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April 27, 2008

Wachovia Bank Pays One Fine, Under Several Other Investigations

When the somnolent regulators over at the regulator/cheerleader known as the Office of the Comptroller of the Currency (OCC) issue a civil penalty (OCC release) against one of the members of their country club --in this case, the nation's #4 bank, Wachovia -- think Halley's Comet, think hundred year flood, think Cubbies win the World Series -- you get the idea. Also think: who got there first and shamed the OCC into action? In this case, it was a Page One New York Times story nearly one year ago by Charles Duhigg, Bilking the Elderly, With A Corporate Assist. That story reported that at last one victim had been scammed as early as 2003, and that several banks had warned Wachovia since then that its accounts were being used to fleece their customers (our previous blog after release of "Yikes! Double Yikes!" Wachovia emails). As Duhigg reported in his story Friday on the settlement:

The bank's actions were "part of a pattern of misconduct" that resulted in Wachovia’s collecting millions of dollars in fees, regulators wrote. Wachovia has agreed to pay a $10 million fine, contribute $8.9 million to consumer education programs and make restitution to victims that could top $125 million. In a statement, the bank said this "situation was unacceptable and we regret it happened."
Meanwhile, however, we note the following: On Saturday, Evan Perez and Glenn Simpson of the Wall Street Journal broke a story that Wachovia Is Under Scrutiny In Latin Drug-Money Probe (pd. subs. req'd, so here's Reuters followup via New York Times). The WSJ reported that Wachovia and other banks:

severed relationships with Mexican foreign-exchange firms in December and January after authorities began their inquiries. Some have struck agreements with the government to improve their efforts to fight money laundering, avoiding prosecution.
The story goes on to say:
In 2005, [Wachovia] introduced the Dinero Directo card to facilitate cross-border remittances. The bank pushed into the business despite well-publicized concerns from U.S. law enforcement that such firms were sometimes used to launder drug money. Wachovia declined to discuss why it pursued this business despite the warnings. Internal emails and documents filed in federal courts in Miami, Chicago and New York describe former ties between Wachovia and money-changing firms.
Meanwhile, over at the Washington Post, nationally syndicated financial columnist Michelle Singletary reports in her story Prosecute the Mortgage Sharks that Maryland regulators continue to "aggressively" pursue a investigation against a Georgia business making questionable or predatory loans. That business, run by Frederick Lee but not licensed to do business in Maryland, had a significant relationship with Wachovia:
... Lee has continued to do business with banks and licensed mortgage brokers who fail to detect questionable actions by him and the people working for his companies. Last year, Wachovia, the fourth-largest U.S. bank, funded 196 loans totaling about $54.2 million that Lee brought to the financial institution, according to an e-mail sent to Lee by Scott Davenport, a former national account executive with Wachovia.
The story goes on to point out:
Davenport sent the e-mail several months after The Washington Post and other publications reported that cease-and-desist orders had been issued against Lee in Maryland and Georgia for originating loans without a license. Soon after I inquired about Wachovia's business transactions with Lee, Davenport was fired. Wachovia confirmed that Davenport was terminated but declined to comment why.
Of course, while Maryland can go after Lee and his associates, under the wrong-headed federal preemption regulations strictly enforced by the OCC as a higher law than breaking the law, only the OCC can investigate Wachovia. As one of Lee's associates texted Michelle Singletary: "we r federally chartered we don't have 2 follow state guidelines!"

2 bad 4 us that the big bnks & OCC r BFFs (Best Friends Forever).

Back to Duhigg: His story also points out that not everyone is happy with the OCC action, which requires bilked consumers to run through a complicated, if court-approved, rat maze to obtain restitution:

Under the terms of the settlement, victims will not automatically receive compensation from Wachovia. Instead, they will have to submit claims through a complicated bureaucracy. Because many of the victims are elderly or poorly educated, it is likely many of them will stymied by these obstacles, Mr. Markey said. In previous cases, the comptroller’s office, also known as the O.C.C., has mailed checks to victims of fraud, rather than requiring them to file claims. [Release from U.S. Rep. Ed Markey-D-MA: Weak Wachovia Deal Shortchanges Elderly Fraud Victims]
Duhigg also reports that a consumer class action against Wachovia continues. Meanwhile, over at the OCC, it's probably back to sleep until they get another news flash.

Posted by Ed Mierzwinski at April 27, 2008 07:26 AM


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