to cover anticipated losses with revenue growth and aggressive
cost-cutting. Others urged regulators to give them more credit for pending
transactions that would thicken their capital cushions.

At times, frustrations boiled over. Negotiations with Wells Fargo, where
Chairman Richard Kovacevich had publicly derided the stress tests as
"asinine," were particularly heated, according to people familiar with the
matter. Government officials worried San Francisco-based Wells might file a
lawsuit contesting the Fed's findings.

The Fed ultimately accepted some of the banks' pleas, but rejected others.
Shortly before the test results were unveiled Thursday, the capital
shortfalls at some banks shrank, in some cases dramatically, according to
people familiar with the matter.

Bank of America's final gap was $33.9 billion, down from an earlier estimate
of more than $50 billion, according to a person familiar with the
negotiations.

A Bank of America spokesman wouldn't comment on how much the previous gap
was reduced, though he said it resulted from an adjustment for first-quarter
results and errors made by regulators in their analysis. "It wasn't
lobbying," he said.

Wells Fargo's capital hole shrank to $13.7 billion, according to people
familiar with the matter. Before adjusting for first-quarter results and
other factors, the figure was $17.3 billion, according to a federal
document.

"In the end we agreed with the number. We didn't necessarily like the
number," said Wells Fargo Chief Financial Officer Howard Atkins. He said the
company was particularly unhappy with the Fed's assumptions about Wells
Fargo's revenue outlook.

At Fifth Third Bancorp, the Fed was preparing to tell the Cincinnati-based
bank to find $2.6 billion in capital, but the final tally dropped to $1.1
billion. Fifth Third said the decline stemmed in part from regulators giving
it credit for selling a part of a business line.

Citigroup's capital shortfall was initially pegged at roughly $35 billion,
according to people familiar with the matter. The ultimate number was $5.5
billion. Executives persuaded the Fed to include the future capital-boosting
impacts of pending transactions.

SunTrust Banks Inc. also persuaded the Fed to significantly reduce the size
of its estimated capital gap to $2.2 billion, after identifying mathematical
errors in the Fed's earlier calculations, according to a person familiar
with the matter.

PNC Financial Services Group Inc., saw a capital hole materialize at the
last minute. As recently as Wednesday, PNC executives were under the
impression they wouldn't need to find any new capital, according to people
familiar with the matter. Thursday morning, the Fed informed PNC that it had
a $600 million shortfall.

Regulators said other banks also were told they needed more capital than
initially projected.

The Fed's findings were less severe than some experts had been bracing for.
A weeklong rally in bank stocks continued Friday, with the KBW Bank Stocks
index surging 10%. Investors were especially relieved by the relatively
small capital holes at regional banks. Shares of Fifth Third soared 59%,
while Regions Financial Corp.'s $2.5 billion deficit led to a 25% leap in
its stock.

With the stress tests, government officials were walking a fine line. If the
regulators were too tough on banks, they risked angering their constituents
and spooking markets. But if they were too soft, the tests could have lost
credibility, defeating their basic confidence-building purpose.

All the back-and-forth is typical of the way regulators traditionally wrap
up their examinations of banks: Regulators often present preliminary
findings to lenders and then give them time to respond. The process can
result in changes to the regulators' initial conclusions. Some of the
stress-test revisions, for instance, were made to account for the beneficial
impact of the industry's strong first-quarter profits.

On Friday, some analysts questioned the yardstick, known as Tier 1 common
capital, that regulators chose to assess capital levels. Many experts had
assumed the Fed would use a better-known metric called tangible common
equity.

According to Gerard Cassidy, an analyst with RBC Capital Markets, the 19
banks' cumulative shortfall would have been more than $68 billion deeper if
the government had used the latter metric, which accounts for unrealized
losses.

Federal officials said their projections reflected the most comprehensive
analysis ever conducted of the industry.

The test results showed that the 19 banks faced a total of $599 billion in
losses over the next two years under the government's worst-case,
Depression-like scenario. The Fed directed 10 banks to add a total of nearly
$75 billion to their capital buffers to insulate themselves from potential
losses.

Banks pressed ahead on Friday with plans to fill their capital holes by
tapping public markets. Wells Fargo raised $7.5 billion in stock through a
public offering. The bank originally planned to raise $6 billion, but
expanded the offering, which was valued at $22 a share, due to robust
demand. Shares of Wells Fargo rallied $3.42, or 14% to $28.18.

Morgan Stanley, which is facing a $1.8 billion capital hole, raised $4
billion by selling stock. Shares of Morgan rose $1.06, or 4%, to $28.20.

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