
By Jonathan Stempel
Aug 31 (Reuters) – A U.S. judge said the former parent of Silicon Valley Bank cannot pursue a $1.71 billion claim against the FDIC stemming from āthe bank’s March 2023 collapse, one of the largest U.S. bank failures.
In a ā206-page decision on Friday, U.S. District Judge Beth Labson Freeman in San Jose, California, held that a trust that took āover the parent’s claims was responsible for former executives’ ill-fated decisions to try boosting profit by investing heavily in long-term government bonds and mortgage-backed securities.
Silicon Valley Bank collapsed after rising interest rates caused at least $4.52 billion of losses in the bank’s investment portfolio, sparking a bank run that ādisrupted many technology startups whose deposits ā it held.
Most of the bank’s deposits were uninsured. The bank’s demise presaged the collapses of two other large lenders in 2023, Signature Bank and ā First Republic Bank.
Silicon Valley Bank’s holding company has been succeeded by SVB Financial Trust. Lawyers for the trust did not immediately respond to requests for comment on Monday. The Federal Deposit Insurance Corp āand āits lawyers did not immediately respond to similar requests.
‘LIVE āWITH THE CONSEQUENCES’
Freeman said the bank’s āchief financial officer, treasurer and others acted negligently by taking excessive interest rate and liquidity risks, with encouragement from the board of directors.
She rejected the trust’s arguments that it was protected because directors exercised their business judgment in authorizing the investments, and the losses occurred only because the FDIC sold the securities at a loss.
“The holding company chose to run the bank āthrough holding company officers in accordance with the āglobal, enterprise-wide policies, limits, and metrics that the holding company āestablished,” Freeman wrote. “Having made this choice, it āmust live with the consequences.”
Freeman ruled after a 12-day, non-jury trial.
Silicon Valley āBank had about $209 billion of assets before āit failed.
The FDIC is āalso suing 17 of the bank’s former executives and directors, including onetime Chief Executive Gregory Becker, to recover billions of dollars for alleged gross negligence and breaches of āfiduciary duty.
Washington Mutual is the ālargest traditional U.S. bank or thrift by assets to fail, collapsing in 2008. āFirst Republic, Silicon Valley Bank and Signature rank second, third and fourth.
(Reporting by Jonathan āStempel in New York; Editing by Bill Berkrot)
