With
OCC To Hand Out Fintech Bank
Charters NY Regulator Slams It
But Lets First Republic
Redline
By Matthew R.
Lee, Video,
7/31
story
NEW YORK, July 31
– The US Comptroller of the
Currency Joseph Otting, who
said he's never witnessed
discrimination and is poised
to attack
the Community Reinvestment
Act, today announced he'll be
giving out "fintech" bank
charters. CRA won't apply.
Instead, the announcement
vaguely says, "The
expectations for promoting
financial inclusion will
depend on the company’s
business model and the types
of planned products, services,
and activities." But what to
expect of the OCC of Otting?
When at OneWest, he arranged
for Astro-turf and even fake
public comments supporting its
acquisition by the CIT Group.
Later on July 31 New York
regulator Maria T. Vullo
issued this: "The New York
State Department of Financial
Services fiercely opposes the
Department of Treasury’s
endorsement of regulatory
‘sandboxes’ for financial
technology companies. The idea
that innovation will flourish
only by allowing companies to
evade laws that protect
consumers, and which also
safeguard markets and mitigate
risk for the financial
services industry, is
preposterous. Toddlers play in
sandboxes. Adults play
by the rules. Companies that
truly want to create change
and thrive over the long-term
appreciate the importance of
developing their ideas and
protecting their customers
within a strong state
regulatory framework. DFS also
strong opposes today’s
decision by the Office of the
Comptroller of the Currency to
begin accepting applications
for national bank charters
from nondepository financial
technology (fintech)
companies. DFS believes
that this endeavor, which is
also wrongly supported by the
Treasury Department, is
clearly not authorized under
the National Bank Act. As DFS
has noted since the OCC’s
proposal, a national fintech
charter will impose an
entirely unjustified federal
regulatory scheme on an
already fully functional and
deeply rooted state regulatory
landscape." Sounds good -- but
NYS DFS has for example
allowed First Republic Bank to
redline The Bronx, and hasn't
even confirmed receipt of a
timely comment opposing it.
We'll have more on this - and
on this: First Republic Bank,
which excludes The Bronx as
well as Brooklyn and Queens
from its assessment area while
funding outer borough
slumlords, has applied to New
York bank regulators to open
another branch in Manhattan.
Fair Finance Watch has filed
opposition, along with Inner
City Press, also citing FRB's
record of displacement in
California: On behalf of
Inner City Press / Fair
Finance Watch (ICP), this is a
timely comment opposing the
application by First Republic
Bank to open a new insured
deposit-taking facility at 329
Tenth Avenue, Borough of
Manhattan, City of New York
10001. First Republic Bank is
engaged in redlining. Its
branches in New York are
entirely in Manhattan, and
only in the most affluent
sections. It excludes from its
CRA Assessment Area, in their
entirety, the boroughs of The
Bronx, Brooklyn, Queens and
Staten Island. This is an
outrage, and that ICP had
thought was no longer allowed
by regulars. (ICP previously
challenged and got changes
such exclusionary Assessment
Areas at Bank of New York,
HSBC, predecessors of Bank of
America and others).
Cynically, while excluding the
outer boroughs from its
assessment area, First
Republic Bank does business
with landlords who have been
described as slumlords, such
as Moshe Piller. See, e.g.,
Daily News, “Moshe Piller,
owner of the Hunts Point Ave.
building in the Bronx
where two children died when a
faulty radiator spewed steam
into their bedroom.” (ICP
also takes
note of the
San Francisco
analysis of
its fellow
NCRC member
CRC). Fair
Finance Watch has reviewed
First Republic Bank's most
recent publicly available HMDA
data for the NYC MSA and, for
home purchase loans, find that
FRB made 283 such loans to
whites, and only three each to
Latino and African
American applicants. Its
denial rate disparity is
astronomical: 20% denial rate
for African American, less
than 1% for whites. Again:
First Republic Bank is a
redliner. For all of these
reasons, First Republic Bank's
applications should be
denied." We'll have more on
this - and this:
People's
United Bank,
which has
applied to buy
Farmington
Bank in
Connecticut,
has become
more and not
less disparate
in its
lending, as
shown by
analysis of
U.S. Home
Mortgage
Disclosure Act
data by Fair
Finance Watch
submitted to
the US Office
of the
Comptroller of
the Currency
by Inner City
Press in
opposition to
the proposed
merger. From
the timely
July 27
filing: "This
is a timely
first comment
opposing and
requesting an
extension of
the OCC's
public comment
period on the
Application by
People's
United Bank to
acquire
Farmington
Bank.
In the
the New York
City MSA in
2014, People's
United made 82
home purchase
loans to
whites and
NONE to
African
Americans or
Latinos.
We note that
People's has
been in these
markets since
2010 -- NOT
“recently” --
and that New
York City is
not the “Lower
Hudson Valley.
Then we found
that in 2015
in the New
York City MSA,
People's
United made
110 home
purchase loans
to whites and
only ONE to an
African
American and
only four to
Latinos.
In
2016, the most
recent year
for which HMDA
data is
publicly
available,
People's got
even worse: in
the NYC MSA it
made 144 home
purchase loans
to whites
(more than in
2015) and
still only one
to an African
American.
For refinance
loans in the
New York City
MSA in 2014,
People's
United made 24
loans to
whites, 1 to
an African
American and
four to
Hispanics. By
2016, it was
again worse:
165 loans to
whites and
only two to
African
Americans.
This is
systematic
redlining;
this proposed
acquisition
could not
legitimately
be approved
and People's
United should
be referred
for
prosecution
for redlining
by the
Department of
Justice and
CFPB.
People's
United record
is hardly
sufficient in
the Hartford
MSA where it
now proposes
to acquire
Farmington
Bank. In 2016
in the
Hartford MSA,
People's
United made
162 home
purchase loans
to whites and
only 10 to
African
Americans and
only 14 to
Latinos.
Again,
this is
systematic
redlining;
this proposed
acquisition
could not
legitimately
be approved
and People's
United should
be referred
for
prosecution
for redlining
by the
Department of
Justice and
CFPB.
In this
context, the
comment period
should be
extended so
that public
evidentiary
hearings can
be held, and
the
application
should be
denied." Bank
of America has been sued for
failure to maintain properties
it forecloses on in
communities of color.
Nationwide, the lawsuit
contends, 45 percent of the
Bank of America properties in
communities of color had 10 or
more maintenance or marketing
deficiencies, while only 11
percent of the Bank of America
properties in predominantly
white neighborhoods had 10 or
more maintenance or marketing
deficiencies. 64 percent of
the Bank of America properties
in communities of color had
trash or debris visible on the
property, while only 31
percent of the Bank of America
properties in predominantly
white neighborhoods had trash
visible on the property. 37
percent of the Bank of America
properties in communities of
color had unsecured or broken
doors, while only 16 percent
of the Bank of America
properties in predominantly
white neighborhoods had
unsecured or broken doors.
49.6 percent of the Bank of
America properties in
communities of color had
damaged, boarded, or unsecured
windows, while only 23.5
percent of the Bank of America
properties in white
neighborhoods had damaged,
boarded or unsecured windows.
In
Milwaukee, for example,
recently profiled in the book
"Evicted," the lawsuit cites
134 Bank of America REO
properties. Of these 134 REO
properties, 74 were located in
African American
neighborhoods, 21 were located
in predominantly Latino
neighborhoods, eight were
located in predominantly
nonwhite
neighborhoods, and 31 were
located in predominantly white
neighborhoods. 83.9% of the
REO properties in
predominantly white
neighborhoods had fewer than
five maintenance or marketing
deficiencies, while only 21.4%
of REO properties in
neighborhoods of color had
fewer than 5 maintenance or
marketing deficiencies. 78.6%
of REO properties in
neighborhoods of color had 5
or more marketing or
maintenance deficiencies,
while only 16.1% of the REO
properties in white
neighborhoods had 5 or more
marketing or maintenance
deficiencies. 8.7% of REO
properties in neighborhoods of
color had 10 or more marketing
or maintenance deficiencies,
while none of the REO
properties in white
neighborhoods had 10 or more
marketing or maintenance
deficiencies. Some including
the Fair Finance Watch notice
similar disparities in
Milwaukee when it comes to the
placement of the Bublr bike
share program. Maybe Bank of
America will want to put its
name on the disparate network,
as Citibank has in New York
with disparately placed
CitiBike.
At the UN
on June 4, when Citigroup
managing director Michael
Eckhart appeared, it was to
talk about renewable energy
with the UN Environment
Program. Inner City Press
asked Eckhart about
Citigroup's role in the Dakota
Access Pipeline.
He paused and
admitted it was a lender, than
said that the outcry against
the pipeline, on indigenous
human rights and other issues,
was entirely unexpected. He
said they had not protested
early enough. Video here.
But what about free prior
informed CONSENT? Is silence
consent? Or, as is too often
the case, is the UN a place of
hypocrisy?
As Inner City
Press has shown, UNEP paid
money to Volvo Ocean Races,
and appears to have engaged in
pay-for-prize with MoBikes.
Inner City Press also asked
about the UN bribery scandal
in which China Energy Fund
Committee - oil money - bribed
UN President of the General
Assembly Sam Kutesa, but CEFC
remains in special
consultative status with UN
ECOSOC. Video here.
We'll have more on this - and
on Citigroup. Watch this site.
***
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