Operation Choke Point 2.0

In 2012 the Obama administration launched "Operation Choke Point" ("OCP") which was designed to ensure banks considered the risk of banking payday lenders that were engaged in abusive practices. It sounded laudable enough, with the goal of OCP, according to federal officials, to combat fraud by preventing criminals from accessing financial services.

But what it turned out to be is nothing more than old fashioned thuggery where the government would use the safety and soundness mandate so their regulatory bodies could pressure financial institutions from doing business with disfavored industries.

What were disfavored industries? The FDIC's quarterly Supervisory Insights for Summer 2011 had a list! It has since been modified and the list removed because it was too obvious what they were doing. But here are some of the "high risk" industries on the list: ammunition sales, ATM operators, coin dealers, dating services, drug paraphernalia, firearm's sales, fireworks sales, home-based charities, lottery sales, pawn shops, payday lenders, pharmaceutical sales, racist materials, surveillance equipment, tobacco sales.

This was an obvious attempt to bully banks into making it so risky to do business with disfavored industries that many banks, under fear of enhanced regulatory scrutiny, stopped doing business with them. OPC formally ended in 2017. But the bad taste lingered.

So much so that the acting Comptroller of the Currency of the prior administration, Brian Brooks, proposed a rule in November 2020 that would forbid banks to blacklist legal industries. But in January 2021, the new OCC announced it would pause the "Fair Access" rule that was intended to prevent another Operation Choke Point. Because we are going after "climate related businesses." Again, legal businesses that are politically out of favor.

Imagine the community bank that is experienced in lending to fuel oil businesses in or near its markets because it's comfortable using trucks, tanks, and oil inventory as collateral. Now, under the guise of "transparency", mandatory disclosures, and risk mitigation regulators begin asking more and more intrusive questions about the banking relationship with these local fuel oil businesses. 

They find your underwriting or risk mitigation techniques deficient. Issue matters requiring attention in your exams. And although your loss experience has been very good with these businesses, you are finding it troublesome to continue to bank them. Or, minimally, you will have to increase their credit costs to make up for the added scrutiny you are required to give. So you back out. And other local lenders aren't anxious to take up the mantle and relive your experiences. This could put significant pressure on the local fuel oil companies so many residents rely upon. No matter. Climate risk.

Now, imagine there is a change in presidency. And the current president has his/her own industries he/she disfavors. And evolves from "climate risk" to [insert risk de jour]. I encourage you to read Jenna Burke of the Independent Community Bankers Association's piece on this issue in their latest Independent Banker magazine (link: Jenna Burke: Leading the climate risk charge – Independent Banker). Interesting was the section "Lack of Empirical Data." As if that matters. :) 

Even if you want banks to stop lending to the local fuel oil company, you must be able to see the predictable consequences of picking and choosing disfavored industries and then bullying banks through regulation to stop doing business with them.

Because the "climate risk" ruse is exactly that. Let bankers determine if lending to this industry or that is risky. Not politicians or bureaucrats. Because that, my readers, is the slippery slope to tyranny.

~ Jeff

Unintended Consequences of Aggressive Regulation

"In case you're looking for some light reading this weekend, FRB-Philadelphia working paper 21-08, Does CFPB Oversight Crimp Credit?" 

~ Robert Morro (@bmorro44)

So went a tweet from one of my Twitter connections. So I listened to him, and dialed up the FRB-Philadelphia WP 21-08. Forty three pages later, with formulas like:

CFPBLoanSharelt = αl + β · Postt + εlt

And a 27 page appendix with subtitles like:

Alternative difference-in-differences model

I got my answer.

Note that the study was limited to Federal Housing Administration (FHA) loans. For the uninitiated, an FHA loan is government-backed mortgage insured by the FHA. It is popular with first-time homebuyers, low to moderate income (LMI) homebuyers, and those with relatively low credit scores... as low as 500. It normally has a low down payment requirement, as low as 3.5%. You can see how it accelerates home ownership, which many economists and policy makers feel is critical to improving net worth.

The study analyzed FHA lenders that were subject to CFPB oversight, which were non-bank FHA lenders and bank FHA lenders with greater than $10 billion in total assets. The period analyzed was immediately prior to the commencement of CFPB oversight in 2011, and afterward. The study also analyzed the impact of the change in oversight intensity brought about by the 2016 election. 

Conclusions

The study revealed intended and unintended consequences. First, the intended consequence was that CFPB oversight is associated with improvement in mortgage servicing practices, leading FHA mortgages from CFPB-supervised banks to become less likely to transition from moderate to serious delinquency. Poor servicing practices were an important driver of the foreclosure crisis during the Great Recession; the study results suggest that tighter regulatory oversight may help reduce inefficient foreclosures during economic downturns. This is good.

There were two unintended consequences. The first was regulator arbitrage, where a bank decides to have an activity regulated by one entity rather than another because of the perception that the chosen regulator will be less risky to them. In this case, bank holding companies (BHC) with mortgage subsidiaries in the holding company had a tendency to put the mortgage sub under the bank where it would be regulated by the bank's primary regulator and not the CFPB so long as the bank was less than $10 billion in assets. If it was in the BHC, it would be a non-bank mortgage lender, and therefore subject to CFPB oversight, even if the bank was under the $10 billion threshold. Meaning: banks chose to avoid CFPB oversight.

The second, and presumably more actionable unintended consequence: Banks subject to CFPB oversight decreased FHA lending and replaced that activity with jumbo mortgage lending. To avoid the reputation and regulatory risk of doing FHA lending, banks chose to do less of it, and therefore reduced the amount of credit advanced to first-time homebuyers and LMI families. Jumbo mortgages are typically for larger homes for wealthier and more credit-established families. There was no conclusive evidence that non-bank FHA lenders and under $10 billion FHA bank lenders increased FHA lending to make up for the shortfall.

Let that sink in a bit.

Further, after the 2016 election, banks subject to CFPB oversight began anew with FHA mortgage lending. They must have perceived lower reputation and regulatory risk in doing so, and therefore came back into the market. 

This is actionable information for both lawmakers and regulators. Particularly given the aggressive rhetoric coming out of the new-teeth CFPB.

Maybe they should read the study. And modify their approach. One can hope. But as Red from Shawshank Redemption said:

"Let me tell you something my friend. Hope is a dangerous thing. Hope can drive a man insane."

Add FRB-Philadelphia WP 21-08 to your night time reading list!

~ Jeff

A Whale of a Tale: Enloe State Bank

 "The bank's on fire!" So said the panicked cleaning person that ran across the parking lot from the bank to the adjacent restaurant. "Call 9-1-1!"

The bank in reference was Enloe State Bank, a $37 million in total assets, one-branch bank based in Cooper, Texas, population 1,969. The fire happened on May 11, 2019 and came from their board room

(see pictures). On fire were documents requested by the Texas Department of Banking (TDB). Which made them suspicious.

Ya think?!

As suspected, the fire was purposefully set so the TDB couldn't get their arms around what was apparently going on.

And what was going on in this tiny enclave 80 miles northeast of Dallas that has four heads of cattle for every one person? Fraud. For over a decade.

According to the Office of Inspector General (OIG) In-Depth Review (IDR) of the incident:

"Enloe State Bank failed because the President and the senior-level Vice President perpetrated fraud by originating and concealing a large number of fraudulent loans over many years. ESB's President was a dominant official with significant control over bank operations and limited oversight by the Board of Directors (Board). The bank President used her role as primary lender, with inadequately controlled systems access, to originate millions of dollars in fraudulent agricultural and other commercial loans. She hid them from the Board and regulators with assistance from unnamed co-conspirators."

When the TDB shut them down and the FDIC investigators came in, they had to occupy the church next door because of the smell from the fire. Then they started contacting customers who unknowingly had loans. Pat Ainsworth was one such customer on the hook for a loan, $127,000 worth to be precise. Well, not actually Pat. The borrower was her dead husband. Who apparently rose from the dead two years after his death to sign loan documents.  

Since 2009, bank president Anita Moody had been booking fraudulent loans to do things like buy herself a Jeep, pay off her daughter's loan, and deposit money into her boyfriend's business account. And, it should be noted, in ponzi scheme like format, booking loans to pay for other fake loans so they wouldn't go delinquent. Over 100 loans totaling over $11 million for over a decade. 

The OIG used the term "dominant official" 64 times in the IDR. According to the FDIC, a dominant official:

"A dominant official or policymaker is defined as an individual, family, or group of persons with close business dealings, or otherwise acting in concert, that appears to exert an influential level of control or policymaking authority, regardless of whether the individual or any other members of the family or group have an executive officer title or receive any compensation from the institution... [A] dominant official is often found in a "One Man Bank" wherein the institution's principal officer and shareholder dominates virtually all phases of the bank's policies and operations. However, a dominant official can be found at institutions of various sizes, structures, and without regard to organizational charts."

 The FDIC issued this guidance in June 2011. The first Report of Examination (ROE) mentioning the presence of a dominant official at Enloe was in 2018. Moody had worked at the bank her entire adult life, having started there in 1978 while still in high school. She became president in the mid 2000's, and owned a near 25% stake in the bank. She also controlled IT access, and various other duties customary in a small bank with eight employees. Certainly enough to be considered a dominant person.

But she had help. In August 2020 the bank's vice president, Jeannie Swaim also pleaded guilty to a bank fraud charge, admitting to creating fictitious loans to channel over $400,000 to her husband over a period of five years.

The OIG was critical of the TDB and the FDIC for how long it took them to uncover the relative level of loan fraud. In the examinations done by both regulators between 2013 and 2018 the bank received a composite CAMELS rating of either a "2" or a "1". They received the "close 'em down" CAMELS rating of "5" only after Moody went all pyromaniac in her board room. A blinking red light to say the least. 

For her actions, Moody agreed to pay back the over $11 million she stole, and to spend seven years in federal prison. Where she can be the "dominant official" in her cell.

 True story.

~ Jeff

For more reading on Enloe State Bank:

OIC: https://www.fdicoig.gov/sites/default/files/publications/EVAL-20-007_0.pdf?source=govdelivery&utm_medium=email&utm_source=govdelivery

Fox News: https://www.foxnews.com/us/texas-bank-ex-president-11m-embezzlement-fire

Fort Worth Star Telegram: https://www.star-telegram.com/news/business/article245687185.html

Dallas Morning News (2019): https://www.dallasnews.com/business/banking/2019/07/20/fire-and-fraud-the-mystery-of-a-small-texas-bank-that-became-the-nation-s-first-failure-in-years/

Bank Cash Forecasting: Pandemic Edition

My friends at CFO Consulting Partners most recent newsletter included timely and helpful tips on re-forecasting your cash, which is suddenly incredibly important, particularly in financial institutions that entered the pandemic with relatively lower amounts of liquidity.

Cash Forecasting

by Rob Milrod, Director, CFO Consulting Partners (rmilrod@cfoconsultingpartners.com)

Cash forecasting, always important, becomes even more highly critical during times of economic disruption. Here are some key points to consider for an effective process:

1. Use a segmented approach to avoid over forecasting cash inflows. Consider customer segment, size, and seasonality - tax time could drive slower payment behavior for all types of clients.

2. Experiment with data that helps differentiate slower payers, e.g. credit ratings, industry, etc., to inform the forecast and contribute to faster collections.

3. Test solutions that help manage the lag between payments and collections; For example, tying accounts receivable team compensation to timely invoice issuance, offering discounts to slower paying customers for prompt payments, and perhaps requiring a partial upfront deposit from customers who regularly pay late.

4. Organize the forecasting approach and outputs in a consistent manner so that the accuracy of prior forecasts can be assessed. and so that it's clear where to adjust management's estimates.

5. For cash outflows, communication across the management team can make or break this process. Especially in a start-up where monthly spend patterns based on history are not available, there is no steady state to rely on. Management team members should regularly discuss and consolidate their outlooks for daily cash receipts and disbursements.

6. Start with prior bank statement activity to come up with typical monthly recurring items.

7. Map key bank statement items to actual expense so that the expense patterns in business plans and budgets can provide context for the cash forecast.

8. Identify cash items already expensed and therefore not in management's outlook, as well as future capital outlays. 

9. A detailed aging, accounts payable for outflows and accounts receivable for inflows, is a ready source of information for future cash flows and is extremely helpful in cash forecasting.   

10. Take into account any cash flow benefits from the new Coronavirus Aid, Relief, and. Economic Security Act.

Pandemic: No Problem. And Messages From Our Financial Services Providers

Here is what my family is doing to reduce the risk of contracting or spreading coronavirus:

1. Washing hands with greater discipline for 20 seconds per wash. Which is difficult. I'm singing the "Baby Shark" song.

2. Daily disinfecting of frequently touched surfaces such as phones, keyboards, handles, etc.

3. Coughing and sneezing into our elbows.

4. Trying desperately to not touch our faces. Do you know how hard this is?

5. Following CDC guidelines and state recommendations to reduce risk, such as not attending large gatherings. The NHL made that difficult Flyers-Wild game decision for me. Hoping to get tickets for another game.

6. Towelette wipe down of seating area when I fly.

7. Sign up for my health plan's virtual doctor visit portal. In case we need it.

Here is what we are doing to support local businesses:

1.  Keep going to them.

2.  Order online, as most restaurants will either deliver or prepare for pickup.

3.  Highlight brands that are supporting their hourly employees even in lieu of significantly declining revenues.

4.  Highlight charities and wealthier individuals that are supporting the same, such as Kevin Love of the Cleveland Cavaliers donating $100,000 to support arena workers.

5.  Not sniping at politicians because I disagree with them.

6. Not hoarding.

Here are some messages that I have received from various financial firms regarding coronavirus preparedness. Perhaps your pandemic response team would be interested.

Stay safe out there and don't panic!

Genworth

Dear Valued Policyholder:

As COVID 19 (the coronavirus) dominates the news and the stock markets have large movements from day to day, we at Genworth want to reassure you that our associates are well positioned to continue our long tradition of being there for our policyholders regardless of social and economic conditions.

We have proactively taken steps to make sure that our associates are safe, our call centers staffed, and our processing teams are able to function. We have implemented employee travel restrictions, provided associates with tools and technology and have encouraged them to work from home, conducted a deep cleaning of all Genworth facilities and revised our time off and FMLA policy. These changes provide our associates with the flexibility to adapt their schedules to meet our business obligations and limit any service interruptions.
 
Genworth’s high commitment to serving you includes a robust self-service opportunity MyGenworth available 24/7. To sign up, click: https://www.genworth.com/login.html. With MyGenworth, you can obtain current policy status and perform routine policy updates such as address changes and beneficiary updates. Additionally, we encourage you to consider signing up for Electronic Funds Transfer (EFT) for your on-going premium payments as well as policy benefit payments you receive from us on a routine basis. You will find the necessary authorization information under the “Billing and Payments” section on MyGenworth. 

To help you stay healthy and take care of yourself we are sharing some useful third-party resources.

https://www.nahc.org/resources-services/coronavirus-resources/
 
https://www.cdc.gov/coronavirus/2019-ncov/index.html
 
We realize times like these can be unsettling, rest assured we are ready to serve you and value your business.
 
Sincerely,

David O’Leary
CEO, President, U.S. life insurance division

MassMutual

Market Volatility and Your Workplace Retirement Savings     Recent volatility within U.S. and global markets brought on by global health concerns has been historic and unsettling. You're not alone if you have concerns or questions about your retirement savings and investments during current market conditions.           MassMutual is committed to providing you with the power of perspective to help you navigate through these uncertain times.           Things to consider       •   Keep calm. It's not easy, but keep in mind that after downturns, history has shown that markets have recovered and delivered gains in the long-term.           •   Revisit your goals and stick to your plan. Be sure to review your goals and keep your individual needs, risk tolerance and time horizons in mind before making changes to your investment strategy.           •   Stay informed. For up-to-date economic insights and analysis, see MassMutual's regular market commentary.           During market swings, it can be helpful to remember that a diversified and balanced portfolio may be a good defense for downturns and can help position you for potential market recoveries. We're here to help you – so be sure to check out our resources and tools to learn more. Please consider your goals, needs, risk tolerance, and time horizon before making any investment decisions – and consult with your financial adviser if needed.

© 2020 Massachusetts Mutual Life Insurance Company (MassMutual®), 1295 State Street, Springfield, MA 01111-0001. All rights reserved. www.MassMutual.com.   We hope you found this message useful. However, if you'd rather not receive future marketing emails from MassMutual, please unsubscribe. Replies to this address are not monitored.

BB&T/Truist

You're a valued member of the Truist family, and nothing is more important to us than your health and safety.

As the spread of coronavirus, known as COVID-19, continues to be a growing concern across the country, we’re taking extra precautions to protect you, our teammates and the communities we serve. Our Executive Leadership and business readiness teams are monitoring the situation and are in close contact with health authorities, including the Centers for Disease Control and Prevention (CDC), to ensure we’re acting on the latest guidance and information.

We’re Here To Help

If you're negatively affected by the coronavirus situation, we’re here to help. Our branch bankers, relationship managers and contact center teammates are all committed to working with our clients to reduce financial stress during this challenging and uncertain time.

Contact Information:

BBT.com

Find up-to-date branch hours and other information to manage your accounts

800.BANK.BBT | 800-226-5228

Account information is available through our automated phone system 24/7.

As we assist clients and businesses who may be affected by the coronavirus situation, we're also listening and learning from those conversations to help us evaluate and possibly implement additional client relief measures as they emerge.

We invite you to use our convenient digital banking channels and phone banking options to conduct your banking transactions, and when in doubt, always feel free to contact your relationship manager or local branch.

What Our Company Is Doing To Help

• Increasing our focus on disinfecting surfaces including ATMs, teller line areas, elevator touchpads, door handles and other high-touch areas • Increasing the number of hand sanitizing stations available in our branches and offices • Asking teammates who are sick to stay home until they are well • Asking teammates who have recently returned from any high-risk country on the CDC’s Coronavirus Disease Travel Information website, or who live with someone who has recently traveled to one of those identified regions, to self-report to their manager and work from home for at least 14 days • Suspending international air business travel and limiting nonessential domestic business air travel for our teammates • Conducting group meetings by phone or other digital means

Keeping You Informed

We’re committed to keeping you informed through this rapidly changing situation. As it evolves, you can always find the latest information here on Truist.com. Please do not hesitate to contact us if we can be of assistance with any of your banking needs.

For the latest information about COVID-19, please visit cdc.gov or your local health department website.

Navy Federal Credit Union

An Update for Our Members

The spread of the Coronavirus (COVID-19) has all of our attention. I wanted to let you know your Navy Federal Credit Union family is doing everything possible to keep our employees and you, our members, safe while delivering the best member experience possible. What We’re Doing We’re monitoring and following all guidance from the Centers for Disease Control (CDC), including taking the steps necessary to reduce the threat of COVID-19 exposure to employees and members. Our branches remain open to serve you. We have an extensive cleaning procedure in place and can conduct additional cleanings if needed. Some locations have had their hours adjusted as a result of local conditions. For the latest updates on branch hours, you can visit our Branch Closures & Updates page on our website. Our team members are also being reminded to ensure their hands are regularly washed or sanitized. Steps You Can Take Our commitment to world-class, 24/7 member service remains fundamental to our mission. Our digital banking tools are designed to be easy to use. Whether you’re paying a bill through the Navy Federal website, depositing a check, checking an account balance or transferring money using our mobile app, our goal remains empowering you to conduct your business quickly and easily. If you need to access cash, we have more than 700 Navy Federal ATMs around the world, and you have free access to another 30,000 ATMs in the CO-OP Network®. You can find your nearest ATM here. Our Mission Despite the threat posed by COVID-19, your Navy Federal team remains committed to serving you and your families. You are our members, part of our family, and together we will get through this situation. Sincerely, Mary McDuffie President/CEO Navy Federal Credit Union

Radius Bank

A message from Radius Bank on COVID19  

Like you, the team at Radius Bank is monitoring the latest news about the Coronavirus. As a valued client, we understand your concerns and the uncertainty you may be feeling at a time like this.

We wanted to remind you that Radius is a leading-edge digital bank prepared to handle situations such as this, and as a Radius client, you can handle all your banking needs at anytime, anywhere from your computer or mobile device. Our convenient digital tools give you 24/7 access to your accounts.

Once signed in, you'll be able to:

• View transactions and check balances
• Make payments
• Make a mobile deposit (from the mobile app only)
• Transfer funds
• Update your contact information
• See your account and routing number
• Find an ATM
• Send us a secure message

Make sure you have the correct website address bookmarked and the most updated version of our mobile app by following the links below:

Personal Account Clients

• Enroll in Personal Online Banking
• Download the Radius Mobile app

Business Account Clients

• Contact us to enroll in Business Online Banking
• Download the Radius Business app

We're Here to Help!

Questions?

• Visit our FAQ page
• Start a live chat on our website
• Give us a call at 1.800.242.0272 – you can activate your debit card or reset your PIN, check your balances, hear recent transaction history, and transfer funds all from our automated system, as well as speak with a representative
• For our business/commercial banking and lending customers, you may also contact your portfolio or relationship manager

As always, the health and well-being of our customers and team members is our top priority. We will continue to monitor this situation and will be available to assist our clients as needed.

Please visit radiusbank.com/readiness as the situation evolves for the latest updates.

For additional information about COVID-19, visit the Centers for Disease Control and Prevention at CDC.GOV.