* UCB was 9th biggest bank failure during crisisBy Dan Levine and Sarah N. LynchSAN FRANCISCO/WASHINGTON, Oct 11 (Reuters) - Two former
executives of a bank that received a $300 million federal
bailout before its collapse during the financial crisis are
facing criminal and civil fraud charges for their role in
trying to conceal loan losses.Ebrahim Shabudin and Thomas Yu, the former chief operating
officer and first vice president respectively at San
Francisco-based United Commercial Bank, face four criminal
counts, according to an indictment unveiled on Tuesday.The bank’s former chief executive, Thomas Wu, faces civil
charges from the U.S. Securities and Exchange Commission, as do
Shabudin and Yu.UCB, the ninth-largest bank to fail during the financial
crisis, catered to California’s Asian community and expanded
rapidly before regulators closed it in 2009.The Federal Deposit Insurance Corporation also said it is
seeking to prohibit 10 former UCB officers from further
participation in the banking industry. Three additional
officers who cooperated in the investigation consented to
prohibition orders, it said.Before his court appearance on Tuesday, Shabudin was led
down a hallway in the San Francisco federal courthouse, the
last in a line of shackled prisoners. Shabudin was the only
detainee in line not wearing a prison jumper.Yu, who appeared in a suit, was not detained during his
court appearance.Neither Shabudin nor Yu entered a plea before a U.S.
magistrate, and each was released on a $500,000 bond.”This is an ongoing criminal investigation,” Assistant U.S.
Attorney Adam Reeves said in court.Shabudin’s lawyer James Lassart declined to comment after
the court hearing. Yu’s lawyer George Cotsirilos Jr. was not
immediately available for comment.The SEC complaint alleges that Wu, Shabudin and Yu
concealed loan losses from investors, leading the bank to
understate its 2008 operating losses by about $65 million.Wu was chief executive of UCB from 1998 through September
2009, the SEC lawsuit said. He appeared in a list of 25 notable
Chinese-Americans recognized in Forbes Asia magazine in 2008.”Hundreds of banks failed in the financial crisis, and the
regulators need to blame someone,” Wu’s attorney, Steven Bauer,
said in a statement. “When the full facts are revealed, Thomas
Wu is counting on our justice system to clear his good name.”United Commercial Bank received a $298.7 million bailout
from the U.S. government in November 2008. One year later,
regulators shut down the bank and its operations were taken
over by East West Bancorp .None of the TARP funds have been repaid, according to the
indictment. The collapse also led to a $2.5 billion loss to the
FDIC fund that backs customer deposits.The FDIC cited a lack of management oversight as a primary
reason for UCB’s failure, according to a 2010 government
report.The indictment charges Shabudin and Yu with conspiracy to
commit securities fraud, securities fraud, falsifying corporate
books and records, and making false statements to the
accountants of a public company.Shabudin said in court that he currently works as a
consultant for Capco, which provides business and technology
advice for the financial services industry. Capco spokeswoman
Diana Buxton said in an email that Shabudin has been placed on
administrative leave, and that the allegations only relate to
Shabudin’s former employer.Yu and Shabudin are scheduled to be arraigned in court on
Oct. 20.