Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 33

                                                 - 120 -                                                   
                  Nor did petitioner adduce any proof that the interest rate                               
            on any of the loans at issue to Radcliffe and BOT that UnionBank                               
            had funded87 afforded that bank an opportunity to earn a profit.                               
            To the contrary, we have found as a fact that those loan transac-                              
            tions did not provide Union Bank with such an opportunity.                                     
                  An officer of Union Bank, Henry Yung, testified generally                                
            that that bank tried to make a profit on its loans.  However, he                               
            did not testify specifically that Union Bank was trying to make a                              
            profit on its loans to Radcliffe and BOT.  In fact, he wrote the                               
            March 3, 1986 letter to Patrick Kwok of Standard Chartered Bank                                
            HK, an affiliate of Union Bank, in which he indicated that Union                               
            Bank was losing money on the loans to Radcliffe and to BOT that                                
            it had funded.  That letter further stated that Union Bank was                                 
            losing money on those loans even when earnings from deposits that                              
            were not connected with those loans also were taken into account                               
            and that Union Bank nonetheless was willing to renew those loans                               
            on terms that would allow it to break even on them.  It appears                                
            to us that Union Bank's willingness to renew on break-even terms                               


            86(...continued)                                                                               
            solely because Union Bank was losing money on a 1.15 percent                                   
            spread.                                                                                        
            87  The rate on the UB $570,000 pre-March 1984 loan, the UB                                    
            $570,000 renewed loan, the UB $325,000 loan, and the UB $800,000                               
            Radcliffe loan was 1.5 percent in excess of Union Bank's LIBOR or                              
            1 percent in excess of its prime rate or its reference rate.  The                              
            interest rate on the UB $1,300,000 loan and the UB $1,830,000                                  
            loan was 1.15 percent in excess of the interest rate on the                                    
            certificates of deposit that secured those loans.                                              




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