For consumers, it’s not the free market. It’s the Wild West.

Bob Sullivan is quickly becoming one of my heroes, based upon my reading of his new book: Stop Getting Ripped off: Why Consumers Get Screwed and How You Can Always Get a Fair Deal (2009). Bob also offers a blog called the Red Tape Chronicles, where he reports on numerous consumer issues. It's well worth your while. I recently mentioned Bob's book on a post focused on America's profound case of Innumeracy. I'm a bit deeper into the book now, and I am highly impressed with Sullivan's ability to write clearly and persuasively with regard to consumer issues. I am also impressed with his ability to give an evenhanded account of many consumer issues. He doesn't deny that consumer greed has played a role in modern-day screwing of American consumers. On the other hand, consumer greed is only part of the story. The other big part of the story is that our federal agencies that we have had set up to serve as watchdogs for Americans, are doing a pathetic job. Consider the case of Bernie Madoff. The securities and exchange commission (SEC) was presented with overwhelming evidence that Madoff was running a Ponzi scheme way back in 1999. They did nothing about it. Sullivan as "if the SEC isn't hunting down folks such as Madoff, do you really think it's protecting you?"

Continue ReadingFor consumers, it’s not the free market. It’s the Wild West.

Report thousands of crimes? Go to prison. Commit thousands of crimes? No problem.

Check out this incredible display of hypocrisy vividly demonstrating the raw power of money. It's a story about Bradley Birkenfeld published at DemocracyNow by Amy Goodman. Birkenfeld was a banker for the Swiss giant UBS. In 2007, he "blew the whistle on the biggest tax evasion scheme in US history." He is preparing to head to prison tomorrow to begin serving a forty-month federal sentence. The written record is clear that Birkenfeld provided inside information to the U.S. Senate, to the IRS and the Justice Department demonstrating that more than 19,000 Americans have been hiding vast amounts of financial assets in secret UBS Swiss accounts. None of these tax cheats--they have all cheated the U.S. government out of substantial tax revenue--is spending any time in jail. Who are these tax cheats who hid more than $20 billion from the U.S. government in secret Swiss accounts? Their names have not been disclosed according to Stephen Kohn, Birkenfeld's attorney:

[T]hey’re all very rich people, very powerful people. They could be judges. They could be senators. They’re all rich. They’re all probably very powerful in their local communities. How guilty were they? . . . Every year they checked a box that was a lie on their tax form that permitted them to hide millions and millions in assets. Each time they checked that box, they committed a felony. So if they were doing it for fifteen, twenty years, these are large felonies.
But wasn't there a possibility that these wealthy American tax cheats could have gotten caught without Birkenfeld's efforts? After all, weren't these rich tax cheats receiving bank statements from an big overseas bank? Nope. That "problem" was taken care of by a special arrangement between the bank and each of its tax cheat customers. According to Stephen Kohn:
They also had this thing called “mail hold.” The Swiss bank would never send them a letter, so no one could ever track it down. It was personal between that millionaire cheater and the bank. And all of their mail would be held in a secret vault. So when they traveled to Switzerland, they could sit and open all their mail, all their receipts, all their statements, and then shred them when they were done looking at them. In other words, the bank was actively facilitating the fraud, but each client was actively engaged. And these were not small frauds. These were major frauds by millionaires and billionaires. And right now, the American people don’t know who they were. Think of that. Fourteen thousand multimillionaires and, we know, billionaires had illegal accounts for years. They hold positions of authority in the United States. And the Justice Department has essentially given cover to every single one of them.
But wait! Why is Birkenfeld going to prison? Well, U.S. authorities have accused him of helping his own billionaire client hide assets--a man named Igor Olenicoff. Olenicoff ended up getting probation while Birkenfeld is going to spend four years in the slammer. All of this goes to show you that there are some mighty powerful unwritten laws here in the United States. We are a country of two versions of justice, one for the rich and another for the poor. What kind of justice do the poor get? Consider another example: 750,000 people are arrested for possession of marijuana every year, the equivalent to the entire population of South Dakota. At the same time, large monied pharmaceutical companies crank out expensive drugs that mimic virtually every street drug out there, perfectly legally and in many cases financed by the U.S. Medicare system. Yes, there are two versions of justice here in the U.S. It reminds me of that famous quote by Anatole France:
The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.
Anyone, rich or poor, who wants to cheat the U.S. government by stashing their possessions in an overseas bank account is welcome to do so. But if you cheat the government out of food stamps, God help you. Anyone who wants to produce mind-altering medication by starting their own pharmaceutical company is allowed to do so under the law. But if you grow marijuana at home, you'll face the full weight of the law.

Continue ReadingReport thousands of crimes? Go to prison. Commit thousands of crimes? No problem.

Kelo vs. New London revisited

Remember the case of Kelo vs. New London? Briefly, it was a case in which homeowners including Susette Kelo sued their municipality to stop it from taking their homes using the power of eminent domain. The city wanted to raze the homes and redevelop the area, making it shiny and new to complement the anticipated Pfizer pharmaceutical research facility. After all, one musn't allow the shabby dwellings of the peasantry to mar the image of success and corporate uniformity that one is trying to project:

So, the politicians picked a 24-acre lot and sold it Pfizer for $10, adding on special tax breaks. Also, state and local governments promised $26 million to clean up contamination on the lot and a nearby junkyard. But Pfizer executive David Burnett thought New London needed to do some more cleaning. "Pfizer wants a nice place to operate," the Hartford Courant quoted Burnett in 2001. "We don't want to be surrounded by tenements." The old Victorian houses in the Fort Trumbull neighborhood next door did not match Pfizer's vision - a high-rise hotel or luxury condominiums would be more fitting.

Continue ReadingKelo vs. New London revisited

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

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