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Current Affairs Articles

Wednesday, January 19, 2005

Voice of East/West Poised to Move On

By Kathleen McLaughlin
Staff Writer


East/West Mortgage founder John F. Gallagher says he has given up on a quest to regain control of the company from Commerce Bank & Trust and now looks forward to a settlement for the remaining value of his contract as a top executive.

"After 17 years, it's time to do something different," Gallagher said last week.
Gallagher, a Manchester-by-the-Sea resident who was the voice in ubiquitous radio ads, sold the company four years ago to Commerce but stayed on to oversee marketing, advertising, business development, strategic planning and loan products. He and Susan Gilmore, his wife and former treasurer at East/West Mortgage, sued Commerce in November 2004 for $45 million after the bank fired Gallagher.

Commerce is under scrutiny by the Massachusetts Division of Banks and the Federal Deposit Insurance Corp. after dozens of consumers complained about East/West's fees and practices. A May 2004 cease-and-desist order required the bank to hire qualified management, including a compliance officer to ensure state and federal rules are being followed.

Gallagher says he was a "scapegoat" for the bank, which is making regular reports to regulators and whose top executive, Brian Thompson, is also overseeing East/West.
Thompson could not be reached for comment on Gallagher's claims.

Gallagher said last week that he expected to reach a settlement for something less than the $28 million due for the remainder of his 10-year contract.

Gallagher's lawyer, Joanne D'Alcomo with Jager Smith in Boston, said she couldn't comment on any negotiations in the Gallagher and Gilmore cases. She said there has been no action on either case since it was filed in mid-November.

Gallagher said at the time that the only way he would drop the suit would be it he got the company back. He said he and a group of investors had been negotiating with Commerce to buy it back before he was fired.
Gilmore was fired in January 2004. The couple claims it was because she discovered that the bank was overcharging the East/West division for services.

Gallagher owns residential and commercial real estate on the North Shore, including East/West's new headquarters on Route 1 in Peabody. Gallagher said he spent $6 million on the new headquarters, which are on the southbound side of Route 1. He said he will make more than $500,000 a year in rent from East/West.

Gallagher said he's also developing vacation houses in the Caribbean and ski country.
"I consider my 17 years financially rewarding, and the bank's made a lot of money off it," he said.

Gallagher and Commerce also find themselves together in a suit brought last week by a former East/West employee, Ed Williams of Beverly. Williams was publisher of ISoldMyHouse.com, the real estate listings Web site that was used to generate mortgage leads for East/West.

Williams claims Gallagher promised him equity in the company and is suing for more than $2 million. Williams said this week he expects a cut of any settlement Gallagher might get from Commerce. As of yesterday, Williams' lawyer, Ian Crawford of Todd & Weld in Boston, had not filed a motion to garner any part of a settlement.

http://www.eagletribune.com/news/stories/20050119/BU_004.htm

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