Bad Paper: Chasing Debt From Wall Street to the Underworld

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  Farrar, Straus and Giroux

  18 West 18th Street, New York 10011

  Copyright © 2014 by Jake Halpern

  All rights reserved

  First edition, 2014

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  Library of Congress Cataloging-in-Publication Data

  Halpern, Jake.

  Bad paper : chasing debt from Wall Street to the underworld / Jake Halpern. — 1st Edition.

  pages cm

  ISBN 978-0-374-10823-6 (hardback) — ISBN 978-0-374-71124-5 (e-book)

  1. Finance, Personal. 2. Consumer credit. 3. Collecting of accounts. 4. Collection agencies. I. Title.

  HG179 .H247 2014

  332.70973—dc23

  2014013576

  www.fsgbooks.com

  www.twitter.com/fsgbooks • www.facebook.com/fsgbooks

  To Stephen Halpern—consummate father and friend

  CONTENTS

  TITLE PAGE

  COPYRIGHT NOTICE

  COPYRIGHT

  DEDICATION

  EPIGRAPH

  INTRODUCTION

  PART ONE: STOLEN NUMBERS

  1. THE $14 MILLION GAMBLE

  2. THE KING OF CRAP

  3. THE PACKAGE

  4. BAD PAPER

  PART TWO: PAPER HUNTERS

  5. AARON’S PROBLEM

  6. BRANDON’S PEOPLE

  7. SCORING IN VEGAS

  PART THREE: THE LAST COLLECTORS

  8. TAKING CONTROL OF ASSETS

  9. THE WHITE MAN’S DOPE

  10. GEORGIA

  EPILOGUE

  A NOTE ON METHODOLOGY

  NOTES

  ACKNOWLEDGMENTS

  ALSO BY JAKE HALPERN

  A NOTE ABOUT THE AUTHOR

  Be kind, for everyone you meet is engaged in a great struggle.

  —AUTHOR UNKNOWN

  INTRODUCTION

  One evening in October 2009, a former banking executive named Aaron Siegel waited impatiently in the master bedroom of a house in the Allentown neighborhood of Buffalo, New York. As he stared at the room’s old fireplace and then out the window to the sleepy street beyond, he tried not to think about his investors and the $14 million that they had entrusted to him. Aaron was no stranger to money. He had grown up in one of the city’s wealthiest and most famous families. His father, Herb Siegel, was a legendary playboy and the founder of a hugely profitable personal-injury law firm. During his late teenage years, Aaron had essentially lived unchaperoned in a sprawling, hundred-year-old mansion. His sister, Shana, recalls the parties that she hosted—lavish affairs with plenty of champagne—and how their private school classmates would often spend the night, as if the place were a clubhouse for the young and privileged.

  On this particular day in October, Aaron wondered how exactly he had gotten into his current predicament. His career had started with such promise. He had earned his M.B.A. from the highly regarded Simon Graduate School of Business at the University of Rochester. He had taken a job at HSBC and completed the bank’s executive training course in London. By all indications, he was well on his way to a very respectable career in the financial world. Aaron was smart, hardworking, and ambitious. All he had to do was keep moving up the corporate ladder; instead, he had decided to take a gamble.

  In the summer of 2008, Aaron launched his own private equity fund in an elegant old home at 448 Franklin Street in Buffalo. He claimed the master bedroom for his office. His company, which he dubbed Franklin Asset Management, focused on distressed consumer debt; basically, he was interested in buying up the right to collect unpaid credit-card bills. There is a vast market for unpaid consumer debts—not just credit-card debts but auto loans, medical loans, gym fees, payday loans, overdue cell phone tabs, old utility bills, even delinquent book club accounts. Indeed, American consumers owe a grand total of $11.28 trillion, of which roughly $831 billion is delinquent or unpaid. Some 30 million consumers are currently being hounded over at least one loan; and each of these debtors owes, on average, $1,458.

  Many consumers assume that when they receive a call about an unpaid debt—from Bank of America, or Verizon, or Aaron’s Furniture Rental—they are actually speaking with an official from that company. Not so. The original creditor has often written off that debt as a loss years before and sold it at a fraction of its value to speculators who hope to collect on it and turn a tidy profit. Much has been said and written about the subprime mortgage crisis and how risky loans were issued, bundled, spliced, diced, and sold. Far less has been written about the enormous quantity of consumer debt that is bought, bundled, and sold each year; those who trade in such debt call it “paper” and they typically buy it and sell it for pennies on the dollar.

  That was Aaron’s business. If he could buy debts with “face values” of $1,500 for $15—and if his agencies could collect just 10 percent of what was owed—he could make a fortune. What he needed was capital, so he used his connections from his school days, and from the banking world, to court eight investors. In the ensuing year and a half, he would use their money to buy $1.5 billion worth of bad debts. This would be his trial run. If all went smoothly, he would soon launch another fund, with even more money in it.

  But all did not go smoothly.

  Some of the deals that Aaron made were hugely profitable, while others proved more troublesome. As he soon discovered, after creditors sell off unpaid debts, those debts enter a financial netherworld where strange things can happen. A gamut of players including publicly traded companies, hedge fund operators, professional debt collectors, street hustlers, ex-cons, and lawyers all work together, and against one another, to recoup every penny on every dollar. In this often-lawless marketplace, large portfolios of debt—usually in the form of spreadsheets holding debtor names, contact information, and balances—are bought, sold, and sometimes simply stolen.

  Stolen.

  This was the word that was foremost in Aaron’s mind on that October afternoon in 2009. He had strong reason to believe that a portfolio of paper—his paper—had been stolen and was now being worked by one of the many small collection agencies on the impoverished and crime-ridden East Side of Buffalo. Using his spreadsheets, this agency was now calling his debtors and collecting on debt that was rightfully his. This was not a problem that Aaron was used to handling. There had been no classes at the Simon Graduate School of Business on how to apprehend thieves who had appropriated your assets. He could, of course, call the police or the state attorney general; but, by the time that they intervened, the paper would be wrung dry, worthless. His problem was more fundamental, more pressing. At this point, he didn’t know exactly how many files had been stolen, but he knew that he needed immediate intervention.

  Fortunately, Aaron had someone to call.

  His name was Brandon Wilson. A former armed robber, Brandon had spent roughly ten years in prison, and now liked to boast that he made far more in debt collections than he ever did robbing banks. Brandon worked as Aaron’s most valued “debt broker,” buying and selling portfolios on Aaron’s behalf. He also served as his emissary to the collections industry’s many un
savory precincts. And at this very moment—as Aaron waited impatiently in the old, wood-paneled master bedroom at 448 Franklin Street—Brandon was en route to Buffalo with a car full of his associates, mainly ex-cons, some of them armed and all of them determined to help fix the problem. Their goal was simple: rescue the stolen accounts.

  The following pages tell the story of Aaron and Brandon’s unlikely partnership and track the stolen portfolio of debt they set out to retrieve. To its handlers, that portfolio was just a spreadsheet containing the names and social security numbers of debtors and the amounts they owed; but that same spreadsheet was also a collection of stories about Americans whose financial lives had unraveled. This book chronicles some of those lives and simultaneously explores a thriving industry that buys and sells old loans like precious jewels. In many blighted neighborhoods, in Buffalo and elsewhere, small shops that collect debt—often by unsavory means—are sources of employment and engines of mobility for people who, otherwise, would be hard-pressed to find work. Across the country, a much larger industry traffics in old debts, frequently using dubious methods to pressure debtors into paying up, even on debts they have already settled or for which they are no longer liable.

  Ever since 2006, the Federal Trade Commission (FTC) has ranked “debt collection” as its second-biggest source of complaints from consumers, following only “identity theft.” It has not done much, however, to clean things up. In 2009, it brought just one “enforcement action” against a company for collections violations; since then, it has done little more. Banks, creditors, and regulators are at last starting to crack down on certain conspicuous abuses but the system as a whole remains dysfunctional and largely unsupervised. The newly created Consumer Financial Protection Bureau focuses on policing 175 of the nation’s largest collectors, while thousands of smaller companies escape its scrutiny. Debt collection remains, in many regards, a shadowy corner of the economy—where financial misfortune is bought, sold, and exploited. As sensational as this may sound, it is exactly what one might expect in a country that is driven by profit, mired in debt, and not fully able or willing to tame the marketplace that is created when these two forces meet.

  PART ONE

  STOLEN NUMBERS

  1

  THE $14 MILLION GAMBLE

  In 2005, when he was thirty-one years old, Aaron Siegel decided to leave his job on Wall Street and move back to his hometown. He was drawn to Buffalo—the self-proclaimed “city of no illusions”—because of its modest scale, its historic neighborhoods, and its general lack of pretension. After so much time in Manhattan and London, something about Buffalo was refreshingly real. What’s more, the Siegel family name meant something there and it lent Aaron not just credibility or prestige, but a sense that he belonged—that he mattered. Aaron returned to Buffalo, along with his wife, who was also from upstate New York, and he took a job at a local division of Bank of America specializing in private wealth management. He resolved to stay there until he could figure something else out. The only problem was that he had almost no work to do. “I spent my days spinning around in a chair and throwing pencils at the ceiling,” Aaron said. “There was nothing to do. There’s very little private wealth to manage here.”

  There weren’t a great many banking opportunities in Buffalo; in truth, there weren’t all that many professional opportunities at all. At least one industry, however, was booming: debt collection. Buffalo is a major hub for debt collection and is sometimes even called the industry’s capital. This is in large part because one of the biggest collection agencies in the nation, known as Great Lakes Collection Bureau, was once based there. GE Capital purchased Great Lakes in 1997, and soon afterward, many of the company’s managers were laid off and opted to strike out on their own. Their companies thrived and expanded. In the greater Buffalo area, more than five thousand people now earn a living as debt collectors. That’s more than the number of taxi drivers, bakers, butchers, steelworkers, roofers, crane operators, hotel clerks, and brick masons combined.

  As a former banker, Aaron was intrigued that so many people in his midst were toiling to collect on debts that his employer—the bank—had given up on and sold to debt buyers at huge discounts. He sensed an opportunity and, in the fall of 2005, he started his own collection agency. He used $125,000 from his personal savings, bought some “paper,” and threw himself—rather blindly—into the world of collections. His plan was to continue working at Bank of America by day and run the collection agency after hours.

  When it came to hiring collectors, Buffalo proved to be an auspicious locale, both because there were so many veteran collectors to hire and because so many of the city’s other residents were so eager to find paying work. Buffalo remains among the poorest cities in the nation. Almost one-third of the people within its limits live in poverty—double the national average. Growing up in a very affluent family, Aaron says that he rarely interacted with the city’s poorer residents. “I knew they existed,” he told me. “These were folks that you bumped into going to the store, but there wasn’t a whole lot of interaction because Buffalo is very stratified.” Yet when Aaron launched his own collection agency, these were precisely the sorts of people who applied for work—and their ranks included ex-cons, drug addicts, twenty-somethings without high school diplomas, and a variety of other hard-luck cases.

  “Oh my God, they were like thugs,” recalled Aaron. “Everybody had their hustle and flow or whatever the hell it was—why they were the best, the greatest.” He quickly came to realize, however, that the more clean-cut types simply wouldn’t get the job done. As he put it: “You realize that you’re sitting on an investment and you’ve hired a bunch of boy scouts who can’t turn any money.” What he needed were telephone hustlers. The problem with the hustlers, explained Aaron, was that they hustled not just the debtors, but him as well. One of the first truly great collectors that Aaron hired—an overweight, womanizing, aspiring bodybuilder—robbed him of several thousand dollars by counterfeiting the firm’s checks.

  Eventually, Aaron hired a floor manager—a young, handsome guy in his mid-twenties, who asked to be identified by his middle name, Rob. Rob understood collectors. He took it as a given, for example, that many of his collectors either used or sold drugs. In one of his stints as a manager, Rob bought his team “three cases of whippets”—steel cartridges filled with nitrous oxide—for hitting their goal. “You have to have a little hustle in you to collect,” he explained. “Certainly, if you are selling bags of pot to college kids, you have that natural ability.” One day, Rob had to help break up a fight that began when a collector overcharged his co-worker for a bag of cocaine. Their punishment, recalls Rob, was simply being sent home for the day. Above all, says Rob, the collectors needed “someone they could relate to”—someone who could be a “bridge” to Aaron. “I was that bridge.”

  Rob’s biggest challenge was making sure that one of the agency’s best collectors made it to work each day. On many occasions, Rob confiscated his car keys and insisted that he spend the night with Rob at his house. “He was a very intelligent guy, but he was also your average stoner who didn’t think of the day ahead until that morning,” recalled Rob. “He was extremely lazy and smoked a massive amount of pot. At the time, he was twenty-three and he didn’t understand the whole concept of work responsibility.” When he did show up, however, he was masterful at the “talk-off”—the spiel given to debtors in order to encourage, shame, and intimidate them into paying. This particular collector was a “killer” and a “beast” on the phone, Rob said.

  To this day, Rob recalls his talk-off with great admiration: “He would ask a question, which he knew the answer to, but when he got the debtor’s response, he flipped it on them. For example, maybe the debtor bought a dishwasher for a thousand dollars from Sears. The debtor would say, ‘I didn’t have a job at the time.’ Then he would say, ‘But I have paperwork right here saying that you worked at Rich Stadium at the time, and now I would like a statement from you because I am
going to have to explain to the banks that you were lying.’ He’d get them into a trap. He’d get them to lie, then he’d call them on it, and then—in five minutes—they were writing a check.” According to Aaron, his star employee collected as much as $20,000 a month.

  Aaron took it as a given that some of his collectors, the good and bad alike, might quit at a moment’s notice. The industry was famous for employing “hoppers,” who simply stopped coming to work one day and “hopped” to another agency where they thought they might do better for themselves. One of the most famous hoppers in Buffalo was a man of exceedingly short stature known as “Matt the Midget.” “He had these extended pedals on his car so his feet could reach,” Aaron said. When he showed up for an interview at Aaron’s agency, Matt the Midget delighted Aaron’s employees by leaping into the air and tapping his forehead with his own feet. Aaron’s agency offered him a job, but unfortunately, Matt the Midget never showed up for work. Not even once.

  What made it all worth it for Aaron was that he was making money. When he purchased an especially good portfolio of debt, the profits were astronomical. For example, he obtained one portfolio for $28,526, collected more than $90,000 on it in just six weeks, and then sold the remaining, uncollected accounts for $31,000. On that portfolio, he made a whopping net return of 199 percent. Aaron bought another portfolio of debt for $33,387, collected more than $147,000 on it in four months, and then sold the remaining accounts for $33,123. On this portfolio, his net return was 264 percent. Of course, not all of his deals proved to be this wildly profitable; but, on the whole, he was doing well with almost all of the paper that he purchased. This was in no small part because in 2006 he had begun buying paper from a debt broker named Brandon Wilson. Initially, at least, Aaron knew very little about Brandon. A business associate had recommended him, and right away, Brandon began to prove his worth—supplying good paper, with “plenty of meat on the bone” as they say in the business. “The paper that I bought from him performed wonderfully,” recalled Aaron.