Category Archives: RICO

BofA CEO Moynihan Wants Changes to the Volcker Rule

Bank of America (BAC) CEO Brain Moynihan believes it is the right time to introduce changes to the Volcker rule of the Dodd-Frank Act. Moynihan was speaking with Handelsblatt Global, a German language business newspaper published in Dusseldorf.

The Volcker rule is a federal regulation that keeps banks from conducting some investment activities using their own accounts. It also limits the banks’ ownership of and their relationships with hedge funds.

Read on.

Advertisements

Wells Fargo to oppose nuns on review resolution: document

The board of Wells Fargo & Co plans to oppose a resolution filed by shareholder activists led by the Sisters of St. Francis of Philadelphia seeking a review of the root causes of the bank’s unauthorized accounts scandal, according to a draft document seen by Reuters.

The draft dated Feb. 10 states the board’s position on the measure, to be included in its forthcoming proxy for this year’s springtime shareholder meeting, is that because the bank has its own investigation and reforms under way, the concerns raised by the proposal are being addressed.

According to the document, “our Board and our Company believe we are already providing through our current and anticipated future disclosures…the information requested by this proposal.”

An ongoing disagreement over the resolution could complicate the bank’s drive to regain shareholder confidence.

Read on.

JPMorgan sued for self-dealing in its 401(k) plan

JPMorgan Chase & Co. has been sued by a participant in its 401(k) plan for allegedly causing employees to pay millions of dollars in excessive fees through a scheme motivated by “self-interest.”

The plaintiff claims JPMorgan, as well as various board and committee members with oversight of the $21 billion retirement plan, breached their fiduciary duties by, among other things, retaining proprietary mutual funds from the bank and affiliate companies for several years, despite the availability of nearly identical, lower-cost and better-performing funds.

Read on.

Societe Generale fined $50 million for pre-crisis RMBS fraud

As the Obama administration prepared to clean out its collective desks last week, the government announced that it wasn’t quite done dealing with with the events that led to the financial crisis.

In those last few days, the Obama administration announced multi-billion dollar settlements with two foreign banks, Deutsche Bank and Credit Suisse, for each bank’s mortgage securitization practices leading up to the housing crisis.

Read on.

Why Trump can’t fire CFPB head Cordray: CFPB is an independent agency

Republicans are putting a great deal of pressure on President-elect Donald Trump to fire Richard Cordray, director of the Consumer Financial Protection Bureau. He should resist that pressure. Any effort to discharge Cordray would be illegal — and it might even precipitate something close to a constitutional crisis.

Here’s the legal background. Most federal agencies count as “executive,” meaning that their heads serve at the pleasure of the president. But some agencies are “independent” — meaning that by law, the people in charge of them can be removed only for good cause, which Congress often specifies to mean “inefficiency, neglect of duty, or malfeasance in office.”

The Federal Reserve Board, the Federal Trade Commission and the Federal Communications Commission are independent agencies — and so is the CFPB. Under the law, Cordray’s five-year term extends until July 2018.

Both Republican and Democratic presidents have not loved the idea of independent agencies, operating outside of their daily control. But in 1935, the Supreme Court unanimously agreed that the Constitution gives Congress the power to create such entities.  The court has stuck with that position ever since — and for decades no president has even tried to remove the heads of independent agencies.

To be sure, some people believe that the 1935 decision was wrong. Suppose President Trump shares that belief and asserts his authority to fire Cordray. On the day of his removal, Cordray would be within his rights to go to court to seek a judgment that the president acted beyond his constitutional authority.

Read on.

NY creates “bill of rights” for residents facing foreclosure

ALBANY, N.Y. (AP) New York state has published a “bill of rights” for home owners facing foreclosure.

Democratic Gov. Andrew Cuomo announced the move Wednesday. It’s one piece of a broader effort to help New Yorkers struggling to stay in their homes.

The bill of rights reminds residents that they have the right to stay in their home and the duty to maintain it during the foreclosure process. It also lets residents known they have a right to be properly notified before a foreclosure suit is filed.

Read on.

Deutsche Bank To Fork Over $95M In US Tax Avoidance Settlement

Law360, New York (January 4, 2017, 8:20 PM EST) — Deutsche Bank AG will fork over $95 million to end the U.S. government’s suit accusing it of trying to avoid paying taxes by setting up shell companies, according to a settlement approved Wednesday in a New York federal court.

The settlement comes after the government sued Deutsche Bank in December 2014 for allegedly engaging in a tax evasion scheme by setting up shell companies to hide profits on the appreciation of stock that the bank purchased in 1999. (AP) The settlement, which received the stamp of…

Law360