Exclusive: U.S. Justice Dept. subpoenas Wall Street banks for small
business loans info - sources
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[May 16, 2020]
By Koh Gui Qing and Pete Schroeder
WASHINGTON (Reuters) - The U.S. Justice
Department has sent grand jury subpoenas to big banks seeking records as
part of a broader investigation into potential abuse of a $660 billion
emergency loan program to help small businesses hurt by the novel
coronavirus, two people with knowledge of the matter told Reuters.
The previously unreported subpoenas issued by the department's
Washington fraud division do not necessarily indicate wrongdoing on the
part of the banks, but will compound growing worries among lenders that
they risk being swept up in a federal crackdown on Paycheck Protection
Program fraud.
The program allows small businesses hurt by the pandemic to apply with
lenders for a government-backed loan which can be forgiven provided at
least 75% is spent on payroll costs.
Policymakers worry that the huge pot of cash has been a magnet for
fraudsters, and U.S. Treasury Secretary Steven Mnuchin has warned that
companies found to have lied to secure loans could face prosecution. The
Justice Department opened a probe into the program last month and has
already brought criminal charges against borrowers it alleges lied about
the state of their businesses and numbers of employees.
Due to their critical role in processing the loans, banks have reams of
information that could point to other fraud.
Grand jury subpoenas allow prosecutors to get their hands on a range of
private financial and personal records and to hear witness testimony as
part of a criminal investigation.
Recipients are not necessarily the subject of a probe and can be a
cooperating witness.
"Right now, we don't think banks are 100% the target," said one of the
sources, but added: "There are concerns that there will be a boomerang
effect six months down the road on banks that they didn't do enough."
A third person with direct knowledge of industry interactions with the
Justice Department said the agency wanted to scan banks' records for
possible wrongdoing by borrowers.
A Justice Department spokesman declined to comment.
The first two sources said major banks had received the subpoenas, but
did not provide names. Industry data shows JPMorgan Chase & Co,
Citigroup Inc, Bank of America Corp and Wells Fargo & Co were among the
biggest banks to participate in the program.
The banks all declined to comment on Friday.
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The U.S. Department of Justice building is bathed in morning light
at sunrise in Washington, U.S., February 14, 2020. REUTERS/Mary F.
Calvert
Wells Fargo said in a regulatory filing this month that it had
received "formal and informal inquiries" from federal agencies
regarding PPP loans, but did not elaborate.
'HELD HARMLESS'
As the government raced to launch PPP in April, bank trade groups
raised concerns with the Treasury and the Small Business
Administration, which jointly administer the program, that the rush
to get the funds to businesses in just days would expose them to too
much legal risk.
The agencies subsequently agreed that lenders could rely on borrower
certifications and specified documents to determine their
eligibility and use of the loans. Banks would be "held harmless" if
borrowers broke the rules or lied.
However, that pledge would not preclude the Justice Department from
pursuing banks if the agency found evidence or identified patterns
that suggested loan officers facilitated fraud, or wilfully ignored
it, legal experts said.
In addition, the program still requires banks to conduct anti-money
laundering checks which could have tripped some lenders up, said
lawyers.
The third source said Wall Street banks are also worried that a
Democratic administration would rip up their agreement with the
current administration and launch a crackdown on lenders if they win
the presidential election on Nov. 3.
Joe Biden, the former Democratic vice president expected to
challenge Trump for the presidency, has said a comprehensive review
of coronavirus stimulus relief will be a top priority.
Lenders are already in the crosshairs of Democrats in Congress, who
have also asked for data on the loans, as have attorney generals in
New York and Massachusetts.
(Writing and additional reporting by Michelle Price; Additional
reporting by Imani Moise and Elizabeth Dilts in New York; Editing by
Lauren LaCapra and Daniel Wallis)
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