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DannLaw asks Ohio Supreme Court to force Ohio Public Employees Retirement System to release documents related to troublesome investments

Marc Dann

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In a pleading filed on Wednesday, February 14, former Ohio Attorney General Marc Dann has asked the Ohio Supreme Court to order the release of documents related to the Ohio Public Employee Retirement Systems (OPERS) $300,000,000 investment in hedge funds managed by Glouston Capital Partners, LLC. Dann is seeking a Writ of Mandamus from the Court because OPERS and Glouston have repeatedly refused to comply with public records requests submitted by investigative journalist John Damschroder.

The pleading and documents may be viewed by following the links below:

Damschroder, whose interest in the funds was spurred by reports of the high costs and low returns associated with the state’s hedge fund investments, began filing public records requests with OPERS in June of 2018. Pension system officials were slow to comply and the materials they did provide were heavily redacted including those related to Glouston-controlled single-investor funds Ohio Midwest 1, Ohio Midwest II, Ohio Midwest III and Equity Opportunities. Glouston claimed the redactions were justified because they either involved trade secrets or were protected by confidentiality agreements between the firm and OPERS.

Unsatisfied with Glouston’s response, especially because some of the redacted information was posted on the company’s website and there was no evidence that the confidentiality agreements the firm referenced actually existed, Damschroder resubmitted his public records request on November 15, 2018. Neither OPERS nor Glouston has responded.

In the meantime, Damschroder became concerned that corruption had crept into the investment process when he learned that the Securities and Exchange Commission imposed a $100,000 fine on an Ohio fund manager for violations of the SEC’s “pay-to-play” rules. The Commission noted that persons associated with the fund had made campaign contributions of nearly $50,000 to Ohio’s Governor, Treasurer, and candidates for governor. The SEC Order also noted that the Governor and Treasurer were involved in the decision-making process for the investment of Ohio public pension monies.

The unjustified refusal to turn over public documents combined with the existence of possible corruption motivated Damschroder to reach out to former AG Dann. Ironically, both Dann and Damschroder played key roles in unraveling the Coingate scandal that rocked Ohio government in 2005 and 2006. At that time, the Ohio Bureau of Workers’ Compensation refused to release records related to the BWC’s decision to invest more than $50,000,000 in a rare coin fund managed by Republican Party official and major donor Tom Noe.   

Eventually the Ohio Supreme Court ordered the BWC to turn over the documents which revealed a web of corruption that sent Noe to federal prison, cost a number of state employees their jobs, and led to Bob Taft becoming the only governor in Ohio history to plead guilty to crimes while in office. Dann is seeking the Writ of Mandamus on the basis of the Court’s decision in the Coingate case.

Both Dann and Damschroder are concerned about the parallels between the Coingate affair and the Glouston-managed hedge funds—a concern intensified by the fact that Glouston has invested money in Drive Capital, a private equity fund co-founded by Mark Kvamme, a venture capitalist who is close to former Gov. John Kasich. Kasich recruited Kvamme to move from California to run JobsOhio in 2011, a position he left a year later.

“You would have to be blind to miss the similarities between the two situations,” Dann said. “Any time a government agency works this hard to keep secrets you just have to wonder what they have to hide. Maybe it’s nothing, maybe it’s something, but the public has a right to know and we’re going to fight to protect that right.”

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Jose Aguilar lost his home and his family when Wells unjustly denied their application for a mortgage loan modification. DannLaw is helping him fight for justice.

This morning our client, Jose Aguilar was featured on the CBS Morning News. Jose lost his home to foreclosure when Wells Fargo unjustly denied his application for a mortgage loan modification.

This story puts a very real human face on the damage Wells and other banks and mortgage servicers do when they cavalierly and callously abuse borrowers. As you can see, families and lives are often destroyed. Wells’ solution: throw a few bucks at a person like Jose and walk away.

Well, Jose decided the few dollars Wells offered is not just compensation for the destruction of the life he and his family once enjoyed. We are both humbled and proud that he chose to empower DannLaw to help him fight for justice.

This story shows why we do what we do, and why we will never stop fighting for people like Jose…

https://www.cbsnews.com/…/wells-fargo-loan-modification-er…/

Read the transcript of the story below…

Wells Fargo says a computer glitch is partly to blame for an error affecting an estimated 500 customers who lost their homes. The giant bank filed papers with the Securities and Exchange Commission last month, revealing it incorrectly denied 870 loan modification requests. About 60 percent of those homeowners went into foreclosure.

Legislators, housing advocates, regulators and most importantly, the people who lost their homes – people like Jose Aguilar – are asking how this happened.

“It’s been very hard for me. It’s something I wouldn’t wish upon anybody,” Aguilar told CBS News correspondent Anna Werner.

These days, Aguilar can only drive by the home he and his family lost to foreclosure three years ago, the small ranch house in upstate New York where they wanted to raise their children.

“I used to look there and see how many times my kids and I used to run up and down, ride our bikes,” Aguilar said.

He said the problems began when he and his ex-wife found mold in the house. He tried to remediate it himself but fell a few months behind on the mortgage payments. So the couple asked their lender Wells Fargo to modify their loan to lower their monthly payment.

“At first they told me, ‘OK, you know, you might be able to qualify for a loan modification,'” Aguilar said.

But he said then came the delays – weeks, then months – waiting for a decision.

“Then the whole process just started all over again. And then it got to the point we were a year behind,” Aguilar said.

Finally, Wells Fargo turned them down.

“What was your reaction, I mean, after all that time?” Werner asked.

“At that point I just gave up,” Aguilar said.

He and his wife split up. The house went into foreclosure. With the hit to his credit, Aguilar said he found no one would rent to him.

“At that point my son and I had to move to the basement of a friend’s house and we stayed there for three months, and we had nothing. We had a couch and my son had a bed,” Aguilar said, choking up with emotion. “I felt worthless. I felt like I had let my family down.”

Then in September this year, nearly three years later, he got a letter from Wells Fargo. “Dear Jose Aguilar,” it read, “We made a mistake… we’re sorry.” It said the decision on his loan modification was based “on a faulty calculation” and his loan “should have been” approved.

“It’s just like, ‘Are you serious? Are you kidding me?’ Like they destroyed my kids’ life and my life, and now you want me to – ‘We’re sorry?'” Aguilar said.

Wells Fargo now said that “calculation error” on loan modifications affected 870 customers over an eight year period, customers who either were denied loan modifications or “were not offered a modification in cases where they would have otherwise qualified.” About 545 of those customers ultimately lost their homes to foreclosure.

At least some of those people got a check from Wells Fargo along with the letter. In Aguilar’s case, it was for $25,000. But his attorney Marc Dann said that doesn’t begin to cover his total losses.

“So how do you think they came up with the amounts of money that they handed out to people?” Werner asked.

“That’s what we want to find out. We want to find out what went wrong, how it went wrong,” Dann said.

Alys Cohen is with the National Consumer Law Center.

“The question is, how did this happen? Aren’t they supposed to check their computer programs regularly to make sure they’re accurate?” Cohen said. “This is clearly more than just a simple computer mistake.”

Wells Fargo declined to do an on-camera interview. The company could not say how much money it expects to pay out in remediation to customers. But Aguilar said it’s not just about money.

“I want Wells Fargo to know that there’s people out there with feelings and families that try hard to pay their bills and survive. We’re real people, we’re not just money,” Aguilar said.

Wells Fargo said it plans to work with each of those customers to reach a resolution. The bank is also offering no-cost mediation. Meanwhile, non-profit groups and some legislators are pushing for more answers.

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Lodging company data breach exposes hundreds of millions to identity theft, consumer fraud

DannLaw, one of the nation’s leading consumer protection law firms, is urging victims of the massive Starwood data breach to immediately take steps to both protect their personal information and preserve their right to seek financial compensation from the Marriott Corporation, Starwood’s parent company.

Last week Marriott announced that sensitive information belonging to 500,000,000 million people who used the company’s Starwood reservations system has been accessed by cybercriminals. According to the company the hackers copied names, addresses, dates of birth, passport numbers, email addresses, phone numbers, and encrypted credit card information from the Starwood reservation system. The company admits that the perpetrators may be able to overcome the encryption and use the credit card numbers.

“Starwood had a legal, ethical, and moral obligation to protect the information they obtained from consumers,” Atty. Marc Dann said. “The company utterly failed to meet those obligations and now as many as 500 million people are at risk of having their identities stolen and their credit damaged or ruined by cyber criminals. They must be held accountable for their actions.”

Atty. Dann noted that Marriott, like other companies that allowed customers’ personal data to be compromised, waited months to reveal that the reservation system had been hacked. “Even worse, cybersecurity experts agree that the company missed multiple opportunities to detect and/or prevent the breach since it occurred in 2014,” the former Ohio Attorney General said.

Those experts include Andrei Barysevich, a researcher with the security company Recorded Future Inc., who told the Wall Street Journal that a small breach the company suffered in 2015 should have set off alarms. “With all the resources they have, they should have been able to isolate hackers back in 2015,” he said. Instead, hackers mined the company’s reservation system for nearly four years.

“As a result, what could and should have been a minor problem has become one of the largest security failures in history,” Atty. Dann said. “Whether willful or careless, it appears that Marriott violated a number of consumer protection laws, and that means victims may be entitled to substantial compensation.”

Anyone who used the Starwood system to reserve a room at one of the following properties in the past four years may be at risk:

  • Sheraton Hotels & Resorts
  • Four Points by Sheraton
  • Westin Hotels & Resorts,
  • W Hotels
  • Regis, Element Hotels
  • Aloft Hotels,
  • The Luxury Collection,
  • Tribute Portfolio,
  • Le Méridien Hotels & Resorts, and
  • Design Hotels.
  • Starwood-branded timeshare properties

“Anyone who believes their personal or credit card information has been stolen should visit https://answers.kroll.com/, the website Marriott set up to deal with the problem and take advantage of the opportunity to enroll in WebWatcher for free,” Atty. Dann said. “But please, do not agree to any waiver or release the company offers via email, regular mail, or via phone. The last thing a victim of the company’s carelessness should do is surrender their right to hold Marriott accountable at a later date.”

Atty. Dann also urged anyone whose data may have been compromised to arrange a free consultation with the firm’s highly experienced legal team by calling 877-475-8100 or by completing the form that may be accessed at  https://docs.google.com/…/1FAIpQLSfWi22blTFnoe5fLD…/viewform “We will be happy to walk people through the steps they need to take to preserve their rights under the law.”

Finally, Atty. Dann suggested that potential victims take the following steps to protect themselves and their families:

  • Marriott is notifying impacted consumers by email. The email will come from [email protected]. When other companies provided notifications in this manner, cybercriminals sent fake emails asking individuals to provide information about themselves by providing links to fake websites or impersonating someone trusted. The email being sent by Starwood will not contain any attachments or request any information from consumers and links will only take recipients to the breach web site.
  • Check credit reports from Equifax, Experian, and TransUnion and look for any unauthorized entries or accounts.
  • Place a free credit freeze on your files. A credit freeze makes it harder for someone to open a new account in your name.
  • If you decide against a credit freeze, consider placing a fraud alert on your files. A fraud alert warns creditors that you may be an identity theft victim and that they should verify that anyone seeking credit in your name really is you;
  • Change your login information on your Starwood accounts. If you used that same username and password on other sites, change those as well;
  • Consider placing alerts on your financial accounts so your financial institution alerts you when money above a pre-designated amount is withdrawn;
  • Beware of potential phishing emails; don’t open email messages or attachments from unknown senders and do not click on any unknown links. Fraudsters will frequently send coercive and misleading emails threatening account suspension or worse if sensitive information is not provided;
  • Remember, businesses will never ask customers to verify account information via email or phone. If in doubt, contact the business in question directly for verification and to report phishing emails and phone calls; and
  • Be on the lookout for spoofed email address. Spoofed email addresses are those that make minor changes in the domain name, such as changing the letter O to the number zero, or lowercase letter I to the number one. Scrutinize all incoming email addresses to ensure that the sender is truly legitimate.

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Wells FargoWe have the honor of representing three people who lost their homes because they were unjustly denied a loan modification by Wells Fargo.

One of those clients, Jose Aguilar, recently told his story to a reporter from American Banker, a financial industry trade journal:

Jose Aguilar was shocked, but also angry, when he received a letter of apology earlier this fall from Wells Fargo.

Aguilar and his family lost their home in Chittenango, N.Y., in 2015 after trying time and again to get a mortgage modification from Wells. “I was denied, denied, denied, denied, denied, denied,” he recalled.

Now the San Francisco bank was saying that it made a mistake. Aguilar’s application should have been approved.

The 41-year-old father recounted how the foreclosure upended his kids’ lives, who moved to Florida after being uprooted from their home in upstate New York. Aguilar and his ex-wife have two boys, ages 9 and 15. Wells Fargo sent a $25,000 check, an amount that Aguilar saw as inadequate.

“To me, it’s a slap in face,” he said. “It’s not going to repair my life. I mean, my kids have been traumatized.”

The scandal-plagued bank blames a computer glitch. We blame the companies carelessness and unfettered greed. We’re working hard to secure justice–and just compensation–for Mr. Aguilar and his family as well as others whose lives have been devastated by Wells Fargo.

If you or someone you know has been harmed by Wells, contact DannLaw immediately at 216-373-0539 to arrange a free consultation. You may be eligible to receive significant damages from Wells.

The entire American Banker article follows below:

‘I lost my home because of a computer glitch’: Wells’ victims seek answers

By Kevin Wack

Jose Aguilar was shocked, but also angry, when he received a letter of apology earlier this fall from Wells Fargo.

Aguilar and his family lost their home in Chittenango, N.Y., in 2015 after trying time and again to get a mortgage modification from Wells. “I was denied, denied, denied, denied, denied, denied,” he recalled.

Now the San Francisco bank was saying that it made a mistake. Aguilar’s application should have been approved.

The 41-year-old father recounted how the foreclosure upended his kids’ lives, who moved to Florida after being uprooted from their home in upstate New York. Aguilar and his ex-wife have two boys, ages 9 and 15. Wells Fargo sent a $25,000 check, an amount that Aguilar saw as inadequate.

“To me, it’s a slap in face,” he said. “It’s not going to repair my life. I mean, my kids have been traumatized.”

Aguilar is one of hundreds of homeowners that Wells has identified as victims of a calculation error involving foreclosure attorneys’ fees. He took the $1.9 trillion-asset bank to court on Tuesday, filing a petition that aims to compel Wells to disclose additional information that could be used as the basis for an eventual lawsuit.

The mortgage servicing errors add to the list of woes at scandal-plagued Wells. The bank’s critics say the mistakes are emblematic of a company that devotes insufficient resources to back-office operations and then litigates the resulting customer grievances aggressively.

“This is a problem that goes back to the beginning of the Great Recession, and continues to plague customers of Wells Fargo,” said Timothy Blood, a San Diego attorney who filed a class-action lawsuit in 2010 that alleged the bank improperly denied applications for mortgage modifications.

“They seem to constantly be making errors in processing loan modifications. That’s what their job is.”

The class action that Blood brought in 2010 alleged that Wells did not follow through with its obligations under the post-crisis program that used federal taxpayer dollars to pay for mortgage modifications. Seven years later, the case was settled for $750,000 plus attorneys’ fees, which worked out to $65.45 per affected borrower.

In July 2018, Wells disclosed in a securities filing that it had identified a calculation error that affected certain accounts that were in the foreclosure process. The bank said at the time that the problem was corrected in October 2015, and that approximately 625 customers were incorrectly denied loan modifications, of whom roughly 400 lost their homes.

Three months later, Wells Fargo revised its previous disclosure, stating that the errors actually persisted until April 2018. The bank also raised its estimates of the number of customers affected, stating that roughly 870 borrowers were incorrectly denied mortgage modifications, and that foreclosures were completed in approximately 545 of those cases.

In recent weeks, Wells has been sending apology letters to affected borrowers. “We have some difficult news to share,” the letters begin.

The letters state that a payment enclosed will help make up for the borrower’s financial loss, and note that Wells Fargo is reaching out to consumer bureaus to ask that any negative reporting be removed. They also offer mediation at no cost to borrowers who feel the bank’s compensation is inadequate.

Tom Goyda, a Wells Fargo spokesman, declined to provide the range of financial sums that the bank is sending to borrowers, or to provide details about how the bank calculated its offers. The bank said in August that it accrued $8 million for customer remediation, which would amount to an average of less than $13,000 per victim.

“We’re trying to work with each customer to arrive at a solution that addresses their personal situation,” Goyda said.

Goyda noted that affected customers can request mediation even if they cash the checks that Wells sends to them. And if they are unsatisfied with the results of mediation, they have the choice to pursue other legal options, he said.

But the bank’s offers to harmed customers fall short, according to 20 pro-consumer organizations that are writing to the Federal Reserve on Tuesday. In their letter, the organizations argue that Wells should be required to make affected homeowners whole as a condition of lifting the nine-month-old cap on asset growth at the bank.

Organizations that signed the letter include Americans for Financial Reform, Public Citizen, the National Fair Housing Alliance and the Consumer Federation of America.

“Until proper compensation is provided and Wells Fargo demonstrates that it has reformed its systems and practices to prevent problems like this in the future, Wells Fargo’s apologies are hollow and insufficient,” said Linda Jun, senior policy counsel at Americans for Financial Reform.

Some of the borrowers who recently received letters from Wells Fargo are now exploring their legal options. Marc Dann, an Ohio attorney, said that he has three such clients, including Aguilar.

Because the bank’s letters did not include details about what went wrong, Dann recently wrote to Wells Fargo to request additional information about what happened to one of his clients. He cited federal mortgage servicing rules that in certain circumstances require the disclosure of information to borrowers.

A lawyer for Wells Fargo declined the request, stating that the regulation’s requirements are not applicable in situations where the information is being sought more than one year after the mortgage was discharged.

“They’re like a stone wall on this issue,” Dann said.

So Dann has resorted to asking courts to order Wells Fargo to provide additional information prior to the filing of a lawsuit — an unusual step that he says is necessary because he does not know enough to determine which laws may have been violated.

“There’s no question, there’s a wrong that happened here,” Dann said. “The question is, how do we properly litigate it?”

When Goyda, the Wells Fargo spokesman, was asked whether the bank intends to fight efforts by affected borrowers who want to go to court, he said: “I don’t know that there’s one single answer that we could give to that question.”

“It may very well depend on the circumstance, but we would approach each legal action individually,” he added.

Aguilar said in a recent interview that he bought his home outside of Syracuse, N.Y., in 2005. The problems began after the discovery that the house had mold; health concerns prompted the family to move.

Thinking that they might never return, Aguilar fell behind on the mortgage. But the family later decided that the mold could be remediated and moved back in.

Aguilar said he that spent many months trying to get a mortgage modification from Wells, and was repeatedly told that his paperwork had been lost.

Aguilar estimated that houses in Chittenango comparable to the one his family lost are selling today for around $130,000 to $140,000. He said that he owed $92,000 on the mortgage before losing the home.

But it is difficult to put a price tag on a wrongful foreclosure.

“It’s been hard for me. It’s been hard for my kids too,” he said. “I lost my house, I lost my family, all because of a computer glitch.”

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Wells Fargo

DannLaw attorneys representing clients who lost their homes due to a Wells Fargo’s computer “glitch” will ask judges in three states to compel the scandal-laden bank to turn over documents related to the error. The Petitions for Discovery will be filed in Fayette County Court in Kentucky, in Syracuse, New York, and in Hamilton, Ohio.

“We suspected from the moment Wells announced the mistake had been made and concealed for years that they weren’t telling the truth about what happened or how many people were affected,” DannLaw founder and former Ohio Attorney General Marc Dann said. “Those suspicions were confirmed when calls and emails from people who believed they had been victimized by the bank began pouring into our office hours after we posted an item about the incident on our social media platforms.”

Dann’s doubts about Wells’ veracity were further validated on November 7 when the giant bank admitted that a glitch in the software tool it used to calculate loan modifications affected hundreds more homeowners than the firm admitted in August of this year. “Given Wells’ propensity for scamming and cheating consumers, it’s hard to take anything they say at face value,” he said.

Dann noted that his firm is being forced to file the motions for discovery because Wells repeatedly refused to provide information about the mistake that caused hundreds of borrowers, including DannLaw’s clients, to lose their homes to foreclosure. “We filed requests for information under the provisions of the Real Estate Sales Practices Act (RESPA),” he said. “Wells ignored those requests, so our only alternative is to ask state court judges to order the company to comply with the law.”

In the petitions DannLaw says it is seeking information about the problematic mortgage loan underwriting tool, the calculation error that caused hundreds of people to be denied loan modifications for which they qualified, the process used to determine which borrowers would receive settlement offers from the bank, documents related to the application for loan mitigation filed by DannLaw’s clients. The firm also argues that courts need to compel discovery because Wells has refused to agree to preserve relevant documents.

“Quite frankly, given Wells’ track record, we wouldn’t be surprised if the documents we’re seeking disappeared into thin air,” Dann said.

“We’re not engaged in a fishing expedition,” Atty. Brian Flick explained. “The letters our clients received from Wells notifying them that they had been unjustly denied loan modifications makes it clear to us that they have a number of claims against the bank. But we can’t file those claims unless and until Wells provides the information we need to proceed. Both federal and state laws require them to provide that information. They won’t, so we’re doing what we need to do to seek and secure justice for our clients.”

Background

In August of 2018 Wells Fargo disclosed that a “glitch” in its mortgage loan underwriting software caused the company to deny loan modifications to hundreds of borrowers, 400 of whom eventually lost their homes to foreclosure. Although the bank began unjustly denying modifications in 2010, it hid the problem for nearly eight years. On November 7 Wells revealed that hundreds more homeowners had been impacted by the error.

For more information, please contact Atty. Marc Dann at 216-373-0539.

Access a copy of the Petition for Discovery here.

About DannLaw

DannLaw, founded and managed by former Ohio Attorney General Marc Dann, is one of the nation’s leading consumer/mortgage lending/disability rights law firms. DannLaw maintains offices in Cleveland, Columbus, and Cincinnati, Ohio, Chicago, Illinois, and Newark, New Jersey.

Along with helping clients pursue claims under a wide range of consumer and disability rights laws, the firm’s attorneys are among the few in the nation who regularly use the federal Real Estate Sales Practices Act and the Truth in Lending Act to hold mortgage servicers, big banks, debt collectors, and others entities in the financial services industry accountable for abusing, scamming, and cheating borrowers. To date DannLaw has secured millions of dollars in compensation for victims of financial fraud and helped thousands of people save their homes from foreclosure.

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DannLaw attorneys suspect troubled bank has understated number of victims, urges Wells borrowers who received loan modifications between 2010 and 2015 to seek legal advice.

Earlier this year Wells Fargo revealed in an SEC filing that a “software glitch” caused the bank to improperly deny mortgage loan modifications to 625 homeowners between 2010 and 2015. At the time, Wells said it had set aside eight million dollars to compensate borrowers impacted by the mistake, including the 400 families who lost their homes to foreclosure.  Now victims of the incident are receiving checks from Wells. Attorney Marc Dann, founder and managing partner of DannLaw, is urging them to seek legal advice before accepting the money.

“A number of borrowers who received checks from Wells have contacted us to ask if the amount being offered is fair,” Atty. Dann said. “Obviously, families who went through the trauma of losing or almost losing their homes due to Wells’ incompetence deserve more than a few thousand bucks—especially if the company violated federal lending laws and rules. We’ve launched an investigation to determine if that’s true.  No one should cash a check they receive from the company or sign a settlement agreement until our inquiry is complete.”

That investigation is likely to reveal Wells has understated the number of people damaged by the glitch. “Company officials admit 625 borrowers were improperly denied modifications,” Atty. Dann noted. “But that’s only part of the story. The same software error may have caused loan mods that were granted to be miscalculated. As a result, thousands of homeowners may be making payments that are much higher than they should be.”

“Wells has no intention of telling them about the problem, so we’re making a concerted effort to alert anyone whose mortgage was modified by Wells Fargo between 2010 and 2015 that they may have been cheated,” he said noting that borrowers with “conventional” loans owned by Fannie Mae or Freddie Mac comprise the pool of potential victims.

“Talking to those folks will enable us to assess whether and to what extent Wells violated lending laws and regs, including the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA)” Atty. Dann explained. “If we discover the law has been violated, borrowers could receive thousands of dollars in compensation from Wells whether they are a member of the group of 625 homeowners the bank admits to abusing or someone whose loan mod was miscalculated. In either case, we’re able and eager to take legal steps that will hold Wells accountable for its actions and make victims whole.”

Borrowers who receive a compensation/settlement check from Wells, as well as those who received a loan modification from the bank between 2010 and 2015, may call 877-475-8100 to arrange a free consultation with DannLaw.