A major contributor to this article appears to have a close connection with its subject.(December 2022) |
Keith A. Noreika | |
---|---|
Acting Comptroller of the Currency | |
In office May 5, 2017 –November 27, 2017 | |
Preceded by | Thomas J. Curry |
Succeeded by | Joseph Otting |
Personal details | |
Born | Pennsylvania,United States |
Political party | Republican |
Residence | Virginia |
Alma mater | Harvard Law School Wharton School of the University of Pennsylvania |
Keith A. Noreika is an American lawyer who specializes in the regulation of financial institutions. He served as Acting Comptroller of the Currency from May 5,2017, [1] to November 27,2017,following the 30th Comptroller of the Currency,Thomas J. Curry,and preceding the 31st Comptroller of the Currency,Joseph Otting. Noreika rejoined the law firm of Simpson Thacher on January 8,2018. [2] He joined Patomak Global Partners as Executive Vice President and Chairman of its Banking Supervision and Regulation Group on July 5,2022. [3]
As Acting Comptroller of the Currency,Noreika headed a 4,000-person agency responsible for chartering,regulating,and supervising all national banks and federal savings associations as well as federal branches and agencies of foreign banks in the United States. The Office of the Comptroller of the Currency supervises approximately 1,400 national banks and federal savings associations and about 50 federal branches and agencies of foreign banks in the United States. These institutions comprise nearly two-thirds of the assets of the commercial banking system. The Comptroller also is a director of the Federal Deposit Insurance Corporation (FDIC) and member of the Financial Stability Oversight Council. [4]
Noreika's focused on reducing regulations,promoting economic growth and opportunity,and enhancing the value of the federal charter for national banks,federal savings associations,and federal branches of foreign banks operating the United States.
Noreika played a role in the opposition of a rule made by the Consumer Financial Protection Bureau (CFPB) regarding arbitration agreements [5] in the contracts of certain financial products. He first raised concerns with the proposed rule in June 2017 questioning whether the rule would adversely affect the safety and soundness of community banks and savings associations. [6] Following the issuance of the final rule, [7] the OCC conducted a review of the data and analysis used by the CFPB to develop and support the rule. The OCC found that the rule would likely increase the cost of credit by a significant amount. [8] Noreika summarized his concerns with the rule in an op-ed in The Hill on October 13,2017. [9] The U.S. Treasury followed with a separate analysis criticizing the rule. [10] On October 24,2017,the U.S. Senate voted to overturn the CFPB using the Congressional Review Act, [11] and on November 1,2017,President Trump signed the resolution repealing the rule. [12] [13]
On October 27,2017,Noreika signed and presented the first full-service national bank charter since the financial crisis to Winter Park National Bank of Florida. [14] As Acting Comptroller of the Currency,Noreika advocated to make the process for chartering new banks and obtaining federal deposit insurance more efficient. [15] Those views were summarized in an op-ed in the American Banker on October 30,2017. [16] In the article,Noreika repeated calls made during June 2017 testimony before the U.S. Senate to change the process to rely on the due diligence,examination and judgment of the prudential regulator during its decision-making process both to grant a bank charter and grant deposit insurance,unless the FDIC objects,with reason,within a given period. This approach would reduce the paperwork burden for applicants and create a clearer timeline for a final decision. Eliminating ambiguity would help de novo banks project startup costs and timing,which is critical for companies raising capital and kicking off a new business. At the same time,the suggestion preserves the FDIC's veto power if it has reason to differ substantively with the judgment of the primary regulator. [17]
Following the CFPB's issuance of its final rule on payday lending, [18] the OCC rescinded its guidance related to Deposit Advance Products,a kind of short-term loan repaid from customers' direct deposits to their accounts. [19] Noreika stated that it has become difficult for banks to serve consumers' need for short-term,small-dollar credit in part because of the guidance. As a result,consumers who would rely on highly regulated banks and thrifts for these legitimate and well-regulated products to meet their financial needs turn to other,lesser regulated entities,which may result in consumer harm and expense,hurting the very consumers it was intended to help—the most marginalized,unbanked and underbanked portions of society. Noreika repeated calls made by prior Comptrollers encouraging banks and savings associations to meet the short-term,small-dollar credit needs of consumers. He summarized these views in an op-ed in The Hill on November 17,2017. [20]
Noreika approved several changes related to the Community Reinvestment Act. The changes provide greater transparency regarding the OCC's framework for evaluating certain types of licensing applications and incentive for covered institutions to support the goals of the Community Reinvestment Act. [21] The changes also require evaluation of banks' performance under the Community Reinvestment Act to consider activities directly related to community reinvestments and states that it is OCC policy not to lower a bank's Community Reinvestment Act composite or component rating by more than one rating level. [22]
Noreika advocated for changes to regulations that reduced unnecessary burden on banks and promoted economic opportunity,while ensuring financial institutions continued to operate in a safe and sound manner,provide fair access to financial services,and treat customers fairly. Noreika proposed a number of changes to the Volcker Rule (§619 of 12 U.S.C. §1851,the Dodd–Frank Wall Street Reform and Consumer Protection Act). On August 2,2017,the OCC solicited public input on whether certain aspects of the implementing regulation should be revised to better accomplish the purposes of section 619 while decreasing the compliance burden on banking entities and fostering economic growth. [23] Noreika also called for policy makers to rethink their use of arbitrary thresholds,specifically the $50 billion asset threshold for determining systemically important financial institutions (SIFI). Thresholds such as these become barriers to competition and can serve to protect the largest institutions,according to Noreika. [24] On November 13,2017,Senator Mike Crapo announced a bipartisan proposal to exempt small banks from the Volcker Rule and revise the threshold for SIFIs. [25]
Noreika also pushed to rationalize and simplify capital requirements for banks and savings associations to ensure banks continued to operate in a safe and sound manner and remain capable of serving as powerful engines for the U.S. economy and meeting the needs of consumers,businesses,and communities across the United States. Federal banking agencies took initial steps to simplify regulatory capital in August 2017 [26] and September 2017. [27]
Noreika continued to encourage responsible innovation in the federal banking system and to support federal charters for financial technology companies engaged in the business of banking,as had his predecessor. [28]
The Conference of State Bank Supervisors and the New York Department of Financial Services (NYDFS) sued the OCC,challenging its authority to grant special purpose national bank charters to nondepository financial technology companies engaged in the business of banking. [29] [30] Companies engaged in the business of banking can seek a national bank charter under the agency's existing authority to charter full-service national banks and federal saving associations,as well as other long-established special purpose national banks,such as trust banks,bankers' banks,and other so-called CEBA [31] banks. According to Noreika,chartering innovative de novo institutions through these existing authorities enhances the federal banking system,increases choice,promotes economic opportunity,and can improve services to consumers,businesses,and communities. [32] On December 12,2017,a federal judge in Manhattan dismissed the NYDFS' lawsuit challenging the OCC's fintech-charter effort,finding that legal challenges to the initiative were premature. [33]
Noreika questioned the presumptive separation of banking and commerce in the United States. He suggested policy makers should reexamine the reasons for maintaining the separation of banking and commerce to determine whether it still makes sense for banks,businesses,and the economy today. In a speech before The Clearing House on November 8,2017,he pointed out that the United States is unusual in maintaining a separation between banking and commerce. He suggested that by allowing banking and commerce to mix,small banks could access more diverse sources of capital and consumers could benefit from increased choice and greater competition among financial service providers. [34]
While at the OCC,Noreika raised questions regarding the continued usefulness of the Bank Holding Company Act and whether bank holding companies had become obsolete. He explored how bank holding companies have evolved in the United States and their advantages and disadvantages for banking companies during a speech at the American Enterprise Institute on November 28,2017. [35]
While Acting Comptroller of the Currency,Noreika was a Special Government Employee (SGE). [36] As a special government employee serving on a short-term basis (expected to serve fewer than 130 days in a 365-day period),he was not required to sign the Executive Branch ethics pledge,consistent with guidance from the Office of Government Ethics under Presidents Obama and Trump. The 130 days is an expectation and does not bar SGE from serving more than that number of days. Following his service,Noreika will be permanently barred from communicating with or appearing before any executive or judicial branch employee on behalf of any person concerning any particular matter involving specific parties in which he participated personally and substantially at any time as a federal employee. And,for two years after leaving government he will be barred from communicating with or appearing before any executive or judicial branch employee on behalf of any person concerning any particular matter involving specific parties which he knows or reasonably should know was pending under his official responsibility during the last year of his federal service. These restrictions are described at 18 USC 207 (a) and (b). [37]
Prior to becoming Acting Comptroller of the Currency,Noreika served on President Donald J. Trump's transition team within the U.S. Department of the Treasury.
Noreika served as a partner in Simpson Thacher &Bartlett LLP and a member of the firm's Financial Institutions Practice,where he focused on banking regulation and related litigation. He advised a range of domestic and international financial institutions on regulatory issues relating to mergers and acquisitions,minority investments,capital issuances,structuring and compliance activities,and litigation matters,particularly in the area of federal preemption. Noreika's experience includes advising regional,multinational,and other banks on the structuring of their operations,including complying with the Volcker Rule and Consumer Financial Protection Bureau regulations,and Bank Secrecy Act and anti-money laundering rules. He has represented national banks before the U.S. Supreme Court,the U.S. Courts of Appeals,and the U.S. District Courts. He previously served as partner at Covington &Burling LLP.
Noreika joined Patomak Global Partners in July 2022 and serves as the firm's Executive Vice President and Banking Supervision and Regulation Group Chairman. He reports directly to Paul S. Atkins and functions as his primary deputy. In this role,Noreika leads Patomak's projects related to the U.S. banking industry,including financial technology and cryptocurrency companies. [38]
Noreika has been an adjunct faculty member at the University of Pennsylvania Law School and the University of Virginia School of Law. He received his juris doctor in 1997 from Harvard Law School,where he was editor of the Harvard Law Review. He earned his Bachelor of Science from The Wharton School of the University of Pennsylvania in 1994.
3/3/2021 Remarks to the Virtual Training Program on Building the Foundations of Modern Financial Regulation in Indonesia,Program on International Financial Systems (PIFS) and Harvard University (Online).
8/17/2018 Innovation and Financial Technology:Rethinking the Banking &Commerce Split,The Utah Association of Financial Services and the National Association of Industrial Bankers. Park City,Utah.
7/17/2018 Written testimony,"The Need For Reasoned,Transparent Tailoring of Enhanced Prudential Requirements and Supervision." Subcommittee on Financial Institutions and Consumer Credit. U.S. House of Representatives.
1/02/2018 Comptroller's Viewpoint,written while serving as Acting Comptroller of the Currency and included in the OCC Annual Report for Fiscal Year 2017.
11/30/2017 Remarks before the Vilnius Fintech Conference 2017,hosted by the Ministry of Finance,Vilnius,Lithuania
11/28/2017 First Deputy Comptroller Discusses Whether Bank Holding Companies Are Obsolete (Watch on YouTube)
11/08/2017 Acting Comptroller Explores the Separation of Banking and Commerce
11/02/2017 Acting Comptroller Discusses Efforts to Promote Lending and Investment in Distressed Communities
10/19/2017 Acting Comptroller Discusses Innovation and Financial Technology (Watch on YouTube)
10/05/2017 Acting Comptroller Discusses Efforts to Reduce Regulatory Burden and Expand Economic Opportunity
09/28/2017 A Fintech Conversation with OCC Comptroller Keith Noreika
09/25/2017 Acting Comptroller of the Currency Discusses Online Lending and Responsible Innovation
07/07/2017 Acting Comptroller of the Currency Discusses OCC’s Semiannual Risk Perspective,Spring 2017
06/22/2017 Acting Comptroller Discusses Opportunities to Promote Economic Growth,Reduce Regulatory Burden
The Federal Deposit Insurance Corporation (FDIC) is a United States government corporation supplying deposit insurance to depositors in American commercial banks and savings banks. The FDIC was created by the Banking Act of 1933,enacted during the Great Depression to restore trust in the American banking system. More than one-third of banks failed in the years before the FDIC's creation,and bank runs were common. The insurance limit was initially US$2,500 per ownership category,and this has been increased several times over the years. Since the enactment of the Dodd–Frank Wall Street Reform and Consumer Protection Act in 2010,the FDIC insures deposits in member banks up to $250,000 per ownership category. FDIC insurance is backed by the full faith and credit of the government of the United States,and according to the FDIC,"since its start in 1933 no depositor has ever lost a penny of FDIC-insured funds".
In the United States,banking had begun by the 1780s,along with the country's founding. It has developed into a highly influential and complex system of banking and financial services. Anchored by New York City and Wall Street,it is centered on various financial services,such as private banking,asset management,and deposit security.
Financial regulation is a form of regulation or supervision,which subjects financial institutions to certain requirements,restrictions and guidelines,aiming to maintain the stability and integrity of the financial system. This may be handled by either a government or non-government organization. Financial regulation has also influenced the structure of banking sectors by increasing the variety of financial products available. Financial regulation forms one of three legal categories which constitutes the content of financial law,the other two being market practices and case law.
The term national bank generally refers to a bank that operates across and within a nation state or country,but its usage varies by country. In some cases it operates as the government's reserve bank,while in others the name is used for commercial banks.
The Community Reinvestment Act is a United States federal law designed to encourage commercial banks and savings associations to help meet the needs of borrowers in all segments of their communities,including low- and moderate-income neighborhoods. Congress passed the Act in 1977 to reduce discriminatory credit practices against low-income neighborhoods,a practice known as redlining.
The Office of the Comptroller of the Currency (OCC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter,regulate,and supervise all national banks and thrift institutions and the federally licensed branches and agencies of foreign banks in the United States. The acting Comptroller of the Currency is Michael J. Hsu,who took office on May 10,2021.
The Federal Home Loan Banks are 11 U.S. government-sponsored banks that provide liquidity to financial institutions to support housing finance and community investment.
The Office of Thrift Supervision (OTS) was a United States federal agency under the Department of the Treasury that chartered,supervised,and regulated all federally chartered and state-chartered savings banks and savings and loans associations. It was created in 1989 as a renamed version of the Federal Home Loan Bank Board,another federal agency. Like other U.S. federal bank regulators,it was paid by the banks it regulated. The OTS was initially seen as an aggressive regulator,but was later lax. Declining revenues and staff led the OTS to market itself to companies as a lax regulator in order to get revenue.
Federal savings associations,in the United States,are institutions chartered by the Office of Thrift Supervision which is now administered by Office of the Comptroller of the Currency after the agencies merged. Institutions chartered by the OTS are still regulated according to the rules and regulations of Federal Savings Banks. Mortgages issued by Federal Savings Banks are pursuant to the provisions of the Home Owners' Loan Act,a U.S. federal statute. Although the activities of federal thrifts were once confined primarily to taking deposits from consumers and making residential mortgage loans,federal thrifts are now authorized to offer a wide range of financial products and services.
The Federal Financial Institutions Examination Council (FFIEC) is a formal U.S. government interagency body composed of five banking regulators that is "empowered to prescribe uniform principles,standards,and report forms to promote uniformity in the supervision of financial institutions". It also oversees real estate appraisal in the United States. Its regulations are contained in title 12 of the Code of Federal Regulations.
The Federal Housing Finance Board (FHFB) was an independent agency of the United States government established in 1989 in the aftermath of the savings and loan crisis to take over management of the Federal Home Loan Banks from the Federal Home Loan Bank Board (FHLBB),and was superseded by the Federal Housing Finance Agency (FHFA) in 2008.
The Consumer Bankers Association (CBA) is a U.S. trade organization representing financial institutions offering retail lending products and services. It was originally founded in 1919 as the National Morris Plan Bankers Association and changed its name to the Consumer Bankers Association in 1947.
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The Consumer Financial Protection Bureau (CFPB) is an independent agency of the United States government responsible for consumer protection in the financial sector. CFPB's jurisdiction includes banks,credit unions,securities firms,payday lenders,mortgage-servicing operations,foreclosure relief services,debt collectors,and other financial companies operating in the United States. Since its founding,the CFPB has used technology tools to monitor how financial entities used social media and algorithms to target consumers.
A bank examiner is a financial professional who has the task of making sure that banks and savings and loan associations are operating legally and safely,in accordance with the bank regulations imposed on these institutions by the chartering level of government. In the United States,they may conduct supervision on behalf of a U.S. government agency,the Federal Reserve System,a state banking authority,or for the financial institutions themselves as internal auditors. The main duties of a bank examiner are to ensure that a bank's operations are legal and can provide financial stability. A bank examiner will also review financial statements,evaluate the level of risk associated with loans,and assess the management of a bank.
Thomas James Curry is an American government official who served as the 30th Comptroller of the Currency of the United States from April 9,2012,until May 5,2017. Prior to becoming Comptroller of the Currency,Curry served as a Director of the Federal Deposit Insurance Corporation (FDIC) and as the chairman of the NeighborWorks America Board of Directors. He was born in Greenwich,Connecticut and raised in Stamford,Connecticut.
Joseph M. Otting is an American businessman and government official. He served as the 31st Comptroller of the Currency from November 27,2017 to May 29,2020.
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Brian P. Brooks is an American lawyer,banker,entrepreneur,technologist,and former government official. He served as Acting Comptroller of the Currency from May 29,2020,succeeding the 31st Comptroller of the Currency Joseph Otting,until January 14,2021. Brooks was nominated twice by President Donald Trump for a five-year term as Comptroller of the Currency,once during the 116th Congress,and once in the 117th Congress.
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