MPR Authored
Sony Unlikely to Face Criminal Negligence Charges in Breach
August 23, 2011
In light of Sony’s data breach, many people are making the case that their weak security constitutes criminal negligence. It may be appropriate considering Sony is an electronics company who should be held to a higher standard. Had they been an international supplier of lumber, we might be willing to give them more leeway. But let us not forget that Sony is the victim here. If a man walks into a bad neighborhood holding handfuls of cash and is robbed, it may very well be his own fault, but to argue his negligence was downright criminal will be a tough sell.
Sony is even less likely to be pursued criminally considering it’s already difficult enough to even convict perpetrators these days. Examine the financial crisis of 2008 and you’ll quickly realize that misdeeds were rarely handled outside of civil court. A shining example is the U.S. v. Deutsche Bank in a recent mortgage fraud case. In an excerpt about it by Fox:
by choosing to bring a civil case, instead of a criminal one, the feds have assured that more alleged fraud on Wall Street during the housing bubble will be met with fines rather than more serious sanctions. The reasons for the reluctance to charge Deutsche Bank or its employees with criminal charges are diverse, but likely come down to the higher burden of proof and collateral damage that go hand-in-hand with criminal charges. “Firms can do significant damage to themselves, to taxpayers and their customers without committing crimes. Negligence, recklessness and stupidity can go a long way,” said Dan Richman, a law professor at Columbia.
You hear that Sony? Stupidity isn’t criminal, even though many would like it to be. This doesn’t mean they’re off the hook completely since they are already liable for over $2 Billion as a result of customers (as calculated by the Ponemon Institute) canceling their current credit cards and having new ones issued. If card numbers have in fact been stolen, customers have no choice but to take this precaution at Sony’s expense.
Sony will have their day in court but no one will be going to jail…
– deBanked
Our Related Articles:
5/9/11 Sony Security Breach Reaches Our Doorstep
Two Additional Direct Funders Added
August 23, 2011
Two direct providers of Merchant Cash Advance have been added to the directory. They are:
- Empire Merchant Advance
- Genesis Capital Enterprises
That brings the total to 29.
Mega Banks Enter Alternative Payments Market
August 23, 2011
The banks are losing the fight against the Durbin Amendment but don’t count them out yet. The threat of billions dollars losses from interchange fees revenue has inspired them to innovate. So much so that alternative payment processors such as PayPal will soon face the wrath of a sleeping giant.
Bank of America, JP Morgan and Wells Fargo have teamed up to form clearXchange, a payment system for simple bank to bank transfers. In what they have dubbed a ‘coopetition’ (cooperative competition), there’s no new bank or merchant account needed. “PayPal and other systems require you to create an account separate from your bank account to transfer money, this new service will let customers simply log in to their existing bank account and enter the recipient’s name and e-mail address or phone number. The person they’re paying will then instantaneously receive an alert that money is being sent their way.”
And this doesn’t just compete against PayPal, it threatens cash and check payments as well. No longer will you be able to tell your friend that you don’t have any cash on you when they ask for the $20 you owe. D’oh!
Major retailers like Walmart stand to win big as a result of the Durbin Amendment, a triumph that will ultimately come to haunt them. With no interchange fees to earn, banks will get bored of debit cards and eventually phase them out. clearXchange is the new dawn of electronic payments and revenue for the big banks. And guess what? Durbin’s laws aren’t applicable to it. What have we done?
– deBanked
Merchant Processing Resource Will Be Closed for Summer Break
August 23, 2011
deBanked / Merchant Cash Advance Resource will be closed for a summer break through June 21st. We have given our editors and authors some time off. You are still welcome to chat openly in the forums. A moderator will check in from time to time. We would like to thank all of our readers for checking in with us and look forward to sharing more useful and insightful news when we come back.
Happy summer!
– deBanked
We’re Back! – Updates Soon
August 23, 2011Posted on June 21, 2011 at 11:37 PM
We’re back from break and will be rolling out content again as usual. We may need a few days to catch back up though!
– The Resource
Bank Loan Advertisements are nothing but a bait and switch
August 23, 2011
We stay in touch with many people in the financial industry, and not just Merchant Cash Advance. Back in late March we learned that lending was so tight, that credit cards were barely attainable. That was when the unemployment rate was 8.8% and as of May 2011, it’s back up to 9.1%. That was when the economy was expected to grow by 2.9% in 2011 but is now on pace for 2.7%. The point? If it was impossible to get a loan back in March, then how much worse could it get?
An insider shares it can get worse, much worse. Our friend Tim (name changed) is the manager of the small business lending unit of a major national bank. Any loan less than $1 Million dollars is considered to be for small business. Tim’s unit is on track to do more loans this year than last year and none of them are going to retail stores or restaurants. Did we hear that right?
“Retail stores and restaurants are too flakey to give money to.” That wasn’t just his opinion either because that’s actually part of the bank’s underwriting policy. They are completely prohibited from lending to those business types. So we had to ask…
What if they had 25 years in business? Declined.
What if the guarantors had 800 credit? Declined.
What if they had $5 Million in cash reserves in the bank? Declined.
What if…? Declined. Declined. Declined.
There is no criteria that would make them eligible, period. Tim admits that the interest charged on a loan is not profitable by itself anyway so to take any degree of default risk even if it’s small, is not worth it. Instead, they rely on their loan clients to open a business checking account with them, use their merchant processing, and sign up for other services on which they can charge fees and earn income. Their unit has an average turnover time of 3 months from the time the application is submitted to the time the loan is funded.
“We usually get a jump on setting them up with all our services right when they apply for the loan, so we can start earning on them right away,” Tim said. We wondered why they wouldn’t let restaurants and retail stores apply then. “Oh we let them apply for loans… we just don’t tell them they’re declined until after we’ve locked them into other fee generating services. They’re unlikely to pack up and change banks after that so it works out for us.”
There’s a term for this tactic and it’s called a ‘bait and switch.’ There really seem to be no loans for the businesses that need them, an assertion bolstered by the Small Business Administration’s 2011 1st Quarter report. Lending to small businesses has fallen by $15 Billion.
So where’s the money?
There are still alternative sources available, but we’ve yet to find anything that rivals the speed and flexibility of a Merchant Cash Advance (MCA). Too many small businesses hold out the hope that a bank will help them and pass up the opportunity to obtain alternative financing like a MCA. But how many missed opportunities will it take until it’s too late? How many businesses will sign up for checking accounts and expensive merchant processing, only to find out that no loan is coming and all they’ve acquired is an expensive long term contract for no value in exchange.
If you’re a restaurant or retail store, you can research our directory of verified funding providers HERE. Don’t wait for the bank to approve a loan they’re not allowed to approve and instead get what’s most important, the capital to grow.
– The Merchant Cash Advance Resource
Merchant Cash Advance Fraud
August 23, 2011Merchant Cash Advance Fraud
Posted on June 27, 2011 at 11:14 PM
At least two separate Merchant Cash Advance (MCA) financial service firms are the victims of business identity theft, insiders shared. In each case, the alleged scammers operating from outside the U.S. are misrepresenting themselves as being affiliated with specific U.S. MCA firms. This allows them to earn the trust of unsuspecting individuals.
The key difference is that the impostors claim to provide debt consolidation services and personal consumer loans with terms that are too good to be true. Neither product is typically offered by MCA firms. Individuals that fall for the scam are instructed that to receive the loan, they must wire their first few payments as collateral. The bank receiving the wire is reportedly to be located in Canada.
The business identity theft operation is believed to be the work of skilled con artists, not amateurs. If you believe you are the victim of financial fraud, please share your story with us at webmaster@merchantprocessingresource.com
– The Merchant Cash Advance Resource
http://www.merchantcashadvanceresource.com
Debit Card Reform to Be Finalized June 29th
August 23, 2011Posted on June 28, 2011 at 12:14 AM
The Federal Reserve is scheduled to finalize debit card reform on June 29th as dictated in the Durbin Amendment of the Wall Street Reform Act. The rough draft of the legislation that was issued back in December 2010 mandates a 12 cent cap on interchange fees. Interchange is the array of fees paid to the banks that issue the cards every time their cards are used.
Proof Interchange Reform Will Fail
There is some speculation that the Fed may raise the cap to an amount slightly higher than the original 12 cents. Ultimately, banks stand to lose billions of dollars over the next year since the law takes effect on July 21, 2011. We will update you on the outcome.
– deBanked