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

My recurring nightmare

What I am posting here is a gnawing, recurring and growing concern that sometimes seems like a nightmare to me. It embarrasses me that this thought keeps recurring because it makes me look like one of those crazy conspiracy theorists. What brought this “nightmare” to a head was watching Bill Moyers’ interview with U.S. Rep. Marcy Kaptur. Here’s an excerpt:

MARCY KAPTUR: Let me give you a reality from ground zero in Toledo, Ohio. Our foreclosures have gone up 94 percent. A few months ago, I met with our realtors. And I said, 'What should I know?' They said, 'Well, first of all, you should know the worst companies that are doing this to us.' I said, 'Well, give me the top one.' They said, 'J.P. Morgan Chase.' I went back to Washington that night. And one of my colleagues said, 'You want to come to dinner?' I said, 'Well, what is it?' He said, 'Well, it's a meeting with Jamie Dimon, the head of J.P. Morgan Chase.' I said, 'Wow, yes. I really do.' So, I go to this meeting in a fancy hotel, fancy dinner, and everyone is complimenting him. I mean, it was just like a love fest.

They finally got to me, and my point to ask a question. I said, 'Well, I don't want to speak out of turn here, Mr. Dimon.' I said, 'But your company is the largest forecloser in my district. And our Realtors just said to me this morning that your people don't return phone calls.' I said, 'We can't do work outs.' And he looked at me, he said, 'Do you know that I talk to your Governor all the time?' He said, 'Our company employs 10,000 people in Ohio.' And I'm thinking, 'What is that? A threat?' And he said, 'I speak to the Mayor of Columbus.'

As I watched this, I was thinking how amazing it was that a bank president would dare to treat a U.S. representative as though she meant nothing to him, even though she is a sitting member of Congress and a member of the political party that controls both Houses and the Presidency. How is it that all the big financial players such as Chase, AIG, Goldman Sachs, always get exactly what they want out of Congress? How can Congress allow these entities to continue to grow (since the meltdown), even though it is clear that the reason Congress felt that they needed to be propped up with tax money is that they were considered “too big to fail?” Name even one other industry that can snap its fingers and watch meaningful Congressional regulation completely dissolve. Name another industry that can demand hundreds of billions of no-questions-asked tax dollars from Congress. Consider the vast power and potential abuses of the Federal Reserve, which works arrogantly and opaquely. Consider Matt Tabbi’s recent articles regarding these financial giants and Congressional Corruption (and see here). We’re not even finished paying off the damage from the S&L scandal from the 80’s, and now, in the past year, we’ve taken on a new debt that dwarfs that S&L debt. And consider that when someone like federal Judge Rakoff has the integrity to stand up to speak truth to power, he seems to be a lone voice calling from a distant hilltop, not part of any sort of chorus. Consider, too, the monumental struggle faced by Elizabeth Warren, Chair of the Congressional Oversight Panel , who is facing immense opposition in Congress to establishing a strong Consumer Financial Protection Agency (CFPA) to make sure that consumers stop getting ripped off by banks through the use of unintelligible contract language (how can this possibly be controversial?). Pardon my French, but what-the-fuck? Using Occam’s Razor (the principle that the simplest explanation is usually the best), how does one explain that huge numbers of our representatives have completely tanked on The People.

Continue ReadingMy recurring nightmare

The bankers continue their stranglehold over Washington.

Bill Moyers interviewed economist Simon Johnson and U.S. Representative Marcie Kaptur of Ohio about the Wall Street/Washington connection and the picture isn't pretty. In fact, it's terrifying. I highly recommend that you make yourself watch this 30-minute segment. It's a massive problem with no hint of a solution. Here's an excerpt:

BILL MOYERS: Why have we not had the reform that we all knew was being was needed and being demanded a year ago?

SIMON JOHNSON: I think the opportunity the short term opportunity was missed. There was an opportunity that the Obama Administration had. President Obama campaigned on a message of change. I voted for him. I supported him. And I believed in this message. And I thought that the time for change, for the financial sector, was absolutely upon us. This was abundantly apparent by the inauguration in January of this year. . . . And Rahm Emanuel, the President's Chief of Staff has a saying. He's widely known for saying, 'Never let a good crisis go to waste'. Well, the crisis is over, Bill. The crisis in the financial sector, not for people who own homes, but the crisis for the big banks is substantially over. And it was completely wasted. The Administration refused to break the power of the big banks, when they had the opportunity, earlier this year. And the regulatory reforms they are now pursuing will turn out to be, in my opinion, and I do follow this day to day, you know. These reforms will turn out to be essentially meaningless.

MARCY KAPTUR: When Lincoln ran into trouble, during the Civil War, he got new generals. He brought in Grant. I hope that President Obama will bring in some new generals on the financial front.

BILL MOYERS: Should Geithner be fired? And Summers be fired?

MARCY KAPTUR: I don't think that any individuals who had their hands on creating this mess should be in charge of cleaning it up. I honestly don't think they're capable of it.

BILL MOYERS: Let me show you an excerpt from the speech President Obama made on Wall Street last month, September. Here is the challenge he laid down to the bankers.

PRESIDENT OBAMA: We will not go back to the days of reckless behavior and unchecked excess at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses. Those on Wall Street cannot resume taking risks without regard for consequences, and expect that next time, American taxpayers will be there to break their fall.

BILL MOYERS: A reality check. Not one CEO of a Wall Street bank was there to hear the President. What do you make of that?

SIMON JOHNSON: Arrogance. Because they have no fear for the government anymore. They have no respect for the President, which I find absolutely extraordinary and shocking. All right? And I think they have no not an ounce of gratitude to the American people, who saved them, their jobs, and the way they run the world.

Continue ReadingThe bankers continue their stranglehold over Washington.

Regulation as a prerequisite to meaningful cooperation

While I was reading up on free market fundamentalism, and I happened across an intriguing article by biologist David Sloan Wilson. As I started reading this article, I was wondering this: Even assuming that a “free market” works wonders in small societies, can societies be scaled up in size guided only by the free market, without formal regulations? D.S. Wilson argues that this is the wrong question. All societies are regulated. The only question is how they are regulated. D.S. Wilson notes that humans are incredibly cooperative, especially in “small face-to-face groups.” In fact, we regulate each other’s conduct so easily in small groups that “we don't even notice it.” This gives us the illusion that there is no regulation keeping things in check. All well-functioning groups, large and small, human and non-human, are highly regulated, however. Small groups often seem to work well without formal regulation, but free market fundamentalists (and others) confuse this lack of formal regulation for the total lack of regulation.

This self-organizing ability to function as cooperative groups is "so perfectly natural" because it evolved by a long process of natural selection, in humans no less than bees. By the same token, functioning as large cooperative groups is not natural. Large human groups scarcely existed until the advent of agriculture a mere 10 thousand years ago. This means that new cultural constructions are required that interface with our genetically evolved psychology for human society to function adaptively at a large scale.

Wilson’s approach makes intuitive sense. Throughout the Pleistocene (from about 2 MYA until 10,000 years ago), people lived in small groups. They lacked written language and written laws. They used unwritten techniques (presumably customs, habits, ostracism and various other informal methods of social control and punishment) to coordinate community efforts and punish cheaters. These informal methods worked well enough and long enough that we can now sit here and ponder how well they worked. But just because those ancient forms of regulations weren’t written down doesn’t mean they didn’t exist. And it doesn't mean that ancient societies weren't tightly regulated. Just as human households are highly regulated without formal rules, so are small societies. So are non-human societies:

These social preferences go beyond our own species. Cooperation and cheating are behavioral options for all social species, even bacteria, and cooperation survives only to the extent that it is protected against cheating. The eternal conflict between cooperation and cheating even takes place within our own bodies, in the form of genes and cell lineages that manage to game the system at the expense of the organism upon which they depend. We call them diseases, but they are really the failure of a vast system of regulations that enable us to function as organisms as well as we do . . .

What about the eusocial insects, such as ants, wasps and bees? Wilson would argue that a well-functioning hive doesn’t simply happen, and it certainly isn’t driven by something as simplistic as the “self-interest” of individual bees:

[B]ee behavior cannot be reduced to a single principle of self-interest, any more than human behavior. There are solid citizens and cheaters even among the bees, and the cheaters are held at bay only by a regulatory system called "policing" by the biologists who study them.

According to D.S. Wilson, you’ll find regulation (informal or formal) everywhere you find a well-functioning society of living organisms. Further, a human society based merely on individual selfishness can’t self-regulate because we can no longer depend on selfishness to be well-tuned or consistent thanks to Daniel Kahneman’s brilliant destruction of rational choice theory. Regulation runs a continuum from informal to formal. It is not like regulation itself just showed up for the first time in modern human societies. D.S. Wilson argues that in all large-scale societies, “regulation is required or cooperation will disappear, like water draining from a bathtub.” Without some form of regulation, all societies become rudderless and unproductive. Therefore, there must always be some form of regulation. The question to decide is “What kind of regulation?”

Let there be no more talk of unfettered competition as a moral virtue. Cooperative social life requires regulation. Regulation comes naturally for small human groups but must be engineered for large human groups. Some forms of regulation will work well and others will work poorly. We can argue at length about smart vs. dumb regulation but the concept of no regulation should be forever laid to rest . . . We also need to change the metaphors that guide behavior in everyday life to avoid the disastrous consequences of our current metaphor-guided behaviors. That is why the metaphor of the invisible hand should be declared dead.

I would agree that the “invisible hand” is shorthand for the informal regulations that have been since prehistoric times to facilitate social coordination of small primitive societies. Rather than declaring the “invisible hand” to be dead, though, it might be more accurate to suggest that the “invisible hand” lives on in modern societies, quietly and substantially supplementing our formal regulations. Seen in this way, the “invisible hand,” used in the complete absence of consciously planned social regulations and laws, is not a method for creating or maintaining a complex functioning modern society. Rather, it is the path back to the Pleistocene.

Continue ReadingRegulation as a prerequisite to meaningful cooperation

I’m behaving like someone who isn’t getting an answer to his question

This is a wild ride, but a lot was put onto the table. Even Dylan Ratigan's phrase "corporate communism. Look what happens when you put Dylan Ratigan, Betsy McCaughey and Anthony Weiner into the same room:

Continue ReadingI’m behaving like someone who isn’t getting an answer to his question