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Dem Federal FDIC v Direct Ores RG

Dem Federal FDIC v Direct Ores RG

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Published by Oscar J. Serrano

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Published by: Oscar J. Serrano on Jan 19, 2012
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07/21/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO
FEDERAL DEPOSIT INSURANCE CORPORATIONAS RECEIVER OF R-G PREMIER BANK OF PUERTORICOPlaintiff,v.VICTOR J. GALÁN-ALVAREZ, HIS SPOUSENELIDA FUNDORA, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;RAMÓN PRATS, HIS SPOUSE TERESITA NOBLE-FERNÁNDEZ, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;ROLANDO RODRÍGUEZ-MANCEBO, HIS SPOUSEMARÍA VINA, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;VICTOR IRIZARRY-ORTIZ, HIS SPOUSE ADRIANAROIG-LÓPEZ, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM; JOSEPH L. ABRAHAMSON, HIS SPOUSEMARGARITA COLÓN, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM; JUANAGOSTO-ALICEA, HIS SPOUSE DAPHNE BOUET-GRANA, AND THE CONJUGAL PARTNERSHIPFORMED BETWEEN THEM; LUIS BERRIOS, HISSPOUSE ROSA CAAMANO-LÓPEZ, AND THECONJUGAL PARTNERSHIP FORMED BETWEENTHEM; LAUREANO CARUS, HIS SPOUSE NILDAGONZALEZ, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;ILEANA M. COLÓN-CARLO, HER SPOUSE JOSEGONZALEZ, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;BENIGNO R. FERNANDEZ-ROSARIO; HIS SPOUSE JACQUELINE MCNEE, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;MELBA FIGUEROA-PADILLA; VICTOR L. GALÁN- Civil No.RE: Breach of Fiduciary Duties, GrossNegligence, DamagesPlaintiff Demands Trial by Jury
Case 3:12-cv-01029-JAG Document 1 Filed 01/18/12 Page 1 of 85
 
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FUNDORA, HIS SPOUSE MAGDALENAMARTINEZ, AND THE CONJUGAL PARTNERSHIPFORMED BETWEEN THEM; ROBERTO GORBEA-FRONTERA, HIS SPPOUSE NELLIE DIAZ-PABON,AND THE CONJUGAL PARTNERSHIP FORMEDBETWEEN THEM; JAMES LYNN, HIS SPOUSESYLVIA DIAZ-RODRIGUEZ, AND THE CONJUGALPARTNERSHIP FORMED BETWEEN THEM;EDUARDO MCCORMACK, HIS SPOUSE MARINAVALENTIN, AND THE CONJUGAL PARTNERSHIPFORMED BETWEEN THEM; IVAN MENDEZ, HISSPOUSE RAQUEL MIRO-CORDERO, AND THECONJUGAL PARTNERSHIP FORMED BETWEENTHEM; RAFAEL NIN-TORREGROSA, HIS SPOUSEDORIS PRICE, AND THE CONJUGAL PARTNESHIPFORMED BETWEEN THEM; GILBERTO RIVERA-ARREAGA, HIS SPOUSE GRISEL FUENTES, ANDTHE CONJUGAL PARTNERSHIP FORMEDBETWEEN THEM; ENRIQUE UMPIERRE-SUAREZ;AND XL SPECIALTY INSURANCE COMPANYDefendants
COMPLAINT AND DEMAND FOR JURY TRIAL
 
TO THE HONORABLE COURT:
 
NOW
 
COMES
Plaintiff, the Federal Deposit Insurance Corporation (the “FDIC”), in itscapacity as receiver (the “FDIC-R”) for R-G Premier Bank of Puerto Rico (“R-G Premier” or the“Bank”), through its undersigned counsel and respectfully states, alleges and prays:
NATURE OF ACTION
 1.
 
This is a civil action against nineteen former directors and officers of R-GPremier (the “Directors and Officers”), seventeen of their spouses (the “Spouses”) and seventeenrelated conjugal partnerships (the “Conjugal Partnerships”), and their director and officerliability insurer (collectively “Defendants”). The FDIC plays a critical role in safeguarding the
Case 3:12-cv-01029-JAG Document 1 Filed 01/18/12 Page 2 of 85
 
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stability of the nation’s financial system. Prior to 1933, when the directors and officers of afinancial institution ran a bank into the ground, unprotected depositors generally discovered thatthe bank’s failure meant that their deposits were lost. As a result, in 1933, the governmentestablished the FDIC to insure banks’ depositors, so that bank customers would not lose theirmoney if the bank failed. Along with the responsibility to step in to protect depositors, the FDICwas also charged with the power and duty to hold responsible any officers and directors whoseconduct lead to the failure of the bank. Since the formation of the FDIC, no depositor has lost asingle cent of insured funds. R-G Premier’s failure on April 30, 2010 was one of the largestbank failures in Puerto Rico’s history, costing the Deposit Insurance Fund over $1.46 billion inlosses. Absent the FDIC’s deposit insurance, when the Directors and Officers caused R-GPremier to fail, many citizens of Puerto Rico would have lost much of their hard-earned lifesavings. The seeds of the Bank’s collapse were planted over a decade earlier, when the Directorsand Officers of a primarily residential mortgage bank decided to dramatically expand the Bank’scommercial lending and hired a commercial loan officer, Victor Irizarry Ortiz (“Irizarry”) toincrease Bank lending. Rather than supervising Irizarry, the Directors and Officers gave himvirtually absolute control over the Bank’s commercial lending. For years, the Directors andOfficers ignored numerous warnings from multiple sources about serious problems in the Bank’smanagement, and freed Irizarry to recklessly pursue explosive commercial loan growth and toundermine proper underwriting and risk management. Between November 2004 and December2008 alone, the Bank extended over $350 million in loans that any prudent banker should haveknown would probably never be repaid. The Directors and Officers also exacerbated andaccelerated these losses by robotically approving virtually any loan request that crossed theirdesks, even though such loan requests had been processed through the obviously deficient
Case 3:12-cv-01029-JAG Document 1 Filed 01/18/12 Page 3 of 85

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