Not surprisingly, the US government has some questions for, and about, Silicon Valley Bank.
Among those questions: Did stock sales by executives prior to the lender’s collapse run afoul of any laws?
According to reporting by several media outlets on Tuesday, multiple US agencies are preparing to investigate the second-largest bank failure in American history.
Among those agencies: The SEC, where Gary Gensler previously indicated he’s “particularly” interested in “prosecuting any form of misconduct” related to recent turmoil in the banking sector. He didn’t name names, but it sounds as though somebody, somewhere may be named soon.
The Justice Department and the SEC are conducting “separate probes,” The Wall Street Journal, which first reported the news, said. Subsequently, Bloomberg indicated the US Attorney’s Office for the Northern District of California is involved, and The New York Times, in their own coverage, said the SEC inquiry is being led by the commission’s office in San Francisco.
Nothing was known about the inquires as of Tuesday afternoon, but it’s reasonable to suggest the sale of shares by insiders, prearranged or not, will be eyed. Greg Becker, no longer CEO, sold 12,451 shares, then worth millions, on February 27 under a plan filed a month earlier. It was the first time he’d sold shares in at least a year.
The Times noted the obvious: “It is not uncommon for investigators to look into prearranged stock-selling plans when the sales take place shortly before bad news that tanks a company’s stock.”
This was a little more than that. These were stock sales prior to a capital raise and a fire sale, which together spooked VCs and helped catalyze a $42 billion bank run, which ultimately compelled the US Treasury to invoke a systemic risk exception in order to backstop depositors. So, I think it’s fair to say US officials are even more interested this time than usual.
Of course, everyone is innocent until proven guilty, and nobody has been accused of any wrongdoing. It’s possible that no charges will be brought. Indeed, if the history of banking sector meltdowns is any indication, the chances of this episode ending without serious legal consequences are good — or “bad,” depending on how you want to look at it.
Also on Tuesday, new CEO Tim Mayopoulos wondered if anybody wants to put their money back in SVB now that it’s effectively run by Janet Yellen and Jerome Powell.
“If you, your portfolio companies, or your firm moved funds within the past week, please consider moving some of them back as part of a secure deposit diversification strategy,” Mayopoulos wrote, in a letter. “We are open for business.”
