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34 FEDERAL RESERVE BANK OF DALLAS KAREN R. SMITH DIRECTOR-APPLICATIONS 2200 NORTH PEARL STREET DALI.AS. TX August 10, 2017 Ms. Catherine Jaure Compliance Officer Frost Bank 3838 Rogers Road San Antonio, Texas Subject: Application by Frost Bank, Dallas, Texas ("Applicant"), to establish a branch at 640 Taylor Street, Fort Worth, Texas Dear Ms. Jaure: Enclosed please find a copy of the comment that was received on August 8, 2017, from Mr. Barry Simmons by staff at the Board of Governors regarding the Subject application. We are providing this copy to you pursuant to the Board of Governors' policy on ex parte communication. If you have any questions, please call me at Karen R. Smith Enclosure c: Board of Governors of the Federal Reserve System Mr. Barry Simmons - rendexes@gmail.com P 0. BOX DALLAS, TEXAS

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36 Morris, Mar g aret From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Smith, Karen R Tuesday, August 08, :55 AM Morris, Margaret FW: [External] Rights of Claimant Concentration in Complaints.docx; Rights of Claimant II.docx Follow up Flagged NONCONFIDENTIAL II FRSONL Y From: Barry Simmons [mailto:rendexes@gmail.com] Sent: Tuesday, August 08, :59 AM To: Smith, Karen R; fabrice.coles@mail.house.gov (External); John.coleman@mail.house.gov Subject: [External] Rights of Claimant The Renaissance Indexes Group submits the following petitions in reference to the CRA Protest Complaint filed against Frost Bank Please find Attached Thank You Barry Simmons Please verify receiving

37 Federal Reserve Bank Karen Smith August 7, 2017 RE: Rights of Claimant The Renaissance Indexes Group is chief Claimant in the CRA Protest Complaints (and banking Complaints) filed against Banks in Houston that are engaged in the systemic, pervasive and continuing practices, actions (and non-actions) and policies that result in the disparate impact, disproportionate discriminate effect, illegal discrimination and redlining of the underserved individuals, households and businesses of the protected class of black Americans in the black American Neighborhoods in the specified Zip Codes in Houston and Dallas and beyond. The Claimant has been assured by the Legal Counsel in Dallas that the FRB is duty bound to enforce the banking laws -pursuant to the Complaint - in their entirety and in the laws' full and final perfection -as a matter of faithful execution of sworn duty. This does not seem to be the case in the RIG Complaints - indeed - the Banks named in the Complaints are seemingly investigating themselves and have lost all and any respect for the authority of the Federal Reserve Bank, for the Rule of Law, for the banking laws and for the controlling authority of the applicable Court holdings - to include the critical ruling in the US Supreme Court case of Texas Department Housing and Community Affairs V ICP, Inc.- which codifies the Fair Housing Act Final Rule that shifts the burden of proof to the Bank pursuant to the Complaint and states clearly that -the Bank is legally obliged to provide the legally sufficient justification to prove that the practices challenged in the Complaint are necessary to achieve one or more of the Banks' legitimate substantial nondiscriminatory interests - and that these interests - where legitimate - could not be served by another practice with a less discriminatory effect - the named Bank either meets this burden of proof or the Bank does not - -where the Bank fails to meet this burden of proof the Illegal Discrimination Claims stands - as the legally sufficient justification must be supported with evidence and cannot be hypothetical or speculative This is the Rule of Law - and the Rule of Law binds all three parties to the Complaint proceedings

38 As stated in earlier letters written at other times the Federal Reserve Bank does not have to investigate the RIG Complaints - the FRB has the option to send to the RIG a letter of refusal Where the FRB does investigate the RIG Complaints it tis to faithfully execute its sworn duties under the law to include the enforcement of all of the components of the banking laws - to include the FHA Final Rule - in their entirety and in their full and final perfection - neither the FRB nor the named Bank gets to pick and choose which of the banking laws it is going to ignore and which it will abide by This continuing failing of the FRB to faithfully execute its sworn duties is horrific enough - but only preliminary to the larger absurdity - that is the FRB denied the full rights of the Claimant - the most egregious of which is the denial of the Claimant for an interview by the law enforcement body -the FRB and the Claimants' right to frame the Complaints -as outlined in the Concentration In Complaints Letter - below The full interview of the complaining witness and Claimant is not an option for the FRB - where it decides to investigate the Complaint - the denial of which is justified nowhere in the FRB Rules of Procedure - as the other banking regulatory Agencies have interviewed the Claimant on several occasions. Barring the FRB providing the specific regulation or Rule that specifically outlaws the Interview of the Claimant - as well as the other rights outlined in the Letter below - the Claimant has the right to be interviewed by the investigators and examiners prior to the Agency investigation The initial interview in the present CRA Protest Complaint filed against Frost Bank may take place at the Houston Federal Bank at 1801 Allen Parkway - Houston, Texas the items necessary for the Interview include copies of the Community Reinvestment, Equal Credit Opportunity Act, Fair Housing Act and separate copies of the FHA Final Rule, Home Mortgage Disclosure Act, Fair Lending Laws - Regulations B and C -the copies of the US Supreme Court case TD fa V ICP, Inc, US V Hudson City Savings Bank, US V Chevy Chase FSB, US V Midland States Bancorp,US V 1 st American Bank -the copy of the 1968 Civil Rights Act- Title VIII - The Renaissance Indexes Group will need a minimum 3- hour block in the AM and a 3-hour block in the PM -

39 Federal Reserve Bank Karen Smith August 7, 2017 RE: Concentration in Complaints / Frost Bank This letter is part of the continuing communications between Renaissance Indexes Group (RIG, Claimant) and the F deral Reserve Bank (FRB). Claimant brings to the attention of the FRB a disturbing trend in the" investigations" of Claimants CRA Protest and banking complaints (Complaints). The Claimant has the right to frame the banking complaints filed against these Banks and the Claimant has the right for the Investigations to proceed accordingly - but this is not what has happened. While the FRB has the latitude to expand the investigation beyond the Claimants complaints - the FRB does not have the right to re-characterize the Claimants complaints and to bring in groups other than what is clearly outlined in the complaint and in the Illegal Discrimination Claims (IDC). The Claimants Complaints are for the correction of the horrific injustices perpetrated against the protected class of black Americans - it is the correction and ending of the historic and systemic illegal discrimination against this protected class that the Civil Rights laws were passed and the Department of Justice Civil Rights created. Claimant respectfully petitions that the FRB Investigations, Agency actions and referrals to the Department of Justice concentrate on the protected class of black Americans clearly spelled out in the Claimants Complaints. The FRB investigators do not have the right to include other groups not named in Claimants' Complaints. While the investigations to correct and to end the injustices are laudable the other groups have the right to file their own banking complaints - separately from the Claimant and the FRB has the option to investigate the other groups Claims separately. For the FRB to attach other groups (Hispanics, Asians LMI Neighborhoods) to the Claimants (Complaints) denies Claimant and the aggrieved parties - protected class of black Americans - the full Due Process rights of investigations, and clouds the pure search for truth - the illegal discrimination, redlining and denial of equal access to capital perpetrated against the protected class of black Americans in the Houston Metro, in addition such attachments and in addition Takes the Claimants' Complaint out of context - the research into the filing of the Claimants Complaints is to correct and to end the horrific injustices that the protected

40 class of black Americans have been and are still aggrieved by. It is this group that has suffered the historical discrimination to include the Jim Crow laws - no other group carries the legacy of historical illegal discrimination and no other group has the right to be a part of the Claimants Complaints. It is the immediate correction of this failing and misapplication to the Claimants' Complaints that is to be corrected post haste - pursuant to Claimants' rights of Due Process and pursuant to Claimants right to Honest Investigations. Weakens the Claimants' Complaint - Where the Illegal Discrimination Claim (IDC) states that the neighborhoods in the 21 Zip Codes in Houston of the protected class of black Americans are denied the Equal Bank branches - per capita - and all of the attendant advantages that come with same due to the illegal discrimination of the named Banks - this Claim has to be allowed to stand on its own merits. This IDC is either true or it is not. The Bank branches are either in the actual neighborhoods of the protected class of black Americans or they are not. Where they are not and failing the Banks' refutation and legitimate business necessity reason the IDC is certified as true. The FRB investigators and examiners do not get to add a Bank branch found in some other "minority census tract" - miles away from the neighborhoods of the black Americans - to the equation of the denial of equal Bank branches as outlined in Claimants 'Complaints - and to use this "finding" as a way to get the Bank off on the IDC of illegal discrimination in Equal Bank branches in the neighborhoods of the protected class of black Americans. It is the immediate correction of this horrific failing and misapplication to Claimants' Complaints that is to be corrected post haste - pursuant to Claimants' Due Process rights and pursuant to Claimants' right to Honest Investigations and pursuant to the relentless search for the whole truth in the Claimants' Claims. Allows the Bank to get away with illegal discrimination and redlining against the aggrieved parties of protected class of black Americans named in the Claimants' Complaints due to "findings" in some other minority census tract that are nowhere mentioned in the Claimants' Complaints. It does not matter what is found in some other "minority census tract" - what matters in the Claimants' case is what is not found in the neighborhoods of the protected class of black Americans - to include Equal Bank branches. This (mis)application of IDCs in Claimants Complaints is clear denial of full Due Process, is clearly a problem and has to end. Taken to its logical conclusion and where applied to all of the Illegal Discrimination Claims in Claimants Complaints the FRB investigators can enable the Bank to get off on every single count of the Illegal Discrimination Claims - by simply stating that while the investigation did not find

41 Equal bank branches, Equal business lending, Equal mortgages, Equal home equity loans, Equal commercial lending, Equal bank financed developments, Equal Community Development Loans, Equal advertising in black American Media, Equal promotion of Equal Bank loan and credit products for the individuals, businesses and in any of the neighborhoods of the protected class of black Americans in the 21 specified Zip Codes pursuant to the Claimants' banking and CRA Protest Complaints Our "investigation" did happen to stumble across "findings" of the above outside of the protected class of black Americans but right outside some other "minority census tract" - and we will use these "findings" to give the Bank a passing grade, a free ride and an escape hatch on all of the Illegal Discrimination Claims. When we add the facts That the FRB has failed to direct the Bank to answer directly a single Illegal Discrimination Claim (IDC) s directly - as in to refute the IDC with credible evidence and to present the legitimate business necessity reason to justify the stark and glaring disparities in all Banking categories - failing this the IDC is certified as true. That the Standard used in the determinations of the Illegal Discrimination Claims and whether the protected class of black Americans are accorded full rights of the Equal full enjoyment of all of the Equal banking services, Equal loan and credit products, Equal advertising, outreach and promotion of loan products and Equal discretionary accommodations and Equal overrides for loan and credit approvals is not EQUAL - rather the standard has been lowered to the second class status of Adequate - this lowered and unequal is sanctioned nowhere in the laws, banking laws, statutes, regulations, Civil Rights Laws, Effects Test, Disparate treatment Test or Disparate Impact Test- and nowhere in the controlling authority of the Court case to include the - governing cases of TDHCA V ICP, Inc. (US Supreme Court) US V Hudson City Savings Bank, US V Midland States Bancorp, US V Chevy Chase FSB and US V First American Bank. One need not be cynical to clearly see that Claimant has received a raw deal where the deck is stacked in favor of getting the Bank off on the Illegal Discrimination Claims What is also clear to see is that these horrific lapses of enforcement and investigative failings of the FRB must be brought to an end - post haste - --is not the protector of the banks engaged in patterns, actions and policies of illegal discrimination and redlining and in violation of banking laws --has no vested interest in providing the Banks with a way out of the Illegal Discrimination Claims

42 --and the FRB is not the inadvertent Agency for the continuation of state sanctioned illegal discrimination perpetrated against the protected class of black Americans The present situation is unworkable, denies Due Process rights to the aggrieved parties and does not even begin to correct - much less to end - the horrific injustices of the historical, systemic, pervasive and continuing illegal discrimination, redlining and denial of equal access to Equal banking services and to Equal lending perpetrated daily against the protected class of black Americans by the Banks named in the Claimants banking and CRA Protest Complaints - and in the interest of justice that it be corrected post haste. The RIG petitions the Federal Reserve Bank to faithfully execute its sworn duties and to enforce the banking laws - to include the FHA Final Rule - in their entirety and in their full and final perfection_:for an Agency Directive to the Banks named in the Complaints to -answer the Illegal Discrimination Claims in the Complaint directly, completely and truthfully with the verifiable evidence as -provide the legally sufficient justification (per Claim) to prove that the Bank practices challenged in the Complaint are necessary to achieve one or more of the Banks' legitimate substantial nondiscriminatory interests - and that these interests - where legitimate - could not be achieved by another practice with a less discriminatory effect -the legally sufficient justification must be supported with evidence and cannot be hypothetical or speculative As the FHA Final Rule does not allow for any excuses, waivers, or "conditional" answers the Bank either fulfills this burden of proof duty in its entirety or it does not - where the Bank fails to fulfill its duty under the FHA Final Rule -the Illegal Discrimination Claims stands - and the enforcement actions imposed

43 In The Relentless Pursuit of Justice, Barry Simmons Renaissance Indexes Group\Chairman / RIG (713) rendexes@gmail.com

44 Federal Reserve Bank July 22, 2017 RE: Rights of Claimant The Claimant submits the Rights of Claimant Letter to the Federal Reserve Bank in the quest for justice and for Equal rights - to correct, fix and end the continuing illegal discrimination, redlining and denial of Equal access to capital, lending and banking services by the actions (and non-actions), practices and patterns of the named Banks perpetrated against the protected class of black Americans Central to these failings is the Agency's failure and refusal to honor, respect and to fully enforce the rights of the Claimant - which are outlined below/ Rights To Due Process These rights of Claimant include the right for full Interviews with the examiners and investigators, the rights for a Zip Code Tour pursuant to the comparative analysis in the banking categories between the two sets of Zip Codes as outlined in the Complaint; the rights for a real Investigation - i.e. the right to the Agency investigators to be on the ground in Houston. This also includes the right to refute - Claimant Refutations Letter - the Banks' "answers" to the Illegal Discrimination Claims and the right to file Freedom of Information Act petitions for "Confidential Materials and Exhibits" the right to receive the Confidential Materials pursuant to Petition; and the right t 1 0 full exhaustion of all administrative and judicial filings and remedies - to include appeals to the Federal District Court- prior to the final decision by the Agency on any Bank Applications In order to be effective in the Refutations the Claimant has the right to receive the Confidential Information and Exhibits that are approved - prior to any Agency decision on the Banks' Application(s). It does not serve - indeed this practice denies - the full rights of Due Process of the Claimant to receive the Confidential Information - after the Banks Application has been approved The right to submit additional Claimant Refutation Letters upon receiving "Confidential Materials" and the right to receive the direct and truthful answers from the Bank

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46 in Houston and in Dallas- and what is found and not found in the black American Neighborhoods in the specified Zip Codes. The Complaint is anchored in the physical address reality of the Banks branches, bank financed developments, and Community Development Loans, in the geographical dollar amounts in lending - in all of the lending categories and in the Bank dollar amount outlays in advertising, marketing, promotions of products, outreach to Neighborhood Groups and in charitable contributions pursuant to the overarching Claim that the Bank has avoided doing business in the black American Neighborhoods in Houston and has denied the rights of Equal full enjoyment of Equal rights secured under the CRA ECOA, FHA, Title VIII Civil Rights Act and under the Equal Protection Clause - 14 th Amendment- US Constitution - to the protected class of black Americans, in Houston. Neither the Agency nor the Bank has the right to reframe, remake and to reconstitute the Claims to suit its own purposes. Neither the Agency nor the Bank has the right to bring in findings that are found outside of the Complaint- as in "LMI census tracts" and minority census tracts" that are all outside of the black American Neighborhoods to add to the equation which makes the Complaint unrecognizable to the Claimant Rights to Public Hearing The RIG petitions for the public hearing pursuant to the banking complaint filed against the Banks - as the Hearing is also part of the full Due Process Rights of Claimant. Rights of Community Contact The RIG petitions to be the certified Community Contact by the Agencies - pursuant to the CRA Protest and banking complaints filed against the Banks named in the RIG Complaints. Claimant challenges the Agency to highlight where in the statutes, regulations or Rule of Law where any of the above outlined Rights of Claimant are strictly forbidden.

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