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

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

Postby JackRiddler » Tue Jan 29, 2013 3:39 pm

Shhh! I'm going to steal two very good posts by WR, both quotes of Automatic Earth, from two other threads. Keep it quiet now.

Nouriel Roubini as Court Jester - Automatic Earth
viewtopic.php?f=8&t=36003

Wombaticus Rex wrote:
Via: http://theautomaticearth.com/Finance/ho ... ombie.html

How To Spot A Zombie

That thing in Davos is on again, the World Economic Forum, sort of like the Academy Awards without awards but with the same peacock factor. And snow. Full of business leaders and government leaders and media leaders, the vast majority of whom are the same folks who attended before this crisis broke you but not them into pieces, and easily enough to make you realize with a shudder what an unmitigated disaster it is that these are the people who are supposed to take the world back to financial health. Simply because they are the people who profit most from the state of the world as it is, or they wouldn't be there. And they are the chosen ones destined to save you? They are only out to save themselves.

One of the people always present, well, actually, he's a bit of a new addition to the flock who rose to claim and fame because of the crisis, is Nouriel Roubini. And at first sight, you may think: why is he there? He's Dr Doom after all, he has what may look like negative messages for the in-crowd, so why welcome and tolerate him? And then you understand what Roubini's role is.

He's as vain as the others, and he gets paid really well to play his role in the grand scheme. That is to say, Nouriel is the court jester. Every ruler needs someone to make fun of him/her. That creates the impression that (s)he can laugh at him/herself, an indispensable quality if one wishes to impress one's guests. A sign of strength indeed.


The media have continued quoting Roubini for 5 years now, even though he's said a lot of quirky things since he became their darling. He's quoted because he predicted the crisis, yeah, but so did quite a few other people, including ourselves here at The Automatic Earth. So that's not the whole story.

Why then do we find Roubini again in Davos? Because he says things that may sound doomerish and critical, but never in a way that would make the rich and powerful he hob-nobs his way into increasing wealth with uneasy. Sure, they don't like what he says, but they also don’t believe most of what he says. We've all lost track of the number of times through the years that Roubini has - literally - said there's a perfect storm coming just around the corner. So much so that "perfect storm" no longer means anything if coming from him - if it ever did in the context -.

That said, there was something he said last week that does deserve some attention, albeit more or less despite himself. The upside is, Roubini had a good idea. The downside is he got it wrong.


Money printing 'amounts to theft from our children'

Speaking at the World Economic Forum in Davos, Davide Serra, founder of leading hedge fund Algebris, and Nouriel Roubini, the head of Roubini Economics known as Dr Doom for predicting the financial crisis, set out the case against those who think quantitative easing (QE) and low rates are benign policy tools. "When governments borrow, they are taking money from our children. QE is the same – we are lowering returns for future generations. QE creates an inter-generational dilemma," Mr Serra said.

Mr Roubini warned that central bankers need to think about turning off the cheap money tap or risk creating another, possibly even worse, bubble. He argued that policymakers have encouraged markets and individuals to take on crippling levels of debt by leaving asset bubbles unchecked in a boom and coming to borrowers’ rescue in a crisis. [..]

He said loose monetary policy is creating a system biased to creating bubbles, "that's why we've been moving to more unconventional territories" in policy responses - from low rates to QE to credit easing.

"Central bankers have affected the behaviour of the private sector. They have to think about that," he said. "As you do a slow exit out of QE you may create another bubble and make another crisis. "At some point, the consequence of postponing deleveraging is that you end up with zombie banks, zombie companies, zombie households, and zombie governments."


Roubini has identified the fact that there was a crisis, as it was building up, but he's never understood what brought it about (well, either that or he's not telling). The crisis creates zombie everything, he's got that right, but what he doesn't get is that this happens because bailouts and QEs spread around zombie money.

"... the consequence of postponing deleveraging is that you end up with zombie banks, zombie companies, zombie households, and zombie governments." Roubini doesn't identify why that is. Which is that you can only postpone deleveraging with zombie money. In a sense, he himself is a zombie.

Zombie money is what you're left with if you don't restructure debts and financial institutions. If you don't do that, any public money you provide to banks through QE or other stimulus measures is not real in the sense that it can be freely spent or lent out, because at the other end of the ledger it's balanced out (and more) by the unrecognized losses that remain in the books. As long as there's no restructuring, it may plug holes below ground, but because of the size of the holes, above ground it builds only zombies. That is the essence of the financial crisis, and none of it has been resolved.

The only thing that keeps the zombie money from falling through the floor and into the holes is faith, hope, charity and make-believe. Yes, it keeps things going in a more or less acceptable-looking manner if you don't look too close, and yes, it makes the "right people" money, but in the end its most important effect will be procrastination, and that will come at a huge cost. We should be restructuring, but we don't. Those who would stand to lose most in a thorough restructuring of financial institutions are the same "right people" who make money by refusing to restructure.

There is no mystery here. A government or central bank, or both, can resort to QE and bailouts, and do some good, provided they are temporary measures that are balanced out through restructuring. And that they are aimed at relieving pressure for the people in general (whose money pays for it all), not the stakeholders in the very institutions that are being bailed out. We are more than 5 years into this thing and not as much as a second hand car has been marked to market. In fact, the whole concept sounds so foreign by now you can be sure hardly anybody knows what it means anymore.

Another Davos stalwart, Stephen Roach of Morgan Stanley Asia, also mentioned zombies in an article for Project Syndicate, which makes a bit - but only a bit - more sense:


The Fed Just Doubled-Down On A Plan That Led Us Into The Financial Crisis

From the first quarter of 2008 through the second quarter of 2012, annualized growth in [US] real consumption spending has averaged a mere 0.7%—all the more extraordinary when compared with the pre-crisis trend of 3.6% in the decade ending in 2007.

The disease is a protracted balance-sheet recession that has turned a generation of America’s consumers into zombies - the economic walking dead. Think Japan, and its corporate zombies of the 1990s. Just as they wrote the script for the first of Japan’s lost decades, their counterparts are now doing the same for the US economy.

[..] Steeped in denial, the Federal Reserve is treating the disease as a cyclical problem—deploying the full force of monetary accommodation to compensate for what it believes to be a temporary shortfall in aggregate demand.

The convoluted logic behind this strategy is quite disturbing—not only for the US, but also for the global economy. There is nothing cyclical about the lasting aftershocks of a balance-sheet recession that have now been evident for nearly five years. Indeed, balance-sheet repair has barely begun for US households. The personal-saving rate stood at just 3.7% in August 2012—up from the 1.5% low of 2005, but half the 7.5% average recorded in the last three decades of the twentieth century.

Moreover, the debt overhang remains massive. The overall level of household indebtedness stood at 113% of disposable personal income in mid-2012—down 21 percentage points from its pre-crisis peak of 134% in 2007, but still well above the 1970-1999 norm of around 75%. In other words, Americans have much farther to go on the road to balance-sheet repair—which hardly suggests a temporary, or cyclical, shortfall in consumer demand.

[..] Just as two previous rounds of quantitative easing failed to accelerate US households’ balance-sheet repair, there is little reason to believe that "QE3" will do the trick. Quantitative easing is a blunt instrument, at best, and operates through highly circuitous—and thus dubious—channels. Significantly, it does next to nothing to alleviate the twin problems of excess leverage and inadequate saving. Policies aimed directly at debt forgiveness and enhanced saving incentives—contentious, to be sure—would at least address zombie consumers’ balance-sheet problems.

Moreover, the side effects of quantitative easing are significant. Many worry about an upsurge in inflation, though, given the outsize slack in the global economy—and the likelihood that it will persist for years to come—that is not high on my watch list.

Far more disconcerting is the willingness of major central banks—not just the Fed, but also the European Central Bank, the Bank of England, and the Bank of Japan—to inject massive amounts of excess liquidity into asset markets – excesses that cannot be absorbed by sluggish real economies. That puts central banks in the destabilizing position of abdicating control over financial markets. For a world beset by seemingly endemic financial instability, this could prove to be the most destructive development of all.




That's all fine and well, and Roach provides some interesting numbers, but he doesn't address the core of how zombified the US economy has truly become. Roach names America's consumers as zombies, but not its banks (or other companies and institutions), perhaps due to his own job description. And while one might argue that this is due merely to Mr. Roach focus in this particular piece, it does at the same time prevent one from fully comprehending the issues at hand.

When Roach talks about the "massive amounts of excess liquidity" injected by central banks, he fails to mention that these amounts were never - primarily - aimed at remedying household debt. Similarly, where he writes:"Just as two previous rounds of quantitative easing failed to accelerate US households' balance-sheet repair, there is little reason to believe that "QE3" will do the trick", he tempts his reader to overlook the fact that QE was never meant to repair household debt.

Zombie banks become what they are because their debts are too large for them to overcome, pay off, conquer. Throwing massive amounts of stimulus money at them can by definition only work if the banks' debts are restructured at the same time, and to an equal standard. This has not been done, and to this day still isn't, because such restructurings bring about large losses for the banks' stakeholders, and it's these stakeholders have as strong and rich a hold on political power as they have on the banks. This political power enables them to evade their own losses and use public money to keep the banks afloat.

But they can't live in a world replete with zombies anymore than the less fortunate can, though they don’t understand that this is so, or why that is. A rich owner of a zombie bank in the end can only be, turn into, a zombie him/herself. The worst may hit the poorer a bit earlier, but then, we all have kids.

There's a striking similarity with how we all live in this world where we "harvest" all resources we can lay our hands on and kill off much of the natural world in the process, totally oblivious to the obvious fact that we have developed the way we have because that natural world was composed of the elements it was, and there is no guarantee we will survive in the world we create by driving millions of these elements into extinction. But that's topic for another day.

What people like Roubini and Roach, along with most of the financial world and hangers on (re: Davos), don't see, quite likely because their livelihoods depend on them not seeing it, is that through trying to save their own world by allowing public funds to turn into zombie money, i.e by not restructuring debt, down the line they hold only zombie money and themselves turn into zombies.



Roubini states that we WILL end up with "zombie banks, zombie companies, zombie households, and zombie governments", but he gets his timing wrong - it's already happened - and he doesn't understand why. He gets close, though, got to give him that, saying that it's: "...the consequence of postponing deleveraging". Still that's merely part of the story. What Nouriel doesn't mention is that we can only postpone deleveraging by turning trillions of dollars of the public's funds, and their children's, into zombie money, the kind designed to cover bottomless pits to such a degree you think we can all of us walk on water.

Stephen Roach talks about the failure of QE in repairing Joe Blow's finances (household debt), but neglects the reality that no QE was ever intended to do that. In fact, it's exactly because Joe and Jill Blow's - and their children’s- money is used not to save them from ruin, but to save the banks that rule their world, that their money has gone zombie. As in not real, perhaps appearing to be real, but in essence empty and out for your blood.

It's attractive and tempting to watch all the news and opinions on offer right now that promise you recovery, but there's no substance in them, they're as zombie as the economy they try so hard to celebrate. It really is simple: The debt is still there, nothing's been fully marked to market, all that's happened over the past five years is that your money has been used to cover up a whole bunch of bottomless holes. And precisely and ironically because it's your money has been used for the cover up, it's your children who are going to fall into those holes.

We can either opt to deal with reality or accept that we continue to roam our lives as the zombies we now are. And yes, we do still have that choice.




The scale of things
viewtopic.php?f=8&t=17196&start=120#p490599

Wombaticus Rex wrote:
Via: http://theautomaticearth.com/Finance/scale-matters.html

Scale matters. When it changes, other things change as a function of it, often in unpredictable ways. Emergent properties are system characteristics that come into existence as a result of small and simple units of organization being combined to form large and complex multi-unit organizational structures. One can know everything there is to know about the original simple units and yet be unable to predict the characteristics of the larger system that emerges as many units come together to interact as a larger whole.

For instance, knowing everything about an individual cell sheds no light on the behaviour of a sophisticated multicellular organism. At a higher level of organization, knowing everything about an organism does not predict crowd behaviour, the functioning of an ecosystem, the organization of stratified societies, or the dynamics of geopolitics as societies interact with one another. The complex whole is always far more than just the sum of its parts.

Human social organization is particularly flexible when it comes to changes in scale. It can function in a myriad forms - from simple, generalist tribal associations, where everyone knows everyone else and interactions are grounded in established personal relationships, to the most complex, specialized and hierarchical imperial civilizations, where emergent connections and institutional structures must inevitably transcend the personal.

Where human societies find themselves along that continuum will depend on many local factors, including the nature, extent, accessibility and storability of the resource base over time, as well as the potential for leveraging human labour, historically using animals. Energy, and particularly energy returned on energy invested (ie the potential to control substantial energy surpluses) is critical. The greater the extent to which substantial, storable resource surpluses can be amassed and centrally controlled, the more likely a complex hierarchical organizational structure is to emerge. Where surpluses are small, resources cannot be stored, human efforts cannot be leveraged, or key resources are less subject to control, much smaller scale, simpler and more horizontally structured groups would be expected instead.


Forms of organization based on agriculture are inherently both expansionist and catabolic. Existing ecosystems are destroyed to make way for patches of monocrop, rapidly converting the productive potential of the land into human biomass at the expense of biodiversity and soil fertility. Many hands are needed to work the land, so many children are produced, but as they grow up, more land must be cultivated every generation, because the existing land cannot accommodate the rapidly rising number of mouths to feed. Carrying capacity is, however, limited.

This in-built need to expand, sometimes to the scale of an imperium in the search for new territory, means that the process is grounded in ponzi dynamics. Expansion stops when no new territories can be subsumed, and contraction will follow as the society consumes its internal natural capital. Previous agricultural societies have left desert in their wake when that natural capital has been exhausted.

Limits to growth are not a new phenomenon, nor is collapse when expansion is no longer possible. The difference this time is that we are approaching hard limits at a global scale, there is nowhere left to expand to, modernity has greatly increased the scope and the rate of our catabolic potential, and therefore the collapse will be the most widespread human civilization has faced.

Some societies are more despotic than others. Elite control over resources, distribution of surpluses, or monolithic infrastructure, such as major dams, confers power and strengthens hierarchy. Where surpluses are substantial, controllable and storable, and can support a large percentage of the population not required to work the land directly, a great deal of societal differentiation and complexity may develop, with a substantial gap between haves and have nots. The haves are typically part of the rentier economy, or otherwise in a position to cream off the surpluses from the labour of lower social strata.

The degree of general freedom probably depends on the extent to which it is in the interests of the powerful. If it is more profitable for the elite to grant economic freedom, and then reap a large share of the proceeds, than to control society directly from the centre, then freedom is far more likely. When circumstances change, however, that may no longer be the case. Relative freedom is associated with economic boom times, when there is an explosion of economic activity to feed off. When boom turns to bust, and there is little economic activity for a prolonged period, direct control of what if left is likely to be of greater appeal. As we stand on the verge of a very substantial economic contraction, this is a major concern. Freedom is addictive, and taking it away has consequences for the fabric of society.

In our own modern situation, the freedom enjoyed in first world countries is arguably both a direct and an indirect a result of the enormous energy surplus we have benefited from. Energy surplus has allowed us to substitute energy slaves directly for the forced labour that has been a prevalent feature of so many previous societies, and it has allowed us to intensify complexity in order to create many opportunities for innovation and advantage. It has also enabled an increase of scale to the global level, so that hard work for low pay, and unpleasant externalities, could be off-shored while retaining the benefits in the first world, albeit very unevenly distributed within it.

The size of the global energy surplus is likely to fall very substantially in the coming years. This will inevitably have a major impact on global socioeconomic dynamics, as it will undermine the ability to maintain both the scale and degree of complexity of the global economy. The expansion of effective organizational scale on the way up is a relatively smooth progression of intensification and developing complexity, but the same cannot be said for its contraction. As we scaled up we built structural dependencies on the range of affordable inputs available to us, on the physical infrastructure we built to exploit them, on the trading relationships formed through comparative advantage, and on the large scale institutional framework to manage it all. Scaling down will mean huge dislocation as these dependencies must give way. There is simply no smooth, managed way to achieve this.



A foundational ingredient in determining effective organizational scale is trust - the glue holding societies together. At small scale, trust is personal, and group acceptance is limited to those who are known well enough to be trusted. For societies to scale up, trust must transcend the personal and be grounded instead in an institutional framework governing interactions between individuals, between the people and different polities, between different layers of governance (municipal, provincial, regional, national), and between states on the international stage.

This institutional framework takes time to scale up and relies on public trust for its political legitimacy. That trust depends on the general perception that the function of the governing institutions serves the public good, and that the rules are sufficiently transparent and predictably applied to all. This is the definition of the rule of law. Of course the ideal does not exist, but better and worse approximations do at each scale in question.

Over time, the trust horizon has waxed and waned in tandem with large cycles of socioeconomic advance and retreat. Trust builds during expansionary times, conferring political legitimacy on larger scale forms of organization. Trust takes a long time to build, however, and much less time to destroy. The retreat of the trust horizon in contractionary times can be very rapid, and as trust is withdrawn from governing institutions, so is political legitimacy. This process is already underway, as a litany of abuses of public trust previously obscured by expansion is coming to light. Contraction will rapidly lift the veil from far more trust-destroying scandals than almost anyone anticipates.

Even at the peak of expansion, international scale institutions struggled to achieve popular legitimacy, due to the obvious democratic deficit, lack of transparency, lack of accountability and insensitivity to local concerns. Even under the most favourable circumstances, true internationalism appears to be a bridge too far from a trust perspective. For this reason, world government and a global currency were never a realistic prospect, as much as some may have craved and others dreaded them. Even a transnational European single currency has suffered from a fatal disparity between the national level of primary loyalty and the international level of currency governance, and as such has no future.

As the circumstances supporting economic globalization and attempts at global governance evaporate, and the process goes into reverse, smaller and smaller scale governance structures are likely to join international institutions as stranded assets from a trust perspective - beyond the trust horizon - and lose legitimacy as a result. International structures are likely to fade away, or be torn apart by strife between disparate members who no longer see themselves are part of a larger whole. The socioeconomic impact of the latter process, for which Europe is the prime example, is likely to be enormous. For a time this may strengthen national institutions, but this is likely to be temporary as they too are subject to being undermined by the withdrawal of trust.

Where people no longer internalize and follow rules, because they no longer see those rules as in the general interest, existing national institutions would have to devote far more energy to surveillance and compliance enforcement. The difference in effort required is very significant, and that effort further alienates the governed population in a socially polarizing downward spiral of positive feedback. It also renders governance far less effective. The form of the institutional framework may still appear outwardly the same, but the function can be both undermined from below and overwhelmed from within by an obsession with enforcement until it ceases to be meaningful. This shift is already well underway.



As contraction picks up momentum, the combination, on the one hand, of a desire to control remaining resources and the benefits from remaining economic activity, and on the other the loss of trust and compliance, and consequent movement towards enforcement, is likely to lead to far more authoritarian forms of government in many places. While central control can occasionally facilitate useful responses to crisis, such as rationing of scarce resources, the power is far more likely to be abused for the benefit of the few, as has so often been the case throughout history.

It is within this general context that society will have to function, although considerable path-dependent local variation can be expected. Trust has a very long way to withdraw, especially in places where some form of totalitarianism develops, as this malignant form of governance actively undermines trust among the populace for the purpose of maintaining control through fear. Even in luckier locations, trust is likely to contract enough to undermine the efficacy of any institution beyond municipal scale, and possibly smaller.

Contractions as large as the one ahead lead to a major trust bottleneck through which society must pass before any kind of recovery can begin to get traction, but the narrowness of that bottleneck will vary considerably between societies. Societies with well developed, close-knit communities are likely to find that far more trust survives, and that in turn will mitigate the impact of contraction and hasten the recovery that will involve rebuilding trust from the bottom up.

Given that trust is a major determinant of effective organizational scale, and that the trust horizon is set to contract substantially, the scale at which it makes most sense to work will be much smaller and more local than previously. The future will, eventually, be one of decentralization by necessity. The odds of making a positive impact at smaller scale will be substantially higher, particularly if the actions undertaken are predicated upon a simpler society rather than based on current complex systems. It makes sense to focus scarce resources - money, energy, materials, effort, emotional intensity - where they can achieve the most. An understanding of scale and its determinants is critical in this regard.

It is interesting to look at the role of money in relation to trust and societal scale. Very small and simple societies grounded in personal relationships can function on a gift basis, as the high level of trust in a small number of well-known others is enough to mean that keeping track of favours done for one another is not necessary. Favours may simply be performed when necessary and reciprocity taken for granted. Resources may be 'owned' by the group, or made generally available to the group, rather than owned privately and subject to specific exchange.



Scaling up from this point requires interacting with people less well known, where there is less faith that favours done will be reciprocated, so that keeping track becomes necessary. Larger societies are more likely to be hierarchical, with resources privately owned. Exchange of goods or services would then require some form of relative value quantification. It could be decided that everyone's time is of equivalent worth and therefore that, at the simplest level of value accounting, keeping track of hours contributed would be sufficient. Further scaling up would require greater sophistication in both time and resource accounting. Money is the value abstraction that evolves to perform this function, hence the development of a monetary economy is an emergent property of scale. The paradox of money is that even as it allows trust to scale up beyond the personal, its use is fundamentally a measure of distrust in reliable interpersonal reciprocity.

As scaling up continues, along with increasing socioeconomic differentiation, it becomes necessary to interact constantly with completely unknown individuals. For this to function, the necessary trust must vest in the institutional framework itself, in the abstract representation of value that becomes a store of value in its own right in addition to being a medium of exchange, and in the complex web of rules by which it operates in large scale societies. These rules grow progressively more complex with expanding societal scale and increasing complexity, as the nature of money itself becomes increasingly abstract and derivative.

Money in the form of precious metals was replaced by promissory notes based on precious metals, then promissory notes backed by faith alone, virtual representations of promissory notes, promises to repay promissory notes, or bets on the abstract price movements (denominated in promissory notes) of underlying assets, which could themselves by abstract. Trust in the value of these abstractions in turn gives them value, and each extension of monetary equivalence creates the foundation of confidence for the next step.

The initial physical monetary commodity would have been chosen to be relatively scarce and not creatable, facilitating central control over a limited money supply. However, when an expansionary dynamic is underway, and a larger money supply is called for in order to lubricate the engine of a growing economy, a rapidly expanding supply of increasingly abstract monetary equivalents may serve that need, at the cost of the loss of any semblance of control over the supply of what is accepted as constituting money. In other words, inflationary times are grounded in an exponentially exploding supply of human promises, backed by assets that are increasingly over-pledged as collateral even as their price is bid up by the expanding purchasing power granted by confidence in promises to repay. This is another self-reinforcing dynamic.

Our history has experienced many credit-fuelled cycles of expansion, going back to antiquity. Positive feedback spirals continue, relatively smoothly, until they can no longer do so. A limit is reached, and there is typically a rapidly spreading realization that the pile of human promises is very heavily under-collateralized. The trust which had conferred value in abstract promises dissipates very quickly, taking the erstwhile value with it.

The credit which had gained monetary equivalence during the expansion is deprived of it, and the resulting abrupt contraction of the effective money supply becomes a major factor in a positive feedback loop in the deflationary direction - the collapse of the money supply removes the lubricant from the engine of the economy, the fall in purchasing power undermines asset prices and promises consequently become even less well collateralized, driving further contraction.

The last thirty years have seen the latest incarnation of a major expansion cycle, reaching unprecedented heights in terms of trust in the value of abstractions as the exponential growth of the shadow banking system has overwhelmed official monetary channels and control mechanisms. We are now on the verge of the implosion that will inevitably follow as trust evaporates and virtual value disappears. The contraction will proceed until the small amount of remaining credit/debt is acceptably collateralized to the few remaining creditors.

At that point we can begin to rebuild trust in a new monetary system, and by extension a new form of societal organization. It will likely be one with a strong emphasis on central monetary supply control, with little or not scope for the monetization of expansionary promises. The successive 'financial innovations' that built the bubble will be outlawed, as similar phenomena have been before in the aftermath of collapse. Unfortunately, the controls do not last, and a new generation will eventually make similar mistakes once the experience of boom and bust passes once again from living memory.

While there is nothing we can do to prevent the bubble from bursting, or the contraction of the trust horizon that will inevitably occur, we can attempt to cushion the blow and limit the extent of contraction. Understanding the critical role of trust, how to nurture it, how it determines effective organizational scale, and therefore what scale to operate at at what time will allow us to maximize the effectiveness of our actions. In terms of rebuilding a monetary system, it will be necessary in many places to operate at a profoundly local level initially, with the reintroduction of the simplest forms of trust extension above a gift economy - keeping track of hours traded in a time banking process, and local currencies operating within the trust horizon. It will be necessary to build community interconnections actively in order to establish, maintain and increase the necessary trust.

If the process succeeds in halting and reversing the contraction of the trust horizon in places, then new monetary arrangements can be scaled up in those locations when necessary. There will be no need to do so rapidly, as the artificial demand stimulation of the bubble years will have disappeared, inevitably leaving much less economic activity during a period of economic depression, and therefore much less demand for a large money supply to lubricate the engine of the economy.



Governance arrangements operating at a scale in line with local monetary provision will be necessary, and can expect to be more effective than larger institutions substantially beyond the trust horizon. The latter, where they still exist and can exercise power at a distance, are most likely to make it more difficult for society to be able to function rather than less, as they can be expected to resist the decentralization that could allow localities to establish resilience.

Operating at a local scale to build local supply chains and resilience is far more compatible with the human psyche. At times when social organization has expanded to the point where it dwarfs individual actions, and may control them either directly or indirectly, individuals are disempowered by scale. Many feel they have no control over the critical factors of their own lives, which often leads to psychological disturbances such as depression, at present widely addressed with medication. Increasing scale can reduce both empowerment and civic engagement, as it fosters the perception that one can achieve nothing through individual action.

The increasing complexity that accompanies scaling up also occupies time, money and individual energies, leaving little in the way of personal resources to contribute to the public sphere. Of course for the few in positions of control, scale translates into leveraging power, which can effectively become a drug in its own right, but for the masses it is much less conducive to functioning effectively and meaningfully. For a while the masses can be bought off with bread and circuses, and, for some, with aspirations to achieving a position of power and leverage themselves.

This only works while it remains possible to supply sufficient bread and circuses, and while people still believe that higher aspirations may be realistic. Expansions do shake up up established orders enough to open doors for a few to exploit the new niches that open up with increasing complexity, but in the latter stages of expansion, the social strata typically reform and solidify again, so that upward mobility becomes harder or impossible. The combination creates a dangerous situation, where financial implosion and social explosion can happen in a simultaneous dislocation.

The shift to operating at a local scale, over the longer term at least (once the dust has settled), can be expected to improve the balance between individuals and society, albeit at the cost of living in a much simpler, lower energy and less resource intensive manner. The implications of this shift are huge. Almost every aspect of our lives will change profoundly. We can expect the transition to be traumatic, as the dislocation of major contractions has always been. What large scale and extreme complexity have given us only appear to be normal, as they have persisted for much or all of our lifetimes. In fact we stand at the peak of an unprecedentedly abnormal period in human history - the largest in a long series of financial bubbles, thanks to the hydrocarbons that allowed it to develop over decades.

Things look good at the peak of a bubble, as if we could extrapolate past trends forward indefinitely and reach even higher heights. However, the trend is changing as the enabling circumstances are crumbling, and the bubble is already bursting as a result. Our task now is to navigate a changing reality. We cannot change the waves of expansion and contraction, as their scale is beyond human control, but we can learn to surf.
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 justdrew » Wed Feb 06, 2013 8:37 am

The US Treasury Department said Tuesday it was selling its last holding in Citigroup, one of the banks rescued by the government amid the 2008 financial crisis.

The sale of Citigroup subordinated notes is expected to add $894 million to the Treasury’s coffers, bringing the overall positive return to US taxpayers on the investment to more than $13.4 billion, the Treasury said in a statement.

The Treasury injected $45 billion into Citigroup under the government’s Troubled Asset Relief Program aimed at preventing the collapse of major financial institutions after the Lehman Brothers bankruptcy in September 2008.

It said it had fully recovered its TARP investment in Citigroup with a profit in 2010.

The subordinated notes offered for sale Tuesday were issued in exchange for Citigroup securities previously held by the Federal Deposit Insurance Corporation “in order to maximize proceeds” on the transaction, the Treasury said.

“Today’s transaction is part of our continuing efforts to wind down TARP’s bank investment programs, which helped stabilize our economy during a severe financial panic and delivered a profit for taxpayers,” Tim Massad, assistant Treasury secretary for financial stability, said in the statement.

In late December the Treasury exited its bailout of insurance giant American International Group, also rescued in the 2008 meltdown. The Treasury said the government had earned a $22.7 billion net profit on the AIG bailout.

The Treasury still holds a stake in General Motors, the biggest US automaker, which was rescued by the US and Canadian governments in 2009.
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Tue Feb 12, 2013 9:49 pm



http://www.counterpunch.org/2013/02/08/ ... -fed/print

Weekend Edition February 8-10, 2013

Why the Government has no Interest in Fixing the Economy
End the Fed


by ROB URIE


The Federal Reserve is supporting and maintaining a system of finance capitalism that by the ‘rules’ of capitalism should have disappeared in 2008. Wall Street, with its outposts now circling the globe, claims its ‘due’ under the premise its system of savage capitalism—permanent displacement of labor, evisceration of restrictions on activities businesses can and cannot engage in, planet-wide shifting of business costs from capital to unaffiliated citizenries, effective takeover of governments and the systematic ‘harvesting’ of constituent value from institutions built in social contexts from social resources, now asks that the rules it has put forth not be applied to it. And the Federal Reserve is the central entity keeping this system alive and intact as a permanent ward of its victims: we, the people.

In contrast to the studied ignorance of the economic mainstream, there is history to consider here. In central respects the current and ongoing ‘Great Recession’ has roots eerily similar to those of the 1930s. By 1929 the highly leveraged financial system was as unfathomably complex and nearly as filled with purposely-fraudulent garbage as Wall Street was in 2008. Throughout the 1930s the Federal Reserve saw its charge as protecting the large banks (Wall Street) as thousands of smaller banks were allowed to fail. The retrospective explanation / apologia from economists is ‘policy failure,’ but the result of banking consolidation to the benefit of the large banks was the same then as it is today. And as ‘austerity’ economics ebbs and flows in the political discourse, the same excuse of ‘policy failure’ is again being put forth to contrast the massive effort to save the financial system of benefit to bankers and plutocrats while ‘adequate’ fiscal stimulus to salve the economic pain of the populace is nowhere to be found.

While economist John Maynard Keynes is credited with developing the economic theories used to patch the capitalist system from the 1930s through the mid-1970s, left out of this explanation is that the banks were turned into utilities, were very heavily regulated, as part of this process. ‘Liquidity provision,’ providing loans and massive infusions of money into the financial system to prevent the forced closure of otherwise viable financial institutions due to temporary ‘panics,’ is today being confused with / being used as cover for / public support for institutions that made loans that never should have been made and for structuring themselves for the benefit of connected insiders in ways perfectly contrary to the interests of maintaining viable institutions. Bankers killed their own banks, not nature, and it is these very same bankers whose interests the Fed represents.

By 2008 and 2009 (and years earlier) the problems with the Wall Street banks were clear to economists familiar with the work of economist Hyman Minsky—a massive ‘Ponzi’ lending cycle, loans made on the basis of rising asset (collateral) values rather than sustainable cash flows, rendered the banking system insolvent once asset values began to decline. Additionally, a ‘shadow’ banking system premised on cash-flow leverage, a/k/a permanently cheap funding from the Fed, produced a systemic suicide mechanism. How clever was this?—the Fed raised interest rates as asset prices fell and the system collapsed. Who benefited?—the bankers who paid themselves from illusory profits and are still being bailed out by the Fed. Who lost?—everyone on the receiving end of the savage capitalism pushed by the banks but from whose ‘rules’ the banks now claim exemption.

The historical lesson mainstream economists in the monetarist tradition (Bernanke, Krugman) learned from the thousands of bank failures of the Great Depression is that dumping large amounts of money into a banking system in crisis provides both time for crisis sentiment to abate and for the facilitation of necessary transactions such as withdrawals by panicked depositors and the liquidation of assets at ‘reasonable’ prices. Without monetary ‘stimulus’ otherwise viable banks were forced to close (and liquidate assets) due to bank runs. And with insufficient money in the financial system, liquidation of assets took place at much lower prices than during ‘normal’ times. Lower asset prices produced a self-reinforcing cycle, systematically lowering the value of the collateral banks held bringing them ever closer to ruin. In contemporary terms as well as those of the Great Depression, homeowners who owed more on their mortgages than their houses were worth entered a ‘debt deflationary’ spiral where stagnant or falling wages were used to pay for houses and other assets worth increasingly less than the money owed against them.

In the narrow terms of mainstream debates over the Fed’s monetary policies, the monetarists have a point—the sudden withdrawal of money from a highly leveraged financial system will force ‘unnecessary’ bankruptcies and asset liquidations at prices below what the assets would be worth in times of abundant liquidity. But this frame deflects attention from relevant particulars such as the nature of bank lending leading to the crisis and the structure of the financial system that leaves individual banks in an interrelated financial system to increase individual bank ‘profits’ by maximizing the risk of systemic crisis. There is ample evidence of rampant lending fraud to feed the securitization pipelines of the Wall Street banks in the most recent housing boom-bust. And the cash-flow leverage of the shadow banks rendered asset values largely irrelevant in a narrow sense as long as low cost funding was continuous in a system where low cost and abundance are known to be cyclical and at the systemic level, because of pledged collateral, asset values remained crucial.

Put another way, Wall Street created a system where either an increase in interest rates (see variable rate mortgages below) or a material decline in asset values would kill the world economy in a world where the Fed ‘manages’ the broader economy by raising and lowering interest rates and the value of assets held by banks is (was) a function of the level of prudence in the lending process. This leaves bankers as either hapless idiots too stupid to know the basics of the monetary economics that govern their industry or cynical sociopaths willing to kill the global economy, with the attendant mass misery doing so is guaranteed to cause, for a fatter paycheck. On the side of stupidity, Fed Chair Ben Bernanke seemed sincerely clueless as the housing bust unfolded on his watch. On the side of cynical sociopaths, in the midst of the worst of the crisis Wall Street bankers connected to the New York Fed were arranging insider deals to personally profit from the bailouts then being engineered by the New York Fed. Neither stupidity nor avarice is mutually exclusive. And since the crisis unfolded Fed policy has been dedicated solely to restoring the fortunes of the malefactors behind it.

To a point poorly understood by mainstream economists- cash-flow leverage works as follows: say a bundle of fraudulently underwritten mortgages was intended to yield 8% but will realistically yield 3%. Thanks to cheap money and lax lending standards the bundle can be leveraged 20X at cost of 1%, that is, for $1 invested in the mortgages $20 of the bundle can be bought with a realistic yield of 3% (cash-flow) – 1% funding cost = 2% X 20 (leverage) = 40% return per year on 20:1 leverage with the $1 of every $20 worth of mortgage bundle serving as collateral. How do bankers get a 1% funding cost against weak collateral? Thank you Federal Reserve. The drop in expected cash flow from 8% to 3% (fraudulent lending) on a 10-year instrument results from approximately 60% of the mortgages not paying, or 12X the collateral value, but the money is borrowed. The borrower realizes a 100% principal loss less the leveraged cash-flow yield and the lender realizes the 60% principal loss if the loan is ended ‘prematurely’ and the cash flow leverage could potentially make up the lost principal if the deal is left in place. This is in effect the Bears Stearns ‘hedge fund’ that blew up in the early stages of the financial crisis and the entire shadow banking system. But here is the important point—they blew up and did so at values far below their collateral values in an interrelated system where when one bank is short of collateral, they all are.

This system was built on abundant, cheap (private) credit provided by an ‘accommodative’ Fed and a banking system willing to kill the broader economy for individual gain with certain knowledge the Fed will bury the bodies and create enough money to revive the system. Five years hence mainstream economists are still prattling on about a ‘zero lower bound’ on interest rates when fiscal policy could have recovered ‘aggregate demand’ four years ago and the structure of the banking system keeps the likelihood the Fed will raise interest rates at minus 100%. (My published forecast in 2008 was the Fed wouldn’t (couldn’t) raise interest rates in my actuarially expected lifetime, then more than a few decades into the future). Put another way, five years into this crisis the Fed is still in full life support mode for the financial system and this is five years after the start of a purported economic ‘recovery.’ The real and promised infusion of tens of trillions of dollars in public funds did solve the narrow issue of avoiding large numbers of bank failures and the deflationary pressures of large scale forced liquidations of assets. But this has both perpetuated and accelerated the stranglehold finance has on the economies of the West. And the Fed’s plan today is to re-flate asset values to bubble levels, not to ‘fix’ the economy.

Fed interest rate policy—keeping interest rates near zero for an extended period, has a number of dimensions, most of them poorly understood. First, the same policy that can be explained in terms of helping ‘consumers,’ e.g. homeowners who have variable rate mortgages that would make the mortgages unaffordable if interest rates rose, can be better explained as helping the banks. Most of the truly egregious mortgage loans made at the height of the housing bubble were marketed (by private mortgage originators) as ‘affordability’ products to less financially sophisticated and more economically marginalized borrowers at greatest risk of being unable to repay them. These also happened to be mainly variable rate loans, many whose principal value could get larger through ‘negative’ amortization. These mortgage types were geographically concentrated in the areas of greatest house price inflation. So yes, ‘consumers’ benefit from lower interest rates in the sense many would otherwise be forced into foreclosure. But the concentrations of geography, financial fragility of borrowers and loan types that cause maximum economic damage in exchange for maximum short-term fees for the banks weight the decision of the Fed on the side of already over-leveraged, insolvent banks. Alternatively, using fiscal policy to raise the incomes of these marginal borrowers and / or using the bailout money to pay the difference between amounts owed on the mortgages and current house values would serve their interests more than low interest rates, but doing these has never been under serious discussion. (And the latter, paying ‘underwater’ mortgage amounts, would have also served the banks by making collateral value equal to loan amounts).

If the government had an interest in fixing the economy, fiscal policy—government jobs programs, large-scale investment in ‘green’ infrastructure and technology, and public investment in education and healthcare could do most of the heavy lifting. This has not happened. Additionally, toxic institutions that are self-perpetuating and eventually all consuming if not brought to heel like the military and banking industries could be brought to heel. This has not happened. This is to say: ‘the government’ has no interest in fixing the economy. To then argue the Federal Reserve is the sole institution left to fix the economy begs the question: why? This brings up actual Fed policy, which is explained by the economic mainstream as acting in the public interest when Fed policies could be more credibly explained as serving the interests of the banks and bankers who killed the global economy. The incomes and wealth of connected plutocrats and the bonuses and paychecks of bankers have indeed been ‘recovered’ by Fed policy—this was accomplished with specific Fed policies such as Quantitative Easing to re-flate the value of financial assets. In fact, the best argument to be made by mainstream economists in favor of Fed policy is if the rich are made rich enough they can hire us to scrub their toilets and mow their grass (wealth effect). This is to say the least effective policies to benefit most people—those suffering most from adverse circumstances, are the only ones being implemented.

Calls to ‘end the Fed’ are the bread and butter of gold bugs and economic conspiracy theorists on the right. But some of the intellectual founders of this movement, Austrian economists, framed their critiques of Fed policy in terms roughly similar to what is written here. The Fed has engineered economic recessions and recoveries in the interest of bankers (banks benefit from deflation, hence the bugaboo of inflation versus say, mass unemployment). The economic mainstream in favor of the Fed’s monetary policies sees them as better than nothing when it is the financial system the Fed is maintaining that continues to bleed the economy dry. As with military policy and domestic surveillance, the political / economic center has become the ‘rational’ voice for what are increasingly fringe institutions in terms of their social utility. The Fed, as is its history, has recovered and covered up for the system of finance capitalism so it may kill again. The crooks and fools behind ‘teaser rate, variable rate negatively amortizing mortgages’ are currently busy gaming collateral requirements for exchange traded ‘swaps’ ($700 trillion plus in outstanding notional value). House prices in permanent boom / bust regions like Southern California are once again booming. These also happen to be the areas with the most bank exposure to residential real estate. For those elated with the boom, just wait a while—the engineered bust is coming just as certainly.

Some very bright and well-intentioned commentators argue the Fed is ‘liberal’ compared with its European counterparts. But this is only one of the potential ways to frame its role. How does the history of the Federal Reserve stack up against the possibility of a system designed to serve the public interest, the poor as well as the rich? The U.S. government has issued currency quite competently in circumstances where it had to. The Fed’s boom / bust cycles always benefit the well to do and punish the economically marginal. Place these words in the back of your mind for the next inevitable economic calamity engineered by the banks and facilitated by the Fed. Another world is not only possible, but also necessary.


Rob Urie is an artist and political economist in New York.
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Re: "End of Wall Street Boom" - Must-read history

Postby kelley » Thu Feb 14, 2013 10:49 am

following obama's address, kerry's nomination, etc please persuade me to see this as anything but crony capitalism of the absolute worst kind:


http://www.zerohedge.com/news/2013-02-1 ... -7250share


Heinz Confirms It Will Be Acquired By Buffett In $28 Billion Transaction At $72.50/Share
Submitted by Tyler Durden on 02/14/2013 07:58 -0500

Berkshire Hathaway Davis Polk Lazard Merrill Merrill Lynch New York Stock Exchange Wachtell Lipton Warren Buffett Wells Fargo


Just released by Heinz. Luckily, the brand new US Secretary of State has a full conflict of interest release.

H.J. Heinz Company Enters Into Agreement to Be Acquired by Berkshire Hathaway and 3G Capital

H.J. Heinz Company (NYSE: HNZ) (“Heinz”) today announced that it has entered into a definitive merger agreement to be acquired by an investment consortium comprised of Berkshire Hathaway and 3G Capital.

Under the terms of the agreement, which has been unanimously approved by Heinz’s Board of Directors, Heinz shareholders will receive $72.50 in cash for each share of common stock they own, in a transaction valued at $28 billion, including the assumption of Heinz’s outstanding debt. The per share price represents a 20% premium to Heinz’s closing share price of $60.48 on February 13, 2013, a 19% premium to Heinz’s all-time high share price, a 23% premium to the 90-day average Heinz share price and a 30% premium to the one-year average share price.

“The Heinz brand is one of the most respected brands in the global food industry and this historic transaction provides tremendous value to Heinz shareholders,” said Heinz Chairman, President and CEO William R. Johnson. “We look forward to partnering with Berkshire Hathaway and 3G Capital, both greatly respected investors, in what will be an exciting new chapter in the history of Heinz. With Heinz stock recently at an all-time high and 30 consecutive quarters of organic topline growth, Heinz is being acquired from a position of strength. As a private enterprise, Heinz will have an opportunity to drive further growth and advance our commitment to providing consumers across the globe with great tasting, nutritious and wholesome products,” added Johnson.

Warren Buffett, Chairman and CEO of Berkshire Hathaway said, “Heinz has strong, sustainable growth potential based on high quality standards, continuous innovation, excellent management and great tasting products. Their global success is a testament to the power of investing behind strong brand equities and the strength of their management team and processes. We are very pleased to be a part of this partnership.”

Alex Behring, Managing Partner at 3G Capital said, “We have great respect for the Heinz brands and the strong business that management and its employees operate around the world. We approached Heinz to explore how we might work together to expand the value of this storied brand. We fully recognize Heinz’s value and heritage and look forward to working together with Heinz’s employees, suppliers and customers as we invest in and support the company’s ongoing global growth efforts.”

Understanding the need to preserve Heinz’s values, heritage and community connections, Berkshire Hathaway and 3G Capital have pledged to maintain Pittsburgh as its global headquarters, and to fulfill and continue its philanthropic support of community initiatives and related investments.

The transaction will be financed through a combination of cash provided by Berkshire Hathaway and affiliates of 3G Capital, rollover of existing debt, as well as debt financing that has been committed by J.P. Morgan and Wells Fargo. Berkshire Hathaway owns and invests in leading businesses across a variety of industries, including numerous iconic brands. 3G Capital is a global investment firm focused on long-term value creation, with a particular emphasis on building and expanding great brands and businesses.

The transaction is subject to approval by Heinz shareholders, receipt of regulatory approvals and other customary closing conditions, and is expected to close in the third (calendar) quarter of 2013.

Advisors for this transaction include: Centerview Partners and BofA Merrill Lynch as financial advisors to Heinz and Davis Polk & Wardwell LLP as legal advisor to Heinz. Moelis & Company acted as advisors to the Transaction Committee of Heinz’s Board of Directors and Wachtell, Lipton, Rosen & Katz served as legal advisor to the Transaction Committee of Heinz’s Board of Directors.

Lazard served as lead financial advisor. J.P. Morgan and Wells Fargo also served as financial advisors to the investment consortium. Kirkland & Ellis LLP is acting as legal advisor to 3G Capital. Munger, Tolles & Olson LLP is acting as legal advisor to Berkshire Hathaway.

Press Conference / Webcast

Heinz and 3G Capital invite media to attend a joint press conference today, February 14, at 11 a.m. Eastern Time at Heinz World Headquarters, One PPG Place, Suite 3100 in Pittsburgh, PA.

The press conference will be hosted by:

William R. Johnson, Heinz Chairman, President and Chief Executive Officer
Alex Behring, Managing Partner, 3G Capital
A live broadcast of the press conference will be available via satellite (details below) and a video webcast (listen only) of the press conference will be available in real-time and archived for playback on the company website, www.heinz.com.
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Re: "End of Wall Street Boom" - Must-read history

Postby kelley » Sat Feb 16, 2013 9:07 pm

oh shit

oh no

oh wait:

http://www.cnbc.com/id/100442841


Acting just one day after the surprise announcement that H.J. Heinz would be acquired by Warren Buffett's Berkshire Hathaway and Brazil-based 3G Capital for $23.3 billion, the SEC has gone to court to freeze assets associated with what it calls "highly suspicious options trading."

The SEC accuses "unknown traders" of having advance word of the deal and buying options a day ahead of the news to make "risky bets" that Heinz's stock price would rise. Both the size and the timing of the trades raised suspicions at the SEC.

According to the government, the traders made more than $1.7 million when Heinz's stock soared almost 20 percent after the merger was announced publicly.

(Read more: SEC Looks at Trades a Day Before Heinz Deal )

The emergency court order freezes assets in a trading firm based in Zurich, Switzerland. The SEC said the freeze guarantees that potentially illegal profits can't be taken out of the account while its investigation continues.

According to an SEC official, the suspicious traders will "now have to make an appearance in court to explain their trading if they want their assets unfrozen."
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Re: "End of Wall Street Boom" - Must-read history

Postby seemslikeadream » Wed Feb 27, 2013 12:31 am

BOOM

Sen. Kaufman on JPMorgan Chase: Private Lawsuit Found Evidence the Feds Didn't
Posted: 02/07/2013 11:00 pm

Think of it as the story of two antagonists. One of them was an honest senator who came to Washington to fight corruption. The other is an arrogant banker who's so sure of his untouchability that he wore "FBI" cufflinks when he made a public appearance last month.

The Senator

Former Sen. Ted Kaufman, whose epic struggle to bring Wall Street to justice was depicted in PBS Frontline's recent episode "The Untouchables," made a striking observation on a press call today. "In a private case," Sen. Kaufman said, the Dexia bank's lawsuit "... uncovered reams of emails directly related to the fact that fraud was (allegedly) being committed by JPMorgan Chase."

He was referring to headlines like "E-Mails Imply JPMorgan Knew Some Mortgage Deals Were Bad" in the New York Times and "JPMorgan Hid Reports of Defective Loans Before Sales" in Bloomberg News. Sen. Kaufman added:

It's not just that the government wasn't bringing a case against JPMorgan Chase. Everybody in Washington from the president on down was praising its CEO, Jamie Dimon, claiming he was our nation's smartest and most ethical banker. So were a lot of reporters. Roger Lowenstein's flattering profile of the dyspeptic Dimon remains a classic of the Wall Street flattery genre.

Even Alison Frankel, who has done some excellent reporting in this area, was somehow able to ask only last month (unless her editors wrote the headline for her): "Is JPMorgan Chase the new MBS (mortgage-backed securities) piñata?"

Sometimes a piñata turns out to be a real donkey.

FBI Cufflinks

Wall Street Journal reporter David Erlich sent this to his Twitter followers from the international finance soiree at Davos: "Jamie Dimon is sporting FBI cuff links at #Davos. Sadly he wouldn't let me take a picture of them."

But then, there are a lot of things Jamie Dimon doesn't want coming to light. What message do you suppose he was trying to send with those cufflinks, especially in the wake of the criminal inquiries into his bank's behavior in the "London Whale" scandal? Peter J. Boyer and Peter Schweizer noted last May that, based on the Justice Department's record of hands-off attitude toward the bank, "JPMorgan Chase has nothing to fear from an FBI probe."

Even after JPMorgan Chase entered into enormous financial settlements -- for charges that ranged from sophisticated investor fraud to plain old-fashioned Alabama bribery -- it was considered somehow déclassé to suggest that the crime wave which occurred on Mr. Dimon's watch should in any way reflect badly on his character or managerial skills.

JPMorgan Chase was the "good" bank, and Dimon the "good" CEO. It was considered "unserious" to imagine that the bank's crimes could be pursued -- or, despite mountains of evidence, that they had even been committed. But somehow Dexia and its attorneys were able to obtain evidence that the Department of Justice, the FBI, and the enormous machinery of our national security state could not -- or would not -- find for itself.

What did FBI-cufflinks-wearing Jamie tell the public about that criminal matter, the $6 billion loss that he told investors was nothing? "We did have record profits. Life goes on."

I think we can guess what the "F" stands for.

The Evidence

The information that Dexia assembled is breathtaking -- and damning. The JPM section of their complaint begins by reminding us that JPMorgan Chase was lagging behind its Wall Street competitors in 2005. Dimon has tried to rewrite history since then by arguing that he was smarter than other bankers and stayed away from the short-term profits of mortgage-backed securities because he was wise enough to see how risky they were.

Nonsense. As the Dexia lawsuit recaps, they were just late to the game. Dimon was desperate to get it on the action, telling investors in the 2006 Annual Report that the unit handling MBS had "materially increased its product breadth and volume" -- from virtually nothing to $25 billion in just a year.

Dimon also reassured investors that the unit "maintained its high lending standards" and had "materially tightened" its underwriting -- much as he assured investors that the bank had tightened its standards after the 2008 crisis when the "London Whale" unit reporting directly to him wasn't following published standards, and much as he told them that the "London Whale" losses were a "tempest in a teapot" when he secretly knew they amounted to billions.

The emails uncovered by Dexia show that JPMorgan Chase tried desperately to make up for its late entrance into the mortgage feeding frenzy by cutting corners and misleading investors. In fact, the Dexia suit includes documentation which suggests that Dimon had already told a senior executive to sell off the bank's own ownership of these poorly-underwritten securities.

A Forbes magazine story cited in the suit also quote Dimon as saying, "This stuff could go up in smoke!"

True Confessions

An internal JPMorgan Chase memo reportedly told staff how to cheat "Zippy," the company's underwriting system, by falsifying information in order to write bad loans. The memo was even entitled "Zippy Cheats & Tricks."

The Dexia filing extensively documents JPMorgan Chase's flouting of underwriting standards, its misrepresentations to investors, and its rewriting and falsification of independent analyses. These acts are strongly suggestive of criminal acts by individuals, as well as civil wrongdoing.

Sen. Kaufman spoke authoritatively about the deterrent effect that criminal indictments have against white-collar crime. Someone is much less likely to commit a white-collar crime, according to studies, if they know that they could be prosecuted. As Sen. Kaufman explained, this deterrent effect is much weaker for drug crimes, whose perpetrators have already faced the criminal justice system. But bank crimes aren't drug crimes -- except, of course, when they are.

Sen. Kaufman added: "There have been a number of us saying in the cases against JPMorgan Chase and Goldman Sachs and Morgan Stanley and the big banks was that one of the problems with the settlements ... is that they never had to admit wrongdoing."

The Badge

When JPMorgan Chase was sued over the actions of subsidiary Bear Stearns, it implied that it had only acquired that firm as a favor to the nation -- a myth the press has often repeated - and made it clear that it felt it was unfair to be punished for the acts of an organization that was not under Mr. Dimon's supervision at the time. Thanks to Dexia, that particular injustice has now been corrected.

It remains to be seen if the Justice Department will follow Dexia's lead and investigate the compelling evidence of criminal actions at JPMorgan Chase.

Jamie Dimon may believe that he and his peers above the law, but there are still honest people trying to hold them accountable. And he may have those FBI cufflinks, but hey -- Elvis Presley got Richard Nixon to give him a badge from the Narcotics Bureau, and we know how that story ended.


E-Mails Imply JPMorgan Knew Some Mortgage Deals Were Bad
BY JESSICA SILVER-GREENBERG

Jamie Dimon, JPMorgan’s chief. The bank is being sued over mortgage-backed deals.
When an outside analysis uncovered serious flaws with thousands of home loans, JPMorgan Chase executives found an easy fix.

Rather than disclosing the full extent of problems like fraudulent home appraisals and overextended borrowers, the bank adjusted the critical reviews, according to documents filed early Tuesday in federal court in Manhattan. As a result, the mortgages, which JPMorgan bundled into complex securities, appeared healthier, making the deals more appealing to investors.

The trove of internal e-mails and employee interviews, filed as part of a lawsuit by one of the investors in the securities, offers a fresh glimpse into Wall Street’s mortgage machine, which churned out billions of dollars of securities that later imploded. The documents reveal that JPMorgan, as well as two firms the bank acquired during the credit crisis, Washington Mutual and Bear Stearns, flouted quality controls and ignored problems, sometimes hiding them entirely, in a quest for profit.

The lawsuit, which was filed by Dexia, a Belgian-French bank, is being closely watched on Wall Street. After suffering significant losses, Dexia sued JPMorgan and its affiliates in 2012, claiming it had been duped into buying $1.6 billion of troubled mortgage-backed securities. The latest documents could provide a window into a $200 billion case that looms over the entire industry. In that lawsuit, the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, has accused 17 banks of selling dubious mortgage securities to the two housing giants. At least 20 of the securities are also highlighted in the Dexia case, according to an analysis of court records.

In court filings, JPMorgan has strongly denied wrongdoing and is contesting both cases in federal court. The bank declined to comment.

Dexia’s lawsuit is part of a broad assault on Wall Street for its role in the 2008 financial crisis, as prosecutors, regulators and private investors take aim at mortgage-related securities. New York’s attorney general, Eric T. Schneiderman, sued JPMorgan last year over investments created by Bear Stearns between 2005 and 2007.

Jamie Dimon, JPMorgan’s chief executive, has criticized prosecutors for attacking JPMorgan because of what Bear Stearns did. Speaking at the Council on Foreign Relations in October, Mr. Dimon said the bank did the federal government “a favor” by rescuing the flailing firm in 2008.

The legal onslaught has been costly. In November, JPMorgan, the nation’s largest bank, agreed to pay $296.9 million to settle claims by the Securities and Exchange Commission that Bear Stearns had misled mortgage investors by hiding some delinquent loans. JPMorgan did not admit or deny wrongdoing.

“The true price tag for the ongoing costs of the litigation is terrifying,” said Christopher Whalen, managing director at Carrington Investment Services.

The Dexia lawsuit centers on complex securities created by JPMorgan, Bear Stearns and Washington Mutual during the housing boom. As profits soared, the Wall Street firms scrambled to pump out more investments, even as questions emerged about their quality.

With a seemingly insatiable appetite, JPMorgan scooped up mortgages from lenders with troubled records, according to the court documents. In an internal “due diligence scorecard,” JPMorgan ranked large mortgage originators, assigning Washington Mutual and American Home Mortgage the lowest grade of “poor” for their documentation, the court filings show.

The loans were quickly sold to investors. Describing the investment assembly line, an executive at Bear Stearns told employees “we are a moving company not a storage company,” according to the court documents.

As they raced to produce mortgage-backed securities, Washington Mutual and Bear Stearns also scaled back their quality controls, the documents indicate.

In an initiative called Project Scarlett, Washington Mutual slashed its due diligence staff by 25 percent as part of an effort to bolster profit. Such steps “tore the heart out” of quality controls, according to a November 2007 e-mail from a Washington Mutual executive. Executives who pushed back endured “harassment” when they tried to “keep our discipline and controls in place,” the e-mail said.

Even when flaws were flagged, JPMorgan and the other firms sometimes overlooked the warnings.

JPMorgan routinely hired Clayton Holdings and other third-party firms to examine home loans before they were packed into investments. Combing through the mortgages, the firms searched for problems like borrowers who had vastly overstated their incomes or appraisals that inflated property values.

According to the court documents, an analysis for JPMorgan in September 2006 found that “nearly half of the sample pool” — or 214 loans — were “defective,” meaning they did not meet the underwriting standards. The borrowers’ incomes, the firms found, were dangerously low relative to the size of their mortgages. Another troubling report in 2006 discovered that thousands of borrowers had already fallen behind on their payments.

But JPMorgan at times dismissed the critical assessments or altered them, the documents show. Certain JPMorgan employees, including the bankers who assembled the mortgages and the due diligence managers, had the power to ignore or veto bad reviews.

In some instances, JPMorgan executives reduced the number of loans considered delinquent, the documents show. In others, the executives altered the assessments so that a smaller number of loans were considered “defective.”

In a 2007 e-mail, titled “Banking overrides,” a JPMorgan due diligence manager asks a banker: “How do you want to handle these loans?” At times, they whitewashed the findings, the documents indicate. In 2006, for example, a review of mortgages found that at least 1,154 loans were more than 30 days delinquent. The offering documents sent to investors showed only 25 loans as delinquent.

A person familiar with the bank’s portfolios said JPMorgan had reviewed the loans separately and determined that the number of delinquent loans was far less than the outside analysis had found.

At Bear Stearns and Washington Mutual, employees also had the power to sanitize bad assessments. Employees at Bear Stearns were told that they were responsible for “purging all of the older reports” that showed flaws, “leaving only the final reports,” according to the court documents.

Such actions were designed to bolster profit. In a deposition, a Washington Mutual employee said revealing loan defects would undermine the lucrative business, and that the bank would suffer “a couple-point hit in price.”

Ratings agencies also did not necessarily get a complete picture of the investments, according to the court filings. An assessment of the loans in one security revealed that 24 percent of the sample was “materially defective,” the filings show. After exercising override power, a JPMorgan employee sent a report in May 2006 to a ratings agency that showed only 5.3 percent of the mortgages were defective.

Such investments eventually collapsed, spreading losses across the financial system.

Dexia, which has been bailed out twice since the financial crisis, lost $774 million on mortgage-backed securities, according to court records.

Mr. Schneiderman, the New York attorney general, said that overall losses from flawed mortgage-backed securities from 2005 and 2007 were $22.5 billion.

In a statement shortly after he sued JPMorgan Chase, Mr. Schneiderman said the lawsuit was a template “for future actions against issuers of residential mortgage-backed securities that defrauded investors and cost millions of Americans their homes.”


JPMorgan Chase & Co., the biggest U.S. bank by assets, was sued over mortgage-backed securities sold to Dexia SA (DEXB) because the loans underlying the securities were allegedly riskier than promised.
Dexia accused JPMorgan and companies it acquired -- Bear Stearns Cos. and Washington Mutual -- of “egregious fraud,” saying they created and sold mortgage bonds backed by loans that they knew to be “exceptionally bad.”
Dexia, the Brussels-based French-Belgian lender, said the complaint, filed yesterday in New York State Supreme Court, involves about $1.7 billion of mortgage securities. Dexia suffered “substantial losses” because mortgages were of poorer quality and the risks of default and losses were much higher than represented, according to the complaint.
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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Re: "End of Wall Street Boom" - Must-read history

Postby justdrew » Thu Feb 28, 2013 7:33 pm

it's long been my gut feeling: American capital refuses to invest in America in ANY way that would involve employing people. Better to fuck around with money in useless non-productive "financial instruments"

well, now the gut has proof:

"MIT researchers looked at 150 of the school's spin-out companies in manufacturing businesses over a decade, and found many of them hit the same chasm: Once it was time to ramp up to large-scale production, they couldn't find domestic investors and had to go overseas. The bulk of the research will be published later this year, but it raises an interesting conundrum — if an MIT-pedigreed company has serious trouble ramping up production in the U.S., how much harder is it for the 'average' business that wants to grow? Is it even still possible to do high-tech manufacturing here — or should it be?"[/i]

Intel seems to be doing OK with U.S. manufacturing, but they have the advantage of established operations.
By 1964 there were 1.5 million mobile phone users in the US
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Mar 01, 2013 12:14 am

Thanks SLAD and drew and everyone! And now:

Oh. My. God.

Here. Comes. A. Massive. Update!!!



From http://www.justice.gov/opa/pr/2013/Febr ... g-156.html

Complaint as PDF here: http://www.justice.gov/iso/opa/resource ... 250796.PDF

The Common Law is the Will of Mankind Issuing from the Life of the People
The United States Department of Justice


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, February 5, 2013

Department of Justice Sues Standard & Poor’s for Fraud in Rating Mortgage-Backed Securities in the Years Leading Up to the Financial Crisis

Complaint Alleges that S&P Lied About its Objectivity and Independence And Issued Inflated Ratings for Certain Structured Debt Securities.


Attorney General Eric Holder announced today that the Department of Justice has filed a civil lawsuit against the credit rating agency Standard & Poor’s Ratings Services alleging that S&P engaged in a scheme to defraud investors in structured financial products known as Residential Mortgage-Backed Securities (RMBS) and Collateralized Debt Obligations (CDOs). The lawsuit alleges that investors, many of them federally insured financial institutions, lost billions of dollars on CDOs for which S&P issued inflated ratings that misrepresented the securities’ true credit risks. The complaint also alleges that S&P falsely represented that its ratings were objective, independent, and uninfluenced by S&P’s relationships with investment banks when, in actuality, S&P’s desire for increased revenue and market share led it to favor the interests of these banks over investors.

“Put simply, this alleged conduct is egregious – and it goes to the very heart of the recent financial crisis,” said Attorney General Holder. “Today’s action is an important step forward in our ongoing efforts to investigate – and – punish the conduct that is believed to have contributed to the worst economic crisis in recent history. It is just the latest example of the critical work that the President’s Financial Fraud Enforcement Task Force is making possible.”

Attorney General Eric Holder was joined in announcing the filing of the civil complaint by Acting Associate Attorney General Tony West, Principal Deputy Assistant Attorney General for the Civil Division Stuart F. Delery, and U.S. Attorney for the Central District of California André Birotte Jr. Also joining the Department of Justice in making this announcement were the attorneys general from California, Connecticut, Delaware, the District of Columbia, Illinois, Iowa and Mississippi, who have filed or will file civil fraud lawsuits against S&P alleging similar misconduct in the rating of structured financial products. Additional state attorneys general are expected to make similar filings today.

“Many investors, financial analysts and the general public expected S&P to be a fair and impartial umpire in issuing credit ratings, but the evidence we have uncovered tells a different story,” said Acting Associate Attorney General West. “Our investigation revealed that, despite their representations to the contrary, S&P’s concerns about market share, revenues and profits drove them to issue inflated ratings, thereby misleading the public and defrauding investors. In so doing, we believe that S&P played an important role in helping to bring our economy to the brink of collapse.”

Today’s action was filed in the Central District of California, home to the now defunct Western Federal Corporate Credit Union (WesCorp), which was the largest corporate credit union in the country. Following the 2008 financial crisis, WesCorp collapsed after suffering massive losses on RMBS and CDOs rated by S&P.

“Significant harm was caused by S&P’s alleged conduct in the Central District of California,” said U.S. Attorney for the Central District of California Birotte. “Across the seven counties in my district, we had huge numbers of homeowners who took out subprime mortgage loans, many of which were made by some of the country’s most aggressive lenders only because they later could be securitized into debt instruments that were given flawed ‘AAA’ ratings by S&P. This led to an untold number of foreclosures in my district. In addition, institutional investors located in my district, such as WesCorp, suffered massive losses after putting billions of dollars into RMBS and CDOs that received flawed and inflated ratings from S&P.”

The complaint, which names McGraw-Hill Companies, Inc. and its subsidiary, Standard & Poor’s Financial Services LLC (collectively S&P) as defendants, seeks civil penalties under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) based on three forms of alleged fraud by S&P: (1) mail fraud affecting federally insured financial institutions in violation of 18 U.S.C. § 1341; (2) wire fraud affecting federally insured financial institutions in violation of 18 U.S.C. § 1343; and (3) financial institution fraud in violation of 18 U.S.C. § 1344. FIRREA authorizes the Attorney General to seek civil penalties up to the amount of the losses suffered as a result of the alleged violations. To date, the government has identified more than $5 billion in losses suffered by federally insured financial institutions in connection with the failure of CDOs rated by S&P from March to October 2007.

“The fraud underpinning the crisis took many different forms, and for that reason, so must our response,” said Stuart F. Delery, Principal Deputy Assistant Attorney General for the Department’s Civil Division. “As today’s filing demonstrates, the Department of Justice is committed to using every available legal tool to bring to justice those responsible for the financial crisis.”

According to the complaint, S&P publicly represented that its ratings of RMBS and CDOs were objective, independent and uninfluenced by the potential conflict of interest posed by S&P being selected to rate securities by the investment banks that sold those securities. Contrary to these representations, from 2004 to 2007, the government alleges, S&P was so concerned with the possibility of losing market share and profits that it limited, adjusted and delayed updates to the ratings criteria and analytical models it used to assess the credit risks posed by RMBS and CDOs. According to the complaint, S&P weakened those criteria and models from what S&P’s own analysts believed was necessary to make them more accurate. The complaint also alleges that, from at least March to October 2007, and because of this same desire to increase market share and profits, S&P issued inflated ratings on hundreds of billions of dollars’ worth of CDOs. At the time, according to the allegations in the complaint, S&P knew that the quality of non-prime RMBS was severely impaired, and that the ratings on those mortgage bonds would not hold. The government alleges that S&P failed to account for this impairment in the CDO ratings it was assigning on a daily basis. As a result, nearly every CDO rated by S&P during this time period failed, causing investors to lose billions of dollars.

The underlying federal investigation, code-named “Alchemy,” that led to the filing of this complaint was initiated in November 2009 in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit http://www.StopFraud.gov .

---

Due to public interest in this case, the Department of Justice is releasing documents that may not be in an accessible format. If you have a disability and the format of any material on the site interferes with your ability to access some information, please email the Department of Justice webmaster at webmaster@usdoj.gov or contact Adora Andy at 202.514.2007. To enable us to respond in a manner that will be of most help to you, please indicate the nature of the accessibility problem, your preferred format (electronic format (ASCII, etc.), standard print, large print, etc.), the web address of the requested material, and your full contact information so we can reach you if questions arise while fulfilling your request.

Portable Document Format (PDF) files may be viewed with a free copy of Adobe Acrobat Reader.



The above would have given me such hope - if it had been in early 2009. From the beginning, it was evident that of the many actors playing roles in the vast MBS fraud complex - the market makers, the mortgage sellers, the lawyers, the auditors, the captured regulators, underwriters and monolines, boards of directors, the patsy institutional investors, media and academics, hedge funds betting on the failure - the ratings agencies were one of the smallest (in personnel) and easily the most essential in selling the fraud to the world. It was their word that made the fraud possible on this scale. They should have been treated as Arthur Anderson was: immediate seizure, let the judge and jury sort out the executives, use their records as evidence in tracking them all down.

But hey, here's a lawsuit that will probably lead to another expensive-sounding but meaningless settlement.

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

Postby JackRiddler » Fri Mar 01, 2013 12:35 am


http://www.bloomberg.com/news/2013-02-1 ... aires.html

Paulson Leads Funds to Bermuda Tax Dodge Aiding Billionaires

By Zachary R. Mider - Feb 19, 2013


Last year, about $450 million belonging to top executives at billionaire hedge fund manager John Paulson’s New York firm took a quick round trip to Bermuda.

In April, the executives sent the money to a reinsurance company that they’d set up on the island 650 miles off the North Carolina coast. By June, the Bermuda company, which has no employees and sells far less reinsurance than the industry norm, had sent all the cash back to New York, to be invested in Paulson & Co. funds.

By recycling the funds through Bermuda-based Pacre Ltd., the Paulson executives are positioned to legally exploit a little-known tax loophole, reduce their personal income taxes and delay paying the bill for years.

“These types of reinsurance companies are permitting U.S. taxpayers to defer -- indefinitely -- U.S. tax,” said David S. Miller, a tax lawyer at Cadwalader Wickersham & Taft LLP. For some, he said, it’s “an unjustified benefit.”


A decade after the U.S. Internal Revenue Service threatened to crack down on what it said were abuses by hedge-fund backed reinsurers, more high-profile money managers are setting up shop in tax havens. Paulson, SAC Capital Advisors LP’s Steven A. Cohen and Third Point LLC’s Daniel Loeb have started Bermuda reinsurance companies since 2011, following a similar Cayman Islands venture by Greenlight Capital Inc.’s David Einhorn.

Because reinsurers, which sell coverage to other insurers, manage large pools of capital, they’re a handy way to funnel a U.S. hedge fund investment through a tax haven.

Some Loopholes

At a time when the Obama administration and Congressional leaders of both parties are calling for a corporate tax overhaul that includes eliminating some loopholes, the reinsurance tax dodge is gaining popularity among hedge funds. The three new reinsurers backed by U.S. hedge fund managers put a combined $1.7 billion back into the managers’ hands.

Other top money managers, including some in London, are hiring advisers to explore setting up reinsurance companies in Bermuda, said Timothy Faries, an insurance lawyer at Appleby, one of the island’s largest law firms.

Fund managers are “trying to find a way to have a vehicle that can go offshore and avoid paying taxes,” said William Berkley, founder of W.R. Berkley Corp., a Greenwich, Connecticut-based insurer. “You have one company that does it and nobody pays attention. You now have four or five and it’s likely to get more people’s attention.”
Tax Management

Those involved in establishing reinsurers defend the strategy. “Given the world we’re in, it’s just good tax management,” said Robert Cooney, who served as chief executive officer of one of the first hedge-fund-backed reinsurers from 1999 to 2006.

Tax avoidance isn’t the only advantage to establishing a Bermuda reinsurer, insurance executives said. It means creating a large, fee-paying client that is unlikely to take its money out of a hedge fund after a bad year. Moreover, insurance companies get to invest customers’ premiums for months or years before they pay out claims.

Cohen’s, Loeb’s and Einhorn’s reinsurance firms are better designed to reap those non-tax benefits than Paulson’s company, Pacre, which has just one outside investor. The white, steel- and-glass complex overlooking Bermuda’s capital of Hamilton, which is listed as its legal address, is the office of another reinsurer to which it outsources its underwriting.

Insurance Sales

Pacre sold about $8 million of reinsurance coverage from April to December, or 1.6 percent of its $500 million in initial shareholders’ equity. That’s far below the average of 47 percent for 15 publicly traded Bermuda insurers during their most recent nine months.

Cohen’s and Loeb’s reinsurers employ underwriting staff and have set targets of insurance sales equivalent to 30 percent and 19 percent, respectively, of their equity in their first full year, according to disclosures to reinsurance brokers.

Paulson, 57, declined to say whether he plans to get a tax benefit from Pacre.

“That’s never been a portion of the business we’ve ever commented on,” said Armel Leslie, a spokesman for Paulson’s hedge fund.


Well, in that case, no problem, right?

The companies set up by Paulson, Cohen and Loeb are located within a half-mile of each other in the narrow streets ringing Hamilton. The pastel-hued business district overlooks a harbor where Russian billionaire Roman Abramovich docked the world’s largest luxury yacht last month.
No Tax

Bermuda, which imposes no corporate income tax, is the global center of the reinsurance industry. Since it emerged in the 1980s, the reinsurance business has lifted Bermuda’s economy, creating jobs for underwriters, actuaries, lawyers and accountants.

The companies backed by hedge funds -- lightly regulated funds available only to institutions and wealthy individuals -- are no less welcome. A 2001 presentation by a group of business leaders to encourage development in Bermuda touted the tax benefits of what it called “reinsurance wrapped around a hedge fund.”

After Paulson set up the Pacre venture last year, Wayne Furbert, then the minister of business development, called it “a strong vote of confidence in Bermuda as a leading financial jurisdiction,” according to the local newspaper, the Royal Gazette.


Jobs!

IRS Rules

By setting up reinsurance companies there, money managers can take advantage of a loophole in IRS rules. Ordinarily, when hedge fund managers invest in their funds, they pay either the 39.6 percent rate for ordinary income or the 20 percent long- term capital gains rate, depending on how frequently securities are traded, plus an extra 3.8 percent health-law surcharge. If they were to move the hedge funds to tax havens, they would incur IRS penalties on earnings from what the agency calls “passive foreign investment companies.”

Here’s the catch: The IRS doesn’t penalize earnings from insurance companies, which it considers to be “active” businesses. As a result, by routing money through a Bermuda reinsurer, which in turn puts its assets back into their own hedge funds, fund managers can defer any taxes until selling the stake. They then pay only the lower capital gains tax rate.

In the meantime, the money grows tax-free, and the savings add up. Investing $100 million in a hedge fund that returns 15 percent annually, and paying the top marginal ordinary income rate on profit, results in a $50 million profit after taxes after five years. If the investment is taxed like a Bermuda reinsurer, the gain is $77 million.

$64,000 Question

To qualify as an active company and avoid the tax penalty, the IRS says firms can’t have a pool of capital that’s far greater than what they need to back the insurance they sell.

But the IRS has never specified exactly how much is too much.

“The $64,000 question is how big a reserve can you have?” said Robert Cudd, a tax lawyer at Morrison & Foerster LLP in San Francisco. “There’s no easy answer to that.”

The IRS in 2001 disclosed plans to clarify its definition of insurance companies, a move that might prevent abuses by hedge funds, Cadwalader’s Miller said. He said it never followed through.

The fact that Pacre and the other startups trust virtually all their assets to one hedge fund manager may allow them to argue to tax authorities that they can’t afford to take on the extra risk of selling much reinsurance, Miller said.

“Under the current law, so long as Pacre’s reserves are not excessive -- and they probably aren’t -- this probably works,” he said. “I think you need a change in law.”

First Fund

The first prominent hedge fund to set up a large Bermuda reinsurer was Louis Moore Bacon’s New York-based Moore Capital Management LP, in 1999. He originally planned for Max Re Capital Ltd. to invest all its assets in his funds, and shares were marketed in part as a tax-efficient way to invest in a hedge fund, said Cooney, a career insurance underwriter who was Max Re’s first CEO. Forbes estimated Bacon’s net worth at $1.3 billion as of September 2012.

As it turned out, Max never invested more than 40 percent of its assets in hedge funds and now puts less than 5 percent in them. Still, the tax-avoiding aspect of Max Re was highlighted in a 2001 article in Institutional Investor magazine, titled “The Great Hedge Fund Reinsurance Tax Game.” Two years later, the IRS threatened to scrutinize the practice.

Phony Insurance

The IRS said some of the offshore arrangements were shams, either because they weren’t selling enough insurance or because the insurance they reported selling was phony. The IRS “will challenge the claimed tax treatment,” government lawyers wrote.

The IRS has rarely if ever done so. Tax lawyers and insurance executives said they were unaware of any company targeted by the IRS, even in private.

“Nobody’s been challenged, so nobody knows whether it’s ironclad or not,” said Faries, the Bermuda lawyer. The IRS declined to comment.

A year after the IRS notice, Greenlight Capital Inc.’s Einhorn started laying the groundwork for another reinsurer in a tax haven. Greenlight Capital Re Ltd., which opened in 2006 in the Cayman Islands, put 100 percent of its assets under Einhorn’s control. Einhorn, 44, whose net worth is estimated by Forbes at $1.2 billion as of last September, took the reinsurer public in 2007.

Third Point

Third Point’s Loeb, 51, was next in 2011 with Third Point Reinsurance Ltd., which raised about $785 million, including $75 million of Loeb’s own money. Forbes magazine estimated his personal fortune at $1.3 billion as of September.

And last year, SAC’s Cohen, 56, whose net worth Bloomberg estimates at about $9.5 billion, put $125 million of his own money into a $500 million reinsurance company called SAC Re.

Both Cohen and Loeb followed the Greenlight model: hire a handful of local employees to sell reinsurance while relying on the hedge fund firm to manage the assets.

A stable pool of capital to invest may be particularly welcome at SAC Capital, whose outside investors this month asked to withdraw $1.7 billion amid a U.S. government insider-trading investigation. Outside money accounts for less than half of SAC Capital’s $15 billion under management; the rest belongs to Cohen and his employees.

Cohen and SAC haven’t been accused of any wrongdoing and believe they’ve acted appropriately, a spokesman said in November. They declined to comment for this article.

Third Point Re said in a statement last year that it located in Bermuda because of the island’s “respected regulatory regime” and talented workforce. It hired John Berger, a career insurance executive, as CEO.
Tax Advantage

As for the tax benefits, Berger said in an interview, “Anybody in Bermuda has a tax advantage.”

Hedge fund-backed reinsurers turn the traditional business model on its head. Reinsurers help insurance companies cushion big risks, such as a California earthquake or a wave of lawsuits against asbestos makers.

A typical reinsurer invests its capital conservatively, in investments that are unlikely to decline in value and are available to pay claims on short notice. It might invest in Treasuries and investment-grade corporate bonds, and focus on making money through selling as much profitable coverage as possible.

By contrast, the hedge fund-backed reinsurers seek big returns from investing and more stable results from underwriting.

Fewer Policies

A.M. Best, which gauges insurers’ financial strength, has given “A-” ratings to the companies set up by Paulson, Cohen, Loeb and Einhorn with the understanding that they compensate for volatile investments by selling fewer policies than their competitors.

Paulson’s firm, Pacre, takes that approach the farthest. Pacre helps protect insurers against natural catastrophes such as Florida hurricanes. While traditional reinsurers have far more exposure, Pacre won’t risk more than $170 million, or about one-third of its capital, according to Edward Noonan, chief executive of Bermuda reinsurer Validus Holdings Ltd., which handles Pacre’s underwriting.

That loss would happen only if it had to pay out every single policy in full at the same time -- “in the event the end of the world happened,” Noonan said on an April conference call.

Pacre’s Capital

When it was established in April, Pacre’s startup capital included $450 million from the “principals” of Paulson’s hedge fund, according to A.M. Best. While A.M. Best didn’t name the principals, Paulson owns about 53 percent of his firm’s assets under management, according to the Bloomberg Billionaires Index, and at least 75 percent of the firm. No other officer of the firm owns even 5 percent, according to a filing with the Securities & Exchange Commission last year.

Bloomberg estimates Paulson’s net worth at $11.2 billion. He opened his money management firm in 1994, and rose to fame in 2007 after a wager against the collapsing U.S. subprime mortgage market generated billions in profits. Paulson told a Congressional hearing in 2008 that all of his personal investments were with Paulson & Co., which now manages about $18 billion in assets. He announced plans last year to donate $100 million to conserve Manhattan’s Central Park, steps from his six-story townhouse.


A fine upstanding citizen. Is that Central Park, or his front lawn?

The other $50 million for Pacre came from Validus, to which Pacre outsources its underwriting. Validus sold premiums worth 32 percent of its equity in the most recent nine months.

Pacre invested the entire $500 million in startup capital in four Paulson & Co. hedge funds. Through December, those investments have lost about $19 million in value. Since the funds lost money, the Paulson investors wouldn’t have owed income taxes anyway.

To contact the reporter on this story: Zachary R. Mider in New York at zmider1@bloomberg.net.

To contact the editor responsible for this story: Daniel Golden in Boston at dlgolden@bloomberg.net.

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

Postby JackRiddler » Fri Mar 01, 2013 12:38 am


http://www.nytimes.com/2013/02/27/opini ... nted=print

The New York Times

February 26, 2013
Grand Old Parity
By SHEILA C. BAIR


WASHINGTON

LAST month Emmanuel Saez, a celebrated economist at the University of California, Berkeley, issued another depressing report on income inequality. Among other things, Mr. Saez examined how real family incomes changed in the United States from 2009 to 2011, the first two years of the recovery. The richest 1 percent of Americans, he found, saw their incomes grow, on average, by more than 11 percent. As for the other 99 percent? You guessed it: incomes shrank by nearly half a percent.

The phenomenon is hardly new. The yawning gap between rich and poor has been growing since the 1970s and reached a 90-year peak in 2007, just before the financial crisis. The Great Recession narrowed the gap a bit, but now, once again, the richest Americans are vacuuming up what wealth is out there, a trend that Mr. Saez expects to continue.

I am a capitalist and a lifelong Republican. I believe that, in a meritocracy, some level of income inequality is both inevitable and desirable, as encouragement to those who contribute most to our economic prosperity. But I fear that government actions, not merit, have fueled these extremes in income distribution through taxpayer bailouts, central-bank-engineered financial asset bubbles and unjustified tax breaks that favor the rich.

This is not a situation that any freethinking Republican should accept. Skewing income toward the upper, upper class hurts our economy because the rich tend to sit on their money — unlike lower- and middle-income people, who spend a large share of their paychecks, and hence stimulate economic activity.

But more fundamentally, it cuts against everything our country and my party stand for. Government’s role should not be to rig the game in favor of “the haves” but to make sure “the have-nots” are given a fair shot.

President Obama, who has rightly made income inequality a signature issue, cannot be pleased that the über-rich have gained under the policies pursued by his administration, while the bottom 99 percent have not. Unfortunately, his economic team, populated by acolytes of the former Treasury secretary Robert E. Rubin, has relied on the same “growth” policies that got us into trouble precrisis: generous treatment of the financial sector and easy money from the Federal Reserve. These strategies have done little to encourage sustainable economic growth, but they have worked wonders to increase Wall Street profits and inflate the value of stocks and bonds — which are disproportionately owned by the rich.

Why haven’t Republicans made an issue out of this? No doubt some fear that discussing it openly would catalyze support for redistributionist policies, which are anathema to a party that prides itself on increasing the pie, not redividing it. But there are other policy options to demonstrate Republicans’ commitment to the average Joe and Jane that are very much in the party’s tradition.

For instance, as part of renewed fiscal discussions over sequestration, Republicans should put fundamental tax reform on the table and make it our priority to end preferential treatment of investment income, which lets managers of hedge funds pay half the tax rate of managers of shoe stores.

Defenders of this giveaway make the unsubstantiated claim that it encourages job-creating investments. But what we have now is merely an immense pool of investment funds that has created far too few jobs. A report last year by Bain and Co. projected that by 2020 there will be $900 trillion in financial assets around the globe, chasing investments in a real economy worth only $90 trillion in gross domestic product. Why in heaven’s name do we need to keep a tax preference to encourage more?

If we eliminate this and other unjustified tax breaks, we can produce enough new revenues to lower marginal rates and reduce the deficit, according to both the Simpson-Bowles and Domenici-Rivlin debt-reduction plans.

Republicans should also put rebuilding the nation’s transportation and energy infrastructure high on our political agenda. From Lincoln’s transcontinental railroad to Eisenhower’s highway system, Republicans have understood that investing in critical infrastructure projects creates jobs and expands commerce.

And given that the Federal Reserve insists on giving us cheap money, let’s use it for the benefit of the country by issuing long-term debt to finance such projects and repay it over decades through dedicated taxes and user fees.

Some may say I am tilting at the windmills of Tea Party orthodoxy in making these suggestions, but I believe that most Republican politicians would be sympathetic to them, if only they could overcome their fear of primary challenges and the loss of Wall Street money. Having worked for Senate Republicans in the 1980s, I remember a time when Republicans stood up to special interests and purged the tax code of preferences for investment income and other special breaks.

They managed to survive re-election by showing leadership, taking principled positions and defending them vigorously. It’s time for the Grand Old Party to return to those roots.


Sheila C. Bair, the chairwoman of the Federal Deposit Insurance Corporation from 2006 to 2011, is the author of “Bull by the Horns: Fighting to Save Main Street From Wall Street and Wall Street From Itself.”
We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

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

Postby JackRiddler » Fri Mar 01, 2013 12:41 am

Bonus cap, whatever.

How about a ban? In the financial sector bonuses are inherently perverse incentives that compel short-term thinking. (How are you going to give a bonus for maintaining stability over 20 years? By sticking it in the pension?)

I like the pretzel-like objections and rationalizations from the banksters at this nightmarish prospect, though:


http://www.nytimes.com/2013/03/01/busin ... print&_r=0

The New York Times

February 28, 2013

Europe Union Agrees on Plan to Limit Bankers’ Bonuses

By JAMES KANTER and DAVID JOLLY

BRUSSELS — The European Union took a big step Thursday toward putting strict limits on the bonuses paid to bankers, hoping to discourage the risk-taking behavior that set off the financial crisis.

If the measure, opposed by the British government, becomes European law, the coveted bonuses that many bankers receive would be capped at no more than equal to their annual salaries, starting next year. Only if a bank’s shareholders approved could a bonus be higher — and even then it would be limited to no more than double the salary.

The move, part of a package of banking regulations known as Basel III that is aimed at reducing the danger of big bank failures, was hailed Thursday by some European lawmakers.

‘'We’ve achieved the most comprehensive banking reform in the European Union,'’ said Othmar Karas, an Austrian member of the European Parliament who helped find a compromise in a late-night negotiating session with representative from E.U. member states and the European Commission.

A majority of the Union’s 27 member nations would need to approve the rules for them to take effect.

The agreement, which would also apply to those working at overseas offices of European banks, is a potential blow to Britain. Its economy partly relies on generous remuneration packages to ensure that the City of London remains the biggest financial center in Europe and serves as an overseas base for big banks from the United States and Asia.

‘'We need to make sure that regulation put in place in Brussels is flexible enough to allow those banks to continue competing and succeeding while being located in the U.K.,'’ David Cameron, the British prime minister, said Thursday while visiting Riga, the capital of Latvia.

Mr. Cameron said Britain would ‘'look carefully'’ at the final proposal before deciding how it would address the issue with other European governments.

The agreement on the proposed banking rules reflects the global backlash against the lavish compensation in the financial sector that many politicians say rewarded risky trading and investments that triggered the financial crisis. Voters in Switzerland, which is not an E.U. member, will go to the polls this weekend for a referendum that will decide whether shareholders should have more control over executive compensation.

The limits on bonuses would also apply to bankers employed by E.U. banks but working outside the bloc, in New York, for example. The E.U. authorities are drafting separate rules that could restrict remuneration at private equity firms and hedge funds.

‘'This legislation was resisted tooth and nail by the industry,'’ said Philippe Lamberts, a Belgian member of the Parliament’s Green bloc.

While the battle has often been portrayed as pitting Britain against the Continent, Mr. Lamberts said, the reality has been that ‘'many in Paris, as well as Frankfurt and Berlin, were not too happy'’ about what was happening in Parliament, but were glad to let Britain take the heat for leading the opposition.

The law is intended to reduce the financial incentives that led bankers to take risky bets, like those made on subprime housing debt in the United States during the credit bubble. But some critics of the legislation have warned that institutions might defeat the intent of the legislation by simply raising bankers’ base pay.

Mark Boleat, the policy chairman at the City of London Corp., which is the voice of London’s financial center, said Thursday that ‘'removing flexibility from pay arrangements in this highly cyclical industry would seem counterintuitive, especially if it leads to higher fixed salaries.'’

Some bankers said the rule posed the question of why the bonus cap would not apply to other industries where staff members stand to gain large bonuses. Stephen Hester, the chief executive of Royal Bank of Scotland, told BBC radio on Thursday morning that he did not think ‘'bankers should be treated as special creatures in any way.'’

‘'Perhaps one of the problems of the past was bankers got to a point where they thought they were special creatures,'’ Mr. Hester said. ‘'So I think we should apply rules to anyone whatever these rules may be.'’

One senior executive based at a major European bank in Hong Kong, who declined to be identified by name because he was not authorized to speak to the news media, said a move to higher base salaries might have unintended consequences for employees, as it ‘'would make us less flexible and in the event of a downturn we could end up having to put more people out into the street.'’

Before the proposal can become law, a majority of E.U. states must give their final approval, and there are expected to be more discussions about important details by the European Parliament and individual governments.

Mr. Karas, of Austria, acknowledged that more work lay ahead, with a need for technical working groups to put it into a text that ‘'holds water legally.'’ Legislators said they would work to ensure that bankers did not get around the rules by using signing bonuses, exit payments or contract buyouts.

Michael Noonan, the finance minister of Ireland, which holds the rotating E.U. presidency, said Thursday that he would present the plan at a meeting of European finance ministers next week.

As it stands, the proposal would mandate a maximum bonus-to-salary ratio of one to one as the standard remuneration limit. That could be raised to two to one if approved by shareholders.

An E.U. diplomat emphasized that a significant amount of technical work needed to be done before the rules were made final by governments. The diplomat, who spoke on the customary condition of anonymity, said the final rules would contain a review clause requiring the authorities to assess whether the rules were damaging the banking sector.

The diplomat said that no date had been fixed for the review, but that it could be done over the coming weeks.

To address concerns that putting a cap on bonuses could mean that bankers would migrate elsewhere, lawmakers emphasized that the proposal would monitor any such side effects and, if necessary, allow scope for remedies.

‘'If the bonus cap is shown to cause bankers to begin relocating outside the E.U., then we will have the ability to swiftly look again at the provisions in place through an early review,'’ said Vicky Ford, a member of the British Conservatives in the European Parliament.

Alex Beidas, a lawyer based in London with the law firm Linklaters, warned that the legislation signified ‘'a major disadvantage in the global market'’ for banks, and she said there was ‘'a real danger that this will result in bankers moving to the U.S. and Asia.'’

David Jolly reported from Paris. Julia Werdigier contributed reporting from London and Neil Gough from Hong Kong.

David Jolly contributed reporting from Paris.
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Mar 01, 2013 12:48 am

Last Tuesday I met William K. Black after he spoke at Columbia Law School (as part of the "Modern Money and Public Purpose" series). What a sweetheart! I love this man!

It prompted Cathy O'Neil to write the following:


http://alternativebanking.nycga.net/201 ... rol-fraud/

Is mathematics a vehicle for control fraud?

Posted on February 28, 2013 by Cathy O'Neil

This is crossposted from mathbabe.org. The opinions expressed are those of Cathy O’Neil.

Bill Black

A couple of nights I ago I attended this event at Columbia on the topic of “Rent-Seeking, Instability and Fraud: Challenges for Financial Reform”.

The event was great, albeit depressing – I particularly loved Bill Black‘s concept of control fraud, which I’ll talk more about in a moment, as well as Lynn Turner‘s polite description of the devastation caused by the financial crisis.

To be honest, our conclusion wasn’t a surprise: there is a lack of political will in Congress or elsewhere to fix the problems, even the low-hanging obvious criminal frauds. There aren’t enough actual police to take on the job of dealing with the number of criminals that currently hide in the system (I believe the statistic was that there are about 1,000,000 people in law enforcement in this country, and 2,500 are devoted to white-collar crime), and the people at the top of the regulatory agencies have been carefully chosen to not actually do anything (or let their underlings do anything).

Even so, it was interesting to hear about this stuff through the eyes of a criminologist who has been around the block (Black was the guy who put away a bunch of fraudulent bankers after the S&L crisis) and knows a thing or two about prosecuting crimes. He talked about the concept of control fraud, and how pervasive control fraud is in the current financial system.

Control Fraud

Control fraud, as I understood him to describe it, is the process by which a seemingly legitimate institution or process is corrupted by a fraudulent institution to maintain the patina of legitimacy.

Once you say it that way, you recognize it everywhere, and you realize how dirty it is, since outsiders to the system can’t tell what’s going on – hey, didn’t you have overseers? Didn’t they say everything was checking out ok? What the hell happened?

So for example, financial firms like Bank of America used control fraud in the heart of the housing bubble via their ridiculous accounting methods. As one of the speakers mentioned, the accounting firm in charge of vetting BofA’s books issued the same exact accounting description for many years in the row (literally copy and paste) even as BofA was accumulating massive quantities of risky mortgage-backed securities (update: I’ve been told it’s called an “Auditors Report” and it has required language. But surely not all the words are required? Otherwise how could it be called a report?). In other words, the accounting firm had been corrupted in order to aid and abet the fraud.

“Financial Innovation”

To get an idea of the repetitive nature and near-inevitability of control fraud, read this essay by Black, which is very much along the lines of his presentation on Tuesday. My favorite passage is this, when he addresses how our regulatory system “forgot about” control fraud during the deregulation boom of the 1990′s:

On January 17, 1996, OTS’ Notice of Proposed Rulemaking proposed to eliminate its rule requiring effective underwriting on the grounds that such rules were peripheral to bank safety.

“The OTS believes that regulations should be reserved for core safety and soundness requirements. Details on prudent operating practices should be relegated to guidance.

Otherwise, regulated entities can find themselves unable to respond to market innovations because they are trapped in a rigid regulatory framework developed in accordance with conditions prevailing at an earlier time.”


This passage is delusional. Underwriting is the core function of a mortgage lender. Not underwriting mortgage loans is not an “innovation” – it is a “marker” of accounting control fraud. The OTS press release dismissed the agency’s most important and useful rule as an archaic relic of a failed philosophy.


Here’s where I bring mathematics into the mix. My experience in finance, first as a quant at D.E. Shaw, and then as a quantitative risk modeler at Riskmetrics, convinced me that mathematics itself is a vehicle for control fraud, albeit in two totally different ways.

Complexity

In the context of hedge funds and hard-core trading algorithms, here’s how it works. New-fangled complex derivatives, starting with credit default swaps and moving on to CDO’s, MBS’s, and CDO+’s, got fronted as “innovation” by a bunch of economists who didn’t really know how markets work but worked at fancy places and claimed to have mathematical models which proved their point. They pushed for deregulation based on the theory that the derivatives represented “a better way to spread risk.”

Then the Ph.D.’s who were clever enough to understand how to actually price these instruments swooped in and made asstons of money. Those are the hedge funds, which I see as kind of amoral scavengers on the financial system.

At the same time, wanting a piece of the action, academics invented associated useless but impressive mathematical theories which culminated in mathematics classes throughout the country that teach “theory of finance”. These classes, which seemed scientific, and the associated economists described above, formed the “legitimacy” of this particular control fraud: it’s math, you wouldn’t understand it. But don’t you trust math? You do? Then allow us to move on with rocking our particular corner of the financial world, thanks.

Risk

I also worked in quantitative risk, which as I see it is a major conduit of mathematical control fraud.

First, we have people putting forward “risk estimates” that have larger errorbars then the underlying values. In other words, if we were honest about how much we can actually anticipate price changes in mortgage backed securities in times of panic, then we’d say something like, “search me! I got nothing.” However, as we know, it’s hard to say “I don’t know” and it’s even harder to accept that answer when there’s money on the line. And I don’t apologize for caring about “times of panic” because, after all, that’s why we care about risk in the first place. It’s easy to predict risk in quiet times, I don’t give anyone credit for that.

Never mind errorbars, though- the truth is, I saw worse than ignorance in my time in risk. What I actually saw was a rubberstamping of “third part risk assessment” reports. I saw the risk industry for what it is, namely a poor beggar at the feet of their macho big-boys-of-finance clients. It wasn’t just my firm either. I’ve recently heard of clients bullying their third party risk companies into allowing them to replace whatever their risk numbers were by their own. And that’s even assuming that they care what the risk reports say.

Conclusion

Overall, I’m thinking this time is a bit different, but only in the details, not in the process. We’ve had control fraud for a long long time, but now we have an added tool in the arsenal in the form of mathematics (and complexity). And I realize it’s not a standard example, because I’m claiming that the institution that perpetuated this particular control fraud wasn’t a specific institution like Bank of America, but rather then entire financial system. So far it’s just an idea I’m playing with, what do you think?

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

Postby JackRiddler » Fri Mar 01, 2013 12:57 am


http://www.counterpunch.org/2013/02/15/ ... eist/print

Weekend Edition February 15-17, 2013

Another Giveaway to the Banksters
Obama, Housing and the Next Big Heist


by MIKE WHITNEY



For those who missed President Obama’s latest giveaway to the Bank Mafia, we’ll repeat what he said here. This is an excerpt from Tuesday’s State of the Union Speech:

“Part of our rebuilding effort must also involve our housing sector. Today, our housing market is finally healing from the collapse of 2007. Home prices are rising at the fastest pace in six years, home purchases are up nearly 50 percent, and construction is expanding again.

But even with mortgage rates near a 50-year low, too many families with solid credit who want to buy a home are being rejected. Too many families who have never missed a payment and want to refinance are being told no. That’s holding our entire economy back, and we need to fix it. Right now, there’s a bill in this Congress that would give every responsible homeowner in America the chance to save $3,000 a year by refinancing at today’s rates. Democrats and Republicans have supported it before. What are we waiting for? Take a vote, and send me that bill. Right now, overlapping regulations keep responsible young families from buying their first home. What’s holding us back? Let’s streamline the process, and help our economy grow.”


First of all, whenever you hear a politician talk about “streamlining the process”, run for cover. The term is a right-wing formulation that means “remove all the rules which inhibit profitmaking”. Naturally, Wall Street’s favorite son, President Hopium, is more than comfortable with the expression and uses it to great effect. But what are the rules that Obama wants to eliminate, that’s the question?

Obama answers that himself when he says: “Too many families with solid credit who want to buy a home are being rejected.”

This is pure baloney. Borrowers with good credit who can meet the standard down payment requirement (usually 10 percent) can secure financing without too much trouble.


From anecdotal evidence encountered at one of my jobs, I don't think that's necessarily the case. But anyway, his larger point:

The problem is that the banks don’t want to be limited to creditworthy applicants alone, because there aren’t enough creditworthy applicants interested in buying a house. That’s why they want Obama to loosen regulations on “government insured” mortgages so they can lend money to anyone they want knowing that Uncle Sam will pay the bill when the loans go belly-up. That is what this is all about; Obama wants congress to slap their seal of approval on a new regime of crappy loans that will eventually be dumped on US taxpayers. Here’s the story from Bloomberg:

“U.S. Realtors and mortgage bankers say they’re hoping President Barack Obama’s call for streamlining mortgage rules will lend new momentum to efforts to prevent imposing a strict minimum down payment for home loans.

… bankers and real estate agents …are angling for changes to a proposed regulation requiring lenders to keep a stake in risky loans say they hope Obama’s comments will help their cause.

At issue is the so-called Qualified Residential Mortgage rule, which six banking regulators including the Federal Deposit Insurance Corp. and the Federal Reserve are aiming to complete this year. The regulators drew protests in 2011 when they released a preliminary draft requiring lenders to keep a stake in mortgages with down payments of less than 20 percent and those issued to borrowers spending more than 36 percent of their income on debt…(“Housing Industry Pins Hopes on Obama to Soften Down-Payment Rule, Bloomberg)


Can you believe this hogwash? Regulators are asking the banks to retain a lousy 5% of the value on high-risk mortgages (so they can cover the losses in the event of another meltdown) and the stinking bankers are whining about it! Unbelievable. In other words, they’re being asked to put some “skin in the game” so they can pay off defaulting loans when they blow up the financial system again, and they don’t want to do it. The banks are fighting so-called “risk retention” tooth and nail, because they don’t want to tie up their capital. Imagine if your insurance company ran its business the same way? So, then your house burns down, and the claims agent tells you, “Sorry, Mr Jones, we can’t pay your claim because all our money is tied up in structured investment vehicles and dodgy debt instruments.” Are you okay with that? But that’s what the banks are doing, and they’re doing it because they want to be leveraged “N”th-degree to maximize profits. Besides, they know from experience, that when the system goes down again, the USG will ride to the rescue and pay off their debts. So why hold capital?

Keep in mind, that the banks can lend whatever amount they want to whomever they want. No one is stopping them. But if they want the government to guarantee the loan (or if they want government financing), they have to follow certain rules. And the rules have to be clear because the banks have shown that they can’t be trusted. Here’s more from Bloomberg:

“Housing industry participants want the regulators writing QRM to drop the down payment requirement and raise borrowers’ allowable debt load to 43 percent, essentially setting the same requirements in both the QM and QRM rules.” (Bloomberg)


This is so stupid it boggles the mind. “No, Mr Bankster, Uncle Sam will not guarantee your putrid loan if the applicant can’t come up with a measly down payment or if his monthly payments exceed the standard 36 percent of income to debt.” This is so tiresome. There’s no point in putting people into loans that they can’t repay. We tried that. It doesn’t work.

Now ask yourself this: Why are the banks so adamantly opposed to what-they-call the “stringent down payment requirement”? Down payments have been SOP for decades. A 10 or 20 percent down is an indication that a borrower is responsible enough to set aside some of his income for the future, which reflects positively on his creditworthiness. It’s also an indication that the borrower is not going to cut-and-run at the first sign that prices are falling. Stakeholders typically stay with the ship even after it’s hit the iceberg, which helps to stabilize the market and prevent prices from falling off a cliff. The banks know this, which is why they typically demand a down payment on loans that are NOT guaranteed by the government. It’s only when the government’s on the hook for the loss that they don’t give a rip.

Bloomberg again: “Groups including the Mortgage Bankers Association have been warning about the impact of rulemaking in an already tight market.”

Now there’s a surprise. So bankers hate rules and regulations? Really? And they also think its terrible that borrowers need to have decent credit scores to qualify for “government backed” loans? Will wonders never cease. Well they won’t have to wait much longer, will they, because Obama has promised to loosen those “onerous” rules so they can get back to business and start fleecing people like the good old days.

Let’s not kid ourselves, the banks have figured out what many analysts have known all along; that low rates, mortgage modifications, and massive private investment (speculation) are not going to be enough to reflate prices and generate another housing bubble. No way. It’s going to take a total breakdown in lending standards so the banks can, once again, provide hundreds of thousands of dollars to anyone who can sit upright and scratch his John Hancock on a mortgage app. That’s what it’s going to take to erase the 30% loss in the value on the stockpile of garbage mortgages the banks still hold on their balance sheets.

Here’s Obama again:

“Too many families who have never missed a payment and want to refinance are being told no. That’s holding our entire economy back, and we need to fix it. Right now, there’s a bill in this Congress that would give every responsible homeowner in America the chance to save $3,000 a year by refinancing at today’s rates. Democrats and Republicans have supported it before. What are we waiting for? Take a vote, and send me that bill.”


So Obama doesn’t just want to loosen regulations for new home buyers (No down payment, high debt-to-income ratio), he also wants to help refinance underwater homeowners who’ve been making their monthy payments regularly. But why? After all, the administration’s aggressive mortgage modification program (HAMP) is already providing low-interest refis for people who are as much as 125% LTV (underwater) What’s different about this program?

Ahh, that’s where it gets interesting. Here’s the scoop from Bloomberg:

“The U.S. Treasury Department and members of Congress are preparing to move forward with plans to expand government-backed refinancing programs to underwater homeowners whose loans are packaged in private-label securities.” (“U.S. Mortgage Refinancing Push Said to Advance in Congress”, Bloomberg)


“Private label”? So now the USG is going to guarantee the mortgages the banks concocted in their boilerrooms that didn’t even conform to standards that would allow them to be financed by Fannie and Freddie? That’s what Obama is pushing for? Yeegads! Here’s more from Bloomberg:

“Senator Jeff Merkley, an Oregon Democrat, is drafting a bill modeled on a proposal he outlined last year to set up a federal trust to purchase or guarantee refinanced mortgages….

The trust, as described in Merkley’s earlier proposal, would provide relief to borrowers with privately owned loans and probably would be set up under the oversight of an existing housing agency. If Congress doesn’t pass such a measure, the Treasury is drafting a plan to step in to pay for rate modifications for those homeowners.” (Bloomberg)


What? So if Congress doesn’t approve the bailout, then the Treasury will implement the plan anyway? Is that it? That doesn’t sound very democratic.

Bloomberg again:

“Under that option, the government would pay the difference between the new and original interest rates to the owners of the loans for five years. Investors in private-label securities have sometimes objected to mortgage modifications because of concerns their income could be reduced.” (Bloomberg)


Wait a minute. Shouldn’t the investors or the banks take the haircut instead of taxpayers? After all, whose fault is it that 5 million families have lost their homes to foreclosure since 2007 and 11 million homeowners are presently underwater? Not the taxpayer. Let the responsible parties bear the costs. That’s the way the system is supposed to work, right?

And Merkley’s proposal is just one two bills now awaiting congressional action. The other is the Boxer-Menendez bill which “promises lenders they won’t be forced to absorb the loss on refinanced loans that default.” (Bloomberg) Great. So, while the Boxer-Menendez bill will not refi loans that are not backed by Fannie Mae and Freddie Mac, (no “private label” loans) it will move (an estimated) one million high-risk mortgages off bank balance sheets and onto the public’s ledger. This is how the free market capitalism works in the US today; all the profits go to Wall Street and all the red ink goes to Main Street.

Obama doesn’t care if struggling homeowners get a break on their refis or not. It’s all a joke. He’s just helping his bank buddies cut their losses while they set the stage for their next big heist.


MIKE WHITNEY lives in Washington state. He is a contributor to Hopeless: Barack Obama and the Politics of Illusion (AK Press). Hopeless is also available in a Kindle edition. He can be reached at fergiewhitney@msn.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,
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Re: "End of Wall Street Boom" - Must-read history

Postby JackRiddler » Fri Mar 01, 2013 1:10 am

I had C-SPAN on last week at some point (I just checked: it was February 19th) when they aired a presentation by Simpson and Bowles, of the Catfood Commission. It started with an announcement that the event was sponsored by Bank of America and Politico. They spoke in front of Bank of America logos. Just so that no one misunderstands the relationships in play.

Soon as it started, it was subject to a serial disruption! Five people stood up, one after another, to tell them they were full of bullshit. Or, at any rate, to get at their theme: "Pay your fair tax share!," meaning the rich who have received all the benefits of the crisis should pay before all these cuts being pushed by the Peterson-sponsored twins. Once the last of the disruptors was escorted out, Simpson spent 15 seconds pretending to answer, but they didn't have an answer, of course.

Not to complain about the essential service of the disrupters, but I wish they'd emphasized the obvious fact about the even they were disrupting: "Sponsored by Bank of America." In addition to the refusal to tax the 1%, even as wealth has continued to conentrate in their hands, the present deficit was caused by the crash induced by Wall Street and the post-9/11 war spending. Not by Social Security and not by Medicare, both of which have financed the deficit until now by pulling in surpluses to trust funds held in treasury bills.

In any case:


http://www.counterpunch.org/2013/02/21/ ... sion/print

February 21, 2013

We Need Job Creation
The Debt-to-GDP Diversion


by DEAN BAKER

Morgan Stanley director Erskine Bowles and former senator Alan Simpson are still trotting around a plan for arbitrary deficit reduction targets that completely ignore the basic reality of the deficit. In their new version they tell us:

“To be credible for the long-term, we believe that the debt must be brought to below 70 percent of GDP by early in the next decade, and kept on a downward trajectory thereafter.”

Where did the 70 percent number come from, divine inspiration? It is clearly not grounded in reality. Japan has a debt-to-GDP ratio of more than 200 percent and can still borrow long term at just 1.0 percent interest.

Of course such debt targets are easily shown to be silly, since we can buy back debt issued at low interest rates at sharp discounts when the interest rates rise. If a lower debt-to-GDP ratio is important, that is the simplest way to meet it.

This would be a small matter if Bowles and Simpson were not proposing real pain to real people. Their cuts to Social Security and Medicare will be a major hit to tens of millions of seniors who even now have a median income of just $20,000 a year. The change to the Social Security cost-of-living adjustment alone, which amounts to a 3 percent cut over the lifetime of a typical beneficiary, would be a much larger hit to the income of the typical senior than President Barack Obama’s tax increases were to the high-income people affected by them.

The proposed cuts to Medicare seem like gratuitous pain. In their 2010 plan, Bowles and Simpson had called for $300 billion in cuts to Medicare spending over the decade. Since then, the Congressional Budget Office has already reduced its Medicare spending projections by more than $500 billion. This means that we already have seen more savings from Medicare than they originally targeted.

Bowles and Simpson also again ignored demands to tax Wall Street. Europe is moving ahead with plans to impose a financial speculation tax. The Joint Tax Committee has estimated that a modest tax on speculation here could raise $40 billion a year. But for some reason taxing Wall Street never appears in their plans.

However the most infuriating aspect of their plan is the implication that we have an out-of-control deficit. As every budget analyst knows, the deficit is high because the economy collapsed when the housing bubble burst. Serious people talk about getting the economy back on its feet and re-employing the millions of people who lost their jobs. Bowles and Simpson talk about debt-to-GDP ratios.


Dean Baker is the co-director of the Center for Economic and Policy Research (CEPR). He is the author of Plunder and Blunder: The Rise and Fall of the Bubble Economy and False Profits: Recoverying From the Bubble Economy.

This article originally appeared on Debate Club.



Here's another deficit related piece, on an aspect I didn't know about. (As often the case - see Sheila Bair, above - writer opportunistically invokes name of a politician who wants some kind of light reform on this one aspect, even as the system goes to hell. And that politician is none other than the Simpson-Bowles commission member, Dick Durbin.)


http://www.counterpunch.org/2013/02/15/ ... icit/print

Weekend Edition February 15-17, 2013

Unlimited Losses
Roth IRAs Pushing Up the Deficit


by GERALD E. SCORSE

Saving for retirement is good for individuals and good for the country—but Roth individual retirement accounts (IRAs) are costing America dearly. They’ll add to the deficit far into the future, and the amount they add is set to explode. Let’s discover why, and look at some ways to hold down the damage.

In contrast to other retirement accounts, contributions to Roth IRAs have already been taxed. That’s it for the Treasury from Roths. Instead of an upfront tax break, they get a permanent tax break: no more taxes, ever. The tradeoff effectively guarantees untold billions in downstream losses.

The losses are unlimited. They occur because the untaxed capital gains in Roth accounts can easily reach several multiples of taxed Roth contributions. All other accounts ultimately pay taxes on both contributions and gains; Roths pay only on the usually far smaller contributions amount.

Congress has twice sharply increased America’s future losses from Roth IRAs. On New Year’s Day 2013, the fiscal cliff agreement opened the door to immediate Roth conversions by tens of thousands of 401(k)s, 403(b)s and 457s. (Conversions turn tax-deferred plans into tax-free Roths. Until now, only regular IRAs could convert before age 59 1/2. Conversions raise Treasury receipts initially, since they require the payment of the taxes due on the base accounts.) Earlier, starting in 2010, a Bush Administration law removed the $100,000 adjusted gross income limit for Roth conversions.

Ending the income cap on conversions followed the Bush pattern of tax breaks for the wealthy. The bipartisan pattern of playing fiscal games also helped drive Congress’s action. In July 2010, with conversions booming, tax expert Howard Gleckman described the Roth game: “Congress adopted the tax change in part as a fiscal gimmick. That’s because, within the 10-year budget window (all that matters in Washington accounting), the conversions raise revenue. At the time the law passed, CBO [the Congressional Budget Office] figured it would generate about $6.5 billion from 2010-2015. But in the long run, turning billions of dollars from tax-deferred to tax-free savings will be a huge loser for Treasury. My colleagues at Tax Policy Center figure that, through mid-century, allowing unlimited Roth conversions will reduce federal revenues by $100 billion.” That figure, of course, doesn’t count the losses that began piling up when the accounts were launched in 1998.

There’s no stopping the red ink already flowing from Roth IRAs. With the nation struggling to balance the books, it’s time for Congressional damage control. Here are three deficit-reducing Roth reforms:

Abolish conversions. The largest Treasury losses will come from the largest Roth accounts, i.e., conversions. Congress should override the fiscal cliff provision and abolish all future Roth conversions. At a minimum, it should restore the income ceiling.

End Roth Startups. Other retirement plans are genuine two-way bargains: savers enjoy tax advantages, but repay the country via taxable distributions. Roths eat away at America’s fiscal future, taking ever-bigger bites as more accounts come on-stream. The second reform, just as important as the first, is to stop opening new Roth IRAs.

Require distributions. Minimum distribution requirements—standard on all other retirement plans—have never applied to Roths. Accounts created under the fiscal cliff agreement will require distributions, and Congress should extend the rule to all Roths. Tax-free Roth payouts would pump extra money into the economy, and give governments at all levels a chance to recoup some of their lost revenues.

Senate Majority Whip Dick Durbin (D-IL) sees tax reform as one way to help close the federal deficit. As he recently told CNN, “There are plenty of things within that tax code, these loopholes where people can park their money on some island offshore and not pay taxes.” Nobody has to go offshore. All anyone has to do is convert a retirement account to a Roth IRA, or build one from scratch.


Gerald E. Scorse helped pass the bill requiring basis reporting of capital gains. He writes articles on taxes.

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 Mar 01, 2013 1:21 am

Long as we're posting Dean Baker on the Catfood Commission fall-out, here's another:

Few motherfuckers have been as tireless in committing evil on the world as Pete Peterson, Nixon Treasury Secretary and later simultaneous head of the Council on Foreign Relations and the New York Federal Reserve (in 2001, when his hedge fund also bought the mortgage on WTC 7).



http://www.counterpunch.org/2013/02/12/ ... spot/print

February 12, 2013

Taxing Wall Street
Fix the Debt’s Blind Spot


by DEAN BAKER


At this point everyone knows about Fix the Debt. It is a collection of corporate CEOs put together by Peter Peterson, the Wall Street private equity mogul. Ostensibly they want to reduce budget deficits and the national debt, but for some reason their attention always seems focused on cutting Social Security and Medicare. While some in this group will allow for minor tax increases, budget cuts are explicitly a priority, with these two programs firmly in their crosshairs.

Given that the stated goal of this group is to reduce budget deficits, it is worth asking why taxes don’t figure more prominently on their agenda. After all, the United States ranks near the bottom of wealthy countries in its tax take as a share of GDP. It is also worth asking why one tax in particular, a financial transactions tax, never seems to get mentioned in anything the group or its members do.

This omission is striking because so many others in budget debates in the United States and around the world regularly suggest such a tax. There is a long list of highly respected economists who have advocated such taxes, starting with John Maynard Keynes. The list includes many Nobel Prize winners, most notably James Tobin who wrote several papers arguing for such a tax as a way to both raise revenue and slow speculative trading.

Financial transactions taxes are hardly new. The United Kingdom has had a tax on stock trades in place since 1694. It still imposes a tax of 0.5 percent on trades. Relative to the size of its economy the tax raises the equivalent of $30-40 billion a year in the United States. Many other countries, including India and China, have financial transactions taxes. The United States used to have a tax of 0.04 percent on stock trades until 1966 and still has a very small tax that is used to finance the Securities and Exchange Commission.

In the wake of the financial crisis there has been renewed interest in a financial speculation tax. The European Union recently decided to move ahead with implementing a tax which will first be imposed in 2015 or 2016. There is also considerable interest in the United States. While financial speculation taxes have been included as a funding mechanism in many bills there were two standalone bills introduced in Congress last year.

A bill introduced by Tom Harkin in the Senate and Peter DeFazio in the house would apply a tax rate of 0.03 percent (that is 3 cents on $100 dollars) on trades of stocks, bonds and derivatives. The Congressional Joint Tax Committee projected that the tax would raise close to $40 billion a year. That would come to $400 billion over a decade. Minnesota Representative Keith Ellison introduced a bill that would scale the tax rate by asset, starting with the same 0.5 percent rate the U.K. imposes stock trades. This bill could raise as much as $180 billion a year.

The concept of a transactions tax has received considerable support from grassroots groups around the country. It has also been endorsed by many unions, including the National Nurses United, SEIU, and the AFL-CIO.

Given all the interest in a financial speculation tax it is striking that the Fix the Debt crew never even mention it when discussing their efforts at deficit reduction. That seems to cry out for an explanation.

One possibility is that they haven’t heard of it. That one is too out in space to take seriously. Even the IMF has written on financial transactions taxes and in fact advocated increasing taxes on the financial sector. How could the Debt Fixers not know about the proposals for financial transactions taxes?

It is possible that they have a slam dunk argument that a financial speculation tax would just be bad news for the economy or really wouldn’t raise any revenue. If so, it would be nice if they could share it with the rest of us so that we didn’t waste our time giving FSTs further consideration. After all, in addition to all the politicians and policy types to who have been devoting time to the issue, most of the European Union is about to put a tax into law in 2-3 years. If the Debt Fixers know of some horrible problem that all the researchers, including the IMF, have missed they would do us an enormous favor by setting us straight.

Then there is possibility number three. Many of the debt fixers, such as Morgan Stanley director Erskine Bowles and Peter Peterson, the master debt fixer himself, have longstanding ties to the financial industry. They may not be interested in a financial speculation tax for the simple reason that it could eat into their bread and butter. We should no more expect the Debt Fixers to support a FST than we would expect a farmers’ lobby to support an end to farm subsidies.

On the plausibility scale, explanation number three would seem to be the most credible. We have a group of rich finance types using their wealth to advance their agenda. There’s nothing new in this story, that’s the way Washington politics has always worked. The question we should then ask is, why do the Washington Post, National Public Radio, and the Sunday morning talk shows take these people seriously?

Dean Baker is the co-director of the Center for Economic and Policy Research (CEPR). He is the author of Plunder and Blunder: The Rise and Fall of the Bubble Economy and False Profits: Recoverying From the Bubble Economy.

This article originally appeared on the Huffington Post.


Baker, you already know the answer to that question, and delivered it in the prior sentence: "There’s nothing new in this story, that’s the way Washington politics has always worked." Or in the sentence before: "We have a group of rich finance types using their wealth to advance their agenda," and both the corporate media and Nationalist Propaganda Radio have always been faithful bootlickers to such efforts.

.
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.

TopSecret WallSt. Iraq & more
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