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:
- 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.
- 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)
- 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).
- 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.
- 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.
- According to the 1950 Census, 46% of the 3206 residents of
Bennett County are American Indian; 94% of the 9902 resident of adjacent
Shannon County, which is entirely located within the Pine Ridge
reservation, are American Indian; and 82% of the 8352 residents
of adjacent Todd County, whose boarders are the same as those of
the Rosebud reservation, are American Indian.
- The Bank has adopted a policy of refusing to make any loans
secured by collateral that may be subject to tribal court, rather
than state or federal court, jurisdiction. This policy precludes
all American Indians on the adjacent Indian reservations from
obtaining secured loans for such items as motor vehicles or farm
equipment from Blackpipe State Bank even if they satisfy all
other lending criteria used by the Bank.
- This policy also precludes all American Indians on the
adjacent Indian reservations from obtaining secured loans for
residential purposes, including to purchase mobile homes and/or
to repair their residences, even if they satisfy all other
lending criteria used by the Bank.
- Both the Rosebud and the 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 jurisdiction.
Blackpipe State Bank would also be able to utilize these
provisions and procedures to obtain appropriate remedies if it
extended secured credit subject to tribal court jurisdiction.
- More than 18,000 American Indians live in Bennett County and
the three surrounding South Dakota counties and constitute more
than 75% of the total population in that area. However, based
upon information provided to the United States by the Bank, as of
April 12, 1993, no more than 171 (33.9%), and no fewer than 114
(22.6%), of the Bank's 504 borrowers are American Indians. The
majority of the American Indian borrowers received loans of less
than $1000.
- Blackpipe State Bank has traditionally offered a variety of
credit products to its customers, including agricultural,
commercial, real estate and personal loans. The majority of the
loans made to American Indians were personal loans, and more than
four-fifths of the personal loans to American Indians were for
less than $1000.
- The Bank has required American Indian applicants for loans,
including those who do not reside on the adjacent reservations,
to provide collateral or meet credit requirements which would not
be required of white applicants. The Bank has also rejected
American Indian applicants for loans under circumstances when
white applicants would have been accepted.
- The Bank has charged American Indian recipients of unsecured
personal loans higher interest rates and finance charges than
similarly situated white borrowers of such loans.
- In addition, the Bank has engaged in other practices which
contribute to its lending practices and policies towards American
Indians. The Bank does not have currently any American Indian
employees and has had only one American Indian employee in its
history the Bank has delineated its area so it excludes all of
the Pine Ridge and Rosebud reservations; the Bank does not and
has not marketed its loan products to residents of the Pine Ridge
and Rosebud reservations; the Bank is not an approved lender of
guaranteed loans from the Farmers Home Administration and the
Bureau of Indian Affairs; and the Bank has a policy of refusing
to make home mortgage loans due to its reluctance to make such
loans to American Indians on the Pine Ridge and Rosebud
reservations.
- Defendant's policies and practices as described above
constitute discrimination on the basis of race, color, and/or
national origin with respect to credit transactions in violation
of the Equal Credit Opportunity Act, 15 U.S.C. § 1691(a)(1).
- Defendant's policies and practices as described above
relating to such activities covered by the Fair Housing Act, as
amended, 42 U.S.C. § 3601 et seq., including the extension of
credit for the purchase of mobile homes and for the repair of
residences constitute:
- Discrimination on the basis of race, color, and/or national
origin in making available residential real estate-related
transactions in violation of Section 805 of the Fair Housing Act,
42 U.S.C. § 3605(a);
- Discrimination on the basis of race, color, and/or national
origin in the making unavailable or denial of dwellings to
persons in violation of Section 804(a) of the Fair Housing Act,
42 U.S.C. 3604(a); and
- Discrimination on the basis of race, color, and/or national
origin in the terms, conditions, or privileges of the provision
of services or facilities in connection with the sale or rental
of dwellings, in violation of Section 804(b) of the Fair Housing
Act, 42 U.S.C. § 3604(b).
- Defendant's policies and practices as described above
constitute:
- A pattern or practice of resistance to the full enjoyment of
rights secured by the Equal Credit Opportunity Act, as amended,
U.S.C. §§ 1691-1691f;
- A pattern or practice of resistance to the full enjoyment of
rights secured by Title VIII of the Civil Rights Act of 1966, as
amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§
3601-3619; and
- A denial to a group of persons of rights granted by Title VIII
of the Civil Rights Act of 1966, as amended by the Fair Housing
Amendments Act of 1966, 42 U.S.C. §§ 3601-3619, that raises an
issue of general public importance.
- Persons who have been victims of Defendant's discriminatory
policies and practices as described above are aggrieved
applicants or persons as referenced or defined under the Equal
Credit Opportunity Act and the Fair Housing Act. As a
consequence of Defendant's policies and practices, these persons
have been denied their rights to equal opportunity in housing,
credit, and residential real estate-related transactions. Some
victims also may have experienced other actual, compensable
injuries.
- The discriminatory policies and practices of Defendant as
described herein were, and are, intentional and willful, and have
been implemented with reckless disregard for the rights of
American Indians.
WHEREFORE, the United States prays that the Court enter an ORDER
that:
- Declares that the policies and practices of Defendant
constitute a violation of the Equal Credit opportunity Act, as
amended, 15 U.S.C. §§ 1691-1691f, and Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing Amendments Act
of 1988, 42 U.S.C. §§ 3601-3619;
- Enjoins Defendant, its agents, employees and successors, and
all other persons in active concert or participation with it,
from discriminating on account of race, color, or national origin
in any aspect of their lending activities;
- Requires Defendant to develop and submit to the Court for its
approval a detailed plan that: (a) remedies Defendant's
discriminatory policies and practices; (b) ensures that future
American Indian loan applicants are treated in a
nondiscriminatory manner; and (c) ensures that, in the future,
Defendant will meet the credit needs of the American Indian
population in an appropriately defined Community Reinvestment Act
territory;
- Awards such damages as would fully compensate the victims of
Defendant's discriminatory policies and practices for the
injuries caused by the Defendant;
- Awards punitive damages to the victims of Defendant's
discriminatory policies and practices; and
- Assesses a civil penalty against Defendant, in order to
vindicate the public interest.
The United States further prays for such additional relief as the
interests of justice ray require.
JANET RENO
ATTORNEY GENERAL
JAMES P. TURNER
ACTING ASSISTANT ATTORNEY GENERAL
PAUL F. HANCOCK
Chief, Housing and Civil Enforcement Section
RICHARD J. RITTER
JEFFREY M. SENGER
KENNETH H. ZIMMERMAN
Attorneys, Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5996
(202)514-4713
KAREN SCHREIER
UNITED STATES ATTORNEY
BOB MALNDEL
Assistant U.S. Attorney
226 Federal Building
515 Ninth Street
Rapid City, SD 57701
(605) 342-7822