they are already engaged in making banks do exactly what got us here ala the housing bubble( see below).......and since her husband got a Tarp bailout for his banking interests ( whats up with that investigation btw?) shes got some friggin nerve...what a hack...
* AUGUST 31, 2011
Justice's New War Against Lenders
The Obama administration repeats mistakes of the past by intimidating banks into lending to minority borrowers at below-market rates in the name of combating discrimination.
Talk about not learning from past mistakes: A government department is again intimidating banks into lending to minority borrowers at below-market rates, all in the name of combating "discrimination." Welcome to the next housing mess.
The 1990s may have brought us supercharged politicized lending, but Eric Holder's Department of Justice is taking the game to an entirely new level, and then some. The weapon is a "fair lending" unit created in early 2010, led by special counsel Eric Halperin and overseen by Civil Rights Division head Thomas Perez.
A sampling of Mr. Perez's thinking, from April 2010 congressional testimony
: "The foreclosure crisis has touched virtually every community in this country, but it disproportionately touches communities of color, in particular African-Americans and Latinos." And: "[C]ross burnings are the most overt form of discrimination and bigotry. Lending discrimination is some of the most subtle. It's what I call discrimination with a smile."
Even for the Obama administration's antidiscrimination cops, this is a shocker: A political appointee who's supposed to neutrally enforce the law loosely equates bankers with Klu Klux Klan thugs. But let's move from what may be Mr. Perez's personal bias, and focus on the broader brush strokes of the Justice Department—which seem designed to paint bankers into a corner.
Lenders who discriminate on the basis of race and those who make decisions on the basis of credit scores are two entirely different animals. The former our society doesn't permit, for moral reasons; the latter we encourage because it's fundamental to capitalism. A lender will go bust if he can't distinguish between a risky loan and a good loan. Poor people aren't well-served by getting loans they can't afford.
Historically, fair-lending cases have fallen into roughly two categories: "price discrimination" cases, in which lenders are accused of charging minorities higher prices than other clients, and "red-lining" suits, in which they are accused of intentionally failing to serve minority communities. Sounds straightforward for those who seek to obey the law.
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But not when Justice revives
"disparate impact" theory: the idea that even if lenders don't actively discriminate, they can still be sued if the cumulative effect of their actions implies discrimination. The latter is usually "proved" through statistical analysis (and the old standard—discriminatory intent—is thrown out the window). The Bush administration largely declined to pursue these cases.
And for good reason. Consider two AIG subsidiaries that Justice alleged "failed to supervise or monitor brokers in setting broker fees" between 2003 and 2006, but that Justice didn't pursue aggressively until the Obama administration. The government claimed that, in aggregate, African-Americans were charged more than other ethnic groups. AIG settled in March 2010 while it was under federal ownership, and Mr. Perez gained a big legal stick in price-discrimination cases. Suddenly lenders may be held liable for other people's business practices, even if those business practices aren't individually discriminatory.
Justice is pushing the legal envelope on red-lining, too. In a July 1 letter to Cardinal Financial Corp., Justice contends that after the bank bought George Mason Mortgage in 2004, it "failed to serve predominantly black areas on an equal basis with predominantly white areas" by not opening branches in majority-black areas or engaging in "effective outreach activities." Justice wants the bank to add nine counties to the Federal Deposit Insurance Corp.-approved geographic area where Cardinal does business.
more at-
Mary Kissel: Justice's New War Against Lenders - WSJ.com