JANUARY 05, 2012
The untold story of the Obama Administration’s widely reported, $335 million discrimination settlement with Countrywide Financial Corporation is that, under a secret Justice Department program, a chunk of the money won’t go to the “victims” but rather leftist groups not connected to the lawsuit.
The Department of Justice (DOJ) will determine which “qualified organizations” get leftover settlement cash and Democrat-tied groups like the scandal-plagued Association of Community Organizations for Reform Now (ACORN) and the open-borders National Council of La Raza (NCLR) stand to get large sums based on the hastily arranged deal which got court approval in just a few days.
Judicial Watch has investigated this controversial arrangement and in 2010 sued the DOJ to obtain information about the policy directing big portions of cash settlements from its civil rights lawsuits to organizations not officially connected to the cases. In response to JW’s lawsuit, the DOJ was forced to acknowledge that it has no official guidelines regarding “qualified organizations” that get leftover settlement funds and that it doesn’t monitor how the money is used.
In the Countrywide case, details of the unscrupulous arrangement are buried deep (page 10 of the 17-page settlement) in the court document where Bank of America’s Countrywide Financial Corporation agrees to pay to resolve allegations that it discriminated against qualified black and Hispanic borrowers. The lender denies all of the charges, but wanted to end the case and caved into the government’s terms.
Here’s a synopsis straight out of the court settlement; all money not distributed to allegedly aggrieved persons within 24 months shall be distributed to qualified organizations that provide services including credit and housing counseling, financial literacy and other related programs targeted at African-Americans and Hispanics. Recipients may include “non-profit community organizations that provide education, counseling and other assistance to low-income and minority borrowers…”
This language essentially comes from ACORN’s mission statement. The famously corrupt group has raked in tens of millions of taxpayer dollars over the years but a series of scandals involving misuse of public funds, embezzlement, intimidation tactics, employee abuse, questionable hiring tactics and fraudulent voter registrations led Congress to pass legislation prohibiting the federal government from funding ACORN. The group simply transformed into various “spinoffs” and affiliated organizations and continues to get public money. Read all about it in a special JW investigative report, “The Rebranding of ACORN.”
The NCLR also stands to get money under the Countrywide settlement because the influential Mexican La Raza group is tight with the president and offers Latinos “housing counseling” that’s previously been funded by Uncle Sam. A JW probe uncovered documents in June that reveal federal funding for the group has skyrocketed since one of its top officials— Cecilia Muñoz—got a job in the Obama White House. Keeping with the mutual praise, the NCLR quickly issued a press release commending the administration for holding Countrywide “accountable for targeting communities of color.”
The landmark deal is the largest residential fair-lending settlement in history and has been widely celebrated by liberal groups as well as various media outlets, some of which believe the punishment wasn’t harsh enough. One newspaper editorial called it a “pittance compared to the grievous harm the lender brought to families across the nation.”
The money is supposed to be distributed to more than 200,000 minority victims—nearly one-third of them in California—who took out home loans between 2004 and 2008. According to the DOJ they were charged higher interest rates and fees than white borrowers based on their race not their credit. Thomas Perez, head of the DOJ’s bloated civil rights division, called it “discrimination with a smile” because victims had no idea they were being victimized and instead were thrilled just to get a home loan and realize the American dream.
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