Healthcare (Executive Calendar)
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to speak in opposition to the nomination of Joseph Otting to be Comptroller of the Currency. I appreciate Mr. Otting's…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I rise to speak in opposition to the nomination of Joseph Otting to be Comptroller of the Currency.
I appreciate Mr. Otting's willingness to enter public service. That said, he is not the person we need in this very important financial watchdog roll. We have learned lessons from the quality, the attitude, and the work of the person in this office, and I am virtually sure he is not the right person. We have made a lot of progress in the last 7 years since we passed Wall Street reform. The last thing we need is someone leading the Office of the Comptroller of the Currency working to weaken or eliminate important safeguards, instead of looking out for workers, borrowers, and the stability of our financial system.
The financial watchdogs, including the previous Comptroller, Thomas Curry, took significant steps to right the wrongs that led to the 2008 financial crisis. It is important that we not have this collective amnesia that seems to permeate this body about what happened to this country 10 years ago. Working together, Comptroller Curry and other financial watchdogs strengthened rules for the largest banks. Independently, the OCC enhanced the supervision and examination of these banks, took enforcement actions against bad actors, and took steps to address concerns that the agency had been captured by the industry. There was clear evidence of that by previous people in this job.
This administration is putting the banking industry back in charge of policing itself. We should have learned from that a decade ago. Mr. Otting is yet another bank executive who profited from the financial crisis and is being rewarded by the Trump administration with a powerful job overseeing our Nation's banking system. This is a man who worked at OneWest and made a fortune kicking military servicemembers, seniors, and working families out of their homes, all while pocketing $2.5 billion--that is billion with a ``b''--from the FDIC to protect his bank from any losses.
The bank, OneWest, in this behavior, in this money from FDIC, in this action of kicking military servicemembers and seniors and working families out of their homes--this all might sound familiar to my colleagues; it certainly sounds familiar to the people in the Finance Committee and the Banking Committee. It is the same place that Mr. Mnuchin--now-Secretary of the Treasury--worked, doing the same kinds of things and work that Mnuchin did.
Mr. Otting and his former boss, Secretary Mnuchin, refused to provide Senators State-by-State data on OneWest's foreclosures on seniors, servicemembers, and other borrowers. They refused to answer questions about OneWest loan modifications. I think Ohioans--and I hope enough of my colleagues to constitute a majority--would like to know what they are hiding.
It was pretty amazing to sit in the Finance Committee and listen to Secretary Mnuchin and watch Secretary Mnuchin--then-Secretary-Designee Mnuchin--refuse to release information, refuse to disclose information. In fact, he had forgotten about a $100 million investment he had when he testified in front of the committee. We found out later that he had this investment that he forgot to disclose; $100 million is a lot of money. Even to Secretary Mnuchin I think that is a lot of money. Even to this administration, that is a lot of money.
What we do know, thanks to important work by our independent press, is not pretty. What we do know about what OneWest did is not pretty. In January, the Columbus Dispatch--the most conservative newspaper in my State, the second largest paper in our State--ran a front-page story on that bank's abuses. Their investigative journalism found that OneWest used so-called robosignings on mortgage documents. According to the Dispatch, in its fine investigative work, under Mr. Otting's watch from 2009 to 2015, nearly 2,000 Ohioans in our six largest counties were foreclosed on by OneWest. The abuses were so bad that Mr. Otting signed an OCC consent order--a legal agreement that a bank and its regulator enter into when illegal practices at the bank force the government to step in.
If you are signing an OCC consent order, it is a pretty serious problem. In any other administration, this would
have been disqualifying. In any other administration, Mr. Otting--or for that matter, Mr. Mnuchin, who was engaged in the same kind of practices--would have withdrawn their name. In any other administration, if the nominee didn't withdraw their name, the administration would have told them to withdraw their name, but not in this White House. Frankly, when you walk into this White House, it looks like a retreat for Wall Street executives and people like OneWest executives and people who foreclosed on home after home and, frankly, have almost no contrition and paid almost nothing, suffered almost no consequences for their action.
The consent order documented OneWest's breathtaking list of foreclosure abuses, gouging borrowers with excessive fees and unfairly evicting servicemembers on Active Duty. Think about that. They not only evicted servicemembers, they evicted servicemembers on Active Duty. In some cases, I assume the wife was serving overseas and the husband was evicted because he couldn't make the payments, partly because his wife is paid so little as a member of the Armed Forces.
Mr. Otting was held accountable for one of the major abuses, robosigning, by the bank's regulator in 2014. But during his Senate Banking Committee confirmation hearing, he continued to deny wrongdoing, even when faced with a legal document proving otherwise.
One of the things that amazes the American public is that nobody went to jail for what they caused in the last decade, what they caused in 2007, 2008, and 2009--the pain and the hardship, the pain of plant closings and lost jobs, the hardship of losing your home, the terrible consequences of losing much of your retirement savings. The people who caused this suffered almost no consequence. The American public, first of all, can't believe none of them went to jail. Maybe they are not so surprised anymore that there is no contrition. Then, we reward these people by making them Secretary of the Treasury or Comptroller of the Currency.
Mr. Otting was held accountable. In all of these legal proceedings-- and I am not a lawyer so maybe I don't exactly understand this, but these people signed some document, but they never really admitted they did anything wrong. Mr. Otting followed that process. Even though we had this documentation, he continued to deny wrongdoing, even when we presented him with that legal document.
Instead of helping families recover from the financial crisis as CEO of Secretary Mnuchin's--not Secretary then--OneWest Bank, Mr. Otting contributed to devastation. So this administration has chosen him to be in charge of one of the key agencies protecting ordinary Americans from Wall Street. I will say that again. He was a big part of the problem, as CEO of OneWest Bank. He has committed wrongdoing; we presented him with a legal document proving that. Yet the administration chooses him to be Comptroller of the Currency.
It is a job most of America doesn't know much about. I didn't either until I came here. I acknowledge that. It is a job that most Americans don't think much about. It is a job that most Americans don't think has a great impact in their lives, but Americans know what happened 10 years ago. I live in ZIP Code 44105, Cleveland, OH. My ZIP Code in 2007 had more foreclosures than any ZIP Code in the United States of America. I can't leave my house, if I go more than about 300 yards, without seeing the devastation caused by people like Mr. Otting--people who lost their homes, people who lost their jobs, people who have suffered and lost their life savings because of Wall Street malfeasance, because of companies like OneWest. I am guessing that Mr. Otting doesn't think about this, and I am guessing that most people here don't think about this.
Pope Francis, soon after assuming the Papacy, admonished parish priests to go out and smell like the flock. It wouldn't hurt all of us to do that a little more around here, to talk to somebody who has lost a job. It typically happened, in my neighborhood near Slavic Village, Cleveland, OH, where the spouse lost her job, and then the husband's plant closed, and then they couldn't keep up with the payments. Then they had to tell their teenage daughter: Honey, we are going to lose our home. First, they had to give away their family dog, probably, because owning a dog costs money, and they were squeezed. They knew they were in trouble. Then they had to explain to their daughter that she is going to go to a different school district--and all the things of life have turned upside down. Your life turns upside down if you are foreclosed on or if you are evicted.
I am guessing Mr. Otting doesn't think a lot about that. I am guessing Secretary Mnuchin doesn't think a lot about that, as he travels on private planes and his wife brags about her expensive clothes. I am guessing very few in this White House think about that, but maybe they should. If he is confirmed--and I assume he will be because the Republicans in this body generally do whatever Wall Street and whatever companies like OneWest want them to do in confirming nominees like Mr. Otting, but I wish Mr. Otting would think about a little bit more about the devastation to which he contributed.
Right now at the OCC, Keith Noreika--previously, a big bank lawyer-- has spent his time rolling back rules to protect Americans from predatory payday lenders. He has worked against a Consumer Financial Protection Bureau rule that would have allowed customers to take their banks to court when they were cheated.
Mr. Noreika has done all this as Acting Comptroller. He wasn't confirmed by this body. Get this: His temporary role as a special government employee means he doesn't have to live up to the same ethics or conflicts of interest rules as everyone else. He takes this job as Acting Comptroller while we wait for Mr. Otting; he takes this job as Acting Comptroller, and he does the bidding of all of these financial service interest groups, all of the payday lenders, and all of the people who are preying on working families and preying on low-income people. He leaves and joins some of these companies, and he is very amply rewarded, and he doesn't have to live under any ethics rules.
The people who run watchdog agencies are supposed to be independent voices who protect workers in the economy from financial crisis, not banking industry lapdogs who help their former boardroom buddies on Wall Street. If his record is any guide, certainly Mr. Noreika didn't serve the public. He served as a lapdog. He served the banking industry. If his records are any guide, I am concerned that Mr. Otting will be no different, that the OCC's independence will be compromised under his leadership. He worked side by side with Secretary Mnuchin at OneWest Bank. Mr. Mnuchin hand-picked Mr. Otting for this job.
We are already seeing signs of Wall Street influence at some of the agencies, consistent with Secretary Mnuchin's agenda. They have pulled back on Wall Street reforms. They have attacked other agencies for doing their jobs.
For wealthy bank executives and private investors like Mr. Otting, the crisis wasn't a life-changing event. Think about that. The crisis for Mr. Otting wasn't a life-changing event, but those people who live in ZIP Code 441, in Slavic Village in Cleveland, for those people whose homes I drive by every day, people who lost jobs because of the financial crisis, people who lost homes because of the financial crisis, people who lost their life savings because of the financial crisis, those weren't just life-changing; those were life-destroying kinds of events. Yet Mr. Otting and Mr. Mnuchin go forward, and they pocket their tens of millions of dollars, and then they are appointed by the President of the United States to watch over these financial watchdogs.
They saw the crisis. The crisis was life-changing to my neighbors. They saw a crisis as an opportunity to profit by flipping failing banks bought at rock-bottom prices, but not before foreclosing, as the Columbus Dispatch said, all while raking in taxpayer dollars.
If confirmed, Mr. Otting will be in charge of ensuring that all national banks, including Wells Fargo--we certainly heard about Wells Fargo's abuse of millions of its customers. His job will be to ensure that all national banks, including banks like Wells Fargo, are complying with the law, that they operate in a safe and sound
manner, and that they protect customers.
To be real, do we think we can trust him to do that after the worst financial crisis since the Great Depression, the financial crisis that devastated Ohio, Colorado, and Massachusetts families? After people lost their jobs, their homes, and their savings, Mr. Otting clearly isn't the right person for this job.
Yesterday, the Chair of the Federal Deposit Insurance Corporation, Marty Gruenberg, said:
I confess to having a certain sense of deja vu. Banking
conditions today are strong and the possibility of a serious
downturn anytime soon is generally viewed as remote. That was
certainly true during the pre-crisis years as well. If I have
one key point to make today, it is that we should guard
against the temptation to become complacent about the risks
facing the financial system.
I would comment on Mr. Gruenberg's comments that 11 years ago or so-- 10, 11, 12 years ago--it didn't seem all that likely to many, at least to those in the Bush administration, that there would be an implosion of the economy and an implosion of the banking system, a crisis; that there was, in fact, the new head of supervision at the Federal Reserve who pretty much said, as late as 2007: We really shouldn't be concerned about a housing crisis. It is only going to hit the higher, upper end of homeowners, and it will not affect the economy. Those are the people this President has put in charge to be the watchdogs of our financial system.
Again, Mr. Gruenberg said: If I have one key point, it is this. We should guard against the temptation to become complacent about the risks facing our financial system.
We need to take Chair Gruenberg's warning seriously. Confirming a banker to the OCC--a banker who will give Wall Street its wish list--is a high price for working families to pay who are still feeling the impact of the last financial crisis.
I urge my colleagues to vote no on Mr. Otting.