Foreclosure Fraud: Scoring the Deal, Continuing the Fight
The Federal government and the Attorneys General from 49 states have signed a deal with five major banks over charges of fraud, including reported acts of widespread perjury and forgery, in the so-called “robo-signing” scandal.
A few days ago we suggested that any deal be scored against five basic principles: openness, justice, restitution, deterrence, and reconciliation. It's clear that this deal falls short in every category. The best thing that can be said about it is that, thanks to a few tough holdouts led by New York AG Eric Schneiderman, it now allows additional civil and criminal investigations to proceed.
That's far from nothing, and it could be a big deal. But it will only be a big deal if the Administration stops coddling banks and devotes a lot more resources to helping homeowners and upholding justice.
Up to now, the fight has been to prevent the Administration from doing another cushy bank deal. Now that the door's been left open to further action, there's a new fight: to demand that they devote the Federal government's resources to investigating Wall Street crime.
Our own scoring of the agreement follows, based on the criteria we set out last week. Others may have a different opinion. But now that the deal's done, the way forward is clear. To paraphrase Joe Hill, don't mourn or celebrate: Organize.
The Score
Openness: Has the truth been brought to light? Do we finally understand what happened to us, why it happened, and who's responsible?
The agreement trades away the leverage that investigators gained by essentially catching bankers dead-to-rights as they broke laws on a mass scale through robo-signing. That means they can't use that leverage to “sweat” more information out of the banks.
We wrote in our scorecard that “there's a lot we don't know about bank malfeasance,” including the guilt or innocence of individual bankers. Sadly, we may never know. This deal appears to end ongoing investigations into “robo-signing.” If you see a bank CEO whining on television about his industry's bad reputation, we're not likely to ever learn if he ever personally signed off on criminal behavior. (Which would make him a criminal too, of course.)
There is, however, an upside. We wrote that “any settlement which closes the door to further investigations gets a much lower score.” This settlement does allow investigations to move forward in other areas. As the Washington Post notes, it “leaves open the possibility of other lawsuits regarding fair housing and fair lending laws, civil rights claims, and claims dealing with how loans were packaged and sold, a process known as securitization. In addition, it does not shield the banks from any criminal violations that arise.”




