Saturday, May 22, 2021

OCC Is Petitioned To Review Anchorage Paxos Protego & Nicolet - MBank Merger, Test for Hsu

By Matthew Russell Lee, Patreon

BBC - Guardian UK - Honduras - The Source

SOUTH BRONX, May 20 – In the declared wind-down of the Coronavirus pandemic, at least in the U.S., and after a fintech and crypto-currency proponent replaced as Acting Comptroller of the Currency by Michael Hsu from the Federal Reserve, Nicolet National Bank with only six loans to African American versus 2,800 to whites has applied to the OCC to buy MBank.

  Fair Finance, with Inner City Press on the FOIA, has opposed it, see below. While awaiting to see what the Hsu OCC will do, he has received a letter from Senator Sherrod Brown:

"I am concerned about a number of national trust charters granted by the prior leadership of the OCC. Shortly after former Acting Comptroller Brian Brooks left the OCC to join Binance, a cryptocurrency exchange, several nontraditional firms that specialize in digital and cryptocurrency activities - including Paxos, Protego, and Anchorage – received conditional national trust charters from the OCC.1 As you may be aware, I have long been concerned about the OCC’s expansive view of its authority to grant charters to financial and non-financial companies.... A firm that cannot meet the rigorous requirements applicable to other banks should not be allowed to present itself to the public as a bank. Paxos, Protego and Anchorage seek to broaden access to cryptocurrencies and other risky and unproven digital assets and emerging technologies to traditional bank customers.  "

 From Inner City Press / Fair Finance Watch: "Office of the Comptroller of the Currency  Acting Comptroller Hsu and  Central District Office Director for District Licensing 425 South Financial Place, Suite 2700 Chicago, IL 60605  

Re: Timely First Comment on Application by Nicolet National Bank to acquire mBank - application must be denied, and referral made, based on striking disparities 

Dear Acting Comptroller Hsu & others at OCC: 

This is a timely first comment opposing and requesting an extension of the OCC's public comment period on the Applications by Nicholet National Bank to acquire mBank.   

   Shockingly, the applicant Nicolet National Bank in the state of Wisconsin in 2019 made 2,800 HMDA-reported mortgage loans to white - and only SIX to African Americans.   

 Beyond this disparity which requires denial of this merger application, compare to the industry as a whole in the state of Wisconsin in 2019: 171,953 loans to whites, 2926 to African Americans.   

The industry as a whole in Wisconsin in 2019 made 58.7 loans to whites for every loan to an African American.  

  For Nicolet National Bank, the ratio was FOUR HUNDRED AND SIXTY SEVEN loans to whites for every loan to an African America.     There is more to be said, but on this outrageous record, evidentiary hearings and referrals are required, and the merger application must be withdrawn or denied." Watch this site.

  Previously, on April 3, Inner City Press filed this: "Dear Acting Comptroller, Mr. Lybarger, and others in the OCC:  This is a timely first comment opposing and requesting an extension of the required OCC's public comment period on the application by SoFi Interim Bank to acquire Golden Pacific.       This is a major proposal, by a fintech in which SoftBank has a large stake.    

   Inner City Press / Fair Finance Watch opposed SoFi's previous, suspended attempt to get into banking. Since then the questions have only grown.   

  As to SoftBank, the dispute regarding another of its holdings, WeWork, portends the type of problems that regulators like the OCC are directed to keep out of, not invite into, the banking system. See also, for now, this  

This stealth proposal - it appears that Golden Pacific does not even report HMDA data - is a cynical attempt to game the regulatory system. See, e.g., "SoFi (NYSE:IPOE) is becoming a bank with its $22.3 million acquisition of Golden Pacific Bancorp (OTCPK:GPBI). Golden Pacific is a California-based community bank regulated by the Office of the Comptroller of the Currency and with $150 million in assets. The acquisition which will be paid for in cash builds on SoFi's current application to obtain a national bank charter with the OCC. On closing of the acquisition, the fintech company will switch its current bank application to a change of control application. This should accelerate the timeline for SoFi's attainment of a national bank charter."    Inner City Press opposes that CIBC application as well - but this application clearly should not be approved. Public hearings are needed, and requested.   

   For the above reasons, including the ongoing COVID-19 pandemic lockdowns and restrictions, the comment period should not yet start or should extended, until in person public hearings can be held." Watch this site.

 

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