Narrative
Full Description
Project narrative
On March 3, 2017, financial close was reached on a deal in which JPMorgan Chase Bank N.A. and Morgan Stanley entered into a $125 million USD loan agreement with Wharton Properties LLC — a real estate firm in New York City led by Jeff Sutton — for the 100 West 125th Street 2017 Refinancing Project. This loan consisted of a $105 million USD first mortgage (secured by 100 West 125th Street) and a $20 million USD mezzanine loan with an unknown breakdown to the main $125 million USD loan. This loan carried a maturity period of five years with interest-only payments for the full life (i.e. a grace period of five years). The proceeds were to be used by the borrower to refinance a $102 million USD loan from Natixis Real Estate Capital used for the construction of 100 West 125th Street, a 200,000-square foot building in Harlem north west of Marcus Garvey Park at the Malcolm X Boulevard (also known as Lenox Avenue) in Manhattan, New York City, New York. In or around April 2017, Morgan Stanley, as sponsor, approached the New York Branch of China Merchants Bank Co., Ltd. seeking a $26.25 million USD commitment for the $105 million USD first mortgage tranche. China Merchants Bank approved a commitment of $10 million USD to the syndicate. On May 8, 2018, Xin Wang, the former head of U.S. corporate banking, filed a lawsuit in the New York Southern District federal court against China Merchants Bank alleging that the bank was of discriminating against African-Americans and that she was fired for lodging complaints on the racial discrimination on its conduct, including a specific claim of racial discrimination for the $105 million USD syndicated loan. In April 2017, Xin and her employees requested that the bank loan $26.25 million USD to the syndicate, but in an internal memo on April 17, 2017, the bank's head of risk management, Jie Hu, cited a number of the loan’s “deficiencies”, claiming that Harlem “is not [a] high-class gathering place, and where the African population is more concentrated” (i.e. redlining). As such, China Merchants Bank only committed $10 million USD to the syndicate. After a series of complaints within the branch, Xin was fired on February 22, 2018, ostensibly because of organizational changes. Xin claimed she was fired after complaining to the bank's chief legal and compliance officer and sought lost wages and punitive damages. China Merchants Bank denied the accusations and stated that it would context them. Xin and China Merchants Bank settled the case on undisclosed terms on December 2019.
Staff comments
1. It is plausible, if not likely, that the specific borrowing institution was a special purpose vehicle subsidiary of Wharton Properties LLC. This issue merits further investigation.