"End of Wall Street Boom" - Must-read history

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Aug 12, 2011 12:58 pm

.

The action right now is at the S&P downgrade thread.

viewtopic.php?f=8&t=32771&start=60

From which I'd like to quote the following.

justdrew wrote:what could the Fed do?

I'll tell you...

Open up their discount window for the rest of us. Allow people to go to them to refinance their mortgages, credit and other debt, ie offer a debt consolidation service to human Americans at these low low rates. Each person could get one non-collateralized consolidation loan, and handle sending the checks out to the creditors too. It could all be handled with a relatively simple web-app. Repayment can be differed if unemployed, though tax rebates go to payoff the loan if there are any, and otherwise, reasonable monthly payments can be arranged.

This would massivly spke the economy, as people would get credit cards and max them out, etc before they get their one time "bailout" consolidation loans.



Elihu wrote:
'll tell you...

Open up their discount window for the rest of us. Allow people to go to them to...


there's a reason this doesn't and won't happen:

http://thedailybell.com/1410/Who-Needs-Banks.html

from the article: "If banks did not exist, then it would be seen that central banks could just as easily distribute "money" directly to people from some central location like a post office. But if central banks did so, receivers would immediately understand the fraud that lies at the heart of modern banking – that there is no real money, only printed paper and electronic digits. For this reason, banks provide the necessary curtain behind which OZ resides.

The other reason for modern banking is to control the money-stuff. The privilege of printing money is an awesome one – literally a God-like power. It must be managed very carefully so people do not see too deeply into the process. Thus, printed money is distributed through various elaborate mechanisms, but mostly through dissemination to chosen "money center" banks. These banks, in turn, determine who gets the privilege of borrowing for various endeavors. The money trickles out, and sometimes (as today) it moves most sluggishly indeed.

It is a well-thought-out and rigorously controlled process. The promotion surrounding the process, as we have written, is quasi-religious. As with all such processes, there are vestments (gray suits), ceremonies (wherein the money-priests meet deep in the heart of the banking temple) and public announcements of what has been decided (proclamations by the major media). Occasionally, the chief central banker himself opines on economic circumstances – usually within the ambit of a carefully controlled public ceremony.

It is also noteworthy that much of the process of central banking has to do with divining the future (impossible of course). But this is an important part of the ritual. Only seers and prophets can foresee what the future holds, and central bankers especially are granted this gift by those around them.

One could go on and on about the religious parallels but you, dear reader, have probably figured them out already. "
We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Aug 19, 2011 10:14 pm

.

Bill Black was on NPR yesterday making fun of the S&P investigation story. He noted that there were about 1000 investigators covering the savings and loans frauds in his day, that it took 100 FBI agents to cover Enron in its time, and that currently the Justice Department has a total of 100 investigators to cover ALL financial fraud. This would be the minimum just for looking into S&P, if that were serious.


http://www.nytimes.com/2011/08/18/busin ... nted=print

August 17, 2011
U.S. Inquiry Is Said to Focus on S.&P. Ratings
By LOUISE STORY

The Justice Department is investigating whether the nation’s largest credit ratings agency, Standard & Poor’s, improperly rated dozens of mortgage securities in the years leading up to the financial crisis, according to two people interviewed by the government and another briefed on such interviews.

The investigation began before Standard & Poor’s cut the United States’ AAA credit rating this month, but it is likely to add fuel to the political firestorm that has surrounded that action. Lawmakers and some administration officials have since questioned the agency’s secretive process, its credibility and the competence of its analysts, claiming to have found an error in its debt calculations.

In the mortgage inquiry, the Justice Department has been asking about instances in which the company’s analysts wanted to award lower ratings on mortgage bonds but may have been overruled by other S.& P. business managers, according to the people with knowledge of the interviews. If the government finds enough evidence to support such a case, which is likely to be a civil case, it could undercut S.& P.’s longstanding claim that its analysts act independently from business concerns.

It is unclear if the Justice Department investigation involves the other two ratings agencies, Moody’s and Fitch, or only S.& P.

During the boom years, S.& P. and other ratings agencies reaped record profits as they bestowed their highest ratings on bundles of troubled mortgage loans, which made the mortgages appear less risky and thus more valuable. They failed to anticipate the deterioration that would come in the housing market and devastate the financial system.

Since the crisis, the agencies’ business practices and models have been criticized from many corners, including in Congressional hearings and reports that have raised questions about whether independent analysis was corrupted by the drive for profits.

The Securities and Exchange Commission has also been investigating possible wrongdoing at S.& P., according to a person interviewed on that matter, and may be looking at the other two major agencies, Moody’s and Fitch Ratings.

Ed Sweeney, a spokesman for S.& P., said in an e-mail: “S.& P. has received several requests from different government agencies over the last few years. We continue to cooperate with these requests. We do not prevent such agencies from speaking with current or former employees.” S.& P. is a unit of the McGraw-Hill Companies, which is under pressure from some investors and has been considering whether to spin off businesses or make other strategic changes this summer.

The people with knowledge of the investigation said it had picked up steam early this summer, well before the debt rating issue reached a high pitch in Washington. Now members of Congress are investigating why S.& P. removed the nation’s AAA rating, which is highly important to financial markets.

Representatives of the Justice Department and the S.E.C. declined to comment, as is customary for those departments, on whether they are investigating the ratings agencies.

Even though the Justice Department has the power to bring criminal charges, witnesses who have been interviewed have been told by investigators that they are pursuing a civil case.

The government has brought relatively few cases against large financial concerns for their roles in the housing blowup, and it has closed investigations into Washington Mutual and Countrywide, among others, without taking action.

The cases that have been brought are mainly civil matters. In the spring, the Justice Department filed a civil suit against Deutsche Bank and one of its units, which the government said had misrepresented the quality of mortgage loans to obtain government insurance on them. Another common thread — in that case and several others — is that no bank executives were named.

Despite the public scrutiny and outcry over the ratings agencies’ failures in the financial crisis, many investors still rely heavily on ratings from the three main agencies for their purchases of sovereign and corporate debt, as well as other complex financial products.

Companies and some countries — but not the United States — pay the agencies to receive a rating, the financial market’s version of a seal of approval. For decades, the government issued rules that banks, mutual funds and others could rely on a AAA stamp for investing decisions — which bolstered the agencies’ power.

A successful case or settlement against a giant like S.& P. could accelerate the shift away from the traditional ratings system. The financial reform overhaul known as Dodd-Frank sought to decrease the emphasis on ratings in the way banks and mutual funds invest their assets. But bank regulators have been slow to spell out how that would work. A government case that showed problems beyond ineptitude might spur greater reforms, financial historians said.

“I think it would have a major impact if there was a successful fraud case that would suggest there would be momentum for legislation that would force them to change their business model,” said Richard Sylla, a professor at New York University’s Stern School of Business who has studied the history of ratings firms.

In particular, Professor Sylla said that the ratings agencies could be forced to stop making their money off the entities they rate and instead charge investors who use the ratings. The current business model, critics say, is riddled with conflicts of interest, since ratings agencies might make their grades more positive to please their customers.

Before the financial crisis, banks shopped around to make sure rating agencies would award favorable ratings before agreeing to work with them. These banks paid upward of $100,000 for ratings on mortgage bond deals, according to the Financial Crisis Inquiry Commission, and several hundreds of thousands of dollars for the more complex structures known as collateralized debt obligations.

Ratings experts also said that a successful case could hamper the agencies’ ability to argue that they were not liable for ratings that turned out to be wrong.

“Their story is that they should be protected by full First Amendment protections, and that would be harder to make in the public arena, in Congress and in the courts,” said Lawrence J. White, another professor at New York University’s Stern School of Business, who has testified alongside ratings executives before Congress. “If they mixed business and the ratings, it would certainly make their story harder to tell.”

The ratings agencies lost a bit of ground on their First Amendment protections in the recent financial reform bill, which put the ratings firms on the same legal liability level as accounting firms, Professor White said. But that has yet to be tested in court.

People with knowledge of the Justice Department investigation of S.& P. said investigators had made references to several individuals, though it was unclear if anyone would be named in any potential case. Investigators have been asking about a remark supposedly made by David Tesher about mortgage security ratings, two people said. The investigators have asked witnesses if they heard Mr. Tesher say: “Don’t kill the golden goose,” in reference to mortgage securities.

S.& P. declined to provide a comment for Mr. Tesher.

Several of the people who oversaw S.& P.’s mortgage-related ratings went on to different jobs at McGraw-Hill, including Joanne Rose, the former head of structured finance; Vickie Tillman, the former head of ratings; and Susan Barnes, former head of residential mortgage bond ratings. Investigators have told witnesses that they are looking for former employees and that has proved difficult because so many crucial people still work at the company.

One former executive who has been mentioned in investigators’ interviews is Richard Gugliada, who helped oversee ratings of collateralized debt obligations. Calls to his home were not returned.


More in Business Day (1 of 20 articles)
Stocks Fall Anew on Debt Worries and the Economy









http://counterpunch.org/auerback08082011.html

August 8, 2011
A Beer Hall Putsch By the Rentiers?
The S&P's Coup


By MARSHALL AUERBACK

So the ratings agencies have reared their ugly heads again. David Beers, head of S&P’s government debt rating unit, announced Friday night that S&P has downgraded the U.S. credit rating for the first time, from AAA to AA. It’s a sham: S&P’s whole analytical framework reflects ignorance about modern money. If the US government -- Treasury and Federal Reserve -- capitulate to this outrageous act of economic extortion, it will effectively be sanctioning a beer hall putsch by the rentier class.

Justifying its decision, Standard and Poor said “political brinkmanship” in the debate over the debt had made the U.S. government’s ability to manage its finances “less stable, less effective and less predictable.” It said the bipartisan agreement reached this week to find at least $2.1 trillion in budget savings “fell short” of what was necessary to tame the nation’s debt over time and predicted that leaders would not be likely to achieve more savings in the future. [On page 4 of its 8-page paper explaining S&P’s downgrading of Treasury bonds, the firm stated, “We have changed our assumption on this because the majority of Republicans in Congress continue to resist any measure that would raise revenues, a position we believe Congress reinforced by passing the act." Editors.]

“It’s always possible the rating will come back, but we don’t think it’s coming back anytime soon,” said Beers.

The response from Treasury was equally inane: “A judgment flawed by a $2 trillion error speaks for itself,” a Treasury spokesman said last Friday.
$2 trillion, $4 trillion, who cares if the S&P is math-challenged? It’s irrelevant! The notion that the US can arbitrarily summon up the ability to register $4 trillion in “savings” demanded by Standard & Poor as the price for upholding America’s AAA rating is nonsensical, as it ignores the impact that the withdrawal of income will have on the overall economy and, by extension, the size of the government deficits that the ratings agencies regularly decry. Credit ratings are based on ability to pay and willingness to pay. A sovereign issuer of its currency, which issues debt in said currency - like the US - always has the ability to make US dollar payments. Whether it chooses to do so is another matter. But that’s a matter of politics, not economics.

The Obama Administration would have been on much stronger ground if it had challenged the constitutionality of the debt ceiling because, if successful, it would have eliminated this threat to the US AAA credit rating once and for all in terms of precluding an unwillingness to pay. You wouldn’t have a bunch of extremists threatening a default on funds which were already appropriated and spent. The ballot box, not the debt ceiling is the way to solve this kind of dispute.

There is, therefore, an opening for Moody's to gain a competitive advantage over S and P. Moody's can announce that whereas any issuer of its own currency can always make nominal payment on a timely basis, ability to pay is absolute and beyond question for the US government.

Therefore, when reviewing the US government's credit rating, only willingness to pay is a consideration. And given the recent Congressional proceedings regarding the debt ceiling, an entirely self-imposed constraint,
Moody's could therefore put the US on notice with regard to willingness to pay and ignore the flawed economic reasoning which characterized the rest of S&P’s rationale for the downgrade.

To be fair to Mr. Beers, his agency did specifically cite the political brinkmanship of a number of US Congressmen, who seemed far too inclined to contemplate the option of default as a means of securing greater spending cuts on the part of the US government. But that wasn’t the full story. S&P placed particular emphasis on the size of the cuts, implicitly suggesting that larger cuts would have superseded the political questions. That’s intellectual dishonesty at its worst.

Not that it matters here, but for the record, the S&P (along with Moody’s and Fitch) covered themselves with glory during the housing bubble, rating toxic subprime junk as AAA rated paper. Not only were the agencies politically corrupted by virtue of their incestuous ties to Wall Street, but criminally incompetent as well. Yves Smith of Naked Capitalism gives a perfect illustration of the latter :

“The biggest proof of criminal incompetence was their downgrades of RMBS versus CDOs made pretty much entirely of the same RMBS. They started downgrading RMBS en masse in July 2007. They didn’t start marking down CDOs until six month later, and the process took another six months. Yet it should have been impossible to downgrade the RMBS and not the CDOs at the same time. The downgrades were based on the failures of the underlying loans. You can’t have it show up in one product and not the other.”

Here are a few questions the S&P ought to have considered before it issued its debt downgrade:

Is government spending so high that it is competing with private sector spending plans? Certainly not – substantial amounts of plant and equipment remain idle, unemployment remains at depression like levels, and there is ample capacity for firms to expand if they want to do so. Businesses, however, are constrained by inadequate demand for their output, a phenomenon which would become even worse if the US were to follow the prescribed level of cuts advocated by S&P to retain its AAA rating with these economic blackmailers. That is a real cost (and it also drives those “horrible” government deficits higher, as tax revenues plunge and social welfare expenditures via the automatic stabilizers rise).

Is government issuing so much debt that it is causing interest rates to skyrocket? Not in the slightest. Rates have actually gone negative in term yields under 12 months over the past few weeks (so much for the notion that the end of QE2 would drive rates sky-high). We have a deflation problem, not inflation. And the political dysfunction that Mr. Beers describes could have easily been avoided through a number of options which would not have left the country in the hands of irrational deficit terrorists. As Joe Firestone notes:

“Treasury can cease issuing long-term bonds, and sell only three-month bonds. Three-month bond interest rates are generally controlled by overnight rates for bank reserves, and overnight rates can be driven down to near zero by flooding the banks with excess reserves. That's basically how the Japanese keep their bond interest rates near zero, and that's how we can do the same.”

Firestone is right: A sovereign government like the US only sells securities in order to drain excess reserves to hit its interest rate target. It could always choose to simply leave excess reserves in the banking system, in which case the overnight rate would fall toward whatever rate the central bank offers to pay commercial banks for excess overnight reserves.

As far as the short term impact goes, yes, US bonds are down in response to the news of the downgrade. How long lasting is this likely to be? For historical comparison, consider the case of Japan: In November 1998, the day after the Japanese Government announced a large-scale fiscal stimulus to its ailing economy, Moody’s Investors Service began the first of a series of downgradings of the Japanese Government’s yen-denominated bonds, by taking the Aaa (triple A) rating away. The next major Moody’s downgrade occurred on September 8, 2000.

Then, in December 2001, Moody’s further downgraded the Japan Governments yen-denominated bond rating to Aa3 from Aa2. On May 31, 2002, Moody’s Investors Service cut Japan’s long-term credit rating by a further two grades to A2, or below that given to Botswana, Chile and Hungary. This at a time when the Japanese economy was then almost 1,000 times the size of Botswana’s, had the world’s largest foreign reserves, $446 billion; the world’s largest domestic savings, $11.4 trillion; and about $1 trillion in overseas investments.

In a statement at the time, Moody’s said that its decision “reflects the conclusion that the Japanese government’s current and anticipated economic policies will be insufficient to prevent continued deterioration in Japan’s domestic debt position … Japan’s general government indebtedness, however measured, will approach levels unprecedented in the postwar era in the developed world, and as such Japan will be entering ‘uncharted territory’.”

“Uncharted territory” – well, the last time anybody looked, the Japanese government was still comfortably issuing 10 year government debt at around 1 per cent. That Japan’s debt is largely domestically held is irrelevant: the denomination of the debt, NOT the debt holder is the key consideration.

There are only two sectors to issue bonds to, the domestic private and international. US and Japan are on opposite ends of the spectrum, with the US issuing a lot to the latter (though still more domestically in fact), and Japan issuing a lot to the former. The interesting thing is that this hasn't mattered at all in the determination of rates--the key difference affecting relative interest rates between the US/Japan and, say, the periphery countries of the euro zone, has been the nature of the monetary system--the US/Japan are currency issuers under flexible foreign exchange, whilst the member states of the European Monetary Union are not. As Professor Scott Fullwiler indicated to me in a recent email exchange, “For the former, rates follow monetary policy; for the latter, rates follow markets' perceptions of default risk. This is why for the former credit rating downgrades are complete monetary non-events, like QE. Note further that if the int'l sector were to stop buying US debt, this just means that the US trade balance improves and the breakdown of governmet debt sales starts to look more like Japan's.”

To argue otherwise is to ignore the actual causation of the transaction, which is that China exports something to the US in exchange for dollars, and then that money goes into their checking account at the Federal Reserve. It’s called a reserve account because it’s the Federal Reserve, and they give it a fancy name. But in reality it is a checking account, just like you or I use. Now China has three choices with what they can do with the money in their checking account. They could spend it and buy real assets in the US, which would be great for our economy, or they can put it into another currency (say, euros), in which case the dollar declines, which enhances our export position, or they can put it in another account at the Federal Reserve called a Treasury security, which is nothing more than a savings account. In other words, the bond purchase, if it occurs, comes at the end of the transaction and actually ‘funds’ nothing.

Economist Warren Mosler has noted on numerous occasions that China and others buy US Treasury securities primarily to support the dollar versus their own currencies, and thereby drive exports to the US, and not because they are looking for safe investments per se. That is, it's a consequence of their drive for 'competitiveness' and their desire to net save in US dollars. It takes two to tango. And with no Treasury securities China would be forced to buy state debt, corporate debt, euro debt (say, Greek bonds?), equities, etc. which is highly problematic for them for a variety of reasons.

A final question for Mr. Beers: Is government spending so high that the dollar is crashing in international exchange markets? No. Certainly the dollar has its ups and downs -- we've got a floating exchange rate and it is supposed to go up and down. So let’s assume that our dollar falls because China no longer wishes to net save in greenbacks. In fact, this has been occurring over the past several months and the bond market has gone up during this period. If this were to go on long enough, the ultimate impact would be that our external balances improve significantly (as does the likely desire of foreigners to accumulate cheap US assets via FDI), because our exports increase, which means the current account deficit goes down and less bonds are available for China to 'fund' us".

Now that’s not the way I would go as a growth strategy, as it entails a “race to the bottom” as far as wages go. Moreover, if budget deficits are not allowed to grow large enough to enable private domestic agents reduce their overall debt levels, then the economy will remain mired in its stagnant state. With austerity being pursued everywhere it is a fool’s hope to think that net exports are going to swing enough to save the day. But from a straight sectoral balances point of view, if we did export more, these increased exports would mitigate the ability of countries like Japan or China to net save in our currency. By definition, this would also correspondingly reduce their holdings in US Treasuries.

Floating rates float. This is not synonymous with economic and financial degeneracy, as our economic moralists, or the gold bugs seem to imply. Over the past 10 years, the Australian dollar has fluctuated between 50 cents to $1.08 against the greenback. The last time I looked Australia was still surviving and thriving. One can also consider the more extreme case of Russia in 1998, during which its entire financial system imploded and the ruble lost two thirds of its external value against the dollar. Yet the currency itself did not “evaporate” and the ruble remains Russia’s currency unit of account today.

And for those who argue that “markets rule”, it’s interesting to see the initial response: money flooding into the yen, despite the fact that Japan has a credit rating lower than the US (remember, neither Moody’s, nor Fitch, followed the S&P downgrade) , in a country which has a public debt to GDP ratio twice that of the US (not that we think that’s a horrible thing per se). As for the Swiss franc, the other beneficiary of this move, it is worth recalling that but for the Fed opening up dollar swap facilities with the SNB in 2009, the Swiss franc wouldn't be worth the value of a piece of toilet paper that you scrape off your shoe in Grand Central Station.

It is questionable how much of the furor surrounding the downgrade is ideological and how much is really a misunderstanding (an “innocent fraud” in the words of John Kenneth Galbraith). Governments around the world have been led to believe that they need to issue bonds and collect taxes to finance government spending, and that good policies should be judged by their ability to enforce fiscal austerity. Mainstream economists and ratings agencies such as S&P have guided policymakers into imposing artificial constraints on fiscal policy and government finances, such as issuing bonds when running deficits, debt ceilings, forbidding the central bank to directly buy treasury debt, allowing the markets to set interest rates on government bonds, etc.

While last Friday’s downgrade per se probably won't do much, if anything, to interest rates, growth, and employment, ratings agencies like the S&P reinforce the current deflationary state of affairs because their perverse rating actions simply reinforce efforts for further substantial deficit reduction and a balanced budget amendment. Ironically, if the siren songs of “sound finance” are followed, we will get exactly the outcome now predicted by the likes of Michelle Bachmann: the US will become like Greece.


Marshall Auerback is a market analyst and commentator. He is a brainstruster for the Franklin and Eleanor Roosevelt Intitute. He can be reached at MAuer1959@aol.com

We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Aug 19, 2011 10:44 pm


http://www.foodnavigator.com/Financial- ... er%2BDaily

Breaking News on Food & Beverage Development - Europe
Cargill and ABF-owned firm accused of “manipulating” wheat market


By Sarah Hills , 02-Aug-2011

Related topics: Cereals and bakery preparations, Financial & Industry, Food prices

Reports that a company owned by Cargill and ABF bought all the available UK feed wheat last month has renewed calls for tighter regulation of commodity markets.

Traders reportedly told the Bureau of Investigative Journalism that Frontier Agriculture bought all available May Futures contracts on the London International Financial Futures and Options Exchange (Liffe) in the period running up to the tender date in the last week of April.

It has been described as an “unprecedented move” and an attempt to manipulate the market, which Frontier denies.

However, the BIJ says that Frontier is believed to have taken delivery of about 225,000 tonnes of feed wheat now worth about £40m.

Wheat prices have been particularly volatile, increasing by about 70 per cent in the last year. And the price of feed wheat has a knock-on effect on wheat used in food such as bread, as it sets the benchmark price.

Amy Horton, is a campaigner for the World Development Movement, which is calling for effective regulation to curb excessive speculation and improve transparency in commodity markets.

Horton told FoodNavigator.com: “The fact that a single company can buy up the entire British feed wheat harvest for a month demonstrates the need for regulation to stop individual companies from dominating the market in order to drive up prices and profiteer.

“Regulation is also needed to limit the market share of financial speculators, who are not involved in the actual trade of food at all. Instead of trading on the basis of information about supply and demand, they are more likely to follow each other, leading to price bubbles.”

Horton said these bubbles are problematic for food producers, who can’t predict what price they’ll earn for their crops, and for European consumers who face higher food prices.

She added: “Food companies have been adversely affected by high and unstable prices too.”

Frontier is an independent company, with a turnover of more than £750 million, jointly owned by ABF Holdings (a wholly owned subsidiary in the Associated British Foods Group) and Cargill. It did not wish to comment when asked to do so by FoodNavigator.com.

However the Bureau quotes Frontier’s trading director, Jon Duffy, as stating that all the wheat contracts it took physical delivery for were made to secure enough grain to fulfil customers’ orders.

And Frontier strongly rejected any suggestion of an attempt to manipulate the market, without confirming or denying the unusually large trades.

The BIJ added that Frontier’s purchase sent May Futures even higher compared with other contracts.

However, other diverging forces impacting the wheat market have been at play.

Excess rain during harvest in Europe threatens to downgrade wheat quality for the second year running, according to a recent report by Rabobank.

Meanwhile Russia recently lifted its grain export ban (introduced in August 2010), which dragged world wheat export market prices lower in June.

FoodNavigator.com invited both ABF and Cargill to comment but neither felt it was appropriate.

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We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Aug 19, 2011 10:52 pm


http://counterpunch.org/hudson08032011.html

August 3, 2011

The Debt Ceiling Debate That Didn't Happen
War and Debt


By MICHAEL HUDSON

To begin with the most obvious question: If governments run up their debt in the process of carrying out programs that Congress already approved, why would Congress have yet another option to stop the government from following through on these authorized expenditures, by refusing to raise the debt ceiling?

The answer is obvious when one looks at why this fail-safe check was introduced in almost every country of the world. Throughout modern history, war has been the major cause of a rising national debt. Most governments operate in fiscal balance during peacetime, financing their spending and investment by levying taxes and charging user fees. War emergencies push this balance into deficit – sometimes for defensive wars, sometimes for aggression.

In Europe, parliamentary checks on government spending were designed to prevent ambitious rulers from waging war. This was Adam Smith’s great argument against public debts, and his urging that wars be financed on a pay-as-you-go basis. He wrote that if people felt the economic impact of war immediately – rather than postponing it by borrowing – they would be less likely to support military adventurism.

This obviously was not the Tea Party position, nor that of the Republicans. What is so remarkable about the August 2 debt ceiling crisis in the United States is its seeming dissociation with war spending. To be sure, over a third ($350 billion) of the $917 billion cutback in current spending is assigned to the Pentagon. But that simply slows the remarkable escalation rate that has taken place from Iraq to Afghanistan to Libya.

What is even more remarkable is that last month, Democrat Dennis Kucinich and Republican Ron Paul sought to make President Obama obey the conditions of the War Powers Act and get Congressional approval for his war in Libya, as required when warfare goes on for more than three months. This attempt to apply the rule of law to the Imperial Presidency was unsuccessful. Obama clamed that bombing a country was not war. It was only war if a country’s soldiers were being killed. Bombing of Libya was done from the air, at long distance, and perhaps also by drones. So is a bloodless war really a war – bloodless on the aggressor’s side, that is?

Here was precisely the situation for which the debt ceiling rule was introduced in 1917. President Wilson had taken the United States into the Great War, breaking his election campaign promise not to do so. Isolationists in the United States sought to limit America’s commitment, by imposing Congressional oversight and approval of raising the debt ceiling. This safeguard obviously was intended to be used against unscheduled spending that occurred without Congressional approval.

The present rise in U.S. Treasury debt results from two forms of warfare. First is the overtly military Oil War in the Near East, from Iraq to Afghanistan (Pipelinistan) to oil-rich Libya. These adventures will end up costing between $3 and $5 trillion. Second and even more expensive is the more covert yet more costly economic war of Wall Street against the rest of the economy, demanding that losses by banks and financial institutions be passed onto the government balance sheet (“taxpayers”). The bailouts and “free lunch” for Wall Street – by no coincidence, Congress’s number one political campaign contributor – cost $13 trillion.

It seems remarkable that Obama’s major focus on the debt ceiling is to warn that Social Security funding must be cut back, along with that of Medicare and other social programs. He went to far as to say that despite the fact that FICA wage set-asides have been invested in Treasury securities for over half a century, the government might not send out checks this week.
A radical double standard is at work for democracies. Wall Street investors certainly had no such worry. In fact, interest rates on long-term Treasury bonds actually have gone down over the past month, and especially over the last week. So institutional debt holders obviously expected to get paid. Only the Social Security savers were to be stiffed – or was Obama simply trying to threaten them, so as to depict himself as a hero coming in to save their Social Security by negotiating a Grand Bargain?

Wall Street had it right. There was no real crisis. Authorization to raise the public debt ceiling is not a proper occasion to discuss long-term tax policy. Since 1962 – just as the Vietnam War was starting to escalate – it has been raised 74 times. This averages out to about once every eight months. It is like going to a Notary Public – just to make sure that the President is not doing something wrong. Mr. Obama could have asked for a limited vote just on this, without riders. Never before have riders such as this been attached. And even more remarkably, there was no attempt to impose a rider restricting the Obama Administration from spending any more funds on Libya, without getting an official Congressional declaration of war.

Obama could have invoked the 14th Amendment to pay. He could have taken the proposal made by Scott Fullwiler and other UMKC economists for the Treasury to issue a few $1 trillion coins and pay the Fed for Treasury securities, to retire. But Mr. Obama steered right into the debate, turning it into a discussion of how to cut back Social Security and Medicare in the emerging U.S. class war, rather than over extending the Oil War to North Africa.

The first great victory for the financial sector in America’s domestic class war was the Bush “temporary” tax cuts on the wealthy. This aggression was not undone in order to restore budget balance. No temporary tax cuts were revoked, no loopholes closed. The burden of balancing the budget was pushed even further onto the Democratic Party’s own base: urban labor, racial and ethnic minorities, the Eastern and Western seaboards. Yet the Democrats split 95/95 on the vote to raise the debt ceiling by slashing social spending on their major voting constituency.

Voting constituency, but not campaign contributors. That looks like the key to how the debt crisis has unfolded. Although leading Democrats such as Maxine Walters Waters, Dennis Kucinich, Henry Waxman, Barney Frank, Edolphus Towns, Charles Rangel and Jerrold Nadler opposed it (and on the Republican side, Ron Paul, Michele Bachmann and Ben Quayle), much of the principled opposition has come from traditional Republicans. Reagan’s Assistant Treasury Secretary Paul Craig Roberts accused the deal as being too right-wing and favoring the wealthy to a degree threatening to bring on depression.

The essence of classical free market economics was to restrict Executive power – in an epoch when war-making power was the major abuse of national interests. Just as the lower house of bicameral legislatures had taken over the power to commit nations to permanent national debt – rather than royal debts that died with the kings, as were the norm before the 16th century – so parliaments asserted their rights to block warfare.

But now that finance is the new form of warfare – domestically, not externally – where is the power to constrain Treasury and Federal Reserve power to commit taxpayers to bail out financial interests at the top of the economic pyramid? The Fed and other central banks claim that their political “independence” is a “hallmark of democracy.” It seems to be rather a transition to financial oligarchy. And now that finance has joined with the oil industry, major monopolies and privatizers of the public domain, the need for some kind of Congressional oversight is as necessary as was parliamentary power over military spending in times past.

No discussion of this basic principle was voiced in the debt-ceiling debate. Even critics who voted (ostensibly) reluctantly (so as to provide plausible deniability to what no doubt will be their later condemnations of the deal when election time comes around) acted as if they were saving the economy. The reality is that there is now little hope of rebuilding infrastructure as the president promised. Cutbacks in federal revenue sharing will hit cities and states hard, forcing them to sell off yet more land, roads and other assets in the public domain to cover their budget deficit as the U.S. economy sinks further into depression. Congress has just added fiscal deflation to debt deflation, slowing employment even further.

How indeed will they explain all this in the November 2012 elections?


Michael Hudson is a former Wall Street economist. A Distinguished Research Professor at University of Missouri, Kansas City (UMKC), he is the author of many books, including Super Imperialism: The Economic Strategy of American Empire (new ed., Pluto Press, 2002) and Trade, Development and Foreign Debt: A History of Theories of Polarization v. Convergence in the World Economy. He can be reached via his website, mh@michael-hudson.com

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Aug 19, 2011 11:07 pm

.

My favorite Roubini quote is from "Inside Job":

Q. Why do you think there hasn't been a more systematic investigation of wrongdoing?
A. Because then they would find the culprits.


http://www.alternet.org/newsandviews/ar ... ing_itself

Mainstream Economist: Marx Was Right. Capitalism May Be Destroying Itself

Nouriel Roubini is a mainstream economist who teaches at New York University and may be best known as one of the early predictors of the '08 crash.

He is no Marxist.

But today, in an interview with the Wall Street Journal, Roubini admitted that Marx was right about Capitalism and raised the possibility that Capitalism is destroying itself in the way Marx outlined more than a century and a half ago.

I've produced a rough transcript (Roubini's accent gives me some trouble) of the critical portion of this very interesting interview. I urge you to read each word carefully at least once, if not twice.

WSJ: So you painted a bleak picture of sub-par economic growth going forward, with an increased risk of another recession in the near future. That sounds awful. What can government and what can businesses do to get the economy going again or is it just sit and wait and gut it out?

Roubini: Businesses are not doing anything. They're not actually helping. All this risk made them more nervous. There's a value in waiting. They claim they're doing cutbacks because there's excess capacity and not adding workers because there's not enough final demand, but there's a paradox, a Catch-22. If you're not hiring workers, there's not enough labor income, enough consumer confidence, enough consumption, not enough final demand. In the last two or three years, we've actually had a worsening because we've had a massive redistribution of income from labor to capital, from wages to profits, and the inequality of income has increased and the marginal propensity to spend of a household is greater than the marginal propensity of a firm because they have a greater propensity to save, that is firms compared to households. So the redistribution of income and wealth makes the problem of inadequate aggregate demand even worse.


Karl Marx had it right. At some point, Capitalism can destroy itself. You cannot keep on shifting income from labor to Capital without having an excess capacity and a lack of aggregate demand. That's what has happened. We thought that markets worked. They're not working. The individual can be rational. The firm, to survive and thrive, can push labor costs more and more down, but labor costs are someone else's income and consumption. That's why it's a self-destructive process.



The full interview is here.
http://online.wsj.com/video/roubini-war ... F8735.html

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Aug 19, 2011 11:13 pm

.

Greek Austerity Fraud Exposed


http://etfdailynews.com/2011/08/14/mark ... t-tlt-uup/

Market Activity Proving There Are Few Places To Hide (GLD, SLV, TBT, TLT, UUP)
August 14th, 2011

Bryan Rich: When Standard & Poor’s downgraded U.S. government debt last week, everyone was stirring about the prospects of a big sell-off in the dollar (NYSE:UUP) and U.S. Treasuries — but it didn’t happen.

Instead, we witnessed a mass sell-off in nearly all other markets around the world.

Why? Because this is a global economic crisis … not a U.S.-specific economic crisis.

And as we found in 2008, there simply aren’t many safe places to hide in this depression-like environment. In the end, the world’s deepest, most liquid capital markets and currency — U.S. Treasuries and the U.S. dollar — are favored, despite the downgrade.

That indeed makes a clear statement: A downgrade to U.S. government debt is the equivalent of a downgrade to the global economy.

As I wrote in my July 30 column …

“The loss of risk-free status in U.S. government debt would likely spread to other sovereign ratings. After all, ratings are relative — not absolute.”

Already the risk adjustment is underway and so is contagion. Everything is being priced down relative to the downgraded credit worthiness of the U.S. These risk profile adjustments may not be reflected yet by an actual ratings downgrade, but they are being reflected in price.

That has been clearly seen in bank stocks. In fact, on Monday U.S. banks fell the most since 2009.

I also said back in July …

“Perhaps the more troubling part is the systemic damage it would cause.”

In Europe, the story has been all about the dreaded PIG — Portugal, Ireland and Greece. And then in recent months Italy and Spain came under fire, which required the buyer of last resort — the European Central Bank — to quell the downward spiral in those government bond markets.

But this week, one of the two core engines of Europe, which is also one of the key orchestrators of managing the euro-zone crisis, is in the crosshairs: France.

The chart below shows the credit default swaps of France (orange), the U.S. (red) and a major French bank (black).

Image

You can see in this chart the markets are pricing in nearly twice as much risk of a French government default than they were in early July. The difference between the orange line (France) and the red line (the U.S.) indicates that market participants think that France is three times more likely to default than the U.S.

With that, it’s no surprise that French banks also came under attack this week …

In advanced economies, banks often have sizeable exposures to their own domestic government debt. Therefore, when sovereign debt gets downgraded, bank creditworthiness tends to be downgraded, too.

And the vicious cycle is set into motion — where bad banks drag down sovereigns and bad sovereigns drag down banks.

Defaults Ahead

As we’re seeing, there is no painless way to avoid the economic shocks associated with a badly overleveraged world.

The general consensus has been that inflation would be the favored solution. That’s precisely why gold (NYSE:GLD) traded north of $1,800 this week.

But despite central bankers’ best efforts, inflation isn’t in the cards any time soon. Record low yields in U.S. Treasuries confirm that.

And austerity doesn’t seem to be working either. Take Greece for example. Greece has been operating under the austere requirements of the EU and IMF for more than a year. Yet things haven’t gotten better for Greece; they’ve gotten worse — across the board as shown below.

Image

To sum up the above table: Since adopting tough austerity measures, the Greek economic activity is contracting more aggressively. Its debt burden is growing, led by continued worsening deficits — precisely what the austerity plans are crafted to reduce.

The risk premium in Greek government bonds is higher, government revenue is lower, spending is higher and Greece needs even more money to stay afloat.

Put simply: Austerity is not working!

One thing austerity is doing, though, is its killing global growth.

And that’s not good for the outlook of commodities. And historically, a common trigger for global sovereign debt defaults happens to be … falling commodity prices.

As I’ve said many times here in Money and Markets, in a world still working through a historic global financial crisis, we should expect downgrades and we should expect defaults. For your investments, it’s about preservation of capital.

Related: SPDR Gold ETF (NYSE:GLD), iShares Silver Trust (NYSE:SLV), PowerShares DB US Dollar Index Bullish ETF (NYSE:UUP), iShares Barclays 20+ Year Treasury ETF (NYSE:TLT), ProShares UltraShort 20+ Year Treasury ETF (NYSE:TBT).

Regards,

Written By Bryan Rich From Money And Markets

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Sat Aug 20, 2011 12:00 am

.

Citibank kills man over $5700 in credit card debt
posting.php?mode=quote&f=8&p=421355

yathrib wrote:http://www.washingtonpost.com/world/asia-pacific/in-indonesia-scandals-tarnish-citibank/2011/07/14/gIQAoHJrJJ_story.html

Scandals tarnish Citibank’s image in Indonesia
By Andrew Higgins, Published: August 16

TANGERANG, Indonesia — Irzen Octa, a down-on-his-luck Indonesian businessman, suffered a torment familiar to millions of Americans struggling with debts racked up in better times: He feared losing his home.

In the end, he managed to keep the ramshackle two-story house where he and his wife raised their two now-teenage daughters. Instead, Octa, pursued by Citibank over a $5,700 debt on his platinum credit card, lost his life.

The 50-year-old businessman, invited to a Citibank office in Jakarta in late March, collapsed in a tiny room set aside by the U.S. bank for questioning of deadbeat debtors. He died shortly afterward — a casualty of a “harsh interrogation,” said Jakarta police spokesman Baharudin Djafar.

Citibank, Indonesia’s biggest foreign bank, said its internal investigation found no evidence of physical violence.

The tragedy — which came just days after police arrested a Citibank executive in a separate scandal over swindled clients — has tarnished the image of an American icon in the world’s most populous Muslim nation. It also cast a spotlight on a dark corner of international banking — the outsourcing of debt collection to unregulated agents in booming but unruly emerging markets.

The interview room where Octa met Citibank’s debt agents was sealed with yellow tape; police declared it a crime scene. Five people, none of them Citibank employees, have been arrested on suspicion of “group violence” and “mistreatment resulting in death.”

The Indonesian parliament and media have howled in protest at the arm’s-length use of outside debt collectors.

Tigor Siahaan, Citibank’s new boss in Indonesia, said the bank does not “condone, encourage or practice violence, or even harsh language.” Octa, he added, “could have died of natural causes.”

The dead man’s widow blames the bank. “He went into that room in good faith and good health — and ended up dead,” said Esi Ronaldi, who is suing Citibank for $350 million in damages.

At the family home in Tangerang, 20 miles from Jakarta, Ronaldi’s late husband looks down from a red-framed photo on the wall, near a sideboard decorated with a gift from Citibank, presented before Octa stopped paying his bills: a teddy bear with the bank’s logo.

Malinda Dee, the glamorous Citibank banker arrested shortly before Octa’s death, has become a tabloid sensation in the meantime. The two-decade Citibank employee worked as a senior relations manager, cultivating wealthy Indonesian clients from whom she is accused of stealing.

A public relations disaster

With one customer dead, others complaining that they have been robbed and photos of Dee plastered across the news media and on the Web, the giant U.S. bank is scrambling to contain a public relations debacle — and convince clients, local politicians and Indonesia’s central bank that it has just been unlucky.

Savaged in parliament and in the press, the American bank at first remained largely silent in the face of increasingly ghoulish allegations, but in May it sent Citigroup Vice Chairman Lewis B. Kaden to Jakarta to offer assurances that both scandals “are being treated with the utmost seriousness by our senior management.”

The bank, Kaden said in a statement, is “deeply saddened” by Octa’s “sudden and unexpected death” and is eager to “handle this very sad matter with genuine compassion. . . . If we have done anything to suggest otherwise, we sincerely apologize.”

A review of Citibank’s affairs by the Indonesian central bank found that contracts with debt collectors fudged what is supposed to be a mandatory principle: that banks bear ultimate responsibility for the actions of the collection agents they hire.

“There must be something wrong inside Citibank,” said Difi Johansyah, a senior official at the central bank, which supervises banks but not their outsourced agents.

Citibank has said that it is “having discussions” with the central bank about the terms under which it hired debt collectors. Sihaan, Citibank’s Jakarta chief, said that the bank’s image had “taken a hit” but that the bank still managed to increase its client base; three months after the twin scandals broke, it was up 1 percent in Indonesia.

Citibank, a big loser in the collapse of the U.S. housing bubble, has pushed hard since the 2008 financial meltdown and a huge federal bailout to boost profits overseas, particularly in booming Asia.

Opening a new branch in the Indonesian capital last year, Shariq Mukhtar, Citibank’s then-boss in Jakarta, gushed about the “privileges and extraordinary experiences” offered to customers: “We want to be there for them every step of the way.”

But Citibank, like other big foreign banks, stepped aside when it came to getting customers such as Octa — who stopped paying his credit card bill three years ago — to cough up.

Noting that Indonesian debt collectors have a reputation for sometimes aggressive persistence, Johansyah, the central bank official, said: “The best thing to do is just pay.”

Octa’s widow said she first discovered that her husband had money problems when five men showed up uninvited at their Tangerang home one night in October and said they had come to get money. Unable to collect, they slept on a terrace outside the front door.

In the following months, debt collectors kept calling — and Octa’s debts kept rising because of hefty interest. At the end, his debt to Citibank stood at more than $11,000, including financial charges — twice the original amount — but the bank says it was willing to settle for much less. He owed others money, too, and told his family members that they might have to sell their house.

“Wish me luck,” he apparently told his wife before leaving home March 28. “I may be signing a new contract and can settle our debts.” He set off about 6 a.m. on his motorcycle, driving first to a school to drop off his younger daughter and then heading to Jakarta. He had a “very happy face,” his widow recalled.

In the afternoon, a friend of her husband, Tubagus Surya, telephoned from a Citibank office in south Jakarta and told Ronaldi that her husband had “gone.” Surya, who arrived at the Citibank office soon after his friend collapsed, said in a telephone interview that he found Octa sprawled on the floor with his nose bleeding and bruises on his head and abdomen.

“He was clearly not interviewed but tortured,” said the friend, who had worked closely with Octa at the National Unity Party, a small political party that the dead businessman had headed.

Citibank, denying any use of physical force, noted that its interview room, on the fifth floor of an office tower, is off a busy corridor and that any violence would probably have been visible through a narrow glass panel on the door and reported.

Security cameras filmed Octa entering the room in the late morning and exiting in a wheelchair, apparently unconscious or dead, more than two hours later. The interview room has no cameras.

Conflicting accounts

Police have given conflicting accounts of the incident, saying both that Octa’s blood had been found on blinds in the Citibank office and that the “blood” was just a stain. Djafar, the police spokesman, said investigators think debt collectors wanted “to frighten and intimidate” Octa but not kill him.

A doctor who examined Octa’s corpse the day after he died wrote two reports: One said he had suffered “asphyxiation” and a “strike from a blunt instrument”; the other said that he’d had a brain hemorrhage.

To try to buttress its assertions that Citibank and its debt collectors are responsible, a law firm working for the widow had Octa’s body dug up from a cemetery on the outskirts of Jakarta in April. An eminent forensic doctor who examined the decomposing body reported multiple bruises and blamed “blunt violence.” Police rejected this freelance autopsy.

The central bank, meanwhile, has barred Citibank from issuing new credit cards for two years and from using outside collection agents during that period.

Citibank has brought all its debt collection in-house and written off its dead client’s debts. It also offered Octa’s family a monthly stipend, life insurance for his widow and a promise to cover his two daughters’ education. The family, pushing for a bigger payout in court, rejected the offer.
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Sat Aug 20, 2011 2:43 pm

Post by Bruce Dazzling on that S&P downgrade thread

MOODY'S ANALYST BREAKS SILENCE: Says Ratings Agency Rotten To Core With Conflicts
Business Insider
Henry Blodget
8/19/2011


A former senior analyst at Moody's has gone public with his story of how one of the country's most important rating agencies is corrupted to the core.

The analyst, William J. Harrington, worked for Moody's for 11 years, from 1999 until his resignation last year.

From 2006 to 2010, Harrington was a Senior Vice President in the derivative products group, which was responsible for producing many of the disastrous ratings Moody's issued during the housing bubble.

Harrington has made his story public in the form of a 78-page "comment" to the SEC's proposed rules about rating agency reform, which he submitted to the agency on August 8th. The comment is a scathing indictment of Moody's processes, conflicts of interests, and management, and it will likely make Harrington a star witness at any future litigation or hearings on this topic.

The primary conflict of interest at Moody's is well known: The company is paid by the same "issuers" (banks and companies) whose securities it is supposed to objectively rate. This conflict pervades every aspect of Moody's operations, Harrington says. It incentivizes everyone at the company, including analysts, to give Moody's clients the ratings they want, lest the clients fire Moody's and take their business to other ratings agencies.

Moody's analysts whose conclusions prevent Moody's clients from getting what they want, Harrington says, are viewed as "impeding deals" and, thus, harming Moody's business. These analysts are often transferred, disciplined, "harassed," or fired.

In short, Harrington describes a culture of conflict that is so pervasive that it often renders Moody's ratings useless at best and harmful at worst.

Harrington believes the SEC's proposed rules will make the integrity of Moody's ratings worse, not better. He also believes that Moody's recent attempts to reform itself are nothing more than a pretty-looking PR campaign.

We've included highlights of Harrington's story below. Here are some key points:

Moody's ratings often do not reflect its analysts' private conclusions. Instead, rating committees privately conclude that certain securities deserve certain ratings--but then vote with management to give the securities the higher ratings that issuer clients want.

Moody's management and "compliance" officers do everything possible to make issuer clients happy--and they view analysts who do not do the same as "troublesome." Management employs a variety of tactics to transform these troublesome analysts into "pliant corporate citizens" who have Moody's best interests at heart.

Moody's product managers participate in--and vote on--ratings decisions. These product managers are the same people who are directly responsible for keeping clients happy and growing Moody's business.

At least one senior executive lied under oath at the hearings into rating agency conduct. Another executive, who Harrington says exemplified management's emphasis on giving issuers what they wanted, skipped the hearings altogether.

Harrington's story at times reads like score-settling: The constant conflicts and pressures at Moody's clearly grated on him, especially as it became ever clearer that his only incentive not to "cave" to an issuer's every demand was his own self-respect.

But Harrington's story also makes clear just how imperative it is that the ratings-agency problem be addressed and fixed. The current system, in which the government blesses organizations as deeply conflicted as Moody's with the power to determine sanctioned bond ratings is untenable. And the SEC's proposed rule changes won't fix a thing.

Harrington's story is startling, both in its allegations and specificity. (He names many Moody's executives and describes many instances that regulators and plaintiffs will probably want to take a closer look at.)

Given this, we expected Moody's might want to share its side of the story--or denounce Harrington as a disgruntled ex-employee. Instead, Moody's did not return multiple calls seeking comment.

More at the link.




And an interesting find on that thread from 2012 Countdown:

The S&P Downgrade and the Bilderbergers: All Part of the Plan?

by Ellen Brown

What just happened in the stock market?

Last week, the Dow Jones Industrial Average rose or fell by at least 400 points for four straight days, a stock market first.

The worst drop was on Monday, 8-8-11, when the Dow plunged 624 points. Monday was the first day of trading after US Treasury bonds were downgraded from AAA to AA+ by Standard and Poor’s.

But the roller coaster actually began on Tuesday, 8-2-11, the day after the last-minute deal to raise the U.S. debt ceiling -- a deal that was supposed to avoid the downgrade that happened anyway five days later. The Dow changed directions for eight consecutive trading sessions after that, another first.

The volatility was unprecedented, leaving analysts at a loss to explain it. High frequency program trading no doubt added to the wild swings, but why the daily reversals? Why didn’t the market head down and just keep going, as it did in September 2008?

The plunge on 8-8-11 was the worst since 2008 and the sixth largest stock market crash ever. According to Der Spiegel, one of the most widely read periodicals in Europe:

Many economists have been pointing out that last week's panic resembled the fear that swept financial markets after the collapse of US investment bank Lehman Brothers in September 2008.

Then as now, banks stopped lending each other money. Then as now, banks' cash deposits at the central bank doubled within days.

But on Tuesday, August 9, the market gained more points from its low than it lost on Monday. Why? A tug of war seemed to be going on between two titanic forces, one bent on crashing the market, the other on propping it up.

The Dubious S&P Downgrade

Many commentators questioned the validity of the downgrade that threatened to be another Lehman Brothers. Dean Baker, co-director of the Center for Economic and Policy Research, said in a statement:

"The Treasury Department revealed that S&P’s decision was initially based on a $2 trillion error in accounting. However, even after this enormous error was corrected, S&P went ahead with the downgrade. This suggests that S&P had made the decision to downgrade independent of the evidence. [Emphasis added.]

Paul Krugman, writing in the New York Times, was also skeptical, stating:

[E]verything I’ve heard about S&P’s demands suggests that it’s talking nonsense about the US fiscal situation. The agency has suggested that the downgrade depended on the size of agreed deficit reduction over the next decade, with $4 trillion apparently the magic number. Yet US solvency depends hardly at all on what happens in the near or even medium term: an extra trillion in debt adds only a fraction of a percent of GDP to future interest costs . . . .

In short, S&P is just making stuff up — and after the mortgage debacle, they really don’t have that right.

In an illuminating expose posted on Firedoglake on August 5, Jane Hamsher concluded:

It’s becoming more and more obvious that Standard and Poor’s has a political agenda riding on the notion that the US is at risk of default on its debt based on some arbitrary limit to the debt-to-GDP ratio. There is no sound basis for that limit, or for S&P’s insistence on at least a $4 trillion down payment on debt reduction, any more than there is for the crackpot notion that a non-crazy US can be forced to default on its debt. . . .

It’s time the media and Congress started asking Standard and Poors what their political agenda is and whom it serves.

Who Drove the S&P Agenda?

Jason Schwarz shed light on this question in an article on Seeking Alpha titled “The Rise of Financial Terrorism”. He wrote:

[A]fter the market close on Friday August 5th, we received word that S&P CEO Deven Sharma had taken control of the ratings agency and personally led the push for a U.S. downgrade. There is a lot of evidence that he has deliberately tried to trash the U.S. economy. Even after discovering that the S&P debt calculations were off by $2 trillion, Sharma made the decision to go ahead with the unethical downgrade. This is a guy who was a key contributor at the 2009 Bilderberg Summit that organized 120 of the world's richest men and women to push for an end to the dollar as the global reserve currency.

[T]hrough his writings on “competitive strategy” S&P CEO Sharma considers the United States the PROBLEM in today’s world, operating with what he implies is an unfair and reckless advantage. The brutal reality is that for "globalization" to succeed the United States must be torn asunder . . .

Also named by Schwarz as a suspect in the market manipulations was Michel Barnier, head of European Regulation. Barnier triggered an alarming 513-point drop in the Dow on August 4, when he blocked the plan of Hans Hoogervorst, newly appointed Chairman of the International Accounting Standards Board, to save Europe by adopting a new rule called IFRS 9. The rule would have eliminated mark-to-market accounting of sovereign debt from European bank balance sheets. Schwarz writes:

We all should be experts on the dangers of mark-to-market accounting after observing the U.S. banking crisis of 2008/2009 and the Great Depression in the 1930s. Mark-to-market was repealed at 8:45 a.m on April 2, 2009, which finally put a stop to the short term liquidity crisis and at the same time ushered in a stock market recovery. Banks no longer had to raise capital as long term stability was brought back to the system. The exact same scenario would have happened in 2011 Europe under Hoogervorst's plan. Without the threat of failure by those banks who hold high amounts of euro sovereign debt, investors would be free to move on from the European crisis and the stock market could resume its fundamental course.

Schwarz notes that Barnier, like Sharma, was a confirmed attendee at past Bilderberger conferences. What, then, is the agenda of the Bilderbergers?

The One World Company

Daniel Estulin, noted expert on the Bilderbergers, describes that secretive globalist group as “a medium of bringing together financial institutions which are the world’s most powerful and most predatory financial interests.” Writing in June 2011, he said:

Bilderberg isn’t a secret society. . . . It’s a meeting of people who represent a certain ideology. . . . Not OWG [One World Government] or NWO [New World Order] as too many people mistakenly believe. Rather, the ideology is of a ONE WORLD COMPANY LIMITED.

It seems the Bilderbergers are less interested in governing the world than in owning the world. The “world company” was a term first used at a Bilderberger meeting in Canada in 1968 by George Ball, U.S. Undersecretary of State for Economic Affairs and a managing director of banking giants Lehman Brothers and Kuhn Loeb. The world company was to be a new form of colonialism, in which global assets would be acquired by economic rather than military coercion. The company would extend across national boundaries, aggressively engaging in mergers and acquisitions until the assets of the world were subsumed under one privately-owned corporation, with nation-states subservient to a private international central banking system.

Estulin continues:

The idea behind each and every Bilderberg meeting is to create what they themselves call THE ARISTOCRACY OF PURPOSE between European and North American elites on the best way to manage the planet. In other words, the creation of a global network of giant cartels, more powerful than any nation on Earth, destined to control the necessities of life of the rest of humanity.

. . . This explains what George Ball . . . said back in 1968, at a Bilderberg meeting in Canada: “Where does one find a legitimate base for the power of corporate management to make decisions that can profoundly affect the economic life of nations to whose governments they have only limited responsibility?”

That base of power was found in the private global banking system. Estulin goes on:

The problem with today’s system is that the world is run by monetary systems, not by national credit systems. . . . [Y]ou don’t want a monetary system to run the world. You want sovereign nation-states to have their own credit systems, which is the system of their currency. . . . [T]he possibility of productive, non-inflationary credit creation by the state, which is firmly stated in the US Constitution, was excluded by Maastricht [the Treaty of the European Union] as a method of determining economic and financial policy.

The world company acquires assets by preventing governments from issuing their own currencies and credit. Money is created instead by banks as loans at interest. The debts inexorably grow, since more is always owed back than was created in the original loans. (For more on this, see here.) If currencies are not allowed to expand to meet increased costs and growth, the inevitable result is a wave of bankruptcies, foreclosures, and sales of assets at firesale prices. Sales to whom? To the “world company.”

Battle of the Titans

If that was the plan behind the market assaults on August 4 and August 8, however, it evidently failed. What turned the market around, according to Der Spiegel, was the European Central Bank, which saved the day by embarking on a program of buying Spanish and Italian bonds. Sidestepping the Maastricht Treaty, the ECB said it would engage in the equivalent of “quantitative easing,” purchasing bonds with money created with accounting entries on its books. It had done this earlier with Greek and Irish sovereign debt but had resisted doing it with Spanish and Italian bonds, which were much larger obligations. On Tuesday, August 16, the ECB announced that it was engaging in a record $32 billion bond-buying spree in an attempt to appease the markets and save the Eurozone from collapse.

Federal Reserve Chairman Ben Bernanke was also expected to come through with another round of quantitative easing, but his speech on August 9 made no mention of QE3. As blogger Jesse Livermore summarized the market’s response:

. . [T]he markets sold off rather rapidly as no announcement was made about QE3. . . . It wasn’t until . . . the last 75 min of market activity [that] the DJIA gained 639 pts to close at a day high of 11,242. That begs the question, where did that injection of capital come from? The President’s Working Group on Financial Markets? Or did the “policy tools” to promote price stability by any chance include the next round of Quantitative Easing unannounced?

Was that QE3 Incognito, Ben?

Titanic Battle or Insider Trading?

That leaves the question, why the suspicious downgrade on August 5, AFTER the government had made major concessions just to avoid default, and despite the embarrassing revelation that S&P’s figures were off by $2 trillion? Suspicious bloggers have pointed out that Lehman Brothers was brought down by a massive bear raid on 9-11-08, echoing the disaster of 9-11-01; that the S&P downgrade hit the market on 8-8-11; and that the S&P fell exactly 6.66% and the Dow fell exactly 5.55% on that date. In Illuminati lore, these are power numbers, of the sort chosen for power moves.

But we don’t need to turn to numerology to find a motive for proceeding with the downgrade. On August 12, MSN.Money reported that it “wasn't much of a surprise”:

Wall Street had heard a rumor early on that the downgrade was coming. News sites reported the rumor all day.

Unless it was all a huge coincidence, it's likely that someone in the know leaked the information. The questions are who and whether the leak led to early insider trading.

The Daily Mail had the story of someone placing an $850 million bet in the futures market on the prospects of a US debt downgrade:

The latest bet was made on July 21 on trades of 5,370 ten-year Treasury futures and 3,100 Treasury bond futures, reported ETF Daily News.

Now the investor’s gamble seems to have paid off after Standard and Poor’s issued a credit rating downgrade from AAA to AA+ last Friday.

Whoever it is stands to earn a 1,000 per cent return on their money, with the expectation that interest rates will be going up after the downgrade.

The Securities Exchange Commission announced on August 8 that it is investigating the downgrade. According to the Financial Times, the move is part of a preliminary examination into potential insider trading.

Whatever can be said about the first two weeks of August, their market action was unprecedented, unnatural, and bears close observation.

Ellen Brown is president of the Public Banking Institute and the author of eleven books. She developed her research skills as an attorney practicing civil litigation in Los Angeles. In Web of Debt, she turns those skills to an analysis of the Federal Reserve and “the money trust.” Her websites are http://WebofDebt.com and http://PublicBankingInstitute.org.

Ellen Brown is a frequent contributor to Global Research.
---
http://www.globalresearch.ca/index.php? ... &aid=26054
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Sun Aug 21, 2011 1:19 pm

.

Hudson does it again. Read this especially for the two useful-to-know case studies of how ratings agencies directly intervened in politics as bankster-enforcers: that of the Cleveland Muni fight in 1977 (young Mayor Kucinich) and that of Georgia's attempt to regulate fraud in mortgage securities in 2003. And the big picture, of course. The pro-class war column by Robert Barro cited at the end (calling for several varieties of tax increases on the bottom 50 percent, while slashing "entitlements" and cutting taxes further for the top) showed me that I can still be surprised by the temerity of these fuckers...


http://counterpunch.org/hudson08192011.html

August 19 - 21, 2011

Guard-Dogs for the Banks
The Case Against Rating Agencies


By MICHAEL HUDSON

In today’s looming confrontation the ratings agencies are playing the political role of “enforcer” as the gatekeepers to credit, to put pressure on Iceland, Greece and even the United States to pursue creditor-oriented policies that lead inevitably to financial crises. These crises in turn force debtor governments to sell off their assets under distress conditions. In pursuing this guard-dog service to the world’s bankers, the ratings agencies are escalating a political strategy they have long been refined over a generation in the corrupt arena of local U.S. politics.

Why ratings agencies favor public selloffs rather than sound tax policy: The Kucinich Case Study

In 1936, as part of the New Deal’s reform of America’s financial markets, regulators forbid banks and institutional money managers to buy securities deemed “speculative” by “recognized rating manuals.” Insurance companies, pension funds and mutual funds subject to public regulation are required to “take into account” the views of the credit ratings agencies, provided them with a government-sanctioned monopoly. These agencies make their money by offering their “opinions” (for which they have never been legally liable) as to the payment prospects of various grades of security, from AAA (as secure government debt, the top rating because governments always can print the money to pay) down to various depths of junk.

Moody’s, Standard and Poor’s and Fitch focus mainly on stocks and on corporate, state and local bond issues. They make money twice off the same transaction when cities and states balance their budgets by spinning off public enterprises into new corporate entities issuing new bonds and stocks. This business incentive gives the ratings agencies an antipathy to governments that finance themselves on a pay-as-you-go basis (as Adam Smith endorsed) by raising taxes on real estate and other property, income or sales taxes instead of borrowing to cover their spending. The effect of this inherent bias is not to give an opinion about what is economically best for a locality, but rather what makes the most profit for themselves.
Localities are pressured when their rising debt levels lead to a financial stringency. Banks pull back their credit lines, and urge cities and states to pay down their debts by selling off their most viable public enterprises. Offering opinions on this practice has become a big business for the ratings agencies. So it is understandable why their business model opposes policies – and political candidates – that support the idea of basing public financing on taxation rather than by borrowing. This self-interest colors their “opinions.”

If this seems too cynical an explanation for today’s ratings agencies self-serving views, there are sufficient examples going back over thirty years to illustrate their unethical behavior. The first and most notorious case occurred in Cleveland, Ohio, after Dennis Kucinich was elected mayor in 1977. The ratings agencies had been giving the city good marks despite the fact that it had been using bond funds improperly for general operating purposes to covered its budget shortfalls by borrowing, leaving Cleveland with $14.5 million owed to the banks on open short-term credit lines.

Cleveland had a potential cash cow in Municipal Light, which its Progressive Era mayor Tom Johnson had created in 1907 as one of America’s first publicly owned power utilities. It provided the electricity to light Cleveland’s streets and other public uses, as well as providing power to private users. Meanwhile, banks and their leading local clients were heavily invested in Muni Light’s privately owned competitor, the Cleveland Electric Illuminating Company. Members of the Cleveland Trust sat on CEI’s board and wielded a strong influence on the city council to try and take it over. In a series of moves that city officials, the U.S. Senate and regulatory agencies found to be improper (popular usage would say criminal), CEI caused a series of disruptions in service and worked with the banks and ratings agencies to try and force the city to sell it the utility. Banks for their part had their eye on financing a public buyout – and hoped to pressure the city into selling, threatening to pull the plug on its credit lines if it did not surrender Muni Light.

It was to block this privatization that Mr. Kucinich ran for mayor. To free the city from being liable to financial pressure from its vested interests – above all from the banks and private utilities – he sought to put the city’s finances on a sound footing by raising taxes. This threatened to slow borrowing from the banks (thereby shrinking the business of ratings agencies as well), while freeing Cleveland from the pressures that have risen across the United States for cities to start selling off their public enterprises, especially since the 1980s as tax-cutting politicians have left them deeper in debt.

The banks and ratings agencies told Mayor Kucinich that they would back his political career and even hinted financing a run for the governorship if he played ball with them and agreed to sell the electric utility. When he balked, the banks said that they could not renew credit lines to a city that was so reluctant to balance its books by privatizing its most profitable enterprises. This threat was like a credit-card company suddenly demanding payment of the full balance from a customer, saying that if it were not paid, the sheriff would come in and seize property to sell off (usually on credit extended to customers of the bankers).

The ratings agencies chimed in and threatened to downgrade Cleveland’s credit rating if the city did not privatize its utility. The financial tactic was to offer the carrot of corrupting the mayor politically, while using the threat of forcing the city into financial crisis and raising its interest rates. If the economy did not pay higher utility charges as a result of privatization, it would have to pay higher interest.

But standing on principle, the mayor refused to sell the utility, and voters elected to keep Muni light public by a 2-to-1 margin in a referendum. They proceeded to pay down the city’s debt by raising its income-tax rate in order to avoid paying higher rates for privatized electricity. Their choice was thoroughly in line with Book V of Adam Smith’s Wealth of Nations which provides a perspective on how borrowing ends up with a proliferation of taxes to pay the interest. This makes the private sector pay higher prices for its basic needs that Cleveland Mayor Tom Johnson and other Progressive Era leaders a century ago sought to socialize in order to lower the cost of living and doing business in the United States.

The bankers’ alliance with the Cleveland’s wealthy would-be power monopoly led it to be the first U.S. city to default since the Great Depression as the state of Ohio forced it into fiscal receivership in 1979. The banks used the crisis to make an easy gain in buying up bond anticipation notes that were sold under distress conditions exacerbated by the ratings agencies. The banks helped fund Mayor Kucinich’s opponent in the 1979 mayoral race.

But in saving Muni Light he had saved voters hundreds of millions of dollars that the privatizers would have built into their electric rates to cover higher interest charges and financial fees, dividends to stockholders, and exorbitant salaries and stock options. In due course voters came to recognize Kucinich’s achievement and have sent him to Congress since 1997. As for Mini Light’s privately owned rival, the Cleveland Electric Illuminating Company, it achieved notoriety for being primarily responsible for the northeastern United States power blackout in 2003 that left 50 million people without electricity.

The moral is that the ratings agencies’ criterion was simply what was best for the banks, not for the debtor economy issuing the bonds. They were eager to upgrade Cleveland’s credit ratings for doing something injurious – first, borrowing from the banks rather than covering their budget by raising property and income taxes; and second, raising the cost of doing business by selling Muni Light. They threatened to downgrade the city for acting to protect its economic interest and trying to keep its cost of living and doing business low.

The tactics by banks and credit rating agencies have been successful most easily in cities and states that have fallen deeply into debt dependency. The aim is to carve up national assets, by doing to Washington what they sought to do in Cleveland and other cities over the past generation. Similar pressure is being exerted on the international level on Greece and other countries. Ratings agencies act as political “enforcers” to knee-cap economies that refrain from privatization sell-offs to solve debt problems recognized by the markets before the ratings agencies acknowledge the bad financial mode that they endorse for self-serving business reasons.

Why ratings agencies oppose public checks against financial fraud

The danger posed by ratings agencies in pressing the global economy to a race into debt and privatization recently became even more blatant in their drive to give more leeway to abusive financial behavior by banks and underwriters. Former Congressional staffer Matt Stoller cites an example provided by Josh Rosner and Gretchen Morgenson in Reckless Endangerment regarding their support of creditor rights to engage in predatory lending and outright fraud. On January 12, 2003, the state of Georgia passed strong anti-fraud laws drafted by consumer advocates. Four days later, Standard & Poor announced that if Georgia passed anti-fraud penalties for corrupt mortgage brokers and lenders, packaging including such debts could not be given AAA ratings.

“Because of the state’s new Fair Lending Act, S&P said that it would no longer allow mortgage loans originated in Georgia to be placed in mortgage securities that it rated. Moody’s and Fitch soon followed with similar warnings.

“It was a critical blow. S&P’s move meant Georgia lenders would have no access to the securitization money machine; they would either have to keep the loans they made on their own books, or sell them one by one to other institutions. In turn, they made it clear to the public that there would be fewer mortgages funded, dashing “the dream” of homeownership.”


The message was that only bank loans free of legal threat against dishonest behavior were deemed legally risk-free for buyers of securities backed by predatory or fraudulent mortgages. The risk in question was that state agencies would reduce or even nullify payments being extracted by crooked real estate brokers, appraisers and bankers. As Rosner and Morgenson summarize:

“Standard & Poor’s said it was taking action because the new law created liability for any institution that participated in a securitization containing a loan that might be considered predatory. If a Wall Street firm purchased loans that ran afoul of the law and placed them in a mortgage pool, the firm could be liable under the law. Ditto for investors who bought into the pools.

“Transaction parties in securitizations, including depositors, issuers and servicers, might all be subject to penalties for violations under the Georgia Fair Lending Act,” S&P’s press release explained.”


The ratings agencies’ logic is that bondholders will not be able to collect if public entities prosecute financial fraud involved in packaging deceptive mortgage packages and bonds. It is a basic principle of law that receivers or other buyers of stolen property must forfeit it, and the asset returned to the victim. So prosecuting fraud is a threat to the buyer – much as an art collector who bought a stolen painting must give it back, regardless of how much money has been paid to the fence or intermediate art dealer. The ratings agencies do not want this principle to be followed in the financial markets.

We have fallen into quite a muddle when ratings agencies take the position that packaged mortgages can receive AAA ratings only from states that do not protect consumers and debtors against mortgage fraud and predatory finance. The logic is that giving courts the right to prosecute fraud threatens the viability of creditor claims and endorses a race to the bottom. If honesty and viable credit were the objective of ratings agencies, they would give AAA ratings only to states whose courts deterred lenders from engaging in the kind of fraud that has ended up destroying the securitized mortgage binge since September 2008. But protecting the interests of savers or bank customers – and hence even the viability of securitized mortgage packages – is not the task with which ratings agencies are charged.

Masquerading as objective think tanks and research organizations, the ratings agencies act as lobbyists for banks and underwriters by endorsing a race to the bottom – into debt, privatization sell-offs and an erosion of consumer rights and control over fraud. “S&P was aggressively killing mortgage servicing regulation and rules to prevent fraudulent or predatory mortgage lending,” Stoller concludes. “Naomi Klein wrote about S&P and Moody’s being used by Canadian bankers in the early 1990s to threaten a downgrade of that country unless unemployment insurance and health care were slashed.”

The basic conundrum is that anything that interferes with the arbitrary creditor power to make money by trickery, exploitation and outright fraud threatens the collectability of claims. The banks and ratings agencies have wielded this power with such intransigence that they have corrupted the financial system into junk mortgage lending, junk bonds to finance corporate raiders, and computerized gambles in “casino capitalism.” What then is the logic in giving these agencies a public monopoly to impose their “opinions” on behalf of their paying clients, blackballing policies that the financial sector opposes – rulings that institutional investors are legally obliged to obey?

Threats to downgrade the U.S. and other national economies to force pro-financial policies

At the point where claims for payment prove self-destructive, creditors move to their fallback position. Plan B is to foreclose, taking possession of the property of debtors. In the case of public debt, governments are told to privatize the public domain – with banks creating the credit for their customers to buy these assets, typically under fire-sale distress conditions that leave room for capital gains and other financial rake-offs. In cases where foreclosure and forced sell-offs are not able to make creditors whole (as when the economy breaks down), Plan C is for governments simply to bail out the banks, taking bad bank debts and other obligations onto the public balance sheet for taxpayers to make good on.

Standard and Poor’s threat to downgrade of U.S. Treasury bonds from AAA to AA+ would exacerbate the problem if it actually discouraged purchasers from buying these bonds. But on the Monday on August 8, following their Friday evening downgrade, Treasury borrowing rates fell, with short-term T-bills actually in negative territory. That meant that investors had to lose a small margin simply to keep their money safe. So S&P’s opinions are as ineffectual as being a useful guide to markets as they are as a guide to promote good economic policy.

But S&P’s intent was not really to affect the marketability of Treasury bonds. It was a political stunt to promote the idea that the solution to today’s budget deficit is to pursue economic austerity. The message is that President Obama should roll back Social Security and Medicare entitlements so as to free more money for more subsidies, bailouts and tax cuts for the top of the steepening wealth pyramid. Neoliberal Harvard economics professor Robert Barro made this point explicitly in a Wall Street Journal op-ed. Calling the S&P downgrade a “wake-up call” to deal with the budget deficit, he outlined the financial sector’s preferred solution: a vicious class war against labor to reduce living standards and further polarize the U.S. economy between creditors and debtors by shifting taxes off financial speculation and property onto employees and consumers.

“First, make structural reforms to the main entitlement programs, starting with increases in ages of eligibility and a shift to an economically appropriate indexing formula. Second, lower the structure of marginal tax rates in the individual income tax. Third, in the spirit of Reagan's 1986 tax reform, pay for the rate cuts by gradually phasing out the main tax-expenditure items, including preferences for home-mortgage interest, state and local income taxes, and employee fringe benefits—not to mention eliminating ethanol subsidies. Fourth, permanently eliminate corporate and estate taxes, levies that are inefficient and raise little money. Fifth, introduce a broad-based expenditure tax, such as a value-added tax (VAT), with a rate around 10%.”


Bank lobbyist Anders Aslund of the Peterson Institute of International Finance jumped onto the bandwagon by applauding Latvia’s economic disaster (a 20 per cent plunge in GDP, 30 per cent reduction of public-sector salaries and accelerating emigration as a success story for other European countries to follow. As they say, one can’t make this up.”

As the main advocate and ultimate beneficiary of privatization, the financial sector directs debtor economies to sell off their public property and cut social services – while increasing taxes on employees. Populations living in such economies call them hell and seek to emigrate to find work or simply to flee their debts. What else should someone call surging poverty, death rates and alcoholism while a few grow rich? The ratings agencies today are like the IMF in the 1970s and ‘80s. Countries that do not agree sell off their public domain (and give tax deductibility to the interest payments of buyers-on-credit, providing multinationals with income-tax exemption on their takings from the monopolies being privatized) are treated as outlaws and isolated Cuba- or Iran-style.

Such austerity plans are a failed economic model, but the financial sector has managed to gain even as economies are carved up. Their “Plan B” is foreclosure, extending to the national scale. By the 1980s, creditor-planned economies in Third World debtor countries had reached the limit of their credit-worthiness. Under World Bank coordination, a vast market in national infrastructure spending was set up for creditor-nation bank debt, bonds and exports. The projects being financed on credit were mainly to facilitate exports and provide electric power for foreign investments. After Mexico announced its insolvency in 1982 when it no longer could afford to service foreign-currency debt, where were creditors to turn?

Their solution was to use the debt crisis as a lever to start financing these same infrastructure projects all over again, now that most were largely paid for. This time, what was being financed was not new construction, but private-sector buyouts of property that had been financed by the World Bank and its allied consortia of international bankers. There is talk of the U.S. Government selling off its national parks and other real estate, national highways and infrastructure, perhaps the oil reserve, postal service and so forth.

S&P’s “opinion” was treated seriously enough by John Kerry, the 2004 Democratic Presidential nominee, as a warning that America should “get its house in order.” Despite the fact that on page 4 of its 8-page explanation of why it downgraded Treasury bonds, S&P’s stated: “We have changed our assumption on this because the majority of Republicans in Congress continue to resist any measure that would raise revenues, a position we believe Congress reinforced by passing the act,” Democrat Kerry was one of the three senators appointed to the commission under the debt-ceiling agreement. He chimed in to endorse the S&P action as a helpful nudge for the country to deal with its “entitlements” program – as if Social Security and FICA withholding were a kind of welfare, not actual savings put in by labor, to be wiped out as the government empties its coffers to bail out Wall Street’s high rollers.

No less a financial publication than the Wall Street Journal has come to the conclusion that “in a perfect world, S&P wouldn't exist. And neither would its rivals Moody's Investors Service and Fitch Ratings Ltd. At least not in their current roles as global judges and juries of corporate and government bonds.” As its financial editor Francesco Guerrera wrote quite eloquently in the aftermath of S&P’s bold threat to downgrade the U.S. Treasury’s credit rating: “The historic decision taken by S&P on Aug. 5 is the culmination of 75 years of policy mistakes that ended up delegating a key regulatory function to three for-profit entities.”

The behavior of leading banks and ratings agencies with Cleveland and other similar cases – of promising to give good ratings to states, counties and cities that agree to pay off short-term bank debt by selling off their crown jewels – is not ostensibly criminal under the law (except when their hit men actually succeed in assassination). But the ratings agencies have made an compact with crooks to endorse only public borrowers that agree to pursue such policies and not to prosecute financial fraud.

To acquiescence in such economically destructive financial behavior is the opposite of fiscal responsibility. Cutting federal taxes and Social Security payments to obtain a more positive S&P “opinion” would give banks an ability to “pull the plug” and force privatization and anti-labor austerity plans by refraining from rolling over the U.S. debt – and cutting taxes Tea-Party style rather than funding spending by taxation on a pay-as-you-go-basis.

The present meltdown of the euro provides an object lesson for why policy-making never should be left to central bankers, because their mentality is pro-creditor. Otherwise they would not have the political reliability demanded by the financial sector that has captured the central bank, Treasury and regulatory agencies to gain veto power over who is appointed. Given their preference for debt deflation of the “real” economy – while trying to inflate asset prices by promoting the banks’ product (debt creation) – central bank and Treasury solutions tend to aggravate economic downturns. This is self-destructive because today’s major problem blocking recovery is over-indebtedness.


Michael Hudson is a former Wall Street economist. A Distinguished Research Professor at University of Missouri, Kansas City (UMKC), he is the author of many books, including Super Imperialism: The Economic Strategy of American Empire (new ed., Pluto Press, 2002) and Trade, Development and Foreign Debt: A History of Theories of Polarization v. Convergence in the World Economy. He can be reached via his website, mh@michael-hudson.com
We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Sun Aug 21, 2011 6:21 pm

.

Catching up on scrapbooking collected interesting articles from the last weeks:

Via Yves Smith, great speech by James Galbraith (the good G. brother, the economist, afaik). This is a must read, all of it!


http://www.nakedcapitalism.com/2011/08/ ... -mess.html

Sunday, August 7, 2011

James Galbraith on How Fraud and Bad Economic Thinking Got Us in This Mess

Yves here. Our resident mortgage maven Tom Adams pointed me to a speech by James Galbraith via selise at FireDogLake, which discusses, among other things, how certain key lines of thinking are effectively absent from economics, as well as a lengthy discussion of the failure to consider the role of fraud. Galbraith is not exaggerating. The landmark 1994 paper on looting, or bankruptcy for profit, by George Akerlof and Paul Romer, was completely ignored from a policy standpoint even though it explained why the US had a savings and loan crisis.

Similarly, Galbraith refers to an incident at the most recent Institute for New Economic Thinking conference, in which he stood up and said, more or less, that he couldn’t believe he has just heard a panel discussion on the financial crisis and no one mentioned fraud. The stunning part was how utterly unreceptive the panel and the audience were to his observation. You’d think he’d had the bad taste to say the host had syphilis.

I strongly urge you to read the entire piece; non-economists may want to skim the first third and focus on the crisis material and what follows. This is the key paragraph:

This is the diagnosis of an irreversible disease. The corruption and collapse of the rule of law, in the financial sphere, is basically irreparable. It’s not just that restoring trust takes a long time. It’s that under the new technological order in this field, it can not be done. The technologies are designed to sow and foster distrust and that is the consequence of using them. The recent experience proves this, it seems to me. And therefore there can be no return to the way things were before. In other words, we are at the end of the illusion of a market place in the financial sphere.

By James Galbraith, delivered as the keynote lecture to the 5th annual “Dijon” conference on Post Keynesian economics.

You may also listen to the audio recording

It’s of course a great privilege for me to be here in this role and especially on the occasion of the 75th anniversary of the publication of the General Theory.

Two years ago, as you may recall, our profession enjoyed a moment of ferment. Economists who had built their careers on inflation targeting, rational expectations, representative agents, the efficient markets hypothesis, dynamic stochastic general equilibrium models, the virtues of deregulation and privatization and the Great Moderation were forced by events momentarily to shut up. The fact that they had been absurdly, conspicuously and even in some cases admittedly wrong imposed even a little humility on a few. One senior American legal policy intellectual, a fellow traveler of the Chicago School, announced his conversion to Keynesianism as though it were news.

The apogee of this moment was the publication in the New York Times Sunday Magazine of Paul Krugman’s essay, How The Economists Got It So Wrong. And in it, I noticed, Krugman admitted, and I’ll quote, that:

… a few economists challenged the assumption of rational behavior, questioned the belief that financial markets can be trusted and pointed to the long history of financial crises that had devastating economic consequences. But they were swimming against the tide, unable to make much headway against a pervasive and, in retrospect, foolish complacency

.

And I must say, looking out on this audience, it would be fair to say that there were more than just a few and it’s a pleasure to be here among you.

In keeping with mainstream practice, Krugman named almost nobody. So, in a reply essay entitled, Who Were Those Economists, Anyway?, I described the neglected, ignored and denied second and third generation work largely, though not entirely, in the tradition of Keynes which did get it right. I could have named many more than I did including many in this room.

Let me begin therefore here by distinguishing between the three major lines of Keynesian thought that did in fact get it right—that had bearing and application on the events through which we have just passed. And I will honor the well remembered and beloved by identifying these lines with Wynne Godley, Hyman Minsky and Galbraith père.

Godley, of course, worked in the Keynes, Kuznets, Kalecki, Kaldor tradition of macroeconomic models attentive to national income accounting identities and to consistency between stocks and flows. The virtue of this approach is clarity and a comparative lack of overreaching ambition. Models of this type say nothing false which may not seem like much, but it’s a huge advantage over the starting position in mainstream economics which consists of nothing which is true. And the models direct you to check whether factual claims make sense given everything that they may imply.

Thus, that the federal surpluses in the United States’ budget in the late 1990′s implied unsustainable private debts was clear to those working in this tradition at the time. Just as, the fact that household debt burdens were again unsustainable was clear in the 2000′s. Again, perhaps it seems like not much, because it is simply an argument rooted in the national income accounts, until you remember that policy in a country like the United States is very strongly influenced by the macroeconomic forecasting of institutions like the Congressional Budget Office which impose no such consistency constraints on their models and do not check to see whether forecasts in one area imply reasonable and plausible outcomes in another. For this reason, much of that work is essentially nonsense.

Hyman Minsky developed an economics of financial instability, of instability bred by stability itself, the intrinsic consequence of overconfidence mixed with ambition and greed. Minsky’s approach, very different from Godley’s, is conceptual rather than statistical. A key virtue is that it puts finance at the center of economic analysis, analytically inseparable from what is sometimes called real economic activity, for the simple reason that capitalistic economies are run by banks. And, of course, his second great insight is into the dynamics of phase transitions: the famous movement from the hedge position to the speculative position to the intrinsically unsustainable, doomed to collapse ponzi position which arises from within the system and is subject actually to formalization in the endogenous instabilities of non-linear dynamical models.

To grasp what Minsky is about, it seems to me, is to go immediately beyond the coarse notion of the “Minsky moment,” a concept which implies falsely that there are also non-Minsky moments. It is to recognize that the financial system is both necessary and dangerous, that strict financial regulation is both indispensable and imperfect. Right away the idiocy of a concept like the “Great Moderation” becomes apparent. Just as with any machinery from an automobile to a nuclear reactor, a long record of stable performance does not prove that the controls and the backup systems are perfect anymore than it can show that they are unnecessary. Argument otherwise, whether made by the head of the central bank or an applicant for a license extension before the Nuclear Regulatory Commission is the mark of a crank.

The Galbraithian line, is allied to and descended from Keynes in the same sense that my father’s work was; accepting the central role of aggregate effective demand, the national income accounts, the credit circuit view of economic life and the financial instability hypothesis. But, it is also embedded in a legal institutionalist framework, rooted in pragmatism, framed by Thorstein Veblen and John Commons, forged in the political economy of the New Deal in the United States. This tradition emphasizes the role played in financial crisis by the breakdown of law and the failure of governance and regulation — and the role played by technology as a tool in the hands of finance for the purpose of breaking down and evading the law.

I want to stress this today, and not just for family reasons, because I think it remains the least familiar of the three, I would say, broadly Keynesian lines of analysis are most pertinent for an understanding of what we’ve been through and are still going through.

When you engage the mainstream on the national income accounts, at least they know what the damn things are. And these days you can even get, though for who knows how much longer, a respectful mention of Minsky even from someone like Larry Summers, if not any sign that he has actually read him.

What you cannot get – not at a meeting sponsored by the International Monetary Fund, not from the participants at the Institute for New Economic Thinking – is any serious discussion of contract law and fraud. I’ve tried, repeatedly. No one will deny, in response to the question, the role that fraud played in the financial debacle. How could they? But they won’t discuss it either. And it seems to me, this reflects a logic which bears pursuing.

Why not? Why is this one of the great taboo topics of our modern economic history? Well, personal complicity, frankly, plays a role among present and former government officials, regulators, consultants and the academics who advised them and those who either played the markets or took fees from those who did.

At the INET conference at Bretton Woods, a few weeks ago, Mr. Summers stated that he was — it was a wonderful phrase — that he was not among those who regard financial innovation as necessarily evil. I took a note as I heard him say that, I thought that really bears quoting.

There is a web of negligence and complicity here. Of culpability, abetted by the way universities are funded and by what they teach.

But it’s more than that. Let me try to frame it in somewhat more abstract terms. I would say that the commodity is the foundation stone of conventional economics. That the theory of exchange requires the commodification of tradable artifacts. Without that, there is no supply and demand. A world of contracts, each backed by a separate and distinct set of promises each only as good as the commitments made specifically and the ability of the laws and courts to enforce them, is a different sort of world. Just because you can call a set of such contracts by a name, “collateralized debt obligation” or “credit default swap”, and just because you can create something — you may even be able to create something called an exchange to trade them on — does not make them into commodities with a meaningful market price.

Complexity here is what is going to defeat the market with, in principle, infinite variability, and in practice, more distinct features than one can keep up with. In great volume, contracts of these kinds are per se hyper-vulnerable to fraud. Examples range from the New Jersey phone company that simply printed made-up fees on its bills hoping that no one would notice and for a long time nobody did, to the fact that almost no one at the insurance giant AIG realized that the CDS contracts they were selling contained a cash collateral clause, something that would cost them billions at a time when they didn’t have access to the cash. They range from unnoticed provisions permitting CDO managers to substitute worse for better mortgages in previously sold packages without notifying the investors, to the Mortgage Electronic Registration System and the pervasive incentive to document fraud in the foreclosure process.

The concession that fraud was present in this process is like the phrase, “Minsky moment.” Although true and although it concedes something, it doesn’t begin to cover the case. Even to say that fraud overwhelmed the system doesn’t go far enough.

I highly recommend to you, if you haven’t done so, that you read the Financial Crisis Inquiry Commission Report just published in the United States, or the even more recent report of the Senate Permanent Committee on Investigations, the many reports of the Congressional Oversight Panel and the report of the Special Inspector General for the Troubled Asset Relief Fund, SIGTARP. These are, by the way, very, very good documents prepared by serious public servants and it’s plain as day. Fraud was not a bug in the system, it was a feature. The word itself, along with abusive, egregious, reckless and even criminogenic suffuses these accounts of what went on.

Godleyans teach that stocks can not be separated from flows. Minskyans teach that finance can not be separated from reality. And my father’s tradition is that the legal and the technological can not be separated. The financial world, as it exists, has nothing to do with the commodity world of real exchange economics with its delicate balance of interacting forces. It is the world of technology at play in the form of quasi mass produced legal instruments of uncontrolled complexity. It is the world of, in other words, of evolutionary specialization in the never ending dance of predator and prey. In nature, when predators achieve an overwhelming advantage, the prey suffer a population crash, from which the predators in turn suffer later on. In economics it’s a financial crash, but process and dynamics are essentially similar.

Corporate fraud is not new; financial fraud is not new. What was new here was the scale and complexity of debt obligations, backed by mortgages. Mortgages are not like, say, common stocks which although issued in the millions are each an identical claim on a company’s net worth. Mortgages are each a claim on the revenue stream of a different household, backed by homes of a diversity made irreducible by the simple fact that each one is in a different place. Long-term mortgages have existed since the New Deal, in the U.S., but they were rendered manageable for decades by their simple uniform structure, their substantial margin of safety and the fact that the secondary markets were public and imposed standards on what could be issued and on what could be passed on to the agencies created for refunding those markets. And what this meant was that supervision was possible. There could be a well understood code covering what was right and what was wrong along side practitioners who understood the ethics of the matter and enforcement officers who could work with them fairly smoothly for the most part and intervene when abuses became apparent.

In the computer age, on the other hand, we entered the world of private labeled securitization, of negative amortization payment optional Adjustable Rate Mortgage with a piggyback to cover the down payment. Oh, and documentation optional.

There was a private vocabulary, well-known in the industry, covering these loans and related financial products: liars’ loans, NINJA loans (the borrowers had no income, no job or assets), neutron loans (loans that would explode destroying the people but leaving the buildings intact), toxic waste (the residue of the securitization process). I suggest that this tells you that those who sold these products knew or suspected that their line of work was not one hundred percent honest. Think of the restaurant where the wait staff refers to the food as scum, sludge and sewage.

To learn as we do from the excellent book by Bethany McLean and Joe Nocera, All the Devils are Here, that at the dominant mortgage originator in the United States, Ameriquest, the office chiefs fed their sales staff crystal methamphetamine to keep them going. It just adds a touch of telling detail, as does the fact that the founder of Ameriquest ended his career as the United States Ambassador to the Netherlands.

Rendering such complex and numberless debt instruments comparable requires a statistical approach based on indicators. And that launches into a world which was not imaginable in, say, 1927. The world of credit scores, ratings and algorithms, a world of derivative and super derivative instruments of sliced and diced residential mortgage backed securities, collateralized debt obligations, synthetic CDOs, synthetic CDOs squared, credit default swaps — all designed to secure that triple-A rating and to place the instruments which had been counterfeited to begin with — they looked like mortgages but were not really mortgages. Laundered, that is to say, transformed from the trash that they were into a triple-A security and fenced, which is to say, sold to the legitimate investment market by an intermediary called a commercial or an investment bank. To place these counterfeit, laundered and fenced instruments into the hands of of the mark. The mark. And who was the mark? Michael Lewis, in the The Big Short tells us who the mark was. The mark had a name in the industry, they would say, “who are we selling this stuff to?” And the answer would come back, “Düsseldorf.”

The Texas institutionalist, Clarence Ayres, to bring you a voice from my home territory in Austin, Texas, stressed most strongly the role of technology and the irreversible contribution of new tools to the production process. In finance, it’s the algorithm that is this tool, it seems to me. A radically cheap substitute for underwriting, a device for converting the financial gain into a computerized casino in the strict sense where one can never be sure by how much the house is bending the rules. We observed only, as I’ve already mentioned, that no one at AIG FP knew they had cash collateral clauses in those contracts, that the holders of synthetic CDOs did not know that they were getting a worse mortgage substituted for a better one, that the ratings model did not factor in the default risk when mortgages were issued with two-year teaser rates and so on and so forth.

Keynes, I think, understood these issues very well so far as they went in his time as an active player in the speculative markets. And this is what led him to argue that those markets should be small, expensive to access and restricted to those who could afford to play and lose. He did not think they should be repressed entirely, partly because he enjoyed them and partly because as he famously said, it is better for a man to tyrannize over his bank balance than over his fellow man. But in Keynesian terms, it seems to me, what we have seen since the financial crash should be no surprise at all. That is to say, the failure of the world economy and particularly of the financialized economies of Europe and North America, to recover from this debacle is a product of the character of the debacle itself. Absolute distrust, leading to absolute liquidity preference is the incurable consequence, it seems to me, of financial fraud.

I say incurable. This is the diagnosis of an irreversible disease. The corruption and collapse of the rule of law, in the financial sphere, is basically irreparable. It’s not just that restoring trust takes a long time. It’s that under the new technological order in this field, it can not be done. The technologies are designed to sow and foster distrust and that is the consequence of using them. The recent experience proves this, it seems to me. And therefore there can be no return to the way things were before. In other words, we are at the end of the illusion of a market place in the financial sphere.

Let me take this analysis and bring it to bear momentarily on Europe. We speak in a common place way these days of the Greek crisis, the Irish crisis, the Portuguese crisis and so forth, as though these were distinct financial events. This fosters the impression that each can be resolved by appropriate agreement between the creditors, headquartered in Frankfurt, Brussels, Berlin, Paris, and the debtors taken one by one. Good behavior, taking the form of a suitable austerity will be rewarded by a return to normal credit conditions and market access. That, at least, is the official presumption. The financial market, in this imagery, is severe but fair, she cracks the whip on the profligate but praises and rewards the prim.

But that Greece has a weak tax system and a big civil service was hardly news. It’s a fact that’s been true for decades, overlooked in the good times and surfaced when convenient. That Ireland had a housing boom that was intrinsically unsustainable was surely hardly news. The initial shock to Europe didn’t come from the discovery of these facts, it came from American mortgage markets. When European banks and other investors realized the extent of their losses, beginning in late 2008, they looked for ways to protect themselves and they did this as any sensible investor would, by selling the weak assets and buying strong ones: German, French bonds and above all United States treasuries. That is why yields rose on all the small peripheral countries and fell on the big ones despite the very different circumstances in the countries that were badly affected.

It’s obvious that Greece cannot implement the programs demanded of it without crashing its GDP, and driving up its debt to GDP ratio on that account. But even if it could, any event, affecting any European country, or for that matter, some place else in the world, could sink Greece again irrespective of what Greece does. So, there is no national policy solution and no financial market solution. That is the meaning of the negotiations now underway in Luxembourg and elsewhere. There will be a restructuring or a default, and there must be an economic and not merely a financial rescue. And beyond that there obviously must be not only a new European architecture, but a new financial architecture that is not built around the banks as they exist today and the credit markets as they came to exist in the period before the crisis. Either that or the depression in Europe will simply go on and on. Until eventually the European Union falls apart.

That’s what I mean when I say that practically speaking what we’re dealing with here and what we need to recognize is not an interruption to a long process of economic growth, a recession or some shock to aggregate demand. It is an incurable disease at the heart of the system.

Our challenge as Keynesians, now, is to work out the practical implications of this reality and to spell out a course of action. And perhaps the first step that we should take, it seems to me, is clearly to condemn what I’ll call the False Keynesianism that came briefly to power with the new Administration in America in 2009.

In January of that year, as you recall, the new Administration announced the need for stimulus or a recovery program. Without it they calculated unemployment might rise as high as 9% by 2010 before beginning to decline again. With it, they forecast unemployment would be held to 8%, recovery would begin in mid-2009 and by early 2011, that is to say now, unemployment would be down to 7% on its way back to 5% by 2013. It’s 9% in the United States, as we speak.

The forecast was a political and an economic disaster, but in retrospect, it’s most interesting for what it tells us about those who made it. Plainly they did not understand, perhaps they did not wish to understand, what was going on. They adopted the assumption of a glide path back to 5% unemployment, which meant that the natural rate of unemployment — the most un-Keynesian and anti-Keynesian concept ever devised in modern economics was built into the mentality and the computer models that they were using. The only issue was the speed of adjustment and whether a little boost would help us get there a little faster. The stimulus package was not meant to provide a substantive response to the crisis, but just to increase that speed of adjustment by a small amount.

Plainly, in short, there was no real crisis in the minds of those who took office in 2009. There was just an unusually deep recession, a Great Recession it came to be called, and the recession would end. Chairman Bernanke of the Federal Reserve Board said from the beginning, the recession will end, the economy will recover. He did not say how he knew, but when it did he was sure things would return to the normal prosperity of the mid-2000s. It was the mindlessness of output gaps the consensus business cycle forecasting and of Okun’s law. The Minsky moment would surely pass.

This is a bad movie and we have, of course, seen it before. You may recall that in 1960 the Uncle of, as it happens, of Larry Summers, co-invented a concept called the Phillips curve, stipulating on very weak empirical evidence and no clear theory the relationship between the unemployment rate and the rate of inflation. True Keynesians, including my teacher, Nicholas Kaldor, Joan Robinson, Robert Eisner, a great hero of mine, and my father were appalled. The construct was doomed to collapse and when it did, after 1970, the school that most people thought of as Keynesian was swept away in the backwash.

Today, the failure behind the recovery forecast is conflated with the failure of the stimulus itself and the same thing is happening again. Those who failed most miserably to forewarn against the financial crisis have, as a consequence, regained their voices as scourges of deficits and public debt. There is a chorus of doom as those who once thought the new paradigm could go on forever are now inveighed against living beyond our means and foretell federal bankruptcy and the collapse of the dollar and the world monetary system amongst other scary fairy tales. This includes such luminaries as the leadership of the International Monetary Fund and of all things, the analytical division of Standard and Poor’s — an enterprise on which one might hope at least a small amount of modesty might have developed or devolved in the wake of recent events.

It would be pathetic if it were not so dangerous. But the fact is, these forces are moving down a highway which has been cleared of obstacles by the retreat, indeed the destruction of the False Keynesian position.

So it’s our task, it seems to me, against the odds, to build a new line of resistance. And I’ll wind up by saying that I think that line must have at least the following elements in it:

First, an understanding of the money accounting relationships, that pertain within societies and between them, so that we cannot be panicked by mere financial ratios into self-destructive social policies or condemn ourselves to lives of economic stagnation and human waste. And in particular I should add, since it’s important in Denmark at the moment, to the destruction of social welfare systems and pension systems which provided the foundation of a decent life for a large part of the population for decades.

Second, an effective analysis of the ongoing debt deflation, the banking debacle and the inadequate fiscal and illusory monetary policy responses so far. In America and in Europe, this is a crisis primarily of banks not of governments and it’s for us to call attention to this fact.

Third, a full analysis of the criminal activity that destroyed the banking sector, including its technological foundation, so as to quell the illusion that these markets can effectively be restored to anything like their form of 4 or 5 years ago. As part of this, obviously, it would be useful to have a renewed commitment to expose crime, to punish the guilty, and enforce the laws. Post Keynesian Economists for a More Effective FBI, I think is a splinter organization I would be happy to sponsor and solicit your membership in.

Fourth, an understanding of the way in which financial markets interact with the changing geophysics of energy, especially oil, with the commodity markets to choke off economic recovery unless the energy problem is addressed squarely. I think that’s something that we’re seeing happening now.

Fifth, a new strategic direction to redesign and rebuild our societies for the challenges of aging, infrastructure, energy, climate change and shared development which we all face. And to create the institutions required to make this happen. That requires, I think, from an intellectual point of view, a merger of the Keynesian, Post-Keynesian and the Institutionalists traditions which is, in fact, something that is already underway.

Sixth, to achieve these goals by mobilizing human brains and muscles to overcome unemployment and to assure a widely-shared, decent, and reasonably egalitarian society according to the most successful and enduring social models, by which I mean a commitment to the deepest policy principles that Keynes himself held and also an understanding that we should use history as a guide to what has worked and what does not.

And seventh, the reconstruction of the instruments of public power — the power to spend, the power to tax, the money power and the power to regulate — so as to effectively pursue these goals with democratic checks and balances to prevent the capture of new state institutions by predatory forces.

I will not pretend, as Keynes did, that nothing stands in the way but a few old gentlemen in frock coats who require only to be bowled over like nine pins and might enjoy it if they were.

We should take on this challenge simply as a matter of conscience. We are not contestants for power. It is for us a matter of professional responsibility and civic duty.

My friend Bill Black, who has some experience in this area, likes to say, in the words of William of Orange, that it is not necessary to hope in order to persevere.

Thank you very much, for the pleasure and honor of making these remarks.



Topics: Banana republic, Banking industry, Credit markets, Derivatives, Doomsday scenarios, Free markets and their discontents, Guest Post, moral hazard, Regulations and regulators, Social policy, Social values, The dismal science




More Yves Smith, in her own words, guest-blogging for Greenwald:


http://www.salon.com/news/opinion/glenn ... index.html

Thursday, Aug 11, 2011 19:56 ET
Income inequality is bad for rich people too
While Glenn Greenwald is away, Yves Smith of Naked Capitalism will be filing periodic guest posts

By Yves Smith

One of the major fights in the debt ceiling battle is how much top earners should contribute to efforts to close deficits. Australian economist John Quiggin makes an eloquent case as to why they need to pony up:

My analysis is quite simple and follows the apocryphal statement attributed to Willie Sutton. The wealth that has accrued to those in the top 1 per cent of the US income distribution is so massive that any serious policy program must begin by clawing it back.

If their 25 per cent, or the great bulk of it, is off-limits, then it’s impossible to see any good resolution of the current US crisis. It’s unsurprising that lots of voters are unwilling to pay higher taxes, even to prevent the complete collapse of public sector services. Median household income has been static or declining for the past decade, household wealth has fallen by something like 50 per cent (at least for ordinary households whose wealth, if they have any, is dominated by home equity) and the easy credit that made the whole process tolerable for decades has disappeared. In these circumstances, welshing on obligations to retired teachers, police officers and firefighters looks only fair.

In both policy and political terms, nothing can be achieved under these circumstances, except at the expense of the top 1 per cent. This is a contingent, but inescapable fact about massively unequal, and economically stagnant, societies like the US in 2010. By contrast, in a society like that of the 1950s and 1960s, where most people could plausibly regard themselves as middle class and where middle class incomes were steadily rising, the big questions could be put in terms of the mix of public goods and private income that was best for the representative middle class citizen. The question of how much (more) to tax the very rich was secondary – their share of national income was already at an all time low.


And the fares of the have versus the have-nots continue to diverge. A new survey found that 64% of the public doesn't have enough funds on hand to cope with a $1000 emergency. Wages are falling for 90% of the population. And disabuse yourself of the idea that the rich might decide to bestow their largesse on the rest of us. Various studies have found that upper class individuals are less empathetic and altruistic than lower status individuals.

This outcome is not accidental. Taxes on top earners are the lowest in three generations. Yet their complaints about the prospect of an increase to a level that is still awfully low by recent historical standards is remarkable.

Given that this rise in wealth has been accompanied by an increase in the power of those at the top, is there any hope for achieving a more just society? Bizarrely, the self interest of the upper crust argues in favor of it. Profoundly unequal societies are bad for everyone, including the rich.

First, numerous studies have ascertained that more money does not make people happier beyond a threshold level that is not all that high. Once people have enough to pay for a reasonable level of expenses and build up a safety buffer, more money does not produce more happiness.

But even more important is that high levels of income inequality exert a toll on all, particularly on health. Would you trade a shorter lifespan for a much higher level of wealth? Most people would say no, yet that is precisely the effect that the redesigning of economic arrangements to serve the needs at the very top is producing. Highly unequal societies are unhealthy for their members, even members of the highest strata. Not only do these societies score worse on all sorts of indicators of social well-being, but they exert a toll even on the rich. Not only do the plutocrats have less fun, but a number of studies have found that income inequality lowers the life expectancy even of the rich. As Micheal Prowse explained in the Financial Times:

Those who would deny a link between health and inequality must first grapple with the following paradox. There is a strong relationship between income and health within countries. In any nation you will find that people on high incomes tend to live longer and have fewer chronic illnesses than people on low incomes.

Yet, if you look for differences between countries, the relationship between income and health largely disintegrates. Rich Americans, for instance, are healthier on average than poor Americans, as measured by life expectancy. But, although the US is a much richer country than, say, Greece, Americans on average have a lower life expectancy than Greeks. More income, it seems, gives you a health advantage with respect to your fellow citizens, but not with respect to people living in other countries….

Once a floor standard of living is attained, people tend to be healthier when three conditions hold: they are valued and respected by others; they feel ‘in control’ in their work and home lives; and they enjoy a dense network of social contacts. Economically unequal societies tend to do poorly in all three respects: they tend to be characterised by big status differences, by big differences in people’s sense of control and by low levels of civic participation….

Unequal societies, in other words, will remain unhealthy societies – and also unhappy societies – no matter how wealthy they become. Their advocates – those who see no reason whatever to curb ever-widening income differentials – have a lot of explaining to do.


It's easy to see how "big status differences" alone have an impact. The wider income differentials are, the less people mix across income lines, and the more opportunties there are for stratification within income groups. Thus a decline in income can easily put one in the position of suddenly not being able to participate fully or at all in one's former social cohort (what do you give up, the country club membership? the kids' private schools? the charities on which you give enough to be on special committees?). And lose enough of these activities that have a steep cost of entry but are part of your social life, and you lose a lot of your supposed friends. Making new friends over the age of 35 is not easy.

So a perceived threat to one's income is much more serious business to the well-off than it might seem to those on the other side of the looking glass. Loss of social position is a fraught business indeed.

Robert Frank has also pointed out that the issue is relative status. Changes that hit all members of a particular cohort more or less the same way does not disrupt the existing social order:

As psychologists have long known, individuals typically find belt-tightening painful. But recent psychological research suggests that if all in that group spent less in unison, their perceptions of their standard of living would remain essentially unchanged....

With less after-tax income, top earners also wouldn’t be able to spend as much on cars or their children’s weddings and coming-of-age parties. But why did they feel compelled to spend so much in the first place? In most cases, they simply wanted a car that felt spirited, or a celebration that seemed special. But concepts like “spirited” and “special” are inescapably relative: when others in your circle spend a lot, you must spend accordingly or else live with the disappointment that results from unmet expectations.


And the costs of living in more unequal societies extend beyond health, although that impact is particularly dramatic. If you look at broader indicators of social well being, you see the same finding: greater income inequality is associated with worse outcomes. From a presentation by Kate Pickett, Senior lecturer at the University of York and author of The Spirit Level, at the INET conference in 2010:

Image

You might argue: Why do these results matter to rich people, who can live in gated compounds? If you've visited some rich areas in Latin America, particularly when times generally are bad, marksmen on the roofs of houses are a norm. Living in fear of your physical safety is not a pretty existence.

Japan, which made a conscious decision to impose the costs of its post bubble hangover on all members of society to preserve stability, has gotten through its lost two decades with remarkable grace. The US seems to be implementing the polar opposite playbook, and there are good reasons to think the outcome of this experiment will be ugly indeed.





And here she is deconstructing a current common excuse for those who are hoarding capital in this economy.


http://www.salon.com/news/opinion/glenn ... index.html

Sunday, Aug 14, 2011 08:25 ET

Why "business needs certainty" is destructive

While Glenn Greenwald is away this week, Yves Smith of Naked Capitalism will be filing periodic guest posts

By Yves Smith

If you read the business and even the political press, you've doubtless encountered the claim that the economy is a mess because the threat to reregulate in the wake of a global-economy-wrecking financial crisis is creating "uncertainty." That is touted as the reason why corporations are sitting on their hands and not doing much in the way of hiring and investing.

This is propaganda that needs to be laughed out of the room.

I approach this issue as as a business practitioner. I have spent decades advising major financial institutions, private equity and hedge funds, and very wealthy individuals (Forbes 400 level) on enterprises they own. I've run a profit center in a major financial firm and have have also operated a consulting business for over 20 years. So I've had extensive exposure to the dysfunction I am about to describe.

Commerce is all about making decisions and committing resources with the hope of earning profit when the managers cannot know the future. "Uncertainty" is used casually by the media, but when trying to confront the vagaries of what might happen, analysts distinguish risk from "uncertainty", which for them has a very specific meaning. "Risk" is what Donald Rumsfeld characterized as a known unknown. You can still estimate the range of likely outcomes and make a good stab at estimating probabilities within that range. For instance, if you open an ice cream store in a resort area, you can make a very good estimate of what the fixed costs and the margins on sales will be. It is much harder to predict how much ice cream you will actually sell. That is turn depends largely on foot traffic which in turn is largely a function of the weather (and you can look at past weather patterns to get a rough idea) and how many people visit that town (which is likely a function of the economy and how that particular resort area does in a weak economy).

Uncertainty, by contrast, is unknown unknowns. It is the sort of risk you can't estimate in advance. So businesses also have to be good at adapting when Shit Happens. Sometimes that Shit Happening can be favorable, but they still need to be able to exploit opportunities (like an exceptionally hot summer producing off the charts demand for ice cream) or disaster (like the Fukushima meltdown disrupting global supply chains). That implies having some slack or extra resources at your disposal, or being able to get ready access to them at not too catastrophic a cost.

So why aren't businesses investing or hiring? "Uncertainty" as far as regulations are concerned is not a major driver. Surveys show that the "uncertainty" bandied about in the press really translates into "the economy stinks, I'm not in a business that benefits from a bad economy, and I'm not going to take a chance when I have no idea when things might turn around."

The "certainty" they are looking for is concrete evidence that prevailing conditions have really turned. But with so many people unemployed, growth flagging in advanced economies, China and other emerging economies putting on the brake as their inflation rates become too high, and a very real risk of another financial crisis kicking off in the Eurozone, there isn't any reason to hope for things to magically get better on their own any time soon. In fact, if you look at the discussion above, we actually have a very high degree of certainty, just of the wrong sort, namely that growth will low to negative for easily the next two years, and quite possibly for a Japan-style extended period.

So why this finger pointing at intrusive regulations, particularly since they are mysteriously absent? For instance, Dodd Frank is being water down in the process of detailed rulemaking, and the famed Obamacare actually enriches Big Pharma and the health insurers.

The problem with the "blame the government" canard is that it does not stand up to scrutiny. The pattern businesses are trying to blame on the authorities, that they aren't hiring and investing due to intrusive interference, was in fact deeply entrenched before the crisis and was rampant during the corporate friendly Bush era. I wrote about it back in 2005 for the Conference Board's magazine.

In simple form, this pattern resulted from the toxic combination of short-termism among investors and an irrational focus on unaudited corporate quarterly earnings announcements and stock-price-related executive pay, which became a fixture in the early 1990s. I called the pattern "corporate dysmorphia", since like body builders preparing for contests, major corporations go to unnatural extremes to make themselves look good for their quarterly announcements.

An extract from the article:

Corporations deeply and sincerely embrace practices that, like the use of steroids, pump up their performance at the expense of their well-being...

Despite the cliché “employees are our most important asset,” many companies are doing everything in their power to live without them, and to pay the ones they have minimally. This practice may sound like prudent business, but in fact it is a reversal of the insight by Henry Ford that built the middle class and set the foundation for America’s prosperity in the twentieth century: that by paying workers well, companies created a virtuous circle, since better-paid staff would consume more goods, enabling companies to hire yet more worker/consumers.

Instead, the Wal-Mart logic increasingly prevails: Pay workers as little as they will accept, skimp on benefits, and wring as much production out of them as possible (sometimes illegally, such as having them clock out and work unpaid hours). The argument is that this pattern is good for the laboring classes, since Wal-Mart can sell goods at lower prices, providing savings to lower-income consumers like, for instance, its employees. The logic is specious: Wal-Mart’s workers spend most of their income on goods and services they can’t buy at Wal-Mart, such as housing, health care, transportation, and gas, so whatever gains they recoup from Wal-Mart’s low prices are more than offset by the rock-bottom pay.

Defenders may argue that in a global economy, Americans must accept competitive (read: lower) wages. But critics such as William Greider and Thomas Frank argue that America has become hostage to a free-trade ideology, while its trading partners have chosen to operate under systems of managed trade. There’s little question that other advanced economies do a better job of both protecting their labor markets and producing a better balance of trade—in most cases, a surplus.

The dangers of the U.S. approach are systemic. Real wages have been stagnant since the mid-1970s, but consumer spending keeps climbing. As of June, household savings were .02 percent of income (note the placement of the decimal point), and Americans are carrying historically high levels of debt. According to the Federal Reserve, consumer debt service is 13 percent of income. The Economist noted, “Household savings have dwindled to negligible levels as Americans have run down assets and taken on debt to keep the spending binge going.” As with their employers, consumers are keeping up the appearance of wealth while their personal financial health decays.

Part of the problem is that companies have not recycled the fruits of their growth back to their workers as they did in the past. In all previous postwar economic recoveries, the lion’s share of the increase in national income went to labor compensation (meaning increases in hiring, wages, and benefits) rather than corporate profits, according to the National Bureau of Economic Analysis. In the current upturn, not only is the proportion going to workers far lower than ever before—it is the first time that the share of GDP growth going to corporate coffers has exceeded the labor share.


And businesses weren't using their high profits to invest either:

Companies typically invest in times like these, when profits are high and interest rates low. Yet a recent JP Morgan report notes that, since 2002, American companies have incurred an average net financial surplus of 1.7 percent of GDP, which contrasts with an average deficit of 1.2 percent of GDP for the preceding forty years. While firms in aggregate have occasionally run a surplus, “. . . the recent level of saving by corporates is unprecedented. . . .It is important to stress that the present situation is in some sense unnatural. A more normal situation would be for the global corporate sector—in both the G6 and emerging economies—to be borrowing, and for households in the G6 economies to be saving more, ahead of the deterioration in demographics.”


The problem is that the "certainty" language reveals what the real game is, which is certainty in top executive pay at the expense of the health of the enterprise, and ultimately, the economy as a whole. Cutting costs is as easy way to produce profits, since the certainty of a good return on your "investment" is high. By contrast, doing what capitalists of legend are supposed to do, find ways to serve customer better by producing better or novel products, is much harder and involves taking real chances and dealing with very real odds of disappointing results. Even though we like to celebrate Apple, all too many companies have shunned that path of finding other easier ways to burnish their bottom lines. and it has become even more extreme. Companies have managed to achieve record profits in a verging-on-recession setting.

Indeed, the bigger problem they face is that they have played their cost-focused business paradigm out. You can't grow an economy on cost cutting unless you have offsetting factors in play, such as an export led growth strategy, or an ever rising fiscal deficit, or a falling household saving rate that has not yet reached zero, or some basis for an investment spending boom. But if you go down the list, and check off each item for the US, you will see they have exhausted the possibilities. The only one that could in theory operate is having consumers go back on a borrowing spree. But with unemployment as high as it is and many families desperately trying to recover from losses in the biggest item on their personal balance sheet, their home, that seems highly unlikely. Game over for the cost cutting strategy.

And contrary to their assertions, just as they've managed to pursue self-limiting, risk avoidant corporate strategies on a large scale, so too have they sought to use government and regulation to shield themselves from risk.

Businesses have had at least 25 to 30 years near complete certainty -- certainty that they will pay lower and lower taxes, that they' will face less and less regulation, that they can outsource to their hearts' content (which when it does produce savings, comes at a loss of control, increased business system rigidity, and loss of critical know how). They have also been certain that unions will be weak to powerless, that states and municipalities will give them huge subsidies to relocate, that boards of directors will put top executives on the up escalator for more and more compensation because director pay benefits from this cozy collusion, that the financial markets will always look to short term earnings no matter how dodgy the accounting, that the accounting firms will provide plenty of cover, that the SEC will never investigate anything more serious than insider trading (Enron being the exception that proved the rule).

So this haranguing about certainty simply reveals how warped big commerce has become in the US. Top management of supposedly capitalist enterprises want a high degree of certainty in their own profits and pay. Rather than earn their returns the old fashioned way, by serving customers well, by innovating, by expanding into new markets, their 'certainty' amounts to being paid handsomely for doing things that carry no risk. But since risk and uncertainty are inherent to the human condition, what they instead have engaged in is a massive scheme of risk transfer, of increasing rewards to themselves to the long term detriment of their enterprises and ultimately society as a whole.

We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Sun Aug 21, 2011 6:59 pm

.

Bernie Sanders exposes oil price speculations from 2008. Business media have conniptions, because the identities of traders must remain anonymous and immune to scrutiny! How can you plunder with the lights on? (Should I post this in "Top Secret America" instead?)


http://www.citizen.org/pressroom/pressr ... fm?ID=3402

August 19, 2011

Leaked Oil Trading Documents Underscore Role of Speculators in Oil Price Spikes; Identities of Traders Should Be Public

Statement of Tyson Slocum, Director, Public Citizen’s Energy Program

Note: The Wall Street Journal this week ran a story about confidential documents from the Commodity Futures Trading Commission that named traders who held oil futures in 2008, when oil prices spiked to record highs.

The growing controversy over the leaking of trading documents naming 219 investors in oil futures positions during the 2008 oil price spike shows two things.

First, the data reveals that excessive speculation by banks and others is the driving force in oil markets, pushing prices beyond the supply-demand fundamentals. Who wins when prices rise? Wall Street traders that are engaged in speculating. Who loses? Every consumer who fills up at the pump.

Second, this data shows that we need this information to be made public on a regular basis. The companies named – including Goldman Sachs and Morgan Stanley – were significant players in the 2008 price run-up. The public should know who is responsible for high gas prices. It should get this information not just now, three years later, but on a regular basis, within two weeks.

Far from heeding the hysterical calls of corporations that are rushing to use the dissemination of three-year-old records as an excuse to crack down on the Commodity Futures Trading Commission, lawmakers should work with the agency to shine light on the sordid business of oil speculation. For too long, major corporations have reflexively deemed vast swaths of data “proprietary,” thereby removing critical information from the public domain. Company-specific energy trading information should be public to help ensure more transparent markets. Even in equities, the identities of large individual shareholders are publicly disclosed. The same should be the case in commodities.

Further, the information revealed this week provides even more reason for regulators to fully enforce provisions of the Dodd-Frank Wall Street reform law that are designed to curb excessive speculation.

###
Public Citizen is a national, nonprofit consumer advocacy organization based in Washington, D.C. For more information, please visit http://www.citizen.org.






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Schroders, D.E. Shaw among top 2008 commodities speculators

Data first to name names of speculators in 2008 surge



ReutersAugust 19, 2011

Image
Traders work in the oil options pit on the floor of the New York Mercantile Exchange in New York City.
Photograph by: Mario Tama, Getty Images

WASHINGTON/NEW YORK — Schroders PLC, Bridgewater Associates and D.E. Shaw topped a list of the biggest speculators in commodity markets as prices spiked in early 2008, according to a confidential regulatory document seen on Thursday.

The list, compiled between late 2007 and summer 2008 and reviewed by Reuters, shows 18 different companies or investors that it said were holding total speculative positions that would have exceeded either regulatory position limits or informal accountability levels in one or more of 13 markets.

The data, although some three years out of date, is the first to name the biggest “non-commercial” traders — those who don’t have any physical business — at a time when commodity prices were racing to record highs, stoking a fierce debate about whether speculators were inflating food and fuel costs.



For a copy of the document: http://r.reuters.com/neq33s

A copy of the spreadsheet: http://r.reuters.com/veq33s



It emerges now as the Commodity Futures Trading Commission (CFTC) comes under mounting pressure to complete new rules that would set much tougher limits on speculative trading in energy and metals markets, which until now was regulated only by the exchanges using less-rigid “accountability levels”.

The data highlights how some firms who were technically within fixed futures trading limits had taken on unregulated over-the-counter positions that would have pushed them beyond the limits. It listed both on-exchange futures positions and off-exchange positions; many of the companies listed were trading well within the official futures-only limits.

It shows too how major global macro hedge funds were the biggest traders in the market at the time, before the ascent of more niche, purely commodity-focused funds in recent years.

And it confirms a point that market participants have long made to critics who charge the investor community with inflating prices: not all firms are bullish. Several of those listed had taken on substantial bearish positions.

The leak of the data — which had been given to regulators confidentially in order to protect the firms’ positions — has sparked concern at the CFTC and outrage among some in the industry at a time when increasing government oversight is already threatening to curb some trading.

Copies of the reports, which were initially given by staunch speculator critic Senator Bernie Sanders to the Wall Street Journal, were obtained by Reuters.

The data also included a spreadsheet showing the names and long and short positions of hundreds of traders in the oil and natural gas markets, predictably dominated by banks like Goldman Sachs and Morgan Stanley, trading houses like Vitol and oil companies like BP.



SPECIAL CALL REVEALS FUNDS

Schroders, one of the world’s biggest asset managers with over 200 billion pounds ($330 billion), appeared on the list eight times, holding positions in CBOT wheat, cotton, soybeans, soybean oil, lean hogs and oats. It also would have exceeded the exchange-set limit for sugar and coffee futures.

The data showed that most of those positions would only have exceeded the position limits set by regulators if they had included off-exchange derivatives. The CFTC is set to include these OTC swap positions in future trading limits.

Bridgewater Associates, the world’s biggest hedge fund at some $110 billion, appears five times across markets ranging from soybeans and live cattle to gas, crude and gold. Only the positions in the cattle and gold markets appeared to exceed the limits based on futures positions alone, the data showed.

D.E. Shaw, a $21 billion hedge fund and early pioneer of quantitative or algorithmic trading, appeared three times, but was one of the few on the list who had taken a large short position rather than betting simply on prices going up. It was short crude oil and natural gas, but long gasoline.

Those markets do not have formal position limits enforced by the CFTC. Instead, the exchanges themselves set informal accountability limits that usually compel the exchange to seek more information from a participant, and possibly to ask the participant to reduce the position.

A Schroders spokeswoman in New York declined to comment. A D.E. Shaw spokeswoman declined to comment. A Bridgewater spokesman was not immediately able to comment.

Another surprising name on the list was the Dutch public pension fund Stichting Pensionenfonds ABP, the world’s third largest and a longtime commodity market investor. It was listed as holding the largest crude oil position, more than double the next-biggest long position.

Chicago-based fund giant Citadel and Houston-based Centaurus, both well-known major natural gas players at the time, were also running large short positions. Clive Master Fund was short 4,906 futures contracts in wheat.

Centaurus has been fined three times in the past two years for exceeding the accountability levels set by the exchange, and manager John Arnold told investors this summer that he was returning some funds because he could no longer generate outsized return in a flat market with tighter regulation.

The data was collected after the CFTC initiated a so-called “special call” in June of 2008 as oil prices were soaring, part of a broader surge in the commodity markets.

The CFTC sought information from swap dealers and index traders in the futures and OTC markets for each month from December 31, 2007 through June 30, 2008.

© Copyright (c) Reuters






http://finance.yahoo.com/news/US-oil-sp ... et=&ccode=

U.S. oil speculative data released by Senator, sparking ire

Image
Senator Bernie Sanders (I-VT) is interviewed by a Reuters reporter at Sanders' office in Burlington, Vermont November 28, 2006. REUTERS/Brian Snyder

On Friday August 19, 2011, 12:02 pm EDT

By Sarah N. Lynch

WASHINGTON (Reuters) - Oil trading data that exposed the extensive positions speculators held in the run-up to record high prices in 2008 were intentionally leaked by a U.S. senator, sparking broader concern about industry confidentiality as Congress moves on Wall Street reform.

Senator Bernie Sanders, a staunch critic of oil speculators, leaked the information to a major newspaper in a move that has unsettled both regulators and Wall Street alike.

In a June 16 e-mail reviewed by Reuters, a senior policy adviser to Sanders discusses how his office received private data with the names and positions of traders and forwarded it exclusively to a Wall Street Journal reporter.

The e-mail, which also attaches two files with the data, was sent to Public Citizen's Tyson Slocum asking him to review it and speak with the newspaper about his observations.

In a statement from Sanders provided to Reuters, Sanders said he felt the data needed to be publicly aired.

"The CFTC has kept this information hidden from the American public for nearly three years," he said. "This is an outrage. The American people have a right to know exactly who caused gas prices to skyrocket in 2008 and who is causing them to spike today."

The leaked information has sparked concern at the Commodity Futures Trading Commission, which is legally prohibited from releasing confidential information that identifies trader positions and identities.

The leak also raises broader questions as U.S. regulators gear up to collect massive new amounts of private data from market players on everything from swaps and hedge funds to blueprints for how large financial firms can be liquidated. The breach of data could make Wall Street less reluctant to hand over sensitive information if they fear it is not appropriately safeguarded.

"This type of incident will have a chilling effect on derivatives trading in the U.S. because market participants will be reluctant to take the risk that their positions will be exposed to the public-and their competitors," John Damgard, president of the Futures Industry Association, said in a statement sent to Reuters.

Republicans have already raised concerns in recent hearings about the Treasury's new Office of Financial Research created by Dodd-Frank, and whether its collection of data from hedge funds and banks may constitute a regulatory overreach.

Although the CFTC is barred from releasing confidential data, the law does require the CFTC to hand over such information if a Congressional committee acting within its proper authority requests it. Once it is in the hands of Congress, there is nothing to prevent lawmakers from releasing it publicly.

The leaked data contains long and short positions held by oil traders in 2008, the same year that oil prices spiked to $147 a barrel. Critics at the time accused oil speculators of driving up prices, leading lawmakers to later insert a provision into the Dodd-Frank Wall Street overhaul law compelling the CFTC to place stricter limits on how many commodity contracts any one trader can control.

Among the kinds of traders accused of excessive speculation included passive long investors such as pension funds, which often seek exposure to commodities markets indirectly by going through an intermediary swap dealer such as such as Goldman Sachs and Morgan Stanley.

The data that was leaked to the Wall Street Journal was compiled by the CFTC in 2008 during a "special call" in which the agency sought crude oil position data from swap dealers so they could piece together market activity occurring both on and off the exchange, people familiar with the matter said.

The CFTC first became aware of the breach of the data after a staffer from Sanders' office sent the agency an e-mail with the information and asked the CFTC's chief economist to discuss it more.

The agency began exploring internally whether or not any staffers were responsible for the leak, and concluded that no CFTC employees were involved, according to people familiar with the matter.

It is unclear exactly how Sanders acquired the private information, and a spokesman declined to say.

But people familiar with the matter say the data later obtained by Sanders was first formally requested by the U.S. House Energy Committee. From there it somehow migrated over to the U.S. Senate.

(Reporting by Sarah N. Lynch; Editing by Russell Blinch and Alden Bentley)

We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Sun Aug 21, 2011 7:13 pm

Relocated to the Mark Duggan Shooting thread.
We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Mon Aug 22, 2011 12:11 am

.

Update Completed
(Click for start)

.

Where should stuff about the London and UK riots go? Mark Duggan thread:
viewtopic.php?f=8&t=32792&p=421893#p421893

But luckily pixels are unlimited!

Young Nafeez, long a favorite of mine...


http://counterpunch.org/nafeez08102011.html

August 10, 2011
The Economics Conditions Driving Riot Fever
Burning Britain

By NAFEEZ MOSADDEQ AHMED


London.

The rioting, looting and plunder that started in Tottenham on Saturday has now spread like wildfire throughout the capital. Shops were broken into, properties vandalized, and flats and vehicles set alight by gangs of mostly young men in Croydon, Clapham, Brixton, Hackney, Camden, Lewisham, Peckham, Newham, East Ham, Ilford, Enfield, Woolwich, Ealing, and Colliers Wood. Trouble was also reported in Birmingham, Bristol, Liverpool, and Nottingham.

Described by witnesses as a 'warzone', these are the worst riots to hit London in decades. Over the next few nights, groups of young men, some armed with make-shift weapons and petrol bombs, overwhelmed suburban areas in what was essentially a spontaneous ransacking spree. The chaos has disrupted the lives of thousands of people, rendering them homeless, destroying their businesses, and endangering their livelihoods.

On Monday, at about 4pm, I was talking on the phone to my friend Muddassar Ahmed, CEO of Unitas Communications, while he was driving about town in East Ham where he lives. We were chatting about our plans for a meal round his place to celebrate Ramadan. Suddenly, he said, "Oh my God. There's a group of, like, 50 young guys and they're running straight towards me!" Fortunately they ran passed his car, but they continued onto Ilford Lane, which they'd barricaded using crates and boxes.

On Tuesday morning, my dad and stepmother who live in Croydon, where some of the worst violence occurred, told me over the phone how they'd watched as the previous night a gang of about 20 lads smashed their way into the Staples opposite their house and emptied almost the entire superstore. Indeed, many of the images of the carnage captured by journalists have also been revealing – apart from the stealing of expensive luxury items like flat screen televisions and hi-fi systems, a lot of the pillaging has focused on clothes and food.

Police Brutality

So it would be gravely mistaken to assume that the rioting and violence erupting throughout London was motivated fundamentally by opposing police brutality exemplified in the killing of Mark Duggan. Police brutality almost certainly played a role in sparking the initial rage. Early inaccurate media reports claimed that Duggan had fired first at the SO19 police officers who were tracking him, and that the officer who was hit was only saved by the bullet lodging itself in his radio. Forensic analysis later confirmed that the bullet was in fact police-issued, throwing doubt on the whole story.

Semone Wilson, Duggan's girlfriend, said: "I spoke to him at about 5pm and he asked me if I'd cook dinner. He said he spotted a police car following him. By 6.15 he had been gunned down. I kept phoning and phoning to find out where he was. He wasn't answering. I rushed down to where it happened. They let me through the police lines but they wouldn't let me see his body."

According to eyewitnesses, Duggan had been disabled by police and was lying on the ground when he had been shot. "About three or four police officers had both men pinned on the ground at gunpoint", said one who was at the scene. "They were really big guns and then I heard four loud shots. The police shot him on the floor."

Pending further disclosure, the jury is still out on what exactly happened, but at the moment the available evidence does not lend confidence to the original version of events put out by anonymous police sources.

To add insult to injury (or this case, murder), when a 16-year old girl amongst the protestors who had gathered in Tottenham on Saturday approached the police to ask questions, the officers "set upon her with batons", according to one resident interviewed by the BBC.

Confusing the Issues

Then the fires started. What began as a peaceful but angry demonstration against Duggan's killing by members of Tottenham's local community was quickly overrun and overtaken by hundreds of youths, who exploited the circumstances to cause havoc and loot local businesses.

The scale of the violence on Saturday alone, and the inability of police and emergency services to respond and contain it effectively, was instrumental in inspiring youths all over London's suburbs to mimic the violence and, quite literally, use the opportunity to take what they wanted.

Unfortunately, some activists have been confused by these events. Jodi McIntyre described the riots as an "uprising", and suggested it should "continue in an effective manner" with better "organisation" – "Random looting", he explained, "is not going to overcome police injustice.

But until then, the language of the unheard will continue to be spoken." But to what end should such admittedly pointless random looting therefore continue? How does exhorting its continuation in any way fit into a genuinely progressives agenda for the inclusive, community-led, radical systemic transformation necessary to overcome our converging social, political, economic and cultural crises?

Responding to criticism for expressing support for the riots, McIntyre wrote: "If it is a question of where my solidarity lies, and the options are M&S and Footlocker versus young people in the streets, then there is only one answer." To be fair McIntyre expressed "sympathy" for those who had their "homes or cornershops damaged" and noted he has never supporting looting or arson – but ultimately, his comments illustrate a serious lack of understanding of what had happened.

There is no binary moral choice between support for the 'corporate establishment' and 'young people' – as if the riots somehow manifest young people challenging corporate power in a genuinely progressive way. The riots, the looting, the plunder, did not in any way constitute an "uprising" against corporate or even state power. On the contrary, the violence represented the most regressive manifestations of corporate and state inculcated values of crude materialist, market-driven hedonism. The looters and vandals were not politically-motivated, let alone progressively-inspired. On the contrary, what precisely illustrates the entirely self-destructive nature of this phenomenon is that its main victims were not the government, nor large corporates shielded by the promise of insurance pay-outs – but simply ordinary working people. If this was an uprising, it ended up targeting the very communities from which these young people came, even if these are communities from which they feel ostracized.

Boiling Point

McIntyre is right about one thing, though, when he says, "Inequality is at the heart of this." Indeed, the violence is a disturbing symptom of the protracted collapse-process which industrial civilization now finds itself in.

The vast majority of perpetrators were young people, both men and women although mostly men. Young people in Britain have been hit hardest by the impact of recession. Unemployment in the UK is now at a staggering 2.49 million, having risen steadily over the last decade – increasingly so since the 2008 crash – with 1.46 million claiming jobseekers allowance. Across the country, one in five 16-24 year olds – just under a million young people – are unemployed.

Figures released just this summer showed that the economic gloom was deepening particularly across the capital, with 20 people chasing each available job in 22 of London's 73 parliamentary constituencies. In other areas, such as Peckham and Hackney which were also sites of major rioting, the number of people going after each job is over 40. And in almost every seat, this measure has worsened in the last few months.

It won't get better soon – this year will see unemployment rise to 2.7 million. And young people will face the brunt of it, as they already have. In the quarter to May 2011, the employment rate of working age men in London was lower than the national average, and underwent a "dramatic fall of 0.9 percentage points, while the national rate remained the same." Almost a quarter of working-age Londoners are economically inactive – 1.3 million people, and of these 397,000 people are aged 16 and over.

And there is an unmistakable race-dimension to class inequality. Black and ethnic minority (BME) groups face the brunt of the impact of economic crisis. Across the UK, BME groups have the highest rates of income-poverty, and in London, more than half of people living in low-income households are from ethnic minorities. According to the Joseph Rowntree Foundation, 70 per cent of those in income poverty in inner London are from minority ethnic groups, as are 50 per cent in outer London.

There is an interplay between the wider racial contours of social inequalities and institutional police racism. Despite commendable progress in significant areas, black people are still seven times more likely to be stopped and searched than white. Asians are twice as likely to be stopped and searched as white people. More than 30 per cent of all black males living in Britain are on the national DNA database, compared with about 10 per cent of white males and 10 per cent of Asian males. Black men are about four times more likely than white men to have their DNA profiles stored on the DNA database.

Meanwhile, the British government's flagship 'Big Society'-inspired policy to support young people amounts to nothing less than ruthlessly slashing youth services, and hoping the 'market' – which of course brought us into this economic mess – will magically take care of them. "One in four of England's youth services face catastrophic cuts of between 21-30 per cent – three times higher than the general level of council cuts", reports Kerry Jenkins, operations officer of Unite the Unions – a merger between two of Britain's leading Unions, the T&G and Amicus.

"Many authorities intend to get rid of their youth services completely, while 80% of voluntary organisations providing services for young people have said programmes will be cut. Local authority chiefs predict that youth service budgets will be slashed by £100 million, leading to the loss of 3,000 full-time youth worker jobs."

Indeed, the government was warned. Less than a year ago, Sir Paul Ennals, Head of the National Children's Bureau, predicted that the combination of unemployment and cuts to services would lead to young people becoming "progressively disengaged from their own communities in a way that we are seeing in France", which has already seen riots and social unrest "driven by young people who are alienated from their community."

And as late as 2nd August – less than a week before the riots – criminologist Professor John Pitts, an advisor to several local authorities on violent crime and youth culture, warned that government cuts would lead to an increase in violent crime this summer.

The Failure of Neoliberal Capitalism

The unprecedented economic crisis, linked to the global political economy's fundamental breaching of ecological and energy limits, has already generated outbreaks of civil disorder all over the world in different regional and socio-political contexts. In the Middle East, we have seen the Arab spring, triggered by rocketing food prices, driven by a combination of environmental, financial and energy factors. In Europe, we have seen protests and rioting in Greece, Italy, Spain, Germany, Austria, Turkey and France, fuelled by the devastating impact of the global recession. It is only a matter of time before these crisis-conditions catch-up with the United States mainland.

In the UK, converging energy, economic and environmental crises are being refracted through the lens of a deeply unequal, yet vehemently consumerist, society. As Professor Pitts argued in a later interview directly about the riots: "Many of the people involved are likely to have been from low-income, high-unemployment estates, and many, if not most, do not have much of a legitimate future." Widening social exclusion has pushed these young people onto the margins of conventional morality – "Those things that normally constrain people are not there. Much of this was opportunism but in the middle of it there is a social question to be asked about young people with nothing to lose." Entrenched structural inequalities thus generate a sense of justification for looting: "They feel they can rationalise it by targeting big corporations. There is a sense that the companies have lots of money, while they have very little." Simultaneously, the rioting and violence lacked any progressive content whatsoever – driven by conventional neoliberal values of excessive consumerism, most looters used the opportunity not to challenge capitalism, but to indulge manically in its most materialistic values by simply stealing the items they could not normally afford: "Where we used to be defined by what we did, now we are defined by what we buy. These big stores are in the business of tempting [the consumer] and then suddenly these people find they can just walk into the shop and have it all."

The young people involved in this spate of violence are beyond the conventional alienation of repressed labour. Instead, they suffer from a deeper, more dangerous alienation of being utterly surplus to capitalist requirements, irrelevant and ostracized, and thus doomed to subsist on the margins, functionally illiterate, without hope or aspiration. That is a mode of being which is no longer capable of recognizing ethical constraints or boundaries, precisely because the state has already breached its contract of citizenship to them. The shooting of Mark Duggan, and the underbelly of class and race inequality it followed, was merely a match to a flame that has already burned for too long.

However the government chooses to now respond to the escalating violence, there can be no doubt that the episode represents a fundamental turning-point for British society, in a world that has already passed the tipping point on a whole range of interconnected systemic crises. The danger is that the authorities will offer the traditional, knee-jerk, business-as-usual response of maximizing police state powers, rather than addressing the root causes of our predicament. Of course, robust measures are clearly necessary to contain the violence and hold those responsible accountable. But we are already on the slippery slope of intensifying state-militarization – and we won't be able to get off as long as we refuse, as societies, to take responsibility for the systemic crises we all now face.


Dr. Nafeez Mosaddeq Ahmed is Executive Director of the Institute for Policy Research & Development. His latest book is A User's Guide to the Crisis of Civilization: And How to Save It (Pluto/Macmillan, 2010), which inspired the forthcoming documentary feature film, The Crisis of Civilization, to be released in October this year.





But Naomi, my flower, says:



Looting with the lights on

We keep hearing England's riots weren't political – but looters know that their elites have been committing daylight robbery

Naomi Klein
guardian.co.uk, Wednesday 17 August 2011 10.37 BST


Image
Youths loot a Carhartt store in Hackney during the recent riots in London. Photograph: Peter Macdiarmid/Getty Images

I keep hearing comparisons between the London riots and riots in other European cities – window-smashing in Athens or car bonfires in Paris. And there are parallels, to be sure: a spark set by police violence, a generation that feels forgotten.

But those events were marked by mass destruction; the looting was minor. There have, however, been other mass lootings in recent years, and perhaps we should talk about them too. There was Baghdad in the aftermath of the US invasion – a frenzy of arson and looting that emptied libraries and museums. The factories got hit too. In 2004 I visited one that used to make refrigerators. Its workers had stripped it of everything valuable, then torched it so thoroughly that the warehouse was a sculpture of buckled sheet metal.

Back then the people on cable news thought looting was highly political. They said this is what happens when a regime has no legitimacy in the eyes of the people. After watching for so long as Saddam Hussein and his sons helped themselves to whatever and whomever they wanted, many regular Iraqis felt they had earned the right to take a few things for themselves. But London isn't Baghdad, and the British prime minister, David Cameron, is hardly Saddam, so surely there is nothing to learn there.

How about a democratic example then? Argentina, circa 2001. The economy was in freefall and thousands of people living in rough neighbourhoods (which had been thriving manufacturing zones before the neoliberal era) stormed foreign-owned superstores. They came out pushing shopping carts overflowing with the goods they could no longer afford – clothes, electronics, meat. The government called a "state of siege" to restore order; the people didn't like that and overthrew the government.

Argentina's mass looting was called el saqueo – the sacking. That was politically significant because it was the very same word used to describe what that country's elites had done by selling off the country's national assets in flagrantly corrupt privatisation deals, hiding their money offshore, then passing on the bill to the people with a brutal austerity package. Argentines understood that the saqueo of the shopping centres would not have happened without the bigger saqueo of the country, and that the real gangsters were the ones in charge. But England is not Latin America, and its riots are not political, or so we keep hearing. They are just about lawless kids taking advantage of a situation to take what isn't theirs. And British society, Cameron tells us, abhors that kind of behaviour.

This is said in all seriousness. As if the massive bank bailouts never happened, followed by the defiant record bonuses. Followed by the emergency G8 and G20 meetings, when the leaders decided, collectively, not to do anything to punish the bankers for any of this, nor to do anything serious to prevent a similar crisis from happening again. Instead they would all go home to their respective countries and force sacrifices on the most vulnerable. They would do this by firing public sector workers, scapegoating teachers, closing libraries, upping tuition fees, rolling back union contracts, creating rush privatisations of public assets and decreasing pensions – mix the cocktail for where you live. And who is on television lecturing about the need to give up these "entitlements"? The bankers and hedge-fund managers, of course.

This is the global saqueo, a time of great taking. Fuelled by a pathological sense of entitlement, this looting has all been done with the lights on, as if there was nothing at all to hide. There are some nagging fears, however. In early July, the Wall Street Journal, citing a new poll, reported that 94% of millionaires were afraid of "violence in the streets". This, it turns out, was a reasonable fear.

Of course London's riots weren't a political protest. But the people committing night-time robbery sure as hell know that their elites have been committing daytime robbery. Saqueos are contagious. The Tories are right when they say the rioting is not about the cuts. But it has a great deal to do with what those cuts represent: being cut off. Locked away in a ballooning underclass with the few escape routes previously offered – a union job, a good affordable education – being rapidly sealed off. The cuts are a message. They are saying to whole sectors of society: you are stuck where you are, much like the migrants and refugees we turn away at our increasingly fortressed borders.

Cameron's response to the riots is to make this locking-out literal: evictions from public housing, threats to cut off communication tools and outrageous jail terms (five months to a woman for receiving a stolen pair of shorts). The message is once again being sent: disappear, and do it quietly.

At last year's G20 "austerity summit" in Toronto, the protests turned into riots and multiple cop cars burned. It was nothing by London 2011 standards, but it was still shocking to us Canadians. The big controversy then was that the government had spent $675m on summit "security" (yet they still couldn't seem to put out those fires). At the time, many of us pointed out that the pricey new arsenal that the police had acquired – water cannons, sound cannons, teargas and rubber bullets – wasn't just meant for the protesters in the streets. Its long-term use would be to discipline the poor, who in the new era of austerity would have dangerously little to lose.

This is what Cameron got wrong: you can't cut police budgets at the same time as you cut everything else. Because when you rob people of what little they have, in order to protect the interests of those who have more than anyone deserves, you should expect resistance – whether organised protests or spontaneous looting. And that's not politics. It's physics.

• A version of this column was first published in The Nation

© 2011 Guardian News and Media Limited or its affiliated companies. All rights reserved.
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Mon Aug 22, 2011 12:52 am

!!!

THIS NIGHTMARE NEVER ENDS


http://www.nytimes.com/2011/08/22/busin ... nted=print

August 21, 2011

Attorney General of N.Y. Is Said to Face Pressure on Bank Foreclosure Deal

By GRETCHEN MORGENSON

Eric T. Schneiderman, the attorney general of New York, has come under increasing pressure from the Obama administration to drop his opposition to a wide-ranging state settlement with banks over dubious foreclosure practices, according to people briefed on discussions about the deal.

In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks.

Mr. Schneiderman and top prosecutors in some other states have objected to the proposed settlement with major banks, saying it would restrict their ability to investigate and prosecute wrongdoing in a variety of areas, including the bundling of loans in mortgage securities.

But Mr. Donovan and others in the administration have been contacting not only Mr. Schneiderman but his allies, including consumer groups and advocates for borrowers, seeking help to secure the attorney general’s participation in the deal, these people said. One recipient described the calls from Mr. Donovan, but asked not to be identified for fear of retaliation.

Not surprising, the large banks, which are eager to reach a settlement, have grown increasingly frustrated with Mr. Schneiderman. Bank officials recently discussed asking Mr. Donovan for help in changing the attorney general’s mind, according to a person briefed on those talks.

In an interview on Friday, Mr. Donovan defended his discussions with the attorney general, saying they were motivated by a desire to speed up help for troubled homeowners. But he said he had not spoken to bank officials or their representatives about trying to persuade Mr. Schneiderman to get on board with the deal.

“Eric and I agree on a tremendous amount here,” Mr. Donovan said. “The disagreement is around whether we should wait to settle and resolve the issues around the servicing practices for him — and potentially other A.G.’s and other federal agencies — to complete investigations on the securitization side. He might argue that he has more leverage that way, but our view is we have the immediate opportunity to help a huge number of borrowers to stay in their homes, to help their neighborhoods and the housing market.”

And Alisa Finelli, a spokeswoman for the Justice Department. said: “The Justice Department, along with our federal agency partners and state attorneys general, are committed to achieving a resolution that will hold servicers accountable for the harm they have done consumers and bring billions of dollars of relief to struggling homeowners — and bring relief swiftly because homeowners continue to suffer more each day that these issues are not resolved.”

Terms of the possible settlement under consideration center on foreclosure improprieties like so-called robo-signing and submitting apparently forged documents to the courts to speed up the process of removing troubled borrowers from homes. Negotiations on this deal have been led by Thomas J. Perrelli, associate attorney general of the United States, and Tom Miller, the attorney general of Iowa.

An initial term sheet outlining a possible settlement emerged in March, with institutions including Bank of America, Citigroup, JPMorgan Chase and Wells Fargo being asked to pay about $20 billion that would go toward loan modifications and possibly counseling for homeowners.

In exchange, the attorneys general participating in the deal would have agreed to sign broad releases preventing them from bringing further litigation on matters relating to the improper bank practices.

The banks balked at the $20 billion figure. And the talks seemed to stall over the summer, as Mr. Schneiderman and a few other attorneys general — Beau Biden of Delaware and Catherine Cortez Masto of Nevada, for example — questioned aspects of the deal.

Mr. Schneiderman began objecting a few months ago to the proposed releases barring future litigation, declining to participate as long as they were included.

“The attorney general remains concerned by any attempt at a global settlement that would shut down ongoing investigations of wrongdoing related to the mortgage crisis,” said Danny Kanner, the spokesman for Mr. Schneiderman. His office has opened several inquiries into mortgage practices during the credit boom.

Representatives for the four big banks declined to comment. Mr. Schneiderman has also come under criticism for objecting to a settlement proposed by Bank of New York Mellon and Bank of America that would cover 530 mortgage-backed securities containing Countrywide Financial loans that investors say were mischaracterized when they were sold.

The deal would require Bank of America to pay $8.5 billion to investors holding the securities; the unpaid principal amount of the mortgages remaining in the pools totals $174 billion. Lawyers representing 22 institutional investors, including the Federal Reserve Bank of New York, BlackRock and Pimco, contended that the deal was favorable.

This month, Mr. Schneiderman sued to block that deal, which had been negotiated by Bank of New York Mellon as trustee for the holders of the securities. The lawsuit contends that the deal could “compromise investors’ claims in exchange for a payment representing a fraction of the losses” experienced by investors and that it had been negotiated without the knowledge of all of the holders of the securities.

The lawsuit angered Bank of New York Mellon, and as Mr. Schneiderman was leaving the memorial service last week for Hugh Carey, the former New York governor who died Aug. 7, an attendee said Mr. Schneiderman became embroiled in a contentious conversation with Kathryn S. Wylde, a member of the board of the Federal Reserve Bank of New York who represents the public. Ms. Wylde, who has criticized Mr. Schneiderman for bringing the lawsuit, is also chief executive of the Partnership for New York City. The New York Fed has supported the proposed $8.5 billion settlement.

Other investors in the Countrywide mortgage pools who were not part of the settlement talks between Bank of New York Mellon and Bank of America have called the terms inadequate.

Characterizing her conversation with Mr. Schneiderman that day as “not unpleasant,” Ms. Wylde said in an interview on Thursday that she had told the attorney general “it is of concern to the industry that instead of trying to facilitate resolving these issues, you seem to be throwing a wrench into it. Wall Street is our Main Street — love ’em or hate ’em. They are important and we have to make sure we are doing everything we can to support them unless they are doing something indefensible.”

Mr. Schneiderman declined to comment on the encounter.

Mr. Schneiderman has opened an investigation into Wall Street’s mortgage machinery, especially examining whether loan documents were provided to the trusts as required under securitization contracts.

The New York attorney general’s office has hired Lynn E. Turner, former chief accountant of the Securities and Exchange Commission, as a consultant on the investigations, people briefed on the inquiries said.

Damon A. Silvers, associate general counsel for the A.F.L.-C.I.O., is also serving as a special counsel on a pro bono basis. Both men declined to comment.

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Re: "End of Wall Street Boom" - Must-read history

Postby seemslikeadream » Mon Aug 22, 2011 9:50 pm

UPDATE 3-Goldman CEO hires prominent defense lawyer
Mon Aug 22, 2011 11:18pm GMT

* Goldman CEO Blankfein hires Reid Weingarten

* Goldman facing multiple probes

* Weingarten won acquittal of former pharmaceutical lawyer

* Goldman shares fall

* Goldman says "is common" for executives to hire counsel

By Andrea Shalal-Esa

WASHINGTON, Aug 22 (Reuters) - Goldman Sachs Chief Executive Lloyd Blankfein has hired high-profile Washington defense attorney Reid Weingarten, according to a government source, as the Justice Department continues to investigate the bank.

Blankfein, 56, is in his sixth year at the helm of the largest U.S. investment bank, which has spent two years fending off accusations of conflicts of interest and fraud.

The move to retain Weingarten comes as investigations of Goldman and its role in the 2007-2009 financial crisis continue.

The news spooked already jittery investors. Goldman shares fell sharply in the final minutes of regular trading after Reuters reporting the hiring, finishing down 4.7 percent at $106.51, their lowest level since March 2009.

They slipped further in after-hours trade to $105.45.

The Senate's Permanent Subcommittee on Investigations (PSI) in April released a scathing report that criticized Goldman for "exploiting" clients by unloading subprime loan exposure onto unsuspecting clients in 2006 and 2007, and concluded that its top executives misled Congress during testimony in 2010.

Goldman has said it disagreed with many of the report's conclusions, but took seriously the issues addressed. The Justice Department launched its investigation in late April.

On Monday, Goldman said: "As is common in such situations, Mr. Blankfein and other individuals who were expected to be interviewed in connection with the Justice Department's inquiry into certain matters raised in the PSI report hired counsel at the outset."

Blankfein has not been charged in any civil or criminal case.

"Why do you bring in someone like that?" said the source, who was not authorized to speak publicly, about Weingarten. "It says one thing: that they're taking it seriously."

Robert Hillman, law professor at the University of California at Davis, said the move showed that the CEO "has some concern over action that is likely to be taken, presumably by the Justice Department." But he added, "It does not signify that he is guilty, or that any action is definitely going to be taken."

Weingarten, whose past clients include a former Enron accounting officer, was in a federal court in New York on Monday for the sentencing of another client, Anthony Cuti, the former CEO of the Duane Reade chain of drugstores, who was convicted of accounting fraud last year. Cuti was sentenced to three years in prison and a $5 million fine.

Weingarten did not respond to requests for comment. The Justice Department declined to comment.

"This was the last thing that Goldman Sachs or any institutions in the sector needed," said Peter Kenny, managing director of Knight Capital in Jersey City, NJ. "There is zero tolerance for risk or perceived risk right now."

HIGH-PROFILE CLIENTS

A partner with Steptoe & Johnson LLP, Weingarten has represented a wide array of clients in criminal cases. They include former WorldCom Inc chief Bernard Ebbers, who was later convicted, and former Enron accounting officer Richard Causey, who pleaded guilty in exchange for a 5 to 7-year prison term.

In May, his client, former GlaxoSmithKline lawyer Lauren Stevens, was acquitted of charges of lying and obstructing a probe into the company's marketing practices.

"I'm used to these monstrously difficult cases where everybody hates my clients," Weingarten told AmericanLawyer.com in May, although he described Stevens as a "beloved figure."

Controversy has continued to swirl around Goldman Sachs and Blankfein in the aftermath of the credit crisis in which Goldman was accused of favoring some clients over others, and of sometimes trading against the interest of clients.

The U.S. Securities and Exchange Commission scored a $550 million settlement against the bank in a fraud lawsuit in July 2010, but other investigations continue.

In June, New York prosecutors subpoenaed the bank to explain its actions in the run-up to the financial crisis. In addition to the Justice Department, the New York Attorney General and the Securities and Exchange Commission are also investigating.

It was not immediately clear what charges, if any, Blankfein could face personally.

One former federal prosecutor, who was not authorized to speak publicly, said Blankfein may have hired outside counsel after receiving a request from investigators for documents or other information.

The Senate report raised questions about inconsistencies between testimony from Blankfein and other Goldman executives to Congress and emails unearthed in the Senate investigation. The subcommittee's chairman, Senator Carl Levin, has said the question of whether Blankfein and others committed perjury is up to the relevant federal agencies.

The former prosecutor cautioned that perjury cases were difficult to prove, adding that prosecutors would not bring charges unless they had a "rock solid case."

Goldman earlier in August lowered its estimate for future legal costs to $2 billion from its $2.7 billion estimate three months earlier. It said it expects such costs to remain high for the foreseeable future.

.


Obama administration takes tough stance on banks
By Glenn Greenwald

Obama administration takes tough stance on banks
AP/iStockphoto/Sparky2000
Barack Obama and Eric Schneiderman

In mid-May, I wrote about the commendable -- one might say heroic -- efforts of New York Attorney General Eric Schneiderman to single-handedly impose meaningful accountability on Wall Street banks for their role in the 2008 financial crisis and the mortgage fraud/foreclosure schemes. Not only was Schneiderman launching probing investigations at a time when the Obama DOJ was steadfastly failing to do so, but -- more importantly -- he was refusing to sign onto a global settlement agreement being pushed by the DOJ that would have insulated the mortgage banks (including Bank of America, Citigroup, JPMorgan Chase and Wells Fargo) from all criminal investigations in exchange for some relatively modest civil fines. In response, many commenters wondered whether Schneiderman, if he persisted, would be targeted by the banks with some type of campaign of destruction of the kind that brought down Eliot Spitzer, but fortunately for the banks, they can dispatch their owned servants in Washington to apply the pressure for them:



Eric T. Schneiderman, the attorney general of New York, has come under increasing pressure from the Obama administration to drop his opposition to a wide-ranging state settlement with banks over dubious foreclosure practices, according to people briefed on discussions about the deal.

In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks.

Mr. Schneiderman and top prosecutors in some other states have objected to the proposed settlement with major banks, saying it would restrict their ability to investigate and prosecute wrongdoing in a variety of areas, including the bundling of loans in mortgage securities.

But Mr. Donovan and others in the administration have been contacting not only Mr. Schneiderman but his allies, including consumer groups and advocates for borrowers, seeking help to secure the attorney general's participation in the deal, these people said. One recipient described the calls from Mr. Donovan, but asked not to be identified for fear of retaliation.

Not surprising, the large banks, which are eager to reach a settlement, have grown increasingly frustrated with Mr. Schneiderman. Bank officials recently discussed asking Mr. Donovan for help in changing the attorney general’s mind, according to a person briefed on those talks.

In response to this story, the DOJ claims that the settlement is necessary to help people whose homes are in foreclosure, an absurd rationalization which Marcy Wheeler simply destroys. Meanwhile, Yves Smith, whose coverage of banking and mortgage fraud (and the administration's protection of it) has long been indispensable, writes today:

It is high time to describe the Obama Administration by its proper name: corrupt.

Admittedly, corruption among our elites generally and in Washington in particular has become so widespread and blatant as to fall into the "dog bites man" category. But the nauseating gap between the Administration's propaganda and the many and varied ways it sells out average Americans on behalf of its favored backers, in this case the too big to fail banks, has become so noisome that it has become impossible to ignore the fetid smell.

The Administration has now taken to pressuring parties that are not part of the machinery reporting to the President to fall in and do his bidding. We’ve gotten so used to the US attorney general being conveniently missing in action that we have forgotten that regulators and the AG are supposed to be independent.

Her entire analysis should be read. The President -- who kicked off his campaign vowing to put an end to "the era of Scooter Libby justice" -- will stand before the electorate in 2012 having done everything in his power to shield top Bush officials from all accountability for their crimes and will have done the same for Wall Street banks, all while continuing to preside over the planet's largest Prison State . . . for ordinary Americans convicted even of trivial offenses, particularly (though not only) from the War on Drugs he continues steadfastly to defend. And as Sam Seder noted this morning, none of this has anything to do with Congress and cannot be blamed on the Weak Presidency, the need to compromise, or the "crazy" GOP.

I particularly regret that my book to be released in October -- examining America's two-tiered justice system, whereby political and financial elites are immunized from accountability even for the most egregious crimes while ordinary Americans (particularly poor and minorities) suffer unfathomably harsh punishments for minor transgressions -- won't include this incident, as it so perfectly highlights the book's argument (though it's long been obvious that Wall Street criminals would be immunized from accountability and the book deals with that extensively). Also worth reading in that regard is this article from Joseph Stiglitz on how failure to criminally prosecute mortgage fraud would destroy the rule of law. As I wrote at the end of my May post on Schniederman:

It is worth keeping a watchful eye on Schneiderman's investigative efforts and doing everything possible to provide what will undoubtedly be much-needed support if, as appears to be the case, he is serious about taking on these pernicious factions and impeding the conspiring by the political class to protect their benefactors/owners.

When I wrote that, I assumed the pressure would come from the banks themselves, not from top Executive Branch officials. At this point, though, the mistake is to consider those entities as separate and distinct at all. As Democratic Sen. Dick Durbin said of the branch of government in which he serves: banks "frankly own the place." Capitol Hill is obviously not the only property they own on Pennsylvania Avenue.


Obama administration siding with banks in mortgage fraud settlement dispute
by John Aravosis (DC) on 8/22/2011 11:04:00 AM

NYT:

Eric T. Schneiderman, the attorney general of New York, has come under increasing pressure from the Obama administration to drop his opposition to a wide-ranging state settlement with banks over dubious foreclosure practices, according to people briefed on discussions about the deal.

In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks.

Mr. Schneiderman and top prosecutors in some other states have objected to the proposed settlement with major banks, saying it would restrict their ability to investigate and prosecute wrongdoing in a variety of areas, including the bundling of loans in mortgage securities.

But Mr. Donovan and others in the administration have been contacting not only Mr. Schneiderman but his allies, including consumer groups and advocates for borrowers, seeking help to secure the attorney general’s participation in the deal, these people said. One recipient described the calls from Mr. Donovan, but asked not to be identified for fear of retaliation.

The administration will of course say that they're not siding with the banks, but rather, they're simply calling on all sides to reach a settlement agreement. This is a classic Obama flinch. In other words, 'please settle for less than what you could get, because all this fighting makes me sad.'

It also doesn't hurt that the administrating is siding with the banks (who, coincidentally have a lot of money) a good year or so before the next presidential election.

Plus ça CHANGE...
Mazars and Deutsche Bank could have ended this nightmare before it started.
They could still get him out of office.
But instead, they want mass death.
Don’t forget that.
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