Durbin provision is a sad step backward for consumers

The Fed’s cap on debit-card interchange fees goes into effect tomorrow. It’s certainly no coincident that some banks should begin to charge new fees to try to make up for the revenue this cap is going to cost them. Here is a piece in today’s Washington Post about a new $5 per month fee Bank of America plans to charge its debit card customers.

This cap represents politics at its worst, and Sen. Richard Durbin is the man behind it. Two important points need to be made about this. The first point is that debit card interchange fees had absolutely nothing to do with the financial crisis of 2008, and should not have been part of the Dodd-Frank Act debate. This bill was big enough without adding completely unrelated, pet provisions.

Second, this legislation has absolutely nothing to do with consumers and everything to do with Wal-mart and other large retailers. The cap will not save any consumer even a single penny. The retailers, which will save considerable money, aren’t going to pass along any of the savings. I would be willing to be proven wrong on this point. If there are retailers who start to pass along savings to customers, I hope someone will send me a note about it. But I don’t expect this to happen. Sen. Durbin clearly has some kind of special relationship with the big retailers. His name-sake amendment will simply shift a legitimate cost from one industry (retailers) to another (banks).

In the long run, the Durbin price cap doesn’t just ignore consumers, it actually harms them. There are many services that banks have offered at low or no cost that they will no longer offer. Consumers will now have to pay for those services. So the cost to the consumer goes up. But that absolutely will not be made up on the retail side with corresponding price reductions at Wal-Mart and other big box outlets.

Congrats to Iowa Bankers Association on 125 years

Congratulations to the Iowa Bankers Association, which celebrated its 125th anniversary at its annual convention last week.

IBA became the fourth state banker association when it was formed by 69 bankers who gathered in the summer of 1887. At the time, the association charged a membership fee of $3 and annual dues of $2. In 1888, the association had 81 member banks. IBA grew rapidly and by 1905, it had 1,000 members. In 1921, the association achieved 100 percent membership — all 1,906 banks in the state claimed IBA membership. Today, the association has 359 bank members, which represents 95 percent of the banks in Iowa.

One of the more interesting responsibilities of the IBA was during the 1920s when it helped to form Vigilance Committees around the state that worked to prevent bank robberies. Every town that had a bank set up a four-man committee, each appointed deputy sheriff. The U.S. War Department made arrangements with the IBA so members of the Vigilance Committees could purchase guns and ammunition. At one time, there were 4,303 vigilantes covering 881 banking towns. The IBA provided opportunities for the committee members to practice shooting. The effort made a difference. Although losses from bank burglaries totaled more than $225,000 in 1920-21, more than 100 bank robbers were apprehended from 1920 to 1925.

For many, two names come to mind when you say Iowa Bankers Association – Frank Warner and Neil Milner. Warner was IBA’s executive from 1916 to 1966. He set the foundation for today’s modern association, in addition to being responsible for writing most of the state’s banking laws. I never met him, but clearly he was Mr. IBA for half a century. I did get to meet Neil Milner, who ran the association from 1972 to 1996. Many of the association’s current subsidiaries and affiliate relationships were established under Neil’s leadership. Neil went on to become CEO of the Conference of State Bank Supervisors in Washington, D.C., and is retiring from that job at the end of this year.

John Sorensen took over for Milner in 1996 and has earned the respect of bankers and banking trade association professionals around the country. IBA is a multi-million dollar operation today with more than 100 employees. Sorensen is a consummate CEO as well as an effective advocate at the state capitol in Des Moines and at the U.S. Capitol in Washington, D.C. Earlier this month, Sorensen hit his own personal milestone, noting 25 years of employment with IBA.

Moody’s takes U.S.’s TBTF mitigation efforts seriously

This Reuters article, which shows up on the Drudge Report today, clearly shows the value of too-big-to-fail status.

People have been talking about too-big-to-fail ever since the Continental Illinois failure in 1984. Smaller banks always said large banks enjoyed a cost of funds advantage because people knew the government would never let them fail. Various studies attempted to show the value of that advantage.

Earlier this year, Kansas City Federal Reserve Bank President Tom Hoenig gave this speech in Washington, D.C., in which he described the advantage:

Andrew Haldane of the Bank of England “estimated that this funding advantage amounted to about $250 billion in 2009 for 28 of the largest banks in the world. At the Federal Reserve Bank of Kansas City, we estimated the ratings and funding advantage for the five largest U.S. banking organizations during this crisis. In June 2009, these organizations had senior, long-term bank debt that was rated four notches higher on average than it would have been based on just the actual condition of the banks, with one bank given an eight notch upgrade for being too-big-to-fail. Looking at the yield curve, this four-notch advantage translates into more than a 160-basis-point savings for debt with two years to maturity and over 360 basis points at seven years to maturity.”

And now, the ratings agencies are proving Hoenig right. Moody’s investors service is downgrading Bank of America, Citibank and Wells Fargo because it says government has shown it is less willing to bail out large banks. The downgrades will have a real economic impact, particularly on Bank of America, which was hit hardest with the downgrade. It will have to pay more to attract bondholders and depositors.

It is interesting to me that the rating agency is taking the too-big-to-fail mitigation provisions in the Dodd-Frank Act seriously. In my opinion, there is still a big question about the political will it would require to actually allow a large troubled bank to fail. Nonetheless, Moody’s action is one more proof that too-big-to-fail is real and puts community banks at a funding disadvantage. Too-big-to-fail is one more way that government picks winners and losers in this economy, and I am glad that we are at least attempting to move away from this damaging policy.

IBA honors banks for community service

Six banks were honored yesterday by the Iowa Bankers Association on the closing day of its 125th annual convention, conducted at the convention center in downtown Des Moines. The banks were honored in three categories in the association’s Community Betterment Award program.

In the Financial Education category, the IBA recognized Bankers Trust, Des Moines, and TS Bank, Treynor. Bankers Trust was recognized for its sponsorship of an educational summit for immigrant entrepreneurs. TS Bank was recognized for its support of a financial literacy program developed to help k-12 students learn about saving and managing money.

In the Community Service category, West Bank, West Des Moines, was recognized for its support of the Kiwanis Miracle League, which helps disabled kids play baseball. Also recognized was Two Rivers Bank & Trust, Burlington, for sponsoring a paint-a-thon where volunteers helped to spruce up the homes of disabled or low-income individual and families.

In the Economic Development category, Iowa State Bank, Algona and First Newton National Bank were honored. Iowa State Bank was recognized for its fundraising support related to the construction of a regional hospital in Kossuth, Iowa. First Newton National Bank was recognized for its support of the Centre for the Arts and Artists in Newton.

I have always thought these kinds of recognition programs are very important. (I even helped run such a program at the Minnesota Bankers Association in the late 1980s and early 1990s.) Banks usually make the news when something goes wrong, but the fact is banks are far more often involved in making good things happen. Given the number of people impacted, it is very important that these “good news” stories get told.

Iowa Bankers’ convention underway

The Iowa Bankers Association is meeting in Des Moines for it’s 125th annual convention. The meeting opened Sunday night witha reception, dinner and entertainment, with the business getting underway yesterday.

Monday was a full day of meetings, starting with the annual agricultural breakfast. Dan Clark was the speaker. Northwestern Financial Review readers will remember that he addressed the annual convention of the North and South Dakota bankers associations last June.

In the general session, IBA Chairman Charlie Funk, MidWestOne Bank, Iowa City, talked about the last year. He talked about the different approaches various people take toward regulation. He compared Sheila Bair, the head of the FDIC until this summer, with Tom Gronstal, the Superintendent of Banking for the State of Iowa until this year. Gronstal is a banker and was recognized by the IBA at the convention with the 11th annual James Leach Award. Funk’s point was that Bair was needlessly harsh on the banking industry while Gronstal was firm, but understood the point of view of the bankers and seemed to find a happy medium between regulatory enforcement and cooperation with the industry.

ABA Chairman Steven Wilson of Lebanon, Ohio, addressed the general session, encouraging bankers to take steps to improve the image of the industry. He said community bankers have been unfairly painted as the bad guys. He said bankers will not win political support on Capitol Hill if the industry does not enjoy popular public support. He urged bankers to use a new tool kit the ABA has developed to help bankers restore their image.

The general session closed with a lively and entertaining presentation from economist Lowell Catlett. He presented an optimistic view of the economy. He said we should not worry so much about the national debt. Compared to GDP, he said, may other countries, rank far worse than the United States. He noted the 7 million unemployed people in this country, but said it is up to us to put them to work. He said consumers have money and will spend it on things they want; business leaders simply need to figure out the next great thing that people want, then put those people to work making it.

Today the convention reconvenes with its annual legislative symposium. Also, Funk will hand the chairman’s gavel to Ron Hanson, president and CEO of Liberty Trust & Savings Bank, Durant.

Bank crimes down

The FBI is reporting that bank crimes in the second quarter is down from second quarter 2010. In the second quarter of 2011, there were 1,023 bank crimes, including 1,007 robberies and 15 burglaries. That compared to second quarter 2010 when there were 1,146 bank crimes.

In the second quarter of 2011, cash totalling $7.8 million was taken in 91 percent of the crimes. That works out to about $8,400 per crime where money was taken. In 23 percent of the crimes, money totaling $1.8 million was recovered.

4 percent of the crimes involved acts of violence, in which 31 people were injured. There was on death and three people were taken hostage.

Bank crimes are still most likely to occur on Friday’s between 9 and 11 in the morning.

Click here if you want to really dig into the numbers.

Fed offers clarifying info on comp rules for mortgage originators

The Federal Reserve Bank of Minneapolis recently launched a very informative newsletter called Banking in the Ninth. I just received the second edition in the mail. If you are not reading this publication, I urge you to look for it.

The September edition has a very interesting article in it regarding compensation for mortgage originators. As you may know, changes in the law have really complicated this for bankers, especially those working in institutions that have company-wide performance-based incentives. Here’s a portion of the article’s question and answer section:

What compensation is prohibited based on terms and conditions, and what compensation is acceptable?

In general, compensating a mortgage originator based on a term, such as the annual percentage rate, or a condition, such as adding a prepayment penalty to a loan, is prohibited. Clearly, certain compensation arrangements are no longer valid under this rule, such as providing the lender or broker with a yield spread premium based on the loan’s interest rate or compensating a lender based on a loan’s loan-to-value ratio. Compensation includes salaries, commissions and any other financial or similar incentive.

Federal Reserve Board attorneys have indicated that, at least in their initial views, linking mortgage loan originator compensation to a branch’s or institution’s profitability is problematic because loan terms and conditions almost always contribute to profitability. This view was provided in the Federal Reserve System Ooutlook Live webinar titled Loan Originator Compensation. We encourage all compliance staff to listed to an archived version of the webinar available at

http://www.philadelphiafed.org/bank-resources/publications/consumer-compliance-outlook/outlook-live/2011/loan-originator-compensation.cfm.

The Consumer Financial Protection Bureau will have responsibility for implementing Regulation Z going forward.

Your institution may continue to compensate mortgage loan originators based on criteria other than a loan’s terms and conditions, such as (1) the loan originator’s overall loan volume, (2) the long-term performance of the loan originator’s loan, (3) an hourly rate of pay based on hours worked, (4) a fixed payment amount for each loan originated, (5) the percentage of applications that resulted in originations, (6) the quality of the lender’s loan files (7) legitimate business expenses or (8) a fixed percentage of the loan amount, assuming the percentage amount does not vary for different loan amounts.

Click here to see the entire newsletter. This article starts on page 4.

Adams moves into retirement after ICBSD tenure

Congratulations to Ginger Adams, who is now enjoying retirement after serving for 17 years as executive director of the Independent Community Bankers of South Dakota. She became the association’s first executive on Oct. 1, 1994, and concluded her service to the organization on August 31.

Ginger told me by phone from her home in Mitchell, S.D., that she looks forward to “unstructured days, working in her yard, and picking up scrap-booking projects which have been waiting for her attention for years.”

A group of South Dakota bankers incorporated ICBSD in 1983 in response to a revenue sharing program that was being created at the time by the Independent Community Bankers of America. ICBA members in South Dakota were eligible to benefit from the revenue sharing, but the money could only flow back to an incorporated non-profit association. So, the bankers formed one. The bankers conducted annual meetings, elected officers and met on an as-needed basis. Revenue accumulated from dues and the national association revenue sharing program until the members felt a sufficient base had been established to hire a full-time employee.

At the 1994 annual retreat conducted in the Black Hills, Boyd Hopkins of CorTrust Bank in Mitchell was elected president. He was authorized to search for the association’s first executive director. Within a couple months, he hired Adams. For the first several months of her employment, CorTrust provided an office and basic office furnishings.

Adams had been executive of the professional insurance agents association in South Dakota. She knew many community bankers from that experience because many of the insurance agents she represented worked in community banks.

One of Adam’s first tasks was to assemble a cohesive record of the association’s history. Meeting minutes generally resided at member banks since there had never been a central office before. Adams traveled to many of the association’s members, collecting the minutes and other association documents. From that beginning, she built today’s ICBSD.

Adams put a personal touch on the association and particularly on the annual retreats. Adams said she considers her time at ICBSD to have been absolutely wonderful. She called it a great job and a great career.

Geri Beck started at the association’s new executive. She was introduced at the ICBSD annual retreat in July and she worked along side Adams during the later half of August.