While
OCC Covers Up Sterling's CRA Scam,
Otting Nominated as Head,
OneWest AstroTurf
By Matthew R.
Lee, New
Platform
NEW YORK, June 5
– Amid the scandal of the US
Office of the Comptroller of
the Currency covering up
Sterling National Bank's
unreliable Community
Reinvestment Act data by
quickly issuing a Satisfactory
CRA rating, on June 5 a new
head of the OCC was nominated:
Joseph Otting, previously of
OneWest Bank. While at
OneWest, as reported by Inner
City Press in 2015, Otting was
best know for trying to get
his own employees, fundees and
investors to submit comments
to the OCC to support
OneWest's purchase by
CIT. Click here.
Otting wrote: From: Otting,
Joseph M [at] owb.com
Sent: Wednesday, January 07,
2015 5:00 PM
Cc: Haas, Alesia Jeanne; Tran,
Cindy; Kim, Glenn
Subject: Support For OneWest
Bank
Dear Friends,
We were excited to announce on
July 21, 2014, that IMB HoldCo
LLC, the parent company of
OneWest Bank entered into a
merger agreement with CIT
Group Inc. As part of the
applications for regulatory
approval of the transaction,
our regulators are interested
in the perspectives of the
public. We are writing you to
seek your support of the Bank
and pending merger. This
merger, if approved, would
create the largest bank
headquartered in Southern
California with a full suite
of banking products and
services, which will allow us
to better serve our customers.
We would retain and grow jobs
and are committed to
continuing and expanding our
efforts to serve the economic
and development needs of our
community. I would like to ask
you to take a moment to click
on the link below and submit a
letter of support adding any
of your own words or thoughts.
Please submit your letter by
clicking here, or by visiting
our website at
www.OneWestBank.com/merger-support
(if the link isn't clickable
or part of the link is cut
off, please copy and paste the
entire URL into your browser's
address bar and press Enter)
Thank you for your
support. Best wishes for
a successful 2015 and please
call on me if I can ever be of
assistance.
Joseph M. Otting
President and CEO
OneWest Bank N.A.
888 East Walnut Street
Pasadena, CA 91101
We'll have
more on this. Sterling Bank,
which is applying for
approvals to acquire Astoria
Bank, is known by its
regulators to have filed
unreliable Community
Reinvestment Act data from at
least 2014 through 2016, a document
obtained by Inner City Press
shows. The story, and outrage,
has been picked
up by the American
Banker newspaper here,
by Paul Davis and Allison
Prang, crediting Inner City
Press - and Sterling Bank had
no comment. Instead,
Sterling's outside counsel
Wachtel Lipton chose to
snail-mail its response to the
wrong address, and not e-mail
it to Fair Finance Watch. Via
here,
with envelope re-submitted to
Fed and OCC. This while the
Federal Reserve has granted
Inner City Press' request for
expedited treatment of its
FOIA request for all records,
promising the responsive
documents by June 1. But now
the Fed, in a June 1 letter,
has unilaterally extended its
time to June 22: "Dear Mr.
Lee, This correspondence is to
provide you with an update on
the status of your FOIA
request. The search for
records is being completed and
staff is beginning to review
the search results for
responsiveness and
releasability. We will
continue to process your
request as quickly as
possible. Accordingly,
the Board hopes to be able to
respond to your request, or
provide a status update, on or
before June 22, 2017.
Very truly yours, Jeanne M.
McLaughlin Manager, Freedom of
Information Office." Why
expedite and then extend? Why
did the OCC rush a cover-up
"Satisfactory" rating? We'll
have more on this. First Fed
letter on Scribd, here.
Regulators
Said Sterling's CRA Data Unreliable,
Sterling Mis-Sends Response, Fed
Expedites ICPs FOIA, Here by Matthew
Russell Lee on Scribd
Fair
Finance Watch has asked both the Fed and
OCC to extend their comment periods past
this date. Watch this site. Sterling has
issued
a press release ("covered" without any
analysis by Reuters)
that "the Federal Reserve inadvertently
made public confidential supervisory
information.. Because of the legal
constraints relating to disclosure of
confidential supervisory information, we
are working closely with our regulators
to craft a more detailed public
response." Sterling is working WITH the
regulators - the judges in this case -
to spin its inaccurate data? After on
its last acquisition, challenged by ICP,
having to make a CRA compliance plan?
Inner City Press has submitted Freedom
of Information Act requests (a response
here)
and Fair Finance Watch has filed
additional comments to the Federal
Reserve and OCC, demanding public
hearings into the unreliable data AND
into how the regulators were dealing
with (or covering up) the issue, in
stealth. We'll have more on this: the US
Federal Reserve denied Fair Finance
Watch's request to extend the comment
period on Sterling's application, in
which even the Fed suspects there is
incorrect CRA data.
On May 11, the
Federal Reserve Bank of New
York along with questions
about about branch closures
and a CRA plan required after
Fair Finance Watch's previous
challenge to Sterling asked:
"In a letter dated December
23, 2016, from the OCC to
Sterling Bank regarding the
OCC's data integrity review,
the OCC stated that Sterling
Bank's 2014-2016 CRA data is
not reliable and that Sterling
Bank lacks an effective
process for collecting,
verifying and reporting such
data. To the extent that any
of the CRA data in the notice
is incorrect, submit the
corrected data. In addition,
describe Sterling Bank's
efforts to address its CRA
data compliance management
deficiencies."
So on April 26 in
Sterling's analysts' call, did
CEO Jack Kopnisky or Senior
EVP Luis Massiani disclose the
“unreliable” CRA data to,
among others, Dave Bishop –
FIG Partners, Casey Haire –
Jefferies, Alex Twerdahl –
Sandler O'Neill,, Collyn
Gilbert – KBW, Matthew Breese
– Piper Jaffray and Erik Zwick
– Stephens Inc? Questions
about this deal (here)
and the Fed's commitment to
public scrutiny are raised by
its simultaneous denial of
FFW's request for a hearing
and to extend the comment
period. There is no indication
that the "corrected" CRA data
would ever be made available
to the public, or that this
issue would not have been
swept under the US bank
regulators' carpet, like so
many others. We'll have more
on this.
Regulators
Say Sterling Bank's CRA Data
Unreliable, Astoria Merger Document
Shows, Here by Matthew
Russell Lee on Scribd
Background: after Astoria
Bank's protested
proposal to be acquired by New
York Community Bank fell apart
in late 2016, it found a new,
equally controversial suitor:
Sterling Bancorp. Now Fair
Finance Watch has submitted a
first Community Reinvestment
Act challenge to the proposed
merger, receipt of which the
Federal Reserve has now
confirmed, here.
Inner City Press' summary of
FFW's filing: "Dear Chair
Yellen, Secretary Misback and
others in the FRS: This is a
timely first comment opposing
and requesting an extension of
the FRB's public comment
period on the Application by
Sterling Bancorp, Montebello,
New York (“Sterling”) to merge
with Astoria Financial
Corporation, Lake Success, New
York, and indirectly acquire
Astoria Bank (“Astoria”).
This would be a combination of
banks with disparate and in
places highly irregular Home
Mortgage Disclosure Act
(“HMDA”) data. The proposal is
the desperate result of the
failure of Astoria's attempted
merger with NYCB. That is no
reason to approve this
mis-conceived combination. The
applicant's Sterling National
Bank (“Sterling”) in the New
York City MSA in 2015 for
African Americans for home
purchase loans denied the
applications of African
Americans 3.58 times more
frequently than those of
whites - much worse than other
lenders. Sterling made only 22
such home purchase loans to
African Americans, versus 495
to whites (and only 37 to
Latinos) - again, much more
disparate than other lenders.
This bank should not buy
Astoria. Remember: in the
Nassau Suffolk MSA in 2013,
Sterling made 149 home
purchase loans to whites – and
only one to an African
American. For home improvement
loans, Sterling made 30 to
whites, none to African
Americans. Taken together,
this is unacceptable. The
comment period should be
extended to clarify – or
refile – the HMDA data;
evidentiary hearings should be
held; and on the current
record, the application should
not be approved.
For the record, the CRA plan
required after Fair Finance
Watch's previous protest, we
contend has not been complied
with, and request evidentiary
and public hearings on that
basis.
Also for
the record: 'The
NYCB-Astoria Financial Merger
is Kaput: Consumer advocates
were among the groups that
opposed NYCB’s acquisition of
Astoria…'"
In
January, disparate lender
Investor Bancorp, on which
Fair Finance Watch previously
got a condition imposed saw
its proposal with Bank of
Princeton fall apart.
There's
also Capital One - Cabela, on
which Inner City Press
commented: "In the New York
City MSA in 2015, the most
recent year for which HMDA
data is available, for
conventional home purchase
loans Capital One denied the
applications of whites 23% of
the time, while denying
African Africans fully 45% of
the time, and Latinos even
more, 46% of the time. This is
unacceptable.
Meanwhile, Capital One
is “closing branches in
Laurel, Gaithersburg,
Frederick and Merrifield.”
Capital One came back with
snark, as has Simmons National
-- but then announced
including to NCRC that
it will withdrawn its
application. Onward.
***
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