Category Archives: Regulations and regulators

Schadenfreude Alert: Has Departing SEC Enforcement Chief Robert Khuzami Become Damaged Goods?

Reader Mrs. G. took note of how Khuzami’s effort to defend his record in the National Law Journal backfired.

Will New Consumer Financial Protection Bureau New Rules for Struggling Homeowner Stop Predatory Servicing?

The Wall Street Journal gives a teaser, in the form of excerpts from a speech to be made later today, on new rules the Consumer Financial Protection Bureau will be implementing to regulate how servicers treat homeowners who become severely delinquent on their mortgages.

Marcy Wheeler: Once Again, Jamie Dimon Gets Special Treatment

By Marcy Wheeler. Cross posted from emptywheel

Yesterday, the Office of the Comptroller of the Currency issued two orders to JP Morgan Chase, one related to its London Fail Whale, the other related to failures in its Bank Secrecy Act/Anti-Money Laundering compliance.

More Whistleblower Leaks on Foreclosure Settlement Show Both Suppression of Evidence and Gross Incompetence

No wonder the Fed and the OCC snubbed a request by Darryl Issa and Elijah Cummings to review the foreclosure fraud settlement before it was finalized early last week. What had leaked out while the Potemkin borrower reviews were underway showed them to be a sham, as we detailed at length in an earlier post. But even so, what actually took place was even worse than hardened cynics had imagined.

Richard Alford: To Learn or Not to Learn, That is the Question

By Richard Alford, a former New York Fed economist. Since then, he has worked in the financial industry as a trading floor economist and strategist on both the sell side and the buy side.

The US has experienced numerous disasters both natural and man-made. Unfortunately, the authorities have not always availed themselves of the opportunity to learn from these episodes.

The CFPB’s New Stealth Usury Law on Mortgages and Why It’s Desirable

With the looming debt ceiling pigfight consuming a lot of financial media bandwidth, some important stories are not getting the attention they warrant. One is on the hard fought and finally settled qualified mortgage rules just finalized by the Consumer Financial Protection Bureau. Georgetown law professor Adam Levitin in a new post describes how the new QM rules are a defacto usury law for the 21st century. Despite his good discussion of the QM and the history of usury laws, however, he peculiarly does not explain why usury laws are a good thing. Perhaps it seems obvious, given the explosion of economically unproductive consumer debt since they’ve effectively been eliminated.

Let me give you the reason why well designed usury laws are desirable, then I’ll turn the mortgage-related issues specifically.

UBS Risk Management Fiasco Illustrates Hidden Big Bank IT Time Bombs

Yves here. One of the sources of risk in big and even moderately big banks that does not get the attention it deserves is information systems

Another Nightmare, “Zombie Title” Shows How Servicer Refusal to Foreclose Hurts Stressed Homeowners and Communities

One of the popular conservative memes is to fulminate that lots of Americans have been living “rent free” in homes slotted for foreclosure, taking advantage of the fact that court dockets are crowded. An important Reuters piece documents the flip side of this picture: what happens when the servicer starts foreclosure but keeps the property in limbo-land, and the homeowner has decamped, on the mistaken assumption that foreclosure was imminent? The Reuters tag phrase for this syndrome, “zombie title” doesn’t begin to do justice to the horrorshow that borrowers experience.

Former Deutsche Bank Employee Claims Bank Took Big Libor Bets During Crisis Because It Could Influence Rates

The Wall Street Journal has an exclusive story based on a whistleblower leak, apparently with supporting transaction records.

Schadenfreude Alert: With or Without AIG’s Help, Hank Greenberg Plans to Torture Treasury and Geithner

Never underestimate the greed of a billionaire. But I have to say separately that I will thoroughly enjoy the pigfight between former AIG chief Hank Greenberg’s C.V. Starr (now the biggest shareholder in AIG) versus the Federal government over the rescue of AIG. Any cost and embarrassment that the Administration suffers will be the direct result of the Bush-Obama policies of being concerned only about saving financial players rather than meting out any punishments, and for being incompetent negotiators.

Eric Zuesse: Obama Administration Lies, Then Covers Up, to Minimize BP Liabilities for Deepwater Horizon Disaster

By Eric Zuesse, an investigative historian and the author, most recently, of They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of CHRIST’S VENTRILOQUISTS: The Event that Created Christianity.

The National Oceanic & Atmospheric Administration (NOAA) of the Federal Government has refused to investigate why it vastly underestimated the amount of oil spilled in BP’s Deepwater Horizon huge blowout in the Gulf of Mexico, and thus refused to understand why the actual liability of BP will never be able to be estimated accurately, for calculating BP’s penalties and compensation-payments.

$8.5 Billion Foreclosure Fraud Settlement: Yet Another Loss for Homeowners Touted as a Victory

It’s bad enough to see long suffering homeowners take it once again in the chin, thanks to the way the bank regulators prostrate themselves before their supposed charges. It adds insult to injury to see this type of ritualized sellout yet again presented as a boon for consumers.

The latest case study is the $8.5 billion foreclosure fraud settlement announced today.

Yes, Virginia, the Department of Justice Really Believes It has Been Tough on Corporate Fraud

At the instigation of reader Doug, I’m shedding light on a remarkably flattering assessment of the Department of Justice, as revealed by a clearly planted story at the Law.com blog. It’s not so much that this article (as offensive as it is) important in and of itself, but it serves to illustrate the phenomenon that folks at te M&A boutique Lazard (when it was the top expert in CEO psychopathy) called “believing your own PR”. This sort of thinking bears examining because it is widespread in both Corporate America and within the Beltway.

Ian Fraser: Corruption allegations, major fraud inquiries, links to pornographic magazines … and a luxury yacht. Welcome to the world of banking

Police are (still) poised to press charges against several HBOS bankers and consultants after a two-year investigation into large-scale fraud, money laundering and corruption involving the Edinburgh-based bank.

Lazy Corporate Monopolies Are Why America Can’t Have Nice Things

Matt Stoller is a fellow at the Roosevent institute. You can follow him at http://www.twitter.com/matthewstoller.

Throughout much of the United States, cell phone service is terrible, just like broadband and banking services. This is a result of a lack of competition and increasingly poor regulatory policies.