Public Meeting Regarding Citicorp and Travelers Group
Thursday, June 25, 1998
Transcript of Panel Three
99 7 MS. MC CALL: No. Thank you very 8 much for your contribution this morning. 9 Could I ask. Some of the folks who 10 missed testifying on panel two and are here, 11 could I call Glenn VanNostritch, Walter 12 McCaffrey, Peter Rivera and Dennis Walcott. 13 Why don't we start from left to 14 right, Mr. VanNostritch. 15 MR. VAN NOSTRITCH: Thank you. My 16 name is Glenn Van Nostritch and I'm research 17 director for public advocate Mark Green. He 18 was supposed to be on the 9:35 panel. As you 19 know there were a few delays and he had another 20 meeting he had to get to. 21 If you approve the Travelers Group 22 application you will be giving a green light to 23 the structuring of the bulk of the nations 24 financial services industry into a handful of 25 massive financial services conglomerates. I . 100 1 2 urge you to reject this application because 3 such restructuring would occur in the absence 4 of crucial laws to protect consumers and expose 5 taxpayers to substantial liability. 6 First, I'd like to talk about the 7 cross-marketing and de facto product tie-in 8 concern. 9 Although Citicorp and Travelers had 10 stated that the chief motivation is to 11 cross-market their wide array of financial 12 services and products, they haven't provided 13 you with any actual cross-marketing plan. They 14 said that these plans will quote unquote 15 develop over time. But since cross-marketing 16 presents serious consumer pitfalls it is 17 important to know now, not after you've reached 18 your decision, how Citigroup is going to 19 cross-market among its affiliates. 20 One of these pitfalls is product 21 tying -- the de facto requirement for a 22 customer buying one financial product to 23 purchase another at the same time. Consider 24 the position of someone applying for a car loan 25 from one Citigroup affiliate who is handed a . 101 1 2 credit insurance application to another 3 Citigroup affiliate. 4 It would be very understandable if 5 she believed that not completing the insurance 6 application would hurt her chances for a loan 7 approval, even if no one directly told her that 8 there was a quid pro quo. 9 The same holds true for the hopeful 10 home owner waiting word on a mortgage 11 application to get the call from Citigroup 12 insurance affiliate about applying for a 13 homeowners insurance. The resulting harm is 14 that the individuals might well have purchased 15 the insurance elsewhere at lower cost had they 16 not felt compelled to buy everything under the 17 Citigroup umbrella. 18 The applicant that says that as part 19 of it's cross-marketing will use quote unquote 20 relationship pricing in which discount is 21 granted if you buy a package of financial 22 products and that relationship pricing has 23 numerous consumer advantages such as 24 convenience and more personalized service. 25 Experience with Citibank's . 102 1 2 relationship pricing illustrates how it can 3 discourage comparison shopping and raise 4 consumer costs. According to the consumer bank 5 scorecard of 50 banks that is issued annually 6 by Mark Green, Citibank has consistently ranged 7 amongst the five most expensive banks in New 8 York City like services like checking accounts 9 and a six thousand dollar minimum balance of 10 free checking is far higher than it's major 11 competitors. 12 Recently Citibank had added mortgages 13 and other credit card products to this 14 relationship to reach a six thousand dollar 15 minimum. The down side of consumers is that 16 mostly Citibank's products including mortgage 17 and credit cards could be obtained somewhat 18 less expensive by shopping around and it's 19 deposit accounts pay less than most other 20 banks. 21 So even should a consumer get a 22 seemingly good deal on one Citibank product the 23 savings could easily be offset by high prices 24 for the other services. For instance, savings 25 from the free checking could be offset by the . 103 1 2 comparatively high annual finance charge in 3 most Citibank credit cards. 4 In short, cross-marketing as 5 encouraged by relationship bank pricing is 6 anti-competitive from shopping around for 7 better pricing. 8 Then there is the issue of product 9 tie-in. Last month Nations Bank paid a $7 10 million federal fine for misleading its 11 customers, many of them elderly people who have 12 been investing in federally insured CDs about 13 the risk of investing in mutual funds. This 14 case illustrates the dangers and temptations of 15 putting securities in banking businesses under 16 one roof. Yet common ownership every 17 securities and banking affiliates should only 18 increase the motivation to cross-market these 19 products. 20 Representative John Dingell has 21 proposed giving the SEC more power to regulate 22 brokerage activities in banks because current 23 protections are insufficient. The Travelers 24 Group acquisition of Citicorp would occur 25 without such necessary protection. . 104 1 2 Nationsbank is not an 3 isolated case. A May, 1996, study by the FDIC 4 found that more than one-fourth of the banks 5 surveyed failed to tell on-site customers that 6 products are not insured and 55 percent failed 7 to inform telephone customers. 8 Consumers regrettably are vulnerable 9 to misinformation and manipulation. A 1994 10 survey conducted for the American Association 11 of Retired Persons found that fewer than one in 12 five bank customers understood that products 13 such as mutual funds and annuities are 14 uninsured. 15 The board should not approve 16 Travelers application until new privacy 17 protections applying to financial services 18 conglomerates are enacted into law. 19 Primerica, Credit Corporation, 20 Citibank and Salomon Smith Barney possess 21 intimate, private information about tens of 22 millions Americans. Through loan applications 23 they know about the jobs many people hold, from 24 credit card records they know about recent 25 purchases, from mortgage applications they know . 105 1 2 the age and value of their residences, from 3 auto insurance files they know about driving 4 records, and from banking files they know if 5 there was recently a large deposit in an 6 account. 7 Travelers promised to adopt the quote 8 unquote opt-out system by which consumers 9 affirmatively indicate that they do not want 10 their personal information shared. Recently 11 one of serious problems the opt out method were 12 currently used such as the opt out disclosure 13 are buried in the middle or near the end of a 14 multi-page agreement. 15 A much better approach is to 16 affirmatively opt in to approve dissemination 17 of personal information among Citigroup 18 affiliates. 19 The rest of our testimony discusses 20 how taxpayers will be put on the line by such a 21 merger because of the dangers of under 22 regulation of insurance affiliates and the 23 inadequacy of the overall regulatory structure 24 for such a large multifaceted conglomerate. 25 Thank you. . 106 1 2 MR. LONEY: Thank you for your 3 consideration of our time restraints and we 4 will certainly put the rest of your testimony 5 in the record. 6 Before we go to Mr. McCaffrey I want 7 to introduce Barbara Kent from the New York 8 State Banking System. 9 MR. MC CAFFREY: Thank you very much. 10 I am counsel member Walter McCaffrey 11 representing the people of the 26th council 12 district in western Queens. 13 I come today with an experience in 14 dealing with Citibank borne not just during my 15 position as an elected official, but having 16 served as a chair of a community board in 17 western Queens and district chief of staff to a 18 member of the House of Representatives. 19 In 1985 Citibank originally came to 20 Long Island City with a proposal to build what 21 is now their fifty story headquarters in 22 Queens. The facility at that time was 23 obviously going to be something significantly 24 and dramatically different from that which is 25 in the community. . 107 1 2 Queens did not have such a skyline as 3 it has now. But Citibank came not to be in 4 Long Island City but rather to be part of Long 5 Island City. Through the process the bank 6 ended up agreeing readily to the request of the 7 community to participate in a whole host of 8 activities. For example, Citibank has set up 9 over the years an amenities package. The 10 amenities package that was agreed to by the 11 bank and developed in cooperation with the 12 community became in many ways quintessential 13 example of amenities packages not really in 14 this city but around the nation. 15 Programs for senior citizens, 16 programs for the youth in the community, 17 housing funds were all readily available and 18 there was a set period of time in which the 19 bank had a legal obligation to provide those 20 resources. 21 At the expiration of that period of 22 time, however, the bank could have walked away 23 and said wealth we have discharged our 24 responsibility but rather they chose to 25 continue that financial involvement with the . 108 1 2 community over the years without any sort of 3 obligation whatsoever. 4 The institution also as it was going 5 up was one of the first private construction 6 sites in the City of New York to aggressively 7 have an MBE, a minority business employee 8 enterprise component, and a WB, a woman 9 business enterprise component in the 10 construction phase, and that was something in 11 that period of time that was not seen really in 12 the private sector. It was something that had 13 been looked at and used in terms of development 14 of public projects. 15 So the bank over the years has had 16 that type of involvement. It is one of the two 17 institutions in the City of New York that has 18 really moved forward in the development in 19 terms of programs to deal with elder abuse. 20 Other banks in the city did not live 21 up to their obligation after it was pointed out 22 that the banking community generally had a poor 23 record. They stepped forward and aggressively 24 so. In terms of the ATM law in the City of New 25 York which is the toughest law in the United . 109 1 2 States, and having been the author of that, I 3 have to say that Citibank did not come into 4 that process dragging its heels but rather 5 aggressively moved, with only a few exceptions 6 of those members of the banking company. Sad 7 to save that the State of New York has tried to 8 gut that law. The fact of the matter is we 9 have seen that Citibank has been aggressive in 10 terms of customer safety and ATM. 11 I understand that we look at this in 12 a perspective of national context, but 13 certainly I want you to understand what the 14 context is in terms of the specific community. 15 We've heard testimony from people 16 today as to some policies but I wanted to give 17 you a specific example, and it would have been 18 very easy for that institution to come in to 19 use its power to be able to get approval and 20 not do anything for the community. 21 Matt Lee rightly points out that 22 there is uncertainty as to whether or not 23 federal law will change in terms of that which 24 has been considered a firewall for many years 25 in terms of financial institutions. But I . 110 1 2 think at the time in which it was passed we had 3 a much different type of financial institution 4 at hand. 5 Nearly 70 percent of the investment 6 and financial institutions at that time was in 7 banks. It is now down to under 30 percent. We 8 never saw the development of credit unions at 9 that time. We now see that and we see now 10 billions of dollars invested in the 11 metropolitan area in other institutions and 12 certainly on the national basis we see that the 13 credit union concept is something that has a 14 major impact now and as an alternative source. 15 I understand the position of our 16 distinguished public advocate in terms of 17 concerns, and there are legitimate concerns in 18 terms of privacy, but I think from the consumer 19 point of view we now see entities in the City 20 of New York who are banks that came from afar 21 for New York's customers who are now here. We 22 see that type of diversity, and, again we see 23 that type of competition and the competition is 24 out there. 25 Now, some consumers will choose not . 111 1 2 to be savvy and some will choose to be able to 3 watch very, very closely and to be able to make 4 competitive decisions. The fact of the matter 5 is I think with education out there that that 6 is something that can be addressed. So I would 7 suggest that this is a good proposal on 8 balance. It is not a perfect one, but it is 9 one which I think will benefit. 10 MR. LONEY: Thank you. Mr. Walcott. 11 MR. WALCOTT: Good morning to you. I 12 should say good afternoon probably to all of 13 you who are here since morning. You started 14 early. 15 I want to approach this both as 16 president of the New York Urban League as well 17 as a former member of the City of New York city 18 board of education and talk about the 19 opportunities that are presented before us 20 right now with this potential merger and I want 21 to focus on several items included in the 22 potential merger. One, taking a look at the 23 merged opportunities for investment in the 24 office of financial literacy, and creating the 25 advisers panel on financial literacy, also . 112 1 2 Citigroup initiative dealing with education 3 both at a student level and an elementary level 4 as well as middle and high school level. 5 Talk about the area of developing the 6 financial skills of young Americans and how the 7 Citigroup will be responsive in developing 8 that, and also talk about their public 9 awareness campaigns in trying to deal with both 10 the literacy and math initiatives within the 11 New York City public school system. 12 It is proposed that 25 million 13 dollars will be developed for the banking 14 education initiative making sure that children 15 regardless of their families' income become 16 computer literate. Also talk about the 17 development of the new technology that's being 18 proposed with the merger as well. 19 In addition to that, I want to talk 20 about the center for community development 21 enterprise that's being proposed with the 22 merger, and I think there are a lot of great 23 opportunities with the potential merger. One 24 of the other things that I think is extremely 25 important to talk about that I really have not . 113 1 2 heard dealt with at all this morning is the 3 corporate involvement on the part of the 4 leadership of both Travelers as well as 5 Citibank as well. 6 For example, Citibank vice-president 7 has become the newest member of the New York 8 City Board of Education on the Travelers side. 9 One of their members it's now on the New York 10 State board of regents. Former vice-president 11 of Citibank was a former president of the New 12 York City board of education who is now the 13 state comptroller of the State of New York. 14 So they have an active involvement as 15 far as making sure that they are involved as 16 corporate citizens as well, and I must be very 17 honest with you in that my own board treasurer 18 is a member of Travelers, as he has been I 19 think a very responsive Travelers person who 20 has been there for us. 21 We are one of those organizations 22 that do not receive monies from Citibank, not 23 because of Citibank. We just never approached 24 Citibank. So we are not there and here as a 25 result of Citibank as indicated earlier forcing . 114 1 2 nonprofits to be here. We're here because we 3 see a potential opportunity that will increase 4 the diversity in New York City as well as 5 opportunity for investment in the education of 6 New York City making our students brighter as 7 far as computer literacy and also getting into 8 the financial industry. 9 I thank you for this opportunity to 10 testify before you. 11 MR. LONEY: Thank you, Mr. Walcott. 12 Assemblyman Rivera. 13 MR. TRAYLOR: Good morning. My name 14 is Peter Rivera. I'm a member of the New York 15 State assembly. I represent the 76th assembly 16 district in the Bronx which is comprised of the 17 communities known as Parkchester, Castle Hill, 18 Fordham Road and westbound. The ethnic makeup 19 of my district is 35 percent Hispanic. 25 20 percent African American, 20 percent white. 21 My purpose here is to express my 22 opinion saying the Citibank my district in fact 23 was a district that was affected when Citibank 24 closed the branch that was the Parkchester 25 branch. However, the closure of that branch . 115 1 2 have very little adverse impact on my district 3 due in large part to the good work that 4 Citibank did in one, notifying the residents of 5 the district that they were closing the branch, 6 two, providing an ATM machine, three providing 7 alternative ways for the seniors in the 8 district to be able to get to the closest 9 available branch, and, four, the assistance 10 that Citibank gave to educate many residents of 11 my district to banking at home. 12 Citibank has always had a commitment 13 to the communities it serves, particularly to 14 the residents of the 76th assembly district. 15 It starts with the faces that greet you 16 whenever I visit one of their branches. As you 17 know the Hispanic community has become quite 18 sensitive as of late as a result of an episode 19 on Seinfeld and as a result of other articles 20 that have been written characterizing the way 21 that Hispanics are viewed on the media as 22 suspect rather than as potential purchasers. 23 However, the corporate responsibility 24 at Citibank has indicated that they really have 25 gone out and attempted to reach and attempted . 116 1 2 to hire people from every segment of the 3 communities that service New York City. It's 4 community development program have helped 5 tremendously in improving the quality of life 6 in the communities in which it has a strong 7 presence. 8 For example, the community 9 development program is a comprehensive strategy 10 that is built upon partnership with nonprofits, 11 government agencies and other strong financial 12 partners. In the 76th assembly district they 13 helped two major important programs that I want 14 to refer to. 15 One is NETS which works with senior 16 citizens and the other is the East Bronx Hunger 17 Program. The East Bronx Hunger Program is the 18 only food pantry in the east side of the Bronx 19 servicing approximately a half a million people 20 and sponsored basically by the churches in the 21 area. About two years ago they had a deficit 22 of $10,000 and if it wasn't for the assistance 23 of Citibank in trying to overcome that deficit 24 the East Bronx Hunger Program would have gone 25 out of business. . 117 1 2 Last year alone Citibank committed 3 one hundred fifty thousand dollars to community 4 development corporation for the creation of 5 affordable housing commercial stores and 6 community revitalization. 7 In the district that I represent this 8 type of commitment is truly important. The 9 76th assembly district is primarily populated 10 by low to moderate income families. These many 11 families deserve every opportunity to fulfill 12 dreams such as obtaining credit, owning a home 13 and starting their business. 14 Citibank has enabled many families in 15 my district to realize these goals. For 16 example, Citibank is the largest lender in 17 Parkchester here. My working close to 18 community groups after the Castle Hill branch 19 closed has been able to identify and meet the 20 needs of the community. 21 Just recently over one hundred 22 members of the Crossroads Congregation attended 23 Citibank seminars on budgets and home 24 ownership. The seminar was just one of the 25 many that Citibank offers on a regular basis. . 118 1 2 These have been offered in English and in 3 Spanish so as to meet the needs of every 4 consumer, Citibank has also consistently 5 created commitments to the community by paying 6 close attention to every detail that will make 7 it bond to the community stronger. 8 The staff at Castle Hill are deeply 9 committed to their community whether its 10 reading to third grade, through their read 11 aloud program or conducting clothing drives for 12 the less fortunate in our community. 13 Citibank has supported after school 14 programs. As a result I have contacted 15 Citibank right now because we hope to be able 16 to establish the first Internet cafe in 17 Parkchester due in large part through the 18 cooperation of Citibank. St. Helen's is a 19 small private group school that services for 20 the most part, parents have programs that allow 21 them to work with their assurance that their 22 children are taken care of in a safe and 23 nurturing environment. 24 Citibank has always positioned itself 25 as a leader in the area of technology with its . 119 1 2 plans for opening up a new state-of-the-art 3 electronic banking facility in the Bronx. 4 They will have the opportunity to 5 establish itself as an even stronger partner in 6 the community. Citibank uses its human 7 resources strength to invest time and 8 leadership to community groups and residents. 9 This past April I had an opportunity to 10 participate in a program called Christmas in 11 April, a project that Citibank has been a long 12 supporter. In the Christmas in April project 13 Citibank and I chose a house owned by a senior 14 citizen approximately 75 years of age who was 15 blind and who was living alone, and we cleaned 16 out the house. The cleaning up was done with 17 their employees. We cleaned out the house. We 18 took out all the garbage from the house. We 19 repainted the house. We put it in a new stove 20 and a new refrigerator. 21 You can see how it is from these 22 activities in my district and throughout the 23 entire Bronx that Citibank demonstrates its 24 pledge to provide access of the highest quality 25 and financial services and products and make . 120 1 2 these available to everyone regardless of where 3 they live or how much they make. 4 I look forward to continuing my 5 office's partnership with Citibank and I am 6 confident that we will be able to effecutate 7 positive changes in my district and throughout 8 the entire Bronx. 9 I thank you very much for your time 10 and attention and hope that the consideration 11 of all of this testimony that will be presented 12 here today will lead to the obviously 13 beneficial rewards that this merger will 14 provide. 15 MR. LONEY: Thank you. Any 16 questions? 17 MR. ALVAREZ: I have one question. 18 There has been a lot expressed by this panel 19 and earlier panels about protecting customer 20 information particularly. Are there any state 21 or local laws here that govern the sharing of 22 customer information and protect customer 23 information? 24 MR. MC CAFFREY: We in the City of 25 New York are precluded in terms of that. That . 121 1 2 is a function of the State and obviously you 3 would be able to have information readily 4 available as to the State. 5 If I can just indulge one other 6 thing, let me say that one of the assets that 7 Citibank did in a community that had no library 8 whatsoever built at the expense of two and a 9 half million dollars a library fully equipped, 10 turnkey, gave it over to the Queensborough 11 library system as part of the commitment to the 12 community. That was a fairly significant 13 contribution and I'd be derelict if I didn't 14 mention it. 15 MR. RIVERA: I'm not aware of any 16 specific section of state law that prevents, 17 I'm sure that it does, although I really can't 18 recite it. 19 MR. ALVAREZ: Mr. Van Nostritch. 20 MR. VAN NOSTRITCH: I believe one of 21 their motivations is to be able to share all 22 kinds of information among affiliates to 23 develop a large database on the customers so 24 certainly that is what they are planning to do 25 and apparently there is no law that can stop . 122 1 2 them from doing that. 3 MR. WALCOTT: If I can just make one 4 modification to my testimony, because normally 5 as a not-for-profit we always think of 6 receiving grants from corporations or 7 foundations. I do want to say with Citibank we 8 have recently established the New York Urban 9 League a cash reserve with Citibank and that 10 has been tremendously helpful to us. 11 I do want to modify my testimony to 12 say that while we never have pursued them for 13 any grants whatsoever or corporate support for 14 dinners, at the same time they have been very 15 helpful as far as the cash reserve, and that 16 will help us during emergency times if the city 17 council and the mayor are at odds at times and 18 holding up budgets for not-for-profit. 19 I do need to put that on the table. 20 That's been extremely helpful to an 21 organization like us. 22 MR. LONEY: Thank you. Any other 23 questions? We'll takes a ten minute break, and 24 reconvene at 10:30. 25 (Recess)