window was confused.
âSo you approved the loan?â
JW shook his head. âNo. This is where the risk of the reservation we discussed earlier comes into play. It has nothing to do with him, or with race, okay, so forget all that. Whatmatters is Regulation B, which says, and I quote, âThe act and regulation may prohibit a creditor practice that is discriminatory in effect because it has a disproportionately negative impact on a prohibited basis, even though the creditor has no intent to discriminate and the practice appears neutral on its face, unless the creditor practice meets a legitimate business need that cannot reasonably be achieved as well by means that are less disparate in their impact.â Okay? Itâs the âlegitimate business needâ we are talking about. Iâm not trying to discriminate, and Iâm not racist. In fact, I help the Native community. I do outreach; I give them money. But my job is to protect my bankâs assets. I have a legitimate business need to do that, or I canât continue banking. I canât assume someone canât pay, but I can point to the legal problems inherent in lending on an Indian reservation. So I told him, âYour reservation is a domestically dependent sovereign nation, and as such it does not have to recognize certain federal laws with regard to foreclosures.â He immediately objectedââ
JW shot up a strident finger, assuming Eagleâs role again.
âBut I cut him off. âOf course I want to help you! Weâre in the business of making loans, right? Be silly not to. And frankly, weâd be absolutely crazy not to want to do business with a customer with your credit history. But,â I said. âI need you to help me.â âHow can I do that?â he asked. And I said, âVery simple. Very easyâââ
JW held his hands open as he reenacted the encounter. His eyes shone. âAs a condition of the loan, you sign a waiver that prohibits you and your band from using their sovereign status as a shield to avoid legal disputes filed in United States courts. If you default, we have a right to acquire a portion of tribal land. Can I have Sam prepare that for us?â
JW strolled across the seminar room as they contemplated the legal maneuver he had just described.
Jorgenson watched from his place against the wall. JW knew that this is what Jorgenson had invited him to the conference to do. He had told JW he would make sure that every president and vice president from every Capitol Bank Holdings branch in Greater Minnesota was in this room. Jorgenson couldnât say these things himself, not in his position, but he wanted JWâs methods to become wider practice as the chain expanded its holdings in communities near casinos. Reducing the downside was absolutely essential to his expansion plan. And improving the performance of the Greater Minnesota banks overall was the key to his campaign to be named CEO when the Old Man retired. It stood to reason that such a development would also be very good for his old protégé, JW.
âTypically,â JW went on, âthe Native customer will reject this condition for legal or, more often, emotional reasons. As you can understand. These structural legal conflicts are a sad part of our countryâs legacy, something none of us should be satisfied with. We have simply got to do better. But tribes are domestically dependent sovereign nations. They own reservation land collectively, not as individuals, and as bankers itâs neither your fault that it is this way nor your responsibility to fix it. You canât change the legal system or the very unfortunate history of the United States when it comes to the treatment of Native Americans. You are required to work within it, and you have a legitimate business need to protect your customersâ assets to the best of your ability. Now, Iâll look for an answer from a brave