Showing posts with label Predatory Lenders. Show all posts
Showing posts with label Predatory Lenders. Show all posts

Tuesday, January 15, 2013

The Five-Step Process to FUCK the Middle Class Worker

Monday, January 14, 2013 by Common Dreams
by Paul Buchheit


It's so artfully done, and so diabolical, that one can picture secret seminars in subterranean Wall Street meeting rooms, guiding young business recruits in the proven process of taking an extra share of wealth from the middle class. Their presentation might unfold as follows:

1. Boost productivity while keeping worker wages flat.

The trend is unmistakable, and startling: productivity has continued unabated while wages have simply stopped growing. Improved technologies have reduced the need for workers while globalization has introduced the corporate world to cheap labor. In effect, the workers who built a productive America over a half-century stopped getting paid for their efforts.

Paul Krugman suggests that a "sharp increase in monopoly power" is another reason for the disparity. As John D. Rockefeller said, "Competition is a sin." That certainly is the rule of thumb in banking and agriculture and health insurance and cell phones. Yet despite the fact that low-wage jobs are increasingly defining the American labor market, apologists for our meager minimum wage claim an increase will worsen unemployment. So it remains at $7.25. A minimum wage linked to productivity would be $21.00 per hour.

2. Build up a financial industry that has no maximum wage.

This is where the money is. In 2007, before the financial crisis, a Harvard survey revealed that almost half of the school's seniors aspired to careers in finance. The industry's share of corporate profits grew from 16% in 1980 to an astonishing 45% in 2002.

And there's no limit to the earning potential. Hedge fund manager John Paulson conspired with Goldman Sachs in 2007 to bundle sure-to-fail subprime mortgages in attractive packages, with just enough time for Paulson to collect other people's money to bet against his personally designed financial instruments. He made $3.7 billion, enough to pay the salaries of 100,000 new teachers.

3. Keep accumulating wealth created by the financial industry.

Experienced schemers have undoubtedly observed that over the past 100 years the stock market has grown three times faster than the GDP. The richest quintile of Americans owns 93% of such non-home wealth.

In the last 25 years, only the richest 5% of Americans have increased their share of non-home wealth, by the impressive rate of almost 20 percent.

In just one year, the richest 20 Americans earned more from their investments than the entire U.S. education budget.

4. Tax yourself as little as possible.

The easiest and least productive way to make money - holding on to investments - is also taxed at the lowest rate. In addition to the capital gains benefit, tax ploys like carried interest, performance-related pay, stock options, and deferred compensation allow hedge fund managers and CEOs to pay less than low-income Americans, and possibly even nothing at all.

The richest 400 taxpayers doubled their income in just seven years while cutting their tax rates nearly in half. U.S. corporations can match that, doubling their profits and cutting their taxes by more than half in under ten years. The 1.3 million individuals in the richest 1% cut their federal tax burden from 34% to 23% in just 25 years.

5. Lend out your excess money to people who can no longer afford a middle-class lifestyle.

As stated by Thom Hartmann, "The 'Takers' own vast wealth, and loan it out at interest to everybody from students to governments.." Overall, Americans are burdened with over $11 trillion in consumer debt, including mortgages, student loans, and credit card liabilities.

Wealth has largely disappeared for the middle- and lower-income classes. More than $7 trillion has been lost in the decline of home prices since 2006. Young college graduates have an average of $27,200 in student loans, and the 21-35 age group has lost 68% of its median net worth since 1984, leaving each of them about $4,000. Median net worth for single black and Hispanic women is a little over $100.

So we're hanging on by the frazzled thread of debt that indentures us to the rich and makes it harder and harder to fight back against the theft of our middle-class wealth. As we struggle to support ourselves, the super-rich remain on the take, driving us ever closer to the status of most wealth-unequal country in the world.

Yet Another Housing Bubble on the Horizon

Those who do not learn from history are doomed to repeat it. The power structure of the United States is comprised solely of short-sighted, greedy cunts who don't have to suffer the failure they commit over and over. We, the people, do. Fuck them!





The "Qualified Mortgage" Rule
by MIKE WHITNEY


The US Consumer Financial Protection Bureau’s rule defining a “qualified mortgage”, which was announced on Thursday, creates vast new opportunities for the nation’s biggest banks to engage in predatory lending practices with impunity. While the corporate mainstream media describes the rule as an attempt to protect borrowers from the risky types of loans that caused the financial crisis, the opposite is true. The real purpose of the rule is to provide legal protection for the banks from homeowner lawsuits, and to lay the groundwork for more reckless lending that could inflate another housing bubble. In other words, the rule was designed to serve the interests of the banks and the banks alone. This is why bankers everywhere are celebrating the final draft. Take a look at this from Forbes:
“We applaud the Bureau for offering a legal safe harbor to lenders when they originate loans that meet the rigorous ‘qualified mortgage’ standards in the rule,” said Debra Still, chairman of the Mortgage Bankers Association, in a statement. “This approach should allow lenders to offer sustainable mortgage credit to a great number of qualified borrowers without having to risk unreasonable and overly punitive litigation and penalties.” (Could New Tighter Mortgage Rules Actually Ease Lending?” Forbes)

The banks are happy because they got everything they wanted; blanket legal immunity for garbage mortgages they plan to offload onto US taxpayers, a green light to resume extending credit to high-risk borrowers, and a first-rate public relations campaign that makes the entire coup look like genuine consumer protection.

As one cheery bankster quipped, “This was the Superbowl of rules”.

Indeed. It’s a big victory for the banks, but a major defeat for consumers. And the aftershocks will be felt for years to come, because (as we said in an earlier article) housing sales are already above trend and prices are back to normal which means that the only way the banks can reduce their huge backlog of 5 million distressed homes (which will face foreclosure in the next few years) is by creating another housing bubble. And, as we all know, housing bubbles require lax lending standards so that people who are not really creditworthy, end up borrowing hundreds of thousands of dollars that they’ll never be able to repay. This is what the new rule is really all about; it provides new opportunities for predatory lending, but with one notable difference from before, that is, if the loan meets the pitiable standard of a qualified mortgage, then the losses from the defaulting loan will be paid by taxpayers. That’s why the bankers are celebrating.

So, ignore the PR-hype about the banning of “deceptive teaser rates” or “no documentation loans” or “protecting the consumer”. That’s just a smoke screen to confuse you. The meat and potatoes in this rule, is what it doesn’t say. Here’s a clip from the Wall Street Journal that sums it up perfectly:
“Do qualified mortgages have a minimum down payment or credit score requirement?

No. Instead, the rules focus primarily on documenting a borrower’s ability to make monthly payments.” (“What the CFPB Measures Mean For Borrowers”, Wall Street Journal)

Have you ever heard anything more ridiculous in your life?

Didn’t we just go through a massive housing implosion which sent the financial system and the real economy into a 4-year death spiral? And now the agency which is supposed to protect consumers from another similar catastrophe is allowing the banks to issue mortgages that will be guaranteed by the government to applicants who don’t have the wherewithal for a lousy 5 or 10 percent down payment (No “skin in the game”) and whose credit scores will not be used to help decide whether they’re capable of repaying the loan or not?

What sense does that make? Does CFPB Director Richard Cordray think that he’s protecting consumers from the ravages of predatory lending by abandoning traditional standards and criteria for issuing a mortgage? Is that it?

Or is Cordray just another “captured” regulator doing the banks’ bidding? (It was clear that Cordray was another malleable bank toady back in Oct 2012 when this issue first arose. See: “Consumer Protector Caves to the Banks“, CounterPunch)

The media is making a big deal about the “ability-to-repay” provision of the new rule which requires banks to see that borrowers have sufficient assets or income to pay back the loan. But, once again, it’s all fluff. Banks don’t operate on the “honor system”. They’re going to stretch the new QM rule as far as possible, fitting borrowers into loans that will certainly fail sometime in the future. The losses for those loans will then be passed on to taxpayers. This is the same scam that took place during the subprime mortgage crisis. The banks booked profits on all manner of junk loans to high-risk borrowers figuring that the losses would be shifted onto investor groups who purchased the (subprime) bonds in the secondary market. The same nightmare is about to unfold again, only this time the banks won’t get stuck with the tab. Here’s an excerpt from an article in the New York Times that explains:
“As regulators complete new mortgage rules, banks are about to get a significant advantage: protection against homeowner lawsuits … some banking and housing specialists worry that borrowers are losing a critical safeguard. Industries rarely get broad protection from consumer lawsuits, and banks would seem unlikely candidates given the range of abuses revealed during the housing bust.” (“Banks Seek a Shield in Mortgage Rules”, New York Times)

Can you believe it? Even the business-friendly NYT is shocked that the CFPB is giving the banks legal immunity. (“Safe harbor”) Why? Why would the government agree to insure the activities of private industry (through Fannie and Freddie), especially when that industry has shown that it is loaded with crooks and criminals? This is corporate welfare at its worst and, unfortunately, it creates a powerful incentive for the banks to game the system and recklessly extend credit to anyone who can sit upright and sign a mortgage application.

Here’s more from the NYT:

“The Consumer Financial Protection Bureau, the fledgling agency that is shaping the rules, faces a crucial but difficult task. Banks are pressing for a strong version of the legal shield. They also want qualified mortgages to be available to a broad range of borrowers, not just those with pristine credit.”

Of course they do. That’s how they make their money, by creating toxic loans that are passed along to Uncle Sam. How else are the banks going to boost profits in an economy where unemployment is 7.8%, underemployment is tipping 14%, where wages are shrinking, and where the net wealth of the average American has plunged by a harrowing 40 percent in the last decade?

Business investment?

Don’t make me laugh. The only way the banks can survive is by attaching themselves parasitically to the US government and sucking for all they’re worth. Bad loans are simply the modus operandi, the means by which they extract fluid from their victim. Cordray and Co. appear to be only-too-eager to assist them in this task. Here’s more from the Times:
“Big financial institutions have faced an onslaught of litigation since the downturn, although mostly by the government, investors and other companies instead of borrowers. In February, five large mortgage banks reached a $26 billion settlement with government authorities that aimed, in part, to hold banks accountable for foreclosure abuses.”

Okay, so now we’re getting down to brass tacks. The banks want the new rule to shield them from future losses that will naturally accrue when they start ripping people off again. Right? This is why they fought tooth-n-nail to keep Elizabeth Warren off the CFPB board, because they knew she wouldn’t play ball with them. So they turned to “rubber stamp” Cordray instead, who has performed admirably executing Wall Street’s latest big heist with the skillfulness of a paid assassin.

Way to go, Rich.

There’s one more tidbit in the new QM rule that’s worth noting, a provision that states that “loans would be deemed qualified mortgages if borrowers are spending no more than 43% of their pretax income on monthly debt payments.”

“43% pretax income”?

You gotta be kidding me. That means that borrowers can qualify even if they’ll have to fork over 50% or more of their weekly paycheck. How many of those loans are going to get repaid?

Not many, I’d wager. This bill is a joke. Cordray has set up taxpayers for some hefty losses just to ingratiate himself with the Wall Street Bank Mafia. It’s shocking.

Can you see what’s going on?

The banks don’t want to act like banks anymore. They don’t want to hold capital against the loans they issue, they don’t want to keep loans on their books, and they don’t want to pay the losses when the loans blow up. The just want to keep printing private money (credit), booking profits on that money (loans), and then dumping the red ink on Uncle Sam. That’s how the whole thing works.

The QM rule was designed to work hand in hand with the Fed’s $40 billion per month purchases of mortgage backed securities. (MBS) This is key to understanding what’s going on.

The Fed, in concert with the Obama administration and the big banks, has replicated the same conditions that existed just prior to the last big bubble. The Central Bank will play the same role as investors in the secondary market (from 2003 to 2007), that is, the Fed will buy up all the garbage MBS the banks can produce. All the banks have to do is to find mortgage applicants who meet the wretched “no down payment, no credit score” requirements of the CFPB, and then “Let ‘er rip.”

All the pieces are now in place for another humongous, economy-crushing housing bubble. This isn’t going to end well.

Friday, May 18, 2012

The True Costs of Bank Crises

by ROB URIE
 
In March 2010 Andrew Haldane, Executive Director for Financial Stability at the Bank of England, estimated that the financial crisis that began in 2008 will ultimately cost the world economy between $60 trillion and $200 trillion in lost production (link). The methods he used to reach his conclusions require a number of assumptions, but so would any effort at assessing the broader damage. And to his point, counting the cost of bank crises in terms of costs to the banks alone substantially misrepresents the economic harm that recurrent crises cause.

When J.P. Morgan announced last week that it had lost $2 billion from derivatives transactions gone awry, later revised to $3 billion and rising, the mainstream press reiterated the framing that this is a cost to be borne by the bank and that it indicates what the rest of us might be expected to contribute if another banking crisis erupts. The implication is that future crises are possible, ignoring that we are collectively still paying for the last crisis. And again, to Mr. Haldane’s point, the costs to Wall Street are nearly irrelevant when considering the total costs of banking crises.

This all proceeds from the premise that the broader economic order, of which the banks are a part, is a viable form of economic organization. Given that the current order is radically environmentally unsustainable, it is tempting to imagine that the lost production that Mr. Haldane is counting as a cost of the financial crisis has a silver lining in slowed environmental degradation. Additionally, any careful look at the business of banking finds degrees of predation inversely related to social power—even when they aren’t blowing themselves up, most of the world would be better off without predator banks.

This establishes a paradox—the existing economic (and political) order isn’t working. But, as political leaders on the right and what passes for the left these days claim, failing to sustain it would entail massive human costs in terms of unemployment, bankruptcy, poverty, divorce, suicide and the dissolution of our public institutions. Ironically, add increasing environmental destruction to this list and it well describes current conditions under the existing order.

Apparently the best that defenders can offer is that things could be a lot worse.

To point to the obvious, even Mr. Haldane’s lower cost estimate of $60 trillion isn’t being borne by the banks. The banks couldn’t pay this if they were forced to—it is more money than they will collectively earn in profits over coming decades. And it isn’t being borne by the large corporations that are earning the highest rate of profits in history. It is in fact a negative, an unmet promise made to the rest of us by the proponents of capitalism over recent decades. Through the prism of social struggle it appears as an absence, not as a more straightforwardly actionable misappropriation. But then, what is the ultimate difference?

Jamie Dimon, J.P. Morgan’s CEO, offered that the bank’s loss reflected a failure of risk models. But the bank’s risk models are necessarily narrowly delineated—what model could propose that transactions that could cost the broader economy $60 trillion if they go wrong balance out in favor of the transactions? Such risk models carry the implicit premise of heads, the banks win; tails, the rest of us lose. Practically speaking, these trades, when they work, are simply a method of converting a rigged game into cash. The assets being traded, reportedly a basket of credit default swaps, are un-funded insurance policies; accounting fictions that when aggregated guarantee bailouts—every bank requires that every other bank meet its obligations or the whole system collapses.

For all of the money that the banks have been allowed to create and pay out to the purported rocket scientists who build their risk models, the particular model under discussion in J.P. Morgan’s case (VAR, value-at-risk) is a work of rare idiocy. The question that it attempts to answer is: how badly can things go for one day, week, month etc. assuming (1) no other banks run into similar problems and (2) everything goes back to normal in the next period. What makes use of this model so questionable is that both of these assumptions are behind every spectacular financial collapse in modern history that didn’t involve outright theft (e.g. Ponzi schemes).

Ultimately the particulars of J.P. Morgan’s losses are so much noise.
What they point to is an economic system designed to self-destruct.
Add increasing environmental degradation in the face of global warming to structural financial fragility and what capitalism appears to have created is a full-blown suicide machine. And to invert Mr. Haldane’s premise—the $60 trillion in lost production (minimum) was never going to go to us anyway. The trajectory since the 1970s had it going to corporate executives, bankers and machines (automation).

The challenge for reformers and re-regulators is that the system is the problem.

Companies pollute because they individually prosper while we collectively pay the costs. Banks take risks that are internally rational while they are systemically catastrophic. Environmental and financial crises cannot be solved with capitalism intact. In fact, when global warming and bank crises are considered, there is little evidence that capitalism ever produced any profits net of externalized costs. And the consolidation of wealth that capitalism produces undermines all attempts at remediation. Capitalism itself is a suicide machine.

What made J.P. Morgan’s loss news is the recognition that the financial crisis hasn’t been resolved. And again, this crisis isn’t from without. It is endemic to the system we are being told we must save. As Mr. Haldane has it, even if the crisis had been resolved, we would still collectively be out more than $60 trillion anyway. And the only way toward those trillions is through increasing environmental catastrophe. By appearances, the current order is in the process of imploding of its own weight. And while dislocations create fear, they also create openings for other possible futures.

Saturday, September 17, 2011

Signs God Is Furious With the Right


Editor's note: the following is satire... for the most part.

Why is it that whenever disaster strikes, right-wing religious nuts seem to have all the fun? Some might say it's just because they're sadists, but they always seem to find the silver lining. 9/11? God's calling on America to repent! (No, not for it's foreign policy, you dummy!) Hurricane Katrina? It was that darned homosexual parade the organizers forgot to tell anyone about!

Whatever disaster strikes, there's always an up-side in religious rightland, always somebody to point the finger at with glee. How come they get all the fun?

So when the East Coast got a one-two punch last month, earthquake-hurricane within a few days of one another, it got me thinking. When another hurricane followed up afterward, it was more than I could bear. And so, I offer you a list of God's Top 10 Targets from a not-so-right-but-possibly-more-righteous point of view.

There are at least three different ways to approach this subject, and we have examples of all three. First is to identify specific target groups for repeated offenses—sinners who just won't mend their ways. Second is to identify geographic targets for specific offenses—sin city or state, as the case may be. Third is to identify specific individuals.

1. Republicans, for bearing false witness.
It's not just one of the Ten Commandments -- the Bible has repeated warnings against slander, false testimony and plain old lying. But Republicans apparently think that God was talking to somebody else—the exact opposite of their usual assumption—especially since Barack Obama arrived on the scene. Obama was born in Kenya, he is a Muslim, he's a socialist, a Marxist, a fascist, he hates white people (like his mom and his grandparents), he hangs out with terrorists. It goes on and on and on.

God has repeatedly told them not to act like this—yet they pay Him no mind. It's not just Obama, either. When it comes to science, things get just as bad, be it evolution, global warming, reproductive health, or gender orientation; when the science isn't on their side, the lying and slander take up the slack. It's not just that the science is against them, you see. Scientists are fraudsters; they are always conspiring against God and his people, according to some of the more whacked out types—like GOP senators, for example. God may have a great deal of patience, but when folks start trying to drag Him into the mix, that's when the earthquakes and hurricanes begin.

2. The Religious Right, for ignoring Jesus on the separation of church and state.
More than 1,600 years before John Locke and 1,700 years before Thomas Jefferson weighed in on the subject, Jesus said, “Render therefore unto Caesar that which is Caesar’s and unto God those things which are God’s.” (What's more, he said that, in part, as a way of opting out of a tax revolt!) But the Religious Right defiantly continues to oppose Him. God's been extremely patient with them over the years, but that patience has finally run out, as the most anti-separationist elements of the Religious Right—known as dominionists—have come increasingly to the fore. Some might say they're embarrassing Him personally. Others will say it's starting to get really dangerous. Whatever the reason, God's had enough.

3. The nativist right and the GOP, for a rash of anti-immigrant laws.
“Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt.” Exodus 22:21 could not be clearer—unless, of course, we switched from the King James Bible to the New International Version: “Do not mistreat an alien or oppress him, for you were aliens in Egypt.”

But for some in the GOP, them's fightin' words. All they can think about is disobeying God. They are positively possessed with the Satanic spirit of disobedience. It began with Arizona's SB-1070 last year. And while a number of states followed Arizona's lead with anti-immigrant laws of their own, the most notorious was Alabama, which faced "a historic outbreak of severe weather" in April.

The same day the law was signed, Alabama’s Episcopal, Methodist and Roman Catholic churches filed a separate lawsuit, claiming the law unconstitutionally interferes with their right of religious freedom. Church leaders said the law “will make it a crime to follow God’s command.” Among other things, the suit said, “The bishops have reason to fear that administering of religious sacraments, which are central to the Christian faith, to known undocumented persons may be criminalized under this law.”  If criminalizing Christian sacraments isn't inviting divine retribution, what is?

4. The predatory lending industry and all who enable them. 
There are numerous Bible passages condemning usury. Typical of these is Exodus 22:25: "If you lend money to one of my people among you who is needy, do not be like a moneylender; charge him no interest." Naturally, the whole of modern capitalism is built on ignoring a broad reading of this. But predatory lending is a particularly egregious form of defiance. It's proved rather costly to our country as well.

A Wall Street Journal article on December 31, 2007 reported that Ameriquest Mortgage and Countrywide Financial, two of the largest U.S. mortgage lenders, spent $20.5 million and $8.7 million respectively in political donations, campaign contributions, and lobbying activities between 2002 and 2006 in order to defeat anti-predatory lending legislation. Such practices contributed significantly to the financial crisis that plunged us into the Great Recession. But it seems that wasn't a clear enough lesson, especially since those who lobbied most intensely benefited most from the bailouts as well, according to an IMF study. So earthquakes and hurricanes are an old school, Old Testament way for God to make his point.

5. The GOP, for its contempt for the poor. 
For more than half a century, the GOP has attacked Democrats and liberals for their concern for the poor. At least since the 1980s, the neo-liberal wing of the Democratic Party has tried to distance themselves from the poor, and reposition the party as defenders of the middle class, instead. The GOP has responded with policies to impoverish the middle class as well, so that they can be safely demonized, too.

But the GOP's venom for all but the wealthy has reached new heights during the Great Recession. Not only should those who caused the crisis be taken care of while all others suffer—far too many national Democratic politicians seem to agree on that one—but a renewed rhetoric of contempt for the poor has emerged, in direct contradiction to what Jesus said, in Luke 6:20: “Blessed are you who are poor, for yours is the kingdom of God."

Increasingly, it seems, Republicans don't think poor people are even human. In January 2010, South Carolina Lt. Governor Andre Baurer (R) compared poor people to stray animals: He told an audience that his grandmother told him "as a small child to quit feeding stray animals. You know why? Because they breed." He compared this to government assistance, which he said is "facilitating the problem if you give an animal or a person ample food supply. They will reproduce, especially ones that don't think too much further than that.

And so what you've got to do is you've got to curtail that type of behavior. They don't know any better." Then, in early August, Nebraska Attorney General Jon Bruning, the frontrunner for the GOP senate nomination, compared poor people to scavenging racoons. Talk like that is what causes earthquakes and hurricanes.

6. Privatized public utilities, for the worship of Mammon. 
Public utilities are natural monopolies, totally unsuited to private enterprise, since there is no competitive marketplace. This, of course, makes them perfect targets for monopoly capitalists—Mammon's greatest worshipers.

Against them, God struck a mighty blow. In Mansfield, Massachusetts, which has had its own municipal power service since 1903, electrical service was restored for most customers within 24 hours after Irene hit, even though 4,000 out of 9,500 households had lost power—quite unlike what happened to nearby communities served by a commercial outfit. According to a local report, the storm “uprooted old trees and knocked down utility lines all over town.”

“Unlike homes and businesses in Easton, Norton and Foxboro, however, local customers did not have to wait for National Grid to respond with crews or listen to a recording on the telephone.... [M]uch of Easton waited three days for power to return and areas of communities such as Foxboro are still in the dark.” According to another report, about Foxborough, “The outrage expressed... is similar to the movie Network in the scene where people flung open their windows and said, 'I'm as mad as hell, and I'm not going to take this anymore.'”

Then there are a couple of geographically specific targets:

7. Virginia. 
Virginia was the site of the earthquake's epicenter and the second state where Irene made landfall, so the state is a target-rich environment.

There's House Majority Leader Eric Cantor. On God's bulls-eye scale, the epicenter near Mineral, Virginia is in Cantor's district—a direct hit. And in budget negotiations this year, Cantor's contempt for the poor came through loud and clear. He's been the most aggressive congressional leader when it comes to budget-cutting and pushing the economy as hard as possible over the cliff. Then, after the earthquake hit, Cantor said any federal relief would have to be offset with spending cuts, and quipped, “Obviously, the problem is that people in Virginia don’t have earthquake insurance.” He reiterated his demand for offsetting cuts when Hurricane Irene hit shortly afterward—even though he voted against such a provision after Tropical Storm Gaston hit the Richmond area in 2004.

Then there's Virginia Attorney General Ken Cuccinelli. No way he escapes God's wrath. Cuccinelli's widely criticized witch-hunt against eminent climate scientist Michael Mann represents the most extreme right-wing attack on the mythical “climate-gate” scandal, which consisted primarily of scientists making snide remarks about ignoramuses like Cuccinelli. He's all wrapped up in sin of bearing false witness. Which is where Hurricane Irene comes in—although it surely doesn't help that Cuccinelli is suing to keep people sick, and has told Virginia's colleges and universities that they can't ban anti-gay discrimination.

And, of course, Virginia Governor Bob McDonnell has tried to have it both ways with God, as well as with the people of Virginia. On the one hand, all the way back in 1989, he wrote a Christian Reconstructionist M.A. thesis, “The Republican Party’s Vision for the Family: The Compelling Issue of the Decade” at the College of Law at Pat Robertson’s Regent University. McDonnell's authorship of the thesis came to light during his 2009 campaign for governor, but because the establishment is in deep denial about Dominionism in general, and Christian Reconstructionism in particular, the full weight of his thesis never really sunk in. On the other hand, McDonnell has tried very assiduously to walk away from that past, given that almost no one wants to admit to such extreme views. He's wobbled back and forth on a number of issues, but generally tried to strike a reasonable demeanor—in sharp contrast to Cuccinelli. But God doesn't like folks who run hot and cold, which is why McDonnell's a target, too.

Finally, just to be a wee bit bipartisan about it, we need to include Virginia's Democratic Senator Mark Warner in our list—though with a bit of twist. On the day of the earthquake, Warner was scheduled to speak at the Library of Congress Packard Campus for Audio Visual Conservation in Culpepper, Virginia. He arrived about 10 minutes after the quake, according to the local Star Exponent, which reported:
    The building had been emptied of its staff and the approximate 75 people who came to hear Warner so the former governor talked from under a tree atop Mount Pony. 
    “I was not going to mention the fact that one of the last times I was in Culpeper there was a tornado,” he said of an appearance years ago at CulpeperFest marked by wild weather. “If you don’t want me to come back, there’s an easier way to do this. If we start seeing frogs, it may be a sign of things to come,” he said. 
So it's not that God is angry with Warner, exactly. He just targets Warner for amusement, to see what he'll say next. And, of course, because he, too, represents Virginia, truly a state of sin.

8. North Carolina. 
Hurricane Irene could have barreled directly into South Carolina, but it delivered a stiff upper-cut to North Carolina instead. And why not? Governor Bev Perdue tried her darnedest to protect the state. She vetoed its draconian budget bill, only to see her veto over-ridden. It too was an attack on the poor -- the bill didn't just fail to balance spending cuts with tax increases, it actually let a temporary one-cent sales tax expire, along with some income taxes on high earners, while cutting $124 million in local education funding on top of $305 million cut in previous years. Perdue also vetoed a highly restrictive abortion law—one that, among other things, has a 24-hour waiting period, and force-feeds anti-abortion propaganda to women seeking an abortion—call it the “Bearing False Witness By Doctors Act.” But that veto was over-ridden as well—by a single vote in the state senate. So, really, God's hand was forced on this one. He had no choice but to strike North Carolina, and strike it hard.

Finally, there are two individual targets to consider:

9. Rick Perry.
While the one-two punch of the Virginia earthquake and Hurricane Irene were far removed from Texas Governor Rick Perry's stomping grounds, God had not forgotten Perry, but was merely preparing to toy with him. Perry, after all, had responded to a terrible drought in Texas not by implementing any long-term policy measures (which might make Texas better able to deal with the prospects of more severe droughts to come as global warming impacts increase), but by calling on Texans to pray.

Back in April, Perry proclaimed the "three-day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.” Since then, however, things have only gotten worse, as Timothy Egan noted in the NY Times “Opinionator” blog, "[A] rainless spring was followed by a rainless summer. July was the hottest month in recorded Texas history....Nearly all of Texas  is now in 'extreme or exceptional' drought, as classified by federal meteorologists, the worst in Texas history. Lakes have disappeared. Creeks are phantoms, the caked bottoms littered with rotting, dead fish.”

Somehow, though, it seemed like most folks outside of Texas had no idea of Perry's failed prayer initiative. That's where God came in, following up Irene with the tantalizing prospect of a Gulf of Mexico storm that would finally bring relief to the Longhorn state. But alas no. First Tropical Storm Jose petered out entirely, then Tropical Storm Lee turned to Louisiana instead. If you pray with Perry, you obviously take the Lord's name in vain. As one frustrated Texan wrote on Reddit, “Perry's prayer has been answered. The answer was 'No'.” God is making things perfectly clear, as Richard Nixon would say: If you want someone praying for America in the White House, Rick Perry is not your guy.

10 God.
Yes, it's true, God Himself was one of the main targets of God's wrath, particularly during the earthquake, which did remarkably little damage to the living. But, as Rob Kerby noted at BeliefNet, churches took some pretty hard hits:
    “Churches seemed to bear the brunt of Tuesday’s 5.8 earthquake on the East Coast.
    “Significant damage was reported to Washington, D.C.’s National Cathedral and St. Peter’s Catholic Church, historic St. Patrick’s Church near Baltimore, and two churches in Culpepper, Va., close to the epicenter — St. Stephen Episcopal Church and Culpepper Christian Assembly.” 
Okay, so maybe God's not self-flagellating. Maybe it's the tenants who are being targeted. But who's to say, really? And if the God's wrath biz is all about appropriating authority to cast blame around, then why not think really big, and proclaim God Himself to be the target? Pat Robertson & company have monopolized this gig for far too long. If the rest of us are to have any hope of catching up, we're got to make ourselves a splash. And what better way to make a splash than proclaiming that God is the target?

Saturday, August 27, 2011

The Government Is Still Paying Banks Not To Lend


One of the most outrageous "open secrets" of U.S. government policy these days is that the Federal Reserve is still paying big banks not to lend money.

And it's doing that while screwing average Americans who have been responsible and lived within their means.

Huh?

Seriously:

The Federal Reserve is quietly continuing with one of the many outrageous bank-bailout programs it initiated during the financial crisis--the one in which it pays big banks interest on their "excess reserves."

What are "excess reserves"?

Money that the banks have but aren't lending out--money that banks are just keeping on deposit at the Fed.

The Fed is paying banks 0.25% interest on this money.

0.25% interest may not sound like much, but it's more than the banks are paying you to keep money in your savings or money-market account. It's also more than you'll earn if you lend the Federal government money for 2 years.

Oh, by the way, why, exactly, are you earning so little interest in your savings accounts and money-market funds?

Well, because, thanks to another one of its bank-bailout programs, the Fed is keeping short-term interest rates at zero.

In other words, the Fed is paying banks not to lend money and screwing you, American citizens, because you're dumb enough to have saved money.

This is just so bass-ackwards it's not to be believed.

Why on earth is the Fed paying banks not to lend? Well, back in the financial crisis, the Fed wanted to find ways to secretly bail out the banks without it being screamingly obvious to every American that that was what it was doing. And this particular bailout program was one of the more successful ways it discovered of doing that. Over the past few years, this program has secretly funneled about $10 billion in risk-free cash (rough estimate) directly to the banks, just for being banks and not lending. Don't you wish you could get in on that game?

How much money are banks keeping in "excess reserves" that they might be encouraged to lend if the Fed weren't paying them not to?



Money for nothing.
Oh, only $1.6 trillion. (See chart)


The Fed pays banks about $4 billion of interest a year on that money--the money the banks aren't lending. And bankers get big bonuses based on that interest, for being so smart as to not lend money and instead just take the free interest from the Fed.

Meanwhile, you earn next to nothing (or nothing) on the money you've saved.

We don't think GOP presidential candidate Rick Perry should have threatened to kill Ben Bernanke the other day, but we can certainly understand his frustration.

God, it's great to be a banker.

Boy, does it suck to be an average responsible American.

Friday, June 17, 2011

When Only "Crazies" See the Bank Giveaway for What It Was

By MICHAEL HUDSON - Counterpunch

Financial crashes were well understood for a hundred years after they became a normal financial phenomenon in the mid-19th century. Much like the buildup of plaque deposits in human veins and arteries, an accumulation of debt gained momentum exponentially until the economy crashed, wiping out bad debts – along with savings on the other side of the balance sheet. Physical property remained intact, although much was transferred from debtors to creditors. But clearing away the debt overhead from the economy’s circulatory system freed it to resume its upswing. 

That was the positive role of crashes: They minimized the cost of debt service, bringing prices and income back in line with actual “real” costs of production. Debt claims were replaced by equity ownership. Housing prices were lower – and more affordable, being brought back in line with their actual rental value. Goods and services no longer had to incorporate the debt charges that the financial upswing had built into the system.
Financial crashes came suddenly. They often were triggered by a crop failure causing farmers to default, or “the autumnal drain” drew down bank liquidity when funds were needed to move the crops. Crashes often also revealed large financial fraud and “excesses.”

This was not really a “cycle.”  It was an ascending curve, ending in a vertical plunge. But popular terminology called it a cycle because the pattern was similar again and again, every eleven years or so. When loans by banks and debt claims by other creditors could not be paid, they were wiped out in a convulsion of bankruptcy. 

Gradually, as the financial system became more “elastic,” each business recovery started from a larger debt overhead relative to output. The United States emerged from World War II relatively debt free. Downturns occurred, crashes wiped out debts and savings, but each recovery since 1945 has taken place with a higher debt overhead. Bank loans and bonds have replaced stocks, as more stocks have been retired in leveraged buyouts (LBOs) and buyback plans (to keep stock prices high and thus give more munificent rewards to managers via the stock options they give themselves) than are being issued to raise new equity capital.

But after the stock market’s dot.com crash of 2000 and the Federal Reserve flooding the U.S. economy with credit after 9/11, 2001, there was so much “free spending money” that many economists believed that the era of scientific money management had arrived and the financial cycle had ended. Growth could occur smoothly – with no over-optimism as to debt, no inability to pay, no proliferation of over-valuation or fraud. This was the era in which Alan Greenspan was applauded as Maestro for ostensibly creating a risk-free environment by removing government regulators from the financial oversight agencies.

What has made the post-2008 crash most remarkable is not merely the delusion that the way to get rich is by debt leverage (unless you are a banker, that is). Most unique is the crash’s aftermath. This time around the bad debts have not been wiped off the books. There have indeed been the usual bankruptcies – but the bad lenders and speculators are being saved from loss by the government intervening to issue Treasury bonds to pay them off out of future tax revenues or new money creation. The Obama Administration’s Wall Street managers have kept the debt overhead in place – toxic mortgage debt, junk bonds, and most seriously, the novel web of collateralized debt obligations (CDO), credit default swaps (almost monopolized by A.I.G.) and kindred financial derivatives of a basically mathematical character that have developed in the 1990s and early 2000s. 

These computerized casino cross-bets among the world’s leading financial institutions are the largest problem. Instead of this network of reciprocal claims being let go, they have been taken onto the government’s own balance sheet. This has occurred not only in the United States but even more disastrously in Ireland, shifting the obligation to pay – on what were basically gambles rather than loans – from the financial institutions that had lost on these bets (or simply held fraudulently inflated loans) onto the government (“taxpayers”). 

The U.S. government took over the mortgage lending guarantors, Fannie Mae and Freddie Mac, (privatizing the profits, “socializing” the losses) for $5.3 trillion – almost as much as the entire national debt. The Treasury lent $700 billion under the Troubled Asset Relief Plan (TARP) to Wall Street’s largest banks and brokerage houses. The latter re-incorporated themselves as “banks” to get Federal Reserve handouts and access to the Fed’s $2 trillion in “cash for trash” swaps crediting Wall Street with Fed deposits for otherwise “illiquid” loans and securities (the euphemism for toxic, fraudulent or otherwise insolvent and unmarketable debt instruments) – at “cost” based on full mark-to-model fictitious valuations. 

Altogether, the post-2008 crash saw some $13 trillion in such obligations transferred onto the government’s balance sheet from high finance, euphemized as “the private sector” as if it were the core economy itself, rather than its calcifying shell. Instead of losing on their bad bets, bad loans, toxic mortgages and outright fraudulent claims, the financial institutions cleaned up, at public expense. They collected enough to create a new century’s power elite to lord it over “taxpayers” in industry, agriculture and commerce who will be charged to pay off this debt.

If there was a silver lining to all this, it has been to demonstrate that if the Treasury and Federal Reserve can create $13 trillion of public obligations – money – electronically on computer keyboards, there really is no Social Security problem at all, no Medicare shortfall, no inability of the American government to rebuild the nation’s infrastructure.

The bailout of Wall Street showed how central banks can create money, as Modern Money Theory (MMT) explains. But rather than explaining how this phenomenon worked, the bailout was rammed through Congress under emergency conditions. Bankers threatened economic Armageddon if the government did not create the credit to save them from taking losses. 

Even more remarkable is the attempt to convince the population that new money and debt creation to bail out Wall Street – and vest a new century of financial billionaires at public subsidy – cannot be mobilized just as readily to save labor and industry in the “real” economy. The Republicans and Obama administration appointees held over from the Bush and Clinton administration have joined to conjure up scare stories that Social Security and Medicare debts cannot be paid, although the government can quickly and with little debate take responsibility for paying trillions of dollars of bipartisan Finance-Care for the rich and their heirs.

The result is a financial schizophrenia extending across the political spectrum from the Tea Party to Tim Geithner at the Treasury and Ben Bernanke at the Fed. It seems bizarre that the most reasonable understanding of why the 2008 bank crisis did not require a vast public subsidy for Wall Street occurred at Monday’s Republican presidential debate on June 13, by none other than Congressional Tea Party leader Michele Bachmann – who had boasted in a Wall Street Journal interview two days earlier, on Saturday, that she:
“voted against the Troubled Asset Relief Program (TARP) ‘both times.’… She complains that no one bothered to ask about the constitutionality of these extraordinary interventions into the financial markets. ‘During a recent hearing I asked Secretary [Timothy] Geithner three times where the constitution authorized the Treasury's actions [just [giving] the Treasury a $700 billion blank check], and his response was, “Well, Congress passed the law.” …With TARP, the government blew through the Constitutional stop sign and decided ‘Whatever it takes, that's what we're going to do.’”
Clarifying her position regarding her willingness to see the banks fail, Bachmann explained:
“I would have. People think when you have a, quote, ‘bank failure,’ that that is the end of the bank. And it isn't necessarily. A normal way that the American free market system has worked is that we have a process of unwinding. It’s called bankruptcy. It doesn't mean, necessarily, that the industry is eclipsed or that it's gone. Often times, the phoenix rises out of the ashes.”
There were easily enough sound loans and assets in the banks to cover deposits insured by the FDIC – but not enough to pay their counterparties in the “casino capitalist” category of their transactions. This super-computerized financial horseracing is what the bailout was about, not bread-and-butter retail and business banking or insurance.

It all seems reminiscent of the 1968 presidential campaign. The economic discussion back then between Democrat Hubert Humphrey and Republican Richard Nixon was so tepid that it prompted journalist Eric Hoffer to ask why only a southern cracker, third-party candidate Alabama Governor George Wallace, was talking about the real issues. We seem to be in a similar state in preparation for the 2012 campaign, with junk economics on both sides.

Meanwhile, the economy is still suffering from the Obama administration’s failure to alleviate the debt overhead by seriously making banks write down junk mortgages to reflect actual market values and the capacity to pay. Foreclosures are still throwing homes onto the market, pushing real estate further into negative equity territory while wealth concentrates at the top of the economic pyramid. No wonder Republicans are able to shed crocodile tears for debtors and attack President Obama for representing Wall Street (as if this is not equally true of the Republicans). He is simply continuing the Bush Administration’s policies, not leading the change he had promised. So he has left the path open for Congresswoman  Bachmann to highlight her opposition to the Bush-McCain-Obama-Paulson-Geithner giveaways.

The missed opportunity
When Lehman Brothers filed for bankruptcy on September 15, 2008, the presidential campaign between Barack Obama and John McCain was peaking toward Election Day on November 4. Voters told pollsters that the economy was their main issue – their debts, soaring housing costs (“wealth creation” to real estate speculators and the banks getting rich off mortgage lending), stagnant wage levels and worsening workplace conditions. And in the wake of Lehman the main issue under popular debate was how much Wall Street’s crash would hurt the “real” economy. If large banks went under, would depositors still be safely insured? What about the course of normal business and employment? 

Credit is seen as necessary; but what of credit derivatives, the financial sector’s arcane “small print”? How intrinsic are financial gambles on collateralized debt obligations (CDOs, “weapons of mass financial destruction” in Warren Buffett’s terminology) – not retail banking or even business banking and insurance, but financial bets on the economy’s zigzagging measures. Without casino capitalism, could industrial capitalism survive? Or had the superstructure become rotten and best left to “free markets” to wipe out in mutually offsetting bankruptcy claims?

Obama ran as the “candidate of change” from the Bush Administration’s war in Iraq and Afghanistan, its deregulatory excesses and giveaways to the pharmaceuticals industry and other monopolies and their Wall Street backers. Today it is clear that his promises for change were no more than campaign rhetoric, not intended to limit a continuation of the policies that most voters hoped to see changed. There even has been continuity of Bush Administration officials committed to promoting financial policies to keep the debts in place, enable banks to “earn their way out of debt” at the expense of consumers and businesses – and some $13 trillion in government bailouts and subsidy. 

History is being written to depict the policy of saving the bankers rather than the economy as having been necessary – as if there were no alternative, that the vast giveaways to Wall Street were simply “pragmatic.” Financial beneficiaries claim that matters would be even worse today without these giveaways. It is as if we not only need the banks, we need to save them (and their stockholders) from losses, enabling them to pay and retain their immensely rich talent at the top with even bigger salaries, bonuses and stock options. It is all junk economics – well-subsidized illogic, quite popular among fundraisers.

From the outset in 2009, the Obama Plan has been to re-inflate the Bubble Economy by providing yet more credit (that is, debt) to bid housing and commercial real estate prices back up to pre-crash levels, not to bring debts down to the economy’s ability to pay. The result is debt deflation for the economy at large and rising unemployment – but enrichment of the wealthiest 1 per cent of the population as economies have become even more financialized.

This smooth continuum from the Bush to the Obama Administration masks the fact that there was a choice, and even a clear disagreement at the time within Congress, if not between the two presidential candidates, who seemed to speak as Siamese Twins as far as their policies to save Wall Street (from losses, not from actually dying) were concerned. Wall Street saw an opportunity to be grabbed, and its spokesmen panicked policy-makers into imagining that there was no alternative. And as President Obama’s chief of staff Emanuel Rahm noted, this crisis is too important an opportunity to let it go to waste. For Washington’s Wall Street constituency, the bold aim was to get the government to save them from having to take a loss on loans gone bad – loans that had made them rich already by collecting fees and interest, and by placing bets as to which way real estate prices, interest rates and exchange rates would move. 

After September 2008 they were to get rich on a bailout – euphemized as “saving the economy,” if one believes that Wall Street is the economy’s core, not its wrapping or supposed facilitator, not to say a vampire squid. The largest and most urgent problem was not the inability of poor homebuyers to cope with the interest-rate jumps called for in the small print of their adjustable rate mortgages. The immediate defaulters were at the top of the economic pyramid. Citibank, AIG and other “too big to fail” institutions were unable to pay the winners on the speculative gambles and guarantees they had been writing – as if the economy had become risk-free, not overburdened with debt beyond its ability to pay. 

Making the government to absorb their losses – instead of recovering the enormous salaries and bonuses their managers had paid themselves for selling these bad bets – required a cover story to make it appear that the economy could not be saved without the Treasury and Federal Reserve underwriting these losing gambles. Like the sheriff in the movie Blazing Saddles threatening to shoot himself if he weren’t freed, the financial sector warned that its losses would destroy the retail banking and insurance systems, not just the upper reaches of computerized derivatives gambling.

How America’s Bailouts Endowed a Financial Elite to rule the 21st Century
The bailout of casino capitalists vested a new ruling class with $13 trillion of public IOUs (including the $5.3 trillion rescue of Fannie Mae and Freddie Mac) added to the national debt. The recipients have paid out much of this gift in salaries and bonuses, and to “make themselves whole” on their bad risks in default to pay off. An alternative would have been to prosecute them and recover what they had paid themselves as commissions for loading the economy with debt. 

Although there were two sides within Congress in September 2008, there was no disagreement between the two presidential candidates. John McCain ran back to Washington on the fateful Friday of their September 26 debate to insist that he was suspending his campaign in order to devote all his efforts to persuading Congress to approve the $700 billion bank bailout – and would not debate Mr. Obama until that was settled. But he capitulated and went to the debate. On September 29 the House of Representatives rejected the giveaway, headed by Republicans in opposition. 

So McCain did not even get brownie points for being able to sway politicians on the side of his Wall Street campaign contributors. Until this time he had campaigned as a “maverick.” But his capitulation to high finance reminded voters of his notorious role in the Keating Five, standing up for bank crooks. His standing in the polls plummeted, and the Senate capitulated to a redrafted TARP bill on October 1. President Bush signed it into law two days later, on October 3, euphemized as the Emergency Economic Stabilization Act.

Forward to today. What does it signify when a right-wing cracker makes a more realistic diagnosis of bad bank lending better than Treasury Secretary Geithner, Fed Chairman Bernanke or other Bush-era financial experts retained by the Obama team? Without the bailout the gambling arm of Wall Street would have shrivelledg, but the “real” economy’s everyday banking and insurance operations could have continued. The bottom 99 percent of the U.S. economy would have recovered with only a speed bump to clean out the congestion at the top, and the government would have ended up in control of the biggest and most reckless banks and AIG – as it did in any case.

The government could have used its equity ownership and control of the banks to write down mortgages to reflect market conditions. It could have left families owning their homes at the same cost they would have had to pay in rent – the economic definition of equilibrium in property prices. The government-owned “too big to fail” banks could have told to refrain from gambling on derivatives, from lending for currency and commodity speculation, and from making takeover loans and other predatory financial practices. Public ownership would have run the banks like savings banks or post office banks rather than gambling schemes fueling the international carry trade (computer-driven interest rate and currency arbitrage) that has no linkage to the production-and-consumption economy.

The government could have used its equity ownership and control of the banks to provide credit and credit card services as the “public option.” Credit is a form of infrastructure, and such public investment is what enabled the United States to undersell foreign economies in the 19th and 20th centuries despite its high wage levels and social spending programs. As Simon Patten, the first economics professor at the nation’s first business school (the Wharton School) explained, public infrastructure investment is a “fourth factor of production.” It takes its return not in the form of profits, but in the degree to which it lowers the economy’s cost of doing business and living. Public investment does not need to generate profits or pay high salaries, bonuses and stock options, or operate via offshore banking centers.

But this is not the agenda that the Bush-Obama administrations a chose. Only Wall Street had a plan in place to unwrap when the crisis opportunity erupted. The plan was predatory, not productive, not lowering the economy’s debt overhead or cost of living and doing business to make it more competitive. So the great opportunity to serve the public interest by taking over banks gone broke was missed. Stockholders were bailed out, counterparties were saved from loss, and managers today are paying themselves bonuses as usual. The “crisis” was turned into an opportunity to panic politicians into helping their Wall Street patrons.

One can only wonder what it means when the only common sense being heard about the separation of bank functions should come from a far-out extremist in the current debate. The social democratic tradition had been erased from the curriculum as it had in political memory.
Tom Fahey: Would you say the bailout program was a success? …
BACHMANN: John, I was in the middle of this debate. I was behind closed doors with Secretary Paulson when he came and made the extraordinary, never-before-made request to Congress: Give us a $700 billion blank check with no strings attached.
And I fought behind closed doors against my own party on TARP. It was a wrong vote then. It’s continued to be a wrong vote since then. Sometimes that’s what you have to do. You have to take principle over your party.” (Presidential Debate, CNN, 6/13)
Proclaiming herself a libertarian, Bachmann opposes raising the federal debt ceiling, Obama’s Medicare reform and other federal initiatives. So her opposition to the Wall Street bailout turns out to lack an understanding of how governments and their central banks can create money with a stroke of the computer pen, so to speak. But at least she was clear that wiping out bank counterparty gambles made by high rollers at the financial race track could have been wiped out (or left to settle among themselves in Wall Street’s version of mafia-style kneecapping) without destroying the banking system’s key economic functions.

The moral
Contrasting  Bachmann’s remarks to the panicky claims by Geithner and Hank Paulson in September 2008 confirm a basic axiom of today’s junk economics: When an economic error becomes so widespread that it is adopted as official government policy, there is always a special interest at work to promote it. 

In the case of bailing out Wall Street – and thereby the wealthiest 1 per cent of Americans – while saying there is no money for Social Security, Medicare or long-term public social spending and infrastructure investment, the beneficiaries are obvious. So are the losers. High finance means low wages, low employment, low industry and a shrinking economy under conditions where policy planning is centralized in hands of Wall Street and its political nominees rather than in more objective administrators.

Wednesday, May 25, 2011

Stop Wall Street's Con Game


 
Wikipedia defines a “confidence trick” as “an attempt to defraud a person or group by gaining their confidence. The victim is known as the mark, the trickster is called a confidence man, con man, confidence trickster, or con artist, and any accomplices are known as shills. Confidence men exploit human characteristics such as greed and dishonesty.”

Ever hear a business reporter on the evening business news say, “Today, investors drive up the price of commodities to create a hundred billion in new value,” or some such? Sounds great, almost implying we should offer thanks to these champions of the public good who are risking their fortunes to expand the pool of wealth to enrich us all. The reporter is manipulating the language to set us up as marks in the Wall Street con.

A more honest report might have said, “Today, hedge fund traders speculating with other people’s money walked away with multimillion dollar commissions for inflating the commodities bubble by a hundred billion dollars.” In a more honest world, the report would clearly distinguish between real investors creating real wealth through real investments and speculators creating phantom wealth with financial games. People who bet on the price of pieces of paper would be called “gamblers.” Those who hold the bets and distribute the winnings would be called “bookies.”

Boil it down to the basics and you see that Wall Street is in the business of operating four sophisticated, large-scale confidence games.
  • Securities fraud: Selling shares in asset bubbles that are maintained solely by the constant inflow of new money is, in effect, a Ponzi scheme.
  • Reverse insurance fraud: Insurance fraud, by common definition, occurs when the insured deceives the insurer. In reverse insurance fraud, the insurer deceives the insured. In Wall Street practice this involves collecting premiums to cover risks the insurer lacks adequate reserves to cover and then refusing to pay legitimate claims.
  • Predatory lending: Using a combination of extortion, fraud, deceptive promises, and usury, predatory lenders lure the desperate into perpetual debt at exorbitant interest rates.
Because of Wall Street’s hold on lawmakers, these may all be perfectly legal, but phantom wealth is still phantom wealth, and these are all forms of theft. In three-card monte the dealer shuffles the cards so fast you can’t follow them, while talking even faster. Complex derivatives are a fast shuffle that makes it virtually impossible to follow the connection to any real value.

What makes the Wall Street con so much better for the dealers than a typical street con is that Wall Street dealers bet on their own game using other people’s money and then manipulate the market outcome in their own favor, rewarding themselves with huge bonuses when they win and taking billions in taxpayer bailouts when they lose.

Real financial reform would render unproductive speculation either illegal or unprofitable. Here are a few suggestions:
  1. Prohibit selling, insuring, or borrowing against an asset not actually owned by the seller, and issuing any security not backed by a real asset—all common Wall Street practices.
  2. Place strict limits on how much a financial institution can borrow in order to buy a property, and establish conservative reserve and capital requirements for institutions in the business of selling insurance of any kind.
  3. Regulate bond-rating agencies and impose strict penalties for fraudulent ratings.
  4. Impose a small financial-speculation tax of a penny on every $4 spent on the purchase and sale of financial instruments such as stocks, bonds, foreign currencies, and derivatives. This would have no consequential impact on real investors making long-term investments in real businesses and assets. But it would discourage short-term speculation and arbitraging.
  5. End the obscure tax loophole that allows hedge fund managers to report their billion-dollar compensation packages as capital gains, taxed at only 15 percent.
  6. Assess a 100 percent capital gains surcharge on profit from the sale of assets held less than an hour, 80 percent if held less than a week, and perhaps falling to 50 percent on assets held more than a week but less than six months. This would render most forms of speculation unprofitable, stabilize financial markets, and lengthen the investment horizon without penalizing real investors.
  7. Eliminate debt slavery by raising the wages of working people and the taxes of the moneylenders.
Opponents will claim that such regulation and taxes will stifle financial innovation. Good. That is the intention. Wall Street’s financial innovations are mostly ever more sophisticated and deceptive forms of theft. They should be discouraged. Keep the casinos in Vegas. The need to rebuild financial institutions that meet our needs for basic financial services will be the subject of next week’s blog.

Monday, May 2, 2011

New CA Bill Would Fine Banks $20,000 for Each Forclosure

Wall Street's predatory lending practices are responsible for the mess we're now in. Why make severe cuts to state budgets even as Wall Street keeps making bank?
By Peter Dreier, AlterNet
Posted on May 2, 2011

The epidemic of foreclosures that began in 2008 has been devastating America’s families, communities and the state economy.

Nowhere is this more true than in California, where one in five U.S. foreclosures has taken place. Since 2008, more than 1.2 million Californians have lost their homes, and the number is expected to exceed 2 million by the end of next year. More than a third of California homeowners with a mortgage already owe more on their mortgages than their homes are worth.

As a result, home values in the state are estimated to plummet by $632 billion. That translates into a loss of more than $3.8 billion in property taxes. One foreclosed home in a neighborhood can reduce property values for the rest of the houses in the neighborhood, and a cluster of foreclosed houses compounds the physical, economic, and social devastation.

And just as local governments are starving for revenues, they are asked to deal with the increased costs - estimated at $17.4 billion over four years - caused by the foreclosure mess. These include public safety, maintenance of abandoned and blighted properties, inspections, trash removal, sheriff evictions, unpaid water and sewer charges, and the provision of emergency shelter.

We can't solve California's fiscal disaster without addressing the foreclosure crisis. It doesn't make sense to make severe cuts to state and local budgets only to allow Wall Street banks and their overpaid CEOs to drain billions more from our states. The banks created the housing crisis with toxic lending practices and they need to be part of this solution.

A bill sponsored by Assemblyman Bob Blumenfield (Democrat, Los Angeles) -- the Foreclosure Mitigation Fee (AB 935), which is currently going through legislative hearings - would require banks to pay their share of foreclosure costs. Backed by a broad coalition of consumer, community and labor groups, the bill would impose a $20,000 fine on banks for each foreclosure.

The $12 billion revenue over next two years would go entirely to local communities in order offset the multiple costs borne by our neighborhoods because of foreclosures and shared between public safety, public education, local governments, redevelopment activities and small businesses.

Los Angeles County alone will face an estimated 381,461 foreclosures through 2012, costing local governments $918 million in lost property taxes and $2.8 billion to pay for the problems. Riverside and San Bernardino counties have been particularly hard hit by the foreclosure earthquake. But no county, city, or small town in California has been spared the devastation.

Indeed, the foreclosure tsunami and the housing market crash are the primary causes of the severe budget crisis facing California's municipalities and counties, forcing local officials to slash services and lay off tens of thousands of employees.

But many Californians are asking, why should taxpayers and communities have to pick up the tab, and face such hard times, for a crisis they didn't cause? They - and the families caught in the maelstrom - are the victims of this human-made disaster.

And let's be frank. Wall Street's reckless and predatory lending practices were responsible for the mess we're now in. Bankers pushed homeowners into high-cost loans they couldn't afford. They engaged in deceptive and often illegal activities, like not informing consumers that they qualified for conventional loans, tricking them into more costly and risky subprime mortgages.

Wall Street banks bundled these risky loans into "mortgage backed securities" that were given the seal-of-approval of ratings agencies (Moody's and Standard & Poor), and then sold them to foreign governments, pension funds and other unwitting investors.

When the scam imploded and Wall Street's bets went sour, the bankers were bailed out by the taxpayers. Goldman Sachs got $53 billion in bailout funds; Bank of America received $230 billion; Wells Fargo pocketed $43 billion. Meanwhile, the top executives got outrageous compensation packages. Last year, for example, Wells Fargo CEO John Stumpf received $17.1 million in salary and bonuses.

But California residents lost billions in savings in their homes, neighborhoods were devastated, businesses crashed and laid off employees, and local governments spiraled downward into fiscal hell.

The largest banks - the Bank of America, JP Morgan Chase, Wells Fargo, and Citigroup - are among the top lenders foreclosing on California families. Not surprisingly, these are among the banks that have been flooding Sacramento with political cash in order to thwart legislation designed to make them - the real culprits of the foreclosure massacre - pay for the suffering they've caused.

Since 2007, the financial industry has spent $70 million to buy political influence in the state Capitol - that's nearly $50,000 per day. Almost $46 million went for campaign contributions to candidates and elected officials, while more than $23 million went for lobbying expenses.

Six banks alone – B of A, JP Morgan Chase, Citigroup, Wells Fargo, Goldman Sachs and Morgan Stanley -- have invested more than $9 million in political cash. Lobbyists and industry associations, like the California Bankers Association, the California Independent Bankers Association, and the California Mortgage Bankers Association, have doled out $4.5 million in what some call our system of legalized bribery.

The key organizations behind this pro-consumer bill include the Alliance of Californians for Community Empowerment, the Service Employees International Union, the California Reinvestment Coalition, the community organizing group PICO California as well as the California Council of Churches, California Association of Retired Americans, California Labor Federation, California Nurses Association, the Center for Responsible Lending, and the State Building and Construction Trades Council. They correctly believe that California's economy can't recover without addressing the cost of the foreclosure crisis.

AB 935 doesn't solve the entire foreclosure calamity. But it does have several very positive aspects. First, it may create an added incentive for banks to modify more loans so that families can remain in their houses. So far, most banks have pushed the pause button when it comes to renegotiating troubled mortgages with owners who could lose their homes through no fault of their own. Second, the revenues collected from the foreclosure fee will reimburse local governments for some (though certainly not all) of the costs our communities are now facing from foreclosures.

Until we make the banks pony up for the devastation they've caused, the taxpayers are left holding the bag, subsidizing the reckless behavior of excessively paid top bank officers, who threw a huge party for themselves and are making the rest of us clean up their mess. That’s not shared sacrifice.

Right now, Californians are bearing the full expense of the foreclosure mess. Shouldn’t the big banks be part of solution to the problem they helped create?

Sunday, March 13, 2011

The Fed's Credit Report

No Light in the Tunnel
By MIKE WHITNEY

On Monday, the Federal Reserve released its Consumer Credit Report which showed that consumer credit increased at an annual rate of 2.5% in January. That might sound like good news, but there's more here than meets the eye. Non-revolving credit increased at a rate of 7% per anum, while revolving credit decreased at an annual rate of 6.5%. So, people are taking out more loans, but using their credit cards less.

What's disturbing about the report is that the two main areas of improvement are auto loans and student loans. Both sectors are built on foundations of sand. After all, the reason that auto sales are booming this year is because the big car dealers are giving away the farm to people with poor credit. As Autonation's President Michael Maroone said last week on the Nightly Business Report:
"The big driver of the recovery in 2010 was the restoration of credit. The change in 2011 is we`re now seeing an improving environment for sub-prime. So last year prime and near prime were more normal and this year we`re starting to see the sub- prime segment come along and that`s very important for our industry." (The Nightly Business Report)
So, we're back to "Square 1", right? GM is offering "72 months zero percent financing" to people with dodgy credit. And then the dodgy loans are being chopped up, glued together, and sold to as bonds to "yield seeking" institutional investors around the world. That's the way the new financial system works, and that's why the system broke down when investors tried to ditch these crappy bonds in the autumn of '08. It triggered a run on the shadow banking system that led to worst financial crisis in 70 years. Now car dealers are back for a double-dip reviving subprime loans to inflate another bubble.

The uptick in auto sales has nothing to do with "organic demand" for autos. That's baloney. It's about getting anyone who can fog a mirror to sign on the dotted line so the contract can be sold to gullible investors looking for higher yield.

Even so, sales did increase on the month, so, technically speaking, there was a boost in credit. The question is whether subprime auto lending is a sign of recovery or not? The answer is "No".

The other area of nonrevolving credit that improved was student loans, which basically represented all of the increase in non-revolving credit aside from auto sales. Think about that for a minute. In other words, the commercial banks, finance companies, credit unions, savings institutions, nonfinancial business and pools of securitized debts all barely squeaked-by or lost ground in January. That's amazing. Virtually every area of non-revolving credit is still flat on its back a full 30 months after Lehman Bros collapsed except for student loans. And the media tries to spin this as good news?

The credit issued via student loans soared from $317 billion to $342 billion from December to January, a $25 billion windfall in just one month. But, as we pointed out in an interview with Professor Alan Nasser, the student loan business is the biggest swindle of all. Bigger than subprime by many orders of magnitude. Here's an excerpt from the interview:

MW--Is it fair to say that the student loan industry is a scam that targets borrowers who will never be able to repay their debts?

Professor Alan Nasser--"It's as fair as fair can be....How many of these students are subprime borrowers? That is, how closely do student loans resemble junk mortgages? The answer hinges on three factors: how these loans are rated, how likely the borrower is to repay, and the default rate on student loans.

Repeat: A default rate of 51%. This is predatory lending writ large.

So, when we talk about student loans, we're not talking about something that strengthens economic recovery. We're talking about a scam that targets vulnerable young people who want to play by the rules so they can make a positive contribution to society. These kids are getting fleeced by shyster banksters and loan sharks whose only interest is lining their own pockets. Most of these students will be in debt until the day they die. (Students are not afforded any of the consumer protections of other borrowers. They cannot shed their debts through bankruptcy.)

So, apart from these dubious "improvements" in non-revolving credit, the Fed's credit report is really pretty grim, much as one would expect when households are still deleveraging from a gigantic financial meltdown that cost them $11.4 trillion in personal wealth and home equity.

So, why does it matter? What difference does it make if people are borrowing or not?

It matters a lot. Economists watch credit expansion very closely to see how the economy is doing. You see, when wages stagnate--as they have for the last 30 years---the only way that working people can increase their spending is by borrowing. And since consumer spending is roughly 70% of GDP, if consumers don't borrow, then the economy doesn't grow.

So, the credit report is really bad news on many levels. First, it shows that the only thing that has kept the economy on life-support has been the government deficits which have made up for the loss in private spending. Second, it shows that consumers are only slightly better off than they were in 2008. (and less inclined to take on more debt) And, finally, it shows that the Fed's QE2 (bond buying program) has had NO measurable effect of consumer spending/credit at all. While it's been a god-send for the equities markets, it's been a total bust for consumers.

Don't believe the "Happy Day's Are Here Again" blabber. Two and a half years into the so-called recovery and the country is still in the throes of a severe multi-year depression. The Fed's Credit Report proves it.

Wednesday, November 17, 2010

Federal Reserve Prepares to Gouge Homeowners, Protect Bankers

The Fed’s New Foreclosure Predator Bailout
by Zach Carter November 16, 2010

Despite escalating outrage over rampant foreclosure fraud, the Federal Reserve now appears ready to eviscerate a key mortgage regulation in an effort to spare banks the losses from their own wrongdoing. Even as bank executives preposterously claim to have wronged nobody in the foreclosure process, they’re pushing hard to unwind the only serious federal rule that protects borrowers from predatory loans and improper foreclosures. As if the last decade of abuse wasn’t bad enough, banks are once again mobilizing to screw borrowers in the pursuit of epic bonuses. And once again, it appears that the Federal Reserve has become an accomplice to this nationwide mortgage scam.

Today, top mortgage officers from the nation’s largest banks are telling the Senate Banking Committee that they aren’t kicking the wrong people out of their homes. This is simply false. Problems at mortgage servicers have been going on for years, long before banks got into trouble for illegally robo-signing foreclosure documents. People are kicked out of their homes without cause in the United States every day. If the top executives at America’s largest banks don’t know this fact, they lack the competence needed to run their organizations.

Law firms that work with troubled borrowers are jam-packed with horror stories about foreclosures caused entirely by banks, not borrowers. Families who never miss a payment come home to an eviction notice, or a thug breaking down their door.

But it’s even more common for borrowers to find themselves in trouble because their bank engaged in blatantly predatory lending. There is only one serious federal remedy for predatory lending, and the Fed is now knowingly trying to gut that remedy in order to help banks avoid losses from their own fraud. The remedy is called rescission, and it works like this:
If a bank failed to make key consumer protection disclosures about a mortgage, the borrower can demand that all of the interest and closing costs on the loan be refunded. Equally important, the bank must also stop all foreclosure proceedings and give up its right to foreclose. Once the bank gives up its right to foreclose, the full amount of the mortgage, minus interest and closing costs, becomes due. This isn’t a free lunch for the borrower, especially when the value of her home has declined dramatically, but it’s better than nothing, and it does impose real costs on banks.
For this process to function at all, it is absolutely critical that the bank be barred from foreclosing before the borrower has to pay off the remainder of the loan. A borrower can easily owe hundreds of thousands of dollars after winning a rescission. Few victims of predatory lending actually have that kind of money on hand.

This is the whole point of rescission, and it’s been on the books since the Truth in Lending Act was passed in 1968. Without it, the consumer protections detailed by that law have no teeth. A bank is barred from engaging in predatory lending, but if it does it anyway, it faces no serious punishment.

Rescission, in other words, is the only federal legal device keeping banks in check on predatory lending (as the last decade proves, it’s nowhere near enough). Predatory lending is really bad. If banks engage in it, they should face dramatic consequences. They don’t get to foreclose and they give up all of the profit they expected to score from the predatory loan. If the borrower doesn’t have all of the money on hand to pay off what’s left, the bank has to deal with this money coming in over time.

The bank lobby and the Fed are now trying to completely gut the substance of this regulation. The Fed has just proposed a new rule that would reverse the order of payments and the right to foreclose under rescission. Under the new rule, a bank that has engaged in predatory lending does not have to give up its right to foreclose until after the borrower has paid off the full remaining balance of the loan.

Under the Fed’s proposal, if you’re the victim of illegal predatory lending, the bank will still get to foreclose on you unless you pony up hundreds of thousands of dollars all at once. And you’ll have to pony up what the bank says you owe, which may be very different from what you actually owe. That eliminates the usefulness of rescission, making the new rule a bailout for predators.

The Fed knows full well that it’s gutting the law here. The Board of Governors and their staff have met with key consumer lawyers no less than three times about this exact rule proposal, and the Fed is going ahead with it anyway.

Here’s what’s really going on. The largest banks don’t have enough capital to weather a bad housing market. And any process that sheds light on the documentation procedures at mortgage servicers will expose the big banks to investor lawsuits. But investors can’t sue without those documents. Rescission judgments create a paper trail for illegal loans. In addition to creating immediate losses for banks, rescission documents that banks sold illegal loans, giving investors who bought mortgage-backed securities ammunition for well-founded lawsuits. Those lawsuits, in turn, could sink some of the biggest names on Wall Street, something the Fed has been trying to prevent at all costs since 2008.

How close to the edge are the banks? Many mortgages that they account for as profitable assets are actually huge losses. The most obvious example of this insanity involves second lien mortgages. There are lots of kinds of second liens loans, but the important thing to remember is that they’re the first asset to be wiped out when housing prices decline. Right now, they’re in big trouble.

The second-lien holdings of Citigroup, Wells Fargo, Bank of America and JPMorgan Chase are about equal to their total capital. If you wipeout second liens alone, these banks are done. Right now the banks are accounting for these second liens as if they were worth nearly 100 percent of their original value—even though these loans only trade at only about one-quarter of that value. If banks take the market’s value of just one class of assets, they’re gone.

This class of assets goes completely under if banks have to own up to the current foreclosure fraud mess. The only real way to fix the documentation fraud problems is a nationwide program reducing the amounts that borrowers owe on their mortgages to current home values. Doing that forces the banks to acknowledge that their second lien mortgages are, in fact, worthless.

So the big banks and their protectors at the Fed are launching a two-pronged strategy. First, they’re trying to prevent investors from obtaining the loan documents that will fuel well-justified lawsuits. Second, they’re trying to give banks even greater control over the foreclosure process, in order to allow banks to continue to game accounting rules. This is a premeditated strategy to save banks from losses created by their own fraudulent, predatory behavior. It has no place on the books of the Fed, particularly after the central bank’s total failure to prevent the mortgage abuses of the past decade.

It’s not too late for the Fed to turn back. It can, in fact, abandon this bailout, and leave consumer protection issues to the new Consumer Financial Protection Bureau, which is designed to handle exactly this sort of issue, for exactly this reason.