tagged w/ Financial Fraud
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Published date: January 4, 2011
Category: Money and Economics
Tags: Money, Money and Economics
Comments: 9 (Comment on this post)Published date: January 4, 2011
Category: Money and Economics
Tags: Money, Money and... more
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by Zach Carter, Media Consortium blogger
Image Courtesy of Flickr user New America Foundation, via Creative Commons LicenseWith the Wall Street reform bill finally cleared through Congress, activists and intellectuals are pushing hard to make sure that this bill isn’t the last word Congress utters about Big Finance. We need deeper and more robust reforms, but it’s also critical to ensure that the new bill is implemented as effectively as possible. Part of that means appointing officials with a proven record as robust reformers—people like Elizabeth Warren.
Too-big-to-fail lives on
What more do we need to keep Big Finance from ravaging the middle class? As Stacy Mitchell notes for Yes! Magazine, the bill Congress just signed off on doesn’t really address the core problems posed by our out-of-control banking system. Too-big-to-fail is alive and well, and lawmakers must push to break up the megabanks during the next legislative cycle or risk another economic calamity. Mitchell writes:
“Since the collapse, giant banks have only grown bigger and more powerful, and less responsive to the needs of the real economy. While the financial reform bill includes several worthwhile measures, it will not set the industry right or entail a fundamental alteration of its scale and structure.”
There are still some great reforms in the current round of legislation, among them the creation of a strong new Consumer Financial Protection Bureau (CFPB) to write and enforce rules on mortgages, credit cards, overdraft fees and more. The first person to head this new regulatory body will be tremendously important to its future. They will set the tone for the bureau’s operations and establish a culture that will define it for years to come.
Elizabeth Warren: The Obvious Choice
The most obvious pick to head the agency is Elizabeth Warren, who currently chairs the Congressional Oversight Panel for the Troubled Asset Relief Program. Warren has been a rare force of accountability for the Wall Street bailout. She’s also a capable and committed reformer. Her current post has almost no formal statutory power, but Warren has used a series of reports and hearings to publicize previously obscure failures on issues ranging from the AIG bailout to the unmitigated foreclosure crisis.
She also just happened to be the person who came up with the idea for creating a CFPB in the first place.
But while Warren is the top candidate for the post, she’s facing stiff opposition from the Treasury, as Annie Lowrey details for The Washington Independent. The source of the tension? Warren’s public criticisms of Treasury from her current position. In short, the Treasury is upset that she’s doing her job well.
Kevin Drum of Mother Jones also weighs in, calling Warren “the obvious choice” for the new CFBP role. A Warren appointment, Drum notes, would send a clear signal to voters that the Obama administration is serious about reining in financial excess. It would also demonstrate that President Barack Obama is actually paying attention to the concerns of the people who elected him in 2008.
A Strong CFPB Will Strengthen Economic Recovery
From a policy perspective, Warren’s long list of accomplishments on banking reform will be critical to the new CFPB, because financial abuses of consumers have not abated since the mortgage meltdown, despite widespread public condemnation.
As I emphasize for AlterNet, banks scored a total of over $38 billion in overdraft fees in 2009, while the industry’s combined profit for the year was just $12.5 billion. The problem is not only that banks are engaging in rampant predation, but that predation is their dominant line of business. Instead of making responsible loans to support the economy, finance is gouging the middle class with tricks and traps.
But current regulators have been extremely reluctant to do anything about this behavior. The CFPB needs a strong leader who can immediately put an end to these kinds of activities and coherently set the tone for the bureau’s future conduct. There is simply no candidate better qualified for the post than Elizabeth Warren—selecting anyone else would be a clear sign that Obama is not serious about reining in Wall Street.
Fighting fraud
Consumer protection is not the only arena that will need strong oversight in the coming years. We’ll also need aggressive prosecutions of financial fraud. On Thursday, Goldman Sachs agreed to pay $550 million to settle a fraud suit brought against the company by the SEC. The arrangement is something of a mixed bag—Goldman did not admit to any wrongdoing, but it did acknowledge that it mislead its investors, which is a very big liability for a Wall Street titan to take on. The admission will also make it much easier for Goldman to be successfully sued by clients who got a raw deal from the megabank.
But as Amy Goodman and Juan Gonzalez of Democracy Now! note in an interview with Rolling Stone reporter Matt Taibbi, the settlement is also largely a disappointment. If the SEC had pursued and received a verdict against Goldman, it may very well have extinguished the company altogether. But even more frightening, Taibbi notes, is that Wall Street is interpreting the deal to mean that the government will not pursue further prosecutions against financial fraud.
The financial crisis that reached a fever-pitch in 2008 was fueled by inadequate rules, but it was also largely a story of banks aggressively breaking the rules that did exist. At the most basic level, banks issued millions of fraudulent mortgages, then packaged those fraudulent mortgages into securities and sold them off to investors without telling them that the securities were fraudulent.
They also resorted to all kinds of wild tricks to artificially inflate the values of their assets and deceive the public about the scope of their potential losses. Fraud, in other words, was at the very heart of what went wrong during the housing bubble, and if the SEC and the Justice Department refuse to take action against other fraudsters, they will encourage future abuses.
As Mitchell of Yes! emphasizes, citizens can express their outrage by moving their money from banking behemoths to safe, community-oriented local banks. Breaking up the big banks will require federal action, but we can pressure policymakers into doing the right thing by changing our own economic habits. The sooner we do so, the better.
This post features links to the best independent, progressive reporting about the economy by members of The Media Consortium. It is free to reprint. Visit the Audit for a complete list of articles on economic issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Mulch, The Pulse and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.by Zach Carter, Media Consortium blogger
Image Courtesy of Flickr user New America... more
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by Zach Carter, Media Consortium blogger
Last week, the Securities and Exchange Commission filed fraud charges against Goldman Sachs and underscored what most Americans have believed for some time: Wall Street has rigged the economy in its own favor, and will stop at nothing—not even outright theft—to boost its profits. What’s worse, Goldman’s scam could have been completely prevented by better regulations and law enforcement.
Goldman’s heist
Let’s be clear. “Financial fraud” means “theft.” Goldman Sachs sold investors securities that were stocked with subprime mortgages and had been cherry-picked by a hedge fund manager named John Paulson. Paulson believed these mortgages were about to go bust, so he helped Goldman Sachs concoct the securities so that he could bet against them himself.
Goldman Sachs, like Paulson, also bet against the securities. But when Goldman sold the securities to investors, it didn’t tell them that Paulson had devised the securities, or that he was betting on their failure. By withholding crucial information from investors, Goldman directly profited from the scam at the expense of its own clients. If ordinary citizens did what the SEC’s alleges Goldman did, we’d call it stealing.
As Nick Baumann emphasizes for Mother Jones, the SEC’s suit against Goldman is just the tip of the iceberg. During the savings and loan crisis of the late 1980s, literally thousands of bankers were jailed for financial fraud. Today’s crisis was much larger in scope, yet the Goldman allegations are among the first serious charges of legal wrongdoing to emerge (other complaints have been filed against Regions Bank and former Countrywide CEO Angelo Mozilo). If the SEC or the FBI are doing their jobs, we should see many more of these cases.
Bust ‘em up.
How do banks get away with these kinds of shenanigans and still secure epic taxpayer bailouts? It’s all about their political clout, as Robert Reich notes for The American Prospect. So long as banks are so enormous that they can ruin the economy with their collapse, the institutions will always carry tremendous political clout.
Even in the case of Goldman Sachs, which is too-big-to-fail by any reasonable standard, the SEC’s fraud case is being filed three years after the company’s alleged offense. That’s well after the company rode to safety on the Troubled Asset Relief Program, the AIG bailout and billions more in other indirect assistance—and only after multiple journalists made Goldman’s offensive transactions general public knowledge.
If we don’t break up the big banks, politically connected Wall Street titans will make sure they get bailed out when the next crisis hits, regardless of whatever laws we have on the books.
Fix the derivatives casino
If Congress doesn’t soon pass a bill to break up behemoth banks, it will be neglecting the gravest problem in our financial system today. But several other reforms are needed if Wall Street is ever going to serve a useful economic function again.
As Nomi Prins emphasizes for AlterNet, much of the Wall Street profit machine has been divorced from the economy that the rest of us live in. These days, banks make most of their money from securities trades and derivatives deals. Their actual lending business is taking a beating. That means big banks have very little incentive to promote economic well-being for every day citizens. We need to create these incentives by banning economically essential banks from engaging in securities trades, and make sure all derivatives transactions are conducted on open, transparent exchanges, just like ordinary stocks and bonds.
Better derivatives regulations could help protect against fraud. If Goldman Sachs’ sketchy subprime deal had been subject to market scrutiny on an exchange, it’s very unlikely that any investor would have bought into it. Goldman Sachs almost got away with it because the deal was secretive and beyond the scope of most regulatory oversight.
Protect whistleblowers
The Goldman case also raises significant questions about the government’s enforcement of existing financial fraud laws. Bradley Birkenfeld, a banker for Swiss financial giant UBS, helped the Department of Justice bring the largest tax fraud case in history against his company, which was helping rich Americans hide money from the IRS in offshore bank accounts.
For his cooperation, Birkenfeld was rewarded with a four-year prison sentence, even though nobody else at UBS—nobody—has been sentenced to prison over the scam. As Juan Gonzalez and Amy Goodman emphasize for Democracy Now!, Birkenfeld’s imprisonment could have something to with who exactly is hiding money with UBS.
Gonzalez discusses an interview with Birkenfeld, in which the former banker notes that the bank had a special office to handle the accounts of “politically exposed persons”— American politicians. Moreover, the top brass at UBS includes key advisors to top politicians in both parties. This is exactly the kind of influence smuggling that breaking up the banks would help fix. UBS is a multi-trillion-dollar institution with no less than 27 U.S. subsidiaries.
But protecting Birkenfeld would accomplish still more—by jailing him, the Justice Department is actively discouraging others from coming forward, and making it more difficult for regulators to enforce the law.
Greenspan’s failure
It’s abundantly clear that almost every major regulatory agency charged with curtailing financial excess failed to prevent the Crash of 2008. But that failure doesn’t mean that effective regulation is impossible—it only shows that the regulators in power failed. The top bank regulator in the U.S., John Dugan, was a former bank lobbyist.
As Christopher Hayes demonstrates for The Nation, former Federal Reserve Chairman Alan Greenspan has never had any interest in regulation whatsoever. After the crash, Greenspan insisted that nobody could have seen it coming. But as Hayes notes, many people did—Greenspan simply didn’t listen to them. These days, Greenspan is revising his story, claiming that he did in fact see the crisis coming, but that nobody could have prevented it. That is simply not credible.
Hayes draws a useful parallel Hurricane Katrina, a problem sparked by a natural event that became a catastrophe when regulators failed to take the necessary precautions. The lesson from both Katrina and the financial crash is not that government always screws up—we have plenty of examples of government preventing floods and economic calamity. The lesson we should learn is that people who don’t believe in government will never do a good job governing. As Hayes notes:
If Greenspan couldn’t figure things out, that doesn’t mean others can’t. In fact, developing systems for doing just that is called—quite simply—progress, and Alan Greenspan continues to be one of its enemies.
That is exactly the task that now presents itself before Congress: Developing a system to prevent and constrain economic destruction wielded by Wall Street. The U.S. had a system that did exactly this for more than fifty years. For the last thrity years, it has been systematically dismantled. How well Congress lives up to that challenge will define much of our economic future for decades to come.
This post features links to the best independent, progressive reporting about the economy by members of The Media Consortium. It is free to reprint. Visit the Audit for a complete list of articles on economic issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Mulch, The Pulse and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.by Zach Carter, Media Consortium blogger
Last week, the Securities and Exchange... more
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The Mills trial is a case where there are little mysteries, although many TVs and Italian newspapers have said little or nothing about it, because affects the supreme leader. The British lawyer Mills has been sentenced to 4 and half years of prison for corruption in the first instance and appeal: he would had taken money to lie to judges, to the benefit of Berlusconi, in two different trials.
http://www.inaltreparole.net/en/whatpoliticiansdo/millsberlusconi160110.htmlThe Mills trial is a case where there are little mysteries, although many TVs and... more
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