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TIME: Almanac 1993
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1992-09-23
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x NATION, Page 46Keating Takes the Fifth
But the last word is yet to be spoken about the thrift fiasco
By Margaret Carlson
Until last week financier Charles Keating had insisted on
being the final witness at congressional hearings on the $2.5
billion disaster at Lincoln Savings & Loan, so that he could
rebut the witnesses who had accused him of staving off a federal
crackdown on his troubled thrift by lavishing money on
influential politicians. But as the aggressive ex-fighter pilot,
Olympic swimmer and pillar of the Phoenix business community was
being sworn in before the House Banking Committee, his right
hand trembled noticeably. His tanned face flushed, his 6-ft.
5-in. frame slumped, Keating, 66, demanded that television
cameras be turned off. Then he spoke: "On the advice of counsel,
I respectfully exercise my constitutional prerogative and
privilege . . . and decline to answer questions here today."
At least five people were probably relieved that the
normally garrulous financier had kept his mouth shut: the
Senators who received a total of $1.3 million in contributions
from Keating. The last time he was asked whether the money he
gave to California's Alan Cranston, Michigan's Donald Riegle,
Ohio's John Glenn and Arizona's Dennis DeConcini and John McCain
had persuaded them to intervene with federal regulators on his
behalf, Keating baldly declared, "I certainly hope so." Iowa
Republican Congressman Jim Leach, one of the few members of the
House Banking Committee who does not accept contributions from
political action committees, says that if the allegations
against him are true, Keating is "a financiopath of obscene
proportions -- the Rev. Jim Bakker of American commerce."
The Government has filed a $1.1 billion fraud and
racketeering suit to try to recover some of the money that
Keating and his family are said to have taken out of Lincoln.
Several class-action suits charging that Keating siphoned off
millions to sham corporations in Switzerland, Panama and the
Bahamas have been filed on behalf of 23,000 mainly elderly
California bondholders. During the two years that Lincoln stayed
open after the five Senators met with San Francisco bank
examiners who wanted to shut Lincoln in April 1987, the cost of
paying off the S & L's federally insured depositors grew to more
than $2 billion. Along the way, Keating sought the help of an
astonishing array of Government officials as well as financial
and accounting experts. To their current embarrassment, some
agreed:
Alan Greenspan. In 1985 Keating hired the current chairman
of the Federal Reserve Board, then a private economic
consultant, to convince the Federal Home Loan Bank Board (FHLBB)
that Lincoln was sound and should be exempt from a rule limiting
direct investments in risky enterprises to 10% of a bank's
portfolio. Though Greenspan wrote to the board on Lincoln's
behalf in February 1985, the board turned down the exemption
request. But Government officials who let Keating keep control
of the S & L still brandish the Greenspan study when they come
under fire. If Keating could fool a man as smart as Greenspan,
the argument goes, no wonder he could take in five Senators.
Jack Atchison. In 1986 and 1987 Atchison was a managing
partner of Arthur Young & Co., the accounting firm that audited
Lincoln. Under Atchison's direction, the thrift got a clean bill
of health. Later Atchison took a $930,000-a-year job as a vice
president with Lincoln's parent company, American Continental
Corp. Like his boss, Atchison took the Fifth before the
committee several weeks ago.
Lee Henkel. Keating bragged that he had won a seat on the
FHLBB for his friend and business associate Henkel (Keating had
lent more than $60 million to businesses in which Henkel was
part owner) by lobbying former White House chief of staff Donald
Regan. Henkel's stint on the board lasted only five months.
Although he was cleared of any wrongdoing, he resigned after the
Justice Department and the FHLBB investigated his first official
act: a motion that would have specifically benefited Keating by
exempting Lincoln from direct-investment limits.
Lawrence Taggart. The top thrift regulator in California in
1983 and 1984, Taggart allowed Keating to transfer $800 million
in Lincoln's assets to high-risk investments. A month later he
resigned from the government to become head of a
Keating-controlled enterprise, TCS Financial Inc. Immediately
Keating poured nearly $3 million into the business, wiping out
the debt of the financially ailing firm. A friend of then FHLBB
head Edwin Gray, who became his bitter enemy, Taggart wrote to
Don Regan in 1986, calling Gray a "re-regulator" who was having
a "very adverse impact on the ability of our party to raise
needed campaign funds."
Though Keating's refusal to testify brought last week's
hearing to an anticlimactic end, the scandal will soon be
revived in other forums. The Senate ethics committee has hired
an outside investigator to probe the Keating Five, and the FBI
is now in on the investigation. Years may pass before the books
are finally closed on this fiasco -- and decades before
taxpayers are finished paying the tab for it.