[Congressional Record Volume 163, Number 24 (Friday, February 10, 2017)]
[Senate]
[Pages S1073-S1076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will proceed to executive session to resume consideration of the
following nomination, which the clerk will report.
The assistant bill clerk read the nomination of Steven T. Mnuchin, of
California, to be Secretary of the Treasury.
The ACTING PRESIDENT pro tempore. The Senator from Oregon.
Mr. WYDEN. Madam President, the Senate is now debating the nomination
of Steven Mnuchin to be the Secretary of the Treasury, and this is yet
another nomination on which the majority has walked away,
unfortunately, from a 20-year bipartisan approach when it comes to the
vetting process.
In 2009, when Tim Geithner was President Obama's first Treasury
nominee, a vetting issue came up and both sides of the Finance
Committee carried the investigation out to its conclusion, but the
situation has turned out quite differently this time.
There were several properties in the United States and abroad worth
$100 million missing from Mr. Mnuchin's disclosure. He failed to
disclose several positions in various firms. He misled the public. He
misled the committee about his bank foreclosure tactics, and he appears
to have hidden key data requested by Members of this body. Frankly, I
don't believe these investigations would have been uncovered at all if
not for the work of the minority's investigation team. The majority,
however, looked the other way, and the vetting process was ended
prematurely. So the vote on this nomination is imminent. That is the
first concern held by Members on this side, and I am going to speak
more about that today and as this debate continues.
This morning, though, I want to focus on the substance of our
concerns.
The single biggest challenge is what to do to reconnect working
Americans with this country's economic engine. There are communities
across the land, including many in my home State of Oregon where folks
are just waiting for economic recovery to show up. They see their homes
foreclosed, storefronts boarded up, factories shuttered. They
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just feel stuck. Aside from the President himself, nobody in America
has greater influence over this Nation's economic future than the U.S.
Treasury Secretary. That is the case whether it is through tax reform
that fights unfairness, rules that rein in Wall Street abuses, or smart
infrastructure and trade policies that create good-paying jobs here at
home. We call them red, white, and blue jobs.
The person who becomes Treasury Secretary has to be somebody who is
ready to work on behalf of all Americans, including those Americans
from the corners of our Nation where optimism has dimmed. If Steven
Mnuchin's record is any indication, he simply doesn't fit that mold,
not even close.
There is a lot to debate as the Senate considers Mr. Mnuchin's
nomination. Particularly significant, in my judgment as the ranking
member on the Senate Finance Committee, is the issue of how our Tax
Code punishes wage-earning Americans. I am going to cover that this
morning. In my view, though, the debate begins with the story of
OneWest, Mr. Mnuchin's bank. It begins with a lot of gory details of
how OneWest industrialized the process of kicking people out of their
homes and onto the streets, and it begins with the details of how Mr.
Mnuchin enriched himself at the same time his foreclosure machine was
running.
As I described, the financial crisis was a personal setback from
which a lot of Americans still have not recovered, but for Mr. Mnuchin,
it wasn't exactly a setback at all. In fact, it was the deal of a
lifetime. In March, 2009, Mr. Mnuchin led a group of investors who
bought IndyMac Bank, one of several banks that had been engulfed in
crisis the year before.
Mr. Mnuchin and his group got an unusually sweet deal from the
Federal Deposit Insurance Corporation, buying $23.5 billion worth of
assets for less than $1.6 billion. IndyMac was renamed OneWest Bank and
it opened up shop the very next day.
As part of this sweetheart deal, Mr. Mnuchin got what is known as a
Shared-Loss Agreement from the Federal Deposit Insurance Corporation.
Under the deal with OneWest, the Federal Deposit Insurance Corporation
made nearly $900 billion in payments to OneWest for IndyMac loans.
Total payments from the Federal Deposit Insurance Corporation to
OneWest, including payments for loans made to OneWest subsidiaries
First Federal, La Jolla, and Financial Freedom, were $1.22 billion.
It didn't take long after Mr. Mnuchin rolled out the newly branded
OneWest for the bank to be investigated by State attorneys general
around the country. Already they had big concerns about OneWest's
foreclosure practices, and this, in my view, is where you see the guts
of the foreclosure machine beginning to show itself.
As part of this investigation, a OneWest vice president who worked
under Mr. Mnuchin, Erica Johnson-Seck, admitted under oath to the
practice known as robo-signing. This witness said she signed more than
750 foreclosure documents a week without reading them and with no
notary present during the process. That is a violation of the law. When
asked how much time she spent executing each foreclosure document, Ms.
Johnson-Seck replied: ``I changed my signature considerably. It's just
an E now. So not more than 30 seconds.''
It was not just Ms. Johnson-Seck. She was part of an entire team
operating at this pace. In her deposition, Ms. Johnson-Seck stated
there were about 1,100 documents signed by her office each day, or
roughly 6,000 a week.
So amid an economic meltdown--our Nation shedding hundreds of
thousands of jobs, families facing an uncertain future--Mr. Mnuchin
found a way to profit. He bought a bank from the Federal Deposit
Insurance Corporation at an extreme discount. He struck a deal with the
Federal Deposit Insurance Corporation so he could be reimbursed for 80
percent or more of the bank's losses. He had at least one team in place
that could sign 6,000 foreclosure documents a week--6,000 individuals
and families a week thrown into this nightmare of potentially losing
their homes. Mr. Mnuchin and OneWest were churning out foreclosures
with ruthless efficiency. That doesn't sound to me like somebody who is
going to be the kind of person who is going to look out for the
interests of working families.
I want to talk a little bit about some who were victimized by
OneWest's industrialized foreclosure. One of those was Dee Roberson,
who in 2010 shared her story with the Orlando Sentinel. Ms. Roberson
told them her parents were struggling to pay off the balance of their
mortgage with OneWest. The mortgage had a balance of just $3,000, and
Ms. Roberson was trying to help her parents get to the finish line, but
instead of the usual mortgage payment of $600, OneWest demanded over
$1,000 a month. OneWest said the home was in foreclosure and wanted
$4,000 in attorneys' fees, but the Robersons had never received a
foreclosure notice. When Ms. Roberson called OneWest to sort things
out, it was just one big runaround.
Gerald Lembach is an Army retiree who needed cash to finish an
addition on his modest ranch-style home in Pasadena, MD. He and his
wife had owned their home for 23 years. According to a story in the
Baltimore Sun, Mr. Lembach discovered the monthly cost for the new loan
was much higher than what he expected. Instead of the $3,200 monthly
bill he anticipated, it was almost $4,300. OneWest, which took over the
servicing of Mr. Lembach's loan in 2009, denied his request for a
modification in October 2010, a month after it had started foreclosure
proceedings. He struggled with the process, and he hired an attorney
who noticed something that struck him as very odd. Signatures on the
foreclosure documents were fakes. In fact, various foreclosure
processors around the State of Maryland had been signing under the same
lawyer's name, but even with this discovery of false signatures, it
didn't bring about the speedy modification that Mr. Lembach was hoping
for.
Rose Gudiel and her family bought a small house in 2005, making
payments on the mortgage until her brother was murdered in 2009 and the
family lost his income. The next mortgage payment was 2 weeks late.
OneWest said it wouldn't accept it, and Ms. Gudiel had to apply for a
loan modification instead, but OneWest didn't actually own the
mortgage, they were only servicing it. They didn't even have the
authority to grant a modification. So this citizen was caught in limbo
for 2 years, unable to modify the loan and at the same time had to
fight eviction.
Out of options, Ms. Gudiel and a group of protestors went to Mr.
Mnuchin's home, protesting outside and demanding answers. Shortly
thereafter, despite OneWest's claim that there was nothing they could
do to help Ms. Gudiel, they relented. She was allowed to keep her home,
but it took essentially a four-alarm public relations calamity to make
that happen.
Mark and Jenny Gin are another case Mr. Mnuchin may have heard about.
The Gins sued OneWest in San Mateo Superior Court, and they won.
I will just describe a little bit from the San Francisco Chronicle
how their case played out. While the Gins were making dozens of calls
and submitting reams of paperwork to get a loan modification from
OneWest, another department of the bank proceeded to foreclose on their
home. This is especially important because this is a phenomenon known
as dual tracking.
OneWest strung the Gins along for months before telling them just to
send in their loan modification application. They said the Gins would
have an answer in 30 to 60 days. But instead of a modification, they
got an eviction notice. They were forced out of their home while Ms.
Gin was 8 months pregnant and grappling with a breast cancer diagnosis.
They were left with no choice but to take OneWest to court. Their
legal battle stretched more than 2 years. The costs were so substantial
that even a victory in court could not save their home.
Those are all examples of typical mortgages--everyday homeowners
caught up in OneWest's exceptional and ruthless foreclosure practices.
But it wasn't just your typical mortgage that OneWest foreclosed
upon; the bank had a big reverse mortgage operation called Financial
Freedom, and the foreclosure machine was running and running and
running over there too.
The goal of a reverse mortgage is to give older people--62 or older--
the opportunity to use the equity in their homes to help cover the
bills. Unfortunately, it doesn't always go smoothly.
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In OneWest's reverse mortgage division, it often went terribly wrong.
A lot of older couples of modest incomes who got reverse mortgages
put them under only one name, often the husband's. But here is the
catch: If the person whose name appeared on the documents passed away,
the terms of the reverse mortgage required the loan to be paid back in
full. If it wasn't, then the foreclosure process once again kicks in.
So you have a family where first they lose their loved one, then they
lose their home, and they are caught up in this nightmare scenario of a
reverse mortgage. A common name for this practice--it almost hurts to
say it--is ``widow foreclosure.'' Widow foreclosure.
According to documents reviewed by the California Reinvestment
Coalition, during the first 6 years Mr. Mnuchin ran OneWest, the bank
accounted for nearly 40 percent of all federally insured reverse
mortgage foreclosures. They led the Nation in widow foreclosures.
You know, if you think about what you can lead the Nation in and you
are thinking about trying to help hard-hit families, the kinds of
families I just described, I would like to lead the Nation in terms of
reaching out and finding imaginative ways to help them, to really go to
bat for them, take them through the process, create something that is
fair and commonsense.
What does this bank do? They lead the Nation in widow foreclosures.
In one case, OneWest and its predecessor tried to foreclose on an
elderly Florida woman. That was twice. The first time, Mr. Mnuchin's
bank tried to foreclose on her home and filed paperwork saying she
didn't live there. When they finally discovered she, in fact, did live
in the home, they backed off. Two years later, OneWest's new parent
company, CIT, where Mr. Mnuchin was a board member, tried to foreclose
again. This time it was over an unpaid bill of 27 cents.
This involved a woman who was 90. A woman who was 90 was involved in
a foreclosure with an unpaid bill of 27 cents. She had to fight to keep
her home twice because she was bombarded with petty and inaccurate
allegations from Mr. Mnuchin's bank.
The President recently tweeted out an allegation that this story was
``fake news'' because the elderly woman never actually lost her home.
The ordeal that OneWest's foreclosure machine put her through certainly
was not fake news to her and others who were up against this activity.
While OneWest was putting thousands of homeowners through the
nightmare of foreclosure, Mr. Mnuchin used the bank's money to make
some pretty flashy investments in Hollywood. In September 2012, OneWest
led a group of financial institutions that established a revolving
credit facility for Relativity Media of hundreds of millions of
dollars. Relativity was a movie studio led by a flamboyant executive
named Ryan Kavanaugh.
Press accounts also claim that Mr. Mnuchin and Mr. Kavanaugh became
good friends. In fact, even though Mr. Kavanaugh was a client who owed
his bank hundreds of millions of dollars, he and Mr. Mnuchin bought a
private jet together and then traveled to various kinds of film
festivals around the world. They were even investing in real estate
together. They put millions into a shell company, HMBAC LLC, which
owned property in Southern California.
In October of 2014, Mr. Mnuchin decided to buy into Mr. Kavanaugh's
movie studio himself. He purchased a stake. He was appointed cochairman
of Relativity.
So while he was pulling double duty on the boards of OneWest and
Relativity, OneWest had to report the size of the insider loans the
bank was making to Relativity. As a share of bank capital, OneWest's
insider loans exceeded 94 of the country's 100 biggest financial
institutions.
Unfortunately, Mr. Mnuchin's time with Relativity didn't go so hot.
Each year from 2012 to 2014, the studio suffered eight- or nine-figure
losses. Finally, in 2015, Relativity's problems came to a head, but it
owed OneWest and Mr. Mnuchin a huge sum of money.
On May 29, 2015, Mr. Mnuchin quit the board. A few days later, funds
totaling $50 million in cash were swept back to OneWest from several
Relativity operating accounts. One of those accounts was earmarked to
pay guild expenses--salaries for everyday contractors and production
tradespeople. That put the nail in Relativity's coffin, and the studio
declared bankruptcy.
Mr. Mnuchin's adventure of putting OneWest money into Relativity
might have been a big mess, but it sure didn't do much damage to the
bank's bottom line.
Around the time Relativity crumbled, OneWest was purchased by an even
bigger group, the CIT Group, at a massive profit. Mr. Mnuchin and his
investors originally bought the bank in 2009 for less than $1.6
billion. In 2015, CIT Group bought it from Mr. Mnuchin and his partners
for $3.4 billion.
In between, while tens of thousands of Americans were going through
this daily nightmare of losing their homes, the bank had paid out more
than $1 billion in dividends to Mr. Mnuchin and its other owners.
Buying OneWest was literally the deal of a lifetime for Mr. Mnuchin,
but the bank's conduct caught the attention of Federal watchdogs more
than once. In 2011, the Office of Thrift Supervision conducted an
examination of OneWest's foreclosure process, and I am just going to
outline a few of the findings. These are the findings of the Office of
Thrift Supervision, which is in the business of monitoring and
examining these institutions.
They found, for example, that OneWest employees filed affidavits in
State and Federal courts, falsely stating that they had conducted a
review and had personal knowledge regarding the details of a disputed
mortgage, including principal and interest due or other fees and
expenses when no such reviews had taken place.
OneWest employees filed documents in State and Federal courts that
had not been signed or affirmed in the presence of a notary.
OneWest litigated foreclosure and bankruptcy proceedings without
ensuring that the promissory notes were properly endorsed or assigned
and in possession of the appropriate party at the appropriate time.
OneWest failed to devote sufficient resources to the administration
of its foreclosure and loan modifications procedures.
OneWest management failed to enact adequate internal oversight and
controls to its foreclosure processes.
Finally, OneWest failed to adequately oversee the outside lawyers
handling foreclosure-related services.
The Office of Thrift Supervision also demanded that OneWest take
corrective action, and it issued what is known as a consent order.
Basically in English, this OneWest consent order was an agreement to
clean up its act. The order was signed personally by Mr. Mnuchin and
the OneWest board of directors. They had been running OneWest for 2
years at this point, and the company was rife with problems.
In 2014, another watchdog stepped in. This time, it was the Office of
the Comptroller of the Currency. Their audit found that more than
10,000 OneWest borrowers were due $8.5 million for improper foreclosure
practices. According to the same report, OneWest paid nearly $3 million
to 54 borrowers for violations of the Servicemembers Civil Relief Act,
which protects members of our armed services from losing their homes
while they are serving our country.
So just think about that one. Here is the bank having to pay
borrowers $3 million for violations of the Servicemembers Civil Relief
Act. This is what protects the courageous people who serve our country.
It is a law that protects these people from losing their homes while
they put themselves at great risk, may make the ultimate sacrifice, and
every day, their families at home are worrying about them and often
worrying about their finances.
According to this report, OneWest paid nearly $3 million to 54
borrowers who violated this law that protects the courageous men and
women who wear the uniform of the United States.
At the heart of these investigations was the issue of robo-signing,
the practice I have spoken about earlier in the context of the OneWest
team churning out 6,000 foreclosure documents a week. Senator Casey and
Senator Brown on our committee really zeroed in on this issue. And it
was particularly concerning in this context to Senator Casey, who
represents a lot of people
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who lost their homes to foreclosures by Mr. Mnuchin's bank.
So Senator Casey put the question to Mr. Mnuchin in writing after Mr.
Mnuchin had his Finance Committee hearing. Senator Casey asked pretty
simply: Did OneWest robo-sign documents?
This was a straightforward question, and based on the public record,
the answer should have been a straightforward ``yes.'' Instead, Mr.
Mnuchin replied, ``OneWest Bank did not robo-sign documents.''
Years of documented proof say that is false. So the committee gave
Mr. Mnuchin an opportunity to amend his response. Once again, Mr.
Mnuchin denied--denied--the truth. First he said, ``The concept of
`robo-signing' generally referred to two distinct but related issues:
(a) a signer of a foreclosure affidavit attested to facts that were not
verified to be accurate; or (b) a signer of a foreclosure affidavit
represented himself or herself to be someone else.''
So that is a fancy way to explain. When we gave him an opportunity to
amend his answer, Mr. Mnuchin again denied the truth on this question
of OneWest robo-signing documents.
And he went on to say, ``OneWest did not do these things.''
There is just no way of getting around it--none. That statement is
flat wrong.
The language Mr. Mnuchin used to redefine robo-signing is nearly
identical to the language used by the Office of Thrift Supervision in
the findings of its investigation. Given the watchdogs report,
testimony from OneWest employees, and the public record, Mr. Mnuchin
cannot possibly, in good faith, claim that OneWest did not robo-sign.
In fact, Mr. Mnuchin's signature is on one of the documents that proves
otherwise, the Office of Thrift Supervision consent order. He ran the
bank. Surely, he had to read the document before signing it. So Mr.
Mnuchin misled the Finance Committee and the American people on robo-
signing, directly contradicting a mountain of evidence.
Senators Casey and Brown represent States where a lot of families
were hammered through foreclosures pursued by Mr. Mnuchin's bank.
Senator Casey and Senator Brown decided to do some more digging into
the information. Senator Casey sought OneWest national foreclosure
figures. Senator Brown asked for a State-by-State breakdown. This
information was never provided.
At first Mr. Mnuchin said he just couldn't get the data. Then Senator
Heller made a similar request. It seems Mr. Mnuchin answered
sufficiently to satisfy Senator Heller, whose State had a large number
of OneWest foreclosures. So in my mind, that raises a question about
why a Republican Senator could get his inquiry answered but a pair of
Democrats could not.
Getting other basic facts from Mr. Mnuchin was pretty much like a
painful time at the dentist, pulling teeth. Here is an example. The
Finance Committee requested nominees ``list all positions held as an
officer, director, trustee, partner, proprietor, agent, representative,
or consultant of any corporation, company, firm, partnership, other
business enterprise, or educational or other institution.''
When Mr. Mnuchin filed his paperwork with the committee, he signed
them, attesting that the document was true, accurate, and complete.
However, it became apparent to committee staff that key information was
missing. In particular, SEC filings indicated that Mr. Mnuchin was
director of Dune Capital International, an entity located in the Cayman
Islands. It was nowhere to be found in Mr. Mnuchin's paperwork. He also
failed to disclose his role as chairman and CEO of the OneWest
Foundation, an entity that is alleged to have made generous donations
to groups that publicly endorsed OneWest's controversial purchase by
CIT Group. He even failed to report that he had been chairman of IMB
HoldCo, the holding company that he used to purchase IndyMac, the bank
that he turned into OneWest. All told, after questions were raised by
the Finance Committee's staff, Mr. Mnuchin disclosed that he held
positions in an additional 14 entities that were not listed on his
initial paperwork.
Here is an example of Mr. Mnuchin's failure to fully disclose his
various investments. The Finance Committee requests that all nominees
list ``the identity and value of all assets held, directly or
indirectly, with a value in excess of $1,000.'' That is pretty
straightforward. ``The identity and value of all assets held, directly
or indirectly, with a value in excess of $1,000'' was to be disclosed.
Mr. Mnuchin failed to do this as well. On his initial paperwork,
committee staff noted that Mr. Mnuchin listed membership in a vacation
resort in Mexico, but he didn't disclose any related property. That was
only the first case of missing Mnuchin real estate. After questioning
by committee staff, Mr. Mnuchin disclosed still more missing Mnuchin
real estate--an additional $95 million in real estate holdings that had
not been listed on his initial paperwork. The fact is, the committee
had to take the time and ask the questions to track down these
multimillion dollar properties, Mr. Mnuchin's unreported businesses,
and his undisclosed business relationships.
Again, I am convinced that none of what I have described, these
undisclosed assets--these substantial and undisclosed assets--would
ever have been brought to light if it wasn't for the work of the
committee's minority staff investigators. Yet despite these efforts,
Mr. Mnuchin still has never produced the information requested by two
members of the Finance Committee, Senators Casey and Brown, concerning
the OneWest foreclosures.
My view is that this is another nominee who has the ethics alarm bell
sounding. He has already misled the public. He appears to be concealing
information requested by Members of this body, and his claim to fame is
the cold and staggering efficiency with which his bank booted predatory
lending victims out of their home. I just don't think this is the type
of person who should lead the Treasury Department.
Because we will have further discussion on this, I simply close
speaking about the kind of person I want to see head the Treasury
Department. I note that I have supported a number of Republicans for
this particular position in my time on the Finance Committee. I want
the kind of person who is going to give everybody in America the
opportunity to get ahead. We are going to have more discussion about
taxes and particularly important in this role will be the Treasury
Secretary's view of taxes.
We have a Tax Code that is really a tale of two systems. If you are a
cop or a nurse in West Virginia or in Oregon, your taxes are
compulsory. Once or twice a month your taxes are just lifted out of
your paycheck because you are a working person. That is the way it
works in West Virginia. That is the way it works in Oregon.
But if you have a battery of financial experts, it doesn't work that
way. You can use that battery of financial experts to pay what you
want, when you want to, and, maybe, not much at all. For this position
I want somebody who feels passionately about giving everybody in
America the opportunity to get ahead, who really understands what a
priority it is to work to bring economic recovery to those communities
dimmed by hardship and suffering folks. I know there are a number of
people like that in the State of the Acting President pro tempore of
the Senate, and there sure are a lot of them in my home State of
Oregon. A lot of those rural communities just feel like they have been
hit by a wrecking ball. That is the kind of Treasury Secretary I want--
a Treasury Secretary who gives everybody in America the opportunity to
get ahead.
Thus far, I just don't see Mr. Mnuchin fitting that mold. We will go
on to talk about other issues next week, particularly, his view with
respect to taxes. We will have further discussion on it next week.
I urge my colleagues to oppose this nomination.
I yield the floor.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. SULLIVAN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.