First Fed accused in Ponzi scheme

PORT ANGELES — The sudden resignation of First Fed Bank President and Chief Executive Officer Matthew Deines on July 12 and abrupt departure of Executive Vice President and Chief Banking Officer Christopher Neros on July 2 come amid a $106 million lawsuit accusing the Post Angeles-based company of participating in a Ponzi scheme.

On June 10, the hedge fund 352 Capital filed a complaint in King County Superior Court in Seattle, accusing First Fed of being party to defrauding investors in a water vending machine business.

The suit alleges Everett-based Water Station Management misappropriated $100 million in funds raised in a 2022 bond sale to pay early investors and lenders — like First Fed — when they were supposed to be used for expanding its business.

First Fed is accused of knowingly facilitating the fraud. A similar lawsuit last year was dismissed without prejudice.

352 Capital is demanding $107 million in compensatory damages plus interest, in addition to punitive damages, attorneys' fees and costs.

The hedge fund also is suing one of its former fund managers, Jordan Chirico, in U.S. District Court for the Southern District of New York for assisting in the fraud.

In a June 16 article in AmericanBanker, Deines vigorously denied the allegations in 352 Capital's lawsuit.

"First Fed played no part in the fraud perpetuated on numerous financial institutions and investors by Water Station," he was quoted as saying. "We are a victim of this wrongdoing and are going to fight this all the way."

Deines described the litigation as part of an emerging trend of lawsuits against financial institutions that hold them liable for assisting in the illegal activities of another actor, even if not directly.

"I find it hard to understand how an unrelated third party who took a loss could hold us responsible," he said.

Reached by phone on Tuesday, Deines said he couldn't speak about the lawsuit or events leading up to his departure, but that he stood by his comments.

He said he planned to continue serving on the boards of the Clallam Economic Development Council and Field Arts & Events Hall.

He had only good things to say about First Fed, where he was elected to his former position on Aug. 1, 2019.

"We left on incredibly strong terms," Deines said.

According to Form 8-K, a mandatory filing that publicly traded companies must submit with the Securities and Exchange Commission when certain events or corporate changes occur, filed on July 2, Deines will receive a severance package of $515,000, the equivalent to one year of his base salary, plus 90 days of COBRA premiums. He will forfeit all of his unvested equity awards except for 5,996 restricted shares granted on March 7 that will immediately vest in full.

In it, Deines also agreed to "assist and cooperate with the Company to ensure a smooth transition," for which he will be paid $250 an hour.

First Fed's Executive Vice President and Chief Operating Officer Geraldine Bullard was appointed interim CEO upon Deines' departure. An executive search for a permanent replacement is currently underway.

Bullard could not be reached by press deadline Tuesday.

Neros left First Fed on July 2, the same day it reported his and Deines' retirements to the SEC and Bullard's appointment.

According to the report, Neros "had decided to retire effective immediately." Neros could not be reached for comment on Tuesday.

First Fed's original first quarter earnings report that recorded a $1.5 million profit was revised in May to reflect $7.7 million in loan write-offs and the establishment of a $5.8 million legal reserve to address any potential liability related to Water Station Management, resulting in a $9 million loss.

Its second quarter earnings report will be released on July 28.

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Reporter Paula Hunt can be reached by email at [email protected].