Wells Fargo Ordered To Pay 203 Million Dollars In Fees

Wells Fargo is one of the four largest banks in the United States. The bank received 25 billion dollars in TARP money (the bailout). But the bank charged 203 million dollars in overdraft fees since 2001 in violation of the law. They made their money by paying out checks and card fees largest to smallest instead of in the order they were received. This enabled the bank to stack overdraft fees.

Federal judge William Alsup described what the bank was doing as “unfair and deceptive business practices.”

He ordered the bank to pay back the 203 million dollars they made using the practice of largest to the smallest.

Here’s a news story reporting the decision –

I love irony, the irrational collision of one situation with another – and for that irony lets look at

Wells Fargo’s Vision Statement –

“We want to satisfy all of our customers’ financial needs, help them succeed financially, be the premier provider of financial services in every one of our markets, and be known as one of America’s great companies.”

Apparently manipulating the order of payout to artificially increase the number of overdraft fees “helps consumers succeed financially.”

Here’s a very different take on overdraft fees –

Are all overdraft fees always unfair? Of course not. If there was no penalty the banks would be faced with an avalanche of bouncing checks. There are many defenders of banks who say they are justified. Wrong! That’s not the question. If you only ask it one way, that is, should banks be able to charge overdraft fees, the argument always goes to the bank. But the question here is “are the fees reasonable.”

What does it cost a bank to process an overdraft?

Why doesn’t the bank charge based on the size of the overdraft rather than charging the same for $1.25 overdraft as for a much larger amount?

How much money does the bank make on overdrafts?

When you start looking at the facts, it becomes a messy problem. There are a lot things to figure in to the situation. Nevertheless, Wells Fargo’s practice is simply unfair.

There are other banks that use the practice. Will they be forced by the courts to payback the fees as well? Wells Fargo is appealing the decision. Stay tuned. I’ll tell you how it comes out.

James Pilant

Buffett Says No Second Recession – I Hope He’s Right!

In an item from Yahoo News, Buffet is bullish on the economy. Normally I would place a lot of importance on what he has to say. However, as you see in the article, he company just made a 27 billion dollar deal that stands to lose considerable sums in a pessimistic environment. He may be more stoking the stock price than giving a reasoned opinion.

Warren Buffett ruled out a second recession in the U.S. and said businesses owned by his Berkshire Hathaway Inc. are growing.

“I am a huge bull on this country,” Buffett, Berkshire’s chief executive officer, said today in remarks to the Montana Economic Development Summit. “We will not have a double-dip recession at all. I see our businesses coming back almost across the board.”

Berkshire bought railroad Burlington Northern Santa Fe Corp. for $27 billion in February in a deal that Buffett, 80, called a bet on the U.S. economy. The billionaire’s outlook contrasts with the views of economists such as New York University Professor Nouriel Roubini and Harvard University Professor Martin Feldstein, who have said the odds of another recession may be one in three or higher.

“I’ve seen sentiment turn sour in the last three months or so, generally in the media,” Buffett said. “I don’t see that in our businesses. I see we’re employing more people than a month ago, two months ago.”

Roubini has been very successful at predicting economic problems. His web site is here. It would be a good decision to make it a favorite of yours. He knows his business and has no railroad purchase to influence his judgment one way or another.

James Pilant

Did White Collar Crime And Fraud Trigger The Meltdown?

I’ll let the video speak for itself. But in my mind, the answer is a solid yes. It’s the cost of the pervasive lack of business ethics, a willingness to commit crimes in the pursuit of enormous amounts of money.

Is Slavery A Thing Of The Past – Not Yet

It appears that there is still a need for cheap plantation labor, enough demand and enough profit to reinvent slavery.

From the BBC

The Brazilian authorities say they have rescued 95 farm workers who were being kept in slave-like conditions in two south-eastern states, the official Agencia Brasil reports.

Forty-four workers at a sugar-cane plantation in Rio de Janeiro state were not registered and had no clean drinking water or safety equipment.

But that’s more the tip of the iceberg than a major step – From the BBC in 2004 –

At least 25,000 people are working as slave labourers in Brazil, according to a new report obtained by the BBC.

The study, carried out on behalf of the International Labour Organization, says workers are living in conditions unfit for animals.

The bulk of them are working in the Amazon region, clearing forest so the land can be used for cattle and crops.

The as yet unpublished report says members of the political elite are among the landowners responsible.

As we see over and over again, political elites use their influence to flout the law. Read this

The report does praise efforts by Brazil’s left-wing government to tackle the issue, but it says a culture of impunity persists where politicians and judges are among the landowners responsible for perpetuating slave labour.

This kind of injustice is dangerous for all free men. The profits that can be made off slave labor are enormous and the vicious mind set it produces in the privileged class bleeds over into the press, the schools and the government.

James Pilant

Corporations Have To Give Back!

From Patrick Dixon, the Futurist.

I think that one was a little short, so here is one of more size. I like what he has to say especially when he talks about passion and the individual.

The Growth Of CSR – Corporate Social Responsibility

Well, these statistics are encouraging but whether CSR is a form of green washing, PR or a simple waste of time and resources on the one hand or a promising corporate move toward some limited form of responsibility, I’ll leave up to you.

Salvatore Giunta Awarded Medal Of Honor

Salvatore Giunta is the only living recipient of the Medal of Honor from the gulf war conflict. There have been seven awards. All the others died during their heroic acts and never saw their awards.

This is definitely not Business Ethics. However, it is a matter of honor. Mr. Giunta displays a decision making that would seem idiotic to the beltway bloviators. He displays a patriotism that seldom figures into the business practices of “American” companies and the pseudo-citizens of our corporate board rooms.

I have been called shrill. What do you call it when one man is willing to lay down his life for his fellow man, while News Corp. (Fox News) waxes rich on software purchased from our nation’s enemy, North Korea? Are both patriots? Are both decisions reflective of honor? Are both decisions the result of a commitment to freedom and the security of the United States?

I’ll tell you the answer. Only one fits the criteria of patriot.

I’m proud to live in the same country with him.

James Pilant

Let’s Get Rid Of CoPilots On Airliners And Save Bundles Of Money!

Let me speak with great sincerity to the guy spreading this idea around – “Are you out of your mind?” Some goober throws this idea out there and free market loons pick up on it. Is there anything, no matter how important that the current business philosophy in this country doesn’t consider a possible cost cutting item? Large airliners are designed to be flown by two people. Further, I am a big fan of “Seconds From Disaster” and a half dozen other programs which discuss why bad things happen. Several of the episodes involve overworked crews desperately trying to cope with too much information. I wonder how many times that second guy in the cockpit managed to save the plane because the two of them could cope with the flow of information.

But don’t just take my word for it. Here’s an actual expert

Copilots perform just as many takeoffs as captains, and just as many landings. They are at the controls in good weather and bad. The captain has ultimate authority (and a fatter paycheck), but duties are shared more or less evenly. Due to quirks in seniority bidding, it’s not uncommon for a copilot to be more experienced than the captain sitting next to him. And if not for the number of epaulet stripes and seating protocols (captain on the left wearing four; first officer on the right wearing three), a lay observer in a cockpit jump seat would be hard pressed to figure out which of the pilots was in fact the boss.

Cost cutting is a tool, and it’s okay to cut costs if it’s a reasonable decision. But let’s work toward that standard of reason. It’s important.

James Pilant

Do You Work for Stupid Inc.?

Very unfortunately, I did not think of this title. I found it cruising the internet and I recommend it to you. You can find it here.

The gentleman writing, Dave Logan, shares my disdain for self help books and my respect for well written and researched books with strong messages telling you how to work for something. I believe in working for something.

He implies and I think he also, had a disdain for the current business fashion – think the of the old horrors of the “Five Minute Manager” and the “Management skill of the Attila the Hun.”

J. Pilant

The Real Costs Of Business Crime

Business crime is sometimes known as white collar crime. This is a term developed by the criminal justice theorist, Edwin Sutherland. I strongly disagree with it. While I can see its theoretical strength in terms of analysis, I think it allows people to put business crime in a different box with different rules. Business crime, white collar crime, is crime. A businessman that takes a life is no different than a murderer on the street who kills for a wallet. A businessman who steals from the government is no different from a bank robber. A businessman who behaves unethically has no right to think of himself as any better than all other poor sinners who have failed the moral test.

Who are the victims of “white collar” crime? Who are the ones damaged by corporate crime? It is simple and accurate to say that those that have lost money such as investors. We could add institutional losers like pension funds, even endowment funds at universities and colleges have been victimized. But that would be too short a list. What if we added those whose careers had been blighted by having worked at a firm like Enron that simply ceased to exist? Their losses would include losing their job, having damage to their professional reputation by having worked at such a place and we could add the loss of pension funds and stock sharing arrangements.

What if we stop thinking about it in terms of direct losses? This isn’t a bank robbery which might net as much as $6,000 dollars. In the case of Enron we are discussing stock losses in the range of $50 billion dollars(This is just the stock losses not all those other pesky losses, just the stock losses). Let’s put this in perspective. The operating budget of Arkansas, a state of 2,855,290 citizens, is 21.3 billion dollars (2008). Enron’s stock losses alone could have paid for more than two years of all Arkansas state expenditures.

Now that we have an idea about the amount of money, let’s discuss the ramifications of that amount of money. Let us assume a particular citizen makes $30K a year. That citizen loses his job. His lack of income is a loss to the community, his state, and nation. He does not produce value and because he earns no money he cannot make purchases or invest. His unemployment damages the country although in a small way.

Let’s take a giant multinational corporation earning billions of dollars a year (at least on paper) and take it out of circulation. Does this affect the corporation’s community, state and nation? Yes. However, when you remove such a large economic unit you have somewhat wider effects. Not only is the corporation destroyed but it usually takes out a number of its suppliers and customers, thus destroying a number of other companies. Its workers join the ranks of the unemployed. Its bill will not be payed causing serious economic problems for scores of individuals and companies.

This is a much larger effect than the individual worker we discussed earlier. But there is more. Such a huge economic loss has long term effects as well. Investment in that part of the country is damaged. That means less money for business startups, business expansion, innovation or opportunity. Many workers become unemployed. This means they take jobs that would have been available to others and while unemployed cost the state resources that could have been used for many other things. For those that lose their pensions and investments, it can mean a total change in expectation and life style. For the country at large, it causes a growth of cynicism and a lack of trust. It damages the ties that bind society together.

And there is more. How will you feel the pain? You might say that you owned no shares, you did not work for the company, and they didn’t owe you any money as a supplier or anything else. Therefore, you did not suffer.

But you would be wrong.

You lose opportunity. The jobs that you could have gotten, the money that you could have made, the places you could have traveled to, the highways and grants and educational benefits you could have gotten, they are not there. And because you don’t know what opportunities disappeared when the corporation closed down, you are under the erroneous idea that you were not damaged.

You were.

The billions and trillions of dollars taken out of this country by corporate collapses like Enron and Worldcom, by the use of derivatives and sub-prime lending are real money. When that money, that value disappears, so do many of the possibilities of what you could have been, what you could have done, and what kind of future your community, your state and your country could have had.

That’s the reality of white collar crime. All the regular crime, you can figure out the effects, the dead people, the economic costs, the lost opportunities. You can count the bodies.  But corporate crime, white collar crime, it destroys the connecting fabric between individuals and simply eradicates possibilities making the world a smaller and more hostile place.