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David Balto

David Balto

Posted: March 11, 2011 02:07 PM

The Bankers' New Goat


According to the Biblical story, on the day that the people were to atone for the sins committed for the year, they would send a goat off from the village to its death. The goat symbolically carried the sins of the villagers and by casting it out the villagers were cleansed and forgiven by God. So began the tradition of picking a scapegoat which has, over the years, been refined and honed into an art form.

A prime example comes from U.S. banks. These banks have had many reasons to cast blame elsewhere for their shortcomings. A remarkable example is the very loud discussion of checking fees. Some might say that the concept of free checking accounts has always been a myth. In fact, a Bank of America spokesperson said just that last summer: "Customers never had free checking accounts. They always paid for it in other ways, sometimes with penalty fees."

Yet the concept of free checking has been powerful enough that banks have searched for one excuse after another to justify getting rid of it. In November 2008, the Wall Street Journal reported that "banks are responding to the troubled economy by jacking up fees on their checking accounts to record amounts." At the same time, other news outlets reported that the banks were charging record-high service fees and customer penalties to make up for losses from bad mortgage loans. Other banks said that they would raise fees due to industry consolidation and proposed increases in FDIC rates for deposit insurance.

The truth, summed up nicely by an executive from TD Bank, was: "all banks have to be looking for ways to meet the requirement of shareholders." That pressure means banks consistently leave no stone unturned in their drive for additional revenues.

In May 2009, it was time for a new scapegoat. The Financial Services Roundtable and Bank of America claimed that with higher unemployment, customers became riskier, and higher fees were necessary. One could be excused for wondering why customers giving their own money to banks in checking accounts was risky. The added irony was that American consumers had only months before put up $700 million to bail out the banks for their own "risky" practices.

The next sacrificial goats were a 2009 credit card reform bill and regulations of overdraft charges. As USA Today reported, banks responded to credit card regulations by "extending some of their most profitable -- and controversial -- credit card practices to checking accounts." This provided a new, and politically convenient, source of blame.

An amendment from Senator Durbin now follows as the latest goat. The amendment will eventually rein in the swipe fees that banks can charge. And, though it won't take effect until July, the bankers have wasted no time raising checking fees and casting blame. It is interesting to note that when the reform first passed, Citi CEO Vikram Pandit was quoted by the New York Times saying that the regulations would not be a problem for Citi. Sensing a scapegoat, however, the banks are now aggressively blaming the Durbin amendment for forcing them to raise fees.

The current blame game ignores the banks' cries of raising fees over and over again over the past few years. And it ignores that in their haste for the latest scapegoat, banks have raised their fees long before the regulations have gone into effect. According to CNNMoney, as of January 24th U.S. Bank was one of the last banks in the nation to offer "free checking" but "that may be about to end."

Banks are always looking for ways to make more money. The bottom line is that even if swipe fee reform were to magically disappear, the banks would do all they could to charge more fees on their customers' checking accounts. The banks have been doing this for years, since long before the Durbin Amendment was conceived, let alone passed. The pattern is getting old and weary. Banks will raise checking fees whenever and wherever they think they can get away with it. And they will blame any convenient development for their choices.

Eventually, our ancestors gave up the practice of sending away a goat to atone for their sins. We can only hope the bankers reach a similar enlightened age and stop blaming others for their own business decisions.

David Balto, is an antitrust attorney and former policy director at the Federal Trade Commission.

 
 
 
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moAb
"when bad men combine, the good must associate”
02:37 PM on 03/12/2011
It was $BILLIONS, not MILLIONS to bail the banks.
This user has chosen to opt out of the Badges program
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cats530
16 Trillion To Banksters Per GAO Audit
01:38 PM on 03/12/2011
"We urge readers to check into http://hbgary.anonleaks.ch/ first thing Monday - after all this is the portal that released the original d*mning HBGary evidence, and brought down the firm within weeks. If it can do the same with Bank of America, Monday may just soon be a national holiday."

http://www.zerohedge.com/article/hacker-collective-anonymous-release-documents-proving-bank-america-committed-fraud-monday
HUFFPOST SUPER USER
kamact
Market Observer
11:06 AM on 03/12/2011
State-sponsored financial terrorists actively taking more of your money,...I am looking forward to a real tipping point in America
10:26 PM on 03/11/2011
Mr. Balto,

You are implying that banks "looking for ways to make more money" is a sin for which they should atone. Isn't looking for ways to make more money (provided there is no fraud involved) the job of any business professional, including antitrust attorneys?

RD
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moAb
"when bad men combine, the good must associate”
02:41 PM on 03/12/2011
I love it when a business model includes an increase in prices but actually delivers no really additional value thus no real additional costs are incurred and every body is happy. Right?
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
09:44 PM on 03/11/2011
Mr. Balto:

This has nothing to do with sacrificial goats and everything to do with simple economics.

Banking is all about pricing risk. So charging riskier customers for the risk seems only fair.

In addition services have costs. If regulators make things more expensive for banks or reduce their ability to charge for their services, then it only logical that either services be cut or new fees for those services be levied. This is also extremely fair.

How do I know it is fair? Because the bank customer ensures it is fair by taking his/her business to where they get the best deal for their particular risk profile. The only thing banks did by regulating swipe fees is ensure that those fees are passed onto the consumer. The consumer always shoulders the cost of regulation.

The best thing to do would be for the government to stick to regulating a fair banking process and stay away from dictating the prices that banks can charge.

Kai
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HUFFPOST SUPER USER
AlanBannacheck
President of the Deep Thoughts Association (DTA)
04:10 AM on 03/12/2011
The problem with charging more interest to riskier borrowers, is they are often already poor. Look at the Unbank for example
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Kai-HK
Don't Share My Wealth! Share My Work Ethic!
04:29 AM on 03/12/2011
Great. It prices the poor out of the market, which is good. One of the problems that got us into the mess we are in now stems from banks giving money to people who cannot afford it. Poor people should not own houses, nor should they be spending money through credit cards that they will not be bale to pay back.

Banks have less credit losses. Banks fail less often. Which is good.

Poor people start to learn to live within their means. Which is good.

Taxpayers no longer have to bail out banks, and poor people by indirect association. Which is good.

So, thanks for bringing up the other positive externalities.

Kai
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lisalulu
I stand for Planned Parenthood.
08:48 PM on 03/11/2011
Thank you Attorney Balto.

Local, regional banks are my choice now - but I still have accounts with the TBTF institutions/mortgages.

I'd like to see micro-finance here in america - we certaintly need it.
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Soulsurfer
Solar Electrician,Longtime Surfin'Fool
04:49 PM on 03/11/2011
"requirements of shareholders"....................the ultimate culprits. We don't care how you do it, just turn a profit. Every quarter. Or else.
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intotheabyss
Imperialism is a form of insanity.
03:26 PM on 03/11/2011
Don't hold your breath for the bankers to change their ways.

http://www.globalresearch.ca/index.php?context=va&aid=23572

This stuff's been going on for a long time. I think Anonymous is on the only track that can save us. Yeah, it's that serious.
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SocratesSiddhartha
"Poverty is the worst form of violence." Gandhi
03:24 PM on 03/11/2011
"Jesus entered the Temple and began to drive out all the people buying and selling animals for sacrifice. He knocked over the tables of the money changers and the chairs of those selling doves."
Where's the big guy when ya need him?
02:18 PM on 03/11/2011
As I was saying in another comment section:

The over-sized financial sector has distorted the way business operates in the economy.
That can be applied globally.