On
CFPB, Mulvaney
Dodges on
Equifax Probe
As Fee Gouger
Ameris Is
Challenged by
FFW
By Matthew R.
Lee
NEW
YORK, February
11 – When Mick
Mulvaney
appeared on
CBS's Face the
Nation on
February 11,
it was largely
about Rob
Porter, Trump
chief of staff
John Kelly and
the recent
budget deal.
But new host
Major Garrett
then turned to
Mulvaney's
"other job" at
the Consumer
Financial
Protection
Bureau, and
asked if
Mulvaney is
dropping the
investigation
into Equifax.
Mulvaney,
describing
himself as
lawyerly,
refused to
answer,
telling the 30
Senators who
have written
to him to wait
to see
Equifax' next
quarterly 10Q
filing with
the SEC. He
said he'll
enforce the
law, not make
it like
Richard
Cordray.
Garrett got
animated - to
make sure he
got called
"Major" and
not
"John."
Meanwhile the
bank with the
worst record
in the United
States for
gouging
consumers with
overdraft
fees, Ameris,
has applied to
the Federal
Reserve and
FDIC to buy
Atlantic Coast
Bank in
Florida, and
thereafter
Hamilton State
Bancshares. On
January 29,
Fair Finance
Watch filed
formal
opposition to
both with the
Federal
Reserve,
citing the
gouging,
Ameris'
disparate
mortgage
lending record
in Atlanta,
Georgia and
Florida, and
the Community
Reinvestment
Act. Inner
City Press has
requested
records under
the Freedom of
Information
Act. The Fed
acknowledged
the filing on
January 30 and
sent it to
Ameris' lawyer
Jody L.
Spencer at
Rogers &
Hardin, LLP.
On February 6,
the FDIC ruled
that it is a
formal
protest,
letter here
on Patreon.
And still no
response at
all from
Ameris, which
says it wants
to the deal(s)
done
fast...
From Fair
Finance
Watch's (and
Inner City
Press') filing
with the Fed:
"This is a
timely first
comment
opposing and
requesting an
extension of
the FRB's
public comment
period on the
Application by
Ameris Bancorp
to merge with
Atlantic Coast
Financial
Corporation,
and thereby
directly
acquire shares
of Atlantic
Coast Bank in
Jacksonville,
Florida. Fair
Finance Watch
has reviewed
Ameris'
lending in
2016, the most
recent year
for which Home
Mortgage
Disclosure Act
(HMDA) data is
available, in
both the
Atlanta and
the
Jacksonville
Metropolitan
Statistical
Areas (MSAs)
and finds both
to be
disparate. In
the Atlanta
MSA in 2016
for refinance
loans, Ameris
denied the
applications
of African
Americans 3.75
times more
frequently
than those of
whites. Ameris
made 152 such
loans to
whites, only
16 to African
Americans and
only eight to
Latinos. In
the Atlanta
MSA in 2016
for home
purchase
loans, Ameris
denied the
applications
of African
Americans 2.11
times more
frequently
than those of
whites. Ameris
made 582 such
loans to
whites, only
206 to African
Americans and
only 48to
Latinos. In
the
Jacksonville
MSA in 2016
for home
purchase
loans, Ameris
denied the
applications
of African
Americans 2.69
times more
frequently
than those of
whites. Ameris
made 203 such
loans to
whites and
only SEVEN to
African
Americans. In
the
Jacksonville
MSA in 2016
for home
improvements
loans, Ameris
made five such
loans to
whites and
none to
African
Americans or
Latinos. In
the
Jacksonville
MSA in 2016
for refinance
loans, Ameris
denied the
applications
of African
Americans 2.2
times more
frequently
than those of
whites. Ameris
made 100 such
loans to
whites and
only FOUR to
African
Americans.
This is
disparate.
Fair Finance
Watch also
reviewed
Ameris' home
purchase
lending in the
Tallahassee
MSA in 2016:
Ameris denied
the
applications
of African
Americans 3.78
times more
frequently
than those of
whites. Ameris
made 147 such
loans to
whites and
only FIVE to
African
Americans.
Ameris is
systemically
disparate.
Also for the
record, and to
be addressed
at the
requested
evidentiary
hearings:
“Georgia bank
socking
customers with
overdraft
fees,” Atlanta
Journal
Constitution,
January 3,
2017: “Ameris
Bank collected
the most
overdraft/insufficient
fund fees per
account of any
U.S. bank,
says the
analysis,
which is based
on federal
government
data from the
first three
quarters of
2016. Ameris
collected an
average of
about $176 per
account.. The
No. 2 bank on
the list of
the top 10
collected an
average of
about $131 per
account. The
national
average was
$17.76.”
This is
predatory.
Ameris gobbled
up
Jacksonville
Bank and now
seeks Atlantic
Coast. Would
branched be
consolidated
or closed?
This must be
addressed,
including at
the requested
evidentiary
hearings. We
note that
Ameris is
already trying
to look beyond
this
challenged
proposal, to
try to acquire
Hamilton State
Bancshares,
Inc. and
Hamilton State
Bank. We also
hereby oppose
that; the two
proposal
should be
consolidated
and hearings
held on both.
On the current
record,
Ameris'
application
should be
denied." Meanwhile, UN
Secretary
General
Antonio
Guterres says
he has a "zero
tolerance"
policy for
sexual
harassment,
and for
retaliation.
But his chief
of "Global
Communications"
Alison
Smale
argued that
all UN staff
including
victims should
"speak with
one voice"
which several
staff told
Inner City
Press they
took to mean,
Don't make the
UN look bad.
On February 6,
Inner City
Press asked
Guterres'
deputy
spokesman
Farhan Haq how
it was that
UNAIDS deputy
Luiz Loures
was "cleared"
of harassment
charges, "how
was the
decision made
within
UNAIDS?" Haq
said, "it was
immediately
referred to
the Office of
Internal
Oversight of
the World
Health
Organization."
UN
transcript here. Video
here.
[The
Guardian says
"OIOS," as in
the UN
Secretariat's
OIOS - which
is it?]. Inner
City Press
then
specifically
asked, "does
the director
of UNAIDS,
Michel Sidibé,
then make a
final
determination?"
Haq said, "It
has to follow
the
recommendations
by the
investigators,
in other
words, by the
World Health
Organization
investigators."
That does not
appear to be
the case:
Sibide, a
witness in the
case, is said
to have made
the decision.
How then could
Guterres says
he was
declaring
"zero
tolerance" at
his stakeout
with
pre-picked
questions on
February 2?
Inner City
Press first reported
about this UN
buck-passing
on sexual
harassment in
2008 (before
UN's
retaliatory eviction),
here:
"the
International
Computing
Center,
administered
by the World
Health
Organization
which has also
refused
questions.
This ICC, it
turns out,
does not
defend those
who work for
it. One ICC
technician,
faced with
sexual
harassment by
a high UN
official, was
told by the UN
in New York
that nothing
could be done,
to reach over
the Atlantic
to the
ICC.
There, the
answer was
that the ICC
does not
process, or
apparently
favor, such
complaints."
We'll have
more on this.UN
Secretary General Antonio
Guterres says he has a "zero
tolerance" policy for sexual
harassment. But his chief of
"Global Communications" Alison
Smale argued that all UN
staff including victims should
"speak with one voice" which
several staff told Inner City
Press they took to mean, Don't
make the UN look bad. Inner
City Press asked Guterres'
spokesman Stephane Dujarric
about it, despite getting cut
off (Vine here),
UN transcript here
and below, longer tweeted
video here.
Then on January 24, after
publishing the UN's troubling
finding of "mitigating
circumstances" for abuse and
payments to abuses, Inner City
Press asked Dujarric, UN
transcript here:
Inner City Press: The question
has to do with not about
policy the… the rights of
staff to speak but about the
UN's actual action on… on
cases of harassment.
There's a… there's this
document that's circulated to
staff about disciplinary
actions taken, and I… I saw it
yesterday, and I was pretty
surprised, because under the
rubric of abuse of authority,
harassment and discrimination,
it says, for example, a staff
member performed a sexual act
at the workplace in the
presence of… of
employees. Mitigating
factors included the staff
member's long service in
mission settings. And in
most… in many of these cases,
people are… are… even if
they're relieved from service,
they're paid
compensation. So, I
wanted to know, number one, is
there… have… have… the things
that are being said now, how
seriously the
Secretary-General takes… takes
such allegations, these were
from 2017, and so it seems
like there are cases of…
there's another case if you
want to… harassed an
individual… Spokesman: I
can't comment on the specific
cases you mentioned… Inner
City Press: Right. It's
not a leak. This is an
official disciplinary
document. Spokesman: I'm
not saying… I'm not going to
comment on specific cases,
because I don't have the
information in front of
me. There are
administrative rules and
procedures and an internal
justice system here, and we
are an organization of
rules. Those rules are
followed. What is
important is that everyone
understands that there is an
environment in which they
should feel comfortable and
empowered to come forward and
report cases of harassment or
abuse of power without any
fear of retribution.
That's the Secretary-General's
focus, to ensure that people
feel free to come up. We
are fully aware, like any
other organization, that these
issues are probably
underreported, because people
do not feel comfortable in
coming forward. Inner City
Press: But in… beyond
just coming forward, it seems
important what the UN actually
does. So there are
unwanted advances… mitigating
circumstances, payola to the
person… Spokesman: The
case… you know, there… you're
using. You're throwing
around terms. I mean,
obviously each case is looked
at. I'm not going to go
into the details of each
case." But it's not
hypothetical. From the UN's
transcript: Inner City
Press: I heard there was
a call about speaking with one
voice on sexual harassment at
the UN this morning. And
I wanted to… I guess I wanted
to ask you, because some staff
members have had a question,
this idea of speaking with one
voice, does it in any way
contradict the idea that staff
are free without speaking with
the same voice as the rest of
the UN, or is UN management to
speak to the press, is
there…Spokesman: There's
no… it's just to ensure… I
think it's important from a
communications standpoint that
all our colleagues are fully
aware of the current state of
play of rules and
regulations. I think
you're con… I don't know the
English word, but you're
mixing up the two. I'll
come… I'll come back to you."
This while a UN compendium on
the discipline it meted out
from 1 July 2016 to 30 June
2017, obtained by Inner City
Press and put online here,
cites "mitigating
circumstances"
including "long
service in
mission
settings"
for
harassment, abuse and public
sex, and provides those
accused with compensation From
the UN document: "A staff
member sexually harassed an
individual, who had worked for
an entity external to the
Organization and then joined a
United Nations agency, by
making unwanted advances,
sending improper messages of a
sexual nature and continuing
to attempt to contact the
individual. There were
mitigating circumstances.
Disposition: separation from
service, with compensation in
lieu of notice and with
termination indemnity.... A
staff member repeatedly and
inappropriately touched the
body of another staff member
who was working in a
subordinate position in the
office of the former.
Disposition: a fine of one
month’s net base salary and
separation from service, with
compensation in lieu of notice
and without termination
indemnity. A staff member
performed a sexual act at the
workplace in the presence of
employees of a contractor, and
in a second instance,
performed a sexual act in
public view. Mitigating
factors included the staff
member’s long service in
mission settings. Disposition:
separation from service, with
compensation in lieu of notice
and with termination
indemnity." This (mis) use of
mitigating factors hearkens
back to the just-previous head
of UN Peacekeeping, the fifth
of six Frenchmen in a row atop
DPKO, saying that peacekeepers
committed sexual abuse due to
a lack of "R&R," which
most in the UN(CA) press corps
ignored. On January 12
Guterres' spokesman Stephane
Dujarric had no comment at all
when Inner City Press asked
about the widely reported
sexual harassment allegations
against the deputy chief of
UNESCO, Frank La Rue. When
Inner City Press asked a
second time on January 17,
Dujarric said La Rue is no
longer in his position. But
what are the UN's policies,
now in light of the Guardian's
report and UN official Jan
Beagle's letter to the editor
about it? Inner City Press is
informed that on January 23
there was a UN wide conference
call on which two
contradictory positions were
expressed: let staff talk
freely to the media, or in the
alternative, "speak with one
voice," meaning control. Could
this be Guterres' "Global
Communications" strategy, a
continuation of censorship? On
January 22, Inner City Press
asked UN Spokesman Stephane
Dujarric, UN transcript here:
Inner City Press: as I'm sure
you know, Jan Beagle has
written to The Guardian about
the series about sexual
harassment. And, among
other things, she said,
unequivocally, the UN staff
are free to speak… free to
speak to the media, which, if
true, is a great thing.
I just wanted to ask you
about, there's a UN rule that
says that for statements or
announcements to the press,
permission is required, and
I'm aware of a number of
cases, but, for example, the
case of Emma Reilly in the UN
system at the Office of the
[United Nations] High
Commissioner for Human Rights
(OHCHR), she was explicitly
told that she could not speak
to the press. And I know
that because that was
explained to me and… so… so
can you just… what I want to
do, rather than…? Can
you make clear… if, in fact
you're announcing that staff
can speak freely and will not
be retaliated against, this
would be the time.
Spokesman: I
understand. Okay.
There are media guidelines in
which staff members are told
they can speak to the press in
their areas of
responsibility.
Obviously, I think it's clear
that they should tell… they
should do it in concert with
their supervisors. There
need to be some
coherence. But, I think
the larger point is, if a
staff member feels they have
been wronged, they have not…
they have exhausted every
avenue, they feel they live in
a climate of fear, the press
remains an outlet. Inner City
Press: I understand, as
whistle-blowers, there's all
kinds of rules of what… you
have to exhaust your ability
inside the system before you
speak, but that's not what Jan
Beagle told The
Guardian. She said staff
aren't… aren't prohibited at
all, and I want to read you
something that… that Emma
Reilly… this was quoted to
her. “As a conduct
provision, within the UN
system, it would not be proper
for international civil
servants to air personal
grievances or criticize their
organizations in
public.” And, obviously,
the type of harassment we're
talking about…
Spokesman: As I said,
there are media guidelines,
and, obviously as… I'll repeat
what I've said. If
people feel they've exhausted
every avenue and they need to
“blow the whistle” on a
situation, the press remains
an outlet. Inner City
Press: Right, but if
they get retaliated against,
can they hold up the letter
and…? Spokesman: We do
not want to have… We are
working, I think, with great
effort in ensuring that we
create an atmosphere in which
staff members are… feel they
can speak up to their
supervisors, to other outlets,
and report on harassment or
retaliation. That is our
focus. Yes, sir. " Back
on January 18, Inner City
Press asked Dujarric, UN
transcript here:
Inner City Press: the article
just came out, but it
describes some policies that I
think you could address.
One policy that it mentions is
that some UN agencies have a
six-month statute of
limitations on
complaints. Is that
something the
Secretary-General is
interested in changing, and
another… Spokesman: I
don't know which UN agencies
the article is referring
to. What is clear is
that the Secretary-General
wants to see, across the
board, in parts of the UN over
which he has no direct-line
authority — as you know, some
specialized agencies and
others, he has no direct
authority — but through the
Chief Executives Board, he
wants a harmonization and he
wants effective policies to be
put in place to ensure that
people feel free and
comfortable coming forward.
Inner City Press: How about
comfortable speaking?
One of the… one of… the
article says that… that… that
those interviewed spoke on
condition of anonymity, quote,
partly because they are
precluded from talking
publicly by UN rules governing
staff. Can you say from
this podium that UN staff are
free to speak to the press
about abuse they suffer within
the UN from superiors?
Spokesman: No one is
putting a gag order. I
don't… but you know,
obviously, those quotes are
anonymous quotes. I
can't address them. But
the whole point is to create
an atmosphere in which people
who have suffered harassment
or who are… feel comfortable
to come forward and speak and
comfortable enough without any
fear of retaliation, which
would be unacceptable. Inner
City Press: And the one last
thing, it talks about OIOS
[Office of Internal Oversight
Services] and… and
interviewing the wrong people
and bungling
investigations. And I
just wondered, since… I think
since Ms. [Heidi] Mendoza took
over, I haven't seen her have
a press conference, and I'm
just wondering if… on this
issue, if this issue is
important enough in order to
understand how investigations
are done. Spokesman:
Look, we will have people come
forward to talk about
investigations. I can't
speak for OIOS, but I know…
you know, I know as for… they
have been investigating these
cases, I think, 15 reports in
2016 and about 17… 18 in
2017." So he had those
numbers, if-Pressed. Inner
City Press asked, if UNESCO's
investigation finds the
allegations, including that
the victim had a mental
breakdown, are well founded,
should La Rue remain a UN
official? Periscope
video here.
Dujarric
had no comment. Here's
video of La Rue answering
Inner City Press' questions in
October 2016, saying he wants
"transparency in UN bodies."
Having heard nothing back from
Dujarric, despite sending him
a link about the La Rue case,
on January 17 Inner City Press
again asked Dujarric about it,
UN transcript here:
Inner
City Press: I'd
asked you, it was last week
about this Frank La Rue
complaint or case at UNESCO,
and so what is the position, I
understand that he's entitled
to due process…
Spokesman: "No, I think
you may… you may have seen
that UNESCO announced that he
was relieved of his… of his
post. Whether it's
administrative leave, I don't
know what the exact term is,
but he's no longer in that… in
that function. UNESCO
has its own investigative
mechanisms, which are fully…
fully under way. And
whether it's UNESCO or the
Secretariat, there's obviously
zero tolerance for… for sexual
harassment, and the case will
be… will be investigated."
We'll have more on that - and
this: throughout 2016 New
Zealand documentary maker
Gaylene Preston and her crew
staked out the UN Security
Council along with Inner City
Press, awaiting the results of
the straw polls to elected Ban
Ki-moon's sucessor as UN
Secretary General. Preston's
focus was Helen Clark, the
former New Zealand prime
minister then in her second
term as Administrator of the
UN Development Program.
Preston would ask Inner City
Press after each poll, What
about Helen Clark's chances?
Suffice it to say Clark never
caught fire as a candidate.
Inner City Press told Preston,
as did many other interviewees
in her documentary “My Year
with Helen,” that it might be
sexism. But it might be power
too - including Samantha
Power, the US Ambassador who
spoke publicly about gender
equality and then in secret
cast a ballot Discouraging
Helen Clark, and praised
Antonio Guterres for his
energy (yet to be seen).
Samantha Power's hypocrisy is
called out in Preston's film,
in which New Zealand's
Ambassador complains that
fully four members of the
Council claimed to be the
single “No Opinion” vote that
Clark received. There was a
private screening of My Year
With Helen on December 4 at
NYU's King Juan Carlos Center,
attended by a range of UN
staff, a New Zealand designer
of a website for the country's
proposal new flag, and Ban
Ki-moon's archivist, among
others. After the screening
there was a short Q&A
session. Inner City Press used
that to point out that
Guterres has yet to criticize
any of the Permanent Five
members of the Council who did
not block him as the US,
France and China blocked
Clark, with Russia casting a
“No Opinion.” And that
Guterres picked a male from
among France's three
candidates to head UN
Peacekeeping which they own,
and accepted males from the UK
and Russia for “their” top
positions. Then over New
Zealand wine the talk turned
to the new corruption at the
UN, which is extensive, and
the upcoming dubious Wall
Street fundraiser of the UN
Correspondents Association,
for which some in attendance
had been shaken down, as one
put it, for $1200. The
UN needed and needs to be
shaken up, and hasn't been.
But the film is good, and
should be screened not in the
UN Censorship Alliance but
directly in the UN Security
Council, on the roll-down
movie screen on which failed
envoys like Ismail Ould Cheikh
Ahmed are projected. “My Year
With Helen” is well worth
seeing.
***
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