On
OCC Attack on CRA Even Bankers Say More
Analysis Needed As Gramm Chimes In
By Matthew
Russell Lee, Patreon
The
Source - The
Root - etc
Bronx / DC, Jan
15 – With
US Comptroller
of the
Currency
Joseph Otting
on December 12
formally
moving along
with the FDIC
to undermine
the
Community
Reinvestment
Act, now
with comment
period to March 9, on
January
14 a hearing
was held in
the House
Financial
Services
Committee -
about but
without
Otting, a
regulator not
only rogue but
also
reclusive. He
will appear,
it is said,
later in the
month.
And
in advance of
that, even the
bankers' trade
group Consumer
Bankers
Association
has written to
the House that
"More analysis
must be
undertaken
by
stakeholders
to better
understand the
impact the new
metrics that
will be used
to
measure
CRA activity
for individual
institutions
and the
communities
they can
serve.
It is crucial
that the OCC
and FDIC
engage
with
stakeholders
to carefully
analyze the
real impact of
the proposed
changes on CRA
deserts
and hot
spots, to make
sure that
sufficient
incentives are
provided to
induce banks
to serve
the
hard-to-reach
areas that are
most in need
of
investment."
Perhaps that's why
OCC has taken
to contacting
some groups
outside of the
too-short
formal
commenting
process. Will
such contacts
- some say
intimidation -
be subject to
FOIA, unless
Otting
undermines it
by imposing
outrageous
fees?
Former Senator
Phil Gramm has
chimed
in in the Wall
Street
Journal, linking
Otting's
proposal to a
movement to
free banks
to lend to
payday
lenders.
Indeed.
At the
January 14
hearing, Rep.
Pressley of Massachusetts,
for example,
pointed out
that under
Otting's and
the FDIC's
proposal, a
bank could get
CRA credit for
funding a
stadium and
jumbotron in low or
moderate
income area,
and other
forms of gentrification.
Too little,
however, was
said of
Otting's
attacks since
he took office
on the
enforcement
mechanism of
CRA: the
public comment
process on
proposed
mergers.
Otting has
denied access
to merger
application by
imposing
unheard of
fees, and has
refused to
consider
timely comments.
We'll have
more on this -
including in connection
with merger
comments just
filed, see,
below.
The
January 14
session was
entitled "The
Community
Reinvestment
Act: Reviewing
Who Wins and
Who Loses with
Comptroller
Otting's
Proposal;" it was held
in the Subcommittee
on Consumer
Protection and
Financial
Institutions.
See Periscope
video here
(including Inner
City Press /
Fair Finance Watch
live
comments.)
On January
11
Inner City
Press / Fair
Finance Watch
filed a CRA
protest with
the OCC to
Community
Bank NA's
application to
acquire Steuben
Trust Company:
"Dear
Deputy
Comptroller
Kiefer, Ms.
Cummings and
others in the
OCC, including
Barry Weides
(and Otting) --
This is a
timely first
comment
opposing and
requesting an
extension of
the OCC's
public comment
period on the
Application by
Community Bank
NA to acquire
Steuben Trust
Company.
This comment
is timely.
Community Bank
N.A. is
getting worse
and worse.
Even as
reflected by
the
too-limited
2018 HMDA data
available on
the CFPB's
website, in
New York State
in 2018
Community Bank
NA made 3636
loans to
whites - and
only FIFTEEN
to African
Americans, out
of proportion
to the
demographics
of its service
area and of
other lenders'
activities in
it.
Significantly,
while
Community Bank
NA in NYS in
2020
originated six
loans to
whites for
each of its
denials to
whites, for
African
Americans it
made only 1.66
loans to every
denial. See
attached, for
hte records.
CBNA is 3.6
times more
disparate to
African
Americans than
whites,
denying then
3.6 times more
frequently
than whites,
worse than its
peers
This
application
should be
denied. And
for the
record, the
CFPB's
elimination of
the HMDA
informaiton
that has been
available on
the FFIEC's
and even its
own website
for 2017 data
is part of the
destruction of
CRA and HMDA
of which the
OCC is a
part.
Also
for the
record, CBNA
is bragging
about closing
branches, to
investment
analysts:
"During
Community
Bank's
earnings
conference
call, CEO Mark
Tryniski
provided some
commentary on
the pending
deal:
[W]e're
thrilled to be
partnering
with Steuben
Trust
Corporation, a
$570 million
asset bank in
Western New
York. This is
a high-value,
lower-risk
transaction of
a solid
performing
in-market
institution.
We have
considerable
close
proximity
branch overlap
and so also
have
consolidation
opportunities."
Each
branch closing
plan must be
disclosed
before the
comment period
closes, and
public
hearings
should be
held.
In this
context, the
comment period
should be
extended so
that public
evidentiary
hearings can
be held, and
the
application
should be
denied." Watch
this site.
***
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