Daily Archives: June 30, 2014

From PhishLabs Security Operations to Indybay.org

Here is the voice mail message:

https://www.indybay.org/uploads/2014/06/28/instructions_for_fabricating_foreclosure_documents.mp3

Indybay.org:

Voice Message
From +1 304 951 0269
6/12/14

From: soc [at] phishlabs.com
To: sfbay [at] indymedia.orgsfbay-web [at] lists.indymedia.org
Subject: [PL-182025] Confidential material on your site – hXXp://http://www.indybay.org/uploads/2014/03/22/wells-fargo-foreclosure-manual.pdf
Date: 6/12/14

Our company investigates computer crime incidents on behalf of banks and other companies.

We have discovered that your web site, http://www.indybay.org , is hosting material that is confidential in nature and bears the Wells Fargo name without authorization.

hXXp://http://www.indybay.org/uploads/2014/03/22/wells-fargo-foreclosure-manual.pdf

We kindly request that you remove this material as soon as possible.

If you believe we have contacted you in error, or if we can provide any assistance with this incident, please contact us and let us know.

Thank you for your assistance with this matter,

Eric George
PhishLabs Security Operations
soc [at] phishlabs.com
+1.202.386.6001
http://www.phishlabs.com/

From: soc [at] phishlabs.com
To: abuse [at] telx.comipadmin [at] telx.comsfbay [at] indymedia.orgsfbay-web [at] lists.indymedia.org
Subject: [PL-182025] Unauthorized Material on your website: indybay.org / 192.235.78.70
Date: 6/25/14

Hello,

Our company investigates computer crime incidents on behalf of banks and other companies.

We have discovered that your web site, http://www.indybay.org , is hosting material (PDF file) that is confidential in nature and bears the Wells Fargo name without authorization.

Link to content:
http://www.indybay.org/uploads/2014/03/22/wells-fargo-foreclosure-manual.pdf
IP: 192.235.78.70

We kindly request that you remove this material as soon as possible.

If you believe we have contacted you in error, or if we can provide any assistance with this incident, please contact us and let us know.

Thank you for your assistance with this matter.

Regards,

Marnie King
PhishLabs Security Operations
soc [at] phishlabs.com
+1.202.386.6001
http://www.phishlabs.com/

From: soc [at] phishlabs.com
To: sfbay [at] indymedia.orgipadmin [at] telx.comnamehost [at] worldnic.comtie [at] telx.comsfbay-web [at] lists.indymedia.orgabuse [at] telx.com
Subject: [PL-182025] Phishing hosted on http://www.indybay.org
Date: 6/27/14

Our company investigates computer crime incidents on behalf of banks and other companies.

A site containing unauthorized material was found to be operating on your network and displaying Wells Fargo material:

192.235.78.70 – j0.ramona.indybay.org

hXXp://http://www.indybay.org/uploads/2014/03/22/wells-fargo-foreclosure-manual.pdf

If possible, please provide the following information to assist our investigation:

– Web server and FTP server log files for the past several days
– Copies of all phishing files, hack tools, or other hacker files

Finally, we kindly request that you disable or remove the site as soon as possible.

If we have contacted you in error, or there is a better way for us to report this incident, please let us know.

Thank you for your assistance,

Israel Perez
PhishLabs Security Operations
soc [at] phishlabs.com
+1.202.386.6001
http://www.phishlabs.com/

Link

DOJ, BNP Paribas reach $8.8B settlement

DOJ, BNP Paribas reach $8.8B settlement

The Justice Department has announced a deal with French bank BNP Paribas to pay up to $8.8bn to settle charges that it hid $30bn in transactions that violated US sanctions against countries like Iran and Sudan. The bank will also be barred from clearing any financial transactions in dollars for a year starting in January. 

BNP Paribas is not alone. Large financial institutions seem to routinely violate US securities laws, with such reliable frequency that plenty of observers have questioned whether these institutions can ever be properly managed. Headlines about these crimes chronically dip out, like a leaky faucet that never gets fixed: about rigged commodities, energy and currency markets, manipulated interest rates, illegal money laundering, abuse of homeowners. The business pages read like a police blotter. Even former Treasury secretary Timothy Geithner acknowledged in a recent interview that the run-up to the crisis featured “an appalling amount of fraud and abuse”, and since 2008 the crime wave has apparently run unabated.

Link

LIBOR-Manipulation Suit Granted Certiorari

LIBOR-Manipulation Suit Granted Certiorari

WASHINGTON (CN) – The Supreme Court on Monday agreed to decide the fate of an appeal brought by challengers accusing about a dozen banks of manipulating the London interbank offered rate (LIBOR).
     Ellen Gelboim and Linda Zacher’s case against Bank of America, Credit Suisse Group and others had been consolidated with similar lawsuits for pretrial purposes, but a federal judge in Manhattan dismissed Gelboim and Zacher’s sole claim for relief, and therefore their complaint, with prejudice.
     When Gelboim and Zacher tried to appeal, the 2nd Circuit found last year that it lacked jurisdiction because all of the other consolidated complaints had not been dismissed as well.
     Gelboim and Zacher petitioned the Supreme Court to answer “whether consolidated cases retain their separate identity or become one case for purposes of appellate jurisdiction has divided the courts of appeals.”
     “This petition arises from litigation alleging that respondents manipulated the London Interbank Offered Rate (‘LIBOR’), which is the most important benchmark for short-term interest rates in the United States and around the world,” the petition states. “LIBOR ostensibly identifies banks’ short-term borrowing costs. It is an essential financial term in countless financial instruments.

Link

General Motors : California DA hits GM with lawsuit over recalled vehicles

General Motors : California DA hits GM with lawsuit over recalled vehicles

(Reuters) – A district attorney in California on Monday announced a lawsuit accusing General Motors of threatening public safety by concealing at least 35 safety defects that have prompted the recall of more than 17 million vehicles this year.

The lawsuit, filed on Friday by Orange County District Attorney Tony Rackauckas, accuses GM of violating consumer protection and unfair competition laws by delaying action to address faulty parts ranging from ignition switches and airbags to power steering.

GM’s apparent cover-up put customers at risk and unfairly disadvantaged competing automakers by misleading the public about the safety of its vehicles, according to the lawsuit. It said that GM knew about the problems but delayed issuing recalls in order to keep costs down.

“We must encourage all businesses to be fair and live up to safety standards, and must not allow those engaging in unfair practices to punish those businesses that don’t cut corners by compromising safety,” Rackauckas said in a statement announcing the lawsuit. It seeks an order stopping GM from engaging in unfair business practices, restitution for California consumers and civil penalties.

Link

BNP PARIBAS : to suspend some U.S. dollar-clearing for one year: NY regulator

BNP PARIBAS : to suspend some U.S. dollar-clearing for one year: NY regulator

The New York state banking regulator on Monday said BNP Paribas will suspend certain parts of its U.S. dollar clearing operations for one year, as part of a larger settlement for evading U.S. sanctions laws.

The French bank is also paying $8.9 billion to federal and state authorities and agreed to terminate some senior executives, the New York State Department of Financial Services said in a statement.

The temporary dollar-clearing ban is due to start on Jan. 1, 2015, and is an unprecedented punishment. It’s unclear if the French bank will lose a significant number of clients due to the ban. The ban largely impacts BNP’s oil and gas finance business.

Link

U.S. Supreme Court to hear Libor antitrust appeal

U.S. Supreme Court to hear Libor antitrust appeal

(Reuters) – The U.S. Supreme Court said on Monday it would hear an appeal by investors whose antitrust claims over the manipulation of the global benchmark interest rate known as Libor were dismissed last year.

Bond investors who lost money in securities tied to the London Interbank Offered Rate asked the Supreme Court to allow their appeal to go forward, even as the district court hears related claims that are still pending.

The Supreme Court is expected to hold oral arguments on the case during its next term, which begins in October. The current nine-month term ends this week.

Link

Elderly Shelby Township woman fights foreclosure, allowed to stay for now

Elderly Shelby Township woman fights foreclosure, allowed to stay for now

A judge ruled Friday that an 85-year-old Shelby Township woman can pay rent and stay in her condominium while a legal battle continues over her attempted ouster through the under-the-radar foreclosure process.

Circuit Judge Peter J. Maceroni granted a preliminary injunction that halts the eviction of Rosemary Heidenfelder from her unit at Heritage Place condominiums if she pays $500 per month rent and any other assessments while her attorney, Michael Balian, tries to reverse what he called unjust and “morally repugnant” maneuvers.

 “I’m pleased he (Maceroni) made a good decision,” he said.

 But he said he is not close to an agreement with his legal foes, Raymond Confer of Confer Investment Properties in Shelby Township and Mount Clemens-based Kirkpatrick Management Co.

Link

Freddie Mac Updates MERS Requirements

Freddie Mac Updates MERS Requirements

MERS® Effective immediately, unless otherwise noted Legal compliance Effective October 15, 2014 Due to recent legal developments, Mortgages in the States of Montana, Oregon and Washington where MERS is not the original mortgagee of record, but is a subsequent assignee, are not eligible for sale to Freddie Mac. Seller/Servicers should refer to Bulletin 2014-6 regarding the use of the MERS Rider (Form 3158) for Mortgages where MERS is the original mortgagee of record in the above States. Updates and clarifications We are updating the Glossary to include the term “MERS Governing Documents.” Seller/Servicers are reminded that in the event any requirements of the MERS Governing Documents conflict with the requirements of the Guide, the requirements stipulated within the Guide will prevail. We are also announcing the following updates and clarifications for MERS-registered Mortgages: Effective September 16, 2014, we are requiring Seller/Servicers, who sell and/or service Mortgages for which MERS is the mortgagee, to: • Register the Mortgage(s) with MERS prior to loan delivery to Freddie Mac • Update the MERS System to reflect a MERS-registered Mortgage status as “Paid in Full” within two Business Days after the Payoff Date Effective immediately, we are clarifying that Seller/Servicers must: • Reflect a Concurrent Transfer of Servicing on the MERS System • Prepare and execute an assignment of the Security Instrument to themselves prior to initiating the first legal action in a foreclosure proceeding • Prepare and execute an assignment of the Security Instrument to themselves prior to filing any bankruptcy proof of claim or motion for relief from stay and record the assignment where required by State law Reminders For MERS-registered Mortgages, we are reminding Servicers of the need to: • Reconcile Mortgage data in accordance with obligations set forth in the MERS Governing Documents • Promptly notify Freddie Mac if their membership with MERS is terminated for any reason • Comply with all MERS-registered Mortgage loan data reconciliation requirements set forth in the MERS Governing Documents • Ensure that only their duly authorized officers or employees, as appointed by MERS pursuant to a MERS corporate resolution, are permitted to act as MERS signing officers Freddie Mac may review a Servicer’s compliance with MERS requirements periodically. Guide updates Sections 4.14, MERS® Membership, 22.14, Assignment of Security Instrument, 53.15, MERS®, 66.17, Foreclosing in the Servicer’s Name, 67.7, Bankruptcy General Requirements, and 78.15, Payoff – Matured or Prepaid, and the Glossary have been updated to reflect the changes referenced above.

 

Link

OSORIO V. STATE FARM BANK, FSB | 11TH CIRCUIT – ROBO-CALLS – DEBT COLLECTORS COULD BE FINED $1,500 IN STATUTORY DAMAGES, OR $4,500 IF WILLFUL EVERY TIME THEY CALL

OSORIO V. STATE FARM BANK, FSB | 11TH CIRCUIT – ROBO-CALLS – DEBT COLLECTORS COULD BE FINED $1,500 IN STATUTORY DAMAGES, OR $4,500 IF WILLFUL EVERY TIME THEY CALL

If, for example, State Farm is found to have made its first three autodialed calls in reasonable reliance on Betancourt’s negligent misrepresentation (causing a total of $1,500 in statutory damages, or $4,500 if willful), but hundreds more calls were made in spite of a subsequent revocation of consent, then spending $132,000 to defend a claim with a maximum potential recovery of only $4,500 would appear unreasonable. This issue will thus require consideration by the district court on remand. V. CONCLUSION For all of the reasons set forth above, we REVERSE the district court’s grant of summary judgment to State Farm on Osorio’s TCPA claim, REVERSE its grant of summary judgment to State Farm on the latter’s negligent-misrepresentation claim against Betancourt, and REMAND the case for further proceedings consistent with this opinion.

 

Link

US Bancorp pays $200M to resolve FHA mortgage-lending violations

US Bancorp pays $200M to resolve FHA mortgage-lending violations

U.S. Bancorp (USB) has agreed to pay the United States $200 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the Federal Housing Administration that did not meet applicable requirements, the Justice Department announced Monday.

The settlement resolves an investigation relating to the endorsement of mortgage loans under the FHA’s insurance program.

“By misusing government programs designed to maintain and expand homeownership, U.S. Bank not only wasted taxpayer funds, but inflicted harm on homeowners and the housing market that lasts to this day,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart Delery. “As this settlement shows, we will continue to hold accountable financial institutions that violate the law by pursuing their own financial interests at the expense of hardworking Americans.”