October 2013 - Pentegra Retirement Services
Transcription
October 2013 - Pentegra Retirement Services
The financial crisis five years later TEXAS BANKING One Industry. One Vision. One Voice. 32 V O LU M E 1 0 2 • N O. 1 0 • O C T O B E R 2 0 1 3 Texas Banking is the official publication of the Texas Bankers Association. F E AT U R E S 8 Today’s evolving cyber crime EDITORIAL OFFICES: 203 West 10th Street, Austin, Texas 78701-2388 512-472-8388 fax 512-473-2560 www.texasbankers.com Three-pronged approach helps banks prevent corporate account takeover 12 How to hire a bank attorney 12 tips for finding, interviewing and selecting the best candidate Olivia Carmichael Solis Editor 14 Lessons in leadership 14 Bankers learn from giving back to their communities COLUMNS 32 Community Banker Spotlight Officiating the industry EXECUTIVE COMMITTEE 5 Message from the President October is National Cyber Security Awareness Month 6 Chairman’s Forum Immigration and demographics 34 Banker to Banker Austin hosts a RIOT 36 Your Advocate The financial crisis five years later 38 Compliance Hotline Complying with the new remittance rule Ignacio Urrabazo Jr. Chairman Katherine Kolstedt Art Director Jocelyn Carby Associate Editor Sarah Van Ert Assistant Editor Jamie Tanner Assistant Editor ADVERTISING OFFICES: BankNews Media P.O. Box 29156, Shawnee Mission, Kansas 66201-9156 800-336-1120 fax 913-261-7010 www.banknews.com John L. Snider Vice Chair Scott Englert National Sales Manager 8 Kenneth L. Burgess Jr. Treasurer D E PA R T M E N T S 18 News & Trends 30 Partner Focus 40 Bank People 12 41 Classifieds 41 Ad Index 42 Banking Bytes Get the latest Texas & Washington news at the TBA website, www.texasbankers.com. 4 Expressed opinions in any signed article of Texas Banking are those of the author and do not necessarily reflect the viewpoint of editors or the Texas Bankers Association on the subject. While this magazine makes reasonable efforts to establish the integrity of advertisers, it does not endorse advertised products or services unless specifically so stated. Texas Banking © 2013, Texas Bankers Association. Articles may not be reproduced or reprinted without the expressed written permission of the Texas Bankers Association. Texas Banking (ISSN 0885-6907) is published monthly by the Texas Bankers Association, 203 W. 10th St., Austin TX 78701-2388. Periodicals Postage Paid at Austin, TX and at additional mailing offices. POSTMASTER: Send address changes to Texas Banking, Texas Bankers Association, 203 W. 10th St., Austin TX 78701-2388. Annual dues of TBA members include $20 for each one-year subscription to Texas Banking. Annual rates for additional subscriptions are $48 for member banks and $96 for non-members. TEXAS BANKING • OCTOBER 2013 Mike Mauldin Immediate Past Chair Matt Reynolds Community Bankers Council Chair Suzanne Ramos Regional Bankers Council Chair Gary W. Claxton Government Relations Council Chair J. Eric T. Sandberg Jr. TBA President/CEO TEXAS BANKERS ASSOCIATION Board of Directors Kenneth L. Burgess, Jr. FirstCapital Bank of Texas, N.A., Midland [email protected] Charlotte M. Rasche Prosperity Bank, Sugar Land [email protected] Danny B. Butler Jefferson Bank, San Antonio [email protected] Mark S. Reiley Icon Bank of Texas, N.A., Houston [email protected] Ronald D. Butler, II First Financial Bank, N.A., Abilene [email protected] Matt Reynolds First Financial Bank, N.A., Cleburne [email protected] Cindy Campbell First National Bank, Southlake [email protected] J. Mark Riebe Texas Bank Financial, Weatherford [email protected] George P. Chaggaris RiverBend Bank, Fort Worth [email protected] Scott Rogers Alliance Bank Central Texas, Waco [email protected] Gary W. Claxton Panola National Bank, Carthage [email protected] Roberto A. Salinas Citizens State Bank, Roma [email protected] Timothy J. Cooper First State Bank, Spearman [email protected] J. Eric T. Sandberg, Jr. Texas Bankers Association, Austin [email protected] Wade C. Donnell The National Bank of Texas at Fort Worth [email protected] Jerry L. Schaffner PlainsCapital Bank, Dallas [email protected] James D. Dreibelbis Woodforest National Bank, The Woodlands [email protected] Robert Sebaugh First State Bank, Livingston [email protected] Robert W. Hoxworth First National Bank Texas, Killeen [email protected] John L. Snider Shelby Savings Bank, SSB, Center [email protected] Jay W. Isaacs FirstCapital Bank of Texas, N.A., Midland [email protected] Kay St. John Branch Banking and Trust Company, Dallas [email protected] Joe Jackson Community Bank of Snyder [email protected] James D. Stein Bank of Houston [email protected] Rodney G. Kroll Texas First State Bank, Waco [email protected] J. Ronnie Sullins The First National Bank of Evant, Gatesville [email protected] Mark Lowery Texas State Bank, Lufkin [email protected] Mike Mauldin First Financial Bank, N.A., Hereford [email protected] Eleanor Millwood Wright Citibank, N.A., Dallas [email protected] Pamela K. Parish, CFP Broadway Bank, San Antonio [email protected] Suzanne Ramos Wells Fargo Bank, N.A., El Paso [email protected] Joseph M. Rankin, III Sage Capital Bank, N.A., Gonzales [email protected] Gary B. Taylor Lindale State Bank [email protected] William (Bill) Helms BBVA Compass Bancshares, Inc., Houston [email protected] Ignacio Urrabazo, Jr. Commerce Bank, Laredo [email protected] Steve C. Wiggs Huntington State Bank, Lufkin [email protected] Roland L. Williams Post Oak Bank, N.A., Houston [email protected] MESSAGE FROM THE PRESIDENT October is National Cyber Security Awareness Month By J.Eric T. Sandberg Jr., TBA President & CEO hen the first website went live in 1991 few of us ever imagined the impact the Internet would have in our lives. Today, there are 2.5 billion users worldwide, and banking, among most other industries, has been forever changed as a result. As you know, despite its usefulness, the Internet is not always a friendly place, and the threats of cyber attacks continue to grow. October is National Cyber Security Awareness Month, a collaborative effort between government and industry to ensure that every American has the resources they need to stay safer and more secure online. In Texas, the Texas Bankers Electronic Crimes Task Force was formed by Texas Banking Commissioner Charles Cooper, in cooperation with the Secret Service, to develop recommended practices to mitigate the risks of electronic crimes such as corporate account takeover. The task force has developed a list of 19 recommended processes and controls for reducing the risks of corporate account takeovers. We have posted this document on the TBA website under the “Fraud Prevention” tab. In addition, TBA is committed to increasing the awareness to the membership. This month’s magazine features an informative article by Craig Collins of One Beacon on how to prevent corporate account takeover. Craig also discussed this topic in our weekly radio show, Texas Banking Radio. To keep the subject of banking fraud front and center in our publications, we will be running a weekly “Fraud of the Week” scenario in our Texas Banking Weekly e-newsletter. We continue to offer education events to keep your staff informed of these growing crimes. Early this month we offered a live seminar, “Hands-on Cyber Attacks,” in San Antonio to help bankers learn to proactively prevent attacks, as well as learn about tools and techniques to ensure your systems and networks are secure. In addition, our annual Security & Risk Management Conference, held this year Nov. 6-8 in San Antonio, will also address the different types of cyber fraud. As Craig Collins states in his article, not all fraud attempts can be stopped, but with the proper awareness and diligence, you can have a significant impact. When the Texas Bankers Electronic Crimes Task Force met in September, there wasn’t a banker there who didn’t come away from the meeting without an acute awareness of the seriousness of cyber crime. TBA will continue to find ways to help our members deal with cyber crime issues, with a strong focus on prevention. W Reprints: For reprints of Texas Banking articles, contact BankNews Media at 800-336-1120 or [email protected]. TEXAS BANKING • OCTOBER 2013 5 CHAIRMAN’S FORUM Immigration and demographics By Ignacio Urrabazo, TBA Chairman ongress continues to struggle with the immigration issue. What Congress fails to see is that immigration requires a comprehensive approach: World migration patterns run with economic cycles, and natural demographics play an important part of the problem and solution. The history of the world has been based on migration. The spread of human colonization was based on migrations from hunting to farming to trade and economic opportunities. Western Europe, Asia, the Americas, Africa, India and China were all populated by different groups at different times. All these migrations were based on economic conditions and the search for new opportunities. Land, gold, trade routes, fertile lands, water, etc. were the basis for these expansions. Many governments tried to stop these migrations by building walls such as the Great Wall of China, Mao’s Bamboo Curtain, the Iron Curtain or the Berlin Wall; none of them worked for obvious reasons, and in today’s world, walls continue to fail. In the U.S., we will continue building walls that will also fail. Immigration can be seen from different points of view — social, legal, religious or economic. All of them should be considered. As a banker, I choose to look at it principally from an economic opportunity point of view, not only because of economic growth and job creation, but because we have some serious demographics issues in the United States as well as the rest of the world. Emotions and myths should not play a role on these issues. As bankers, we build our communities, help small business grow and finance the American dream. We do these things because our communities, our businesses and our lives are all based on growth — and we are there to finance that growth. After all, what business model is based on stagnation or decline? Immigration has always been a primary source for growth. As we all know, America is the land of immigrants who we know have added to our strength and value. There is no better example today of a country in decline than Japan. For example, the largest manufacturer of diapers in Japan announced a year ago that for the first time ever, adult diaper sales outpaced baby diaper C “Virtually every major industry in this country is experiencing some kind of worker shortage — energy, manufacturing, hospitality, high tech and lowskilled service jobs. Unfortunately, Congress only looks at the border and builds fences.” 6 TEXAS BANKING • OCTOBER 2013 sales. Also, Japan now offers women $3,500 per year per child until the age of 14 as an incentive to have more children, but to no avail. Japan, once the darling of the engineering world, today outsources half of its engineering work to India and Vietnam because it lacks workers to take those jobs. And it was not too long ago that the Japanese were buying every piece of landmark real estate in New York City and California. Population replacement requires 2.1 children for each female to sustain the population. Japan is at 1.3, and most demographers believe that Japan has passed the tipping point and will never recover. Some demographers have even predicted the demise of the Japanese people — estimating that the last Japanese child will be born in the year 3011 at today’s birth levels. We must remember that Japan has very strict immigration laws, and as an island, it has absolute control. Another example is Russia because its population shrinks every year by hundreds of thousands, and to combat this decline, it has established a new federal holiday — A National Day of Procreation on Sept. 12 — where people have a day off, are encouraged to turn off the lights, close the curtains and do their patriotic duty! But that doesn’t seem to be working either. And in France in just a few short decades, there will be more foreigners in France than native-born French. Similarly, Italy has the same issues and depends on heavy migration from Northern Africa. The entire European continent is facing disaster. The reality is that 97 percent of the world’s population lives in a country with declining fertility. During the Depression, children were a profit center because they were free labor on the family farm, ranch or family-owned business. But today’s children have become a cost center, so we tend to have fewer of them. The U.S. Total Fertility Rate (TFR) has dropped below replacement level of 2.1 and now stands at 1.93. Whites, African-Americans and Asian-Americans are all below replacement level. The fertility rate for Hispanics in the U.S. is at 2.3. Adding to the demographics issue in America, about 82 million baby boomers have see “Chairman’s Forum,” p. 26 Today’s evolving cyber crime 8 TEXAS BANKING • OCTOBER 2013 Three-pronged approach helps banks prevent corporate account takeover By Craig M. Collins I n our digital society, banking is more accessible than it’s ever been. Bank customers can automate monthly bill pay, deposit checks with cellphone cameras, transfer funds through text messages and tweet about the entire process directly from a bank app. Banks can serve millions of customers without a single branch office. Banking has become so easy, customers don’t even have to think about it. Unfortunately, criminals are thinking about it. With more money increasingly changing hands through the Internet, theft through these digital channels is on the rise. One of the more frequent scams today is known as corporate account takeover. According to the Texas Bankers Electronic Crimes Task Force, corporate account takeover happens when thieves manage to gain access to a business’s banking information through “legitimate” channels by stealing user credentials and passwords. The thieves then initiate transfers to other accounts, often held by money mules, who then withdraw the funds or transfer them on to other criminals. Small- to medium-sized businesses are particularly at risk because they carry much larger account balances than individuals and generally have lower-level security in place than large corporations. Compromising the users’ banking credentials is far easier than trying to hack directly into a bank’s secure system. Some of the more popular methods the FBI has seen employed by thieves include: • Sending infected emails containing a Trojan horse virus called Zeus that records keystrokes for passwords and account information. • Planting pop-up advertisements on legitimate websites that install viruses once the user clicks. • Redirecting users away from banking websites and asking them to verify key account information, which criminals can then use to take over the account. Corporate account takeover can happen in all types of business accounts, including churches, hospitals and government entities. Banking customers often assume their banks will reimburse them for any funds missing from their accounts. However, if the account was accessed using the customer’s verified legitimate credentials, is the bank responsible for these missing funds? Depending on the circumstances, liability for these types of thefts can be heavily litigated. The Internet Crime Complaint Center (IC3) published a Fraud Advisory on Corporate Account Takeover. The IC3’s advisory suggests banks take a three-part approach to trying to prevent this type of fraud: protect, detect and respond. PROTECT IC3 encourages banks to “implement processes and controls to protect the financial institution and corporate customers.” These controls can include elements such as verifying bank protocols for transfers, educating bank employees on the threat of fraudulent transfers and encouraging them to follow bank procedures to the letter. For example, if a customer callback is a part of the confirmation process for a transfer, it may be advisable to call the customer as opposed to answering a call from the supposed customer. Many criminals will immediately call the bank to verify the transfer in order to prevent the bank from making the call to the true account owner. Additionally, bank employees should not conduct bank business from their personal computers at TEXAS BANKING • OCTOBER 2013 9 “Email accounts for small businesses are notoriously easy to break into, giving criminals access to all the details and procedures normally used with email transfers.” home or send bank information through personal email accounts. Banks may also want to consider providing tips to the customers themselves or establish requirements for certain customers. For instance, it’s not unusual for a bank to require corporate customers to carry their own crime insurance to have protection in place in the event of certain types of losses. Banks might also consider requiring a certificate of insurance from business customers that demonstrates the proper insurance is in place, much like what is already required for closing on a loan. Email accounts for small businesses are notoriously easy to break into, giving criminals access to all the details and procedures normally used with email transfers. As a result, banks may consider recommending to customers that they designate an individual computer that is used only for account transfers. The use of a dedicated machine may help prevent unauthorized users from engaging in transfers and also potentially help the business provide a secure environment for these transfers by avoiding the malware that can be acquired through email and web browsing. It may seem like an unnecessary expense to designate a computer for this one purpose, but the cost of one machine is far more affordable than the potential cost of a breach or theft. Cash management systems are also susceptible, and with an administrator’s credentials, thieves can gain access to individual accounts and Personally Identifiable Information (PII) across the entire system. For example, one method being employed by cyber criminals is to use the system to add unauthorized ACH payroll accounts. Unauthorized payroll payments can sometimes go unnoticed, so banks might consider recommending to business customers potential caps to the amounts distributed through the payroll. Banks might also consider encouraging business customers to evaluate their overall security procedures and protection options. DETECT There are tools available to banks today to potentially detect thefts in progress. Many of these systems use scoring techniques to attempt to grade the likelihood of a transaction as legitimate or as a potential fraudulent transfer. Banks shouldn’t underestimate the ability of employees to potentially identify in-progress theft as well. For example, if an employee notices that a small company that deals locally is suddenly sending a large transfer to an overseas location, and then seeks to verify the legitimacy of the transaction, he or she might be preventing a possible theft. RESPOND experience drive BKD National Financial Services Group 1180 80 PROFESSIONALS What ar e you pushing towar d? Impr oved shar eholder value? Reduced risk? are toward? Improved shareholder Pursuing these goals is critical to your success. Y ou need guidance. BKD National You Financial Services Gr oup can help. BKD has 180 pr ofessionals dedicated to the Group professionals financial industry y,, so we can of ffer fer personal attention and unders understand the tough industry, offer issues you face. W e invite you to experience how our insights can help you gain We the traction to pull ahead. Debbie Scanlon Doug V Van a an Meter [email protected] /// 713.499.4600 [email protected] /// 405.606.2580 Jon McDowell [email protected] /// 210.341.9400 Fraudulent transfers should be responded to in a matter of minutes, not hours, warns IC3. The sooner banks respond, the greater the chance of recovering a customer’s money. The IC3 website offers suggestions for reacting to a fraudulent transfer, which include verifying that the transaction is in fact fraudulent, attempting to reverse the transaction and reporting the theft to the proper authorities. While some attempted fraudulent transfers can be stopped or reversed, losses due to corporate account takeover are in the hundreds of millions of dollars each year. Banks can’t prevent all fraud attempts, but diligence is invaluable. As with many forms of fraud, the criminals will evolve with the prevention techniques. Work to keep your employees educated and alert. Craig M. Collins is the president of Financial Services for OneBeacon Professional Insurance. He has more than 20 years of experience in the financial institution industry. He can be reached at [email protected]. 10 TEXAS BANKING • OCTOBER 2013 How to hire a bank attorney 12 tips for finding, interviewing and selecting the best candidate By Pat Huttenbach Hiring the best attorney to provide specialized services when you need them is a crucial decision every bank makes at one time or another. Unfortunately, the process requires extensive research. Banks that use fees as the primary criteria for selecting counsel risk paying much more in loss of reputation or in settlements, damages and court costs. Although the list of traits to look for is exhaustive, it’s important to take the time to find an 12 attorney who provides good value, has experience in banking law and will bend over backwards to help solve the bank’s problems. There are many factors to consider in making the decision. Circumstances may dictate the need for a local or an out-of-state attorney. Specific legal needs may require attorneys who specialize in these areas. Do you find a big firm or a small firm? In general, however, there are 12 tips that every bank should consider when hiring an attorney: 1. Look for a lawyer when you do not need a lawyer. 2. Experience counts. Many times, a lawsuit will get filed and served or a transaction will arise, and a bank will need a lawyer rather quickly. Most businesses do not want to make important decisions in a rushed and/or stressed environment. Consequently, one suggestion is that you look for a lawyer for future needs. Yes, most bankers are already too busy, and this is easier said than done. You never know when a legal issue will arise, however, and you may need to find a lawyer fast. You may not get the best lawyer for your bank if you have to make a rushed decision. There are quite a few lawyers who state that they have “represented banks in the past.” Look for a lawyer who currently represents banks and has done so for an extended period of time. I have met quite a few lawyers who have represented banks at one time or another over the last 10, 15 and/or 20 years. Many lawyers state that they represent banks even if they’ve only represented a bank or two at some point in the past. TEXAS BANKING • OCTOBER 2013 3. Ask up front about billing arrangements. Lawyers, just like doctors, advisers, accountants and/or any other service professionals, have different qualities of service. Some charge hourly rates and others have alternative fee arrangements. Is there a retainer? Is any retainer refundable? Rather than just get the “best” and/or most experienced lawyer, find a very good lawyer who has a reasonable rate that adds value to your bank. For example, you do not want the lawyer to learn how to handle a new type of lawsuit and/or learn how to draft new types of documents. You want a lawyer who already has forms, so you are not paying that lawyer to learn on your case. 11. Interview three to five lawyers, and pick two to three. 7. For specific legal matters, ask for the strategy up front. You want to make certain that both you and the lawyer agree on the best way to proceed. Do you try for a quick settlement in a lawsuit or do you begin aggressively defending the matter? Both you and the lawyer need to be in agreement on initial strategies, as these issues will determine the overall cost of the matter. 8. Conduct an interview with the lawyer. 4. Ask about what clients the lawyer currently services. It is perfectly acceptable to ask the lawyer for names and telephone numbers of his current clients that you can call and see how that lawyer is doing. If the lawyer does not give out that information, you may want to look for a different lawyer. 5. When searching for a lawyer, speak to the lawyer, and determine if he or she talks at you and/or listens to you. Do not just go to a website and/or ask for references. See how the lawyer communicates with you, because the lawyer you choose will be communicating with you in the future if you decide to hire him. As with any relationship, communication matters. 6. Good lawyers should not charge you for the quick, easy questions. A part of any good long-term relationship is that a lawyer should not charge you for every single question raised. A good lawyer knows many answers to specific legal questions. If the lawyer can provide a quick answer, he should not always charge you for doing so. Understand that if a lawyer does need to research a slight twist on a legal issue he or she may need to bill you for doing so. Ask questions that concern you. Make sure you get answers. Tell the attorney what keeps you up at night, and ask how the lawyer can assist you in addressing same. It is always good to have more than one lawyer represent you in various different matters. If you only have one lawyer, there is always a chance that when a lawyer is needed, he or she may have a conflict and be unable to represent you with regard to a specific matter. Many lawyers who are with big law firms are conflicted out of many matters since so many lawyers at those firms represent so many clients. As mentioned above, it is good to try to find lawyers when you do not need lawyers. Then, you will be more prepared when you do need a lawyer for a specific legal problem. Many lawsuits in the State of Texas require that an answer be filed the following Monday after 20 days of service. 12. Find a lawyer who understands your business and your specific legal needs. 9. Ask how the lawyer will charge you for other expenses. Ask whether or not clerical assistants will be charged, and how travel expenses will be handled. Also ask if there are associates who can do the work on a cheaper basis. Ask for paralegal rates. Ask for any other charges that might be incurred. You do not want any surprises. 10. Discuss overall goals for the legal matter. Does the lawyer ask what you ultimately want to obtain out of the engagement? A lawyer should ask his clients, “If I could wave a magic wand and get you the result you want, what would it be?” This way the lawyer has a clear understanding of what the client wants him to do. The lawyer should also inform the client that there are no guarantees. Even with the best lawyer, the result cannot be absolutely guaranteed by any lawyer. If a lawyer does not understand your bank’s specific legal needs, part of the interview with the lawyer should be explaining what is needed and when. Many banks can handle routine legal matters themselves or they may have internal legal counsel that can handle various matters. However, if your bank has specific legal needs, such as handling garnishments or UCC litigation or collecting amounts due and owing, please make certain the lawyer is a “bank lawyer” who can handle such specific legal needs. There are a lot of excellent lawyers licensed to practice law in the State of Texas, and you can always ask other banks to recommend lawyers that they think are doing a good job for them. William “Pat” Huttenbach is employed by Hirsch & Westheimer in Houston, where he is a litigation attorney concentrating on civil matters. For more information, he can be reached at [email protected]. TEXAS BANKING • OCTOBER 2013 13 TEAM RATTLERS: School supply drive. TEAM COWBOYS: MDP member, Tony Hernandez, donates blood. Lessons in leadership Bankers learn from giving back to their communities By Sarah Van Ert What does it mean to be a good leader? Is it charm and charisma? Experience? Attendees of TBA’s Management Development Program enrolled in the course with fraying nerves, hearing tales of intense sessions that push students to their limits to bring out the leaders within. What they learned surprised them. Leadership can’t be defined. It’s a quality that can be honed and shaped, but never perfected. It’s illusive, yet desired by all. MDP attendees buckled themselves in for ropes courses, performed seemingly strange team-building activities and were 14 TEXAS BANKING • OCTOBER 2013 instructed to go out and change the world, all before completing the yearlong course. More specifically, teams of bankers were instructed to go start a charitable outreach project to benefit their respective communities. MDP’s Class VI was divided into four groups of bankers: Team Rattlers, Team Cowboys, Team Pink Mongoose and Team Bacon. Each group was to come up with the project, present it for approval and execute it within the specified time frame. With a purposeful lack of direction, these teams of bankers scrambled to agree on a project and get started. TEAM PINK MONGOOSE: Melanie Horton helps with Food for Friends. TEAM BACON: Titus County Sheriff Tim Ingram [pictured behind bars] receives some consoling after being dunked by American National Bank Senior Vice President Ernie McAnally. Supplying schoolchildren “When we were given the assignment to give back to the community, [Team Rattlers] knew we wanted to do something to give back to children,” says Norma Elizalde, vice president of the loan department at First Community Bank in Corpus Christi. “We decided to conduct a school supply drive and fundraiser to benefit local kids who were returning to school.” In addition to Elizalde, the team consisted of Francis Spruiell of Austin Bank, Texas N.A. in Nacogdoches; Josh Avant of Sage Capital Bank in Lockhart; Kenneth Burgess III of FirstCapital Bank of Texas, N.A. in Midland; Jeff Rhea of Guadalupe National Bank in Kerrville; and Marvin Walters of Ridglea Bank in Fort Worth. To achieve their goals, team members utilized the Girls and Boys Club, or in Elizalde’s case, the United Way, to use existing, proven systems. Spruiell conducted a “Day of Caring” at the Boys and Girls Club of Nacogdoches and recruited 10 NFL and NBA players, including basketball Hall-of-Famer Moses Malone, to attend the event. “The focus of the event was on higher education, and the kids were so excited and motivated since they idolize professional athletes,” says Elizalde. “[Spruiell] knew the athletes were in town for a golf tournament, and decided to ask for their participation, never thinking she would get a large number to attend. We learned that it never hurts to ask!” Additionally, Team Rattlers wanted to personally give back to the school supply drive. Burgess, Walters and Avant decided to split up a triathlon and raised money in order to compete and donate to the cause. Besides completing a grueling triathlon, Team Rattlers conducted a successful school supplies drive, raising a total of $2,666.26 and 10 boxes of school supplies. “What surprised me is how much people will give and care about your mission if you just take the time to educate them,” says Elizalde. Lending Life The dedicated Team Cowboys was composed of Jodi Dickau of Community Bank & Trust in Waco; Matt Brown of Guaranty Bond Bank, N.A. in Commerce; Tony Hernandez of Amistad Bank in Del Rio; Jonathan Kamenicky of Citizens National Bank in Taylor; Todd Price of First State Bank in Mesquite; and Haskell Strange of Mineola Community Bank, S.S.B. In light of the recent tragedies around Texas, including the explosion in West and a tornado in Granbury, Team Cowboys wanted to give back to their fellow Texans in need. “We felt called to do something to help our neighbors in a way we hadn’t done before,” says Dickau. “We learned about the lasting benefits giving blood has, and saw that it’s an easy way to give back that doesn’t cost much money.” The group shared statistics to illustrate the need to their communities, informing people that every two TEXAS BANKING • OCTOBER 2013 15 TEAM RATTLERS: Setting up the school supply fundraiser. TEAM COWBOYS: Promoting the blood drive. seconds, someone in the U.S. needs blood, more than 44,000 blood donations are needed daily and one donation can help save the lives of up to three people. “We knew the need was ongoing, not just in the face of a tragedy, so our decision was easy, and team members contacted local agencies to schedule blood drives in our areas,” says Dickau. The appeal for help was more successful than these bankers could have imagined. “I was not expecting the response that I got,” says Dickau. “I had so many employees and family members stepping in to help that I didn’t have room for everyone and had to turn people away when the sign-up sheet was full.” During the two weeks the project was conducted, these six banks provided 148 donors. Do the math, and the number of donations potentially saves the lives of up to 444 people. “A lot of people don’t realize that one simple act of kindness can help so many people,” says Dickau. “I’m looking forward to keeping in touch with our team and perhaps continuing to collaborate on a project even after MDP is over.” Horton was also surprised by how eager the community was to give back. “A grocery store supervisor told me that they would like to be more involved in future projects, and next year, would match what the bank spends on groceries,” says Horton. “It’s eye-opening what you can achieve when you ask for help, and the more help you receive, the greater the reach.” “Next year, before school starts, I can see my group running this program again so that families who are struggling financially don’t have to choose between buying school supplies for their kids and putting food on the table,” says Horton. Feeding friends Team Pink Mongoose came up with the idea for a food drive by voting on project ideas team members submitted. “What was great about the program we chose is that it was easy to tweak for all banks to implement in their areas,” says Melanie Horton, vice president and controller at FirstCapital Bank of Texas in Midland. “We all labeled the project as Food for Friends and teamed up with a local grocery store, but each picked a different charity to help.” In addition to Horton, team members included Kelly Garcia of Sonora Bank in Boerne; Kirt Hearne of Horizon Bank, SSB in Salado; Michele Philips of First National Bank in Big Sandy; Dana Phillips, now with FirstCapital Bank of Texas, N.A. in Lubbock; and Robert Slider of First Federal Community Bank in Paris. Horton selected Midland Fair Havens, a nonprofit that helps provide self-sufficient living in residential and nonresidential settings for single mothers and their children. Although she has experience volunteering with United Way, getting a community impact project up and running was outside Horton’s comfort zone. “I’m an accountant and I like to be at my desk surrounded by financials and working with numbers, so to get out there and know it was something I created and oversaw was an amazing feeling,” she says. “It’s a project I would normally be involved in, but never think to be the leader of.” 16 TEXAS BANKING • OCTOBER 2013 Brick by brick Team Bacon also set out to make a difference. Members include Holly Stearman of the First National Bank of Eagle Lake; Jeff Whitfield of Commercial Bank of Texas, N.A. in Nacogdoches; Owen Cheney of Moody National Bank in Galveston; Jess Koy of Austin County State Bank in Bellville; Mark Jackson, formerly with First Financial Bank; and Vikki Goates of the American National Bank of Mount Pleasant. One of the things MDP leaders suggest is finding a project that you’re passionate about and giving it that personal touch. One of Team Bacon’s members lives in Granbury and witnessed firsthand the destruction the recent tornado caused in the area, leveling many homes. “We found out that many of those homes that were destroyed were Habitat homes, and we got the idea to give back to our local chapters and raise money for Granbury’s rebuilding efforts,” says Stearman. “I received initial feedback that it would be difficult to raise money or have a strong buy in, so I was pleasantly surprised to see my bank, church and youth group all come together to help the cause.” Their efforts paid off, as the team exceeded its initial goal of $10,000 and raised $15,598.36 plus matching donations of $7,726.43. “Habitat in Granbury was originally slated to do two homes, but due in part to our efforts, they now expect to build six this year,” says Stearman. In addition to monetary goals, business relationships were formed in which several companies in Nacogdoches pledged continued support for future homes to be built. Roofing materials, windows and new toilets have already been donated. And Team Bacon isn’t stopping there. “Several of us plan to go on builds, and employees in our banks have expressed an interest in helping out as well,” says Stearman. TEAM PINK MONGOOSE: Nick Carpenter, Kelly Garcia and Patrick Luthen, TEAM BACON: Holly Stearman good naturedly endures a pie in the face. all of Sonora Bank-Boerne, prepare for the food drive. Emerging as leaders In typical MDP fashion, the community projects were both emotionally and physically exhausting, but infinitely rewarding. Although many bankers were already involved in their communities, they learned just how many hours and how much sweat is required to take the initial step. “We are all community banks, so [as bankers] we need to give back to the communities we live in, not just from 8-5 during work, but outside of our jobs as well,” says Elizalde. Not only did the MDP program teach the bankers about dedication and giving back, but it helped shape their career ambitions and leadership styles. “MDP gave me more confidence both at work and out- side of work,” says Dickau. “You learn to step outside your box in this safe environment, and the next step is just transitioning this to the office. The program made me more aware of my personal goals as a leader, as I realized through our sessions that I want to be the leader who sets the example and shows others how a leader should act.” So, what did the bankers learn about leadership? It’s about being a role model, one that others respect and admire. Of course, this may stem from many different reasons and will vary from person to person. Yes, the concept of leadership is still elusive, but we’re getting closer. TBA is currently taking applications for Class VII, which kicks off Feb. 9, 2014. Additional information is available on the TBA website. Charting the course to success Now taking applications for the 2014 class. Visit www.texasbankers.com to download the brochure. “The TBA Management Development Program has been invaluable to several of our staff members to not only enhance bank management skills but also to broaden the vision of the community impact that our bankers and banks can have on our respective communities.” — Jay Isaacs, President of FirstCapital Bank of Texas TEXAS BANKING • OCTOBER 2013 17 NEWS & TRENDS IBC’s Bertha Garza honored by banking publication American Banker selected IBC Bank-Brownsville First Vice President Bertha Garza as the inaugural, sole recipient in the nation to receive the Community Impact Award. This new recognition, to be bestowed annually, was inspired by Garza’s contributions in promoting financial literacy. It is now intended to honor a woman in banking who has effectively brought innovative strategies and personal compassion to her role in making a significant difference in the world around her. “Bertha makes a difference in our community daily and we are proud that American Banker is recognizing her with this national Community Impact Award,” IBC Bank-Brownsville President & CEO Fred Rusteberg said. “We are thankful for her 15 years of service to IBC, her ‘We Do More’ attitude and her commitment to the Brownsville community.” Garza continuously inspires positive change in the Brownsville community through leading a variety of programs that focus on Pentegra celebrates 70 years This summer, Pentegra Retirement Services celebrated its 70th anniversary and unveiled a new logo that ties its three groups together. Pentegra acquired Advanced Pension Solutions in 2012 and Alliance Benefit Group Carolinas in 2011. Pentegra, one of TBA’s endorsed partners, was founded in 1943 by the Federal Home Loan Bank System to offer a retirement program for its employees. While the company still serves financial institutions nationwide, it now manages more than 3,500 retirement plans with more than $7.5 billion in retirement plan assets with clients that include corporations, financial institutions and nonprofit organizations, as well as the advisers who serve them. financial education and leadership development. Some of her greatest achievements include the FDIC Money Smart Program, the Federal Reserve Bank’s Building Wealth Program, Get Smart about Credit, IBC Bank’s proprietary “Money Buzz” and IBC Bank’s Minitropolis program. She also founded the program, “Women, Money & Power” to teach and inspire women to live happier lives while providing a platform that allows them to bond and celebrate their unique stories of leadership. “I am grateful to IBC for giving me the opportunity in 1998 to become part of an organization that places such high value on giving back to our community, and to my family and friends for their abundant love and support,” Garza said. “Giving back to my community is something I feel strongly about and strive to incorporate into my daily life, so I am incredibly honored and thankful to American Banker for the recognition.” Garza joined IBC Bank in 1998 as assistant vice president and main bank branch manager. In 2006, she was promoted to her current role as first vice president, which includes serving as CEO assistant, secretary to the board, marketing director and international banker. Garza will receive her award Oct. 10 at the Waldorf-Astoria Hotel in New York City. PRESENTED BY 2013 Banker Outreach Program November 20, 2013 Hilton Austin Airport • Austin, TX November 22, 2013 Richardson Hyatt Hotel • Richardson, TX Register online at www.texasbankers.com 18 TEXAS BANKING • OCTOBER 2013 NEWS & TRENDS Merger creates one of the largest independent banks in Houston CBFH Inc., the holding company of CommunityBank of Texas, announced the completion of the merger between CommunityBank of Texas and Vista Bank Texas. As of Aug. 23, the bank has been operating under the CommunityBank of Texas name. It is one of the largest independent banks in the greater Houston area with aggregate assets exceeding $2.3 billion. Robert Franklin Jr., co-CEO of CommunityBank of Texas, noted the strategic partnership between the banks is opening doors to greater opportunities for the bank in new commercial markets. “This is truly a merger of equals, a partnership created to provide extensive capital resources to a flourishing marketplace that demands speed and flexibility,” said Franklin. “Both banks are known for a culture of responding quickly to customer needs. This partnership opens up significant new resources for commercial development and lending that we can dedicate to the Houston market and across East Texas.” “This is a new model of community banking that retains every bit of local responsiveness at the branch level, but offers customers financial resources, products and services on par with nationally based financial institutions, in fact better than big banks,” added J. Pat Parsons, chairman and co-CEO of CommunityBank of Texas. MORE THAN 3,000 AUTOMOTIVE LENDERS REDUCE RISK AND OPERATING COST WITH VINtek The Texas DMV initiated a statewide Electronic Lien and Title (ELT) program in November 2009. ELT replaces paper titles with electronic titles and can help automotive financers significantly reduce cost and exposure to loss from fraud by: s2EDUCINGPAPERPRINTINGMAILINGANDSTORAGECOSTS s$ECREASINGTHETIMESPENTHANDLINGCORRECTINGAND retrieving titles s%LIMINATINGTIMESPENTONDUPLICATEANDLOSTTITLES ND D E KERS ASSO AN TION CIA TEXAS B VINtek has been chosen by the TBA as its Endorsed Partner to supply ELT to TBA member institutions. ORSE &ORMOREINFORMATIONCONTACT2OBERT#HRISTINIAT (215) 599-2435 or [email protected] 20 TEXAS BANKING • OCTOBER 2013 “A community bank of our size is becoming more of a rarity in the banking world. But our independence and size is exactly what allows us to serve mid-market businesses and industries with expanded resources and less red tape. No one else in the market is doing this, and it’s what has enabled us to grow so aggressively in the six years since we opened our doors.” Gov. Perry reappoints Dale Brock Gov. Rick Perry has reappointed three members to the Texas Commission on the Arts, including Dale Brock, senior vice president of OmniAmerican Bank in Fort Worth. The commission encourages appreciation for fine arts in Texas and acts in an advisory capacity regarding the construction and remodeling of state buildings and works of art. Brock is a member of the Risk Management Association, American Bankers Association, Texas Bankers Association, French-American Chamber of Commerce and Fort Worth Chamber of Commerce. He is a board member of Downtown Fort Worth Initiatives Inc., Downtown Fort Worth Inc. and the Texas Manufacturing Assistance Center Metroplex Regional Advisory Board. He is also a board and executive committee member of the Arts Council of Fort Worth and Tarrant County, a member of the Fort Worth Strategic Action Plan steering committee for Plan 2023 and president of the Fort Worth Downtown Neighborhood Alliance Board of Directors. Brock received a bachelor’s degree from Southern Methodist University and is a graduate of the University of Delaware Stonier Graduate School of Banking. He is reappointed for a term to expire Aug. 31, 2017. NEWS & TRENDS Chairman Larry Uhlick retires from BBVA Compass board BBVA Compass announced recently that Larry Uhlick is retiring as chairman of the board of directors of BBVA Compass and its holding company, BBVA Compass Bancshares Inc. Manolo Sanchez, BBVA Compass president and CEO, took over as chairman upon Uhlick’s departure Sept. 30. Uhlick plans to continue working on policy issues in international banking and financial services. “I’ve been privileged to be a part of an exciting chapter for BBVA Compass,” he said. “And I look forward to using my cumulative knowledge and expertise to assist others in dealing with our complex regulatory system.” Over the course of his career, Uhlick has distinguished himself as an expert in regulatory and legislative affairs. Before his appointment as BBVA Compass chairman, he spent 23 years as the chief executive of the Institute of International Bankers, which represents internationally headquartered banks from 40 countries that operate in the United States. “Larry’s deep understanding of international banking and his keen insight into regulatory issues has been a real benefit to BBVA Compass,” said Sanchez. “He has played a key role in the growth and success of our bank, helping us to effectively navigate the Washington landscape during an important and challenging time for the industry.” Uhlick is a graduate of Adelphi University and holds a master’s degree in political science and a law degree from Syracuse University as well as an advanced master’s, or LL.M., from New York University School of Law. Uhlick also recently served as a member of the TBA Board of Directors. Your source for Texas banking publications TBA online publications • Texas Home Equity Lending Guide • Texas Secured Lending Guide • Texas Real Estate Lending Guide • Texas Account Documentation Manual • Texas Credit Law Guide • Texas Problem Loan Guide • Texas Guide to Record Retention www.thebankstore.com TEXAS BANKING • OCTOBER 2013 21 NEWS & TRENDS Most bank customers pay little or no monthly fees According to a recent survey by the American Bankers Association, most bank customers — 65 percent — spend $3 or less in monthly fees for banking services such as checking account maintenance and ATM access — less than the cost of a gallon of gas. The majority of Americans — 55 percent — continue to pay nothing at all. “Today’s savvy consumers are avoiding many bank fees by taking steps like maintaining a minimum balance and only using ATMs owned by their bank,” said Nessa Feddis, ABA’s senior vice president and deputy chief counsel for Consumer Follow TBA on Twitter @texasbankers and get the latest banking and TBA news. Protection and Payments. “These results prove that most customers responsibly manage their accounts, allowing them free access to a service that ensures their money is safe and available day and night.” The annual survey of 1,000 U.S. adults was conducted for ABA by Ipsos Public Affairs, an independent market research firm, July 11-17. ABA has conducted the survey annually since 1998. When asked “How much do you estimate you spend on fees for banking services each month, such as fees for checking account maintenance, ATM use and so forth?” consumers provided the following responses: • 55 percent said they pay nothing; • 10 percent said $3 or less; • 8 percent said $4 to $6; • 4 percent said $6 to $9; and • 14 percent said $10 or more. The number of persons who pay nothing in bank fees declined slightly in the last year (59 percent reported paying no monthly fees in 2011), due in part to governmentimposed reductions in the fees that merchants pay banks to use the payment system. This is revenue that banks rely upon to help cover the cost of providing checking accounts. Nonetheless, many savvy customers are continuing to prevent themselves from owing fees. “While providing free checking accounts has become more challenging in today’s regulatory environment, a competitive financial marketplace — along with prudent account management from bank customers — means most people still pay nothing for the great service banks provide across multiple convenient channels,” said Feddis. DOES YOUR ACCOUNTANT REALLY SEE YOUR BUSINESS ISSUES? We look deeply into the details of our clients’ accounting. We see where they want to go and we help create a path to get them there. Briggs & Veselka Co. provides accounting solutions and personal attention to growing mid-market, closely held and publicly held businesses and their stakeholders. www.bvccpa.com 22 TEXAS BANKING • OCTOBER 2013 NEWS & TRENDS Prosperity Bancshares to merge with F&M Bancorporation Prosperity Bancshares Inc., the parent company of Prosperity Bank, recently announced the signing of a definitive merger agreement with F&M Bancorporation Inc., the parent holding company of The F&M Bank & Trust Company, headquartered in Tulsa, Okla., whereby Prosperity will acquire FMBC and F&M Bank. Prosperity has completed six merger transactions in the last two years and currently has one transaction pending, which was announced July 1. F&M Bank operates 13 banking offices: 10 in Tulsa and surrounding areas and three in Dallas. As of June 30, FMBC, on a consolidated basis, reported total assets of $2.437 billion, loans of $1.9 billion and deposits of $2.208 billion. Under the terms of the definitive agreement, Prosperity will issue 3,298,246 shares of Prosperity common stock plus $47 million in cash for all outstanding shares of FMBC capital stock, subject to certain conditions and potential adjustments. Anthony Davis, chairman and CEO of FMBC, will serve the combined entity as chairman-Tulsa Area and Turtle Creek Banking Center and will be responsible for the day-to-day oper- TBA calendar of events Oc t o b e r 10-11 Texas Association of Bank Counsel 37th Annual Convention, Austin 25 Advanced Trust Forum, Dallas ations and management of all Tulsa locations and the former F&M Bank Turtle Creek location in Dallas. Eric Davis, president of FMBC, will serve as vice chairman-Tulsa Area and Turtle Creek Banking Center and will have management responsibilities for Prosperity’s Tulsa area and the Turtle Creek location. Jeff Pickryl, president of F&M Bank, will become president-Tulsa Area and Turtle Creek Banking Center, and will be responsible for lending in the Tulsa area and for the lenders at the Turtle Creek location. “I am very excited to be able to announce the merger of F&M Bancorporation Inc. with Prosperity,” stated David Zalman, chairman and CEO of Prosperity. “F&M Bank has a rich background, with over 68 years of banking history in the Tulsa market. Our combined companies, together with our recent merger with Coppermark Bank in Oklahoma City, will have the seventh largest deposit market share in Oklahoma.” The merger has been unanimously approved by the boards of directors of both companies and is expected to close during the first quarter of 2014, although delays may occur. The transaction is subject to certain conditions, including the approval by FMBC’s shareholders and customary regulatory approvals. Operational integration is anticipated to begin during the second quarter of 2014. Texas tailgaters benefit BankPac Payne and Mallory Howard are on their way to a Texas tailgate party before the University of Texas versus Kansas State football game Sept. 21. Payne, whose father, Howell, is a director at Shelby Savings Bank in Center, bought the football package at last year’s TBA BankPac Auction in San Antonio. The tickets were donated by Horizon Bank in Austin; AT&T Center donated the hotel room; and Ty and Celeste Embrey hosted the tailgate party. COMING AvailableSOON! Now! No v e m b e r 8 Texas Bankers Foundation Board of Directors meeting, Austin Trust Risk Issues & Compliance, Houston The most up-to-date officers, directors, financial data*, addresses, phone/fax numbers and other reference information. De c e m b e r 3-6 4 4 5 CEO and Senior Lender Forums, Austin TBA Executive Committee meeting, Austin TBA Bank Leadership Council meeting, Austin TBA Board of Directors meeting, Austin AVAILABLE ONLINE — your gateway to fully searchable information. Visit TexasRedBookOnline.com. *Data current as of June 30, 2013. k Fall 2013 eBoo To order your print edition, call 1-800-336-1120, Ext. 7053 today or go to TexasRedBook.com. iPad 6 Available October 2013 Visit Bankers-eStore.com for your eBook edition!! TEXAS BANKING RED BOOK ONLINE SUBSCRIPTIONS FOR LESS THAN $10 PER MONTH. TEXAS BANKING • OCTOBER 2013 23 NEWS & TRENDS Sen. John Cornyn hosts Texas Dove Hunt TBA staff and members were represented at U.S. Sen. John Cornyn’s Texas Dove Hunt, held Sept. 22-23 at Nooner Ranch in Hondo. The fundraising event included a reception and dinner and afternoon and morning hunts. Shown with Sen. Cornyn are, left to right, Larry Uhlick, BBVA Compass Bancshares Inc., Houston, and TBA’s President and CEO Eric Sandberg and General Counsel John Heasley. Pictured with U.S. Sen. Ted Cruz are, left to right, Sandberg, TBA Member Relations Officer Donny Palmer and Heasley. V Veillon eillon Business C Consulting, onsulting, LL LLC C lev leverages erages m myy 30+ yyears ears of e experience xperience in private private and public financing, financing, to to help star start-ups t-ups and/or e expanding xpanding businesses tha thatt cannot get financing or rrefinancing, efinancing, in these challeng challenging ing ec economic onomic times times.. IIff yyou ou kknow now of businesses in this situa situation, tion, tell tell them to to contact contact Veillon Veillon e Business Consulting. Consulting. V Veillon eillon can pr process ocess an anyy loan siz size e or ttype, ype, in rretail, etail, oil and gas ccompanies, ompanies, assisted assisted living facilities, facilities, nursing homes, homes, farms, farms, truck st stops, ops, manufacturing, manufacturing, and motel/hotel motel/hotel loan financing financing,, or rrefinancing efinancing with w working orking capital capital.. Close ccontacts ontacts with the USDA USDA and sev several eral ccommercial ommercial lending loan programs programs allow allow Veillon Veillon to to provide provide financing tto o businesses tha thatt ma mayy not typically typically rreceive eceive funding other otherwise. wise. ondary market market invesinvesIIn n addition, V Veillon eillon can help lenders maximiz maximize e profit profit potential potential with cconnections onnections tto o sec secondary ttors. ors. Last yyear, earr, it made a nor north th LLouisiana ouisiana bank a USD USDA A 80% guar guaranty anty on a $5M loan, and then sold the seven days. days. Veillon Veillon can guaranty guaranty portion portion ffor or o o over ver $500,000. TThe he bank rreceived eceived its money by by wire wire transfer transffer in seven make lending vvery ery pr profitable ofitable fitable ffor or o yyour our bank bank.. If If you you ha have ve a challeng challenging ing loan rrequest, equest, please ccontact ontact R Randy andy V Veillon. eillon. PO Box 77512 | Baton Rouge, LA 70879 R. Randy Veillon | (225) 384-0760 24 TEXAS BANKING • OCTOBER 2013 For a complete list of services please visit: www.veillonbusinessconsulting.com 137B $ in annual online and mobile transactions We power the virtual banking experience. We connect banks and credit unions to account holders who expect and appreciate the freedom to bank anytime, anywhere on any device. Our comprehensive single platform delivers a unified experience for account holders, streamlines operations and accelerates your growth and retention strategies. Experience the power of one. © 2013, Q2 Software inc., a Q2 holdings company. All rights reserved (512) 275-0072 Q2ebanking.com NEWS & TRENDS Chairman’s Forum continued from page 6 already begun to retire. The problem is that only 67 million people are entering the workforce behind them. I don’t need my calculator to figure out the problem with this equation. Virtually every major industry in this country is experiencing some kind of worker shortage — energy, manufacturing, hospitality, high tech and low-skilled service jobs. Unfortunately, Congress only looks at the border and builds fences. The problem is that Congress resolves issues based on a foundation of myths, paranoia and emotional rhetoric. We bankers don’t make loans that way, so why is Congress making laws that way? Congress has become so obsessed with law enforcement that is has been blind to the GAO Report that stated that in 2012, 51 percent of all Border Patrol and Customs agents would be eligible for retirement. Meanwhile, Congress constantly calls for the doubling of the Border Patrol. But for every one they hire, they are going to lose one to retirement. We are now spending more than $18 billion annually on border protection, which is more money than is spent in all other federal law enforcement combined. I think we may have reached another tipping point. Studies show that the elderly population is expected to double between now and 2030. Meanwhile, one-third of the physician workforce consists of boomers who are retiring, and, according to the American Association of Medical Colleges, the percentage of people per capita going to med school has been declining since 1980. So who is going to take care of the elderly in this country? The bottom line is that you either produce your own human capital or you import it. We are failing to do either. Because of the proximity between the United States and Mexico, we must focus on that vital relationship. In the 1960s, Mexico’s fertility rate was 7.0. That means the average adult female was having 7 children. Today, their fertility rate has dropped to 2.2. No country in the history of the world has seen such a decline in fertility in such a short period of time. Despite this decline, and the cartel violence, Mexico’s economy is booming. Their unemployment rate is 4.5 percent; ours is 7.5 percent. Their GDP is growing at a faster rate than ours; they graduate three times as many engineers per capita as the U.S. does, and now President Peña-Nieto is talking about opening up offshore oil exploration. President Peña-Nieto J.B. Lloyd & Associates Welcomes Fred Eickoff Meet our newest producer and see how he can help your firm get more from its insurance.We sat down with Fred Eickoff—the newest producer at J.B. Lloyd—to give our clients a chance to get to know Fred. Q: What should our clients Q: Tell us a little more know about Fred Eickoff? about your background and training. A: Pretty much, I help financial services companies get the insurance products they need so they can stay focused on their core business. I’ve been at it for 33 years as an underwriter and agent for financial institutions. I really excel in helping banks that are experiencing difficulties obtain the broadest Bank Bond and D&O coverage. A: I worked at USF&G and then at The St. Paul before becoming an agent. I specialize in Financial Institution Bond, D&O, Package, and Mortgage Impairment Insurance. I hold CPCU (Chartered Property and Casualty Underwriter) and AFSB (Associate in Fidelity and Surety Bonding) designations. Before that, Visit J.B. Lloyd & Associates, LLC at www.lloyd-ins.com 26 TEXAS BANKING • OCTOBER 2013 I graduated from Indiana University. Go Hoosiers! Q: How can clients reach you to learn more? A: I’m based in Cape Coral, FL. Feel free to email me ([email protected]) or call me at 239-994-4339. is also passing major educational and social legislation reforms. If we build any more border fencing, it should be to prevent the Mexican nationals here in the U.S. from going home, or our economy will really take a dive. We must remember that Mexico experienced major economic crisis in the mid 80s and early 90s (the lost decades) with high unemployment rates due to many reasons, including oil collapse, trade isolationism, nationalization of the Mexican private banks, devaluations due to government mismanagement, etc. At the same time, the United States was experiencing strong economic growth and declining birth rates coupled with a very weak immigration policy. It should be obvious to everybody what happens when these economic forces meet. As broad changes in the global economy are occurring, Mexico is experiencing unprecedented immigration patterns. According to a recent New York Times article, in 2000 the 492,617 documented foreigners in Mexico nearly doubled to 961,121 in 2010. Between 1995 and 2000, there were 2.94 million Mexicans that migrated to the United States and only 670,000 U.S. citizens that migrated to Mexico. But from 2005-2010, the tables changed. There were 1.37 million Mexican citizens that migrated to the United States while there were 1.39 million U.S. citizens that did the same into Mexico. The net change was 2.27 million to the United States between 1995-2000 and 20,000 net change to Mexico between 2005-2010. The economic patterns have changed. The reason Congress can’t make any headway on immigration is because they talk about it in an emotional space. As bankers, it’s up to us to keep our elected leaders informed and accountable. One way to achieve that is to ensure that we focus on the numbers and not on emotions. We need to look at the road ahead and realize the economic calamity that is coming if we fail to produce or import the workers we need to keep our economic engine humming. Nobody knows numbers like bankers do. So it’s time we engage on this issue through a simple message to Congress. It’s about demographics and economic growth! NEWS & TRENDS PlainsCapital Bank acquires failed Edinburg bank Hilltop Holdings Inc. recently announced that its subsidiary, PlainsCapital Bank, has entered into a purchase and assumption agreement with the FDIC to assume substantially all of the liabilities and purchase substantially all of the assets of Edinburg-based First National Bank. The transaction is structured as a whole bank purchase and assumption agreement with loss share coverage. PlainsCapital Bank assumed all deposits and opened all branches under its name. Based on April 19 balances of First National Bank, PlainsCapital Bank purchased at book value approximately $2.6 billion of assets and assumed approximately $2.4 billion of liabilities. Under the terms of this transaction, PlainsCapital Bank assumed all deposits and did not pay a deposit premium to the FDIC. PlainsCapital Bank bid an asset discount of $260 million. Hilltop Holdings previously has bid on failed banks through FDICassisted transactions, but this is the first successful acquisition. First National Bank’s deposit franchise and expansive branch network allows PlainsCapital Bank to further develop its Texas footprint. This transaction also allows PlainsCapital Bank to enter the Rio Grande Valley, Houston, Corpus Christi, Laredo and El Paso markets, among others. “The First National Bank transaction provides an extension of PlainsCapital Bank’s franchise into new Texas markets and strengthens our franchise in markets that we are already serving,” said Jeremy B. Ford, president and CEO of Hilltop Holdings. Upon completion of the transaction, Hilltop Holdings and PlainsCapital Bank will remain well capitalized. Regulatory approval of the transaction was simultaneous with the announcement. DEALS AS BIG AS TEXAS THIS ANNOUNCEMENT APPEARS AS A MAT TER OF RECORD ONLY. ______________________________________ San Antonio,Texas is Acquiring Commerce Street Holdings, LLC 1445 Ross Avenue, Suite 2700 Dallas,Texas 75202 214.545.6800 Odessa,Texas Commerce Street Capital, LLC is a member of FINRA/SIPC The undersigned acted as f inancial advisor to WNB Bancshares,Inc.– Member FINRA/SIPC TEXAS BANKING • OCTOBER 2013 27 NEWS & TRENDS TBA Professional Development Banking School Webinar - $265 ($530 nonmember) 5-day - $2,300 ($4,600 nonmember) Conference 4-day - $2,100 ($4,200 nonmember) 2-day - $595 ($1,190 nonmember) 3-day - $1,425 ($2,800 nonmember) 2-1/2 day - $625 ($1,250 nonmember) Compliance Update School - $725 ($1,450 nonmember) Management Development Program Professional Development $3,900 (1-year program) Full-day Seminar - $325 ($650 nonmember) Program pricing, dates & locations are subject to Evening Seminar - $145 ($290 change. Banking school fees are based on single occupancy and include housing and meals. nonmember) Shaping the Future of Banking The featured AIB courses are instructor-led online courses and start on the date shown. Course lengths vary from five to 16 weeks and are noted on each course. For full descriptions and a list of self-paced online courses, please visit our website at www.texasbankers.com. October 2013 Principles of Banking 7 16 weeks Introduction to Agricultural Lending TBA Schools & Conferences 7 8 weeks SCHOOLS Internal Audit School CONFERENCES Security & Risk Strategic Opportunities 2013 Management Conference Marketing Financial Services Oct. 7-11, Montgomery Oct. 23-25, New Orleans Nov. 6-8, San Antonio Analyzing Financial Statements C&I Lending Webinar Law and Banking: Principles 28 1:30-3:30 p.m. (Part 1) Nov. 41:30-3:30 p.m. (Part 2) Law and Banking: Applications 7 16 weeks 7 16 weeks Introduction to Lending October 2013 16 Richardson 17 San Antonio 18 Houston Fair Lending for Lenders Webinar 8 1:30-3:30 p.m. Loan Originator Compensation Rules: YearEnd Review Webinar Better Hires & Stellar Performance Webinar 9 1:30-3:30 p.m. (Hire Right) 24 1:30-3:30 p.m. (The Best in the Business) Auditing for Internal Fraud Webinar 18 1:30-3:30 p.m. Lending Compliance Update 10 1:30-3:30 p.m. Competing with the Big Guys: Successful Strategies for Community Banks Webinar Strategic Loan Pricing Webinar 15 1:30-3:30 p.m BSA Staff Training Webinar 16 1:30-3:30 p.m. 30 1:30-3:30 p.m. (Vendor Management) 31 1:30-3:30 p.m. (Exam Hotspots) 17 1:30-3:30 p.m. Commercial Real Estate Loan Documentation Webinar 11 1:30-3:30 p.m. Technology Webinar 21 San Antonio 21 Video Webcast 22 Richardson Working Capital & Asset Based Lending Webinar Directors Certification Program 31- Nov. 2 Richardson November Professional Credit Analyst Webinar 5 1:30-3:30 p.m. 6 1:30-3:30 p.m. 21 1:30-3:30 p.m. Oil & Gas Lending Webinar 22 1:30-3:30 p.m. Lending to Municipalities Webinar 23 1:30-3:30 p.m. Preparing for Your FCRA Exam Webinar 7 1:30-3:30 p.m. (moved from 9/10) Supervisor Boot Camp 7-8 Houston All webinars are Central Time Zone www.texasbankers.com/education 7 16 weeks 15 16 weeks Principles of Banking Accelerated 15 10 weeks General Accounting 16 16 weeks Principles of Banking 21 16 weeks Consumer Lending 21 16 weeks Introduction to Mortgage Lending 28 16 weeks Commercial Lending 28 12 weeks November 2013 Analyzing Financial Statements 4 16 weeks Principles of Banking 4 16 weeks General Accounting 12 16 weeks Money and Banking 12 16 weeks Online Review Course for the CTFA Examination 12 12 weeks Principles of Banking Accelerated 12 10 weeks Managing Interest Rate Risk 12 8 weeks December 2013 Basic Administrative Duties of a Trustee 2 5 weeks Principles of Banking 2 16 weeks 28 TEXAS BANKING • OCTOBER 2013 ND D TEXAS B TION CIA E KERS ASSO AN ORSE PARTNER FOCUS Insperity helps businesses succeed, communities prosper t Insperity, our mission is to help businesses succeed so communities prosper, and our offerings help companies at every stage of growth enjoy greater success and profitability. Insperity has been a trusted adviser to America’s best businesses for more than 27 years, and provides an array of human resources and business solutions designed to help improve business performance. Through our Business Performance Advisors, we offer the most comprehensive suite of products and services available in the marketplace. Insperity Workforce Optimization is our full-service human resources solution that delivers administrative relief, better benefits, reduced liabilities and a systematic way to improve productivity. Workforce Optimization ensures that your day-to-day administrative A needs are met with the highest quality services, from benefits management, payroll processing and employment administration services to the management of your employer liability and government compliance issues. To further drive your success, we support your recruiting and outplacement needs, provide training and development opportunities for your leaders and workforce and help you manage the performance and alignment of your people for maximum effect. Here’s how our HR services can help grow your business: • Lower your costs: Reduce payroll, accounting and benefits costs along with all the other administrative duties that drain your valuable time and attention. • Better benefits: Give your employees access to Fortune 100level benefits to help attract and retain top talent. • Health care reform support: We take on the compliance and complexity around health care reform, shielding you from any potential repercussions. • Reduce your risk: Limit employer-related liability by allowing us to handle government reporting, agency interface, unemployment claims management, and wage claims and audits. • Full HR support: Get a dedicated team of professional HR specialists to help fill in the gaps with day-to-day HR duties as well as employee recruitment, retention and management. To find out how Insperity can help your business run better, grow faster and make more money, visit Insperity.com or call 800-465-3800. Banks join the new-media education movement EverFi Inc., whose financial literacy education platform was recently endorsed by the Texas Bankers Association, is partnering with banks across the state to educate students and communities about personal finance using the tools teens love — digital learning and gaming. EverFi has created an online learning platform to help banks and schools work together to educate young adults on financial literacy. The EverFi curriculum incorporates virtual worlds, gaming, social media and videos to help teach users critical skills, from filing taxes and using credit cards wisely to investing in 401(k)s and financing higher education. EverFi’s investors, who have put the company in a national spotlight, include some of the biggest names in consumer technology: Amazon founder and CEO Jeff Bezos, Twitter founder Evan Williams and Google Chairman Eric Schmidt. “Our platform is something of a blend between Xbox, virtual reality and Facebook, and is designed to arm students with the skill-sets to make smart decisions about their finances,” said Tom Davidson, EverFi For a full list of TBA’s endorsed products and services, visit www.texasbankers.com/tbasco 30 TEXAS BANKING • OCTOBER 2013 CEO. “If we succeed, we can quite literally change the trajectory of the lives of millions of students. It’s important that we do.” EverFi’s unique model brings banking leaders into the education innovation movement by enabling them to license and privatelabel the EverFi learning platform in local schools. EverFi sits in the background. These are your programs, your technology, your brand and your education results in the communities that are important to you. To learn more about bringing the benefits of the EverFi financial literacy platform to your community, contact Tyhler Raye, senior vice president of Business Development, at 202-625-0011 ext. 353 or [email protected] or visit www.everfi.com/sponsors. ND D TEXAS B E KERS ASSO AN TION CIA No Bull. All Business. LOOK FOR THE LOGO ORSE Endorsement is granted by an eight-member TBASCO Board of Directors after thorough evaluation of the products or services, as well as the provider’s corporate structure, operations, financial strength, industry stability and other factors. Vetted and endorsed by the TBASCO Board of Directors ANOVA Financial Corporation High Yield Liquid Deposit Insurance, Wholesale & Treasury Services Burkholder Corporation Group Health, Life, Dental, Vision, Long Term Care, Long & Short Term Disability CSI Managed Services Technology Management Equias Alliance EverFi, Inc. Federal Home Loan Bank of Dallas Executive Benefit & BOLI Consulting Web-based Financial Literacy Programs Letters of Credit; MPF Xtra program [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Harland Clarke Marketing Services, Strategy, Analytics, Creative & Production; Print & Electronic Statements; Survey Services [email protected] Harland Clarke Personal and Business Check Products & Accessories [email protected] Insperity Business Performance Solutions [email protected] Investment Professionals, Inc. (IPI) Non-Deposit Retail Investment Programs [email protected] JB Lloyd & Associates, LLC Lender-Placed Hazard & Flood and Mortgage Impairment/Errors & Omissions [email protected] Pentegra Retirement Services Promontory Interfinancial Network, LLC Q2 Employee & Customer Retirement Plans Certificate of Deposit Account Registry Services (CDARS) Online, Voice and Mobile Banking Senior Housing Crime Prevention Foundation Staples Advantage TIB Capital Markets Vantiv VINtek, Inc. Wolters Kluwer Financial Services Zero-In Media Nursing & Veteran Home CRA Program/Loans & Investments Bank, Office, Janitorial & Breakroom Supplies; Printing & Promotional Products; Furniture Investment Consultation & Sales, Treasury Management, Risk Management Merchant Services; Credit and Debit Cards; Prepaid Cards Electronic Lien and Title Processing Compliance Forms and Software Lobby & Outdoor Digital Signage, Kiosks and On-Hold Messaging & Music [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] For more information about the products or services offered by these endorsed partners, please contact Wanda Stevens at 512-472-8388 or [email protected] TBASCO provides this information as a service to the member banks of the Texas Bankers Association. TBASCO promotes those products and services that it believes to merit consideration by TBA member banks. However, its endorsement is not intended as, and should not be construed as a guarantee of any product or service. The appropriateness of a particular product or service may vary from bank to bank. t h g i l t Spo COMMUNITY BANKER Officiating the industry Ford Sasser, President and CEO, Rio Bank, McAllen rowing up working at his father’s tractor dealership in San Antonio, Ford Sasser, president and CEO of Rio Bank in McAllen, had dreams of becoming a high school football coach. An athlete himself, Sasser set off to Texas A&M University to major in physical education, and, although not on scholarship, he worked out with the football team. He only played one night, against Baylor University, but it was a game he would never forget. “Although I loved the game, I became disenchanted with my PE classes early on because they were teaching me how to teach others and develop lesson plans, when all I was really interested in were Xs and Os on a chalkboard,” says Sasser. “So I decided to stop focusing on athletics and changed my major to agricultural economics, what my father majored in at A&M.” G “Lots of customers just like to come in and bounce ideas off of us. They aren’t always asking for a loan, but for our professional opinion.” Banking playbook With graduation approaching, Sasser looked to the banking industry for a job. His family had moved to Uvalde and his father did business with a local banker, Charles Spangler, so Sasser reached out to set up an interview. “When I told Spangler I was hoping to come work for him, he said that I should start as a bank examiner instead and gave me the contact information of Bill Alderidge, an examiner at the Texas Department of Banking,” says Sasser. “Frankly, I didn’t feel like the interview went very well, and I didn’t hear back, so I accepted a job with the old NBC Bank in San Antonio in their officer training program.” Lo and behold, a week before he was to start at NBC Bank, Sasser received a phone call from Alderidge, who asked him if he was still interested in being a bank examiner. “He told me to get myself to Austin and that they had a bank for me to examine on Monday.” During his four years as a bank examiner, Sasser lived in Austin, Odessa, Amarillo, Dallas, Longview and McAllen. After a year in McAllen, he entered the banking side of the industry, moving to Beeville to work at Commerce National Bank. Six years later, in 1986, one of the banks he used to examine in McAllen called and asked if he would be interested in moving back, so he returned to the Valley. “In 1999, I got a chance to buy a significant ownership interest in what was then Rio National Bank with a group of a few others,” says Sasser. “It was a $30 million bank, with some major problems, so we got the bank recapitalized, and 14 years later, we are up to $220 million in assets. Today, we have a state-chartered bank known as Rio Bank.” Banking on the Rio Ford Sasser, wife Abbie and daughters Emily and Amanda. 32 TEXAS BANKING • OCTOBER 2013 Rio Bank is located in communities along the Mexican border in deep South Texas, with many of the bank’s customers hailing from Mexico. “We have a different culture than the rest of the state,” says Sasser. “I jokingly tell people we are just north of Mexico and just south of the U.S.” Although the bank has expanded from the two original locations to eight, it is still very much a community bank. The bank is more heavily concentrated on the commercial side, but it does have retail customers. “For a mom and pop business, we provide more value than bigger banks,” says Sasser. “Lots of customers just like to come in and bounce ideas off of us. They aren’t always asking for a loan, but for our professional opinion.” Although the bank has taken great strides over the years, the regulatory burden makes banking difficult for community bankers. Sasser reports that the bank isn’t able to provide some of the services it used to, such as in the area of home loans. “The regulations are set up with the assumption that everybody works for somebody and has a W-2 and a 700 credit score or better,” says Sasser. “In the real world, sometimes people have multiple incomes and don’t fit into the box.” “My customers come in and don’t understand the paperwork they are filling out to open a checking account, and I tell them the government doesn’t think they are smart enough to come in and do this without being protected from someone like me,” he says. “I find it insulting that they say I’m dishonest, and customers are offended that they are assumed to be stupid.” However, Sasser believes there will always be a place for community banks in our country if Washington doesn’t run them out. “I tell customers that there are things that those big banks can do for you that I can’t do for you because of my size, but there are things that I can do for you that they can’t because of my size,” he says. Rio Bank encourages employees to be involved in the community, whether it’s with Rotary Clubs, local nonprofits or serving on city government boards. Sasser sets a positive example for his employees, serving his community in numerous capacities. He is currently chairman of the Board of Directors of the McAllen Economic Development Corp., and previously served two terms as a member of the Board of Directors of TBA. Who is your hero? I have many heroes in my life – heroes at my work that inspire me, heroes in my home that encourage me, heroes that are friends who set good examples for me. I’ve been blessed to be surrounded by heroes all my life who have molded my character. What is your favorite book? Of course my answer is the book I recently wrote and was published called, “Why Would Anyone Officiate Football?” Sasser prepares to officiate an arena football game. Perhaps, most notably, Sasser was recently appointed to serve a threeyear term as one of the public members of the State Bar of Texas. The appointment came by virtue of an order of the Supreme Court of Texas upon a recommendation by Gov. Rick Perry. Life outside of banking Sasser and his wife, Abbie, have two daughters, Amanda and Emily. Amanda is finishing up her master’s degree, and Emily works at Rio Bank with her father. In his spare time, Sasser can be found participating in his hobby of 22 years, officiating football games. In fact, he released a book this summer about his football officiating called, “Why Would Anyone Officiate Football?” The book explains why he became an official, tells humorous stories and outlines what officials do to prepare for their jobs on the football field. “My wife isn’t a big football fan, but she would listen to my stories and suggested I consider writing a book,” says Sasser. He reached out to people in the community to help with the endeavor, including a retired English professor who reviewed it and a local author who connected him to a publisher. Within three days of submitting his manuscript, he received a response that it was accepted, and the rest is history. “It’s been fun and has given me a chance to tell my story,” says Sasser. “I still love the game, so if I can’t coach and I’m too old to play, the next best thing is to officiate it!” What is your favorite movie? Any movie that makes me feel good when I am watching. I always enjoy watching the movie “Shenandoah” with Jimmy Stewart. Who was your favorite president? Ronald Reagan. Our country needs another Ronald Reagan now. He knew how to make you feel proud to be an American, and he was a leader. What is your favorite sports team? Being an Aggie, any Texas A&M University team that’s competing. What is your favorite quote? “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly: who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” — Theodore Roosevelt TEXAS BANKING • OCTOBER 2013 33 BANKER TO BANKER Austin hosts a RIOT By Donny Palmer, TBA Member Relations Officer ustin recently hosted the first Conference of the Robbery Investigators of Texas (RIOT) with a three-day series of meetings at the downtown Omni Hotel. More than 175 state, federal and local law enforcement officers heard excellent presentations from some of the most knowledgeable and respected investigators in the nation. TBA joined several banks and private security professionals to sponsor the program. The intense program covered many areas of interest to investigators, including, but not limited to: • Statement and threat analysis • Embezzlement investigations • Robbery training — what to do before, during and after a robbery • Case studies • Workplace violence • Roles and responsibilities of the corporate security officer • Environmental risk assessment • Bandit Shield initiative RIOT is the brainchild of Round Rock Police Detective Shawn Scott, FBI Special Agent Dennis May and Texas Ranger Matt Lindeman. Scott, the president of RIOT, is on loan to the FBI, and partners with May on the Central Texas Violent Crimes Task Force. In addition to working robbery cases, the Task Force provides bank robbery training for financial institutions in the region. The main reason RIOT was formed was to provide an outlet for information sharing regarding robberies and violent crimes in Central Texas. Members are able to log onto the RIOT website and review activities in specific categories, such as banks, jewelry stores, armored cars, retail and pharmacies. Participants can quickly download pertinent A “Maps, incident data and regional/national information filters allow a wide range of research opportunities. I urge bank security and corporate security officers to visit the RIOT website and consider becoming a member.” Welcome new member TBA is proud to welcome this new member to our Texas Banking family: Stockmans Bank Mark Holder, Texas CEO 15455 Dallas Parkway, Suite 960 Addison, TX 75001-9673 Phone: 972-386-9950 www.stockmansbankok.com Represented at the RIOT Conference are, left to right, Austin Police Chief Art Acevedo, FBI Special Agent Dennis May, FBI Special Agent in Charge of the San Antonio Division Armando Fernandez, Round Rock Police Detective and FBI Task Force Officer/ RIOT President Shawn Scott, Round Rock Assistant Police Chief Troy Evans and Major Frank Malinak of Texas Rangers Company F. information regarding the event, including physical descriptions, photos and a narrative of the circumstances that can be used to match similar crimes to allow law enforcement to collaborate to solve crimes. RIOT makes the information accessible via a mobile application so officers can conduct research in the field. Maps, incident data and regional/national information filters allow a wide range of research opportunities. I urge bank security and corporate security officers to visit the RIOT website and consider becoming a member. Another useful tool that RIOT promotes is the Bandit Shield Crime Initiative, which was created in 2012 by the San Antonio Division of the FBI. Bandit Shield is a cooperative program in which financial institutions adopt best practices and other security measures developed to deter robberies. Institutions completing the training post Bandit Shield door decals to warn would-be robbers that the institutions have taken special measures to prevent crimes. The inaugural conference was a huge success, and plans for the 2014 Conference, which is tentatively scheduled for Austin, are already underway. If you have questions about RIOT or Bandit Shield or wish to arrange robbery training for your institution, please contact Shawn Scott at 512-569-0465 or email him at [email protected]. You may also become a member of RIOT by accessing its website at www.robberyinvestigatorsoftexas.org. [email protected] 34 TEXAS BANKING • OCTOBER 2013 YOUR ADVOCATE The financial crisis five years later By John Heasley, TBA General Counsel “No longer can an institution operate like Lehman did five years ago with $30 of debt for every dollar of cash on hand.” 36 he collapse of Lehman Brothers in September 2008 brought about the biggest economic downturn since the 1930s. Hundreds of billions of dollars were spent on GSEs, TARP infusions and subsequent assistance by the Federal Reserve. In July 2010, the Dodd-Frank Act became law. Has our dysfunctional financial system changed much since then? Daniel Gross argues in a recent Newsweek article that while Wall Street banks “remain arrogant, highly leveraged, largely unrepentant and prone to violating regulations” they have begun to act more responsibly. Debt in the financial sector has gone down significantly. No longer can an institution operate like Lehman did five years ago with $30 of debt for every dollar of cash on hand. Some of the demands for increased capital and lessening of debt came from federal regulators, some from Dodd-Frank. According to the Federal Reserve, in 2008 financial sector debt was $17.1 trillion. In 2013, it is now $13.9 trillion, 19 percent less. Expect less leveraging with the recent proposal requiring systemically important entities to have a leverage capital ratio of 5 percent for FDIC-insured subsidiaries and 6 percent for other subs. One of the undesired outcomes of the crisis has been consolidation. The five largest banks and broker dealers constituted 46 percent of GDP in 2007 and now are over 54 percent of GDP. There were 8,534 banks in 2007. There are now 6,940, a drop of 20 percent. The crisis caused 450 bank failures. The remaining losses are due to mergers and acquisitions. T TEXAS BANKING • OCTOBER 2013 The household sector of the economy has also reduced debt. This was inevitable when you consider that hundreds of thousands of homes were purchased in 2006 and 2007 on which no payments were made and billions in credit card debts were written off. The credit card companies wrote off more than $83 billion. Households are now managing their debt better. The credit card delinquency rate is the lowest it has been since 1990. What happened to the $700 billion in TARP funds authorized by Congress in September 2008? Former Treasury Secretary Hank Paulson told Business Week that he continues to believe the program was a success. The $700 billion was paid back with an additional $32 billion for the Treasury. Richard Kovacevich, former head of Wells Fargo, begs to differ. On Sept. 13, he told CNBC that he did not want TARP funds and that TARP caused the crisis to become “much greater.” He noted that the stock market fell by 40 percent after TARP passed and that “the banking industry stocks fell by 80 percent. How can anyone say that TARP increased the confidence level of an industry, when its stock market valuation fell by 80 percent?” Most observers and economists agree with Paulson. What about “Too Big To Fail”? The TBA Board of Directors met at the Dallas Fed Sept. 5 and heard from Fed President Richard Fisher. He quoted a recent New York Times editorial about a large Wall Street bank’s troubles: “The underlying problem is not only this or that violation, but the fact that the sheer size and scope and complexity of the banking behemoths defy controls, encouraging speculation and bad behavior.” Fisher added that the behemoths were also undermining free-market capitalism and nearly bankrupting the United States. A Federal Reserve Bank of Dallas study of the 2007 to 2009 crisis estimates the cost in the range of $15 trillion to $30 trillion. That would be between $50,000 and $120,000 per American household. Fisher believes that the Dodd-Frank Act entrenches TBTF while at the same time burdening community and regional banks with its complexity. Diebold ATM security. Not like a security guard, like a security army. With losses at $1 billion a year, threats to ATM security are increasing and alarming. It’s why Diebold is relentlessly proactive with an entire team dedicated to keeping its customers safe. From ATM security alert e-mails and ATM educational seminars to developing security solutions that combat sophisticated attacks, Diebold delivers a multilayered security approach. It’s another example of Diebold doing more to build the relationships that have inspired us to become security leaders and innovators for more than 150 years. For the entire story, visit www.diebold.com/boldsecurity. 1.800.806.6827 www.diebold.com [email protected] COMPLIANCE HOTLINE Complying with the new remittance rule By Jennifer Kirby, Compliance Specialist, Compliance Alliance “Remittance transfer providers include any person who provides remittance transfers in the ‘normal course of business.’” he remittance rule goes into effect Oct. 28. Does the rule apply to your bank? Do you offer consumers a way to send money abroad? Are the transfers you provide remittance transfers? Are you a remittance transfer provider? If the answer to any of these questions is “no,” then you don’t have to worry about complying with the rule. If the answer to all of these questions is “yes,” you will need to understand and comply with the remittance rule. Are the transfers you provide remittance transfers? Remittance transfers are electronic transfers of funds that are more than $15 requested by consumers in the United States and sent to persons or businesses in foreign countries. These transfers include many types of international transfers, including cash-tocash money transfers, international wire transfers, international ACH transactions and certain prepaid card transfers. To qualify as a remittance transfer, the transfer must be sent by a remittance transfer provider. Also, the rule applies whether or not a consumer in the United States who requests a remittance transfer provider to send a remittance transfer holds an account and whether or not the transfer is an electronic fund transfer as defined in Regulation E. Transactions that are covered include consumer-to-consumer transfers and consumer-to-business transfers. Transfers can be closed-network transfers (e.g., consumer T So far in 2013, Scott Daugherty and staff have responded to more than 4,200 hotline calls. Call Scott to get those compliance questions answered with confidence. 38 TEXAS BANKING • OCTOBER 2013 transfers sent through a money transmitter, including transfers funded by cash) or opennetwork transfers (e.g., consumer-initiated international wire transfers). Business-to-consumer transfers and business-to-business transfers are not covered. Furthermore, the following transactions are not covered: a consumer providing a debit, credit or prepaid card directly to a foreign merchant as payment for goods or services; consumers providing checking account numbers directly to foreign merchants; a merchant-initiated ACH payment request to a consumer’s bank; transfers of $15 or less; and certain transfers in connection with purchase/sale of securities. Are you a remittance transfer provider? Remittance transfer providers include any person who provides remittance transfers in the “normal course of business.” The rule provides a safe harbor to determine whether you provide remittance transfers in the “normal course of business.” If you provided 100 or fewer remittance transfers in the previous calendar year, and you have provided 100 or fewer remittance transfers in the current calendar year, then you will not be considered to be providing remittance transfers in the normal course of your business. All departments that may initiate remittance transfers need to be reviewed as a whole. Departments that may be considered include retail, high-net worth, commercial divisions, prepaid or payroll card services, brokerage, etc. When counting to 100, you need to count all types of remittance transfers covered by the rule together. If you sent 60 international wire transfers and 50 international ACH transactions last year, then you provided more than 100 remittance transfers last year. If you were eligible for the safe harbor but then exceed it in a given year, you have up to six months to come into compliance with the rule. If you are a remittance transfer provider, the next steps are to understand your obligations under the rule. At Compliance Alliance our goal is to provide our members with what they need to understand and comply with the new rules. Please give us a call; we would be more than happy to discuss this with you. Navigate the rules and regulations with ease! , Inc. Compliance tools and resources to ensure your bank experiences smooth sailings ahead. • More than 500 documents • Hotline by phone, email and live chat • Reviews and more! 888-353-3933 www.compliancealliance.com • [email protected] BANK PEOPLE Bill McAnally The Pecos County State Bank Fort Stockton Chris Bezdek CommunityBank of Texas Houston Gary S. Englert CommunityBank of Texas Houston Stan Grisham CommunityBank of Texas Houston Bryan Robinson Texas Bank and Trust Company Longview Fort Stockton The Pecos County State Bank Bill McAnally to vice president. Houston CommunityBank of Texas Chris Bezdek, Gary S. Englert and Stan Grisham to executive vice presidents-market CEOs. Post Oak Bank Karen Templeton to senior vice president in loan operations. Peter Huber to technology systems officer. Longview Texas Bank and Trust Company Bryan Robinson to senior vice president and mortgage origination manager. McKinney Valliance Bank Robert Gottlich to senior vice president of commercial lending. Robert Gottlich Valliance Bank McKinney Announce your employee promotions and new hires here. Doug Dobbins First Financial Bank, N.A. Stephenville Andrew Ozuna Broadway Bank San Antonio Stephenville First Financial Bank, N.A. Doug Dobbins to senior vice president and loan officer. Diana C. Garcia Broadway Bank San Antonio Give your employees credit for their hard work. Your source for Texas banking publications TBA online publications • Texas Home Equity Lending Guide San Antonio Broadway Bank Andrew Ozuna to commercial real estate lender and senior vice president in the Commercial Real Estate Group. Diana C. Garcia to marketing communications services specialist. • Texas Secured Lending Guide • Texas Real Estate Lending Guide • Texas Account Documentation Manual • Texas Credit Law Guide • Texas Problem Loan Guide • Texas Guide to Record Retention www.thebankstore.com )XOO5DQJHRI3URIHVVLRQDO(QYLURQPHQWDO6HUYLFHV 3KDVH,,,(QYLURQPHQWDO6LWH$VVHVVPHQWV$VEHVWRV/HDG0ROG&RPSOLDQFH$XGLWV6WRUPZDWHU&RPSOLDQFH3URSHUW\&RQGLWLRQ5HSRUWV 3KDVH(QJLQHHULQJ¶V3KDVH,UHSRUWVFRPSO\ZLWKWKH(3$¶VHQYLURQPHQWDOVLWHDVVHVVPHQWUHTXLUHPHQWV /HQGHU$SSURYHG/LFHQVHG&HUWL¿HG )RUGHWDLOVRQKRZWKLVFRXOGDIIHFW\RXUWUDQVDFWLRQSOHDVHFDOORUHPDLOXV7RUHTXHVWDSURSRVDOYLVLWZZZH]HVDFRP _ZZZ3KDVH(QJLQHHULQJFRP_0HODQLH#3KDVH(QJLQHHULQJFRP 40 TEXAS BANKING • OCTOBER 2013 CLASSIFIEDS If you would like to place a positionwanted or available ad or an ad to sell or buy new and used bank equipment, call 800-336-1120 ext. 7053, fax 913261-7010 or e-mail kwagner@ banknews.com. The costs for classified ads are $50 for the first 30 words, and $10 for each additional 10 words. Blind box ads are $20 extra. As a bonus, all ads will also appear for two months on the BankNews website (www.BankNews.com). Deadline is the 1st of the month prior to the issue. MODULAR BANK BUILDINGS — Looking to branch? Opening a new charter? Disaster planning? Need a temporary while remodeling? Temporary/permanent modular bank buildings new and used. North American Buildings, 888-800-8866, www.NorthAmericanBuildings.com. city, and the ability to make notes, highlight entries and bookmark pages. To purchase, go to http://Bankers-eStore.com. COMING SOON — 2013 Fall Texas Banking Red Book ($50 plus S&H) with June 30, 2013, financial data. To order, call 800-336-1120, ext. 7053 or order at www.TexasRedBookOnline.com. ONLINE RED BOOK NOW AVAILABLE — Texas Banking Red Book Online brings you all the information from the print version, plus the interactive benefits of online, including searchability by individual name, financial institution, primary and branch locations, or asset size. Plus, information is updated throughout the year — adding the most current information available to the convenience and flexibility of the Web. For more information, go to www.TexasRedBookOnline.com. Texas Banking eBook — The Texas Banking eBook is readable on iPhone/iPad and all other smartphones and tablets with eBook/ePub capability. The eBook contains the same information as the Red Book print edition, plus special interactive features such as phone and website links, searchability by banks and Send your employee promotions and new hires to [email protected]. Index to Advertisers For information on advertising in Texas Banking magazine, please contact Scott Englert at [email protected] Company Name Phone Website Page Baker Donelson 901-526-2000 www.BakerDonelson.com 19 BKD, LLP 800-783-8515 www.bkd.com 10 Briggs and Veselka 713-353-1941 www.bvccpa.com 22 Commerce Street Capital, LLC 214-545-6800 www.commercestreetcapial.com 27 Compliance Alliance 888-353-3933 www.compliancealliance.com 39 Computer Services, Inc. 800-545-4274 www.csiweb.com 44 Diebold 800-806-6827 www.diebold.com 37 202-625-0011 ext. 353 www.everfi.com 29 J.B. Lloyd & Associates 800-964-0360 www.lloyd-ins.com 26 Kansas Bankers Surety 785-228-0000 Pentegra Retirement Services 800-872-3473 www.pentegra.com 3 Phase Engineering, Inc. 800-419-8881 www.phaseengineering.com 40 866-776-6426 ext. 3432 www.promnetwork.com 2 Pulse Network 800-420-2122 www.pulsenetwork.com/pdd-txb 43 Q2 512-275-0072 www.Q2ebanking.com 25 Texas Bankers Insurance Agency 800-318-4142 www.texasbankers.com/insurance 7 TIB Capital Markets 800-374-4842 www.mybankersbank.com 21 Veillon Business Consulting 225-384-0760 www.veillonbusinessconsulting.com 24 VINTek 215-599-2435 www.vintek.com 20 EverFi Promontory Interfinancial Network 35 TEXAS BANKING • OCTOBER 2013 41 BANKING BYTES 50 years ago this month: From the Texas Bankers Record, October 1963 Texas bankers mingle with future president and first lady The Vice President of the United States and Mrs. Johnson gave a reception at their home, 4040 52nd Street, N.W., Washington, D.C., the afternoon of Monday, October 7th, to all Texas bankers and members of their families in attendance at the A.B.A. Convention. Attending the reception were Texans in three groups, staggered from four to seven o’clock. The weather was perfect and the home of the Vice President and Mrs. Johnson was a superb locale for delightful social mingling. The domicile, formerly made famous by Mrs. Pearl Mesta, hostess of many famous parties, was of particular interest to ladies of the Texas group. They delighted in the magnificence of the home, the furnishings, the swimming pool and the landscaping. “Why can’t the top two officials at CFPB answer this simple question: How much data is CFPB collecting and from how many individual consumers?” —Tweet from U.S. Rep. Jeb Hensarling, chairman of the House Committee on Financial Services. “We chose Houston eight years ago as a base for our U.S. operations because like BBVA, it’s hardworking, fast growing and global. A city of the future.” —BBVA Group Chairman and CEO Francisco Gonzalez, in an American Banker article. 42 STATEMENT OF OWNERSHIP STATEMENT OF OWNERSHIP, MANAGEMENT, AND CIRCULATION (Requester Publications Only) 1. Publication Title: Texas Banking. 2. Publication Number: 0885-6907. 3. Filing Date: Sept. 24, 2013. 4. Issue Frequency: Monthly. 5. Number of Issues Published Annually: 12. 6. Annual Subscription Price: $20/$48/$96. 7. Complete Mailing Address of Known Office of Publication: 203 W. 10th St., Austin, Travis County, TX 78701-2388. Contact Person: Olivia Solis. Telephone: 512-472-8388. 8. Complete Mailing Address of Headquarters or General Business Office of Publisher: 203 W. 10th St., Austin, Travis County, TX 78701-2388. 9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor. Publisher: Eric Sandberg, 203 W. 10th St., Austin, TX 78701- 2388. Editor: Olivia Carmichael Solis, 203 W. 10th St., Austin, TX 78701-2388. Managing Editor: none. 10. Owner: Texas Bankers Association, 203 W. 10th St., Austin, TX 78701- 2388. 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None. 13. Publication: Texas Banking. 14. Issue Date for Circulation Data: October 2013. 15. Extent and Nature of Circulation: Members of the Texas Bankers Association. A. Total Number of Copies (Net press run): Average No. Copies Each Issue During Preceding 12 months: 7,610; No. Copies of Single Issue Published Nearest to Filing Date: 7,595; B. Legitimate Paid and/or Requested Distribution (By Mail and Outside the Mail) (1) Individual Paid/Requested Mail Subscriptions Stated on PS Form 3541. (Include direct written request from recipient, telemarketing and Internet requests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser’s proof copies, and exchange copies): Average No. Copies Each Issue During Preceding 12 Months: 7,455; No. Copies of Single Issue Published Nearest to Filing Date: 7,445. (2) In-County Paid/Requested Mail Subscriptions stated on PS Form 3541. (Include direct written request from recipient, telemarketing, and Internet requests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser’s proof copies, and exchange copies: Average No. Copies Each Issue During Preceding 12 months: 0; No. Copies of Single Issue Published Nearest to Filing Date: 0; (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and other Paid or Requested Distribution Outside USPS: Average No. Copies Each Issue During Preceding 12 months: 0; Copies of Single Issue Published Nearest to Filing Date: 0. (4) Requested Copies Distributed by Other Mail Classes Through the USPS (e.g. First-Class Mail): Average No. Copies Each Issue During Preceding 12 Months: 0; No. Copies of Single Issue Published Nearest to filing date: 0. C. Total Paid and/or Requested Circulation (Sum of 15b (1), (2), (3), and (4): Average No. Copies Each Issue During Preceding 12 Months: 7,455; No. Copies of Single Issue Published Nearest to Filing Date: 7,445. D. Nonrequested Distribution (By Mail and Outside the Mail. (1). Outside County Nonrequested Copies Stated on PS Form 3541 (include Sample copies, Requests Over 3 years old, Requests induced by a Premium, Bulk Sales and Requests including Association Requests, Names obtained from Business Directories, Lists, and other sources): Average No. Copies Each Issue During Preceding 12 months: 0; No. Copies of Single Issue Published Nearest to Filing Date: 0. (2). In-County Nonrequested Copies Stated on PS Form 3541 (include Sample copies, Requests Over 3 years old, Requests induced by a Premium, Bulk Sales and Requests including Association Requests, Names obtained from Business Directories, Lists, and other sources): Average No. Copies Each Issue During Preceding 12 Months: 0; No. Copies of Single Issue Published Nearest to Filing Date: 0. (3). Nonrequested Copies Distributed Through the USPS by Other Classes of Mail (e.g. ,First-Class Mail, Nonrequester Copies mailed in excess of 10% Limit mailed at Standard Mail or Package Services Rates); Average No. Copies Each Issue During Preceding 12 Months: 32; No. Copies of Single Issue Published Nearest to Filing Date: 20. (4) Nonrequested Copies Distributed Outside the Mail (include Pickup Stands, Trade Shows, Showrooms and Other Sources): Average No. Copies Each Issue During Preceding 12 Months: 61; No. Copies of Single Issue Published Nearest to Filing Date: 50. E. Total Nonrequested Distribution (Sum of 15d (1), (2), (3) and (4)): Average No. Copies Each Issue During Preceding 12 months: 93; No. Copies of Single Issue Published Nearest to Filing Date: 70. F. Total Distribution (Sum of 15c and e): Average No. Copies Each Issue During Preceding 12 months: 7,548; No. Copies of Single Issue Published Nearest to Filing Date: 7,515. G. Copies Not Distributed: Average No. Copies Each Issue During Preceding 12 months: 62; No. Copies of Single Issue Published Nearest to Filing Date: 80. H. Total (Sum of 15f and g): Average No. Copies Each Issue During Preceding 12 months: 7,610; No. Copies of Single Issue Published Nearest to Filing Date: 7,595. I. Percent Paid and/or Requested Circulation (15c divided by f times 100): Average No. Copies Each Issue During Preceding 12 months: 99%; No. Copies of Single Issue Published Nearest to Filing Date: 99%. 16. Total circulation includes electronic copies. Report circulation on PS Form 3526-x worksheet. 17. Publication of Statement of Ownership for a Requester Publication is required and will be printed in the October 2013 issue of this publication. 18. Signature and Title of Editor, Publisher, Business Manager, or owner. I certify that all the information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties). Olivia Carmichael Solis, Editor. Date; Sept. 24, 2013. TEXAS BANKING • OCTOBER 2013 Bottom Line “It’s the power of information at my fingertips – right now.” ©2013 PULSE At PULSE, we are committed to delivering products and services that help our network participants maximize the value of debit. That commitment is reflected in the PULSE Debit Dashboard®, an analytics reporting tool that delivers easy access to timely information through a unique, intuitive web interface. Ben Benack sees the value this information brings to his organization, “When every department is engaged with reviewing and dissecting insightful data, that’s good for Dollar Bank’s customers, and for our bottom line. It’s refreshing to work with a partner like PULSE that cares enough to be completely accessible.” To learn how the PULSE Debit Dashboard can enable your financial institution to implement, analyze and react to relevant insight, and to watch Mr. Benack’s interview, go to: pulsenetwork.com/pdd-txb