The bankers are back at it again and this time it is a bombshell. If you were to read the Dodd-Frank Act, I am certain that it will make your head spin reading it in its entirety. I know this because I have and I am still spinning from its complexities. This bill is over 2300 pages with numerous amendments to congressional acts dating back to 1934. This bill deals mainly with the finance and banking sectors of the United States. I am not an economist or financier so I will touch lightly into the actual regulations but mainly in the details of the usurping of power to private non-governmental powers in our banking system. This had been done through the establishment of new institutions and councils that are all in control by the Federal Reserve System, which is a private institution not subject to the jurisdiction of the Federal Government. The failure in the Federal Reserve Act of 1913 to restrict the autonomy of this central bank is some of the reasons we are where we are today.
This act begins with the establishment of the “Financial Stability Oversight Council”. The chairman of this council is the Secretary of the Treasury. Among other voting members includes the Comptroller of the Currency and Director of Consumer Financial Protection ( Two new positions I will discuss in detail later ), Chairman of Securities and Exchange Commission, Chairman of Federal Deposit Insurance Corporation, Chairman of Commodity Future Trading Commission, Director of Federal Housing Finance Agency, Chairman of National Credit Union Administration, and an independent member assigned by the President that is qualified in insurance issues. The council also includes non-voting members which include Director of Office of Financial Research, Director of Federal Insurance Office, as well as appointed State insurance, banking, and securities commissioners. Non-voting members are allowed to advise or influence, however, no voting rights in council matters. They also have selected term periods yet voting members are held indefinitely.
I contend that this council is established to usurp the last standing powers that are not held by the Federal Reserve System. I base this on what the authority of this council oversights and regulates. The council is created to oversight and promulgate regulations on non bank financial and bank holding companies. There is also authority delegated to demote certain companies out of bank-holding status.
The council has at its disposal an establishment of the Office of Financial Research. This office is a branch of the Department of the Treasury. The purpose of OFR is to collect data for the council. A most interesting point is how this office is funded. The Act states that the “Financial Research Fund” shall be held at the Treasury of the United States [ Notice : Not Department of the Treasury]. It also states that this fund is not to be construed as a government or appropriate fund. It is plain as day that even in congressional acts, there is a distinction between the Treasury of United States and the Department of the Treasury, which is a subsidiary of the Federal Reserve System. Apparently, it is the U.S. Treasury’s obligation to hold funds for private institutional research. As of now I am not sure the reasoning behind this.
In Title 3, this details the transfer of powers from the now dismantled Office of Thrift Supervision that was created in 1989. In recent years OTS has been stained by supposed unethical, criminal, and irresponsible conduct and behavior.
In the “Enhancing Financial Institution Safety and Soundness Act of 2010” part of Dodd-Frank; it details the transfer of powers of the OTS to the Board of Governors of the Federal Reserve System, Comptroller of the Currency ( Established in this Act as a branch of the Department of the Treasury), and the FDIC. For purposes of providing safe and sound banking system, protecting the Federal and State chartered depositories, supervising all depositories, and streamlining supervision.
The Board of Governors acquires all functions of the OTS. This includes the authority of issuing orders and rule making of the OTS. The Board assumes supervision of savings and loan holding companies and all subsidiaries thereof. This Act sights specific supervision under the Home Owners Act. (12 U.S.C. 1468)
The remaining supervision is divided up between the Comptroller of the Currency and the FDIC. As stated before, the COTC is established inside the private Department of the Treasury. In fact, it states that the Comptroller shall perform duties under the Secretary of the Treasury. The transfer of powers to the Comptroller from OTS is supervision of all Federal Savings Associations. Assuming the rest of supervision, the FDIC picks up all State Savings Associations.
As insult to injury to the OTS, as if the dismantling wasn’t enough; the Act leaves no safeguard for current or future suits against the OTS or its directors. It could be construed that perhaps the OTS wasn’t playing nice with the Board and allowed some retaliatory measures despite allowing conditions of immunity. Continuing on, duties and actions, orders and regulations move and continue under the Board. Keep an eye out as the Board is required to publish all continuing regulations in the Federal Register upon the transfer date.
Back to the Office of the Comptroller of the Currency for purposes of detailing its funding. It states that the COTC may charge any entity under section 3(q)(i) of the Federal Deposit Insurance Act (12 U.S.C 1813(q)(i)). COTC has power to establish amounts by nature and scope of activities of entity, amount and assets it holds, financial and managerial conditions. This pretty much allows charges up to the Comptroller’s discretion. Dually noted that COTC funds should not be construed as government funds or appropriated monies and not subject to apportionment for purposes of Chapter 15 of Title 31 of the U.S. Code. COTC also has the power to enter contracts, execute instruments, and acquire, hold, sell, or lease real property.
The Board of Governors’ funding comes from charging bank holding companies, savings and loan holding companies holding $50 trillion or more, as well as all non bank financial companies under section 13 of the Act. The FDIC may charge for examinations by 12 U.S.C 1820(e).
This part of the Act has over 70 pages of amendments systematically transferring powers in the Banking Enterprise Act of 1991, Bank Holding Act of 1956, Bank Protection Act of 1968, Bank Service Company Act, Community Reinvestment Act of 1977, Crime Control Act of 1990, Depository Institution Management Interlocks Act, Emergency Home Owners Relief Act, Federal Credit Union Act, Federal Deposit Insurance Act, Federal Home Loan Act, Financial Housing Enterprising Financial Safety and Soundness Act of 1992, Federal Reserve Act, Federal Institution Reform, Recovery, and Enforcement Act of 1989, Flood Disaster Protection Act of 1973, Home Owners Loan Act, Housing Act of 1948, Housing and Development Act of 1992, Housing and Urban Rural Recovery Act of 1983, National Housing Act, Neighborhood Reinvestment Corporation Act, Securities Exchange Act of 1934, Public Law 93-100, and U.S.C. Title 18 and 31. Now that alone you can imagine how much power was concentrated in to the private banking system. It boggles the mind that there are minds out there that have the capacity to manipulate code like that.
Now if that wasn’t enough power for the Federal Reserve System, it establishes within itself the Bureau of Consumer Financial Protection. Sounds nice. It is considered an executive agency under 5 U.S.C. Section 105. Its purpose is to examine and enforce powers to prescribe rules, issue orders, and law under enumerated statutes that includes Alternative Mortgage Transaction Parity Act of 1982, Gram-Leach-Bliley Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Home Owners Protection Act of 1998, Fair Debt Collection Practice Act, Home Mortgage Disclosure Act of 1975, Home Ownership and Equal Protection Act of 1975, Real Estate Settlement Procedures Act of 2008, Truth in Lending Act, Truth in Savings Act, Interstate Land Sales Full Disclosure Act, and Omibus Appropriations Act. For those of you that think this is intended to help consumers, CFPB has jurisdiction over “persons” defined in this Act as individuals, partnerships, company, associations (incorporated or unincorporated), trust, estate, cooperate organization, or other entity. As you can see everything and everyone is fair game for the CFPB and I will show you why that is most terrifying further along. It is interesting to know that this new bureau’s director will be managing the FDIC. CFPB also may exercise powers over all Federal laws, dealing with Public or Federal contracts, property, works, officers, employees (14th amendment citizens), budgets, or funds. CFPB implements the Federal Consumer Financial Laws through rules, orders, guidance, interpretations, statement of policy, examinations, and enforcement action. There is also an autonomy clause that allows CFPB to govern itself without interference. The Board of Governors may delegate to the Bureau the authority to examine [persons] subject to the jurisdiction of the Board.
Funding for the Bureau; the Board of Governors shall transfer earnings of the Federal Reserve System a fixed percentage yearly in this case an increase of 1% for every year for the next 3 years. These funds cannot be subject to review by the committee of appropriations of the House of Representatives or the Senate. There are two funds created for the Bureau. The “Consumer Financial Protection Fund” is held separate in the Federal Reserve System to be controlled by the Board of Governors. Yet again, this fund is not a government or appropriated fund. The “Civil Penalty Fund” holds penalties and fees held against persons in any judicial or administrative action. This fund is also held in the Federal Reserve and if victims of suits cannot be located for damages, CFPB is allowed to use for their discretion.
As a general overview of the Bureau’s powers, the list includes : enforcing Federal Consumer Financial Laws, collecting, researching, monitoring, and publishing information relevant to the functioning of markets, issuing rules, orders, and guidance; issue exemptions to a class or person conditionally or unconditionally, own rules i.e. confidentiality of persons in regard to authority, and shall have access to reports of any Federal agency.
In addition to, offer reports of tax non-compliance to the IRS commissioner, intervene in civil actions, prohibit rules for retaliation against CFPB, may petition a Federal District Court of U.S. To prosecute, conduct hearings and adjudication proceedings, referrals for criminal prosecution, civil actions to compel compliance, CFPB may commence civil action administratively or court action. Penalty schedule is as follows: 1st tier is $5,000 per day for violation or failure to pay, 2nd tier is $25,000 per day for reckless engagement of violation. And 3rd tier is $1,000,000 per day for knowing violations.
It is no question that this is a terrifying piece of legislation that has received almost no media coverage or questioning what so ever. It speaks volumes of what the goals of the Federal Reserve System is trying to create in the United States. This has been a systematic exchange of powers from our U.S. Corporate Government to a private autonomous banking system thats sole goal is to rape and pillage the American People of their property and wealth. Although there is some commentary in this research paper, most of its content has come right out of the Dodd-Frank Act. This is scary for the fact that the Federal Reserve cares not to even hide its intentions and goals at this point. The powers have shifted so far as to leaving very little to do at this point and the author has little remedy to encourage at this point besides the shift of consciousness and to pass on this information to everyone you know to ensure that the next generation is prepared to combat what they will grow up in. Andrew Jackson’s words of central banks holds truth as much as it did then; “if a central bank is ever created in America, through inflation and deflation the bankers will rob the Americans.