Banking

Governments Push Thousands into the Black-market Economy

Written by Nicolai Heering

Like water, money follows the path of least resistance. Therefore, it is only natural that when governments force banks to make life difficult for their account holders, money finds other ways of reaching its destination. Not only do banks make it hard to open new accounts, they also debank – i.e., close the accounts of – hundreds of thousands of existing customers every year, without any proof of wrongdoing. 

An example of this is how Barclays Bank in October 2023 advised all current account and savings account holders living overseas that their accounts would be closed. This also applied to UK citizens. As it would be ludicrous to claim that all such account holders are criminals, this merely illustrates how the bank does not want to foot the bill of doing compliance checks on those individuals. Rather than spend money on checking each individual customer, banks simply debank whole groups of customers that they deem to be higher than average risk.

For that, we can thank the draconian anti-money laundering regulations that governments have gradually put in place since 1990 and dramatically expanded in 2001 and 2017. These are the cause of almost all the red tape that traditional banks increasingly use to block both new account openings and international bank transfers, and they are the reason why swathes of people are suddenly debanked through no fault of their own.

Individuals thus locked out of traditional banks instead turn to cash, cryptocurrency, non-fungible tokens, casinos, and hawala payment providers in order to be able to make and receive payments, and to accumulate savings. At the same time, it has probably never been easier to keep money and make payments outside the traditional finance system, given the widespread adoption of cryptocurrencies and the increasingly international scope of Chinese underground banks, for instance. Measuring the extent to which each of these alternative payment options is being used is obviously rather difficult given the illicit nature of some of them, but the cryptocurrency market alone can now be counted in not just billions of dollars, but trillions. As for Chinese underground banks – also known as feiqian – various separate criminal cases show that they account for transactions worth billions in dollar terms.

It would be wrong to condemn users of alternative payment methods as criminals as only a fraction of them are. The payment methods themselves are often perfectly legitimate, as is the case with cash and cryptocurrency, for instance. It is how and for what these payment methods are used that indicates whether or not any given transaction is carried out in the black-market economy (BME). A payment in cash to a tradesman for construction work with the understanding that the tradesman will not charge VAT or report the income for income tax is an example of a BME-transaction. A payment in cryptocurrency for a pizza from a restaurant is not an example of a BME-transaction. The former transaction is not protected by consumer legislation whereas the latter one is.

For payment services, consumers are protected by way of various rules and laws whenever they use traditional finance such as banks, credit card companies, or established payment service providers such as PayPal. But whenever payment is made using cash or cryptocurrency, for instance, consumer protection is less certain. A tradesman may claim that he never received a certain cash payment, and there is little the consumer can do about that if he does not have a receipt. Another example is a debanked person who transfers his assets to cryptocurrency, only to find out later that the balance in his crypto account is suddenly zero.  Unfortunately, theft of cryptocurrency is a real risk. In 2023, a whopping $2 billion worth of cryptocurrency was stolen from its owners. For comparison, the turnover of the entire Scottish salmon industry, Britain’s biggest food export, is $1.3 billion annually

As this illustrates, debanked individuals are much more at risk by virtue of being forced to rely on alternative payments solutions. While cash and cryptocurrency are welcome safeguards against governmental overreach in banking, their use not only encourages some consumers to start transacting in the BME but also puts consumers at risk due to being denied the statutory protection that comes with the use of traditional financial services. Thus, the overzealous anti-money laundering regulations that governments increasingly force on to the banking sector amount to an embarrassing own goal if the purposes are to protect fiscal revenue and protect the public.

To remedy the problem, consumers of financial services should be lured away from the BME and back to traditional finance. That can only be done by way of drastically scaling back the bloated anti-money laundering regulations that achieve little apart from pushing perfectly legitimate businesses and individuals into the risky embrace of the black market.

Nicolai Heering is the Financial Freedom Fellow at the Consumer Choice Center and is a passionate advocate for smarter financial regulations to improve consumers’ lives.

Outrage over outage: Online banking users call for better communication, security

KUALA LUMPUR: Users are overwhelmingly frustrated by the frequent online banking services outages and demand stronger security measures and clearer communication from financial institutions (FIs).

Industry observers believe the recent disruptions in online banking services by two of Malaysia’s largest banks call for more proactive security measures and transparent communication strategies from FIs.

Consumers Association of Penang (CAP) president Mohideen Abdul Kader said FIs often have a “kill switch”, a security feature that allows account holders to instantly block their internet banking access, accounts and cards if they suspect they are victims of a scam or that their login credentials have been compromised.

“Some FIs also offer a temporary kill switch to deactivate credit cards when they are not in use. FIs should display a message if there is an outage or anything concerning online services to prevent unnecessary worry for their customers, who might otherwise fear that their devices have been compromised,” he added.

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Bad rules are making banking more expensive

When the Financial Action Task Force was established by the G7 group of nations back in 1989, the national leaders at the time probably did not imagine that their rules for combatting money laundering would one day cost their citizens double the amount of money spent on the policing of all other crimes put together. Nevertheless, that is precisely the situation today in the UK, one of the founding G7 members.

A new discussion paper from the Institute of Economic Affairs provides some startling data. In 2021/22, UK banks were forced to spend £34.5 billion to comply with Anti-Money Laundering Regulations (AMLR). In contrast, the total cost of policing the entire country was £17.4bn.

The general public may be forgiven for believing that the enormous cost of AMLR compliance has nothing to do with them, as it is paid for by the banks. However, banks are mostly owned by private shareholders and are, therefore, for-profit enterprises. Consequently, the banks are obviously not going to simply accept a massive £34bn dent in their operating income due to government regulations, and they have little choice but to pass on those costs to their customers. 

They do so by charging higher account maintenance fees and higher interest rates on loans and mortgages, and by paying less interest on deposits. Dividing up the £34.5bn costs of AMLR compliance in the UK, one arrives at a cost per bank customer of £220 annually.

Whether by accident or design, politicians have thus detached the state and themselves from the cost of financial policing. This is extremely convenient for the politicians, as the public tends to blame the bankers, already a much-maligned tribe, for the excessive AMLR bureaucracy and the corresponding costs that the banks burden their customers with.

In spite of the extreme costs, at least the AMLR protect the average consumer against unscrupulous criminals who could otherwise use banks for their nefarious activities – right? Probably not so much. 

The single largest source of money laundering is the illegal drug trade. Between 1990, when the first AMLR were introduced, and 2021, the number of illegal drug users around the world is estimated to have increased by 60%, and the number of drug-related deaths to have doubled. In 2022, cocaine prices fell by some 30%. Probably not due to less cocaine use, given that its ubiquitous availability suggests an undimmed popularity, but more likely due to a greater supply of the drug.  As with any commodity, prices go down when the supply of it goes up, and the demand remains unchanged.

Apart from being very expensive and probably rather ineffective, the AMLR also have very unpleasant consequences for the large number of blameless individuals who have their bank accounts closed by the banks simply as a precautionary measure. About 170,000 individuals are being debanked in the UK every year due to the AMLR. By comparison, only some 1,000 individuals are actually convicted of money laundering. Thus, the remaining 169,000 individuals are done a very serious injustice as being without a bank account has profoundly negative consequences for most people.  

Again, overzealous AMLR are to blame since the cost of compliance for the banks is so high that they simply choose to debank certain categories of customers rather than spend time and money on finding out whether each individual customer has done anything wrong.

Originally published here

Elizabeth Warren Ditches Consumer Welfare In Support of Big Banks

Sen. Elizabeth Warren (D-Mass.) loves to cast herself as the ultimate public defender of consumers and the arch-nemesis of bankers on Wall Street. 

However, with her recent record opposing popular mergers and shutting down regulatory reform for Bitcoin and its crypto-offspring, Warren has sided more with the major banks rather than new players that stand to empower consumers.

In the last month, Warren has used her perch in the Senate to oppose the repeal of the Securities and Exchange Commission’s Staff Accounting Bulletin 121, which would have allowed financial institutions to more safely hold cryptocurrencies. She’s also moved to shut down Senate debate on the House-passed Financial Innovation and Technology for the 21st Century Act, the first substantial federal framework for digital assets.

In the same vein, Warren opposed the prospective merger between Discover and Capital One Bank, the first serious joint venture that could have rivaled the payment networks of Visa, Mastercard, and American Express. 

Warren, along with left-leaning groups like Americans for Financial Reform and the American Economic Liberties Project, claims the acquisition will stifle competition and harm consumers by creating the largest U.S. credit card issuer in terms of assets.

Their coalition argues Capital One would hike merchant fees and make its users pay higher for using their cards, saddling millions of customers with high-interest debt they could never hope to pay off. 

This critique misses a crucial point: the real threat to competition comes from the entrenched banks that already have dominant market positions, not from the emergence of new competitors that may offer better products.

Many of the large banks with a power base in Washington, D.C. have flexed their regulatory muscle to stop the merger from happening, for the precise reason that it would lead to more competition in a highly regulated space.

In a recent American Banker article, Intrepid Ventures’ Eric Grover made this very case, “The other goliath banks don’t want the deal to go through because they’ll face a more formidable competitor.” Combining the customer base of Capital One banking and credit customers with a dedicated payment network in Discover would unlock some needed competition for payment rails using either debit or credit cards.

In opposing the deal, Warren is purporting to save consumers from yet another “too-big-to-fail” bank, but rather than protecting the little guy, she’s depriving each and every one of us from accessing additional financial service options.

Warren’s position protects big banks from having to innovate and compete and allows them to keep costs high and choices limited for consumers. This isn’t a minor oversight. It raises serious questions about Warren’s true motivations.

In pursuing a centralized, highly regulated financial services sector, Elizabeth Warren has become a warrior for the incumbents rather than the upstarts. She’s chosen to fight for the boardrooms rather than consumers and their wallets.

Despite Warren’s best efforts, the financial landscape is evolving, with digital wallets and flexible credential technologies from companies like Visa and Curve, which offer consumers unprecedented flexibility at checkout. They’re also working to protect consumer privacy by issuing virtual numbers to avoid identity theft. 

FinTech services have slowly gained adoption across the country, providing new ways to consumers to fund their lives and save for their families.

A merger could harness these technologies and provide merchants with more routing options that lead to potentially lower costs for both the provider and the consumer. More choices at the point of sale mean greater competition among the card networks for your loyalty. 

That means an arms race to improve rewards programs.

Despite this potential upside, Warren insists the acquisition can only harm consumers.

The Federal Reserve and the Office of the Comptroller of the Currency (OCC) have extended the public comment period for this acquisition, ensuring a more thorough review. Hopefully, this will allow consumers time to have their say in voicing the need for more competition in the banking sector.

Competition could take the form of innovation in the adoption of cryptocurrencies, a key demand of millennials and minorities who are more likely to hold these assets. It’s an undeniable next frontier for FinTech and banking services which give consumers more control of their money.

Elizabeth Warren’s opposition to the Capital One-Discover acquisition, framed as consumer protection, is actually a defense of the entrenched Wall Street giants who oppose it. 

It’s past time to hold Warren and her cadre of manipulators accountable. Allowing this acquisition to proceed could foster a more competitive and innovative financial sector that benefits all consumers. That’s a goal we should all be able to agree on.

Originally published here

De-Banking Is an Avoidable Consequence of Strict Financial Regulation

In the modern world of finance, regulation has become the name of the game. Governments across the globe, particularly in the United States and Europe, have ramped up their efforts to ensure that banks operate under a single set of strict rules and guidelines. While this may seem like a necessary step to curb financial misconduct, it has inadvertently led to a surge in compliance costs and an alarming increase in the debanking of customers. Nigel Farage’s high-profile case may have captured headlines, but the real victims are the countless individuals and businesses losing access to their bank accounts due to sloppy risk management.

The U.S. Treasury Department rightly recognizes the potential dangers of de-risking, which refers to the indiscriminate termination or restriction of business relationships with broad categories of customers over “compliance” concerns. In a reportmandated by the Anti-Money Laundering Act of 2020, the Treasury Department shed light on the adverse consequences of de-risking. 

They found that it poses not only a threat to national security but also disrupts the very fabric of the financial system, driving legitimate financial activities away from regulated channels.

Deputy Treasury Secretary Wally Adeyemo emphasized that “broad access to well-regulated financial services is in the interest of the United States.” This statement underscores the importance of striking a balance between regulation and access to financial services. Risk mitigation must have limits. 

The heart of the issue isn’t the profit motive of banks, but more so the overwhelming burden of compliance costs and poorly written regulations directed at banks’ customers. Banks, as profit-driven entities, must allocate their resources efficiently. When compliance costs skyrocket due to complex and ambiguous regulations, they are forced to cut corners, often resulting in the hasty termination of customer accounts as a risk-mitigation measure. 

It’s not uncommon for this to be an automated process, similar to the automation of content moderation on social media platforms, which so often leads to deplatforming without transparency or explaination. 

Everyday consumers, small and medium-sized money-service transmitters, and nonprofit groups operating in high-risk jurisdictions bear the primary burden of de-risking policies. These entities are the lifeblood of many communities, enabling remittances, facilitating humanitarian aid and disaster relief, and providing financial resources to low- and middle-income populations. 

What a human supervisor within a bank might understand as the flow of money between international nonprofits, an automated system developed for de-risking might flag as money-laundering. The old adage of “If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck” does’t apply well to regulating global finance. 

The Treasury Department’s report offers a glimmer of hope by suggesting policy recommendations to address the issue.

It advocates for consistent supervisory expectations of anti-money laundering regulations, and support for international financial institutions’ efforts to combat de-risking. However, these recommendations must translate into tangible actions to make a real difference.

One of the most troubling aspects of de-risking is the lack of transparency and accountability in the process. Banks tend to operate as judge, jury, and executioner when it comes to terminating customer accounts. They often fail to engage in meaningful dialogue with their customers, leaving them without recourse or the opportunity to address concerns or rectify perceived compliance issues. More competition in the banking system and allowing more market entrants such as neo banks would boost choice and enable business models around serving consumers with a higher risk profile.

In the quest for a safer and more transparent financial system, it is crucial that regulators and banks find a middle ground. While compliance is vital, it should not come at the expense of legitimate businesses and individuals. 

Clear, concise, and fair regulations, coupled with a willingness to engage with customers in the debanking process, can go a long way in mitigating the negative impacts of de-risking.

It is high time for regulators and financial institutions to heed the call of Deputy Treasury Secretary Adeyemo and work collaboratively to strike a balance between stringent compliance and maintaining broad access to well-regulated financial services. The livelihoods of countless individuals and businesses depend on it, as does the national interest.

Originally published here

The Sanders, AOC Credit Card Interest Cap Will Only Hurt Consumers

Washington, D.C. – Today, Sen. Bernie Sanders and U.S. Rep. Alexandria Ocasio-Cortez are introducing legislation in their respective chambers to put a cap on credit card interest rates.

Yael Ossowski, Deputy Director of the Consumer Choice Center (CCC), said “This measure to cap credit card interest rates may be well-intended, but it will ultimately end up hurting low-income Americans who need access to credit most desperately.”

“By placing a cap on credit card interest rates, borrowers who would otherwise use credit cards to pay bills and buy groceries for their families will be the first ones forced out of the credit system,” said Ossowski.

“The people who need access and who depend on credit cards to cover large transactions between paychecks are usually those who cannot otherwise gain access to credit and loans from banking institutions. If a cap on rates is passed, these borrowers will be pushed out of the credit card market and will be forced to take out loans at exorbitant rates by other, possibly illegal, means.

“Thankfully, there are legions of credit cards and credit unions that can offer low or zero interest rates to consumers as introductory offers. Mandating a cap would mean these offers would virtually disappear, making it even harder for the less well-off to afford to pay bills.

“At the same time, extending the U.S. Postal Service’s mandate to become a bank is just inviting trouble, especially for a government service that can barely make a profit as it is. It is wishful thinking to suggest that politicians in Washington will be the ones to revolutionize banking for everyday Americans.

“Reducing credit card interest rates for ordinary consumers is a noble goal, but a federal cap will do more to harm consumers than good, especially the people that depend on these cards to cover their week-to-week expenses,” said Ossowski.

The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org.

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Legal Cannabis Is Here to Stay, and Consumers and Entrepreneurs Deserve Safe Banking Options

On Wednesday, US Rep. Gregory W. Meeks (D-NY) will lead a subcommittee hearing on access to banking services for cannabis-related businesses. For hundreds of millions of Americans across the country, cannabis is no longer the “reefer madness” street drug it once was. Much like alcohol before it, the cannabis plant has evolved from a narcotic […]

Do credit unions still warrant a tax exemption?

AMERICAN BANKER MAGAZINE: Yael Ossowski, the deputy director at the Consumer Choice Center in Washington, D.C., said he began to pay more attention to credit union taxation after being struck by the presence of several large credit unions in his home state of North Carolina. “The huge footprint with a lot of these credit unions sparked […]

Cryptocurrency Regulations Should Not Stifle the Innovative Potential of Blockchain Technology

By Nur Baysal | 12. February 2018 Recently, the prices of cryptocurrencies like Bitcoin and Ethereum made new headlines: After reaching a staggering all-time-high of $19,783 in December, the price of Bitcoin lost more than half of its value in January and February, dragging the price of other cryptos down alongside it. During this time, a plethora […]

Europe has the potential to become the global blockchain powerhouse – Let’s not miss it!

VOCAL EUROPE: The last year marked unseen price surges of cryptocurrencies. Now 2018 seems to challenge Bitcoin and Co. on how resilient these innovations and their investors will be. Though blockchain is famous for creating a new class of millionaires it provides many applications beyond mere cryptocurrencies including identification, verification, immutable databases, and many more.

Consumer Choice Center Calls for End to CU Tax Exemption

ABA BANKING JOURNAL: CCC calls on the Trump administration and Congress to take steps to eliminate the credit union tax exemption as part of the broader plan to reform the U.S. tax code.

Why should banks pay taxes while credit unions get a break?

CHARLOTTE OBSERVER: If Congress and the administration are serious about making America’s tax structure fairer, their first action should be to end the free ride enjoyed by large credit unions at the expense of banks and taxpayers.

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