SVB Financial sues US FDIC to recover $1.93b. seized in SVB rescue

SVB Financial Group is suing the FDIC for more than a billion dollars following its takeover in March.

 FDIC Seal (photo credit: Wikimedia Commons)
FDIC Seal
(photo credit: Wikimedia Commons)

SVB Financial Group has sued the US Federal Deposit Insurance Corp (FDIC) to recover the $1.93 billion the regulator seized during its takeover of the failed Silicon Valley Bank in March, according to a filing in a bankruptcy court on Sunday.

The lack of access to the funds was impeding SVB Financial's reorganization, it said, adding the money should be generating over $100 million in annual interest, without which it would likely have to seek costly and uncertain debtor-in-possession financing.

The FDIC has estimated that Silicon Valley Bank's failure drained its insurance fund by $16 billion and that while it determines SVB Financial's share of the rescue costs, it is legally able to hold the seized funds.

SVB Financial said in the filing while the FDIC asserted it has claims against the company to justify its refusal to pay, it has not identified even a single claim "despite having numerous opportunities."

The FDIC did not immediately respond to a Reuters request for comment.

 Destroyed SVB (Silicon Valley Bank) logo and U.S. flag is seen in this illustration taken March 13, 2023.  (credit: REUTERS/DADO RUVIC)
Destroyed SVB (Silicon Valley Bank) logo and U.S. flag is seen in this illustration taken March 13, 2023. (credit: REUTERS/DADO RUVIC)

FDIC's involvement

In May, a US bankruptcy judge had ordered the FDIC to return $10 million in seized tax refund checks to SVB Financial, in a broader dispute over the FDIC's efforts to recoup the cost of rescuing Silicon Valley Bank.