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Category: Economy

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We’re another step closer to auditing the Federal Reserve

This has been a long time coming. The Federal Reserve has never been audited. Ever. The House has now moved us a step closer to shedding real light on all of the secret deals:

The measure, cosponsored by Reps. Ron Paul (R-Texas) and Alan Grayson (D-Fla.), authorizes the Government Accountability Office to conduct a wide-ranging audit of the Fed’s opaque deals with foreign central banks and major U.S. financial institutions. The Fed has never had a real audit in its history and little is known of what it does with the trillions of dollars at its disposal.

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When do the prosecutions begin?

In the St. Louis alternative newspaper, The Riverfront Times, James Lieber sizes up the prosecutions now underway for the economic collapse. Oh, wait. There aren’t any prosecutions:

As it stands now, there is only one federal prosecution related to the credit crash and bailout cycle, and it was begun by the Bush administration’s Justice Department in June 2008.

Not that there aren’t culprits. Bernie Madoff and other accused Ponzi schemers like Allen Stanford are mere pickpockets compared with Wall Street’s institutional buccaneers, who so far have carted off up to $12.7 trillion — that’s nearly equal to the entire gross domestic product. They’ve multiplied their booty with billions in subsidies and a flood of derivatives — some of them merely old soured wine in new bottles. Today’s pirates are sailing away from the light regulatory scrutiny that apparently will continue in our benighted, weakened, financially top-heavy and bubble-addicted economy. [Former regulator William] Black says Obama’s current efforts are doomed to fail — and, in a twist, it’s for lack of trying. “There is not a single successful regulator giving him advice,” Black notes.

I’ve posted about William Black previously. Lieber describes him as follows: “a Ph.D. criminologist and lead lawyer at the Office of Thrift Supervision, who helped steer the brilliant federal effort that cleaned up the S&L industry and won more than 1,000 felony convictions of senior insiders while recovering millions of their ill-gotten dollars.” Black is someone to whom Obama should be listening. He states that there are two reasons why there aren’t vigorous ongoing prosecutions resulting from this collapse

1) “It’s difficult to prosecute others for securities fraud if you condoned the deals to begin with,” and

2) Obama administration lacks the will. Obama was the candidate most preferred by Wall Street and he has surrounded himself with lackeys for big finance, including not only Lawrence Summers and Tim Geithner, but also Attorney General Eric Holder, who has made it clear that white collar crime is something which he’d rather not prosecute.

Keep in mind that “Wall Street’s institutional buccaneers [have] so far have carted off up to $12.7 trillion, and that in 2008, In 2008 American households lost 18 percent of their wealth. Why aren’t there more prosecutions? There’s no good reason. This is an excellent in-depth article. The title: “No Justice: We’ve bailed out the banks. When do we go after the crooks behind our financial collapse?”

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Buffett’s bet on peak oil

Buffett’s bet on peak oil

Warren Buffett is lauded as one of the greatest investors of all time, if not the greatest. He’s the second-richest person in the world, and known as the “Oracle of Omaha” for his seemingly prescient investments. For example, in the wake of the collapse of Bear Stearns and during the height of the market panic that followed it, Buffett stepped in and negotiated a deal with Goldman Sachs. He acquired $5 billion worth of preferred shares, which would pay him a 10% dividend, as well as warrants with the rights to sell those shares at any time within 5 years from the time of the transaction. As of September this year, those warrants were “in the money” to the tune of $3.1 billion, and that doesn’t include the $500 million in premium payments that Goldman pays every year. Those lucrative terms (punitive for Goldman Sachs) left others wondering why the Treasury Department could only negotiate a 5% dividend, but that only added to the mystique and legend of Warren Buffett. At the time, Buffett was quoted as saying “If I didn’t think the government was going to act, I would not be doing anything this week,” referring to the massive bailout bill which was indeed enacted by the government.

It’s deals like that that enable one to become one of the richest people in the world. But it’s also that background that has some on Wall Street scratching their heads at the news that he was purchasing Burlington Northern railroad. The Wall Street Journal discussed how the acquisition seemingly broke two of Buffett’s cardinal rules on investments: 1) buy undervalued stocks or companies, for obvious reasons and 2) don’t split your own stocks, as it dilutes the equity of the existing shareholders. Bloomberg quoted a hedge fund principal as saying, “It could be five years before the logic of [Buffett's purchase of] Burlington Northern becomes clear.” Even Buffett admits that the purchase was “not cheap” and that it represents an “all-in wager”on the future of the American economy. And there can be no doubt that it is a significant investment– he’s liquidating other rail investments totaling $691.3 million while the Burlington Northern purchase will cost some $26 billion– an increase in his railroad holdings of some 3,600%. And this bears repeating, he’s splitting stock to get it done. This is the first time ever that Berkshire Hathaway (Buffett’s investment company) has split shares. He’s so reluctant to split shares, the class A shares regularly trade over $100,000 per share, an unheard-of valuation.

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Jeffrey Sachs: Democrats and Republicans both offer only snake oil for the economy

Jeffrey Sachs: Democrats and Republicans both offer only snake oil for the economy

Jeffrey Sachs, the Director of The Earth Institute at Columbia University, has sharply criticized both the Democrat and Republican approaches to dealing with our failing economy.

For instance, Sachs complains that President Obama is seeking to kick up consumer spending through “near-zero interest rates, massive Fed financing of mortgages and various consumption incentives, such as rebates for new home-buyers and cash for clunkers.” According to Sachs, though this will simply get us into a new bubble, as the US consumer is encouraged to over-borrow. This is a terrible strategy “with budget deficits of about 10 per cent of gross domestic product.”

How about those Republicans? Their “solution” is equally terrible:

For every problem there is a single Republican answer: tax cuts. Simple arithmetic reveals the stunning shortsightedness of this proposition. The federal government collects about 17 per cent of GDP in tax revenues. That roughly equals the outlays on social security, Medicare, Medicaid, veterans’ benefits, defence and interest payments on debt.

All the rest – roads, rail, clean energy, science and technology, diplomacy, international disease control, space, education, job training, water, transport, courts, poverty relief, homeland security, conservation, climate adaptation – is financed on borrowed money. All of these critical areas are underfunded, which hinders productivity, national security and private investment.

What a good idea that is being largely ignored? Sachs likes the idea of jump-starting the green economy:

One where the jobs would come through a massive expansion of low-carbon energy. We were told about plug-in hybrids, intercity fast rail and new water and sewerage plants to replace the crumbling infrastructure. We were told about a new infrastructure bank to fashion complex multi-state projects that would employ huge numbers of workers while building a cutting-edge economy.

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Run from actively managed securities funds

Dan Solin at Huffpo has repeatedly pointed out the folly of paying an investment “expert” to manage a securities fund. His advice goes against the grain; innumerable books, magazines and websites pretend that if you want to grow your investments, you need to pay someone to actively manage them. As Dan Points out in this post, the great majority of fund managers hyperactively stir your investments (which costs you money for all these transactions) and the fund typically does less well than passively managed index funds that cost a fraction of the cost of actively managed funds to maintain. Vanguard, for example, is a prominent company offering many passively managed funds that cost less than 1/10 as much to maintain as actively managed funds.

After pointing out new statistics showing the follow of active management, Dan offers this hypothetical conversation that you should have with the next investment professional who offers to help your funds “grow,” for a fee, by wheeling and dealing securities for you:

Broker: I recommend this [hyperactively managed] stock [or bond] fund.

You: You get a commission if I follow your recommendation, right?

Broker: Of course.

You: Based on data from both Morningstar and S&P, your recommended fund is likely to underperform a low cost index fund of comparable risk, right?

Broker: Yes.

You: Is this a farce or a con?

Then hang up.

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SNL hammers Goldman Sachs

SNL hammers Goldman Sachs in a segment called “Really?”

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Dylan Ratigan asks why Tim Geithner still has a job

In a succinct and powerful video, Dylan Ratigan wonders why Tim Geithner still is our Treasury Secretary. Senator Maria Cantwell, who makes an appearance on this video, wonders this too, calling Geithner’s job performance “appalling.” I agree. It’s time for Obama to start fresh while we are not in crisis mode. He can do this without starting a panic by saying something like, “We thank Mr. Geithner for his service getting us through this crisis.” But then, by all means, throw the bum out and let’s pick an honest outsider (not another Goldman Sachs alum) to lead the way. Am I being harsh when I say “bum”? Nope . . . I’m being restrained. Geithner should be taking the time to use the mass media to teach common people what went wrong, how we can avoid it happening again, and explaining exactly where our public tax dollars have gone. Because he refuses to do any of this, and he refuses to be an powerful advocate for taxpayers, he should step aside. It is clear that he doesn’t understand who he is supposed to represent.

If I were to speak more bluntly, I would say that Tim Geithner is committing a fraud on the U.S. public. Here are the words of Robert Johnson, former economist at the Senate Banking Committee and the Senate Budget Committee

[Geithner] speaks as though they’re doing very comprehensive reform. Unfortunately, in the United States, one of the reasons we had the bubble and the crisis was because we have a broken political system, where campaign money, lobbying influence of the financial sector is enormous, and it created bad regulations, bad laws. I’m going back into the Reagan period, Bush the senior, particularly the Clinton era. We’ve made a mess, and now we come back from a crisis where the population knows darn well what a mess we’ve made. But the problem is, at this point, the people in power, the moneyed interests are still in power. And a large portion of these reforms are either cosmetic or designed by the industry and quite ineffective. . .

Ground Zero, the San Andreas Fault of our financial system, where it blew up last time, was in the intersection between “too big to fail” firms and over-the-counter derivatives and that these derivatives need to be put on exchanges, because they’re too complex, and when they’re combined with the “too big to fail” firms, which have a 95 percent market share in OTC derivatives, five banks, that it can create a situation, like we were talking about moments ago, where Citibank could not be restructured. The spider web of positions in derivatives is so complex and so entangled that it deters policy officials from being able to put them through restructuring, because they’re afraid of what kind of spin-offs and consequences will happen. I spoke about the credit default swap market and the illusion of safety that those credit default swap contracts created when they’re unregulated, because everybody thought AIG was going to be able to pay the bill, but they weren’t, and then the taxpayer got to provide that capital.

It’s also time for Cantwell and her Senate colleagues to quit blaming Treasury for failing to lead the way. Congress has the power to make laws; it should should pass the necessary laws to close the “loopholes” she finds so appalling.

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Bond raters hiding behind First Amendment

This is insanity: The bond raters, those three big Wall Street companies that rated crappy mortgages to be great investments, thereby plunging the country into economic chaos, are hiding behind the First Amendment. They are claiming that they can’t be sued for the financial equivalent of calling a mouse an elephant, because their work product is just an “opinion.” We charge millions of dollars for giving you a rating, and you can’t hold us accountable because it’s an “opinion.”

I’ll tell you this: I work as a lawyer. If a screw up someone’s case because I give him bad advice (in return for charging her a fee), she could (rightfully) sue me for malpractice. If I raised the defense that I can’t be sued for terrible advice because it was merely “an opinion,” I’d be laughed out of court with an adverse judgment tattooed onto my forehead. That the courts aren’t letting these ratings firms get hammered makes you wonder whether the unspoken defense is “too big to fail.” If they didn’t have this ridiculous “First Amendment” defense, the smug and irresponsible raters would be ripped apart by millions of justifiably irate plaintiffs.

And, of course, Congress is in no hurry to beat back the ratings firms’ lobbyists and hold these jokers accountable for all of the 401K’s they’ve trashed.

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What’s up with economic reform? Not enough.

At Alternet, you can read Art Levine’s detailed account of legal corruption of the economic “reform.” It’s not pretty, and the good guys are losing many of the important battles. Here’s a passage, but go read the whole thing–it’s well written and critically important:

So, the sleek, blond J.P Morgan lobbyist in a smart gray suit set off by a brightly colored scarf was able to saunter in shortly before the doors opened for the hearing to see just how many more loopholes could be added. (She declined to identify herself.)

Like the evicted family in Michael Moore’s new film being hired by the bank to clean out their own home, the banking-industry lobbyists in Washington have at long last created the ultimate trickle-down effect from the bailouts: hiring the jobless ( for $11 to $35 an hour) to hold their places in line to make sure there’s no effective federal crackdown preventing more job-destroying speculation in credit default swaps and other derivatives.

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The unspoken reality of “Peak Oil”

The unspoken reality of “Peak Oil”

THE world will have to find four Saudi Arabias by 2030 if it wants to maintain its oil dependency, the International Energy Agency says.

The reality of peak oil is fast approaching, and more must be done to develop and encourage the use of alternatives including solar and nuclear, the agency’s chief economist has warned.

“My main motto never changes, the era of low oil prices is over,” Dr Fatih Birol said.

That’s the verdict reported today in The Australian. I thought I’d check to see what other sources had to say about Birol’s assertion, but I cannot find a single U.S.- based source reporting it, other than blogs that are dedicated to peak-oil issues. This is rapidly becoming a crisis, and almost nobody is discussing it in America. Not just here, of course– study groups in Britain have been trying to get their government to begin planning for the reality of peak oil for years, and now they are saying it’s simply too late. (see this also).

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Elizabeth Warren: Nothing much has changed

Elizabeth Warren has lots of bad news, the “stabilized” economy and the huge Wall Street bonuses notwithstanding. Warren is the Chair of the Congressional TARP Oversight Panel.

Good for her, hammering on Henry Paulson’s enormous bait and switch. Most of that TARP money was supposed to be used for loans for small businesses, not more gambling and bonuses, which is where it appears to have gone. Yet, according to Warren, there will “never” be a meaningful accounting of that money.

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California court declines to publish anti-camera decision

California court declines to publish anti-camera decision

Many of us have been caught by those increasingly ubiquitous red-light cameras. Police departments and local governments argue that these sorts of cameras improve safety and increase revenue. Studies are increasingly putting the lie to the safety claim, but nobody’s disputing that these traffic enforcement mechanisms bring in revenue.

The Wall Street Journal reported in March that

… a study in last month’s Journal of Law and Economics concluded that, as many motorists have long suspected, “governments use traffic tickets as a means of generating revenue.” The authors, Thomas Garrett of the St. Louis Fed and Gary Wagner of the University of Arkansas at Little Rock, studied 14 years of traffic-ticket data from 96 counties in North Carolina. They found that when local-government revenue declines, police issue more tickets in the following year. Officials at the North Carolina Association of Chiefs of Police didn’t respond to requests for comment.

California state law prohibits compensation to operators of these red-light cameras based on the number of tickets issued. Localities have been side-stepping this law through “cost-neutrality” provisions, which allow the cities to pay the operators up to a certain monthly amount. After that cap is reached, the city keeps all the revenue beyond that point. The intent of the law is to remove an incentive to ticket as a means of increasing revenue to the private operators. There is now a second appellate court ruling that has struck down the red-light programs as illegal under the state law.

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Time to shine more light on the Federal Reserve

Ben Bernanke wants the Senate Banking Committee to reconfirm him as Chairman of the Federal Reserve. U.S. Representative Alan Grayson wants to see more information about the inner workings of the Fed before Bernanke is reconfirmed, “given how little is known about what he has actually done.”

In a mass-emailing, Grayson points out that “Ben Bernanke didn’t see the crisis coming and has added $1.2 trillion to the Fed’s balance sheet through covert bailouts.” He points out that there can’t be a full debate over Bernanke’s “record if nothing is public.” That’s why Grayson is asking for the release of the following information:

  • Information that Bloomberg reporter Mark Pittman has requested via a Freedom of Information Act Request on the Bear Stearns rescue and that the Federal Reserve is contesting in the courts.
  • Information I requested in February on which institutions received the additional $1.2 trillion, how much each institution received, and what was promised in return.
  • All Federal Reserve documents that went to Attorney General Andrew Cuomo’s office relating to the Bank of America/Merrill Lynch merger in which potentially illegal and coercive activity might have occurred, as well as all Federal Reserve documents relating to the lawsuit pursued by Merrill Lynch shareholders in the U.S. District court for the Southern District of New York.
  • Transcripts of all Federal Open Market Committee meeting minutes up to and including that of September 2009.
  • Full disclosure of all terms and conditions of all off-balance sheet Fed transactions in the past three years.

If this controversy were about ACORN, or any other person or organization without great power, Congress would have turned the organization inside out with subpoenas, and we would have had a real discussion. I agree with Grayson that it’s time to shine much more light on the Fed, especially in light of these statistics recently reported by Think Progress.