KNOWLEDGE The Most Valuable Intangible
RMA Journal, The, June, 2001 by Anju P. Bhargava
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While employed by a large bank, the author oversaw a study of loan losses with the intent to prevent such problems in the future. The results are as useful to banks today as they were to the institution conducting the analysis in the early 1990s.
One of the many challenges facing bankers is also one of the most important: internalizing lessons learned from past losses. Although each economic cycle has its unique characteristics, given vary ing underlying forces at work, banking veterans can attest that the fundamental lessons remain unchanged. They also can attest that sharing this message with younger professionals can be a frustrating exercise.
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Lending, Opus 101. Whatever the circumstances surrounding it, the basic credit transaction remains the same. Fundamentally, a loan results from the interaction between the relationship manager and the customer. The instruments through which the relationship manager orchestrates the transaction are knowledge, the micro culture within the business unit, the quality of the portfolio, bank policies, and the corporate strategic vision. Just as the success of a concert depends on weather, audience, acoustics, and other factors, the RM's symphony can go out of tune from myriad external factors affecting the industry as well as repercussions from regional and global economic shifts. Loan losses result from a disconnect of one or more of these internal or external factors.
One Bank's Story
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In the 1990s, a $30 billion regional bank (the U.S. subsidiary of a major global bank) recognized the need to capture and integrate its collective learning into the organization's awareness system. The bank management acknowledged a simple truth: you have to know where you have been to know where you are going. It set to work changing the credit culture environment and putting a management decision audit tool in place.
In 1994, the bank's office of the chairman authorized an in-depth study--an autopsy, actually--of more than $1 billion in charge-offs from 1989 through 1993. The purpose was to ensure that history would not repeat itself. Quantifying the crisis provided a way for the staff to understand the past and accept the transformation of the bank's credit culture through key corrective initiatives. (According to the Office of the Comptroller of Currency, this was the only financial institution to undertake such an extensive and critical introspective analysis, though many others had a similar loss experience).
The study began by forming a small (1.5 person) task force in the risk management unit. This independent area had not been involved in decision-making during the crisis period. Separation from the line, including the workout areas, allowed for objectivity in research.
A multi-pronged approach to leverage learning integrated credit analysis, audit, and reengineering techniques with technology. As the bank's MIS was geared more towards data capture than analysis, a data base was developed to capture the qualitative information and take different snapshots of the quantified loan loss portfolio. Through an in-depth review of the credit files supplemented by interviews, each credit was dissected to record the facts and the understanding behind the numbers. The objective was to turn the data in the files along with the experience and the wisdom of the people into a usable tool.
Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Saturday, March 15, 2008
Saturday, June 30, 2007
DEFENZOR: A NEWSPAPER FROM THE HEART & SOUL OF AZTLAN
DEFENZOR: A NEWSPAPER FROM THE HEART & SOUL OF AZTLAN 608 Indiana Street, Robstown, Texas 78380 (361) 387-6216 email: staff@defenzor.net ... Note: The posting here do not reflect the position of El Defenzor newspaper nor its staff. This board was created to encourage a mutual dialogue on improving matters in our community.
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Re(3): Abhor what is evil; hold fast to what is good.
Posted on June 23, 2007 at 04:11:40 AM by 4 ringo......you know watt.......
Jules: Wanna know what I'm buyin' Ringo?
Pumpkin: What?
Jules: Your life. I'm givin' you that money so I don't hafta kill your ass. You read the Bible?
Pumpkin: Not regularly.
Jules: There's a passage I got memorized. Ezekiel 25:17. The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you. I been sayin' that shit for years. And if you ever heard it, it meant your ass. I never really questioned what it meant. I thought it was just a cold-blooded thing to say to a motherfucker before you popped a cap in his ass. But I saw some shit this mornin' made me think twice. Now I'm thinkin': it could mean you're the evil man. And I'm the righteous man. And Mr. 9mm here, he's the shepherd protecting my righteous ass in the valley of darkness. Or it could be you're the righteous man and I'm the shepherd and it's the world that's evil and selfish. I'd like that. But that shit ain't the truth. The truth is you're the weak. And I'm the tyranny of evil men. But I'm tryin', Ringo. I'm tryin' real hard to be a shepherd.
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[ Defenzor's Message Board | Edit Post | Defenzor ]
Re(3): Abhor what is evil; hold fast to what is good.
Posted on June 23, 2007 at 04:11:40 AM by 4 ringo......you know watt.......
Jules: Wanna know what I'm buyin' Ringo?
Pumpkin: What?
Jules: Your life. I'm givin' you that money so I don't hafta kill your ass. You read the Bible?
Pumpkin: Not regularly.
Jules: There's a passage I got memorized. Ezekiel 25:17. The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you. I been sayin' that shit for years. And if you ever heard it, it meant your ass. I never really questioned what it meant. I thought it was just a cold-blooded thing to say to a motherfucker before you popped a cap in his ass. But I saw some shit this mornin' made me think twice. Now I'm thinkin': it could mean you're the evil man. And I'm the righteous man. And Mr. 9mm here, he's the shepherd protecting my righteous ass in the valley of darkness. Or it could be you're the righteous man and I'm the shepherd and it's the world that's evil and selfish. I'd like that. But that shit ain't the truth. The truth is you're the weak. And I'm the tyranny of evil men. But I'm tryin', Ringo. I'm tryin' real hard to be a shepherd.
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Friday, June 1, 2007
In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time..
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sotseal6.gif
NUMBER 13-02-033-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LEEANN HALEY, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 105th District Court
of Kleberg County, Texas.
OPINION
Before Justices Hinojosa, Yañez, and Baird Footnote
Opinion Per Curiam
Appellant was charged by indictment with the state jail felony offense of tampering with a governmental record. A jury convicted appellant of a lesser included offense and assessed punishment at 180 days confinement in the Kleberg County jail, probated for a period of two years. See Tex. Pen. Code Ann. § 37.10(c)(1) (Vernon Supp. 2004). We abate this appeal and remand this matter to the trial court for futher proceedings consistent with this opinion.
I. Procedural History.
Appellant raises two points of error, both of which deal with the status of her legal representation in the thirty days following sentencing. Specifically, the first point of error contends she was abandoned by trial counsel. The second point contends the trial judge erred in not appointing counsel to represent appellant during the thirty-day time period for filing a motion for new trial. A brief procedural history is necessary to put the points in context.
On December 4, 2001, the jury returned its punishment verdict and the trial judge placed appellant on community supervision. On December 21, appellant filed a pro se notice of appeal. Appellant wrote a letter to the judge seeking appointment of counsel on appeal and a free reporter’s record. On January 10, 2002, the trial judge entered an order finding appellant indigent, and appointed counsel to prosecute appellant’s appeal.
What is clear to us from the reading of the affidavits involved in this appeal is the following:
1.trial counsel discussed with appellant her right to appeal; Footnote
2.trial counsel told appellant that he “represented her only for her trial, [and not] on her appeal;”
3.appellant wanted to appeal;
4.trial counsel prepared a pro se notice of appeal for appellant and instructed her to file the notice and request appointed counsel;
5.trial counsel did not pursue a motion for new trial;
6.appellant filed the notice of appeal and requested appointed counsel, “[believing] she was doing everything necessary to protect [her] rights of appeal;”
7. appellant did not file a pro se motion for new trial; and
8. appointed counsel would have filed a motion for new trial alleging jury misconduct and ineffective assistance of counsel.
This case presents a comedy of errors. First, trial counsel believed he did not represent appellant during the critical time period for the filing of a motion for new trial. This belief was erroneous because counsel had the duty to continue his representation of the defendant until other counsel was secured to prosecute the appeal. Ex parte Axel, 757 S.W.2d 369, 373 (Tex. Crim. App. 1988). Footnote This mistaken belief caused appellant to be abandoned during this critical stage of the proceedings.
Second, even though appellant filed her notice of appeal and request for the appointment of counsel within the thirty-day time period, counsel was not appointed until after the motion for new trial time limit had expired. Therefore, appointed appellate counsel was unable to file the motion for new trial both she and appellant desired. Finally, appellant’s counsel on appeal has filed a motion to withdraw on grounds that she is now employed by the District Attorney’s office. Appellant’s appellate counsel has recently furnished this Court with the trial court’s order granting her motion to withdraw.
In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time period for filing a new trial motion. See Radcliff v. State, No. 01-02-00419-CR, 2003 Tex. App. LEXIS 5365, *4 (Tex. App.–Houston [1st Dist.] June 26, 2003, no pet.) (designated for publication); Garcia v. State, 97 S.W.3d 343, 349 (Tex. App.–Austin 2003, no pet.); Prudhomme v. State, 28 S.W.3d 114, 121 (Tex. App.–Texarkana 2000, no pet.); Massingill v. State, 8 S.W.3d 733, 738 (Tex. App.–Austin 1999, pet. ref'd). We do so without disturbing the trial court’s judgment and without relying on rule 2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 2 (governing the suspension of the appellate rules).
On remand, the appellate timetables are to begin anew, starting from the date this order issues. Prudhomme, 28 S.W.3d at 121; see Tex. R. App. P. 43.6. Further, upon remand the trial court shall appoint new counsel. New counsel shall then consult with appellant and determine whether she desires to file a motion for new trial.
If no motion for new trial is filed, we will presume that option was considered by appellant and rejected. Smith v. State, 17 S.W.3d 660, 662 (Tex. Crim. App. 2000); Oldham v. State, 977 S.W.2d 354, 363 (Tex. Crim. App. 1998). If appellant elects to file a motion for new trial, and the trial judge grants that motion, the appellate record shall be supplemented with that order, and appellant's appeal will be dismissed. If the trial judge overrules the new trial motion, the record shall be supplemented with that order and the record of any hearing held on such motion, and the parties will be permitted to brief any issues related to the overruled motion. Footnote Prudhomme, 28 S.W.3d at 121; Massingill, 8 S.W.3d at 738-39.
Accordingly, this appeal is abated and remanded for further proceedings as directed herein.
IT IS SO ORDERED.
PER CURIAM
Do Not Publish.
Tex. R. App. P. 47.2(b).
Order delivered and filed this
the 26th day of February, 2004.
sotseal6.gif
NUMBER 13-02-033-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
LEEANN HALEY, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 105th District Court
of Kleberg County, Texas.
OPINION
Before Justices Hinojosa, Yañez, and Baird Footnote
Opinion Per Curiam
Appellant was charged by indictment with the state jail felony offense of tampering with a governmental record. A jury convicted appellant of a lesser included offense and assessed punishment at 180 days confinement in the Kleberg County jail, probated for a period of two years. See Tex. Pen. Code Ann. § 37.10(c)(1) (Vernon Supp. 2004). We abate this appeal and remand this matter to the trial court for futher proceedings consistent with this opinion.
I. Procedural History.
Appellant raises two points of error, both of which deal with the status of her legal representation in the thirty days following sentencing. Specifically, the first point of error contends she was abandoned by trial counsel. The second point contends the trial judge erred in not appointing counsel to represent appellant during the thirty-day time period for filing a motion for new trial. A brief procedural history is necessary to put the points in context.
On December 4, 2001, the jury returned its punishment verdict and the trial judge placed appellant on community supervision. On December 21, appellant filed a pro se notice of appeal. Appellant wrote a letter to the judge seeking appointment of counsel on appeal and a free reporter’s record. On January 10, 2002, the trial judge entered an order finding appellant indigent, and appointed counsel to prosecute appellant’s appeal.
What is clear to us from the reading of the affidavits involved in this appeal is the following:
1.trial counsel discussed with appellant her right to appeal; Footnote
2.trial counsel told appellant that he “represented her only for her trial, [and not] on her appeal;”
3.appellant wanted to appeal;
4.trial counsel prepared a pro se notice of appeal for appellant and instructed her to file the notice and request appointed counsel;
5.trial counsel did not pursue a motion for new trial;
6.appellant filed the notice of appeal and requested appointed counsel, “[believing] she was doing everything necessary to protect [her] rights of appeal;”
7. appellant did not file a pro se motion for new trial; and
8. appointed counsel would have filed a motion for new trial alleging jury misconduct and ineffective assistance of counsel.
This case presents a comedy of errors. First, trial counsel believed he did not represent appellant during the critical time period for the filing of a motion for new trial. This belief was erroneous because counsel had the duty to continue his representation of the defendant until other counsel was secured to prosecute the appeal. Ex parte Axel, 757 S.W.2d 369, 373 (Tex. Crim. App. 1988). Footnote This mistaken belief caused appellant to be abandoned during this critical stage of the proceedings.
Second, even though appellant filed her notice of appeal and request for the appointment of counsel within the thirty-day time period, counsel was not appointed until after the motion for new trial time limit had expired. Therefore, appointed appellate counsel was unable to file the motion for new trial both she and appellant desired. Finally, appellant’s counsel on appeal has filed a motion to withdraw on grounds that she is now employed by the District Attorney’s office. Appellant’s appellate counsel has recently furnished this Court with the trial court’s order granting her motion to withdraw.
In light of the peculiar circumstances of this case, we believe the proper remedy is to abate the appeal and remand the cause to recommence the time period for filing a new trial motion. See Radcliff v. State, No. 01-02-00419-CR, 2003 Tex. App. LEXIS 5365, *4 (Tex. App.–Houston [1st Dist.] June 26, 2003, no pet.) (designated for publication); Garcia v. State, 97 S.W.3d 343, 349 (Tex. App.–Austin 2003, no pet.); Prudhomme v. State, 28 S.W.3d 114, 121 (Tex. App.–Texarkana 2000, no pet.); Massingill v. State, 8 S.W.3d 733, 738 (Tex. App.–Austin 1999, pet. ref'd). We do so without disturbing the trial court’s judgment and without relying on rule 2 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 2 (governing the suspension of the appellate rules).
On remand, the appellate timetables are to begin anew, starting from the date this order issues. Prudhomme, 28 S.W.3d at 121; see Tex. R. App. P. 43.6. Further, upon remand the trial court shall appoint new counsel. New counsel shall then consult with appellant and determine whether she desires to file a motion for new trial.
If no motion for new trial is filed, we will presume that option was considered by appellant and rejected. Smith v. State, 17 S.W.3d 660, 662 (Tex. Crim. App. 2000); Oldham v. State, 977 S.W.2d 354, 363 (Tex. Crim. App. 1998). If appellant elects to file a motion for new trial, and the trial judge grants that motion, the appellate record shall be supplemented with that order, and appellant's appeal will be dismissed. If the trial judge overrules the new trial motion, the record shall be supplemented with that order and the record of any hearing held on such motion, and the parties will be permitted to brief any issues related to the overruled motion. Footnote Prudhomme, 28 S.W.3d at 121; Massingill, 8 S.W.3d at 738-39.
Accordingly, this appeal is abated and remanded for further proceedings as directed herein.
IT IS SO ORDERED.
PER CURIAM
Do Not Publish.
Tex. R. App. P. 47.2(b).
Order delivered and filed this
the 26th day of February, 2004.
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