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Revealed: Federal Reserve Asking CIT Group About Inner City Press FOIA Request: Now Goldman Sachs?

Federal Reserve Let CIT Run Clock, Docs, Like Goldman Now to Oct 30 By Matthew R. Lee NEW YORK, October 13 -- The lack of seriousness in US bank regulation grows from the relatively smaller to the largest banks, with CIT and OneWest a major, and Goldman Sachs the most recent, example. Goldman is trying to speed through Federal Reserve approval to buy $16 billion in insured deposits from GE Capital, and the Fed so far seems bent on helping. It began by withholding basic parts of Goldman's application, click here to view. Inner City Press still has a pending Freedom of Information Act request; Fair Finance Watch and others, including NCRC, asked the Fed to extend its comment period, which has now been done, until October 30, with the Fed's FOIA response to Inner City Press due on October 16. In the interim, Inner City Press is today publishing the Federal Reserve's communications with the CIT Group's outside counsel, which shows how the release of public documents is allowed by the Fed to be delayed. CIT made disingenuous requests for confidential treatment of information that could not be withheld, without any repercussion. They were rewarded with FOIA appeal denials by Fed Governor Jay Powell; now Goldman is trying to withhold information that should be public. Will there be any repercussion or accountability? Watch this site. responded to today: "The Federal Reserve Board on Monday announced that the public comment period has been extended through October 30, 2015, on the application by Goldman Sachs Bank USA, New York, New York, to assume certain liabilities and acquire certain assets of GE Capital Bank, Holladay, Utah, under section 18(c) of the Federal Deposit Insurance Act... The original comment period, which closed on September 19, 2015, is being extended to allow interested persons more time to review the proposal and to provide comments... Comments regarding this application must be received at the Federal Reserve Bank of New York (Attention: Bank Applications Officer, 33 Liberty Street, New York, New York 10045; [email protected]) or the Office of the Secretary of the Board (20th Street and Constitution Avenue, NW, Washington, D.C. 20551) on or before October 30, 2015." Just last week, the Fed told Inner City Press a comment it submitted on Goldman Sachs, with new Home Mortgage Disclosure Act data, was "untimely" -- "Dear Mr. Matthew Lee, Executive Director Inner City Press/Fair Finance Watch We acknowledge receipt on September 22, 2015 of your email dated September 22, 2015 ("Comment Letter"), commenting on the application filed by Goldman Sachs Bank USA... The public comment period for this application ended on September 19, 2015. Since your Comment Letter was received after the end of the public comment period, it will not be made a part of the record of this application unless the Board in its sole discretion determines to consider your late comments. However, you previously submitted timely comments that have been made part of the application record that the Board will consider." Now it must be considered. reviously, the Federal Reserve wrote to Inner City Press, extending its own time to respond under FOIA until October 16 -- all while maintaining that the comment period closed on September 19: "Dear Mr. Lee, On September 2, 2015, the Board of Governors ('Board') received your electronic message dated September 2, pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for the entirely of the “Application by Goldman Sachs Bank USA for the Acquisition by Purchase and Assumption of Certain Deposit Liabilities and Certain Very Limited Non-Financial Assets of GE Capital Bank,” and for all records.... Pursuant to section (a)(6)(B)(i) of the FOIA, we are extending the period for our response until October 16, 2015, in order to consult with two or more components of the Board having a substantial interest in the determination of the request. "If
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0% found this document useful (0 votes)
20K views40 pages

Revealed: Federal Reserve Asking CIT Group About Inner City Press FOIA Request: Now Goldman Sachs?

Federal Reserve Let CIT Run Clock, Docs, Like Goldman Now to Oct 30 By Matthew R. Lee NEW YORK, October 13 -- The lack of seriousness in US bank regulation grows from the relatively smaller to the largest banks, with CIT and OneWest a major, and Goldman Sachs the most recent, example. Goldman is trying to speed through Federal Reserve approval to buy $16 billion in insured deposits from GE Capital, and the Fed so far seems bent on helping. It began by withholding basic parts of Goldman's application, click here to view. Inner City Press still has a pending Freedom of Information Act request; Fair Finance Watch and others, including NCRC, asked the Fed to extend its comment period, which has now been done, until October 30, with the Fed's FOIA response to Inner City Press due on October 16. In the interim, Inner City Press is today publishing the Federal Reserve's communications with the CIT Group's outside counsel, which shows how the release of public documents is allowed by the Fed to be delayed. CIT made disingenuous requests for confidential treatment of information that could not be withheld, without any repercussion. They were rewarded with FOIA appeal denials by Fed Governor Jay Powell; now Goldman is trying to withhold information that should be public. Will there be any repercussion or accountability? Watch this site. responded to today: "The Federal Reserve Board on Monday announced that the public comment period has been extended through October 30, 2015, on the application by Goldman Sachs Bank USA, New York, New York, to assume certain liabilities and acquire certain assets of GE Capital Bank, Holladay, Utah, under section 18(c) of the Federal Deposit Insurance Act... The original comment period, which closed on September 19, 2015, is being extended to allow interested persons more time to review the proposal and to provide comments... Comments regarding this application must be received at the Federal Reserve Bank of New York (Attention: Bank Applications Officer, 33 Liberty Street, New York, New York 10045; [email protected]) or the Office of the Secretary of the Board (20th Street and Constitution Avenue, NW, Washington, D.C. 20551) on or before October 30, 2015." Just last week, the Fed told Inner City Press a comment it submitted on Goldman Sachs, with new Home Mortgage Disclosure Act data, was "untimely" -- "Dear Mr. Matthew Lee, Executive Director Inner City Press/Fair Finance Watch We acknowledge receipt on September 22, 2015 of your email dated September 22, 2015 ("Comment Letter"), commenting on the application filed by Goldman Sachs Bank USA... The public comment period for this application ended on September 19, 2015. Since your Comment Letter was received after the end of the public comment period, it will not be made a part of the record of this application unless the Board in its sole discretion determines to consider your late comments. However, you previously submitted timely comments that have been made part of the application record that the Board will consider." Now it must be considered. reviously, the Federal Reserve wrote to Inner City Press, extending its own time to respond under FOIA until October 16 -- all while maintaining that the comment period closed on September 19: "Dear Mr. Lee, On September 2, 2015, the Board of Governors ('Board') received your electronic message dated September 2, pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for the entirely of the “Application by Goldman Sachs Bank USA for the Acquisition by Purchase and Assumption of Certain Deposit Liabilities and Certain Very Limited Non-Financial Assets of GE Capital Bank,” and for all records.... Pursuant to section (a)(6)(B)(i) of the FOIA, we are extending the period for our response until October 16, 2015, in order to consult with two or more components of the Board having a substantial interest in the determination of the request. "If
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© © All Rights Reserved
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From:

To:
Cc:
Subject:
Date:
Attachments:

Tara Kowalczyk
[email protected]; [email protected]
Misty Mirpuri
Appeal of FOIA request seeking FOIA request for CIT/OneWest"s 4/14/15 submission -ZFRSSETuesday, June 09, 2015 8:36:02 AM
Not Responsive - Underlying
20150414 Other Applications Document - Confidential.pdf

Documents

INTERNAL FR
Dear Camille and Stephen,
Misty Mirpuri and I are attorneys in the Boards Legal Division working to respond to an appeal of a
FOIA request from Matthew Lee seeking the exhibits that CIT/OneWest have claimed are
confidential and that the Federal Reserve has withheld from Inner City Press as part of its April 14
submission sent to ICP and others.
You had previously been in touch with Amory Goldberg about the Board's initial response to this
request. As you may recall, Ms. Goldberg contacted you seeking justifications for certain redactions
to Exhibits B (Details Regarding Planned OneWest Branch Relocations) and D (Pro Forma and
Related Information) of the 4/14/15 submission. The Boards response to Mr. Lees FOIA request
withheld Exhibits A (OneWest Bank Branch Opening, Closing, Consolidation, or Relocation Policy)
and C (CIT Bank Internet Deposit Data by County) in their entirety. We are contacting you to
determine if any portions of exhibits A and C could be released to the requester on appeal. With
respect to Exhibit C, Mr. Lee asks in his appeal how the release of the column listing the counties
and states in which CIT has bank internet deposits (while redacting the two other columns in that
chart) would cause substantial competitive harm to CIT.
If CIT continues to seek confidential treatment for Exhibits A and C of the attached 4/14/15
submission, on or before June 23, 2015, please provide a statement verifying:
(1) that any information for which confidential treatment is sought has not been made
publicly available (e.g., that it has not been made publicly available in a press release,
SEC filing, or other public filing); and
(2) the FOIA exemption(s) or other legal justification to support your request for
confidential treatment and a statement with detailed facts and arguments to support
such a determination. Under the Board's Rules Regarding Availability of Information
(Boards Rules), a conclusory statement that the information would result in
competitive harm is not sufficient. 12 CFR 261.15(b); see also 12 CFR 261.16(b)(1) and
(e).
The Board retains the right to make its own determination with regard to any claim of
confidentiality. Pursuant to the Boards Rules, notice of the decision by the Board to deny a claim of
confidential treatment, in whole or in part, and an opportunity to respond shall be provided to the
submitter claiming confidentiality of information no less than five days prior to its public disclosure,
12 CFR 261.16(c)(4), and where appropriate, the Board shall delay disclosure for ten working days
from the date of the determination. 12 CFR 261.16(f). Please be advised that even if a portion of a
document contains information that is exempt from disclosure, the FOIA requires federal agencies

to segregate and release the non-exempt portions of the document.


If you have any questions, please do not hesitate to contact me by telephone at (202) 452-3477 or at
this e-mail address. Alternatively, Misty Mirpuri may be reached at the email address above or at
(202) 452-2597. I greatly appreciate your time and kind attention to this matter.
Many thanks,
Tara E. Kowalczyk
Administrative Law Attorney
Legal Division
Board of Governors of the Federal Reserve System
20th St. & Constitution Ave., NW
Washington, DC 20551
(202) 452-3477 (Office)
(b)(6)
(Blackberry)
(202) 452-3863 (Fax)

From:
To:
Cc:
Subject:
Date:
Attachments:

Salley, Stephen M.
Tara Kowalczyk; Misty Mirpuri
Orme, Camille L.
FOIA Appeal re: CIT-OneWest April 14, 2015 Submission
Tuesday, June 23, 2015 5:07:22 PM
SC1-#3889938-v1-FOIA_Response_Apr_14th_Submission.PDF

Tara and Misty,


Further to your email of June 9th, please see the attached letter.
Best regards,
Stephen

Stephen M. Salley
Sullivan & Cromwell LLP
125 Broad Street
New York, New York 10004
Tel: 212-558-4998
Fax: 212-291-9192
[email protected]

This e-mail is sent by a law firm and contains information that may be privileged and
confidential. If you are not the intended recipient, please delete the e-mail and notify us
immediately.

From:
To:
Cc:
Subject:
Date:

'
"QQFBM
3FDFJWFE


Matthew R. Lee
Office-of-the-Secretary; FOIA Appeals
Matthew Lee [at] innercitypress.org; Matthew R. Lee [at] FairFinanceWatch.org
FOIA Appeal of FRB Denials of May 5, 2015 to ICP"s April 15, 2015 FOIA Request re the Application of CIT"
Group to acquire OneWest
Saturday, May 09, 2015 3:19:44 PM

May 9, 2015
By email to Office-of-the-Secretary [at] frb.gov and FOIA-Appeals [at] frb.gov
Board of Governors of the Federal Reserve System
Attn: Secretary Robert deV. Frierson and FRB Governor in charge of FOIA Appeal
20th Street and Constitution Avenue, N.W.
Washington, DC 20551
Re: FOIA Appeal of FRB Denials of May 5, 2015 to ICP's April 15, 2015 FOIA Request re
the Application of CIT' Group to acquire OneWest
Dear Governor in charge of FOIA Appeals:
On behalf of Inner City Press / Fair Finance Watch (ICP), this is a timely appeal under the
Freedom of Information Act of the Federal Reserve Board's (the FRB's) May 5, 2015
Denials of ICP's April 15, 2015 FOIA Request regarding the Application of CIT' Group to
acquire OneWest.
Inner City Press immediately requested the withheld portions of CIT's and OneWest's
submission of April 14, 2015. Now the Fed has ruled that it can withhold IN FULL
Confidential Exhibit C, CIT Bank Internet Deposit Data By County. Overall, how can CRA
be enforced if such basic information is withheld? As a matter of FOIA, it is illegitimate to
withhold in full, including for example the names of the counties - how would the disclosure
of the names of these countries, most or all of which are publicly known, cause substantial
competitive harm?
ICP is appealing all withholdings, including the unexplained redaction of the address of one of
the branches OneWest would shutter, and the branch closing policy.
Please immediately send all requested information and responses by e-mail to
[email protected] and [email protected], and/or by hard copy by FedEx to:
Matthew R. Lee, Esq.
Fair Finance Watch
c/o 747 Third Ave (hold at location Fed Ex), NY NY 10017 USA
Or regular mail: Matthew R. Lee Esq, PO Box 20047, NYC NY 10017
If you have any questions, please immediately telephone the undersigned, at (718) 716-3540.
Very Truly Yours,

Matthew Lee, Esq.


Executive Director
Inner City Press/Fair Finance Watch

Internal FR

Board of Governors of the Federal Reserve System


Office of the Secretary
Freedom of Information Assignment
Request No:
F-2015-00196
Action Type:

Request Type:
Formal
Initial

Request Category:

Requester:

Received Date:

Complex

Lee, Matthew

05/11/2015

Please return this completed form, attaching all responsive documents, to the FOI Section by 06/05/2015.
If responsive documents are available electronically, please email to [email protected] by 6/05/2015.
The Law Requires the Board to Respond to this Request by: 06/05/2015
NOTE: This information is used in the preparation of invoices and for the Annual Report to Congress. Questions may be directed to Denise Harris.
Each division handling any part of this request should report on this form all time it spends on the request in quarter hours by grade level:
1. Search Hours -- Time spent looking for material responsive to the request including line-byline identification of material within documents.
2. Review Hours -- Time spent determining if material is exempt from disclosure
3. Nonbillable Hours -- All other time spent on the request.
-- ASSIGNMENT -Division
Person Assigned
Legal

Grade
FR-31-36
FR 21-22
FR 23-26
FR 27+
Computer
C
Co
mpute
tr

Time Report
Billable Hours
Search
Review

Nonbillable
Hours

DESCRIPTION
all of the exhibits that CIT / OneWest have claimed are confidential and that the Federal Reserve has withheld from Inner City Press as part of its April 14
submission sent to ICP and others.

NOTES

RECOMMENDED DISPOSITION
NO responsive records

Confirmed w/FR Bank (see Note:)

Records not reasonably identified

Deny in full

Grant request in full

Deny in part

Signed:

EXEMPTIONS:

Date:

FR 1415
Page 1

From:
To:
Cc:
Subject:
Date:
Attachments:

Denise Harris on behalf of FOI Requests


[email protected]
[email protected]
Freedom of Information Act Request No. F-2015-00196
Friday, July 31, 2015 12:29:00 PM
2015-0196 - Lee.pdf

Dear Mr. Lee,


Attached is a copy of the response to your e-mail message dated May 9, 2015, and receive by the
Boards Freedom of Information Office on May 11.
Thank you,
Freedom of Information Office
Federal Reserve Board

From:
To:
Cc:
Subject:
Date:

'
"QQFBM
3FDFJWFE


Matthew R. Lee
Office-of-the-Secretary; FOIA Appeals
Matthew Lee [at] innercitypress.org; Matthew R. Lee [at] FairFinanceWatch.org
FOIA Appeal of FRB Denials of May 5, 2015 to ICP"s April 15, 2015 FOIA Request re the Application of CIT"
Group to acquire OneWest
Saturday, May 09, 2015 3:19:44 PM

May 9, 2015
By email to Office-of-the-Secretary [at] frb.gov and FOIA-Appeals [at] frb.gov
Board of Governors of the Federal Reserve System
Attn: Secretary Robert deV. Frierson and FRB Governor in charge of FOIA Appeal
20th Street and Constitution Avenue, N.W.
Washington, DC 20551
Re: FOIA Appeal of FRB Denials of May 5, 2015 to ICP's April 15, 2015 FOIA Request re
the Application of CIT' Group to acquire OneWest
Dear Governor in charge of FOIA Appeals:
On behalf of Inner City Press / Fair Finance Watch (ICP), this is a timely appeal under the
Freedom of Information Act of the Federal Reserve Board's (the FRB's) May 5, 2015
Denials of ICP's April 15, 2015 FOIA Request regarding the Application of CIT' Group to
acquire OneWest.
Inner City Press immediately requested the withheld portions of CIT's and OneWest's
submission of April 14, 2015. Now the Fed has ruled that it can withhold IN FULL
Confidential Exhibit C, CIT Bank Internet Deposit Data By County. Overall, how can CRA
be enforced if such basic information is withheld? As a matter of FOIA, it is illegitimate to
withhold in full, including for example the names of the counties - how would the disclosure
of the names of these countries, most or all of which are publicly known, cause substantial
competitive harm?
ICP is appealing all withholdings, including the unexplained redaction of the address of one of
the branches OneWest would shutter, and the branch closing policy.
Please immediately send all requested information and responses by e-mail to
[email protected] and [email protected], and/or by hard copy by FedEx to:
Matthew R. Lee, Esq.
Fair Finance Watch
c/o 747 Third Ave (hold at location Fed Ex), NY NY 10017 USA
Or regular mail: Matthew R. Lee Esq, PO Box 20047, NYC NY 10017
If you have any questions, please immediately telephone the undersigned, at (718) 716-3540.
Very Truly Yours,

Matthew Lee, Esq.


Executive Director
Inner City Press/Fair Finance Watch

Not Responsive - Underlying Documents

From:
To:
Subject:
Date:
Attachments:

Amory Goldberg
"Orme, Camille L."; Salley, Stephen M.
Freedom of Information Act Request 2015-196 Regarding CIT Group Inc. Proposed Acquisition of IMB Holdco LLC
Thursday, April 23, 2015 10:55:34 PM
20150414 Other Applications Document - Confidential - PLEASE SEE Exh. B and PLEASE SEE Green Highlighted
Part of Exhibit D.pdf
Not Responsive - Underlying Documents

Good evening Camille and Stephen,


The Board received a FOIA request seeking the confidential portions of CIT Group Inc.s Response
dated April 14, 2015, responding to the Boards Request for Additional Information with respect to
the proposed acquisition of IMB HoldCo. LLC.
Having consulted with Applications staff at the Board, it appears that certain information contained
in Confidential Exhibit B can be publicly disclosed in whole or in part. If you continue to seek
confidential treatment for information contained in Exhibit B of the attached PDF file, please (1)
identify the financial data for which confidential treatment is sought (by highlighting such
information in yellow or using redaction); and (2) provide the applicable FOIA exemption or other
legal justification to support your request. Under the Board's Rules Regarding Availability of
Information ("Board's Rules"), a conclusory statement that release of the information would result
in competitive harm is not sufficient. 12 C.F.R. 261.15(b); see also 12 C.F.R. 261.16(b)(1) and (e). In
addition, the loss share amount of $104.2, which is included in Confidential Exhibit D (see page 70
and 72 of the attached PDF file) appears to be public information see
http://www.ibanknet.com/scripts/callreports/viewreport.aspx?
ibnid=usa_3918898&per=20141231&rpt=RCM&typ=html I believe the prior loss share amount was
disclosed by CIT as part of the public version of "Confidential Exhibit 5" to the Application, which
was provided in redacted form on October 2, 2014. Accordingly, please also provide additional
information as to why the loss share amount $104.2 should be treated as confidential business
information and withheld from Confidential Exhibit D.
The Board retains the right to make its own determination with regard to any claim of
confidentiality. Pursuant to the Boards Rules, notice of the decision by the Board to deny a claim of
confidential treatment, in whole or in part, and an opportunity to respond shall be provided to the
submitter claiming confidentiality of information no less than five days prior to its public disclosure,
12 C.F.R. 261.16(c)(4), and where appropriate, the Board shall delay disclosure for ten working days
from the date of the determination. 12 C.F.R. 261.16(f). If we do not hear back from you on or
before May 1, 2015, the information in Exhibit B will be released.
Sincerely,
Amory
Amory R. Goldberg
Counsel
Legal Division
Board of Governors of the Federal Reserve System
202-452-3124 (phone)

From:
To:
Cc:
Subject:
Date:
Attachments:

Auten, Taylor
Amory Goldberg
Orme, Camille L.; Salley, Stephen M.
RE: Freedom of Information Act Request 2015-196 Regarding CIT Group Inc. Proposed Acquisition of IMB Holdco
LLC
Friday, May 01, 2015 4:20:18 PM
SC1-#3856773-v1-Letter_to_the_FRB_dated_May_1_2015.PDF

Amory,
Please find the attached letter in response to your email below.
Best regards,
Camille Orme/TCA

From: Amory Goldberg <[email protected]>


Sent: Friday, April 24, 2015 2:55:34 AM
To: Orme, Camille L.; Salley, Stephen M.
Subject: Freedom of Information Act Request 2015-196 Regarding CIT Group Inc. Proposed
Acquisition of IMB Holdco LLC
Good evening Camille and Stephen,
The Board received a FOIA request seeking the confidential portions of CIT Group Inc.s Response
dated April 14, 2015, responding to the Boards Request for Additional Information with respect to
the proposed acquisition of IMB HoldCo. LLC.
Having consulted with Applications staff at the Board, it appears that certain information contained
in Confidential Exhibit B can be publicly disclosed in whole or in part. If you continue to seek
confidential treatment for information contained in Exhibit B of the attached PDF file, please (1)
identify the financial data for which confidential treatment is sought (by highlighting such
information in yellow or using redaction); and (2) provide the applicable FOIA exemption or other
legal justification to support your request. Under the Board's Rules Regarding Availability of
Information ("Board's Rules"), a conclusory statement that release of the information would result
in competitive harm is not sufficient. 12 C.F.R. 261.15(b); see also 12 C.F.R. 261.16(b)(1) and (e). In
addition, the loss share amount of $104.2, which is included in Confidential Exhibit D (see page 70
and 72 of the attached PDF file) appears to be public information see
http://www.ibanknet.com/scripts/callreports/viewreport.aspx?
ibnid=usa_3918898&per=20141231&rpt=RCM&typ=html I believe the prior loss share amount was
disclosed by CIT as part of the public version of "Confidential Exhibit 5" to the Application, which
was provided in redacted form on October 2, 2014. Accordingly, please also provide additional
information as to why the loss share amount $104.2 should be treated as confidential business
information and withheld from Confidential Exhibit D.
The Board retains the right to make its own determination with regard to any claim of
confidentiality. Pursuant to the Boards Rules, notice of the decision by the Board to deny a claim of
confidential treatment, in whole or in part, and an opportunity to respond shall be provided to the

submitter claiming confidentiality of information no less than five days prior to its public disclosure,
12 C.F.R. 261.16(c)(4), and where appropriate, the Board shall delay disclosure for ten working days
from the date of the determination. 12 C.F.R. 261.16(f). If we do not hear back from you on or
before May 1, 2015, the information in Exhibit B will be released.
Sincerely,
Amory
Amory R. Goldberg
Counsel
Legal Division
Board of Governors of the Federal Reserve System
202-452-3124 (phone)

This e-mail is sent by a law firm and contains information that may be privileged and
confidential. If you are not the intended recipient, please delete the e-mail and notify us
immediately.

Not Responsive - Underlying Documents

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