EXCLUSIVE: Education Department Official Implicated in Widening Student Loan Scandal
"Higher Ed Watch continues to believe that the problem of corruption in America's student loan system stems from excessive taxpayer subsidies going to the student loan banking industry instead of families and needy kids. This problem has to be addressed at its root."
-Michael Dannenberg
New America Foundation
Higher Ed Watch
Higher Ed Watch has learned that a top Education Department official held at least $100,000 worth of stock in a student loan company that may have substantially benefited from its ties to him.
According to a Securities and Exchange Commission (SEC) filing by Education Lending Group (see chart on page 18), the Education Department official, Matteo Fontana, held at least 10,500 shares in Student Loan Xpress as of September 2003. Fontana is currently in charge of overseeing lenders and guarantee agencies that participate in the Federal Family Education Loan Program (FFELP). Mr. Fontana's shares were offered for sale at just under $10 per share in September 2003, according to SEC filings. The extent of his total holdings in September 2003 and today is unknown.
Mr. Fontana, who is a good friend of Student Loan Xpress's president Fabrizio "Breeze" Balestri, joined the Education Department in November 2002 and was put in charge of the National Student Loan Data System (NSLDS), a gigantic computer database that keeps track of the student aid awards of tens of millions of students who have received federal financial aid.
It's unclear whether Mr. Fontana disclosed his stock holdings -- which he held for almost a year while at the Department -- to his superiors at the agency. Mr. Fontana didn't return Higher Ed Watch's calls.
Meanwhile, the Education Department released a statement late on Thursday that didn't address whether Mr. Fontana had made the disclosures. "The Department takes this matter very seriously and our Office of the General Counsel is actively reviewing it," Samara Yudof, a spokesperson for the agency stated.
What is clear is Student Loan Xpress, which started in 2001 primarily as a student loan consolidation company, stood to benefit significantly from having such a close colleague in charge of NSLDS, which includes detailed personal data on individual federal student-loan borrowers.
According to several key sources, civil service employees at the Education Department have long complained that officials in charge of the Federal Student Aid office allowed loan consolidation companies to mine NSLDS records so they could steal away borrowers from the Department's Direct Student Loan Program.
Over the last five years, private lenders have been extremely aggressive in marketing consolidation loans to Direct Loan borrowers, offering them rebates on fees and interest rates that the government does not match, despite the fact Direct Loans are less expensive for taxpayers than the FFELP alternative. According to Education Department data, as reported by The Chronicle of Higher Education, close to 800,000 Direct Loan borrowers, with a total debt of about $17 billion, left the Direct Loan program between 2003 to 2005 to refinance their loans with private loan providers, such as Student Loan Xpress.
The misuse of NSLDS by companies marketing consolidation loans and other entities appears to have been so rampant that the Department's Inspector General sent a memo to Terri Shaw, the Chief Operating Officer of the Federal Student Aid office, in 2005 demanding that the office limit access to the database. As a result of the Inspector General's prodding, Mr. Fontana sent out his own notice to lenders warning them that NSLDS information was not to be used for "the marketing of student loans or other products."
Revelations that Mr. Fontana owned a stake in Student-Loan Xpress come a day after Higher Ed Watch uncovered that financial aid administrators at three major universities had received significant shares of stock from the company. As a result of our investigation, Columbia University placed its aid director, David Charlow, on leave pending a full review by the institution. Columbia also alerted New York Attorney General Andrew Cuomo to our findings. Mr. Cuomo promptly issued a subpoena to Columbia University and sent letters to the other two universities in question -- the University of Southern California and the University of Texas at Austin -- seeking more information about the administrators' stock ownership.
Higher Ed Watch continues to believe that the problem of corruption in America's student loan system stems from excessive taxpayer subsidies going to the student loan banking industry instead of families and needy kids.
This problem has to be addressed at its root.
Michael Dannenberg, Editor of Higher Ed Watch, contributed to this report.
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The real crime
When are people going to start bringing Direct Lending into this discussion? And not just as an idea of a solution to the "big bad lenders." The Direct Loan program charges students a fee (which most lenders have been paying on behalf of the student and guarantee agencies), and limits the borrower's repayment benefit to a .25% reduction for signing up for ACH. This pales to the benefits that many of the lenders in the FFEL program are offering. Consolidation with the FFEL program also proves to be a better deal for most students. Why is none of this being focused on?
If this argument is truly about the best interest of the students, then the Direct Loan program needs to be scrutinized as well. Any school that only offers loans through the Direct Loan program is not providing students with the choice that so many seem to be demanding be available for students. Directors at the Direct Loan schools need to be asked "Why did you decide to only offer Direct Lending? What went into your decision to only offer Direct Loans?" "Are you sure you are offering the best program for your students?"
If these are questions that are going to be asked of schools that participate in the FFEL program, then they darn well better be asked of schools that only participate in the Direct Loan program.
Higher Ed Watch Article
"Over the last five years, private lenders have been extremely aggressive in marketing consolidation loans to Direct Loan borrowers, offering them rebates on fees and interest rates that the government is prohibited by law from matching"
It is so awful that those dirty private lenders provided a far better value proposition to 800,000 students. Those students should still be paying more for the privilege of doing business with our very efficient federal bureaucracy.
Better for which students?
Drain the Swamp
Excellent research. I believe a through-and-through investigation of all Department of Education employees who work on Federal Student Aid is appropriate at this time.
For example, the Head of the Office of Federal Student Aid left a VP position at Sallie Mae to work for the federal government. What was this person's compensation with Sallie Mae vs. her government salary? What interest does this person or family members still hold in Sallie Mae, or other student loan companies?
Why are we here? Good question! Let's review.
Okay, obviously the author of this article seems to have a personal bias against private lenders making any money on the Federal Loan Program. How dare they make money. Let's review a little history and look at what led us to this place. Why was it that congress members didn't just give away our tax dollars directly to students who needed it? Simple answer: They do. They are called Pell Grants. But that money doesn't go nearly as far to help nearly as many people. So, how do we make our tax dollars stretch? We make it worth while to private companies to lend their own money at affordable rates. In short, we leverage someone else's money, and buffer students from economic trends (with government subsidies) that could make financing less affordable. Invite the powers of commercial competition into the industry to drive benefits to borrowers that the DOE can't offer because it would litterally take an Act of Congress to do so. If not balanced by private competition Direct Lending would be a Federal Monopoly.
Asside from that, the Emergency Consolidation Act of 1995 was passed to help the Direct Lending Program get rid of its excess volume because it does not have the capacity to handle the monolithic volume of students consolidating their student loans. Let us not forget from whence we came, lest we repeat our mistakes. The system is the way it is for good reason. Of course any system can be made better. But to the author of this article: please discuss the issues after reviewing the history of the situation. This sort of inflamatory writing stile is probably the cause of many problems. Why should a scandal around Matteo Fontana's activities give rise to tarnishing other subjects?
Nah....it's the Dept of Ed's fault...
...there's just no enforcement by the Department of Education. Simple as that. In other financial services areas, if a participant breaks the rules, there are swift and relevant consequences. The student lending business has operated in a near consequence-free environment. But google around....there's several documented cases of student loan industry employees drifting back and forth between the Dept and industry. Coupled with no policing of regs....all hell breaks loose.
http://college-loan-search.blogspot.com
Grover Whitehurst and "It's Greek to Me"
Dirty Lenders' Motive for the Benefits??
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