Comment Re:If it was just the banks that would be one thin (Score 3, Insightful) 548
Agreed, it is clearly not optional on the part of the banks. This has a very chilling effect on activities where the regs can't actually prosecute for wrongdoing. If they could, they would, and they wouldn't be going this route. This sort of tactic is contrary to the principles of a free society. Banks will "choose" to decline to do business with certain people and companies if they feel they will get sued or have to spend a fortune on a governmental investigation. If there is truly evidence of illegal activities, authorities should go after the people allegedly engaged in those activities, not the banks. But in these cases, often times the activities are not really illegal, even if they are activities not loved by everyone in society. Because the government can't prosecute, should it be allowed to strong-arm banks into doing the dirty work? What does that sort of logic lead to, especially when things like banking are akin to breathing in modern society.
There are plenty of nefarious behaviors going on at banks that regulators would be wise to oversee, but this is a case of overstepping IMO. Regulators are forcing discrimination. Is it okay for banks to be choosy based on certain parameters (I don't like your business because it's porn and I think porn is ruining our society) and not others (I don't like your business because it supports, say, charter schools, and I the bank president happen to think charter schools are ruining our society)? That's discrimination. At the very same time, regulators would bring proceedings against these very same banks for refusing to do business with certain people/organizations just because they choose to.
http://www.bloomberg.com/news/...
"PNC Financial Services Group Inc. (PNC) received a subpoena regarding the return rate for its payment-processor clients from the U.S. Department of Justice. The department’s consumer protection unit is seeking information “for certain merchant and payment processor customers with whom PNC has a depository relationship,” the Pittsburgh-based bank said today in a regulatory filing. “We believe that the subpoena is intended to determine whether, and to what extent, PNC may have facilitated fraud committed by third-parties against consumers.” "