“The Wall Street That Cried Wolf”: Banks Complain About Onerous New Regulations While Reaping Record Profits
The headlines have been nothing short of dazzling: “Bank of America profits soar“; “Citigroup’s profits surge“; “Bank boom continues: Goldman Sachs profit doubles.” In fact, the six biggest Wall Street banks – Bank of America, Citigroup, Goldman Sachs, JP Morgan Chase, Wells Fargo and Morgan Stanley – all beat their profit expectations in the most recent quarter, according to results announced over the last week. JP Morgan Chase is even on pace to make $25 billion (yes, billion with a b) this year.
If you’re thinking that these numbers don’t at all square with the ominous warnings of bank executives and lobbyists, who have been saying non-stop that new regulations meant to safeguard the financial system and prevent a repeat of the 2008 financial crisis are going to irreparably harm their ability to do business, you’re right. But that hasn’t stopped the banks’ griping.
The latest iteration of this argument played out after regulators recently announced new rules regarding bank capital – the financial cushion banks must keep on hand to guard against a downturn. Failed presidential candidate turned bank lobbyist Tim Pawlenty, for instance, said that the new rules “will make it harder for banks to lend and keep the economic recovery going.” JP Morgan Chase CEO Jamie Dimon, who has been scaremongering for years about various regulations, warned that the new rules would put U.S. banks at a competitive disadvantage with foreign lenders.
But this same dynamic has been playing out since the Dodd-Frank financial reform law was signed by President Obama in 2010. Banks and their allies complain about onerous new regulations, while at the same time reaping record profits.
And as the New Yorker’s John Cassidy explained, those profits are due to many of the same practices that helped cause the 2008 debacle in the first place: “an emphasis on trading rather than lending, a high degree of leverage, and implicit subsidies from the taxpayer.” That would seem to make the case that new regulations, rather than going too far, have not gone far enough.
Perhaps that’s why banks haven’t been crowing about their new avalanche of profits, and Dimon is even warning about an upcoming profit squeeze. As the Financial Times’ U.S. banking editor Tom Braithwaite explains:
In the next 12 months the Fed will hit the banks with a new flurry of measures. … Those are coming, they are serious and the banks fear them. There is an outside chance that lawmakers will go even further, such as by restoring the split between investment banking and commercial banking known as Glass-Steagall. There is still plenty to play for in deciding how painful the next round of regulations will be.
But, with every earnings season, warnings of calamity look more and more hollow.
One of the major knocks against Dodd-Frank – beyond the obvious one that it left the biggest banks even bigger than they were before the financial crisis – is that it left too much discretion to regulators to write new rules. Corporations and trade organizations familiar with how the agency rule-writing process works are almost inevitably going to have the upper hand in such a system. And there are still so many rules left to be written – some 60 percent, according to the law firm Davis Polk – that Wall Street will have ample opportunity to water the law down to meaninglessness.
But it’s hard to keep saying with a straight face that new regulations will spell doom for the industry when the new rules that are in place so far, which were accompanied by similarly dire warnings, have done nothing to even dent Wall Street’s bottom line. In fact, the huge pile of profits may be the best thing that could have happened for those trying to bring a modicum of sanity back to Wall Street regulation.
By: Pat Garofalo, U. S. News and World Report, July 18, 2013
“Bank Of America’s Foreclosure Frenzy”: Maximizing Fees And Profits For Big Banks
In one corner, we have five former Bank of America Corp. employees who told a federal court they were instructed to mislead customers on the verge of losing their homes and stall their applications for loan modifications.
In another corner, we have Bank of America, which says nothing could be further from the truth.
Who’s right? If anything, the bank’s strident denials make me more inclined to believe the workers’ claims. “These allegations are absurd, patently false and contrary to Bank of America’s long-standing policy only to foreclose as a last resort when other available options to help keep people in their home have been exhausted,” Jumana Bauwens, a Bank of America spokeswoman, told Bloomberg News in an email this week.
Perhaps some of the allegations may be wrong. But to say all of them are obviously false? You have to wonder. A lot of the former employees’ claims make sense.
We have known for years that the U.S. Treasury Department’s Home Affordable Modification Program failed miserably at its stated goal of helping struggling homeowners. In part, that’s because companies and divisions of major banks that service mortgage loans often can make more money from foreclosures than from loan modifications.
It didn’t bother the banking industry’s “robo-signers” that they risked committing perjury when they signed false affidavits filed in courthouses across the country to speed foreclosures along. Now, Bank of America would have us believe that all of these former employees were making things up under penalty of perjury when they came forward and told their stories.
The former employees’ statements were filed with a federal court in Boston as part of a lawsuit against Bank of America by homeowners who say they were improperly denied permanent loan modifications. Bank of America says it will respond to the statements in greater detail in a court filing.
The workers gave horrific accounts about Bank of America’s compliance with the Home Affordable Modification Program. One consistent theme was that they said they were told to deceive borrowers about the status of their applications.
“My colleagues and I were instructed to inform homeowners that modification documents were not received on time, not received at all, or that documents were missing, even when, in fact, all documents were received in full and on time,” said Theresa Terrelonge of Grand Prairie, TX, who worked at Bank of America from 2009 to 2010 as a loan-servicing representative. She said workers “were awarded incentives such as $25 in cash, or as a restaurant gift card” based on “how many applications for loan modifications they could decline.”
Simone Gordon of Orange, NJ, who left Bank of America in 2012, gave a similar account. “Employees were rewarded by meeting a quota of placing a specific number of accounts into foreclosure, including accounts in which the borrower fulfilled a HAMP trial period,” Gordon said. “For example, a collector who placed ten or more accounts into foreclosure in a given month received a $500 bonus.” Other rewards for placing accounts into foreclosure included gift cards to Target or Bed, Bath & Beyond.
“We were regularly drilled that it was our job to maximize fees for the bank by fostering and extending delay of the HAMP modification process by any means we could — this included by lying to customers,” Gordon said.
William Wilson, a Bank of America underwriter and manager in Charlotte, NC from 2010 to 2012, described what he said was called a “blitz.” About twice a month, he said, Bank of America would order case managers and underwriters to clean out the backlog of HAMP applications by rejecting any file in which the documents were more than 60 days old. Employees were instructed to “enter a reason that would justify declining the modification to the Treasury Department,” Wilson said.
“Justifications commonly included claiming that the homeowner had failed to return requested documents or had failed to make payments,” he said. “In reality these justifications were untrue. I personally reviewed hundreds of files in which the computer systems showed that the homeowner had fulfilled a trial period plan and was entitled to a permanent loan modification,” but was nevertheless declined during a blitz.
“On many occasions, homeowners who did not receive the permanent modification that they were entitled to ultimately lost their homes to foreclosure,” he said.
After Bloomberg wrote last week about the former employees’ statements, the top Democrat on the House Financial Services Committee, Maxine Waters, sent a letter to Christy Romero, the special inspector general of the Troubled Asset Relief Program, asking that her office investigate. Yet it’s hard to get one’s hopes up about the government’s desire to get at the truth.
There already has been a $25 billion nationwide whitewash of a settlement between regulators and big banks over improper foreclosure practices, along with billion-dollar payments under a different settlement to consultants who were hired to review those practices. Nobody was prosecuted, much less wrist-slapped.
This week, the court-appointed monitor overseeing compliance with the terms of the national mortgage settlement said he found “more work needs to be done” by big mortgage servicers to improve their treatment of customers. But neither he nor the regulators have ever reported anything as dubious as the conduct described in the former Bank of America employees’ court declarations. Perhaps they just missed a bunch of stuff.
If there was a good reason to believe that the government’s priority is to investigate big banks rather than protect them, maybe Bank of America’s blanket denial would seem more credible.
By: Jonathan Weil, Bloomberg View, Published in The National Memo, June 21, 2013
“In The GOP, Every Day Is A Bank Holiday”: The Republican College Loan Plan Would Help Banks, Hurt Families
Big banks are doing better than ever. Sunday, New York Times financial columnist Gretchen Morgenson wrote that 2013 has been a very good year for the financial industry. The KWB Bank Index which tracks the stock prices of 24 leading banks has risen 30 percent this year and it’s at its highest level since 2008.
With the banks doing so well, why are House Republicans pushing so hard to make banks even more money on the backs of kids from working families who want to attend college? The answer is that every day in the Republican Party is a bank holiday.
House Republicans took a step last week to boost the fortunes of their banker backers even higher. The GOP House majority proposed changes for the college student loan program which is scheduled to expire July 1. The Republicans would allow the interest on student loans to double. This will mean even higher profits for the GOP’s banker backers. But it will end the hopes and dreams that thousands of young Americans and their families have for their future in the cut throat world economic competition.
President Obama made his case to stop the interest rate increases in a speech last Friday. The president supports a Senate Democratic plan that would freeze interest rates for 79 million students at 3.4 percent for 2 years. Congressional Republicans want to tie the interest rate to the cost of a 10 year Treasury note. The nonpartisan Congressional Budget Office estimates the House Republican plan would push interest rates to 5.0 percent next year and to 7.7 percent by 2018.
If Republicans get their way, increased interest rates for 79 million college students will mean a big payday for the financial industry next year and a another step down for middle income families. Millions of college grads are already up to their armpits in debt. The Republican plan would make it even harder for young college graduates to get up from under the crushing debt that they already face.
Chinese president Xi Jinping will be in the U.S. this week. His visit should focus the United States on what it needs to do to compete economically with the emerging industrial tiger.
The United States has fallen to 10th in the world in the percentage of people with a college degree. That may be why it’s much easier for people to advance economically in Western Europe than it is in the U.S. The Republican plan will push us down even further on the education ladder and give our economic competitors in the world a leg up. If we want to compete effectively internationally, we should do everything we can to get more young people into college instead of making it more difficult for them to attend college. College is the ticket young Americans need to punch to get the training they need to compete with China and other engines of international economic growth.
The U.S. should build on its strengths. We still have the best higher education system in the world. Hundreds of thousands of international students are currently enrolled in American colleges and universities to get the best college education in the world. We would be a lot better off if American students could afford to attend them too.
The GOP plan to boost banks at the expense of kids in working families mirrors the trends in the American economy at large. The Dow Jones Index, which measures the fortunes of corporate America on Wall Street, has hit record highs several times this year. While profits for corporate America have mushroomed, real income for middle class families has been stagnant. The Republican student loan program will accelerate an unfortunate trend that has enriched Wall St. and improvised middle class families who are working overtime just to meet ends meet.
By: Brad Bannon, U. S. News and World Report, June 4, 2013
“The Corruption Is Complete”: Where’s The Cop On The Wall Street Beat?
Bankers gone wild! Let’s tally some of their crimes:
JPMorgan Chase engaged in massive, systematic fraud to foreclose without cause or due process on innocent homeowners, tossing thousands of families into the streets.
Goldman Sachs profited by marketing an investment package that was designed to fail, collecting fat fees on each sale to unsuspecting investors who lost millions, while the bank also collected millions more from a side bet it made that, sure enough, its package would be a loser.
For years, HSBC has been butt-deep in a swamp of despicable, illegal money-laundering schemes, willingly processing billions of dirty dollars for vicious drug cartels and peddlers of arms to terrorist forces at war with America.
Many more examples abound. These are not poor saps desperately robbing a bank branch for a few hundred dollars, but criminal enterprises run by multimillionaire Wall Streeters who run in the finest social circles, are celebrated by the media and hobnob with the nation’s political elite.
Their corruption is complete; their crimes are documented. Yet, unlike sad-sack bank robbers, none of these Robbing Bankers have even been prosecuted, much less jailed. In fact, as revealed on PBS’s Frontline program earlier this year, frustrated prosecutors who served in the Justice Department’s criminal division two years ago report that “when it came to Wall Street, there were no investigations going on. There were no subpoenas, no document reviews, no wiretaps.”
Why is that? Where are the cops on the Wall Street beat?
Up in the suites, coddling the culprits, whom they know on a first-name basis. That’s because Attorney General Eric Holder and the chief of his criminal division, Lanny Breuer, have previously enjoyed lucrative careers as lawyers defending the very barons they’re now supposed to be prosecuting. Holder and Breuer both hail from the same Washington law firm, Covington & Burling, that specializes in representing corporate clients with legal issues at the Justice Department.
The moral here is clear: When engaged in high crimes, it literally pays to have friends in the highest places.
To transport them there, a secret cosmic door connects the parallel universes of Washington and Wall Street. It’s not the proverbial revolving door, but a wide-open passageway for easy flow back and forth — reserved for those in the know.
Lanny Breuer is one definitely in the know, passing with impunity from the job of defending Wall Street wrongdoers in cases before the Justice Department to being the department’s chief prosecutor of Wall Street wrongdoing.
Four years ago, he left Covington & Burling, where he represented Wall Street clients, to head the criminal division of Justice. Dismissing criticism that his long service to Wall Street banksters created an inherent conflict of interest with his new duty to the public, Breuer insisted that he’d be a better prosecutor “because of my deep experience in the private sector.”
That claim would’ve proven more convincing had he brought even a single case against the Wall Street executives who’ve been publicly exposed as self-enriching perpetrators of widespread fraud and other destructive financial crimes. But, no, not one.
Why? Call me cynical, but perhaps because he was using his four years at Justice to pad his résumé and enhance his value to Wall Street. Protecting bankers from prosecution could be a good career move.
No surprise, then, that Breuer headed back through that cosmic door, rejoining Covington in a specially created position to expand its role in defending corporate clients charged with foreign bribery, money laundering, securities fraud and such. “I’m a zealous advocate,” said the guy who studiously refrained from being a zealous prosecutor. “I look forward to being a zealous advocate for our clients again,” he added.
Sheesh, couldn’t he at least pretend to have some ethics? Instead, Lanny was relieved to be back on Wall Street’s side: “It’s my professional home,” he confessed.” Oh, did I mention that his starting salary at Covington will be $4 million a year?
By: Jim Hightower, The National Memo, April 10, 2013
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