Sean Murray


Articles by Sean Murray

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No, Able is Not Going Out of Business, Company Says

September 5, 2017
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Able Lending in Austin, TX

Above: A snapshot of Able’s office when deBanked visited earlier this year

An industry blog appears to have stretched the truth, again.

On September 1st, Lending Times published a story that relied on an anonymous source to suggest that Austin,TX-based Able Lending is going bankrupt and selling their portfolio. No other compelling evidence is offered other than Lending Times not having their messages returned. No clues as to what kind of knowledge the source might have and why they have it is provided.

Another blog piled on top of that story by circulating an email this afternoon with “Able Lending closing down?” in the subject line. That blog also wrote that their messages were not returned.

I personally reached out to Able and received an immediate response. Company CEO Will Davis pointed out a flaw with Lending Times’ anonymous source. “This anonymous source doesn’t seem to be anyone close to Able, because Able does not own a portfolio of loans (it originates and distributes loans to direct lenders, who then hold those loans on their balance sheet) and therefore has no portfolio to sell,” he said.

Davis also speculated that there could be an ulterior motive. “We believe this story originated by the fact that we’ve been in active discussions with a number of originators to acquire Able, and there’s a non-zero chance this story was placed in order to throw an interested party off the trail,” he explained.

“In any event, we have no plans to go out of business and no plans to declare bankruptcy,” he concluded.

You’re Under Arrest: Funder Takes Extreme Measures to Counter Data Theft

September 4, 2017
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employee arrested for data theft at yellowstone capital

Above: Yellowstone Capital CEO Isaac Stern takes the lead as police escort out the arrested employee behind him

An employee of Yellowstone Capital was arrested last month, according to a source who witnessed the events. At the company’s behest, local police entered Yellowstone’s Jersey City office and handcuffed a female employee who was believed to be engaged in the theft and misappropriation of financial data.

A spokesperson for Yellowstone would not comment on the events nor release the name of the accused. deBanked nevertheless obtained a photo of the individual being escorted out by police. We’ve blurred out her face to protect her identity. Several of those present, who spoke on the condition of anonymity, said that she had been employed by the company for several years.

When asked more generally about the risks of data leakage in the industry, Yellowstone Capital CEO Isaac Stern said that his company is operating on the edge of hyper vigilance. “Yellowstone is investing tons of time, money, and effort to prevent data theft,” Stern said. “We are doing everything in our power, everything, to address it, and we have even enlisted the assistance of an outside security firm.”

The incident does not stand alone. Last year, a man on Long Island pled guilty to attempted criminal possession of computer related material after being implicated in a merchant cash advance backdooring scheme.

Backdooring is industry jargon for when a broker submits a potential deal to a funder and that file ultimately leaks out to third parties whom the broker did not authorize to handle the information. Often times brokers will point their fingers at the funder for mismanaging data they suspect is escaping out the back door. Such accusations can be detrimental to a funder’s reputation not only with the broker community but also with customers they advance funds to. That’s why some funders are taking data security to new levels.

Greenbox Capital, for example, a funder in Miami, FL told deBanked back in March that their company designed proprietary software to monitor the actions of all users on their system, which allows them to know who clicked on what when, and for how long. They also developed algorithms to detect suspicious behavior and their security team receives an alert whenever it gets triggered. Greenbox had initially conducted a 90-day probe and discovered that two employees were stealing data. They don’t want that to ever repeat itself.

Using a cell phone to take pictures of confidential data may not help rogue employees evade detection, according to several funders who have said there are methodologies to spot this behavior but declined to explain what they are. And the risk of getting caught may not merely be termination, as evidenced by arrests that have taken place thus far. These funders say there have been other arrests over the last few years but that the companies did not want to draw attention to them.

Indeed, of the two backdooring-related arrests deBanked has reported on now, neither would officially confirm them.

“We take ISO information extremely serious,” Yellowstone’s Stern explained, lamenting that the value of deal data can inevitably foster rogue behavior, which they are constantly monitoring for.

Put another way, the personal information of a single performing client could be worth as much as $10,000 or more if it gets into the wrong hands. That’s because it could be used to offer that client a loan, advance or other service. The profit could come in the form of a commission, interest, RTR, a closing fee, or even something more nefarious like stealing their identity.

“We know about the pressure people face to illegally transmit data,” Stern said. “They think we don’t know, but we know the industry. Ultimately we will catch you.”

The State of The Industry (In Memes)

September 2, 2017
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The state of things in MCA, online lending, and fintech through the disloyal boyfriend meme:

ISOs vs Direct Sales

merchants

bank charters

profits vs volume

Lending Club vs Tech Banks

legit funder vs random guy

online lenders vs factors

ICO fundraising

underwriters

cryptocurrency investing

bitcoin vs dollars

American Banker vs deBanked

SEE MANY MORE DEBANKED MEMES
The History of Alternative Finance (As Told Through Memes)
Ready to Trade ONDK and LC? Scroll to the bottom of the page
10 Clues You’re Hardcore About Merchant Cash Advance

Marketplace Lending Investors Ponder Loan Defaults, Issues in Harvey’s Path

September 1, 2017
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On the LendAcademy Forum, a Lending Club investor posted that he had been selling notes belonging to Houston borrowers in anticipation of payment issues stemming from Hurricane Harvey. Other users chimed in with assessments of their own personal exposure, including one who noticed that affected zip codes made up a little under 4% of his outstanding principal. By now, secondary note buyers probably have their radar up to heed caution with these.

Elsewhere in the industry, MCA firm Strategic Funding and lender Breakout Capital both announced that they were suspending debits to businesses they’ve funded in the Hurricane’s path.

The OCC is also advocating that banks suspend payments in those areas from ATM fees to loans. They should consider “restructuring borrowers’ debt obligations, when appropriate, by altering or adjusting payment terms. Payment extensions should reflect individual borrower situations and generally should not exceed 90 days,” according to a statement.

Letter From The Editor – July/August 2017

August 30, 2017
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Happy end-of-summer. It’s been a remarkable year so far.

In this issue, we talked to small business owners about what works and what doesn’t. Several of them advocated for more personal attention and to shift away from old fashioned marketing tactics like cold calling. If you’re a salesperson, you’ll want to read what your clients told us.

On the bank side, the companies disrupting banking are… other banks, ones that have embraced digital technology and partnerships with online lenders. They’re tech companies with bank charters, or at least that’s how they appear. And it’s working for them quite well. To become a better bank, these banks are taking an entirely different approach than their predecessors.

We’ve got a lot more of course and I want to thank everyone that has supported deBanked all these years, whether as a paying advertiser or as a regular reader. One of the most rewarding things for myself personally has been to see copies of this magazine appear in the lobbies of funding companies all over the country as reading material for visitors. That has given us incredible reach, but I think we can reach even farther. Stay tuned for plans we have in 2018. As the industry turns a page, I hope that you’ll continue turning ours.

Sean Murray

The deBanked Golf Outing 2017 Was a Success

August 28, 2017
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debanked flagsThanks to everyone that attended deBanked’s first ever industry golf outing at Marine Park Golf Course in Brooklyn, NY. And thank you to all the sponsors who helped make it a success!

A PHOTO ALBUM IS NOW LIVE

deBanked Golf Outing Display

Official photos from the event should be available soon. In the meantime, follow us on Instagram to see them when they come out.



P.S. The inaugural conference for MCA and business loan brokers is COMING SOON. Visit http://brokerfair.org to receive updates on Broker Fair 2018.

CFPB Sanctioned By Federal Judge After Engaging in Funny Business During Discovery

August 26, 2017
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federal court rulingWhen the CFPB was asked to support their claims in a brutal lawsuit they had brought against several payment processors, they balked and stonewalled. Eventually, the judge had enough.

On Friday, US District Judge Richard W. Story granted sanctions against the Consumer Financial Protection Bureau (CFPB) for misconduct in discovery and dismissed their case against several payment processors entirely. The CFPB had accused defendants Global Payments, Pathfinder, Frontline and EMS of providing substantial assistance to deceptive conduct carried out by debt collectors.

During discovery, the CFPB attempted to block their own representatives from being deposed in any capacity. The Court disagreed and ordered the depositions to proceed. Rather than comply, the CFPB asked for a protective order to block questioning on topics relevant to their claims. The court mostly denied it, ordering that the defendants were entitled to question the CFPB about the factual underpinnings of its allegations against them.

Apparently determined to undermine the process further, the CFPB produced a witness for a deposition who relied almost entirely on “memory aids,” which in one case was a 200+ page document that the witness merely read aloud verbatim when asked questions.

In a Court conference call conducted in April, defendants complained that the CFPB’s “memory aids” were merely lengthy prepared scripts.

And this was not really a memory aid. This was a script. The witness simply read answers. He did not sort of use it as a refresher of his memory. And frequently the witness would not answer the question asked. But you would ask the witness for the factual basis for something, especially outside Global’s knowledge, and he would read, in one instance for an hour, about things that had nothing to do with Global’s knowledge.

The tactics continued throughout, according to the defendants.

[…] I could be wrong on this Your Honor, but it’s quite possible that in the seven hours yesterday there was no human touch; everything was read. And when anything was asked that would be, well, what facts do you have to support that, it was either met with objection, work product, don’t answer; or the witness would just read lengthy narratives, often that were nonresponsive, that sometimes went as long as 45 minutes and often an hour.

Incredulous that the CFPB refused to answer questions at all costs, the judge ordered sanctions against the CFPB and dismissed the case on the basis that they had failed to produce a knowledgeable witness, made improper objections during depositions, and willfully violated the Court’s repeated instructions.

“In light of the CFPB’s pattern of conduct in this case, the Court is not optimistic that reopening the depositions would be fruitful,” the judge said.

The case is Consumer Financial Protection Bureau v. Universal Debt Solutions, LLC, et al. in the Northern District of Georgia, Atlanta Division, Action 1:115-CV-859-RWS.

Read the full decision here.

Journalist Barred From Being a Director of a UK Firm

August 21, 2017
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TIME OUTGeorge Popescu, owner of Lending Times, and the winner of the 2017 LendIt Awards for best journalist coverage, has been banned from acting as a company director in the UK for 12 years, according to the government’s Insolvency Service. The ban stems from his tenure as a director of a company called Boston Prime.

George Alex Popescu (“Mr Popescu”) breached his fiduciary duties to act in the best interest of Boston Prime Limited (“Boston Prime”) and/or failed to ensure that both Boston Prime, as the regulated firm, and him individually, as the approved person, complied with the Financial Conduct Authority (“the FCA”) rules and guidance.

$6.2 million was transferred out of the company to a company named FXDD. Boston Prime’s receiver is presently suing FXDD seeking the return of the funds to the company. Proceedings are ongoing. Mr. Popescu is not under investigation and there are no legal proceedings at this time against Mr. Popescu.

Meanwhile in the US, Popescu has raised millions of dollars for his latest company, Lampix, by conducting an initial coin offering for Pix tokens. Lampix reports having raised 52921.88 ETH to-date, currently valued at more than $17 million.

A month ago, the SEC issued a warning about these kinds of offerings.

“Recently promoters have been selling virtual coins or tokens in ICOs. Purchasers may use fiat currency (e.g., U.S. dollars) or virtual currencies to buy these virtual coins or tokens. Promoters may tell purchasers that the capital raised from the sales will be used to fund development of a digital platform, software, or other projects and that the virtual tokens or coins may be used to access the platform, use the software, or otherwise participate in the project. Some promoters and initial sellers may lead buyers of the virtual coins or tokens to expect a return on their investment or to participate in a share of the returns provided by the project. After they are issued, the virtual coins or tokens may be resold to others in a secondary market on virtual currency exchanges or other platforms.

Depending on the facts and circumstances of each individual [Initial Coin Offering] ICO, the virtual coins or tokens that are offered or sold may be securities. If they are securities, the offer and sale of these virtual coins or tokens in an ICO are subject to the federal securities laws.”

Lampix is not licensed to sell securities and they claim their tokens are not securities.