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To Kill Community Reinvestment Act Otting Vows No Delay As His Staff Intimidate Groups

By Matthew Russell Lee, Patreon
Honduras - The Source - The Root - etc

Bronx / SDNY, Jan 23 –  With US Comptroller of the Currency Joseph Otting, himself shown to have use fake comments to get paid for selling OneWest to CIT, trying to manipulate the comment period on his proposal to further weaken the  Community Reinvestment Act, on January 22 he bragged that nothing will stop him.

  And in fact, he has deployed OCC staffers once viewed as benign to try to intimidate community groups which have opposed his plan. Inner City Press, denied documents by Otting under FOIA, has been contacted by dozens of groups. They say they have received "weird" calls from OCC staff, who grill them about their views and say they will not provide the notes of the conversations to them.

  The OCC staffers range from NIMBY Barry Wides to Tim Herwig, Denise Kirk-Murray and Norma Polanco-Boyd, among others. Even moderate groups are expressing disgust. But Otting is racing to beat the CRA - not only the Community Reinvestment Act, which he has hated since his OneWest days, but the Congressional Review Act. This is shameful. Inner City Press will have more on this.

  On December 16 Inner City Press / Fair Finance Watch filed a CRA protest with the FDIC to Flushing Bank's application to acquire Empire National Bank, see below. Since then it has commented to the OCC on Community Bank NA - so far without any action at all. The OCC under Otting is gutting the CRA.


  As if a parallel universe on December 12 in a badly-webcast FDIC meeting Director Jelena McWilliams said that where she was born there is a phrase about if you can't go to the Hill, the Hill comes to you - the reference was to Rep. Maxine Waters - the FDIC sold its credibility to Otting. And why then are the regulators like the FDIC, now with the connivance now only of the OCC but also CFPB, making it harder for the public to enforce CRA?

The Consumer Financial Protection Bureau under Kathy Kraninger issued 2018 Home Mortgage Disclosure Act data - with an interface without any racial or ethnic information unlike 2017 and every previous year, undermining the entire purpose of the HMDA law. See this page and this December 16 filing with FDIC, cc-ed to the CFPB:

December 16, 2019  Via e-mail

Federal Deposit Insurance Corporation Attn: John Vogel, Regional Director and Doreen R. Eberley, Jim Watkins, Robert P. Cordeiro, Scott D. Strockoz 350 Fifth Avenue, Suite 1200 New York, NY 10118-0110  

Re: Timely First Comment on Applications by Flushing Bank to Acquire Empire National Bank 

Dear Regional Director Vogel and others at the FDIC:  

This is a timely first comment opposing and requesting an extension of the FDIC's public comment period on the Applications by Flushing Bank to Acquire Empire National Bank.   

Flushing Bank in 2018, for race specified loans, made six times more loans to whites than to African Americans, entirely out of keeping with the demographics of its market.   

Compare the demographics of its lending to the geography: 68 loans to Queens, 35 in Manhattan, 27 in The Bronx, 35 in Manhattan, five on Staten Island and 24 in Westchester County.    

Inner City Press / Fair Finance Watch would like to and has a right to submit more detailed HMDA data. But for the record, the Consumer Financial Protection Bureau for 2018 data has unilaterally removed the ability of the public to view HMDA data by race on its website, which the FFIEC / Federal Reserve allowed in previous years and the CFBP did even in 2017.

Inner City Press / Fair Finance Watch contends that the CFPB's move is both anti-public and illegal.    

For further context, last week the FDIC opted in a party line vote to go with the OCC of ex-banker Otting which is trying to further weaken the CRA, and has already in rogue-like fashion barred the public from comment on charter conversion and even merger applications like that involving Chinatown FSB earlier this year.   

In this context, Inner City Press / Fair Finance Watch is demanding an extension of this comment period by the FDIC, its intervention with the CFPB to restore access on the website itself to 2018 HMDA data, a reversal of the FDIC's anti-CRA moves, and on the current record the denial by the FDIC of these application(s).  Thank you for your prompt attention, 
Matthew R. Lee
Inner City Press / Fair Finance Watch

cc's incl Brenda.Muniz [at] cfpb.gov

  Watch this site.

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