The Hidden Fraud in Loans: Banks, the ‘Color of Law,’ and Deceptive Practices

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When a purported borrower takes out a loan from a bank, it may seem as if the bank is lending its own money. However, under 12 U.S.C. § 83, banks are prohibited from lending their own funds. Instead, the bank uses the purported borrower’s promissory note—created through the borrower’s signature—as the source of credit. This note, becomes an asset on the bank’s books, allowing it to generate credit entries for a private monetary system without using its own capital. Importantly, no money leaves a bank account; all the credit generated is based on accounting entries.