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1
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CONSENT DECREE
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EXTRACTED KEY WORDS
UNITED STATES LOAN AMERICAN INDIAN CONSENT DECREE APPLICANTS CREDIT FAIR HOUSING ACT BLACKPIPE STATE BANK LENDER TRIBAL COURT JURISDICTION LENDING DISCRIMINATION POLICY EQUAL CREDIT OPPORTUNITY CIVIL PRACTICES INDIAN RESERVATION LOAN CRITERIA PLAN COMMUNITY REINVESTMENT ACT OPPORTUNITY ACT COMPLAINTS LOAN CRITERIA REINVESTMENT ACT STATEMENT DELINEATED COMMUNITY MARKETING PLAN FINANCE CHARGES UNITED STATES DISTRICT DEFENDANT BLACKPIPE STATE UNITED STATES ALLEGES |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v
Civil Action Number 93-5115
BLACKPIPE STATE BANK,
Defendant.
__________________________________
CONSENT DECREE
The United States files this Consent Decree to resolve this action
against Defendant Blackpipe State Bank ("Blackpipe" or "the
lender"), alleging violations of the Equal Credit Opportunity Act,
as amended, 15 U.S.C. §§ 1691-1691f, and Title II of the Civil
Rights Act of 1968 (the Fair Housing Act), as amended by the Fair
Housing Amendments Act of 1988, 42 U.S.C. §§ 3601-3619. The
complaint alleges that Blackpipe has engaged in policies and
practices that discriminate against American Indians who are
potential and actual loan applicants.
More specifically, the United States alleges that Blackpipe has for
many years engaged in lending practices that discriminate against
American Indians through its explicit policy of refusing to make
any loans secured by collateral that may be subject to tribal court
jurisdiction. It is alleged that both the Rosebud and Pine Ridge
tribal courts have collection provisions and procedures that are
used by creditors to repossess collateral or otherwise obtain
remedies in the event of a default on a loan that is subject to
tribal court jurisdiction.
The United States further alleges that Blackpipe has required
American Indians to provide collateral which was not required of
white applicants; has rejected American Indian applicants for loans
under circumstances when white applicants would have been accepted;
has charged American Indian recipients of unsecured personal loans
higher interest rates and finance charges than similarly situated
white borrowers of such loans; has employed virtually no American
Indian employees; has delineated its targeted lending area so that
it excludes all of the Pine Ridge and Rosebud reservations; and has
avoided origination of loan products with particular appeal to
SNIPPETS:
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2
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AMENDED COMPLAINT
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EXTRACTED KEY WORDS
AMERICAN INDIAN LOANS BANK CREDIT FAIR HOUSING PRACTICES RESIDENTS DEFENDANT RIGHTS POLICIES DISCRIMINATORY RESERVATIONS UNITED STATES COURT CIVIL RIGHTS BLACKPIPE STATE BANK EQUAL CREDIT OPPORTUNITY LENDING COUNTY PERSONAL LOANS COMMUNITY REINVESTMENT ACT PINE RIDGE ROSEBUD RESERVATIONS APPLICANTS TRIBAL COURT RACE NATIONAL ORIGIN VIOLATION ATTORNEY |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v
Civil Action Number 93-5115
BLACKPIPE STATE BANK,
Defendant.
__________________________________
AMENDED COMPLAINT
The United States of America alleges:
1. This action is brought by the United States to enforce the
provisions of the Equal Credit Opportunity Act, as amended, 15
U.S.C. §§ 1691-1691f, and Title VIII of the of 1966 Civil Rights
Act (Fair Housing Act), as amended by the Fair Housing Amendments
Act Of 1988, 42 U.S.C. §§ 3601-3619.
2. This Court has jurisdiction of this action pursuant to 28 U.S.C.
1345, 42 U.S.C. § 3614, and 15 U.S.C. § 1691(h)
3. Defendant, Blackpipe State Bank, is a federally insured bank doing
business in the State of South Dakota. Its business includes
regularly extending credit, including personal loans and
agricultural and commercial loans. The Bank also extends credit
for home improvement loans and loans to purchase mobile homes
which are "residential real-estate related transactions" as
defined in the Fair Housing Act, 42 U.S.C. § 3605(b)(1).
4. As a federally insured lending institution, Blackpipe State Bank
is subject to federal laws governing fair lending, including the
Equal Credit Opportunity Act, the Fair Housing Act, and the
Community Reinvestment Act of 1977 (12 U.S.C. §§ 2901-2906) The
Community Reinvestment Act, 12 U.S.C. § 2901 et seq., and its
implementing regulations, 12 C.F.R § 354 et seq., require
Defendant to meet the credit needs of the entire community in
which it operates, including the credit needs of low-and moderate
-income areas of the community.
5. As of December 31, 1991, Blackpipe State Bank had approximately
$18 million in assets and approximately $9 million in outstanding
loans. It is located in the city of Martin, in Bennett County,
South Dakota, which is bordered on three sides by American Indian
reservations. It is the only major lender in the county.
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