The Clinton Administration's Robinhoodism: A Clarion Call

"Back in the day when I was young I'm not a kid anymore but some days I sit and wish I was a kid again"..." I remember way back when"...

Sorry for the musical interlude but I remember way back when in 1995 when the Clinton Administration passed the new CRA regulations effectivley sending out a clarion call to community organizer groups across the country to come and get their piece. I'll quote City Journal's Howard Husock speaking on the matter in a 2000 article;

"Crucially, the new CRA regulations also instructed bank examiners to take into account how well banks responded to complaints. The old CRA evaluation process had allowed advocacy groups a chance to express their views on individual banks, and publicly available data on the lending patterns of individual banks allowed activist groups to target institutions considered vulnerable to protest. But for advocacy groups that were in the complaint business, the Clinton administration regulations offered a formal invitation. The National Community Reinvestment Coalition—a foundation-funded umbrella group for community activist groups that profit from the CRA—issued a clarion call to its members in a leaflet entitled "The New CRA Regulations: How Community Groups Can Get Involved." "Timely comments," the NCRC observed with a certain understatement, "can have a strong influence on a bank's CRA rating."

The Clinton administration's get-tough regulatory regime mattered so crucially because bank deregulation had set off a wave of mega-mergers, including the acquisition of the Bank of America by NationsBank, BankBoston by Fleet Financial, and Bankers Trust by Deutsche Bank. Regulatory approval of such mergers depended, in part, on positive CRA ratings. "To avoid the possibility of a denied or delayed application," advises the NCRC in its deadpan tone, "lending institutions have an incentive to make formal agreements with community organizations." By intervening—even just threatening to intervene—in the CRA review process, left-wing nonprofit groups have been able to gain control over eye-popping pools of bank capital, which they in turn parcel out to individual low-income mortgage seekers. A radical group called ACORN Housing has a $760 million commitment from the Bank of New York; the Boston-based Neighborhood Assistance Corporation of America has a $3-billion agreement with the Bank of America; a coalition of groups headed by New Jersey Citizen Action has a five-year, $13-billion agreement with First Union Corporation. Similar deals operate in almost every major U.S. city. Observes Tom Callahan, executive director of the Massachusetts Affordable Housing Alliance, which has $220 million in bank mortgage money to parcel out, "CRA is the backbone of everything we do." In addition to providing the nonprofits with mortgage money to disburse, CRA allows those organizations to collect a fee from the banks for their services in marketing the loans. The Senate Banking Committee has estimated that, as a result of CRA, $9.5 billion so far has gone to pay for services and salaries of the nonprofit groups involved. To deal with such groups and to produce CRA compliance data for regulators, banks routinely establish separate CRA departments. A CRA consultant industry has sprung up to assist them. New financial-services firms offer to help banks that think they have a CRA problem make quick "investments" in packaged portfolios of CRA loans to get into compliance.

The result of all this activity, argues the CEO of one midsize bank, is that "banks are promising to make loans they would have made anyway, with some extra aggressiveness on risky mortgages thrown in." Many bankers—and even some CRA advocates—share his view. As one Fed economist puts it, the assertion that CRA was needed to force banks to see profitable lending opportunities is "like saying you need the rooster to tell the sun to come up. It was going to happen anyway." And indeed, a survey of the lending policies of Chicago-area mortgage companies by a CRA-connected community group, the Woodstock Institute, found "a tendency to lend in a wide variety of neighborhoods"—even though the CRA doesn't apply to such lenders.

If loans that win banks good CRA ratings were going to be made anyway, and if most of those loans are profitable, should CRA, even if redundant, bother anyone? Yes: because the CRA funnels billions of investment dollars through groups that understand protest and political advocacy but not marketing or finance. This amateur delivery system for investment capital already shows signs that it may be going about its business unwisely. And a quiet change in CRA's mission—so that it no longer directs credit only to specific places, as Congress mandated, but also to low- and moderate-income home buyers, wherever they buy their property—greatly extends the area where these groups can cause damage."

Look, I'll never assume to know anything about the economy. I do think it is clear there are many reasons for what has happened. The fact that the Clinton Adminstration all but forced banks to funnel their money through left wing activist groups is completely disgusting.