Tag Archives: Rohit Chopra

Wells Fargo to Pay Record CFPB Fine to Settle Allegations It Harmed Customers

Wells Fargo

WFC -1.04%

& Co. reached a $3.7 billion deal with regulators to resolve allegations that it harmed more than 16 million people with deposit accounts, auto loans and mortgages.

The settlement with the Consumer Financial Protection Bureau includes a $1.7 billion penalty, the agency’s largest-ever fine, and more than $2 billion in consumer restitution, the regulatory agency said Tuesday.

The consumer watchdog agency said the bank illegally assessed fees and interest charges on loans for cars and homes. Some consumers had their vehicles illegally repossessed while others had overdraft fees unlawfully applied, the agency said.

Wells Fargo’s regulatory troubles continue to ripple through the bank more than six years after its fake account scandal burst into public view. Other problems later surfaced across the San Francisco-based bank, including in its lending and deposit-taking businesses.

The CFPB settlement resolves a major penalty hanging over Wells Fargo but leaves it handcuffed by other regulators. The Federal Reserve has had a cap on the bank’s asset growth in place for nearly five years. Politicians continue to target the bank, and investors have filed a series of class-action lawsuits.

“Wells Fargo is a corporate recidivist,” said CFPB Director

Rohit Chopra,

on a call with reporters Tuesday. He said the settlement “should not be read as a sign that Wells Fargo has moved past its longstanding problems.”

The bank had been negotiating with the CFPB for months in an effort to lump as many outstanding issues into the settlement as possible, according to people familiar with the matter. 

Much of the $2 billion remediation included in the settlement has already been doled out to customers. The bank, for example, has paid $1.3 billion to 11 million customers who had auto-loan servicing issues, the CFPB said.

Wells Fargo has been working for years to resolve a series of regulatory matters stemming from a fake-accounts scandal in 2016. Afterward, other problems surfaced across the bank, including in its mortgage and auto-lending businesses.

The CFPB said the bank’s actions span over a decade. Wells Fargo incorrectly applied auto-loan payments because of technology and compliance failures from 2011 through 2022, the agency said. Errors in its home loan modification process went on from 2011 to 2018, the agency said.

The bank sometimes charged overdraft fees even when a customer had enough funds available to make a debit-card transaction or ATM withdrawal, CFPB said. Wells Fargo is required to refund customers about $205 million in fees since the beginning of last year that weren’t yet reversed. CFPB will oversee that process.

Mr. Chopra, an appointee of President Biden, has said he plans to target repeat offenders. “Corporate recidivism has become normalized and calculated as the cost of doing business,” he said in a speech earlier this year. He has also sought to make his agency more adversarial toward financial firms.

The CFPB said Wells Fargo has accelerated efforts to clean up its act since 2020. Tied to the settlement, the agency will terminate one of the consent orders it had placed on the bank in 2016 and clarify that a 2018 consent order will terminate in no more than three years.

Wells Fargo, led by CEO Charlie Scharf, had signaled for months that it expected another large regulatory penalty.



Photo:

Drew Angerer/Getty Images

“This far-reaching agreement is an important milestone in our work to transform the operating practices at Wells Fargo and to put these issues behind us,” Chief Executive

Charlie Scharf

said in a statement.

Mr. Scharf was brought in to clean up the bank in 2019. He has overhauled the top executive ranks, cut its workforce and gave priority to remaking the bank’s back-end systems for managing internal controls and risk. 

The bank had signaled for months that it expected another big regulatory penalty, and it took a $2 billion charge in the third quarter tied to resolving long-running legal and regulatory issues. The bank said Tuesday that it expects an operating losses expense of $3.5 billion in the current quarter.

Shares of the bank fell about 1.5%.

Write to Ben Eisen at ben.eisen@wsj.com

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The Warren-Biden Bank Heist – WSJ

Elizabeth Warren

finally got her woman—that is, the Senator and her many acolytes in the Biden Administration have succeeded in ousting

Jelena McWilliams

as chair of the Federal Deposit Insurance Corp. The coup deserves attention because of its norm-breaking precedent and what it signals for bank mergers and supposedly independent regulatory agencies.

Ms. McWilliams resigned on Dec. 31, effective Feb. 4, to avoid more turmoil at the bank regulator. But as she wrote in these pages on Dec. 16, her resignation comes amid a concerted and unprecedented political effort to strip her of authority before her term as chair expires in June 2023.

***

The coup has been led by

Rohit Chopra,

the Warren protege who now runs the Consumer Financial Protection Bureau and is one of four current members of the FDIC board (one post is vacant). The FDIC’s longstanding practice and bylaws, based on its interpretation of the law, is that the chair sets the board’s agenda.

Every administration for 88 years has honored that understanding, including the supposedly norm-breaking Trump Administration. Democrat

Martin Gruenberg

was allowed to continue as chair until June 2018 after President Trump took office, and no one attempted to oust him.

Enter the Warren-Biden progressives in a hurry. The Senate confirmed Mr. Chopra on Sept. 30 on a 50-48 vote, and as soon as Oct. 31 he presented Ms. McWilliams with a request for information (RFI) on bank mergers. When she said the draft RFI would have to be vetted by FDIC staff, Mr. Chopra publicly released his own RFI without authority from his post at the CFPB, which the FDIC was obliged to contradict.

Mr. Chopra then moved to neuter Ms. McWilliams by other means. He has asked the Office of Legal Counsel at the Justice Department for an opinion on whether Ms. McWilliams can set the agency’s agenda. In a Dec. 14 statement, Mr. Chopra also threatened to “take further steps to exercise independence from management” of the FDIC.

This distorts the meaning of agency “independence,” which is supposed to be from the executive branch. Mr. Chopra cites President Biden’s July 9 executive order referring to bank mergers, but the FDIC has long held that it is not subject to executive orders on policy. Mr. Chopra wants to make the FDIC a de facto part of the Biden Administration. Who knew the left endorsed the originalist constitutional theory of the “unitary executive”?

Our sources say the plan was for Mr. Chopra and his allies on the board—Mr. Gruenberg and acting Comptroller of the Currency

Michael Hsu

—to change the FDIC bylaws and strip Ms. McWilliams of her power. Ms. McWilliams made the honorable decision to spare the agency more internal fighting, but her resignation means Mr. Chopra will now essentially run the show. Mr. Gruenberg will become acting chair. He will follow where Mr. Chopra wants to go, as he showed by signing a joint statement with Mr. Chopra on his draft RFI on Dec. 9.

The real power behind all this is Sen. Warren, who has planted her aides and camp followers throughout the Biden Administration. She may have lost the 2020 Democratic primaries to Mr. Biden, but she has colonized the government’s financial regulatory offices.

Her former staffer,

Bharat Ramamurti,

is deputy director of the White House National Economic Council. His fingerprints were all over the failed nomination of Saule Omarova to be Comptroller of the Currency.

Wally Adeyemo,

who helped Ms. Warren establish the CFPB, is now deputy Treasury secretary. Lina Khan runs the Federal Trade Commission.

Graham Steele,

a former aide to Warren Senate ally

Sherrod Brown,

is assistant Treasury secretary for financial institutions. There are many others.

One result is that Treasury Secretary

Janet Yellen

seems to have little influence over financial regulation. Ms. Omarova wasn’t her choice for Comptroller. Ms. McWilliams sought her support for the FDIC’s traditional independence, but Ms. Yellen refused. Her main job these days seems to be telling the public not to worry about inflation.

***

What do these Warren cadres hope to accomplish? One clear goal is greater influence over the allocation of credit. Using regulation to squeeze financing for fossil fuels will be a priority. Bank mergers are a political target because regulatory approval can be exploited as a tolling station to coerce money for “local communities,” to use Mr. Chopra’s euphemism for progressive political groups.

Mr. Chopra also wants to reinterpret the law to make it easier to block bank mergers, notably those that have more than $100 billion in assets. This is a coordinated effort. His Dec. 9 RFI mentioned that figure. On Dec. 10

Maxine Waters

sent a letter to federal officials urging a moratorium on bank mergers above $100 billion. On Dec. 17 the Justice Department’s Antitrust Division issued a press release praising Mr. Chopra and promising heightened antitrust review of bank mergers.

The irony is that regional banks are merging to gain economies of scale to compete with giant banks. The 2010 Dodd-Frank Act increased compliance costs, which the biggest banks find easier to afford. Blocking mergers of regional banks will enhance the market power of JP Morgan and Bank of America.

By undermining the independence of federal agencies, Democrats are also creating a precedent that the GOP will follow. The next Republican President will promptly fire the next FDIC chair, among other officials.

The FDIC coup should also focus the Senate’s attention on Mr. Biden’s pending nominees for the Federal Reserve, another supposedly independent bank regulator. Anyone who endorses the FDIC coup shouldn’t be confirmed.

Democrats claim that Trump Republicans broke political norms, and sometimes they did. But one reason is that they see how progressives trample norms when they have power. Watch the Warren left in action.

Journal Editorial Report: What’s Plan B for a faltering legislative program? Images: Bloomberg/Getty Images Composite: Mark Kelly

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