Tag:

Banking

Financial Institutions and the Financing of Emissions: How Firms are Addressing the Climate Emergency Through Net Zero Emission Initiatives.

Megan Aldworth Associate Editor Loyola University Chicago School of Law, JD 2023   While our world economy is driven by commerce, over the last few decades, it has become apparent that along with driving the economy, commerce is driving our planet into a state of emergency. According to the UN Secretary-General, “the climate emergency is …
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Could Anna Delvey Have Gotten Away with It? Bank Vetting for a $22 million Loan

Anna Delvey, the alleged scammer who attempted to obtain financial backing of anywhere from $22 million to $40 million in loans, is once again the subject of much debate due to the new Netflix series chronicling her alleged crimes and other actions. The question this article attempts to answer is whether she ever had a chance of realizing her goal of creating an exclusive, members-only, art club much like Soho House. This question hinges on whether she ever had a real chance to secure the funding to make it possible.

From Beans to Banking

Starbucks. What comes to mind? Expensive coffee in a nice atmosphere? Mermaids? A warm pumpkin spice latte? Perhaps. However, the words “billion-dollar bank” likely do not cross anyone’s mind. As wild as it seems, the huge coffee company actually has $1.5 billion in assets, an amount larger than eighty-five percent of the banks in the United States. Not only is Starbucks flush with cash, but, unlike actual banks, it can use this money to invest in other ventures, invest in the marketplace, or expand its business. This begs the question, is Starbucks merely a coffee company or will it join the ranks of Bank of America and Citibank?

An Update on the Gamestop Frenzy: Calls for Regulation and a Congressional Hearing

Cora Leeuwenburg Associate Editor Loyola University of Chicago School of Law, JD 2022   The controversy surrounding the unprecedented movement by retail investors and Gamestop has not died down in the last month following the stock’s meteoric rise in price and dramatic fall. The wildly volatile stock has lost hedge funds millions and resulted in …
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One of Wall Street’s Hottest Trends: The SPAC

SPACs have been around for decades and often existed as last resorts for small companies that would have otherwise had trouble raising money on the open market. But they’ve recently become more prevalent because of the extreme market volatility caused, in part, by the global pandemic.

While many companies chose to postpone their IPOs due to the pandemic, others chose the alternate route to an IPO by merging with a SPAC. A SPAC merger allows a company to go public and get a capital influx more quickly than it would have with a conventional IPO.

Compliance Failures Result in Hundreds of Accidental Foreclosures

Compliance failures in banking can often result in real harm to borrowers.  In the case of Wells Fargo, a compliance error resulted in 400 of the bank’s customers losing their homes.  Due to an issue in the bank’s software system, the institution denied loan modifications to borrowers who should have qualified.  This latest failure adds to the myriad of issues Wells Fargo bungled over the past several months.  For compliance professionals, the failure demonstrates the risks of automation in compliance, the importance of technical expertise, and the risks of decision-making without putting the interests of the customer first.

New Senate Dealings Prepare to Ease Banking Regulations Under the Dodd-Frank Act

New discussions in the U.S. Senate indicate a likely repeal of 2010’s controversial Dodd-Frank Act. Designed in response to the 2008 economic crisis, the Dodd-Frank Act implemented regulations on banks and lending agencies to provide greater financial stability and consumer protection. The fundamental purpose of Dodd-Frank was to increase oversight and transparency among financial institutions. However, the Dodd-Frank Act has been the target of much criticism, most notably that its imposed regulations stifle the growth of smaller institutions. As of March 2018, Senate discussions indicate an intent to lay the foundations to remove this regulation.

Unprecedented Federal Reserve Decision Foreshadows New Compliance Expectations for U.S. Banks

Following the 2016 Wells Fargo scandal in which the bank opened millions of unauthorized bank and credit card accounts to collect fees, federal regulators have worked to address and respond to the corporation’s illegal conduct. On February 2nd, 2018, the U.S. Federal Reserve imposed unprecedented restrictions against Wells Fargo & Co. when it capped the bank’s growth for 2018 such that it could not exceed the total assets owned at the end of 2017. This restriction marks a substantial departure from previous penalties issued for improper compliance. Changes in policies and procedures and this novel punishment reflect a notable shift in the national bank’s expectations of corporate directors.

Challenges and Opportunities in Regulating the Banking Industry

Regulation in the financial sector is critical to preventing crimes that include fraud, money laundering tax evasion, human trafficking, aiding drug trafficking, and even financing terrorism. Despite the importance of regulation and banking institutions’ compliance with such regulations, many laws regarding money laundering are outdated and prevent efficient prevention of such crimes. Additionally, enforcement against large financial institutions is a difficult matter because of the harm that penalizing them could have on the economy.

Trump Administration Deregulates Financial Services

The Trump administration is delivering on its promise to deregulate America.  Since taking office, numerous regulations spanning everything from energy to health care have been repealed or weakened.  The financial services industry is not immune to the deregulation movement.  The Trump administration is acting through appointments, executive agencies, and legislation to deregulate the financial services industry.  Proponents of deregulation claim the movement is needed after Dodd-Frank and strict post-financial crisis regulation.  However, in deregulating financial services, the Trump Administration—and compliance professionals—should proceed cautiously.