Two congressmen are questioning a Justice Department deal that resulted in two large banks making donations to so-called activist groups.
House Financial Services Chairman Jeb Hensarling (R-Texas) and House Judiciary Committee Chairman Bob Goodlatte (R-Va.) pressed Attorney General Eric Holder to answer questions about the DOJ's recent settlements with Bank of America and Citigroup. As part of the settlements, the two banks made minimum donations of $150 million to groups on an approved list that included La Raza and NeighborWorks, which were specifically named by the two lawmakers.
“Relief for these consumers is long overdue, yet the Justice Department's record settlements have left homeowners disappointed. It seems that the alleged victims are not the primary beneficiaries of these multi-billion dollar settlements. Instead, the terms in the Justice Department's two latest settlements look less like consumer relief and more like a scheme to funnel money to politically favored special interest groups,” the congressmen wrote in a Nov. 25 letter.
Goodlatte and Hensarling said the requirements make the donations more attractive than direct consumer relief like loan modifications. For each dollar donated above the minimum, the lawmakers said banks earn two dollars worth of credit against their overall consumer relief commitment. The base credit for direct relief, such as principal forgiveness, is dollar-for-dollar.
“Direct forms of consumer relief, such as loan modifications, earn only dollar-for-dollar credit. This makes donations to activist groups far more attractive to banks than providing direct relief to injured consumers,” the letter said. “As a result, the settlements appear to serve as a vehicle for funding activist groups rather than as a means of securing relief for consumers actually harmed.”
The lawmakers called the terms appear unprecedented.
“The Department's November 2013 mortgage-lending settlement with J.P. Morgan Chase, for example, included only direct forms of consumer relief. Certain previous agreements, including during the George W. Bush Administration, provided that any funds remaining after all consumer injury had been redressed could go to third-party groups,” the letter said. “But that is far different from earmarking mandatory minimum donations to activist groups as central provisions of settlements, and giving banks twice the incentive to funnel settlement funds to third-party groups instead of to harmed consumers.”
NCUA Board Vice Chairman Rick Metsger, who serves on the NeighborWorks board of directors, said the organization's mission is to create opportunities for people to live in safe, healthy and affordable housing, improve their lives and strengthen their communities.
“The fact that some bank settlement agreements have recognized NeighborWorks America as a good steward of that mission validates the good works of the organization, which Congress created and on which NCUA serves as one of five government board members,” he said. “NeighborWorks America's work to support housing counseling directly affects consumers by educating them about the home buying process.”
Goodlatte and Hensarling requested that the DOJ hold a briefing for the House Judiciary and Financial Services Committees on the settlement terms and provide specific information beforehand no later than Dec. 9.
The lawmakers asked Holder to “identify the individuals who were involved in making the decision to depart from the J.P. Morgan Chase settlement format and add the mandatory donations and two-for-one credit terms to the Citigroup and BoA settlements, and in the subsequent implementation of those settlement terms.”
The committee leaders also asked if the non-profits like La Raza and/or White House officials were involved in the decision.
Holder was also asked if Citigroup or Bank of America received any formal or informal guidance from the DOJ or the White House regarding the specific groups that would receive the donations.
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