About L.A.W.


  • MOTTO: Qui male agit odit lucem. ("He who does evil despises the light.")

  • PUBLISHER: Local Area Watch, Inc. ~ a Michigan non-profit corporation ~ Copyright 2002-2007

  • STAFF: William Tingley, Executive Director ~ Bridget Tingley, Editor ~ Mary Hines, Office Manager ~ Robert Harrison, Photographer

  • CONTACT INFO: Local Area Watch Inc. ~ 1009 Ottawa Avenue, N.W. ~ Grand Rapids, Michigan 49503 ~ ph 616-458-3125 ~ fx 616-454-9958

Highlights

  • Bio-Tech Blather
    Watch your wallets, boys and girls. The politicians and the corporate panhandlers are about to put a big bet on the bio-tech boom with your tax dollars and charitable donations.
  • Dumping Scandal FAQ's
    Answers to the main questions about the dumping of hazardous waste at the Monroe Avenue Water Filtration Plant and other dumpsites.
  • Gutless U-M Caves on Bronzes
    Art endures, if obscured, in that grotty little fiefdom of intellectual poseurs and petty inquisitions that has become the University of Michigan.
  • Kent County Medical Examiner Compromised
    In a glaring conflict of interest, Kent County Medical Examiner Stephen Cohle whitewashes autopsies that could have revealed misconduct by Spectrum Health and Laboratory Pathologists, a staffing firm Cohle owns and operates.
  • Living Wage Kills Jobs
    City pols support a Marxist policy that, like all Marxist policies, hurt the very people they say it will help.
  • Local Prof Sez We're Bible-Beating Bigots
    Outspoken GVSU professor Ben Rudolph gets it wrong when he concludes that River City's "conservative" values are wrecking the local economy.
  • Lost Cause
    A story of how River City lost its way to a secure economic future.
  • Mayor Heartwell: The Best Investment in Town
    The mayor takes a campaign contribution from a lobbying firm and then awards it a $70,000 city contract.
  • Poison
    The nasty nature of the 26,000 tons of poison that The Boardwalk's developers dug up and then dumped upon the rest of us.
  • The Fixer
    A four-part series about the local attorney behind the demise of Autodie, Butterworth Hospital, Amway, and Old Kent. Warning: Strong accusations of corruption, greed, and skullduggery. Not for the feint of heart.
  • The Flying Monkey Brigade
    Lysenkoists now rule and dictate what citizens will and will not discuss as science in the public square -- especially, the public school classroom.
  • The Pig in the Python
    The dirty little secret behind the success and failure of every school reform that the education establishment, the public school bureaucrats, and the teachers unions will never reveal.
  • The Problem With Teachers
    Why teachers are the professionals least suited to run a school district -- or even a school.
  • Thirty-Six Bucks
    Balancing the City budget: Maybe it's time for those making a living on the taxpayer's dime to give up a little instead of sticking it to the taxpayer one more time.
  • Urban League Takes a Wrong Turn
    The Grand Rapids chapter of this venerable civil rights organization took a step backward with its dubious report finding institutionalized racism in area police forces.
  • When Will It Stop?
    Enough of the repulsive tactic of accusing everyone of bigotry who doesn't kowtow to the racemongers.
  • Who Tickets the Cops?
    State highway patrolmen flout the law on our freeways.
  • Yeah, and Summer is Hotter Than Winter
    The Grand Rapids Press ignores science to promote feel-good politics on the environment and becomes the watchdog that doesn't bark.

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Oct 03, 2005

FIFTH THIRD CFO TAKES THE FALL

Fifth_third_hq_grAfter peaking at nearly $70 a share three years ago, the once high-flying stock of Fifth Third Bancorp (FITB) has fallen to under $37 a share, its lowest level in five years.  The slide has destroyed almost half the shareholder value of Fifth Third in the wake of its acquisition of our homegrown Old Kent Bank.  Of course, financial carnage like that means someone has to go.

On Friday the Wall Street Journal reported that the fall guy was the newbie to the Fifth Third executive suite, Chief Financial Officer R. Mark Graf.  The 40-year-old Graf was hired in only a year ago, but he’s been fingered for the collapse of Fifth Third’s stock.  Well, the official story is that he’s quitting to pursue other opportunities.  Yeah, right.  But then the unofficial story is also a howler:  Graf has to go because he downplayed to shareholders the bank’s recent bungling of the flattening yield curve.  (That’s when short-term interest rates rise as long-term rates fall.  This squeezes a bank’s profit margin because the cost of money goes up while the interest rates it charges on loans go down.)

The idea that Graf is responsible for the Fifth Third troubles is absurd.  He’s been onboard only for a year, but the bank’s stock has been falling like a rock for three years.  It’s no coincidence that the collapse began in April 2002 after we had reported to the U.S. Justice Department federal offenses that were committed during Fifth Third’s acquisition of Old Kent.  By September 2002 the Federal Reserve Bank of Cleveland opened an investigation of Fifth Third.  As a consequence the Fed imposed controls upon Fifth Third that stopped its merger mania strategy dead in its tracks.

Once Fifth Third was forced to grow through good management rather than buying up smaller banks with inflated stock, reality caught up with it.  No longer able to run on water, its stock sunk while banks as a group outperformed the market.  It is CEO George Schaeffer’s merger strategy that is a bust.  He got greedy trying to get Old Kent on the cheap.  (See Part IV of “The Fixer” series for more on this.)  Instead he got a pile of overvalued and impaired assets that’s been an albatross around his neck ever since.

Graf’s resignation will only give Schaeffer a temporary respite, because nothing’s changed.  Fifth Third’s fundamental problems remain, and it still has a potential $40 billion environmental liability hanging over it for concealing the Boardwalk’s contamination from regulators, shareholders, and its partner in financing the project, National City Community Development Corporation.  Expect the Fifth Third stock to go even lower as its profits continue to slip and its liabilities catch up with Schaeffer and his team.

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Comments

Hi really enjoyed your writings-Who owns the water pump station ,now-are the new owners going to be responsible for the fill that was brought there.

thanks larry o

Thanks for the support, Larry.

Under Michigan state law, the current owners of the filtration plant, the DeVries family, are responsible for the contaminated fill that the Boardwalk developers dumped at the site and for any exacerbation of that contamination.

The DeVries would have a defense that the Boardwalk developers are responsible for disposing of the waste on the property, but they would still be on the hook for any further spread of the contamination, such as the removal of some the fill when they made the north tank a parking lot.

Whether or not the MDEQ will act on any secondary release of contamination from the filtration plant, we do not know. We are working hard to get them to do so. Meanwhile, our civil suit against the original polluters -- i.e., the Boardwalk developers -- is pending in Kent County court.

Regards,
Bill Tingley
Executive Director

You are fast w/ a response,thanks-So ed d. didn`t get a enviromental impact study before purchasinf? Or if no bank fin. was used it wouldn`t be needed. I would Ed would be aware of that,I know okb all ways did the study on their loans because i was there. thanks again

Hi, Larry.

The environmental site assessment for the DeVries project at the filtration plant was configured to avoid testing the contaminated soil in the north tank.

As for Old Kent Bank, you are correct that it required an environmental site assessment of the Boardwalk project site before lending (in consortium with National City Community Development Corporation) the developers a total $31.5 million (commercial mortgage + historic tax credit financing). What OKB did not do was have the MDEQ determine the accuracy and sufficiency of that assessment, which was highly irregular in light of the loan amount.

That is how the Boardwalk developers got financing based upon a fraudulent environmental site assessment that had no soil tests for the area they were going to excavate down to bedrock for the new parking ramp. Had OKB required the MDEQ to vet the assessment, its squirrelly nature would have been exposed before closing on the financing.

Regards,
Bill

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