Special assessment for bank failures
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FDIC Sues Capital One in Dispute Over Special Assessment for 2023 Bank Failures
PYMNTS.comยท 2025-11-19 00:46
Core Viewpoint - A lawsuit has been filed by the FDIC against Capital One regarding the bank's alleged underpayment in the bailout of depositors from Silicon Valley Bank and Signature Bank, with claims that Capital One underreported its uninsured deposits by excluding a significant position between its subsidiaries [1][2]. Group 1: Lawsuit Details - The FDIC's lawsuit claims that Capital One paid nearly $100 million less than required for the bailout [2]. - Capital One allegedly excluded a $56 billion position between two subsidiaries, leading to an incorrect calculation of its special assessment [2][3]. - The FDIC stated that Capital One's exclusion resulted in a special assessment of $324.84 million instead of the correct amount of $474.08 million [3]. Group 2: Capital One's Response - In September, Capital One filed a lawsuit against the FDIC, claiming it was overcharged by $149.2 million during the special assessment [4]. - Capital One argued that the FDIC incorrectly counted the $56.2 billion positions as uninsured deposits, inflating the assessment [4]. - The bank indicated that it had been in communication with the FDIC regarding this issue for two years, but the regulator continued to pursue the special assessment based on what Capital One deemed an erroneous calculation [5]. Group 3: FDIC's Financial Strategy - The FDIC announced plans to collect $15.8 billion in extra fees over two years to recover losses from the rescues of the two banks [5]. - Starting in early 2024, 113 banks will be subject to this special assessment, with those having at least $50 billion in assets covering 95% of the cost [6]. - Banks with less than $5 billion in assets are exempt from this assessment, as the banking crisis has strained the government's deposit insurance fund [6].