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.

Continue ReadingBond raters hiding behind First Amendment

More questions on the reliability of voting machines

Sequoia voting machines has been troubled by allegations of vote irregularities before. (see here, here and here for typical examples). Now Slashdot is reporting that a new analysis of the computer code used by these machines indicates there is probably some truth to the allegations.

The existence of such code appears to violate Federal voting law: "Sequoia blew it on a public records response. ... They appear... to have just vandalized the data as valid databases by stripping the MS-SQL header data off, assuming that would stop us cold. They were wrong. The Linux 'strings' command was able to peel it apart. Nedit was able to digest 800-MB text files. What was revealed was thousands of lines of MS-SQL source code that appears to control or at least influence the logical flow of the election, in violation of a bunch of clauses in the FEC voting system rulebook banning interpreted code, machine modified code and mandating hash checks of voting system code."
Of course, this barely rises to the level of news in the formerly democratic USA.

Continue ReadingMore questions on the reliability of voting machines

William Black’s five fatal flaws of finance

William Black is a white-collar criminologist who has written a compelling account of how the bloated parasitic financial sector is ruining America in his recent post at Huffpo. These are Black's five "fatal flaws" of finance:

1. The financial sector harms the real economy. Even when not in crisis, the financial sector harms the real economy. First, it is vastly too large.

2. The financial sector produces recurrent, intensifying economic crises here and abroad.

3. The financial sector's predation is so extraordinary that it now drives the upper one percent of our nation's income distribution and has driven much of the increase in our grotesque income inequality.

4. The financial sector's predation and its leading role in committing and aiding and abetting accounting control fraud combine to: A) Corrupt financial elites and professionals, and B) Spur a rise in Social Darwinism in an attempt to justify the elites' power and wealth.

5. The CEOs of the largest financial firms are so powerful that they pose a critical risk to the financial sector, the real economy, and our democracy.

The Solution: Fix the real economy, if you can find it. "The real economy came off the rails at least three decades ago for the great majority of Americans." I was highly impressed with William Black after seeing him interviewed by Bill Moyers. And now, after reading this detailed by accessible analysis, I'm even more impressed. We can't begin to fix the economy unless we begin to implement basic principles we can actually understand. Fixing the real economy and making sure that finance is merely the servant of the real economy are clearly steps one and two, for each of the reasons listed by Black.

Continue ReadingWilliam Black’s five fatal flaws of finance

Matt Taibbi on economic death by short-selling

In this month's Rolling Stone, Matt Taibbi once again takes on Wall Street with an article entitled "Wall Street's Naked Swindle." This article is not yet available online. Taibbi's focus this time is naked short selling. Taibbi has proven to be an excellent teacher of abstruse financial concepts, including the concept of short selling, and also including the insidious practice of naked short selling. With this technique (and others) Wall Street has turned the economy into "a giant asset-stripping scheme, one whose purpose is to suck up the last bits of meat from the carcass of the middle class." Taibbi's article is an excellent read, which is not at all surprising given Taibbi's track record. The bottom line is that naked short selling is a "flat-out counterfeiting scheme." How bad is the widespread use of this technique?

That this particular scam played such a prominent role in the demise of [Bear and Lehman] was supremely ironic. After all, the boom that had ballooned both companies to fantastic heights was basically a counterfeit economy, a mountain of paste that Wall Street had built to replace the legitimate business it no longer had. By the middle of the Bush years, the great investment banks like Bear and Lehman no longer made their money financing real businesses and creating jobs.

As Taibbi then reminds us, there is more than one way to counterfeit. Consider credit default swaps:

If you squint hard enough, you can see that the derivative-driven economy of the past decade has always, in a way, been about counterfeiting. At their most basic level, innovations like the ones that triggered the global collapse-credit default swaps and the collateralized debt obligations-were employed for the primary purpose of synthesizing out of thin air those revenue flows that are dying industrial economy was no longer pumping into the financial bloodstream. The basic concept in almost every case with the same: replacing hard assets with complex formulas that, once unwound, would prove to be backed by promises and IOUs instead of real stuff.

In this related piece, Taibbi further discusses "naked short selling":

Again, a lot of this stuff is complicated and not only hard for people outside the finance world to follow, but kind of, well, boring as well. But it’s through these tiny regulatory loopholes, these little nooks and crannies, that the economy gets manipulated. The effect of all of these regulatory gaps has been to transform Wall Street from a means of connecting capital to good business ideas into a giant casino, where the object of the game is shaving little slices off the great flows of money as you push them back and forth using a great big toolbox of manipulative techniques. This is one of the tools.

Continue ReadingMatt Taibbi on economic death by short-selling

How to not-audit a DOD contractor

Listen to the scolding being delivered by Senator Claire McCaskill of Missouri with regard to what appears to be a fraud committed by a major Department of Defense contractor and subsequent incompetence by the GAO. How many other millions and billions of tax dollars are being wasted by the pentagon and its contractors? Where are the tea-parties protesting pentagon fraud?

Continue ReadingHow to not-audit a DOD contractor