The Biden administration steps into the banks v. fintech war

From: POLITICO's Morning Money - Thursday Jan 05,2023 01:01 pm
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POLITICO Morning Money

By Zachary Warmbrodt

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MM kicked off the week with a rundown of why financial technology startups are facing a tough 2023 in Washington. Let’s dig into one under-the-radar fight where the Biden administration is trying to give fintechs a boost and is finding itself at odds with bankers and a bipartisan group of lawmakers.

The battle centers on a 2022 proposal by the Small Business Administration to allow fintech startups, which tout algorithms and digital-native operations as boons to borrowers, to begin offering government-backed loans under the department’s flagship “7(a)” program — long the domain of traditional lenders.

The SBA rolled out the plan with an assist from Vice President Kamala Harris. She included it in a slate of actions announced in October to help entrepreneurs — particularly people of color — underserved by banks.

The proposal is emerging as a major new front in a banks-versus-fintech lobbying war that is playing out across the financial policy space. Here’s why.

Trade groups including the American Bankers Association and the National Association of Government Guaranteed Lenders are warning that the SBA is ill-equipped to regulate the fintech firms that would want to participate. Bank lobbyists argue that, coupled with loan underwriting changes the department is also proposing, the new entrants could end up being a financial burden on the program and its borrowers.

“Congress will have to take action to slow this down,” said Tony Wilkinson , president and CEO of the trade group representing government-backed lenders. “We’re staring at a potential problem. Congress and SBA can head it off or they will have to clean it up.”

The fintechs counter that banks are just trying to protect their turf and have done a bad job serving the smallest businesses.

“What they’ve developed is a 7(a) oligopoly that looks a lot like the taxi cab medallion scheme,” said Scott Stewart, who leads the Innovative Lending Platform Association.

— But as with almost all things fintech in 2023, there’s political baggage. The fintech lenders at issue played a big part in delivering emergency Paycheck Protection Program loans to the smallest businesses during the outset of Covid-19, while traditional banks faced complaints that they were catering to their existing customers. But the startups have been dogged by accusations that they exposed the SBA to scammers. The House’s lead coronavirus crisis subcommittee said in a December report that fintechs failed to stop “obvious and preventable fraud,” leading to the needless loss of taxpayer dollars.

Why you should care: The Biden administration’s implementation of the proposal will be a key indicator of the fintech world’s political capital in Washington. The House Small Business Committee’s top Democrat, Nydia Velazquez, and outgoing top Republican, Blaine Luetkemeyer, have warned the SBA about the plan.

Velazquez told MM in a statement: “SBA must take the time to address the issues uncovered by Congress and exercise extreme caution before making changes to the flagship 7(a) program.”

The view from SBA is that the fintech fraud problem was isolated to a couple of firms that have since been sanctioned. The agency argues that opening the program to more firms will increase competition among lenders and lower borrowing costs. “We must recognize that small business lending in 2023 is vastly different than in 1982,” an SBA spokesperson said in a statement.

And that was your brief reprieve from Kevin McCarthy — Thanks for sticking with MM during this historic week. Please send tips to zwarmbrodt@politico.com and ssutton@politico.com.

Driving the Day

House Republicans are the main event after adjourning Wednesday without a speaker … Japan’s Minister of Economy, Trade and Industry, Yasutoshi Nishimura, speaks at CSIS at noon.

Reality check: House drama shrinks the congressional agenda — POLITICO’s Burgess Everett: “Holding only 50 Senate seats and a narrow House majority over Biden's first two years in office, Democrats pushed through two sweeping party-line laws on Covid aid as well as taxes, health care and energy. … An agenda even approaching that size seems unattainable in the coming months as House Republicans flail their way through a stalemated speaker battle.”

Crypto is now a political weapon and may be bad for your brand. Just check out these headlines.

POLITICO: Lightfoot's new ad attacks Garcia on 'crypto crook' — “The Chicago mayor’s race heats up on the airwaves this week with Mayor Lori Lightfoot out with the first negative TV ad of the campaign, casting Congressman Jesus ‘Chuy’ Garcia as someone who pals around with ‘crypto crooks’ and ‘indicted pols.’”

FT: FTX failure forces rethink on global sports sponsorship: “The collapse of FTX is reverberating beyond the worlds of crypto and finance, as the global sports industry contemplates the future of lucrative sponsorship deals with digital asset companies.”

Bloomberg: Bitcoin miner Riot drops ‘blockchain’ from name after rough year — “Riot Blockchain Inc. has changed its name to Riot Platforms as the Bitcoin miner seeks to navigate the battered crypto landscape by diversifying operations.”

The government’s crypto crackdown continues. Here’s the latest.

Coinbase to pay $50M in anti-money laundering case — Sam reports that the U.S.-based digital currency exchange agreed to pay a $50 million fine after the New York Department of Financial Services found it lacked safeguards to prevent users from laundering money and engaging in other illegal activity.

U.S. yanks FTX-linked stake in Robinhood — Bloomberg: “The US government has seized — or is in the process of seizing — hundreds of millions of dollars worth of Robinhood Markets Inc. shares as part of the fraud case against Sam Bankman-Fried, founder of the failed crypto firm FTX, lawyers said in court Wednesday.”

SEC raises red flag in Binance.US deal — Bloomberg: “The US Securities and Exchange Commission is pushing back on Binance.US’s plan to buy bankrupt crypto lender Voyager Digital in a deal valued at about $1 billion, according to a bankruptcy court filing.”

SEC targets alleged crypto scheme — The agency Wednesday announced charges against the backers of what it said was a fraudulent investment scheme that made false claims about blockchain technology.

Sen. John Kennedy bows out of Louisiana governor’s race — The quippy Senate Banking Committee member — a key voice on issues like China policy and flood insurance — said, “I just think I can help my state and my country more in the Senate."

The Fed versus markets — WSJ’s Nick Timiraos reports that Federal Reserve officials at their meeting last month were concerned that investor optimism about an end to rate hikes could make it more difficult to fight inflation.

Regulatory Corner

The Biden admin’s regulatory agenda is here — OMB has updated its so-called unified agenda of upcoming regulatory actions across departments and independent agencies. The list isn’t binding but can be a useful tool in surveying the landscape of what’s in the works.

Among the nuggets in the searchable database is a potential CFTC regulation this year on events contracts and possible CFPB rules on overdraft fees.

The agenda has the SEC expecting to finalize its corporate climate disclosure rule in April, according to POLITICO’s energy team. The regulation is a top oversight target for House Republicans. Opponents argue the SEC is going beyond its authority.

Fly Around

Amazon plans larger cuts —WSJ: “Amazon.com Inc.’s layoffs will affect more than 18,000 employees, the highest reduction tally revealed in the past year at a major technology company as the industry pares back amid economic uncertainty.”

U.S. economic officials to visit Taiwan — FT: “The US is sending a delegation of trade and economic officials to Taiwan next week, as President Joe Biden’s administration seeks to bolster the commercial relationship with the country.”

Former Rep. Ed Perlmutter, a Colorado Democrat who was a senior member of the Financial Services Committee, is joining Holland & Knight as a partner in the firm’s Washington and Denver offices, POLITICO Influence reports.

Robert Robilliard, who most recently served as a top aide to crypto critic Rep. Brad Sherman, has joined the Crypto Council on Innovation as director of government affairs.

John Rizzo has been named SVP of public affairs at the comms and public affairs firm Clyde Group and will focus on its financial services clients. Rizzo was most recently a senior spokesperson at the Treasury Department. — Daniel Lippman

The Peterson Foundation is out with a new poll that found 90 percent of voters want Congress to find a bipartisan way to reduce the national debt.

Correction — Yesterday’s MM misattributed a quote on the speaker’s race to Rep. Bill Huizenga.

 

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