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Nearly 100,000 Borrowers Shortchanged in Mortgage Settlement

Nearly 100,000 Borrowers Shortchanged in Mortgage Settlement

 

 
Checks that were supposed to compensate mortgage borrowers who fell victim to illicit foreclosure practices have finally started arriving in mailboxes; however, many of these checks are well short of the amount owed. 
 
Due to a processing error, nearly 100,000 borrowers received checks for less than what they were owed in a settlement reached between the United States Federal Government and 13 mortgages servicers. 
 
Under the terms of the agreement, 4.2 million borrowers who foreclosed on their homes between 2009 and 2010 were deemed eligible for checks between $300 and $125,000, for a sum of roughly $3.6 billion in payments. 
 
The list of abuses filed in the suit included foreclosing on borrowers who were in the process of refinancing their mortgages; repossessing homes that were supposed to be protected under bankruptcy law; and foreclosing on active duty service members. 
The deficient payments were delivered to borrowers with mortgages serviced by former subsidiaries of Morgan Stanley and Goldman Sachs. The two firms, which agreed on a settlement a few months after the original lenders had first reached a deal, had agreed to pay higher sums to borrowers.
 
However, Rust consulting, the company handing the issuance of rebate checks, applied the same compensation schedule to the clients of Morgan Stanley and Goldman Sachs as it did to those other financial institutions, resulting in shortfalls. “The servicers provided us with a list of borrowers and the categories of foreclosure abuse; we misapplied the payment amounts for the Morgan Stanley and Goldman Sachs borrowers,” said David Holland, the executive vice president at Rust Consulting. 
The consulting company did not offer specifics, but the differences in rebates could be significant. For instance, Morgan Stanley and Goldman Sachs agreed to pay roughly $39,000 to borrowers who were wrongfully foreclosed when they were in fact protected under bankruptcy law. Under the settlement, approximately 110 borrowers were entitled to higher payments from Morgan Stanley and Goldman Sachs. 
 
Most of the 96,000 individuals who received deficient checks; however, were slated to procure much smaller amounts; roughly 42,000 of Morgan Stanley’s and Goldman Sachs’ clients were set to receive $1,3000 because their mortgage provider ignored their request to modify their mortgage schedule. 
 
 
Source: whitehouse.gov

Young Men: The Exposed Age Group under Obamacare

Young Men: The Exposed Age Group under Obamacare

 

 
The Obama administration claims that the Affordable Care Act will provide cheaper health insurance for millions of Americans. However, young men who are not insured through their employers could their premiums spike once coverage in the state-based insurance exchanges starts in January. 
 
Several groups have come out with reports forecasting the impact to premiums, on average, in 2014. But just what individuals will pay for insurance on the individual market depends on several factors, including the enrollee’s age, income, gender, state of residence and current coverage level. 
 
“The average is not very relevant to any particular person,” said Jim O’Connor, an executive at consulting firm Milliman, who wrote a report on how “Obamacare” will impact premiums. 
 
The precise cost of plants likely will not be known until the summer, and possibly not until the exchanges open for enrollment in the fall. Insurers have already entered proposals to state officials, and regulators are currently reviewing them. However, it is up to each state to decide when to publicize plan specifics. 
 
Only a few insurers have disclosed their individual market prices for next year, but several have warned that they are likely to raise their prices significantly. In Maryland, for example, Blue Cross said its premiums can rise by up to 25 percent. 
 
That said, participants have the opportunity to choose from a variety of plans offered by a variety of different insurers. These plans from “bronze” plans with low premiums but higher-out-of-pocket costs to platinum plans that feature high premiums but cover more expenses. 
 
A key provision in the law is that those with pre-existing conditions cannot be charged more or excluded for coverage. Until now, the majority of cancer survivors and those with other ailments have faced difficulty procuring insurance. The new rule is therefore great for those who have been sick, but likely will be more expensive for the healthy people who procure insurance by raising the overall cost of coverage. 
 
 
Source: whitehouse.gov

Stuck in the Mud: Europe Facing Longest Recession in History

Stuck in the Mud: Europe Facing Longest Recession in History

 

 A long winter held back construction activity in Germany, which contributed to a sharper than expected drop in first quarter output across the Eurozone. German barely avoided recession at the start of this year, but its return to growth was not enough to prevent the Eurozone economy from contracting for a record sixth quarter in a row. 

Gross Domestic Product in the 17-country Eurozone dropped by .2 percent in the first quarter, largely due to France’s recent struggles. This compared to a decline of .6 percent in the fourth quarter. 

The region’s economy has failed to grow since the third quarter of 2011, making this the longest stretch of declining output in the history of the Eurozone. 

The pace of contracted eased up slightly in struggling Spain and Italy, but both economies still contracted by 0.5 percent in the quarter.

The prospects of a second consecutive year mired in a recession and tumbling inflation prompted the zone’s central bank to slash interest rates earlier this month to a record low of 0.5 percent. 

“An interest rate cut to 0.25 percent looks probable while the European Central Bank will also continue to evaluate the case for a negative deposit rate and ways of securing more credit to smaller companies,” said Howard Archer, the chief European economist at HIS Global Insight. 

The euro continue to slide against the dollar, and European stocks were weaker in early trading hours before recovering to roughly even. The recession has hurt business confidence, blown attempts to slash government debts, and has sent unemployment to record numbers. Many leaders within the European Union have signaled their willingness to ease austerity in the hope of shoring up a recovery that the majority of economists are still forecasting for later this year. 

However, Wednesday’s GDP estimate was far worse than economists were forecasting, largely due to poor growth in Germany. If the estimate proves to be accurate, the news could increase pressure on the European Central Bank to take further action to stimulate activity. 

Germany, which accounts for roughly 30 percent of Eurozone output, grew by only 0.1 percent in the quarter, as an unusually cold winter impacted construction activity. Analysts were expecting growth of roughly 0.3 percent in Europe’s largest economy. Investment and exports also dropped, underscoring the impact of the Eurozone recession and poor global growth. 

Source: Congressional Budget Office

Cost Cutters: Deficits in the United States Falling Faster than Expected

Cost Cutters: Deficits in the United States Falling Faster than Expected

 

Headed by Douglas Elmendorf, the United States Congressional Budget Office, projects this year’s deficit will be $200 billion less than it projected just a few months ago. That said, it’s not all good news over the next ten years or so. 

Annual deficits are dipping even faster than the Budget Office predicted back in February, and the nation’s total debt is expected to drop as share of the economy for a couple years. However, the downward trend will not persist since lawmakers have not implemented measures to address the long-term drivers of the nation’s debt. 

In its budget outlook released yesterday, the Congressional Budget Office now estimates the annual deficit for the fiscal year of 2013 to be roughly $642 billion or 4 percent of GDP. This is $203 billion less than the office estimated earlier this year. The office attributes the improved figure to higher-than-expected tax revenues and more payments to the Treasury by mortgage giants Freddie Mac and Fannie Mae.

By 2015, the United States’ deficit will drop to its lowest point in the decade (roughly 2.1 percent of GDP). Moreover, the deficit will remain below 3 percent until 2019, at which point it will begin to increase again. Deficits under 3 percent are regarded as sustainable because it signifies that budget shortfalls are not growing faster than the economy. 

In a similar fashion, the budget office estimates the country’s total debt—the sum of yearly deficits procured over decades—will dip to 71 percent of GDP in 2019. This figure is four percentage points below the present day. However, the debt will begin to climb higher again, reaching almost 74 percent by 2023.

“Budget shortfalls are expected to increase later in the coming decade, but because of the pressures of an aging population, increased health care costs and increased interest payments on the federal debt,” the Congressional Budget Office claimed in its report. 

The bulk of the deficit reduction that is expected to take place in the next few years will be the result of several measures that do not address said pressures. Specifically, the expiration of the payroll tax cut, increased tax rates on high-income homes, the sequester, and lower spending caps for defense and domestic programs between 2014 and 2021. 

In the meatime, the better-than-expected deficit for this year allows provides lawmakers with more time before they are required to raise the debt ceiling, which is the nation’s legal borrowing limit. The Congressional Budget Office estimates that Congress will need to render a decision regarding the ceiling in October or November. 

Source: Congressional Budget Office

SEC Charges China-Based Execs in Scheme to Divert Money for Personal Use and Overstate Revenues

SEC Charges China-Based Execs in Scheme to Divert Money for Personal Use and Overstate Revenues

The United States Securities and Exchange Commission charged husband-and-wife executives at a China-based business with engaging in a fraudulent activity to overstate the company’s revenues and divert funds from a securities offering for their personal use.

 
The Securities and Exchange Commission alleges that RINO International Corporation’s CEO David Zou and chairman Amy Qiu diverted $3.5 million in company funds to purchase a luxury home in Orange County, California without disclosing the transaction to investors. Conflicting information was offered to the company’s outside auditor when questions were posed about the transaction. Qiu and Zou also used proceeds to purchase automobiles along with clothing without recording them as personal expenses in the company’s public filings. 
 
The SEC imposed a trading suspension in 2011 against the company, which is a holding business for subsidiaries that install, manufacture, and service equipment for the Chinese steel industry. The trading suspension was implemented in response to questions regarding RINO’s public filings, and specifically their overstated revenues and false sales contacts.
 
Qiu and Zou agreed to settle the charges by paying penalties and consenting to multiple decade bars from serving as directors or officers of any publicly traded company in the United States. 
 
According to the complaint filed in federal court in Washington D.C., RINO’s periodic filings were littered with misleading and false information and omissions regarding the company’s operations and revenue from 2008 to 2010. The SEC claims that when RINO’s outside auditor discovered the $3.5 million diversion of funds by Qiu and Zou, the auditor was first informed that RINO intended to use the funds as a down payment for a business opportunity in the United States. When the auditor posed further questions, Zou alleged that he had authorized the use of the funds to buy property to serve as an office and temporary home for RINO’s employees. Eventually, Qiu and Zou agreed to reclassify the $3.5 million as a loan, and signed a promissory note bearing interest at current rates. Qiu and Zou then repaid the loan in May of 2010, using funds from a Chinese bank account. This money was then later wired back to an account in China. 
 
The complaint charges the business with violations of the anti-fraud, books, records, and reporting, and internal control provisions of the U.S.’ federal securities laws; Qiu and Zou agreed to pay penalties of $250,000 and the disgorgement amount of $3.5 million. 
 
Source: sec.gov
 

Enron Convict to be released from Jail Early

Enron Convict to be released from Jail Early

 

Former Enron executive Jeffrey Skilling has reached an agreement to reduce his fraud sentence by nearly a decade. Skilling, according to court documents, will remain incarcerated for years, but could potentially shave ten years off the 15 years remaining in his prison sentence. 

Former executive Skilling is now known as inmate #29296-179 at the Englewood federal prison in Littleton, Colorado. Mr. Skilling was convicted in December of 2006 for conspiracy, fraud, insider trading and lying to auditors in the largest corporate fraud case in the history of the United States. Mr. Skilling was originally sentenced to 24 years in prison, which would put him on pace for release in February of 2028. 

“The agreement in this matter brings finality to a long and painful process,” said attorney Daniel Petrocelli for O’Melveny & Myers. “Although the suggested sentence for Mr. Skilling would be more than double of any of the other Enron defendants, all of whom have been released from prison for a long time, Jeff would at least have the opportunity to get back to a meaningful portion of his life.”

The Federal Government submitted a series of documents to federal court in the Southern District of Texas claiming they had reached an agreement to reduce Skilling’s sentence to as little as 15 years. 

“This agreement will finally put an end to the battles surrounding this matter,” said a spokesman for the Justice Department. “This agreement guarantees that Mr. Skilling will be punished for his crimes and that victims will receive the restitution they deserve.

The spokesman for the Justice department claimed victims will receive $40 million in restitution as part of the agreement. In excess of 4,000 Enron employees lost their jobs, and many of these individuals also lost their life savings, when the Houston-based energy company declared bankruptcy in 2001. In addition to workers, investors also were hard hit from the illicit activities and ultimate failures, losing more than a billion of dollars.  

Source: sec.gov

Sued: California Accuses JP Morgan of Fraud in Credit-Card Debt Collection

Sued: California Accuses JP Morgan of Fraud in Credit-Card Debt Collection

 

California Attorney General Kamala Harris filed a lawsuit against banking giant JP Morgan on Thursday, alleging that the financial institution engaged in legal and fraudulent debt collection practice against tens of thousands of California residents. 

Harris claims that from January of 2008 to April of 2011, JP Morgan filed in excess of 100,000 lawsuits against consumers in California over uncollected credit card debts, including 469 in a single day. 

To maintain this pace, JP Morgan used a number of illegal shortcuts, the lawsuit alleges. Among those illegal tactics was robo signing, in which employees of JP Morgan produced sworn documents and other legal filings at a substantial pace without verifying bank recrods and reviewing cases for accuracy. 

Robo signing was used on an extremely large scale during the foreclosure crisis as banks scrambled to complete foreclosures throughout the United States as the housing market collapsed.

Among other allegations, the attorney general claims that JP Morgan failed to notify residents of California that they were being sued. Moreover, the personal information of consumers allegedly went unredacted in court documents, increasing the odds of identity theft exposure. JP Morgan is also accused of certifying under penalty of perjury that consumers targeted with suits were not on active military duty without actually checking their background, therefore depriving these individuals of their rightful legal protections. 

“At virtually every stage of the debt collection process, defendants cut corners for the sake of speed and savings, providing only the slimmest veneer of legitimacy to their suits,” the complaint alleges. 

JP Morgan could end up being forced to pay a significant sum in penalties should a judge rule in California’s favor. Each alleged violation carries a maximum fine of $2,500, and a spokesperson for Harris said there are likely to be multiple violations per case for the more than 100,000 consumers the banking giant targeted. This spokesperson also claimed that Harris’s office will continue to investigate this issue on an industry-wide basis, with potential suits being filed against other banking institutions.  

Source: sec.gov

Tesla Sales Eclipse Majority of Luxury Automobiles

Tesla Sales Eclipse Majority of Luxury Automobiles

 

The Tesla Model S, which is priced at a substantial $70,000, is now the hottest electric car on the market. In fact, in the first quarter of this year, sales of the Tesla Model S outpaced similar gasoline models from the top three German luxury models. Roughly 5,000 consumers purchased the Model S while a shade over 3,000 purchased Mercedes’ top-flight sedan.

Sales figures; however, are by no means a perfect comparison as actual selling price for the S-class Mercedes start toward the high-end of the Tesla Model S price Range. Moreover, buyers do not receive the $7,500 federal tax credit for buying a luxury gasoline model.

That said, the Tesla Model S is faring quite well, particularly for a start-up auto maker with a limited network.

Last week, Tesla announced a profit that crushed Wall Street estimates; the relatively young automaker also raised its Model S sales forecasts for 2013 to 21,000 from 20,000.

To continue the positive momentum, Consumer Reports on Thursday called the Tesla Model S the best automobile that it ever tested. The vehicle’s overall performance was off the charts, according to the publication’s head of auto testing. The vehicle earned an almost perfect score of 99 out of a possible 100 points; 1 point was deducted from the vehicle’s score because it cannot be driven long distances without recharging.

Despite early struggles, including a feud with the New York Times over the vehicle’s “super charger” network and delays sparked by traditional car sellers over the sales strategy, the new Tesla model seems to be thriving in this green-friendly market. 

 

Sales: whitehouse.gov

PETA Playing Hardball: Environmental Advocacy Group Purchases a Stake in SeaWorld

PETA Playing Hardball: Environmental Advocacy Group Purchases a Stake in SeaWorld

 

PETA purchased stock in SeaWorld, which went public last week, to pressure the company into freeing what the environmental protection group deems as “enslaved” killer whales. 
 
The message from PETA is simple: Free the killer whales. David Perle, a leader and spokesman for the People for Ethical Treatment of Animals, claims his organization purchased 80 shares of SeaWorld worth roughly $2,275 when SeaWorld went public earlier this month. 
 
According to the animal rights organization, the purchase of stock is the smallest number of shares needed to give them the right to attend and speak at annual shareholder meetings, and to submit resolutions to encourage policy changes. 
PETA said its first order of business as a shareholder is to demand the release of its killer whales, starting with Corky, who has been performing with the company for almost 50 years. 
 
PETA claims it wants to educate other shareholders about the entertainment park’s cruel tactics that involve tearing dolphins and orcas away from their families and imprisoning them in minuscule tanks where they suffer captivity-related illness and stress. 
 
Spokespeople for SeaWorld are having none of PETA’s stock purchase and subsequent demands, citing the animal rights groups’ “strategy of attempting to disrupt business through publicity stunts, protests, and shareholder resolutions” is shameful. 
SeaWorld added that Corky and the other animals under SeaWorld’s care “live in next-generation facilities and are cared for by skilled professionals in accordance with federal and state laws, including the Federal Marine Mammal Protection Act and the Animal Welfare Act.”
 
Spokespeople for SeaWorld said the company will attempt to serve PETA as it would with any other shareholder by creating value in the company. That said, SeaWorld also claimed that PETA’s views are “well outside of the public’s view” and that their stock-purchasing strategy is a poor attempt to disrupt the company’s practices. 
 
 
Source: whitehouse.gov

Capital One Facing the Heat: Banking Giant Charged by SEC

Capital One Facing the Heat: Banking Giant Charged by SEC

 

The United States Securities and Exchange Commission charged Capital One Financial and two prominent executives for understating millions of dollars in auto loan losses that were incurred during the months leading up to the financial crisis. 

An investigation conducted by the United States Securities and Exchange Commission found that in financial reporting for the second and third quarters of 2007, the Capital One Financial Corporation failed to account for losses in its auto financing business. The profitability of this business was derived from extending credit to subprime customers. As credit markets began to crumble, the banking giant’s internal loss forecasts found that the declining environment had a substantial impact on its loan loss expense. That said, Capital One did not properly incorporate these assessments into its financial reporting, and as a result understated its loan loss expense by roughly 18 percent in the second quarter and nearly 10 percent in the third quarter.

In response to these charges, Capital One agreed to pay over $3.5 million to settle the SEC complaint. The two executives named in the complaint—former CRO Peter Schnall and Former Credit Officer David LaGassa—also agreed to the charges filed against them. 

“Honest and accurate financial reporting is a principal obligation for any public company, especially a bank’s accounting for the provision of loan losses during a time of financial distress,” said George Canellos, a Director of the SEC’s enforcement division. 

According to the SEC’s order regarding administrative proceedings, beginning in 2006 and continuing through the third quarter of 2007, Capital One’s Auto Loan business experienced substantially higher charge-offs and delinquencies concerning its auto loans than it originally had publicized. The increased losses occurred within every loan type in each of the company’s lines of businesses. 

Capital One’s understatements regarding its auto loan losses violated the reporting, internal controls provisions, and records of the federal securities laws, primarily Section 13 of the United States Securities Exchange Act. Capital One and the executives named in the matter neither denied nor admitted the findings regarding the SEC’s order requiring the business to cease and desist from causing or committing any violations of U.S. securities laws. 

This investigation was conducted by Assistant Chief Accountant Amanda deRoo and Senior Counsel Anita Brand and supervised by Director Conway Dodge. 

Source: SEC.gov

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