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Brazen: Big Banks, Swap Mania And The Fallout (Paperback)
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Brazen: Big Banks, Swap Mania And The Fallout (Paperback)
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For nearly two decades, countless non-profits in the U.S. were
forced to pay big banks enormous sums of money to settle or
terminate bilateral contracts known as Interest Rate Swaps (IRSs).
Officials at non-profits had entered into these costly contracts
unaware that each contract has only one winner, and that big banks
did not intend to be the losers.The effects of such monetary
transfers have been catastrophic. Money-strapped non-profits had to
dismiss schoolteachers, shut off water supply to thousands of poor
households, and downsize many other essential public services.
Local and state governments, public school districts, universities,
hospitals and transit authorities from New York to Los Angeles have
been among the largest hit.This book presents selected cases and
highlights the lack of evidence that decision makers at non-profits
had fully understood the terms and complexities of IRSs. The
evident unequal bargaining power thus gives rise to the high
likelihood of unconscionable contracting. Additionally, for
terminating these contracts, big banks collected huge sums of money
for services that had not been, and will never be, rendered.
Accordingly, questions arise as to whether these termination
payments are tantamount to unjust enrichment.Related Link(s)
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