US Secretly Banned JPMorgan's Growth for Years
OCC stopped bank's expansion into new states for rule infractions; Trump officials reversed Obama-era regulatory enforcement.
October 26, 2018 at 12:03 PM
5 minute read
State RegulationThe original version of this story was published on Law.com
For almost six years, Washington secretly shackled JPMorgan Chase & Co., the nation's biggest bank.
Now the chains are off, thanks to bank-friendly regulators in the Trump administration.
In actions never before made public, Obama administration regulators prevented the bank from opening branches in new states as punishment for violating banking rules, according to people familiar with the matter.
JPMorgan's ambitious plan to expand nationally, announced earlier this year, was made possible by the Trump administration's rollback of those restraints, which date from 2012, said the people, who asked not to be identified discussing regulators' impact on the bank's plans.
JPMorgan has racked up more than $30 billion in penalties, legal costs and related obligations since the 2008 financial crisis, some of which stemmed from its acquisitions of Bear Stearns Cos. and Washington Mutual Inc. Missteps include excessive risk taken by the London Whale trader and failing to flag transactions related to Bernard Madoff's Ponzi scheme.
Privately, the U.S. Office of the Comptroller of the Currency stopped JPMorgan from expanding into additional states while resolving compliance breakdowns as part of an unwritten regulatory policy, the people said.
Expansion Ban
While banks often have private conversations with regulators and even gauge their reactions to potential plans, the people with knowledge of the matter described the ban as one of the more extreme ways they exerted their control behind the scenes.
Regulators went to even harsher lengths earlier this year to punish Wells Fargo & Co., placing a cap on its assets after a pattern of lapses and abuses. Janet Yellen, who served as Federal Reserve chair under President Barack Obama, announced the unprecedented punishment on her final workday in office.
JPMorgan, the biggest U.S. bank by assets, operated 5,130 branches in 23 states at the end of last year. With fresh assurances from regulators under President Donald Trump, the people said, it's planning to open 400 branches in as many as 20 new markets in the next five years, including plans to build in Boston, Philadelphia and Washington, D.C.
This is the first time the bank is opening branches in a new state in more than a decade. The moves could translate into an additional $1.5 billion of revenue a year by 2022, according to Morgan Stanley.
'Extremely Excited'
"We are extremely excited to be expanding again, as smart regulatory policy and a competitive corporate tax system help us to deliver on our commitment to invest in our customers and communities," Chief Executive Officer Jamie Dimon said Oct. 12.
JPMorgan has resolved many of its compliance issues, but the OCC still has open enforcement actions against the bank, according to agency data.
Andrew Gray, a JPMorgan spokesman, said the bank wouldn't comment on supervisory issues.
"Opening new branches is a sustainable and long-term investment in the communities we serve," Gray said. "Entering new markets will bring the full force of JPMorgan Chase's business and philanthropic capabilities, create thousands of good-paying jobs, and allow us to serve more customers and local businesses by lending and investing in their community."
OCC spokesman Bryan Hubbard declined to comment.
New Branches
In loosening their grip on JPMorgan, authorities removed a critical barrier to the lender's growth. A 1994 law prohibits mergers between banks if the transaction would give any of them control of more than 10 percent of U.S. deposits.
With $1.3 trillion, JPMorgan already controls more than 10 percent — second only to Bank of America Corp. — which means adding branches in new markets is one of its only avenues for expansion.
The reversal comes amid anti-regulatory fervor under Trump. It's also consistent with the declared willingness of the new OCC head, Joseph Otting, to give financial institutions more flexibility when resolving concerns raised by OCC staff.
Otting worked closely with future Treasury Secretary Steven Mnuchin at OneWest Bank, now part of CIT Group Inc., when the lender came under fire for its mortgage-servicing business.
The OCC has overturned measures put in place by Thomas Curry, who led the agency from 2012 to 2017. He instituted tough standards in an effort to change the perception that regulators were too close to the institutions they were meant to police.
Relaxed Stance
Banks are responding to friendlier regulators under Trump by pushing into new markets and reassessing deals that likely would've been vetoed under Obama. Many elected officials and policymakers blamed reduced oversight for the 2008 financial crisis, which triggered the longest and deepest recession since the 1930s.
One person familiar with JPMorgan's plans said regulation was only partly to blame for JPMorgan not broadening its consumer bank in the decade after the crisis. The bank constantly evaluated ways to expand the consumer bank, but executives were hesitant due to the cost and difficulty, the person said.
JPMorgan is embarking on the biggest expansion of its consumer bank in a decade as new liquidity rules encourage banks to draw more funding from deposits, which tend to be cheaper, and rising interest rates stiffen the competition for retail customers. Bank of America also announced plans to open up branches in new markets earlier this year.
"I've been waiting to do this for 10 years," Dimon said in September.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Recent Decisions Regarding the Telephone Consumer Protection Act
- 2The Tech Built by Law Firms in 2024
- 3Distressed M&A: Mass Torts, Bankruptcy and Furthering the Search for Consensus: Another Purdue Decision
- 4For Safer Traffic Stops, Replace Paper Documents With ‘Contactless’ Tech
- 5As Second Trump Administration Approaches, Businesses Brace for Sweeping Changes to Immigration Policy
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250