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Paul Merrell

Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahama... - 0 views

  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
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    Words fail me.
Paul Merrell

The Latest Snowden Leak Is Devastating to NSA Defenders - Conor Friedersdorf - The Atla... - 0 views

  • Consider the latest leak sourced to Edward Snowden from the perspective of his detractors. The National Security Agency's defenders would have us believe that Snowden is a thief and a criminal at best, and perhaps a traitorous Russian spy. In their telling, the NSA carries out its mission lawfully, honorably, and without unduly compromising the privacy of innocents. For that reason, they regard Snowden's actions as a wrongheaded slur campaign premised on lies and exaggerations. But their narrative now contradicts itself. The Washington Post's latest article drawing on Snowden's leaked cache of documents includes files "described as useless by the analysts but nonetheless retained" that "tell stories of love and heartbreak, illicit sexual liaisons, mental-health crises, political and religious conversions, financial anxieties and disappointed hopes. The daily lives of more than 10,000 account holders who were not targeted are catalogued and recorded nevertheless."
  • I never thought I'd see this day: The founder of Lawfare has finally declared that a national-security-state employee perpetrated a huge civil-liberties violation! Remember this if he ever again claims that NSA critics can't point to a single serious abuse at the agency. Wittes himself now says there's been a serious abuse. The same logic applies to Keith Alexander, James Clapper, Michael Hayden, Stewart Baker, Edward Lucas, John Schindler, and every other anti-Snowden NSA defender. So long as they insist that Snowden is a narcissistic criminal and possible traitor, they have no choice but to admit that the NSA collected and stored intimate photos, emails, and chats belonging to totally innocent Americans and safeguarded them so poorly that a ne'er-do-well could copy them onto thumb drives. 
  • They have no choice but to admit that the NSA was so bad at judging who could be trusted with this sensitive data that a possible traitor could take it all to China and Russia. Yet these same people continue to insist that the NSA is deserving of our trust, that Americans should keep permitting it to collect and store massive amounts of sensitive data on innocents, and that adequate safeguards are in place to protect that data. To examine the entirety of their position is to see that it is farcical. Here's the reality. The NSA collects and stores the full content of extremely sensitive photographs, emails, chat transcripts, and other documents belong to Americans, itself a violation of the Constitution—but even if you disagree that it's illegal, there's no disputing the fact that the NSA has been proven incapable of safeguarding that data. There is not the chance the data could leak at sometime in the future. It has already been taken and given to reporters. The necessary reform is clear. Unable to safeguard this sensitive data, the NSA shouldn't be allowed to collect and store it.
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    Remember Obama's famous, "No one is reading your emails" line. Either he had inadequately investigated the truth of that statement or he was lying. 
Paul Merrell

Ukraine Finance Minister's American 'Values' | Consortiumnews - 0 views

  • Ukraine’s new Finance Minister Natalie Jaresko, who has become the face of reform for the U.S.-backed regime in Kiev and will be a key figure handling billions of dollars in Western financial aid, was at the center of insider deals and other questionable activities when she ran a $150 million U.S.-taxpayer-financed investment fund.Prior to taking Ukrainian citizenship and becoming Finance Minister last December, Jaresko was a former U.S. diplomat who served as chief executive officer of the Western NIS Enterprise Fund (WNISEF), which was created by Congress in the 1990s and overseen by the U.S. Agency for International Development (U.S. AID) to help jumpstart an investment economy in Ukraine.
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    A very large whiff that Ms. Jaresko should be doing time in federal prison for insider trading and fraud upon the federal government.
Paul Merrell

Congress Seeks to undermine Iran Deal by Linking Iran with ISIS | Global Research - Cen... - 0 views

  • One of the consequences of the Iran Deal was the declaration by countless politicians that they were going to crack down on Iran’s sponsorship of terrorism. Even the White House signed on to this idea. Well now some of the backlash has officially begun: Congress is linking Iran with ISIS, even though Iran is fighting ISIS. [and ISIS is supported by the US, GR ed.] Few mainstream publications have picked up on the fact that in a response to the San Bernardino killings, the Congress last week passed legislation, which the president duly signed, that puts Iran in an axis of international-terrorist evil along with Syria, Iraq and Sudan. The legislation amends our country’s visa waiver program. Iranian dual nationals, as well as US citizens who have visited Iran, will need visas to get into the U.S. Reuters: Iranian Foreign Minister Mohammad Javad Zarif on Friday said it was “absurd” that Tehran should be included on the list. “No Iranian nor anybody who visited Iran had anything to do with the tragedies that have taken place in Paris or in San Bernardino or anywhere else,” he said in an interview with Middle East-focused website Al Monitor. Secretary of State John Kerry promptly met with Zarif, his Iranian counterpart, to assure him that the new law doesn’t undercut the Iran deal. But the Iranians say that the legislation is the result of pro-Israel lobbying. And even the State Department describes Iran as a state sponsor of terrorism.  
  •  Iranians say the bill reflects pro-Israel lobbying. Reuters: Iran said on Monday that Israeli lobbying was behind a new measure passed by the U.S. Congress that will prevent visa-free travel to the United States for people who have visited Iran or hold Iranian nationality. The measure, which President Barack Obama signed into law on Friday, also applies to Iraq, Syria and Sudan, and was introduced as a security measure after the Islamic State attacks in Paris and a similar attack in San Bernardino, California.
  • More from Reuters‘ description of the Israel lobby angle: Iran, a Shi’ite Muslim theocracy staunchly opposed to Sunni radicalism espoused by groups like Islamic State, says its inclusion on the list is intended to undermine a deal on its nuclear programme that Tehran reached with world powers, including the United States, in July, known as the JCPOA. Iranian Foreign Ministry spokesman Hossein Jaberi Ansari said in a televised news conference that the U.S. measure had been passed “under pressure from the Zionist lobby and currents opposed to the JCPOA”. The administration wants to have it both ways on blaming Iran. Yesterday on National Public Radio, Adam Szubin, the counter-terrorism finance under secretary at the Treasury Department, also put Iran in the category of ISIS, as an international terror deliverer: if you are familiar with the model of how al-Qaida or groups like Hamas and even Hezbollah have financed themselves, they’ve typically been heavily reliant on foreign donations, whether from state sponsors like Iran or whether from wealthy what we call deep-pocket donors, often in the Gulf. But that financing model is not ISIL. When you have a group that’s raising hundreds of millions of dollars in a year from internal sources, we don’t have those same chokepoints to go after in terms of the foreign flows.
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  • Meanwhile John Kerry is doing fancy footwork, explaining the legislation away, in a letter to Javad Zarif. we remain fully committed to the sanctions lifting provided for under the JCPOA. We will adhere to the full measure of our commitments, per the agreement. At the State Department briefing Monday, reporters questioned why the legislation didn’t amount to a violation of the Iran Deal:
  • Here is some more blindness in the media on these issues. NPR has continually deceived listeners about Sheldon Adelson’s agenda, and it did so again yesterday. Adelson is a leading opponent of the Iran Deal, as a supporter of Israel. He has called on President Obama to nuke Iran. But in a report on Adelson’s purchase of a Nevada newspaper, NPR once again leaves out the Israel angle of Adelson’s interests. It says blandly: Adelson is also prominently involved in national politics. That link is to a story about his on-line gambling concerns. But as Cory Bennett of the Hill said on CSPAN the other day– something I did not know till now– Iran is said to have undertaken a cyber-attack on Sheldon Adelson’s casino last year because of his call to nuke Iran.  The alleged cyber-attack:  Investigators determined that hacker activists were the ones who broke into servers belonging to the Las Vegas Sands Corporation in February 2014, costing the company more than $40 million in damages and data recovery costs, Bloomberg Businessweek reported Thusday citing a report by cybersecurity firm Dell SecureWorks. The hackers were acting in retaliation to the company’s CEO, casino magnate Sheldon Adelson’s statement that Obama should detonate a nuclear bomb in Tehran, which stirred controversy around the world. This is the battle behind the headlines. And in a transparent effort to get Adelson’s backing, as well as that of the Andrew Herenstein’s of the world, the neoconservative favorite in the Republican race, Senator Marco Rubio, has vowed to tear up the Iran deal on his first day in the White House if he’s elected. Thus the ideological war over how much the U.S. should support Israel is playing out in global terms; and our media are shying away from the story.
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    It's preposterous for Congress to say that Iran is associated with ISIL and for Obama to sign such a bill. Iran is one of the major military forces in the fight against ISIL in both Syria and Iraq.
Paul Merrell

IMF agrees to include China's RMB in benchmark SDR currency basket - 0 views

  • The International Monetary Fund agreed Monday to add the Chinese yuan to its reserve currency basket. The decision — which marks another step in China's global economic emergence — came after the IMF evaluated the Asian nation's standing as an exporter and the yuan's role as a "freely usable" currency. In a statement, IMF Managing Director Christine Lagarde noted the yuan's inclusion is a "clear representation of the reforms" taking place in China.
  • The addition of the yuan, or renminbi, will take effect next October. Lagarde and the United States had supported its inclusion in the basket, known as Special Drawing Rights (SDR). It will join the euro, yen, pound and dollar in the reserves basket. The yuan will have about an 11 percent weighting in the SDR.
  • The IMF said the yuan's inclusion will make the SDR more diverse and representative of the international community. The basket determines the currency mix countries like Greece receive when the IMF disburses financial aid. The decision to add the yuan will likely increase demand for the currency.
Paul Merrell

HSBC Judge: Public Has a Right to HSBC's Dirty Linen | 100Reporters - 1 views

  • A federal judge on Thursday ordered the release of an independent monitor’s review of HSBC’s internal cleanup after a landmark $1.92 billion settlement for laundering drug money and for sanctions violations. The U.S. Justice Department and the bank had claimed that disclosing the report could harm law enforcement efforts and provide criminals with a “road map” to holes in HSBC’s defenses against money laundering. But U.S. District Judge John Gleeson ruled that the court and the public had a right to know whether HSBC was living up to its agreement to improve internal controls and merited a deferral of prosecution by the government.
  • Gleeson also said it was “equally appropriate and desirable for the public to be interested and informed now in the progress” of the HSBC settlement. HSBC in 2012 reached a landmark settlement with the federal government, admitting that it had deliberately laundered funds for drug cartels and countries under trade sanctions. Prosecutors described the settlement as a “sword of Damocles” hanging over HSBC. Should the bank fail to improve, it would face prosecution for unbridled financial wrongdoing. A condition of the settlement was that the bank submit to extensive outside review of its reform efforts. The former New York State ethics chief Michael G. Cherkasky was appointed as the HSBC monitor in 2013. A leaked copy of his report recounted instances of U.S. bank managers bullying and shouting at compliance team members, and drew attention to the bank’s dealings with clients that had possible links to terrorism, according to Bloomberg.
Paul Merrell

No Slap On The Wrist: Wells Fargo Plunges After Federal Reserve Bars Lender's Growth - 0 views

  • Wells Fargo WFC -9.22%Wells FargoWFC$58.16$-5.91(-9.22%)As of 02/06/2018, 01:01am EST is facing far more than a fine for its fake accounts scandal, in which employees at the lender's branches across the country opened over a million fraudulent checking and credit card accounts to hit their numbers. Late on Friday, the Federal Reserve decided to restrict growth at America's third-largest bank by assets until its risk and governance is improved. The order, which also called for a revamp of Wells Fargo's board of directors, sent the bank reeling in early trading Monday. Wells Fargo shares plunged 9% lower in Monday trading, erasing most of its gains over the past 12 months. For its top shareholder, Warren Buffett's Berkshire Hathaway, the Fed-inspired stock slide meant its Wells Fargo holdings lost over $2.7 billion in value. "We cannot tolerate pervasive and persistent misconduct at any bank and the consumers harmed by Wells Fargo expect that robust and comprehensive reforms will be put in place to make certain that the abuses do not occur again," said chair Janet L. Yellen on Friday. The order was her last as head of the Federal Reserve. On Monday, successor Jerome Powell was sworn in. Added Yellen, "the enforcement action we are taking today will ensure that Wells Fargo will not expand until it is able to do so safely and with the protections needed to manage all of its risks and protect its customers." In September 2016, Wells Fargo paid a $185 million fine to the Consumer Financial Protection Bureau after the agency found branch bankers had opened well over a million fake accounts, which generated millions of dollars in fees to the lender. When the scandal, which occurred over almost a decade, was first revealed, Wells Fargo and its board didn't immediately overhaul their leadership, or sanction top executives in the divisions where fake accounts were created. Only after significant public outcry, in addition to a widening scope of the scandal, did Wells Fargo begin a revamp, firing CEO John Stumpf and clawing back bonuses for numerous executives. Backer Warren Buffett later said in an appearance on CNBC the bank and its leadership had misjudged the severity of the problem.
  • In addition to harsh words, the Fed is ordering a sanction of almost unprecedented severity. It will restrict the bank's growth until its governance and risk management improve, though it will allow Wells to continue current operations from taking deposits to offering loans.
  • Three Wells Fargo long-standing board directors, John Chen, Lloyd Dean and Enrique Hernandez, will likely retire at the firm's annual meeting as part of the Fed's additional order for a refreshment of four board directors. Analysts did not brush off the Fed's move, as they have large fines coming out of the crisis.
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  • The bottom line is that the consent and decree order will mean Wells will have a harder time maintaining market share and will have to compete more on price or credit terms versus peers, in our view. Wells will also have to maintain the balance sheet while other banks are growing, and we view this as defensive versus peers," Kleinhanzl added.
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