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Execs: WaMu May Have Survived

The top two executives of WaMu—the largest bank failure in U.S. history—plan to tell a Congressional subcommittee their thrift could have survived if regulators hadn’t seized it.

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In his first public statement since the seizure of Washington Mutual, former chief executive Kerry Killinger plans to tell a congressional subcommittee that the bank could have survived and that regulators seized it precipitously, according to people familiar with his testimony.

Killinger’s testimony, and that of former WaMu President Steve Rotella, obtained in advance through interviews by the Puget Sound Business Journal, will paint a picture of a bank that was close to stabilizing its finances amid the financial turmoil of 2008.

Killinger plans to use charts and graphs at the April 13 hearing in Washington to show the Seattle-based bank’s improving financial condition at the time, and to argue against the “bargain purchase” of WaMu by JPMorgan Chase & Co. The New York bank paid $1.9 billion for WaMu’s $307 billion in assets.

The testimony is part of an inquiry into events leading up to WaMu’s seizure and sale in September 2008 in what has become known as the largest bank failure in U.S. history.

The official purpose of the hearing by the Senate Permanent Subcommittee on Investigations is to question executives about their decision to expand into risky mortgage lending, particularly in the last 10 years of the bank’s life.

But the hearing may also address the other big question that looms over WaMu’s downfall: Did regulators move in too soon?

According to people familiar with the prepared testimony, Killinger and Rotella will treat the question differently. Killinger is expected to say regulators should not have seized the bank.

It’s unclear if Rotella will echo that view at the hearing, but it currently isn’t part of his prepared remarks, according to people familiar with the testimony who spoke on condition of anonymity because of the sensitive nature of the ongoing investigation.

The hearing, which will include other high-ranking WaMu officials, also will highlight the competing narratives that have developed to explain the bank’s downfall. One line says WaMu had become hopelessly mired in subprime debt, posing a risk to depositors, and that federal regulators acted to prevent a messy and expensive failure. The other line says that despite deep exposure to subprime losses, the bank had largely stabilized its finances and qualified as “well capitalized” when regulators seized it.

Last year, a Business Journal investigation found that Washington Mutual was solvent when regulators seized it, that regulators undercut the bank’s own efforts to raise capital, and that the eventual buyer, JPMorgan Chase, had a plan in the works to buy the bank from the government months before regulators took over.

The testimony, followed by questions from U.S. senators, represents the first time any of the executives will talk publicly about their actions at the bank.

The hearing is particularly significant because Killinger and Rotella have remained out of the public eye since WaMu’s closure.

The hearing is part of the continuing attention WaMu’s collapse commands more than a year and a half after it was seized by the Office of Thrift Supervision and the Federal Deposit Insurance Corp.

In addition to the hearing, a nearly 600-page settlement in the complicated Chapter 11 bankruptcy of WaMu’s holding company was recently proposed. The move has sparked a new wave of legal wrangling over the billions of dollars of assets remaining after WaMu shut down.

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