Early this month, there was a small story in a local paper in upstate
New York about the arrests at a local bar for alleged
sale of drugs, along with a charge against the bartender for �acting
as a loan shark.�
The formal charge for the �loan
shark� is usury and it was jarring to learn that he was charged
with usury for �lending money at an interest rate above 25 percent.�
We�ve become accustomed to busts for selling drugs everywhere, from
inner cities to the smallest rural hamlet, but a charge of usury
is not something that comes along every day.
Usury is generally defined as
the practice of lending money and charging the borrower interest,
especially at an exorbitant or illegally high rate. We�ll ignore
for the time being that most religions have prohibited the charging
of interest, going back in the mists of time.
Mostly, though, religions have
come to accept the levying of some interest on loans, as the practice
of making money without doing any work has become more common in
the modern era.
So, in the Mohawk Valley of
New York, the police are going after the �loan guppies,� while letting
actual loan sharks off the hook, so to speak. What does that mean?
Well, for starters, there are
the credit card companies, which have been charging as much as 29.9
percent to those who have had the misfortune to miss a payment or
have been late in making a payment - even a day or two. Nobody charges
them with usury, even though credit card companies have been allowed
to raise the interest rates of their customers at any time.
Now, there is something called
credit card �reform,� but that reform is much like some other reforms
that have been made in recent years: It looks good on paper, but
in the end, the credit card companies (in many cases, they are banks)
are still in charge. With the new law, they have to notify their
customers of any rate increase, but there is no limit on those increases.
And,
what is not considered part of the usurious practices are the fees
that they can charge for little reason or, in many cases, no reason
at all.
Debit cards are another matter.
Although banks may not charge interest on the use of the debit card,
they have a way of charging fees that serve the same purpose. If
you write a check, there is not usually a per-check charge, but
a fee is charged for each debit card transaction - charged for using
your own money.
These fees for either kind of
card are not interest, but they serve the same function. Since they�re
not interest, the bank can collect $10 or $20 or more several times
a year from each card-holder. Because so many Americans carry such
a large load of credit card debt, most of them don�t even notice
the fees. They just keep making the minimum payment and maybe a
little more.
This kind of behavior by credit
care companies drives up the cost of using a credit card, whether
it�s called interest or something else. By the time all of this
is calculated into the cost of using a credit card, it can be well
into the 30 percent or 40 percent range.
Historians note that the founders
of this nation capped interest rates at 6 percent and usury was
illegal until 1978. This was the time of the �great deregulation.�
Like the trucking and other industries, restraints on financial
institutions became more and more lax. By 2010, there didn�t appear
to be any restraints on usurious behavior. A credit card company
that has two million customers can get themselves tens of millions,
simply by charging a random $10 fee to a few hundred thousand customers
at a time.
There have been few CEOs of
credit card companies arrested on usury charges in recent memory.
One
of the worst examples of usurious behavior is the so-called �payday
loan� business. Instead of cruising the streets in a large car with
tinted windows, these people have opened storefronts to conduct
their business.
Ten percent doesn�t sound like
so much of a burden of interest, unless it is expressed on an annual
basis. Paying 10 percent on a $300 paycheck doesn�t sound excessive,
unless you realize that it may only be for one or two weeks. If
you calculate how much that would be if that amount borrowed over
a year, at that rate, it would come to between 300 percent and 400
percent.
It�s the same for such enterprises
as �rapid refund� on income taxes. These sharks take a chunk of
the refund, to provide a check a few months before it would come
from the IRS. That�s a lot of money, on an annual basis. Forbes.com
reported last February that, in one instance, the interest charged
was 82 percent, figured on an annual basis and, in some instances,
it much more.
There are few reports that these
bottom-feeders have been arrested for usury anywhere in the country.
Rather, the sympathetic authorities make an attempt to �regulate�
this kind of unethical (many would say criminal) behavior.
Payday loan businesses over
many years proliferated around military bases, charging the same
rates of interest, 300-400 percent. Probably only because military
personnel were the ones being made victims of these scam �loans,�
there has been some action. Now, these people are allowed to charge
�only� 36 percent.
But, the same outfits are functioning
in big cities and still charging the same 300-400 percent interest,
on the basis that they provide �a service� to people �who have little
access to credit.� The people continue to pay the price.
None of those business managers
have been arrested for usury. In fact, they are indicative of practices
that occur at the highest levels of the American economy and society,
yet, no one is ever charged with usury. Rather, it�s whatever the
traffic will bear.
Since poor people and people
of little means have no other resources, they continue to use the
services of the �loan� companies - and lose a large percentage of
their income in the process.
It is unclear whether the usury
charge in the recent bar bust was because it was accompanied by
drug charges or whether this signals that law enforcement authorities
in the U.S. are starting a move to shut down usurious
businesses.
If
the latter is the case, we should expect to soon see photos in the
tabloids of �perps� in $1,200 suits and $100 ties being walked in
handcuffs out of the skyscrapers of Wall Street and other locations
for their daily crimes of usury.
If that isn�t the case, we can
expect to see - at least occasionally - a small news report of the
arrest of yet another �loan guppy,� while the sharks slip away.
Not much changes. Regular folks pay, in both commerce and in the
courts, while the rich rake it in from the former, and get a free
pass in the latter. We should try for a little equity, once in a
while.
BlackCommentator.com
Columnist, John Funiciello, is a labor organizer and former union
organizer. His union work started when he became a local president
of The Newspaper Guild in the early 1970s. He was a reporter for
14 years for newspapers in New York State. In addition to labor work, he is
organizing family farmers as they struggle to stay on the land under
enormous pressure from factory food producers and land developers.
Click here
to contact Mr. Funiciello.
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