Archive for December, 2011

Mark Ames: Ezra Klein’s shine job on the Kochs

Excerpted from Mark Ames’s longer article at The Exiled.

Ezra’s shine-job, headlined “How powerful are the Koch brothers?” does its Beigeist best to muddle the reader’s head into believing that, yeah, the Kochs are kinda bad ‘n stuff, but hey, it’s just how things are:

as far as I can tell, the Koch brothers are rich ideologues/industrialists who are in competition with other rich ideologues, trade organizations, interest groups, constituents, activists, electoral incentives and so on to set the agenda of the Republican Party. Sometimes they are part of the coalition that succeeds, as in the case of energy policy. Sometimes they are part of the coalition that fails, as in the case of foreign policy.

Yeah, they win some, they lose some. Except in the Kochs’ case, even when they supposedly “lose” in foreign policy, they actually win–military contracts that is, for wars they really, really hate, as Yasha Levine points out here.

So all in all, yeah, Ezra Klein looks at this and decides, “It’s just like ACORN, nothing to worry about folks, keep moving along”:

In general, the Koch brothers are in a similar category: Influential political players court them for their money, work with them when it suits their purposes and ignore them otherwise. That makes them a lot more powerful than you or me, and certainly worthy of attention. But it doesn’t make them into a grand unified theory of conservative politics, and people should be skeptical when they’re presented as such.

Really, the problem isn’t so much Ezra–after all, he’s a former roommate of Megan [McArdle]’s and a longtime friend of hers, Weigel’s, and every other corrupt libertard scavenger in DC–the problem is that the Washington Post must have known what they were doing when they zeroed in on this gullible, star-fucking pipsqueak to represent the so-called liberal consensus. The Fred Hiatts and Charles Lanes chose Ezra Klein for the same reason Roger Ailes chose Alan Colmes to sit next to Hannity.

But I’m in a charitable mood today, now that America’s beloved celebrity medium, television, has finally come around to acknowledging that, well, how do I put this? I guess: “WE WERE RIGHT AND YOU WERE FUCKING WRONG” would be a start.

 

Anyway, Ezra, here’s a little advice: go back to school. Then go out and get a job. A real job: “Obama Administration waterboy” doesn’t count as a job. Meantime, here’ s a quick study guide that might help you understand why the Kochs really are very, very different:

  • From the time they founded the Tea Party in 2009 to today, their wealth shot up from 28 billion to 44 billion, nearly 60 percent;
  • They led the campaign against health care;
  • The Kochs spend more fighting climate change than anyone or any company in the world;
  • The Kochs bankrolled Scott Walker;
  • The Kochs wrote Bush’s environmental policies;
  • Cato wrote the Republican Congress’s 1995 legislative agenda, acting as the think-tank for Tom DeLay and Dick Armey.
  • The Kochs control up to 35,000 miles of pipelines in the US and Canada, enough to circle the globe 1-1/2 times.

Should I go on?

No need. That’s a nice list. And it looks like owning a few Congress critters and a “grass roots” movement can have a fantastic ROI! Also, too, Young Ezra was Megan McArdle’s room-mate? What’s up with that?

Links New Year’s Eve

Diseased Alaska seals tested for radiation have abnormal brain growths, undersized lymph nodes — Environmental cause indicated — Also found in Russia, Canada — Bacteria becoming blood borne — White spots on liver — Walruses next? ENENews (hat tip reader MK) :-(

Carleton Watkins and the photographs that saved Yosemite Guardian (hat tip reader Buzz Potamkin)

Organic Agriculture May Be Outgrowing Its Ideals New York Times

Hospice Turns Months-to-Live Patient Into Addict Bloomberg (hat tip Buzz Potamkin)

Verizon Drops Plan for New $2 Fee Wall Street Journal. Yeah! Score one for customers! Now if we could only get banks on the run about servicer-driven foreclosures.

U.S. court upholds telecom immunity for surveillance Reuters (hat tip Buzz Potamkin)

A History of Wall Street’s Women: Echoes Bloomberg (hat tip reader Steve Milm)

Sweden’s citizen-run Twitter account Aljazeera

Demonstrators brave violence in Syria Financial Times

The EU And IMF Watch In Horror As Everything Goes To Hell In Hungary Clusterstock

Occupy Beijing? Diplomat

China manufacturing activity falls again Financial Times

Lure of Chinese Tuition Squeezes Out Asian-American Students Bloomberg

OOPS! 9 Monster Mistakes That Almost Broke The Whole Damn Financial System In 2011 (BAC, RIMM) Clusterstock

Occupy activists prepare to take message to Rose Parade McClatchy (hat tip Lambert Strether)

$6.3tn wiped off markets in 2011 Financial Times

Occupied Media: Interview With Dean Baker Plutocracy Files (hat tip reader rjs)

Community encouraged to participate in Federal Foreclosure Review and Claims process Stamford Plus. Headline of e-mail message from reader Deontos:

Noooooooo I am not making this up. It is enough to make me THROW UP. A State AG herding his constituents (with the help of a State Banking Comm.) into the Independent Foreclosure Review Slaughter A REAL PIGS-ASS

The Unraveling of MF Global Wall Street Journal

Final 2011 Thoughts: Homeowners Drowning, Banks Soaring Michael Hirsh

Antidote du jour:

Extreme Predictions 2012

I tend to avoid the year end retrospective/forecast blizzard, although some of the more creative compilations can be fun.

However, some 2012 forecasts crossed my screen, and two were such striking outliers that I thought I’d call them to your attention and seeing if readers have come across other Extreme Predictions for the new year (aside from the Mayan end of the world sort).

The first come from Matt Yglesias, “Happy Days Are Here Again! Don’t believe the naysayers: An economic recovery is right around the corner.” No, this is not a parody, this is a real article. And whoever came up with the title at Slate has a subversive sense of humor. The song, “Happy Days are Here Again,” was an end-of-Roaring 20s confection (published and first recorded in 1929), and made famous in a 1930s movie and as the theme song for FDR’s 1932 presidential campaign. Needless to say, happy days (at least on the material front) proved to be far more remote than that standard promised.

Yglesias’s argument is (basically) that with interest rates super low, consumers will start “investing” again in cars, durable goods and housing. He relies on the idea of the natural rate of interest of Knut Wicksell. Yglesias claims it is “so fundamental that people sometimes forget to return to it.” Huh? This is the old loanable funds theory; it has been debunked repeatedly, recently and rather decisively debunked in an critically important BIS paper earlier this year by Claudio Borio (who with William White of the BIS called the international housing bubble in 2003) and Piti Disyatat. This paper makes an key conceptual contribution to economics yet does not seem to have gotten the attention it deserves (certainly not in the econoblogsophere, no doubt because it is too threatening to orthodox ideas).

To give you an idea of how far Yglesias has to stretch to make his case, his argument that the US has a housing shortage refers back to a recent Slate article of his own, which in turn refers back to another article of his that argues that we merely had a bubble in home prices, not home construction.

He ignores the overhang of unsold properties and shadow inventory (we have a post from Michael Olenick on that tomorrow that suggests it may be much larger than most people think), or what Calculated Risk calls “the distressing gap.”

Per CR:

Following the housing bubble and bust, the “distressing gap” appeared mostly because of distressed sales. The flood of distressed sales has kept existing home sales elevated, and depressed new home sales since builders can’t compete with the low prices of all the foreclosed properties.

I expect this gap to eventually close once the number of distressed sales starts to decline.

Let’s put this more simply: Japan has had 20 years of super low interest rates, and banks competing so desperately to lend to corporations that credit spreads are razor thin. People and businesses are not going to borrow and invest if they are not confident of their future. With short job tenures, over 30 years of stagnant real worker wages (and falling in the most recent 12 months), exactly what is there for the bulk of the population to be optimistic about?

We’ve had a very successful three decade effort to break the bargaining power of labor, and covered that up with rising consumer debt levels. That paradigm is over, but no one in authority seems willing to go back to an economic model where rising worker wages drive economic growth. Until we get policies that address that issue, I don’t see a reason to be expect robust growth levels.

On the other end of the spectrum, Max Gardener, a bankruptcy lawyer better known as the informal leader of a large group of effective foreclosure defense attorneys, has published his predictions for 2012. He manages to be more pessimistic than I am (well actually, I find his forecast for unemployment a bit cheerier than mine).

Admittedly, his ones on housing are realistic, which makes them sobering, For instance:

Home Values: Home values will continue to decline during 2012 and I do not expect the bottom of the real estate market to be reached until the 3rd Quarter of 2014. My best guess for any type of sustained recovery in the housing market is no sooner than the 3rd Quarter of 2021. The number of homes in foreclosure will double or triple from 2011 levels and home values will drop by another 15% to 20% by the end of year. I do not expect to see any real recovery in the housing market until at least 2022. A massive number of bank-owned homes (Real Estate Owned or REO property) will be turned into rental properties by the banks and/or mortgage servicers and many more foreclosed on homes will be sold in bulk sales to investors for the same purpose.

And we have this:

Nuclear Nightmares: Early in the New Year, Israel, with technical and logistical support from the United States, will launch a major military strike on all Iranian nuclear facilities and Iran will respond by deploying massive world-wide terrorist attacks and will engage in efforts to cut off all sea routes for the shipment of oil from the Gulf Region. The uncertainty of all out war with US troops on the ground will be present throughout the year and active US military intervention is at least a 50-50 bet.

Eeek!

I suggest you read his Top 12 Predictions for 2012 in full.

Steve Hansen, who did well with his 2011 forecast, wisely choses to duck this year as much as he can (2012 Predictions: Just a Dice Roll). But I have to believe that readers know of other pundits who have made Extreme Predictions. Which are your favorites?

Public Money for Public Purpose: Toward the End of Plutocracy and the Triumph of Democracy – Part VI

By Dan Kervick, a PhD in Philosophy and an active independent scholar specializing in the philosophy of David Hume who also does research in decision theory and analytic metaphysics. Cross posted from New Economics Perspectives.

I will conclude by proposing six social tasks for the rising generation – six challenging tasks whose successful pursuit will help us achieve a more just, equal and democratic society. It is my view that the resulting society will not only be fairer and more decent. It will also be more economically productive, and will better promote human happiness and flourishing by more effectively distributing the goods and services we produce. Most of us will be happier in such a society as well, because the practices of democratic equality do a better job satisfying the human desires for cooperation, solidarity, trust, stability and fellowship that are the foundation of the social life for which human beings are naturally framed.

Extreme laissez faire capitalism of the kind extolled off and on over the past two centuries, and increasingly preached by economists, financiers and conservative thinkers over the past four decades, is a perverse distortion of human nature, foisted upon us by cold and demented thinkers captivated by inhuman notions of efficiency and domination. In the end, it is a system that reduces each human being to an object whose value is nothing beyond what it is worth in the market. We need to restore a social balance, in which private property, entrepreneurialism and commercial activity do not dominate our lives and set all the rules for our existence, but function within a democratic social order framed by a politically coherent and effective commitment to the public good. In a democratic social order there exists an activist public sector controlling a substantial store of social goods, and channeling democratic energies and intelligence into the ambitious perfection of such goods.

The six proposed tasks are not intended to be in any way exhaustive. They all pertain to the economic sphere of life alone. But the realization of a genuinely democratic society will require efforts that transcend the economic sphere. We need to rejuvenate the democratic spirit in America, educate ourselves and our fellow citizens on the unfulfilled potentialities of democratic existence, recapture the salvageable institutions of our threatened but still existing democracy, and further expand the institutions and habits of democratic practice. There is much to be done, but the prospect of doing it is exciting.

Task One: Full Employment

The first task is to employ all of our people and end unemployment as we know it. We must commit our societies to the goal of full employment, and build an economic order in which a job is always provided by either a public or private sector enterprise for everyone willing and able to work. We must be willing to invest continually in human development in order to provide everyone with the skills and knowledge they need to contribute meaningful work to our productive activities, and participate meaningfully as fellow citizens in our democratic society.

Unemployment should not be regarded as some sort of inescapable curse visited upon us by the mysterious providence of the invisible hand and the hard tutelage of the business cycle. It is not an essential economic medicine or purgative that we are required to swallow for the sake of our long-term economic health. It is a social choice that we have made. And it is a bad social choice. Yes, private sector enterprises rise and fall, and their employment needs are constantly shifting. But we have it within our power to organize the public sector to absorb workers who have been released from their private sector employment, and employ them immediately in useful public enterprises. Then as private sector activity picks up and generates a demand for more workers, we can release public sector workers back into the private sector economy. Human needs and desires always far exceed our capacity to satisfy those needs and desires, and that means that there is always plenty of work to be done.

The system of persistent unemployment we have now is a bad social choice, but it is the social choice many plutocratic power-brokers prefer. So long as mercenary private wealth is permitted to call the shots in our economy, many of those at the top will find it preferable to dispose of unwanted human beings and their labor by jettisoning surplus workers from the active economy from time to time, just to put them on a low cost dole. The alternative – in which a democratic government is permitted to exercise its organizational power and pool social resources in order to employ the unemployed – is a threat to the power and wealth of plutocrats. By preserving a permanent pool of unemployed workers, the plutocracy ensures a permanent buyers’ market for labor, keeping wages down and worker bargaining power at a minimum. This allows the owners of private sector enterprises, working together with their most well-paid executive employees, to steer a greater portion of the revenues of the enterprise into the hands of the owners and top executives. A full employment economy, on the other hand, would restore bargaining power to workers, and permit those workers to retain a greater share of the firm’s revenues as wages.

The plutocracy also wishes to preserve the myth that if there is work that could be done, but that some private sector firm is not performing already, then it must be unprofitable work that is just not worth doing. But that’s an error. For one thing an immense amount of the goods in this world are owned by the public at large or by nobody at all. Private capital will be invested only when it can bring about improvements in someone’s private property, the property of those who are investing their own capital or investing capital they have borrowed from others. This usually generates a surplus that can then be sold on the market. That’s the only way the investor can profit from those improvements and productive processes, and that means that private capital has no interest in investing in those things from which no private individual or firm profits. But the public owns or draws value from a great many goods that lie outside this sphere of profitable private investment. It can add substantial, usable value to the world by organizing public investment in these goods.

Look around and ask whether or not there is valuable work to be done. Of course there is. There is always far more work to be done than there are people to do it. Human beings are mortal and limited, and when we succeed in achieving something new, that only frees us up to move on to something else that we were not able even to begin to address before. When we fail to employ ourselves in doing that work because of our ideological commitments to an existing system of private enterprise, we stupidly deprive ourselves of the productive efforts of many unemployed people who are willing to work. The existence of needless mass unemployment within the present system only shows that the existing system is incomplete and inefficient, and that it is not the full answer to the satisfaction of human needs.

Adam Smith, a much more moderate and reasonable man than is sometimes painted by the crazed disciples of laissez faire who have adopted Smith as their patron, also recognized that the system of private enterprise is not sufficient to satisfy all social needs. He recognized the need for public employment, because he recognized that there are ends we can pursue that, “though they may be in the highest degree advantageous to a great society, are, however, of such a nature that the profit could never repay the expense to any individual or small number of individuals.”

We always possess the capacity to do what we need to do in order to employ the unemployed. The monetary system should never stand in our way. Since the public’s money is only a tool, and since these monetary tools can be produced and wielded by a democratic society in whatever quantities are needed to pursue public purposes, it is absurd to argue one cannot afford to generate real value in the world because of a lack of money. As we create additional real value in the world, we can concurrently create the additional money we need to measure that additional value, to efficiently manage the entry of that added value into the existing economy, and to pay those who produced the additional value. Since the process adds new goods and services to the economy, rather than simply creating more money to chase existing goods and services, the additional money we bring into existence in this way does not exert significant inflationary pressures and destabilize prices.

Unemployment has tremendous social and individual costs. It leads to the loss of skills and capacity over time as a changing economy moves further and further ahead of the workers who have been jettisoned from it. These abandoned workers are then increasingly transformed into a burden on others. Unemployment also leads to psychological depression, shame and humiliation, and creates invidious social caste distinctions between the employed and the unemployed. Our current social practice of deferring all employment decisions to private sector entities, and permitting massive unemployment for long periods of time, is not just unnecessary. It is cruel, barbaric and stupid.

It is notable that during the current economic crisis, the national government in the United States decided early on to turn its attentions away from employment and toward the plutocratic agenda of public debt reduction. The government was willing to tolerate official unemployment standing between 9% and 10%. That, of course, is only the misleading official number. That this national policy direction of forced and recession-intensifying austerity was partly set by a Democratic administration, which rammed a deficit and debt reduction agenda down the throat of the national debate by appointing a “Deficit Reduction Commission” headed by committed conservative deficit hawks from both parties, is an indication of just how deeply both major national parties are now embroiled in the game of protecting the interests of the wealthy and neglecting the interests of tens of millions of desperate Americans.

So the young Americans who take on this first task of employing all of our people can expect to face a broad and bipartisan front of resistance from politicians in the employ of private corporations and financial interests. There are, to be sure, good people in government as well. But they are in the minority, and will need the kind of support that only a mass movement can provide.

Task Two: Public Investment in Our Future

The second task is actually an extension of the first task, and further develops the insight from Adam Smith quoted from the previous section. The private sector does a good job with the day-to-day management of, and innovation in, productive processes that make new goods and useful technologies and services available to markets. Entrepreneurs who want to develop these new products, or make old products in a better and more efficient way, can very often work out the means of creating a viable and sustainable business operation around their production, and can thus attract the private sector financing they need to build those businesses and market the products. We all benefit from much of this entrepreneurial creativity and industriousness. But we need to recognize that many of the larger scale investments a society needs to carry out in order to sustain progress and build prosperity do not just happen by themselves through the hubbub of entrepreneurial innovation. They often possess a scale, scope and degree of organizational thoughtfulness and planning that cannot or should not be carried out by private sector business enterprise.

Even if some of these major national-scale infrastructure projects can be carried out by private sector corporations commanding massive supplies of private capital, it might not always be a wise social decision to allow those corporations to assume those responsibilities. Note that what Smith said is that some highly advantageous social ends cannot be carried out in a way that brings profit to some small number of individuals. But of course, if we allow large oligopolistic private corporations to acquire ownership and control of everything that is important to us, then those corporations might be able to profit by investing in the satisfaction of large social needs. Yet any enterprise with the power and capital and political muscle to build, say, an entire national infrastructure for electric car use, or a national electrical grid or a system of mass education maintaining national standards, will possess too much power to place in corporate hands. Allowing such vast quantities of economic power to flow into oligopolistic or monopolistic corporations is likely to bestow on those corporations the power to dominate politically the democratic communities they have been chartered to serve.

Note that there is an inherent tension between the corporate form of organization and the organization of a democratic society. Corporate decision-making structures are indeed the very antithesis of democracy: They are hierarchical, secretive, and profoundly undemocratic command systems. It is arguable that we need to permit such institutions to exist on smaller scales. Or perhaps we don’t. But in any case, if hierarchical corporations as we know them must exist, limiting the degree and scope of corporate power is in itself an essential public purpose for a democracy.

Vigilant preservation of those limits requires that democratic communities at the national, state and local level deliberate in an open and rational way on the future shape of their communities and on their desired way of life. They should atempt to achieve a broad consensus on those desired forms of life, and then retain sufficient control over real decision-making power so that they can carry out the plans that will determine the long-term shape of their community’s future. Democratic communities must also seek to retain ownership of substantial amounts of public land and infrastructure within their communities. In the end, the world is governed by those who own it. Building a decent and just future requires substantial public command of resources and a commitment to democratically organized public investment of those resources.

But it is not enough to invest in physical infrastructure alone. We also need to invest in our people. We are still making do with an antiquated education system in which we devote a great many resources to educating our youth, but then leave our citizens on their own for the rest of their lives to provide for any desirable remaining education. We should consider the possibility that such a system is no longer viable in an era in which technological and intellectual changes are constant and rapid, and in which fewer people are employed in types of work that do not require the continual improvement of knowledge and knowledge-based skills. We should consider moving to a system in which people are given periodic paid furloughs from work, say every five years, to return to school for six months for additional publicly-delivered education. There is no reason at all that a public education needs to be pigeonholed as a purely K-12 system. 21st century people require educational services spread across the lifespan.

We need to reaffirm community responsibility for most forms of education. Although some forms of education might be of benefit only to the individual who receives the education, most forms of education benefit all of us directly or indirectly. A prosperous and enlightened democratic community will develop the talents and unexpressed capacities of its citizens, and distribute these human development costs widely. And the more equal our society becomes, the more those human development costs pay off for all of us. In a society organized to preserve broad social and economic equality, the benefits of higher education aren’t all poured into generating extravagant incomes for the privileged class of high earners who happen to have received that education, and who profit from it individually, but are directed back into the community as the educated contribute the value of their enhanced skills and knowledge to generally beneficial production and activity.

These enhanced education programs can be integrated with the full employment commitments discussed in the first task. For all of our people – at certain stages of their lives, at least – we should regard teaching or learning, or both, as that person’s job. There are many useful things we can pay the unemployed to do, but among those things are the jobs of teaching others the things that these unemployed people already know, and of learning something from someone else so that new knowledge can be brought back into the world of productive activity to create value that couldn’t have been created before. Those people for whom the private sector is not providing employment represent a large treasure trove of unutilized skill and knowledge. We need to create the institutional frameworks in which those skills can passed onto others, while new skills are acquired at the same time, and in which these citizen educators and learners are then able to draw an income to support their participation in this vital area of public investment.

In thinking about the needs for public investment in our physical infrastructure and our people, we should never allow ourselves to be overwhelmed and dazzled by the complex instrumentalities of money and monetary tools. The only thing that ever stands between our desires for the world we want and the realization of that world is the existence of real resources. If the resources exist, we can always create whatever additional monetary tools and financial instruments are needed to command those resources and organize their allocation. We can adjust our monetary policies to give democratic communities the monetary powers they need to better direct their communities’ resources into the channels in which they desire them to flow. And besides additional monetary policy tools, there remain the traditional tools of taxation. Private sector systems for distributing income are sometimes wasteful and crude in the aggregate, and do not adequately reflect social needs and values that are not manifested in the marketplace by purely self-seeking customers. To advance such values, the public sometimes needs to take surplus savings that exist in wasteful and unnecessary abundance on the monetary scorecards of the most fortunate individuals, and direct those savings toward public purposes. Critics sometimes claim redistributive taxation of this kind is a mere zero-sum shift of productive economic activity in one sector of the economy to productive activity in another sector. But that is not true. In some cases it is a positive net shift of idle low-productivity savings into highly productive activity.

Task Three: Public Stewardship of the Financial Sector

The third task is to reassert public authority over the financial sector of our economy. The late economist Hyman Minksy persuasively argued that financial instability is not just an anomalous blip of temporary dysfunction in generally stable and self-regulating financial markets. Rather, Minsky said, a tendency toward financial instability is inherent in the normal functioning of a capitalist economy. Periods of financial stability, in fact, lie at the roots of instability. Robust systems of finance naturally evolve into systems characterized by higher and higher degrees of risky, speculative lending, and ultimately higher degrees of what Minsky called “Ponzi lending”. Stability is itself destabilizing. Preventing instability therefore calls for regulation, since a system that is inherently prone to instability does not regulate itself.

Few people these days are in need of further convincing that financial professionals are not always the sober and steady managers of money and investment funds that their defenders sometimes like to present themselves as being, or that they effectively regulate themselves through the discipline of market forces. The US financial sector blew up a bubble of overleveraged and toxic debt based on liar loans and runaway home prices leading up to the crash of 2007 and 2008, a bubble inflated by a combination irrational exuberance, irresponsible management and outright fraud. The banks and shadow banks crashed our economy into the ground.

Human beings come in many varieties. But there will probably always be among us those who seek to steal, defraud, scam, swindle, manipulate, chisel, plunder and exploit. The quantitative mazes and fine print of financial transactions and contracts provide fertile ground for such activity. The financial world is full of very clever people who devise increasingly clever ways of inserting taps into our society’s massive flows of money and siphoning off some of the flow for themselves. It is essentially money for nothing, but it can generate huge short-term rewards for some of the lucky investors, and huge compensation packages and bonus for the clever engineers of the leaky ductwork of money streams. Sometimes the complex movements of money and value are so mathematically complicated that even relatively sophisticated people who have had millions and billions stolen from them can’t even say for sure if they have been robbed, or if they just made bad decisions in purchasing legitimate services. To imagine that these dens of greedy money pillagers can be self-regulating if left to their own devices, and that market competition generates all the information that is necessary to enable investors and savers to make prudent decisions with the funds for which they are responsible, is naïve in the extreme. And in a modern economy, we are all entangled in the maze of money. Even the most frugal, modest and cautious people are dependent on the behavior of the guild of financial engineers. So in the end, not only do the schemers and scammers exploit individuals. Their destabilizing pyramids of monetary liabilities collapse and destroy whole economies.

The University of Missouri, Kansas City economist and regulator William K. Black has commented on the “three dees” – deregulation, desupervision, and de facto decriminalization – that helped bring our financial system to the ground:

Deregulation occurs when one reduces, removes, or blocks rules or laws or authorizes entities to engage in new, unregulated activities. Desupervision occurs when the rules remain in place but they are not enforced or are enforced more ineffectively. De facto decriminalization means that enforcement of the criminal laws becomes uncommon in the relevant industries. These three regulatory concepts are often interrelated. The three “des” can produce intensely criminogenic environments that produce epidemics of accounting control fraud. In finance, the central task of financial regulators is to serve as the regulatory “cops on the beat.” When firms gain a competitive advantage by committing fraud, “private market discipline” becomes perverse and creates a “Gresham’s” dynamic that can cause unethical firms and officials to drive their honest competitors out of the marketplace. The combination of the three “des” was so criminogenic that it generated an unprecedented level of accounting control fraud, which in turn produced unprecedented levels of “echo” fraud epidemics. The combination drove the crisis in the U.S. and several other nations.

I will leave it to people like Black and other experienced financial sector sleuths and regulators to recommend the specific regulatory policies that are needed to bend the financial sector back toward the public purposes it is supposed to serve, and to make sure large and risky financial ventures are not allowed to escape the regulatory watchdogs – perhaps by moving into the “shadow banking” sector. But I do want to suggest one specific item. We should take a close look at creating public options for banking: not-for-profit, public savings and lending institutions that provide low-cost, low-risk alternatives to private sector banks, and that can be used when appropriate to administer and subsidize programs of local public investment through the targeted issuance of low interest loans – and perhaps sometimes even negative interest loans.

Task Four: Reorganize Monetary Policy

The topic of banking naturally leads us into the fourth task: the reorganization of monetary policy. Under our present system, a quasi-independent and weakly accountable central bank is supposed to be responsible for all aspects of monetary policy, while Congress and the Executive Branch handle the fiscal policy operations of taxing and spending. The system has been with us so long that it is difficult for many people to conceive of alternatives. But such alternatives can and should be considered.

The division between fiscal and monetary policy is actually somewhat artificial. It is an analytical distinction useful for understanding different dimensions of macroeconomic policy. But in practical terms it is difficult to separate fiscal operations from monetary operations, and the fact that they are institutionally separated in our current governmental framework keeps economic policy makers from acting in as coherent and efficient a manner as they could. The institutional separation between monetary and fiscal policy also creates needless confusion in the mind of the public, and manufactures pseudo-problems from the needlessly complicated manner in which Treasury spending is partially funded by Fed purchases of Treasury bonds through private intermediaries. This puts relatively meaningless debt on government books, leading to public fears of budget crises, bond vigilantes and insolvency. The austerity mongers, doomsayers and enemies of progressive government then call out this debt in their endless attempts to manipulate public fears and crush public sector activism. These prophets of public penury are contributors to the plutocratic effort to subordinate democratic governments to corporate rule.

We have already discussed how this situation can be changed. Fiscal policy need not rely to such a high degree on the issuance of debt to the private sector. Instead, we should enact monetary reforms that provide for the direct crediting of Treasury Department accounts by an amount to be determined each year, as economic conditions warrant and demand. We can expand deficits through purely monetary means when necessary. No added debt; no additional taxes – just money directly created by the sovereign monetary power of the United States government and the American people. But this is not a reform the Fed can enact on its own. Only Congress can legislate these changes. Activists need to take the case for monetary reform directly to Congress.

There are certain public purposes that are always best served by the public sector, no matter what else is happening in the economy. But there are other public needs which arise cyclically, and some which are entirely unpredictable. In a deep recession or depression, government needs to expand its spending dramatically. The most efficient and least confusing way to do this is through direct monetary operations: clean, unconfusing money creation without the complex dance of bond sales mediated by private sector dealers and auctions.

Elitists and ant-democratic central bank enthusiasts have usually argued that these kinds of reforms would put too much monetary policy power directly in the hands of a democratic rabble, and that reckless populist politicians wielding this kind of power would inevitably destroy our economy and spawn hyperinflationary chaos by succumbing over and over to the irresistible allure of free money. Bunk. These pessimistic warnings are only a stale replay of similar charges that have been levied against democratic government in generation after generation. Elitists and aristocrats in every era have always said that democracies can’t handle anything important: they can’t handle civilian control of the military; they can’t handle religious and political liberty; they can’t handle the selection of leaders; they can’t handle the legislation of laws; they can’t handle the writing of a budget and the management of public finances. They have always been wrong. Democratic countries around the world perform these tasks routinely, and the consequence of the rise of democratic government over the past century, and the defeat of aristocratic and authoritarian alternatives, has been a spectacular surge in global prosperity.

So now the question is the reform of monetary policy, and the elitists are wrong again. Decisions about the orderly creation, destruction and employment of the public’s money are no less amenable to routine democratic debate and thoughtful legislative decisions than are any other economic decisions carried out by a legislature. Despite the political ups and downs, democracies generally do a perfectly creditable job managing the public finances and the public treasury. Monetary policy is a matter of public policy and should be debated and carried out via the political process just like any other public policy in a democracy. We will surely make bad decisions from time to time, just as we do in other areas. But over the long run, democracy will do a much better job with monetary policy than do secretive central bankers, who answer mainly to the plutocratic elite, and who during a crisis quickly sacrifice the public interest to those elite interests.

Task Five: Promote Equality

The fifth task is to take significant and deliberate steps to promote equality of economic condition. Economic inequality rots the foundation of a democratic society.

For too long we have been told, or tried to tell ourselves, that democracy can coexist with profound inequalities in wealth and income, and that we can erect a wall of institutional structure that will protect democratic institutions from the encroachments of plutocrats. We have been told, or tried to tell ourselves, that even in a world in which a single wealthy person can buy more than can be purchased by a million of his poorer fellow citizens, that unpleasant fact does not keep us from adhering to a rigorous principle of one person, one vote. We have been told, or tried to tell ourselves, that even a society with gross inequalities in wealth can sustain a system of genuine equality of opportunity.

These are absurd and preposterously naïve views. And it is a real mystery how any significant number of mature and worldly people could ever have been induced to believe them.

The things in the world that we call “wealth” consist of all of those things that are produced either by nature or by human effort, that can be transferred from some persons to other persons, and that people desire to possess either individually or collectively. Wealth consists in the objects of human desire, and the value of these objects is measured in the end by the degree to which people desire them. Those who control wealth thus control the objects of desire; and those who control the objects of desire control people, since people are beings filled with desire. In other words, wealth equals power.

No system has ever been devised, or could be devised, in which a few participants in society are permitted to control most of the ultimate sources of human power, in far greater amounts than other people, but in which that privileged few does not succeed in exercising the power they possess to seek their preferred ends in the political sphere. Those who are permitted to own the lion’s share of wealth will always own the lion’s share of decision-making power. Since democracy consists in the equal distribution of decision-making power throughout the whole body of a self-governing people, no real democracy is possible in the presence of gross inequality of wealth. Inegalitarian democracy is a delusional doctrine; as unrealistic as the dream of a harmonious symphony orchestra consisting of 99 dog whistles and one tuba.

Similarly, no system can be devised in which people possess anything approaching a real equality of opportunity unless that system at least strives to create something approaching a real equality of condition. Opportunity in life depends on the resources with which one begins life. But inequalities of wealth and condition are passed on from one generation to the next, in one way or another, both among individuals and within communities. Unless we take steps to limit the grossly unequal accumulation of resources throughout a lifetime, we cannot prevent gross inequalities in the resources with which people in the next generation begin their lives.

There are many things we can do to promote a more equal society: We can restore income balance through redistributive taxation and much higher marginal tax rates; we can prevent those inequalities from arising in the first place by enacting maximum wage laws or wage ratio laws; we can restore the bargaining power of workers through a national full employment program and a revitalization of organized labor; we can reform corporate governance so that companies are chartered to exist primarily to provide incomes for the people who work and produce in them every day, not for the absent and invisible owners who do nothing but buy and sell pieces of those corporations; and we could reform inheritance laws to prevent inequalities arising in one generation from being propagated and multiplied in the next.

Task Six: Public Stewardship of the Environment and Our Common Wealth

The final task is to affirm and secure public stewardship over things of inestimable value that profit-seeking commercial enterprises are always threatening to ravage, exploit and destroy.

We have discussed a great many things that pertain to the goods we produce and exchange, the things of value that we make out of what already exists, and whose production and distribution is organized through the medium of money. But it is important to remember that the most supremely valuable things in life were made either by no living human being or by no human being at all, living or dead. The sublimities of the natural world; the beloved natural human habitants in which we make our homes and feel ourselves at home; the marvelous and diverse fellow creatures with whom we share our world; the ancient and powerful seas, mountains, forests and winds; and the innumerable products of human art, industry and intellect that have been passed down to us from earlier generations of earnest and optimistic human beings, and that are now the common inheritance of every one of us – these things comprise the all-too-frequently ignored foundation of value in a meaningful human existence. They usually cost us little or nothing to acquire; but the cost of destroying them is immeasurable.

The pursuit of the good requires not just the creative production of new forms of value from the resources we possess; but the preservation of those sources of great value that already exist. These springs of value speak to us and comfort us in voices that transcend the capacities of our very finite and predominantly instrumental everyday intelligence, and they are the ground that brings forth and nurtures all of the myriad objects of everyday use. These fundamental goods are as irreplaceable as they are beloved. Human commerce has contributed greatly to the improvement of our life on Earth. But the commercial life and its exigencies can also reduce us to a mean, blinkered and mercenary relationship with the things and beings that surround us. Commerce thoroughly unleashed, commerce that is not directed by wise and deliberate stewardship and foresight, can result in the thoughtless destruction of what is great in the manic production of what is merely transiently useful. The primordial goods belong to all of us, the great democratic community of humanity. Part of the task of democratic reform, then, must be to preserve for ourselves and our fellow citizens what is sublime and great. We must ensure the equal and sustained access for all human beings to the common inheritance of all human beings.

This is the sixth and final part of the essay. Previous installments are available here: One, Two, Three, Four, Five

Links 12/30/11

EU warns wasting environmental resources could spark new recession Guardian (hat tip Joe Costello)

Classical music’s ethically compromised funders Overgrown Path (hat tip Michael Thomas). Intriguing. Funding from banks is now seen to be as tainted as funding from Big Tobacco.

An Uproar on the Web Over $2 Fee by Verizon New York Times. This is pretty outrageous.

Should the World of Toys Be Gender-Free? New York Times. I should never read articles like this. I’m still not convinced the purported differences between girl and boy play styles are not influenced by social signaling (mind you, I hated dolls and my favorite toddler toy was a crash car. It was SO much fun making it fly into pieces).

China reveals its space plans up to 2016 Associated Press

Deepening Crisis Over Euro Pits Leader Against Leader Wall Street Journal

Egypt’s Forces Raid Offices of Nonprofits, 3 Backed by U.S. New York Times

Gold Bubble Seen by Soros on Brink of Bear Market Bloomberg

Mitt Romney’s flip-flop-flip on abortion Salon

Marginalizing Ron Paul Truthdig (hat tip reader 1SK)

Cost Cutting Leaves Residents in the Dark New York Times

Five Charts Useful for Framing the Economic Debate in 2012 Jesse (hat tip reader Scott)

Charities get more donated homes USA Today

Short Sales of Homes Increasing Dave Dayen, Firedoglake

Rakoff accuses SEC of misleading federal court Financial Times (hat tip reader Paul S)

Fannie and Freddie Fantasies Bill Black

The Miracle of Solvency Golem IV (hat tip reader Foppe)

‘Money Needs Laws’ Der Speigel (hat tip Joe Costello). Don’t get excited, this is a big time rationalization (as in he seems to believe his PR). Contrast with: Moral Bankruptcy, the Bankers’ Edition Abigail Field

The Dumbest Idea In The World: Maximizing Shareholder Value Forbes. Is this the bookend to the Michael Jensen HBR article that argued that corporate executives needed to be paid like entrepreneurs (which would actually, on the whole, mean badly) and set of the vogue of equity-related compensation?

Antidote du jour:

Is the OCC the Most Corrupt US Bank Regulator?

As much as I’m fond of the name “Naked Capitalism,” I am beginning to wonder whether a more accurate description of this blog’s beat might be “Naked Corruption.” Our continuing discussion of the Office of the Comptroller of the Currency’s foreclosure whitewash reviews serves as an object lesson.

The Fed and the Treasury are pilloried much more regularly than the OCC by virtue of the fact that they are more visible. But pound for pound, the OCC is arguably more pernicious. It was the OCC that decided to decamp from the then 50 state attorney general negotiations because, apparently, they might not produce a bank-friendly-enough outcome (remember, even though these negotiations keep being depicted in the press as “state attorney general” negotiations, a whole passel of regulators Federal agencies are involved, including the Fed, the DoJ, the FDIC, and HUD). But while the talks were underway, the OCC decamped and launched its own cease and desist order process, which was intended to reduce the impact of the settlement from the federal regulatory side. And if you think that the OCC was not trying to advance the banks’ agenda, the language the OCC used in the C&D orders was cribbed from the banks’ counterproposal to the attorneys general.

Similarly, although I can’t prove it, I strongly suspect the OCC played a major role in the nuking of Elizabeth Warren. I am told she is a skilled bureaucratic infighter and had to have been aware of Geithner’s antipathy for her and hence would have been watching his game closely. The development that hurt her the most was the leak of a 7 page analysis prepared by the CFPB for the state AGs to Shahien Nasiripour, then of the Huffington Post. He anticipated the firestorm that resulted:

But perhaps most important to some lawmakers in Washington, the mere existence of the report suggests a much deeper link between the Bureau of Consumer Financial Protection, led by Harvard professor Elizabeth Warren, and the 50 state attorneys general who are leading the nationwide probe into the five firms’ improper foreclosure practices, a development sure to anger Republicans in Congress and a banking industry intent on diminishing the fledgling CFPB’s legitimacy by questioning its authority to act before it’s officially launched in July.

And that article indicated that the OCC and the CFPB were at loggerheads over the level of fine the servicing industry should pay, with the OCC of the view that it should be less than $5 billion.

Adam Levitin was quick to call out how phony-baloney the OCC’s servicer cease and desist orders were as soon as a draft was published back in April (emphasis his):

By far the most interesting bit in the draft C&D order is the bit requiring the banks to engage independent foreclosure review consultants to review “certain” foreclosures that took place in 2009-2010. There is no specification as to which foreclosures are to be reviewed or precisely what the standards for review are. But that’s all kind of irrelevant. Who do you think the banks are going to engage to do these reviews? Someone like me? Not a chance. They’re going to find firms that signal loud and clear that if they get the job, they won’t find anything wrong. It’s just recreating the auditor selection problem, but without even the possibility of liability for a crony audit

So here’s what’s going down. The bank regulators are going to provide cover for the banks by pretending to discipline them very hard, but not really doing anything. The public will see a stern C&D order, but there won’t be any action beyond that. It’s as if the regulators are saying so all the neighbors can hear, “Banky, you’ve been a bad boy! Come inside the house right now because I’m going to give you a spanking!” And then once the door to the house closes, the instead of a spanking, there’s a snuggle. But the neighbors are none the wiser. The result will be to make it look like the real cops (the AGs and CFPB) are engaged in an overzealous vendetta if they pursue further action.

Levitin continues his scutiny with his latest post on the OCC’s coverup, which was sparked by the Gretchen Morgenson story last weekend. That story suggested the supposedly independent foreclosure reviewers were every bit as compromised as Levitin had predicted. Levitin, based on what he called “the briefest of perusals” of the several engagement letters, including the Allonhill engagement letter (flagged by Michael Olenick), found plenty not to like. The first problem was, as he had indicated earlier, was rampant conflicts of interest. The second is that the entire process is bogus.

This is a partial recap from his post, which I strongly suggest you read in full. On the conflicts:

1. The OCC does not do any independent verification of claims re lack of conflicts. As Olenick described, they are bloomin’ obvious as far as Allonhill is concerned, and the defense they offered in the Morgenson story is not convincing.

2. The reviewers hire subcontactors who are similarly deeply compromised. You have multiple law firms, all of whom are major “securitization” law firms, which means they up to their eyeballs in opinion liability. Think they are going to find anything wrong when they have been advising the servicing industry all these years? Consider what Levitin wrote about SNR Denton, a firm that has made an art from of writing coverups for bad servicing/foreclosure practice (see our shred from 2010). Levitin catalogues some of its other whoppers:

It has also made clear that it thinks there is “nothing to see here folks” on the chain of title issue, and that it thinks Ibanez was a radical and wrong outlier decision. SNR Denton has also represented the American Securitization Forum. Hardly neutral counsel.

To add to Levitin’s tally: SNR Denton also represents LPS, which is has been indicted by the Nevada attorney general for civil fraud in a wide ranging and well documented case. And in a newly-published paper on Ibanez, Professor Elizabeth Renuart looks at the applicability of that decision in four major non-judicial foreclosure states: Arizona, California, Georgia, and Nevada. Her conclusion, contra SNR Denton, is “Ibanez should be persuasive authority in the four nonjudicial foreclosure states highlighted herein.”

But even worse is the procedural sham. It’s a deliberate effort to validate bogus foreclosure practices. Key points from Levitin:

It’s clear that none of the reviews will look at PSAs and trust law. The OCC doesn’t want anyone looking at this issue. It’s OK if the reviews find some SCRA [Servicemembers Civil Relief Act] violations and the banks pay a few dollars here and there. But the chain of title issues are too sensitive and OCC has made them a no-go….

Check out the assumptions and exceptions on pp. 13-16 in the JPMorgan-Deloitte letter. Some are kind of heroic, like that there was proper service. I testified about a “sewer service” problem before the House and Senate in November 2011. It’s not a non-issue. Or how about that notarizations took place on the date claimed. We know that isn’t always the case–that’s what started the whole robosigning scandal.

Other assumptions are strange. The review will only consider 2 federal statutes and state statutes, not local mediation requirements, etc. Sure, it makes the reviews easier. But those requirements are the law too. You can’t pick and choose which parts of the law to comply with.

In other words, this process is every bit as bad as one would fear, and blindingly obviously, shamelessly bad.

But the reason that the OCC can do this sort of thing is that much of their help to banks isn’t as visible as, say, HAMP mods (which were intended to give the appearance of helping borrowers while doing nada to change the fundamentals of the system in place). And the parts that are, like the engagement letters, take some knowledge to see the deficiencies. Now a journalist can easily get to experts, but what the OCC does, like a lot of regulatory nitty gritty, is deemed to be too technical to interest most readers. This is yet another example of how complexity and opacity serve the financial services industry.

The OCC is actively intervening on the side of banks to cover up their systematic abuse of the rule of law, and to minimize the cost to them when it is impossible to deny their bad conduct. The more that the public recognizes that the OCC is a bank enabler in regulator’s clothing, the harder it will be for them to be effective in that role.

US Wars Far From Over

This Real News Network interview with David Swanson, which focuses on Obama’s PR on the “end” of the war in Iraq, also underscores a theme in Matt Stoller’s post on Ron Paul yesterday: the deep commitment of both parties to a large and active military.


More at The Real News

Bill Black: Did OFHEO Fix Fannie and Freddie’s Compensation Systems after discovering their Frauds?

Bill Black, the author of The Best Way to Rob a Bank is to Own One and an associate professor of economics and law at the University of Missouri-Kansas City. Cross posted from New Economic Perspectives.

I have been chastised by a friend and former colleague for writing:

“Here is the crazy thing – the SEC, OFHEO, and Department of Justice all failed to demand that Fannie and Freddie end their perverse executive compensation system that made the executives wealthy through fraud and put the entities and the government at risk.”

My friend notes that Fannie, under pressure from OFHEO and with its prior approval, changed its compensation system after the initial accounting fraud.

My sentence would be clearer if it was revised to read as follows:

“Here is the crazy thing – the SEC, OFHEO, and the Department of Justice all failed to prevent Fannie and Freddie from using perverse executive compensation systems that made the executives wealthy through fraud and put the entities and the government at risk.”

The new compensation systems at Fannie and Freddie remained exceptionally perverse after the changes.  Their CEOs continued to cause them to engage in systematic accounting fraud by not providing remotely adequate loss reserves and allowances for loan losses despite purchasing massive amounts of fraudulent liar’s loans and fraudulent subprime liar’s loans.  The same scam that made the officers rich was certain to destroy Fannie and Freddie.

I have also examined a number of statements by both of OFHEO’s leaders during the relevant period, concerning compensation and the initial Fannie accounting fraud.  James Lockhart issued a hard hitting release on May 23, 2006 accompanying OFHEO’s report on its investigation of Fannie entitled:  “FANNIE MAE FAÇADE: Fannie Mae Criticized for Earnings Manipulation.”  The release begins with this passage that directly ties the accounting fraud to the controlling officers’ desire to trigger bonuses.
“The report details an arrogant and unethical corporate culture where Fannie Mae employees manipulated accounting and earnings to trigger bonuses for senior executives from 1998 to 2004. The report also prescribes corrective actions to ensure the safety and soundness of the company.”
Note that the release emphasizes that the OFHEO report “prescribes corrective actions.”  The purpose of the release, of course, is to emphasize the most important aspects of the lengthy OFHEO report.  The release makes it clear that executive compensation drove the fraud.
 “The combination of earnings manipulation, mismanagement and unconstrained growth resulted in an estimated $10.6 billion of losses, well over a billion dollars in expenses to fix the problems, and ill-gotten bonuses in the hundreds of millions of dollars.”

“By deliberately and intentionally manipulating accounting to hit earnings targets, senior management maximized the bonuses and other executive compensation they received, at the expense of shareholders. Earnings management made a significant contribution to the compensation of Fannie Mae Chairman and CEO Franklin Raines, which totaled over $90 million from 1998 through 2003. Of that total, over $52 million was directly tied to achieving earnings per share targets.”

When it comes to the steps that Lockhart considered critical, however, executive compensation was not specifically mentioned.

The report ends with recommendations from OFHEO’s staff to [Lockhart], which he has accepted. Some of the key recommendations include:
Fannie Mae must meet all of its commitments for remediation and do so with an emphasis on implementation – with dates certain – of plans already presented to OFHEO.
Fannie Mae must review OFHEO’s report to determine additional steps to take to improve its controls, accounting systems, risk management practices and systems, external relations program, data quality, and corporate culture. Emphasis must be placed on implementation of those plans.
Fannie Mae must strengthen its Board of Directors procedures to enhance Board oversight of Fannie Mae’s management.
Fannie Mae must undertake a review of individuals currently with the Enterprise that are mentioned in OFHEO’s report.
Due to Fannie Mae’s current operational and internal control deficiencies and other risks, the Enterprise’s growth should be limited.
OFHEO should continue to support legislation to provide the powers essential to meeting its mission of assuring safe and sound operations at the Enterprises.
Similarly, on June 6, 2006, Lockhart testified before the House on Fannie’s fraud.  He explained how Fannie’s executive compensation system created the perverse incentives that drove the massive accounting fraud.  He ended by listing how OFHEO responded to the frauds by ordering changes at Fannie.  None of these changes discussed executive compensation.  The failure of this excerpt to discuss executive compensation is particularly striking.

“Fannie Mae must take additional steps to improve its internal controls, accounting systems, operational and other risk management practices and systems, data quality, and journal entries. Emphasis must be placed on implementation with dates certain.”

Executive compensation, the most critical problem at Fannie and Freddie, the problem that drove their accounting control frauds, received minimal attention from OFHEO’s head.  Fannie and Freddie’s CEOs proceeded to become wealthy through bonuses “earned” through business strategies that were sure to destroy Fannie and Freddie.  OFHEO took no effective action to remove these perverse incentives.

Armando Falcon, Lockhart’s predecessor as head of OFHEO, achieved the remarkable – his revulsion for Fannie’s controlling officers exceeded Lockhart’s.  “While all of this political power satisfied the egos of Fannie and Freddie executives, it ultimately served one primary purpose: the speedy accumulation of personal wealth by any means.”  Testimony of Armando Falcon, submitted to the Financial Crisis Inquiry Commission (April 9, 2010).  His testimony details how Fannie’s controlling officers used accounting fraud to attain massive bonuses.

The Terrible Cost of Failing to Understand Accounting Control Fraud

The sad irony is that immediately after Falcon explained the perverse incentives arising from Fannie’s compensation system he went on to be only half right in his analysis of Fannie and Freddie’s eventual failure.  The half he got wrong stemmed from his failure to understand the interplay of accounting control fraud and perverse executive compensation.

“Your letter also asked me about the impact of the affordable housing goals on the enterprises’ financial problems. In my opinion, the goals were not the cause of the enterprises demise. The firms would not engage in any activity, goal fulfilling or otherwise, unless there was a profit to be made. Fannie and Freddie invested in subprime and Alt A mortgages in order to increase profits and regain market share. Any impact on meeting affordable housing goals was a byproduct of the activity.”

In addition, OFHEO made it very clear to both enterprises that safety and soundness was always a higher priority than the affordable housing goals. They should not take on excessive risk in order to meet any one of the goals.”

Falcon almost gets this right, but his failure to understand the most destructive financial fraud mechanism leads him to miss what happened at Fannie and Freddie even with the benefit of hindsight.  His analytical failures exemplify OFHEO’s central analytical failure.  He is correct that only the exceptionally naïve could believe that Fannie and Freddie’s controlling officers based their business decisions on meeting the affordable housing goals.  He is grotesquely incorrect in assuming that their controlling officers only engaged in an activity if “there was a profit to be made.”  His error is bizarre given the fact that he had explained that Fannie’s controlling officers engaged in activity that caused large losses and then used accounting fraud to transmute real losses into fictional gains in order to maximize their bonuses.

Falcon is correct that Fannie’s controlling officers had “one primary purpose” at all times – “the speedy accumulation of personal wealth by any means.”  What he fails to understand is that accounting control fraud is a “sure thing” and that the formula for maximizing fictional income (and real bonuses) maximizes real losses.  Fannie and Freddie’s controlling officers “one primary purpose” was making themselves wealthy.  Accounting fraud was their “weapon of choice” to produce great wealth very quickly.  Purchasing large amounts of “liar’s” loans guaranteed that Fannie and Freddie would suffer massive losses.  Purchasing large amounts of subprime liar’s loans guaranteed that they would suffer catastrophic losses.  Liar’s (home) loans create such intense “adverse selection” that they have a sharply negative “expected value.”  In plain English, the purchaser will lose money.  It’s equivalent to betting against the House, except that the odds are so bad that the expected value is more negative than playing the lottery.  Liar’s loans can only fail to produce obvious severe losses temporarily while the bubble is expanding.  Refinancing hides the losses during the rapid expansion phase of the bubble.  The saying in the trade is that “a rolling loan gathers no loss.”  Bubbles, however, are only temporary and liar’s loans will begin blowing as soon as the bubble starts inflating, which can be over a year prior to the bubble bursting.

Fannie and Freddie’s CEOs chased higher nominal yields, not real “profit” for the firms.  Their strategy exemplified the logic of George Akerlof and Paul Romer’s famous 1993 article, captured in their title (“Looting: the Economic Underworld of Bankruptcy for Profit”).  The firm fails, but the controlling officers walk away rich because the frauds they lead produce fictional income and real bonuses.  (Akerlof and Romer’s use of the word “profit” is ironic.  It refers to gains to the controlling officers from fraudulent business strategies that cause fatal losses to the firm.)  Akerlof and Romer aptly termed the accounting control fraud strategy a “sure thing.”

Fannie and Freddie’s risk officers alerted their CEOs to the fact that nonprime loans were likely to produce far greater losses, that the rapid rise in home prices was temporarily suppressing default rates, and that the rapid rise in home prices could not continue indefinitely.  It is inconceivable that Fannie and Freddie did not know of the FBI’s September 2004 warning that there was an “epidemic” of mortgage fraud and their prediction that the fraud epidemic would cause an economic “crisis” if it were not contained.  Fannie and Freddie’s purchase of liar’s loans that cause severe losses overwhelmingly occurred after the FBI’s warning.  “The government” never required any entity to make or purchase liar’s loans.  Most of the liar’s loans that caused Fannie and Freddie’s severe losses were purchased after MARI’s five-part warning to the mortgage industry in April 2006.  “The Mortgage Asset Research Institute’s (MARI) EIGHTH PERIODIC MORTGAGE FRAUD CASE REPORT TO the MORTGAGE BANKERS ASSOCIATION.”  (It is inconceivable that Fannie and Freddie’s controlling officers, or OFHEO, were unaware of these warnings.  Louis Freeh, former head of the FBI, joined Fannie’s board of directors in mid-2007.)

MARI paired it first two warnings:

“Stated income and reduced documentation loans speed up the approval process, but they are open invitations to fraudsters. It appears that many members of the industry have little historical appreciation for the havoc created by low-doc/no-doc products that were the rage in the early 1990s. Those loans produced hundreds of millions of dollars in losses for their users.”

MARI’s third warning quantified the incidence of fraud in such loans.  It paired these data with its fourth warning dealing with the revealing label the industry used internally for such loans.

“One of MARI’s customers recently reviewed a sample of 100 stated income loans upon which they had IRS Forms 4506. When the stated incomes were compared to the IRS figures, the resulting differences were dramatic. Ninety percent of the stated incomes were exaggerated by 5% or more. More disturbingly, almost 60% of the stated amounts were exaggerated by more than 50%. These results suggest that the stated income loan deserves the nickname used by many in the industry, the “liar’s loan.””

MARI’s fifth warning reported the views of federal banking regulators.

Federal regulators of insured financial institutions have expressed safety and soundness concerns over these loans with lower documentation requirements and other “nontraditional” loans.

To summarize, MARI warned every member of the Mortgage Bankers Association (MBA) in writing in early 2006 that so-called “stated income” loans:

  1. Were “open invitations to fraudsters”
  2. Had produced hundreds of millions of dollars of losses when they became common in the early 1990s
  3. Had a fraud incidence of 90%
  4. Deserved the industry term for such loans:  “liar’s loans”
  5. Were opposed by federal banking regulators because of safety and soundness concerns

It was in this context that (1) lenders moved massively to increase their origination of fraudulent liar’s loans and to sell such loans through fraudulent “reps and warranties” (2) Fannie and Freddie (and their investment banker counterparts) moved massively to purchase these endemically fraudulent loans, and (3) OFHEO did nothing meaningful to prevent Fannie and Freddie from purchasing fatal amounts of fraudulent liar’s loans.

Fannie and Freddie (and the FHFA) still get it wrong

 

Indeed, even after the second wave of accounting control fraud caused the failure of Fannie and Freddie, OFHEO failed to end their perverse executive compensation practices.  Steve Linick, the FHFA’s Inspector General (FHFA is the successor agency to OFHEO) reported:

“Linick said the FHFA rejected his recommendation that it test and independently verify the annual pay packages, which are set by the boards of Fannie and Freddie and approved by the agency in consultation with the Treasury Department.

The FHFA “lacks key controls necessary to monitor the enterprises’ ongoing executive compensation decisions under the approved packages,” the inspector general wrote. “FHFA has neither developed written procedures to evaluate the enterprises’ recommended compensation levels each year, nor required FHFA staff to verify and test independently the means by which the Enterprises calculate their recommended compensation levels.”

Further, the agency “lacks independent testing and verification of the Enterprises’ submissions in support of executive compensation packages,” the report said.”

The federal “pay czar” heavily criticized all but one of the executive compensation plans submitted by the bailed-out firms still subject to special regulation.  Executive compensation is so typically perverse that it is one of leading causes of criminogenic environments for accounting control fraud.  The intellectual father of modern executive compensation, Michael Jensen, has decried the results, which he concedes includes rampant earnings manipulation.  Fannie and Freddie are simply the most expensive failures to date caused by accounting control fraud.

Matt Stoller: Why Ron Paul Challenges Liberals

By Matt Stoller, the former Senior Policy Advisor to Rep. Alan Grayson and a fellow at the Roosevelt Institute. You can reach him at stoller (at) gmail.com or follow him on Twitter at @matthewstoller.

The most perplexing character in Congress, ideologically speaking, is Ron Paul. This is a guy who exists in the Republican Party as a staunch opponent of American empire and big finance. His ideas on the Federal Reserve have taken some hold recently, and he has taken powerful runs at the Presidency on the obscure topic of monetary policy. He doesn’t play by standard political rules, so while old newsletters bearing his name showcase obvious white supremacy, he is also the only prominent politician, let alone Presidential candidate, saying that the drug war has racist origins. You cannot honestly look at this figure without acknowledging both elements, as well as his opposition to war, the Federal government, and the Federal Reserve. And as I’ve drilled into Paul’s ideas, his ideas forced me to acknowledge some deep contradictions in American liberalism (pointed out years ago by Christopher Laesch) and what is a long-standing, disturbing, and unacknowledged affinity liberals have with centralized war financing. So while I have my views of Ron Paul, I believe that the anger he inspires comes not from his positions, but from the tensions that modern American liberals bear within their own worldview.

My perspective of Paul comes from working with his staff in 2009-2010 on issues of war and the Federal Reserve. Paul was one of my then-boss Alan Grayson’s key allies in Congress on these issues, though on most issues of course he and Paul were diametrically opposed. How Paul operated his office was different than most Republicans, and Democrats. An old Congressional hand once told me, and then drilled into my head, that every Congressional office is motivated by three overlapping forces – policy, politics, and procedure. And this is true as far as it goes. An obscure redistricting of two Democrats into one district that will take place in three years could be the motivating horse-trade in a decision about whether an important amendment makes it to the floor, or a possible opening of a highly coveted committee slot on Appropriations due to a retirement might cause a policy breach among leadership. Depending on committee rules, a Sub-Committee chairman might have to get permission from a ranking member or Committee Chairman to issue a subpoena, sometimes he might not, and sometimes he doesn’t even have to tell his political opposition about it. Congress is endlessly complex, because complexity can be a useful tool in wielding power without scrutiny. And every office has a different informal matrix, so you have to approach each of them differently.

Paul’s office was dedicated, first and foremost, to his political principles, and his work with his grassroots base reflects that. Politics and procedure simply didn’t matter to him. My main contact in Paul’s office even had his voicemail set up with special instructions for those calling about HR 1207, which was the number of the House bill to audit the Federal Reserve. But it wasn’t just the Fed audit – any competent liberal Democratic staffer in Congress can tell you that Paul will work with anyone who seeks his ends of rolling back American Empire and its reach into foreign countries, auditing the Federal Reserve, and stopping the drug war.

Paul is deeply conservative, of course, and there are reasons he believes in those end goals that have nothing to do with creating a more socially just and equitable society. But then, when considering questions about Ron Paul, you have to ask yourself whether you prefer a libertarian who will tell you upfront about his opposition to civil rights statutes, or authoritarian Democratic leaders who will expand healthcare to children and then aggressively enforce a racist war on drugs and shield multi-trillion dollar transactions from public scrutiny. I can see merits in both approaches, and of course, neither is ideal. Perhaps it’s worthy to argue that lives saved by presumed expanded health care coverage in 2013 are worth the lives lost in the drug war. It is potentially a tough calculation (depending on whether you think coverage will in fact expand in 2013). When I worked with Paul’s staff, they pursued our joint end goals with vigor and principle, and because of their work, we got to force central banking practices into a more public and democratic light.

But this obscures the real question, of why Paul disdains the Fed (and implicitly, why liberals do not), and the relationship between the Federal Reserve and American empire.  If you go back and look at some of libertarian allies, like Fox News’s Judge Napolitano, they will answer that question for you. Napolitano hates, absolutely hates, Abraham Lincoln. He sometimes slyly refers to Lincoln as America’s first dictator. Libertarians also detest Woodrow Wilson, and Franklin Delano Roosevelt.

What connects all three of these Presidents is one thing – big ass wars, and specifically, war financing. If you think today’s deficits are bad, well, Abraham Lincoln financed the Civil War pretty much entirely by money printing and debt creation, taking America off the gold standard. He oversaw the founding of the nation’s first national financial regulator, the Office of the Comptroller of the Currency, which chartered national banks and forced them to hold government debt to back currency they issued. The dollar then became the national currency, and Lincoln didn’t even back those dollars by gold (and gold is written into the Constitution). This financing of the Civil War was upheld in a series of cases over the Legal Tender Act of 1862. Prior to Lincoln, it was these United States. Afterwards, it was the United States. Lincoln fought the Civil War and centralized authority in the Federal government to do it, freeing slaves and transforming America into one nation.

Libertarians claim that they dislike Lincoln because he centralized authority in the Federal government. Of course, there is a long reconstructed white supremacist strain that hates Lincoln because he was an explicitly anti-racist President, and they hate the centralized authority and financing power that freed the slaves and turned America increasingly into more racially equitable society. This strain can be exploited by the creditor class, who also disliked how slavery – which they saw as a property right rather than a labor and human rights issue – was destroyed by state power. History, of course, has a nasty way of mocking us about long-held fights we thought were over. The conflict between labor/human rights and property rights continues today. Or as Carl Fox said in the movie Wall Street, “The only difference between the Pyramids and the Empire State Building is the Egyptians didn’t allow unions.” Without even getting into globalization, prison labor legally makes body armor, as well as products for victoria’s Secret, Starbucks, and Microsoft. State centralized power can prioritize labor rights over property rights, and for this reason, creditors are wary of it.

On to Woodrow Wilson. Wilson signed the highly controversial Federal Reserve Act in 1913; originally, the Federal Reserve system was supposed to discount commercial and agricultural paper. Government bonds were not really considered part of the system’s mandate. But what happened the next year? Yes, World War I. And Wilson, who ran on the slogan “he kept us out of war” in 1916, started a long tradition of antiwar Democratic Presidents who took America to war (drawing the ire of among others Helen Keller, but garnering the support of union leader Sam Gompers who argued it was a “people’s war”). Wilson also implemented a wide variety of highly repressive authoritarian measures, including the Palmer Raids, the Espionage Act of 1917, and the use of modern PR techniques by government agencies. For good measure, Wilson was an unreconstructed white supremacist (even a bit out there for the time) and sent many antiwar opponents to jail. In the monetary arena, Wilson’s new Federal Reserve system began discounting government bonds. Like Lincoln, he had set up a tremendous war financing vehicle to centralize capital flows and therefore, political authority. In many ways, Wilson set up the rudiments of America’s police state, and did so arguably to help a transatlantic Anglo-American banking elite. Here, one can argue that libertarians are wary of centralized financing and political authority for liberal reasons – the ACLU was founded after the Palmer raids.

And finally, we come to Franklin Delano Roosevelt. Roosevelt’s Fed is a bit more complex, because he did centralize monetary authority using wartime emergency powers, but he did so in peacetime. FDR abrogated gold clause contracts, seized the domestic supply of gold, and devalued the currency. He constrained banks with aggressive regulation and seizures of insolvent banks, saving depositors with the Reconstruction Finance Corporation. He also used the RFC to set up much of what we know today as the Federal government, including early versions of disaster relief, small business lending, massive bridge and railroad building, the FHA, Fannie Mae, and state and local aid. Eventually, the government used this mechanism to finance college and housing for veterans with the GI Bill. Since veterans were much of the population right after World War II, effectively this was the first ever near-national safety net. FDR also fused the liberal and union establishments with the corporate world, creating the hybrid “military-industrial” complex that is with us to this day (see Alan Brinkley’s “End of Reform” for a good treatment of this process).

Later, this New Deal financing apparatus was used to finance the munitions industry and America’s role in World War II. At one point, the RFC owned eight war material producing subsidiaries, including the synthetic rubber industry. Importantly, FDR had the Fed working for him. The Fed kept interest rates pegged at an interest rate set by Treasury, and used reserve requirements to manage inflation. This led to a dramatic drop in inequality, and unemployment sank to 1% during World War II. In 1951, the Fed, buttressed by what Tom Ferguson calls “conservative Keynesian” corporate leaders, broke free of this arrangement, under the Treasury-Fed Accord, leading to the postwar monetary order. That accord is where the vaunted “Federal Reserve Independence” came from.

Now, if you’re a libertarian, and you believe that centralized power is dangerous, then it’s obvious that state control over finance and mass mobilization of social resources for warfare or other ends are two sides of the same coin. If you fear social spending, you could also be persuaded to believe that any financing mechanism for mass social spending is problematic. Creditors might just dislike the possibility of any state power centers that could challenge their hegemony and privilege labor/human rights over their property rights, though they do support captive state systems they control. If you are a white supremacist, centralized power can easily be viewed as a threat to racial homogeny, since historically it has acted as such in the past. But if you are against war, or you believe that a centralized state is likely to act in an unjust or repressive manner (as it also has in the past), then war financing is a reasonable target.

Modern liberalism is a mixture of two elements. One is a support of Federal power – what came out of the late 1930s, World War II, and the civil rights era where a social safety net and warfare were financed by Wall Street, the Federal Reserve and the RFC, and human rights were enforced by a Federal government, unions, and a cadre of corporate, journalistic and technocratic experts (and cheap oil made the whole system run.) America mobilized militarily for national priorities, be they war-like or social in nature. And two, it originates from the anti-war sentiment of the Vietnam era, with its distrust of centralized authority mobilizing national resources for what were perceived to be immoral priorities. When you throw in the recent financial crisis, the corruption of big finance, the increasing militarization of society, Iraq and Afghanistan, and the collapse of the moral authority of the technocrats, you have a big problem. Liberalism doesn’t really exist much within the Democratic Party so much anymore, but it also has a profound challenge insofar as the rudiments of liberalism going back to the 1930s don’t work.

This is why Ron Paul can critique the Federal Reserve and American empire, and why liberals have essentially no answer to his ideas, arguing instead over Paul having character defects. Ron Paul’s stance should be seen as a challenge to better create a coherent structural critique of the American political order. It’s quite obvious that there isn’t one coming from the left, otherwise the figure challenging the war on drugs and American empire wouldn’t be in the Republican primary as the libertarian candidate. To get there, liberals must grapple with big finance and war, two topics that are difficult to handle in any but a glib manner that separates us from our actual traditional and problematic affinity for both. War financing has a specific tradition in American culture, but there is no guarantee war financing must continue the way it has. And there’s no reason to assume that centralized power will act in a more just manner these days, that we will see continuity with the historical experience of the New Deal and Civil Rights Era. The liberal alliance with the mechanics of mass mobilizing warfare, which should be pretty obvious when seen in this light, is deep-rooted.

What we’re seeing on the left is this conflict played out, whether it is big slow centralized unions supporting problematic policies, protest movements that cannot be institutionalized in any useful structure, or a completely hollow liberal intellectual apparatus arguing for increasing the power of corporations through the Federal government to enact their agenda. Now of course, Ron Paul pandered to racists, and there is no doubt that this is a legitimate political issue in the Presidential race. But the intellectual challenge that Ron Paul presents ultimately has nothing to do with him, and everything to do with contradictions within modern liberalism.

Public Money for Public Purpose: Toward the End of Plutocracy and the Triumph of Democracy – Part V

By Dan Kervick, a PhD in Philosophy and an active independent scholar specializing in the philosophy of David Hume who also does research in decision theory and analytic metaphysics. Cross posted from New Economics Perspectives.

Where We Can Go from Here

I have asked the reader to follow me through a lengthy series of reflections and thought experiments on the nature and role of money in modern economies.   Some might ask why this issue is so important.  How can these ruminations on the nature of modern monetary systems help guide our thinking on the task of building a more fair and decent society of democratic equals?   How can they help us create a society in which democratic solidarity trumps self-regarding and avaricious greed, and in which broad and shared prosperity replaces the concentrated economic privilege and supremacy of the few?

It is important to keep the political problem of money in proper perspective.  No one needs to be reminded that money plays an incredibly significant role in modern societies.  But it is also important not to overrate the role of money.  The most important reason to reflect on the nature of money is that by doing so we better understand all those things that are not money, all of the sources of real and non-instrumental value in the world that are the ultimate ends we seek and the ultimate sources of our happiness.  And as we improve our understanding of the purposes served by money and monetary systems, our improved understanding can help liberate us from our dependency on monetary systems controlled by the powerful.

Clearly money is just an instrument:  a tool that helps us to organize our economic lives.  It is used for assigning quantitative values to the real goods and services we produce.  It assists in the production, distribution and exchange of those goods and services, and in the prudent storage of value and purchasing power over time.   A monetary system cannot be separated from the larger economic and social order of which it is a part.   A more democratic monetary system will therefore be part of a more democratic economic system and a more democratic society.

The cause of genuine democracy will, of course, require steps that go well beyond reform of the monetary system.  If we seek a more democratic society, one in which decision-making power over our everyday lives and common futures is more evenly distributed among all of our people, it will be necessary for all of us to embrace the demanding responsibilities of democratic governance.   This can be hard to do in the face of so many decades of governmental failure, where government itself has sometimes seemed to have become nothing but a tool of the plutocracy.  Some of the tendency in recent history among dissidents and reformers has been to pull away from one another other rather than pull together.  Some of us hope only to liberate ourselves from government and from one another in order to be left alone to pursue our individual happiness on our own terms.

This thoroughly individualistic approach cannot succeed. The cravings for ever more personal freedom, and for ever more liberation from the responsibilities of democratic government, will only lead to the eventual dissolution of democratic government and the triumph of authoritarianism.  Either we work together as equals to govern our lives and govern our societies, or ambitious and ruthless people commanding great stores of wealth will take advantage of the vacuum to seize control and govern our societies for us.   The urge for freedom is natural and praiseworthy, but the dream of a real and durable freedom that can exist outside the cooperative efforts of a democratic people practicing vigilant and industrious democratic governance is not the dream of a free people, but the twilight illusion of a defeated and alienated people who have given up on the kinds of freedom and well-being that can only be achieved through social solidarity and teamwork.

In the end, we are dependent and social creatures, built by nature for social and community life, and for relationships based on love, fellowship and friendship.

We have been living in recent decades through an anti-social era of greed, separation and inequality.   Those of us who have lived this way for a long time might have become accustomed to the norms and practices of this era, and might even have convinced ourselves that these norms and practices are appropriate and healthy.   But the rising generation of young people, whose natural and healthy sociality and friendliness has not yet been too damaged and disfigured by the ruthless demands of the system of greed know that something  is wrong.  They know that our present way of economic life is disordered and out of balance.

The anti-social era has been marked by a fatalistic passivity in the face of unregulated commerce and market behavior.    But the forlorn era of low social expectations is dying; we can feel it.   People are tired of being on their own.   The defeatist dogma about social change characterizing this dying era is that we can’t choose our society’s future, because people are too weak and stupid and selfish and limited for collective effort to succeed on a large scale.  The future can onlyemerge in an entirely unpredictable fashion from the crisscrossing patterns of individuals pursuing their own personal goals without any significant degree of social cooperation or coordination.   The result of this trend in thinking has been a withering of the social imagination and the enfeeblement of the democratic practices of our people.

In the neoliberal world of the past few decades, politics has become small, unambitious and managerial.   This dispirited managerial government presides over a society in which pathologies of social living are promoted as virtues: radical individualism, greed, ambitions of supremacy, cravings for isolation, hatred of community, and a debasement of healthy human relationships into commercial and exploitative transactions come to be seen as normal.   But the gloomy religions of self-seeking isolation are not just debilitating; they are dispiriting.  As David Graeber has written, “the last thirty years have seen the construction of a vast bureaucratic apparatus for the creation and maintenance of hopelessness, a giant machine designed, first and foremost, to destroy any sense of possible alternative futures.”

The fading era of market fundamentalism and hyper-individualism was trumpeted as the “end of history.”   But history is starting up again.   In the shadow of the current recession, we are beginning to recapture the optimistic sense that the future is something we can envision and choose.  We can work to build a social consensus about the future we want, make large and ambitious choices about the shape of that future and then work with one another in the task of creating the future we have envisioned.   We need not sit back, wait, and just see what turns up.  The possibility of a mass democratic movement for profound social change begins with the recognition that the machine of despair is a lie, and that success is actually possible.

It is starting.   People all over the world, frustrated by the dismal and meaningless pursuit of individual achievement and material gain alone without larger social purpose, and fatigued by the insecurity, stresses and manic busyness that afflict the neoliberal individual, are reaching out to re-forge the social contract, establish a new sense of justice based on teamwork and equality, and articulate visions of the human future that are a match for the inherent human dignity we sense in ourselves and recognize in our fellows.   The world that we have passively allowed to be built around us by commercial frenzy devoid of higher purpose is an assault on that dignity.

It is notable and inspiring that as the Occupy Wall Street movement took shape around the United States and other parts of the world, the participants in the occupations organized themselves as communities of equals, in which every voice is equally prized and harmonious consensus is avidly sought.  The hunger for democratic community and self-determination is palpable.  This is not the laissez faire form of self-determination, in which each individual strives only to determine the course of one individual life, but a more encompassing phenomenon, in which people strive to build and sustain communities and then work together as equals in order to make well-founded, democratic decisions to determine the direction of the community.   It’s hard work.    But the work is inspiring and ennobling, and people are naturally drawn to it.

In both the United States and Europe, policy-making elites – whose allegiances are to the plutocrats who are responsible for funding and sustaining the political operations of these elites – are aggressively working to take advantage of the stress and confusion caused by the present global economic crisis to dismantle progressive social systems.  They are targeting systems of public ownership and organized social cooperation, and are working to undermine the capacity for democratic governance.   For the very wealthy, democratic governments represent nothing but competitors.   These governments have sometimes acted in the past to diminish some of the formidable power the wealthy would otherwise possess over entire societies, and they sometimes even strip them of some of the wealth that they have earned from the sweat of others.  Plutocrats would like nothing better than to put real democracy out of business, and to leave behind nothing but a toy facsimile of democracy – something like a high school student government that is allowed to engage in a little democratic role-playing inside an adult social institution that the students really don’t control.

So the plutocrats have put out a stark and coordinated message through the media channels they control, and through the opinion-leaders they own and influence.  It is a message designed to invoke fear and panic, and to achieve democratic surrender:   The message is that we are out of money, that our governments are bankrupt, that they must opt for austerity and downsizing and contraction, and that we must hand over even more decision-making to bankers, bond markets and technocrats – the functionaries of the plutocracy.
This message is preposterous.   Societies build their futures and common wealth out of the real resources they possess, not out of money.  Money is only a tool, and it is the simplest and most inexpensive tool we can make.   Modern democracies are very rich in human, material and technological resources.   We are not “out of” anything important of real and fundamental value.  The plutocrats might be out of ideas; and they are running out of time.   But the democratic peoples over whom the plutocrats are trying to reassert control are only out of patience with the plutocracy.

And this brings us back to the issue of monetary democracy.  The time has come to consider some specifics:  What role can money play in building a more democratic society?  How should we organize our monetary system so that the public’s money is ruled by the public and made to serve public purposes, and is not instead perverted into an instrument that primarily serves plutocrats in their drive to rule over the public?   In the final installment in this series I will propose six tasks for democratic economic reform, each of which has some dependence on the democratic reform of our monetary system.

Links 12/29/11

Matt Stoller is a fellow at the Roosevelt Institute.  You can follow him on twitter at http://www.twitter.com/matthewstoller.

China Eclipses US as Top IPO Venue (Financial Times)  American banks sad.  Aww.

Euro Swan Dive Splashes Santa (Credit Writedowns) American banks even sadder.

Successful Italy bond auction lifts mood (Financial Times)  American banks happy again!  Cocaine for everyone!

Why America Can’t Afford Its Military (Counterpunch) h/t May S

MF Global Scrutinized on Money Moves (NYT Dealbook)

Rare Asian Bird Takes “Wrong Turn”, Lands in Tennessee (Reuters h/t May S)

Putin Softens Stance Towards Protesters (Financial Times)  Someone’s taking active listening courses.  Vladimir, is that you?

Middle-aged borrowers piling on student debt (Reuters, h/t Robert)

Big Funds Build Case for Housing (Wall Street Journal)  Some big hedge funds are beginning to bet on a housing turnaround.  Calculated Risk notes that residential investment was a net positive to GDP in 2011.  And I’m seeing more and more pretty charts on the interwebs showing that there has been population growth and no home building for three or four years, so maybe there’s pent up demand ready to rock and roll.  On the other hand, there was essentially no homebuilding from 1931 all the way to 1945, which is, let me see, 14 years (I can add, take THAT economists.) And then pent up demand really exploded, but that was also because of the massive new liquidity of the American middle class and rising wages.  It’s not just new household formation, guys.  But then, you knew that, else you wouldn’t be billionaire hedge fund managers, right?  Except for you, John Paulson.  Go sit in a corner.

Lure of Chinese Tuition Squeezes Out Asian-Americans (Bloomberg) Foreigners are paying a ton to study at American universities, crowding out space that should go to Americans.  Wow, where to start?  There’s so much wrong with [head explodes]

US shells out record for peanuts (Financial Times) Yeah, that headline is perfect.  I can now die and say I lived a full life.

Why Is Finance So Complex? (Interfluidity)  I don’t really agree with the premise, but it’s interesting and that is one of my absolute favorite blogs.

Why You Shouldn’t Curse at Work (Bloomberg Businessweek)

The 99% Choir Goes Christmas Caroling (Firedoglake)

Rick Santorum Support Triples in Iowa (The Guardian)  And auction 2012 continues…

The Same Picture of Dave Coulier Every Day (Tumblr)  Not political or finance-related, just hilarious.

Chavez: U.S. May Be Behind Leaders’ Cancer (Bloomberg) Apparently a bunch of Latin American leaders have been getting odd forms of cancer.

“Fidel always tells me, ‘Chavez be careful, they’ve developed technology, be careful with what you eat, they could stick you with a small needle,’” the Venezuelan leader said today. “In any case, I’m not accusing anyone, I’m just using my freedoms to reflect and issue comments on very strange events that are hard to explain.”

What a passive aggressive way to accuse the US of giving you cancer!  Come on, you can do better than that as foreign policy villain du jour.  Oh wait, today that’s the Iranian mullahs.  Never mind, you’re just an amusing sideshow.  Chavez, you are adorable!  You just stamp your wittle feet and blame your cancer on the American State Department or CIA or whoever.

The Fat Trap (New York Times)

Next up for sale in Florida: the naming rights to public school cafeterias? (The Buzz)  I grew up in Florida, and I’ve always been impressed by the level of both greed, incompetence, and tackiness the state’s politicians can cook up.  This one’s right up there.  You go Florida, hold your head up high.

Spanish mortgage market continues to collapse (Trust Your Instincts)  At this point austerity is like a guy who says “GuyWhoWantsToBePunchedInTheFaceSaysWhat”.  And of course you say what.  And by “you”, I mean all of Europe.  And by, ok, this is a terrible metaphor.  Let’s move along.

20% of Irish mortgage holders behind on their payments (Trust Your Instincts)  More proof that austerity works, this time with a cute Irish accent.  Don’t tell me you are super-depressed and behind on your mortgage, sing me a limerick!

January 16, Occupy Plans to Honor Martin Luther King by Occupying Federal Reserve Banks (OWS News)

The Era of the Ron Paul Newsletters Isn’t Even Past (Rortybomb)

Alan Grayson Speaks Up for… Mitt Romney? (Dailykos)

Caught On Tape: Clerk Punches, Knocks Out Armed Robbe: Clerk Then Makes Suspect Clean Up His Own Blood (WYFF 4) Ewww.  But you will click.

The coming war on general computation (28C3, h/t BoingBoing)

Iran unlikely to block oil shipments through Strait of Hormuz, analysts say (Washington Post)

Pentagon trimming ranks of generals, admirals (Washington Post)

Women Laughing “Alone” With Salad, the Halloween Costume (The Hair Pin)

My Political Prediction for 2012: It’s Obama-Clinton (Bob Reich)  - Yeah, ok, Bob.  Reich’s one of those people I call “bad good guys”.  He seems like he’s on your side, but his work in the 1990s to push NAFTA through was absolutely devastating to the middle class, and the roots of his thought are essentially neoliberal in nature (especially the globalization crap).  I could be persuaded otherwise on Reich, but I’ve never seen him admit his support for NAFTA was wrong.

And the antidote du jour

“Summer” Rerun: Why Big Capital Markets Players Are Unmanageable

This post first appeared on July 8, 2009

John Kay comes perilously close to nailing a key issue in his current Financial Times comment, “Our banks are beyond the control of mere mortal” in that he very clearly articulates the problem very well but then draws the wrong conclusion:

At Oxford university, I often hear people say there is nothing wrong with the system: the problem is the vice-chancellor/master/bursar/ university officials. And, in a sense, they are right. If the vice-chancellor had the wisdom of Socrates, the political skills of Machiavelli and the leadership qualities of Winston Churchill, not to mention the patience of Job, he or she would be very likely to be able to fulfil the conflicting demands of the post. But such paragons are few and far between. In the meantime we must try to find structures that can be operated by ordinary mortals.

In the same way, the claim that the fault with the banking system lies not with the structure of banks but with the boards and executives that claimed to run them is both correct and absurd…if the failures are both as widespread and as persistent as it appears, the problem is in the job specification rather than with the incumbent. If you employ an alchemist who fails to turn base metal into gold, the alchemist is certainly a fool and a fraud but the greater fool is the patron.

The bank executives pilloried by the UK’s Treasury select committee of MPs were all exceptional people. The vilified Sir Fred Goodwin was an effective manager who had slashed through the National Westminster bureaucracy and revived a failing institution – a task that had defeated many able men before him. His chairman, Sir Tom McKillop, offered experience and ability that met every possible specification for such a role in a big international corporation. As chairman of HBOS, Lord Stevenson was Britain’s supreme networker. This skill is a particularly valuable attribute in an environment where the essence of banking is to extract very large sums of taxpayers’ money while giving as little as possible in return. His chief executive, Andy Hornby, was criticised for being a retailer. But Halifax, half of HBOS, needed retail expertise. The only thing it needed to know about complex securitised products was that there was no good reason to buy them.

Like Sir Fred, Sir Tom, Lord Stevenson and Mr Hornby, most of the people who sat on the boards of failed banks were individuals whose services other companies would have been delighted to attract…

The hapless four were criticised for their lack of banking expertise but it is, in fact, not clear what modern banking expertise is. The world of modern banking requires all the skills of these gentlemen, plus some others, and no one can expect to have all these attributes.

It has been said of Jamie Dimon (who does not have a banking qualification) that his dominance exists because at every meeting all the participants know that he could do each of their jobs better than they could. But the business world cannot operate at all if it can operate only with individuals of the calibre of Mr Dimon. Better, as so often, to follow an aphorism of Warren Buffett’s: invest only in businesses that an idiot can run, because sooner or later an idiot will.

Our banks were not run by idiots. They were run by able men who were out of their depth. If their aspirations were beyond their capacity it is because they were probably beyond anyone’s capacity. We could continue the search for Superman or Superwoman. But we would be wiser to look for a simpler world, more resilient to human error and the inevitable misjudgments. Great and enduringly successful organisations are not stages on which geniuses can strut. They are structures that make the most of the ordinary talents of ordinary people.

The problem is Kay is applying traditional managements structures to investment banking, Even though these entities may have substantial retail arms and bank charters, the area that poses the management challenge is the capital markets businesses. And he makes a dangerous, erroneous assumptions: that mere mortals, meaning generalists, can run these businesses. That is bogus.

What makes capital markets businesses different from any other form of enterprise I can think of is the amount of discretion given of necessity to non-managerial employees, meaning traders, salesmen, investment bankers, analysts. In pretty much any other large scale business, decisions that have a meaningful bottom line impact (pricing, new sales campaign, investment decision) are deliberate affairs, ultimately decided at a reasonably senior level. The discretion that customer-facing staff have in pretty much any business in limited. At what level does someone have the authority to negotiate a contract? And even then, how many degrees of freedom do they have?

By contrast, think how many decisions traders and salesmen in capital market firms make in a day, and their potential bottom line impact (though experiment: how much damage could a truly vindictive trader do in a day or a week, if he decided to blow up his employer?) Investment bankers work over longer time frames, and like many normal businesses, have a lot of things routinized so as to make them more efficient, but it also limits their latitude (standard forms for many types of client agreements, standard pitch book formats, etc). However, unlike “normal” businesses, a frequent activity in investment banking is creating new products, often in a very ad-hoc way, with teams with relevant skills thrown together to try to push something through. The politics are often sharp-elbowed, but people are too pragmatic to let turf issues interfere with getting a new deal launched).

The approach for managing these businesses in the days of partnerships, when the owners were personally liable for losses, was to have small units with partners running them who knew the business and could oversee it properly. Effectively you had four layers: associate/analyst (the college kids, the analysts, did pretty much the same stuff the associates did, who usually had MBAs, except the MBAs got to go to client meetings more often), VPs, and partners, but some of the more senior partners were department heads in units that also had partners (who’d manage either people on their desks, if traders of salesmen, or if in investment banking, had accounts and various VPs and associate types working on each client). But those department heads had also grown up in the business, and were still active in it. Heads of significant departments in turn would be on an executive committee, a part-time role.

The problem with this model is it starts to come under strain when the partner group gets too large. And OTC markets have strong network effects, so having bigger market share confers a competitive advantage. And now there are high minimum scale requirements for being in the business. You need to be in all major times zones with a pretty broad product array. all kinds of back office support, all kinds of IT for risk management, communications, position management…

So the scale of operation required to be competitive is too large for it to be managed by player-coaches who had deep expertise, and like the Dimon example, were more expert than the people working for them. But the normal corporate/commercial banking management structure, with more managerial layers, and the top brass having broader spans of control, was devised in earlier stages of industrial organization, when you had factories or service business with a great deal of routinization of worker and middle manager tasks. Traditional commercial banks are on the same factory format. They handle large volumes of very simple, standard transactions with a high degree of control and oversight. That’s a big reason why it took commercial banks over 15 years to make meaningful headway against investment banks. Although regulations were an issue, the bigger barrier was the radical difference between the two management cultures. There was no regulatory barrier to commercial banks offering mergers & acquisitions, for instance, but they were lousy at that for a very long time.

So Kay is effectively asking for a traditional commercial banking model, businesses “that make the most of the ordinary talents of ordinary people”. There are businesses like that in banking, but they are mainly in retail banking and corporate lending. If you want that world, you need a far more radical change in the industry than anyone is contemplating now. You’d need to go to the world that Taleb advocates, From a list of his ten suggestions:

4. Do not let someone making an “incentive” bonus manage a nuclear plant – or your financial risks. Odds are he would cut every corner on safety to show “profits” while claiming to be “conservative”. Bonuses do not accommodate the hidden risks of blow-ups. It is the asymmetry of the bonus system that got us here. No incentives without disincentives: capitalism is about rewards and punishments, not just rewards.

5. Counter-balance complexity with simplicity. Complexity from globalisation and highly networked economic life needs to be countered by simplicity in financial products. The complex economy is already a form of leverage: the leverage of efficiency. Such systems survive thanks to slack and redundancy; adding debt produces wild and dangerous gyrations and leaves no room for error. Capitalism cannot avoid fads and bubbles: equity bubbles (as in 2000) have proved to be mild; debt bubbles are vicious.

6. Do not give children sticks of dynamite, even if they come with a warning . Complex derivatives need to be banned because nobody understands them and few are rational enough to know it. Citizens must be protected from themselves, from bankers selling them “hedging” products, and from gullible regulators who listen to economic theorists.

If we can’t shut down credit default swaps, which the more I dig, the more I see they had a very direct role in the meltdown CDS on subrprime mortgages started in 2004, and there is a longer form gloss as to how that played a major role, if not the key role, in the superheated demand for “product” particularly subprime, in the manic phase of the credit bubble), we will never get to a world like the one Kay wants to see, or at least not until we hopelessly break the one we have now.

Guest Post: The Tide Is Turning Against SOPA … And We Might Actually Succeed In Stopping It

Washington’s Blog

Is the Tide Turning on SOPA?

While a short week ago the Internet censorship bill – SOPA – looked certain to pass, the tide appears to be quickly turning.

Politico notes today:

The conservative and liberal blogospheres are unifying behind opposition to Congress’s Stop Online Piracy Act, with right-leaning bloggers arguing their very existence could be wiped out if the anti-piracy bill passes.

“If either the U.S. Senate’s Protect IP Act (PIPA) & the U.S. House’s Stop Online Piracy Act (SOPA) become law, political blogs such as Red Mass Group [conservative] & Blue Mass Group [liberal] will cease to exist,” wrote a blogger at Red Mass Group.

***

“Some good news on the SOPA front: Its corporate base of supporters is starting to crumble,” David Dayden wrote at Firedoglake. “GoDaddy is not alone. Scores of law firms are requesting their names be removed from the Judiciary Committee’s official list of SOPA supporters.”

In the blogosphere, the trajectory of the bill seemed set — that it is destined for failure if the pressure of the online community is kept up.

“The dynamic is clear. Once SOPA — and its Senate counterpart, Protecting IP Act, or PIPA — became high-profile among the Internet community, the lazy endorsements from companies and various hangers-on became toxic. And now, those supporters are scrambling, hollowing out the actual support for the bill. Suddenly, a bill with ‘widespread’ corporate support doesn’t have much support at all,” Dayden said.

Conservatives took a slightly different tact, though with similar disdain for the anti-piracy measures.

Indeed, blogger Erick Erickson said that he would encourage a primary for any Republican who supports the bill.

“I love Marsha Blackburn. She is a delightful lady and a solidly conservative member of Congress. And I am pledging right now that I will do everything in my power to defeat her in her 2012 reelection bid” due to her co-sponsorship for SOPA, Erickson wrote at RedState. “Congress has proven it does not understand the Internet. Perhaps they will understand brute strength against them at the ballot box. If members of Congress do not pull their name from co-sponsorship of SOPA, the left and right should pledge to defeat each and every one of them.”

Digital Journal reports:

The legislation, which many are suggesting is nothing less than censorship of Internet content and an assault on free speech, has brought many disparate groups together for the first time, such as … the Heritage Foundation and Beregrond, a Libertarian website.

***

Several Washington D.C. law firms and lobbying groups were added to a list of corporate supporters by mistake and those who were willing to speak on the record were decidedly unhappy with the House Judiciary Committee. “It’s just incorrect. The firm has no position on SOPA,” Davis Wright Tremaine LLP spokesman Mark Usellis stated to Politico.

Even the White House is looking toward opposing the bill, with a petition on the White House website to veto the bill if passed by Congress. The petition needed 25,000 signatures and so far it has 43,351.

Time to redouble our efforts … the tide may be turning, and we have a chance of winning.

Bill Black: What if the SEC investigated Banks the way it is investigating Mutual Funds?

Bill Black, the author of The Best Way to Rob a Bank is to Own One and an associate professor of economics and law at the University of Missouri-Kansas City. Cross posted from New Economic Perspectives.

The Wall Street Journal ran a story yesterday (12/27/11) entitled “SEC Ups Its Game to Identify Rogue Firms.” “Rogue” is an interesting word with a range of definitions. When it is used as an adjective its meaning is: “a playfully mischievous person; scamp.” The trivialization of the most destructive elite frauds is one of the most common forms of what criminologists call “neutralization” of the moral content of wrong doing. Neutralization increases crime.The actual story makes it clear that the criminals that the SEC was identifying were not “rogues.” They were the CEOs of seemingly legitimate firms. The SEC is identifying “accounting control frauds” – the frauds that cause greater financial losses than all other forms of property crime combined. The SEC is not identifying a few rotten apples, but roughly 100 hedge funds likely to have engaged in accounting fraud. The WSJ describes the SEC’s identification system:

“The list is the low-tech product of a high-tech effort by the SEC to crack down on fraud at hedge funds and other investment firms. After the agency failed to detect the $17.3 billion Ponzi scheme by Bernard L. Madoff, who wowed investors with steady returns over several decades, SEC officials decided they needed a way to trawl through performance data and look for red flags that might signal a possible fraud.

In 2009, the SEC began developing a computer-powered system that now analyzes monthly returns from thousands of hedge funds. Officials won’t say exactly how it works or how much it cost to build, but the agency has announced four civil-fraud lawsuits filed as a result of what it calls the “aberrational performance initiative.”” The SEC should be applauded for finally understanding that “if it’s too good to be true; it probably isn’t true.” Our agency put a similar system in place in 1984 to identify the S&L accounting control frauds that were driving that crisis. A quarter-century later, the SEC began to follow our well-trodden trail – but only with regard to felons inhabiting the middle of the fraud food chain (hedge funds).

The SEC has, inevitably, discovered that accounting fraud is common among hedge funds. It is unlikely that the SEC system is really “high-tech” in information science terms. Low-tech information systems have been capable of identifying “aberrational performance” for at least thirty years. We did not have to create any pioneering software in 1984 in order to identify aberrational performance. The cost and time to create our “red flags” was trivial (a few hours of programming time by an agency staffer). (We were collecting the data and computing the necessary ratios anyway. One simply decides the level of a few key variables worthy of being flagged. There’s nothing magic about a “flag.” All it means is that suspicious levels are highlighted on the computer screen and on physical copies of the periodic reports so that they capture the reader’s attention.)

The SEC took two years to create its “aberrational performance” system and is embarrassed enough about the cost that it wants to keep it secret. The two year development process allowed the SEC to make a major advance relative to our system – they invented a title consisting of two words and eight syllables. Devising a title that recondite doubtless accounts for six months of the time it took the SEC to develop its flags.

The most interesting aspects of the WSJ story, however, are two unexamined topics that should have been central to the story. First, there is not a word in the article about criminal prosecutions for the frauds the SEC has identified. The frauds, as described in the article, are so blatant that they would make relatively simple to prosecute. There is no indication that the SEC wanted the WSJ to know that they had made well over a hundred criminal referrals against hedge fund CEOs and senior officers. There is no indication that the WSJ reporters were interested in whether the SEC had made criminal referrals against these moderately elite felons. As a result, we have no information on whether the SEC has in fact made hundreds of criminal referrals against the senior officers at the hedge funds that they have identified as having engaged in likely fraud. Indeed, we have no evidence that they have made any criminal referrals. Neither the SEC nor the WSJ reporters indicated that any prosecutions, or even Department of Justice investigations, resulted from the SEC hedge fund investigations.

Second, why isn’t the SEC’s top priority the systemically dangerous institutions (SDIs)? The SDIs are the financial institutions that are so large that the administration fears that their failure will cause a new global crisis. The SDIs pose by far the greatest risk to the economy and investors of any entity. Their frauds reached “epidemic” proportions and drove our ongoing crisis and the Great Recession. The SEC, however, applied its “aberrational performance” system to its smallest entities and is now expanding it to mutual funds. There is no indication that the SEC intends to use the system to spot fraudulent SDIs. There is no indication that the SEC has even contemplated using the system to spot fraudulent SDIs. There is no indication that the WSJreporters asked why the SEC was failing to use its system where it was most needed.

Applying the SEC system to the SDIs would have led the SEC to develop a more sophisticated analytical approach to identifying fraud. There is no indication that the SEC has any familiarity with the criminology, economics, and regulatory literature about how to identify accounting fraud. Admittedly, the SEC (finally) has taken seriously the warning that generations of parents have impressed upon their children – “if it’s too good to be true; it probably isn’t true.” The Achilles’ heel of the SEC analytics is that it assumes fraud must be aberrational and its flags are (at least as described in the story) all tied to identifying aberrations premised on the implicitassumption that fraud cannot be endemic. The SEC official told the WSJ reporter that they looked for “outliers.” Accounting control fraud, however, can become endemic, particularly in a product line, because it produces a “Gresham’s dynamic” in which bad ethics drives good ethics out of the market. Accounting control frauds report results that are too good to be true, but they all report extraordinary results because accounting fraud is a “sure thing” (George Akerlof and Paul Romer, “Looting: the Economic Underworld of Bankruptcy for Profit, 1993). Accounting control fraud was far more common among the SDIs than the SEC system has identified among hedge funds.

Why Is The Term “Financial Repression” Being Sold?

Matt Stoller is a fellow at the Roosevelt Institute.  You can follow him on twitter at http://www.twitter.com/matthewstoller.

Over the past few months, the concept of “Financial Repression” has come into the lexicon and is increasingly used to describe a possible set of government strategies that constrains the financial sector.  Economists Carmen M. Reinhart and M. Belen Sbrancia reintroduced it with this paper, explaining that the public debts accrued during the financial crisis might be reduced through such strategies.

Historically, periods of high indebtedness have been associated with a rising incidence of default or restructuring of public and private debts. A subtle type of debt restructuring takes the form of “financial repression.” Financial repression includes directed lending to government by captive domestic audiences (such as pension funds), explicit or implicit caps on interest rates, regulation of cross-border capital movements, and (generally) a tighter connection between government and banks. In the heavily regulated financial markets of the Bretton Woods system, several restrictions facilitated a sharp and rapid reduction in public debt/GDP ratios from the late 1940s to the 1970s. Low nominal interest rates help reduce debt servicing costs while a high incidence of negative real interest rates liquidates or erodes the real value of government debt. Thus, financial repression is most successful in liquidating debts when accompanied by a steady dose of inflation. Inflation need not take market participants entirely by surprise and, in effect, it need not be very high (by historic standards).

In other words, financial repression means doing things rentiers hate, like preventing them from moving their capital anywhere in the world at a moment’s notice, stopping them from engaging in predatory lending and usury, directing investment to national priorities (like public investment, war, health care and education, a safety net, etc), and regulating banks so they don’t become casinos.  Keynes called the process of reducing the return on capital “the euthenasia of the rentier and consequently, the euthanasia of the cumulative oppressive power of the capitalist to exploit the scarcity-value of capital.”

As we’ll see, rentiers don’t like this one bit; they prefer to retain their income streams and their place in the social hierarchy without sacrifice or risk on their part.  It’s why they’ve dubbed reasonable restrictions on what they perceive as their right to a riskless profit as “repression”.

Here’s the FT’s Gillian Tett, taking the financial repression meme seriously.

But what Reinhart and Sbrancia argue is that if you want to understand how the west cut its debts during the last great bout of deleveraging, namely after the second world war, then do not just focus on austerity or growth; instead, the crucial issue is that during that period, the state engineered a situation where the yields on government bonds were kept slightly below the prevailing rate of inflation for many years. This gap was not vast. But since asset managers and banks continued to buy those bonds at unfavourable prices, this implicit, subtle subsidy from investors helped the government to cut its debt pile over several years. Indeed Reinhart and Sbrancia calculate that such “repression” accounted for half of the post-second world war fiscal adjustment in the US and UK, due to the magic of compounding.

Now, these days, it is hard to imagine any western government overtly calling for a second wave of such “repression”. After all, as Kevin Warsh, a former Fed governor, recently pointed out, the drawback of financial repression is that it curbs private sector investment and credit growth.

Let’s start by fact-checking Warsh’s statement.  Here’s a chart of US gross private domestic investment.

The so-called “financial repression” of the pre-1981 financial system did not seem to suppress private investment.  I did a quick calculation with St. Louis Fed data.  Growth in private domestic investment from 1947-1980 was 9% a year.  Growth in private domestic investment from 1981-2010 was 5% a year.  And here’s GDP growth over that time period.

Once again, no obvious suppression of GDP growth.  It was on average 3.7% before 1981, and 2.7% afterwards.

Caps on interest rates, restrictions on cross-border capital flows, tighter regulation of banks, and directed private lending into the public sector are all characteristics of the World War II and New Deal-era financing system (also, the Civil War and WWI were funded with directed bank holdings of government bonds).  While most of these characteristics are not ones that exist in today’s financial system, we do in fact still have directed private lending in the form of housing finance (try lending money to a business if you are a small bank and watch the regulators come down on you for not putting your capital into conforming mortgages) and speculation.  If former Fed Governor Kevin Warsh had had his facts straight, he might have pointed out that not only were growth and private investment higher during the age when banks were constrained, but there were no financial crises during that era.  Of course the titans of finance don’t like such a system, because this is what democracy looks like when applied to the banking sector.  This is what public control over the monetary order implies.  You don’t just get riskless profit from holding sovereign bonds, you have to actually invest and risk your capital to get a return, invest in real things, real production, real wealth.  It’s really just a continuation of the “bondholders take no losses” attitude that so constrained our choices during the bailouts and has inevitably led to massive foreclosure fraud to prevent creditor losses.

So we see that the financial repression meme is at heart an aristocratic concept.  Bankers would prefer that we think of finance as essentially a private activity, but it isn’t.  There really is no such thing as a private bank (though we use that term in everyday parlance, and it’s not likely going away).  Every financial institution is at heart a hybrid public-private partnership, which becomes obvious when a crisis hits and the banks come crying to the government to fulfill a lender of last resort role.  It’s even more obvious when you look at a dollar bill, and you realize it is a liability owed to the taxpayer.  What that means is that either the public controls banks or banks control the public.  Just as aristocrats rely on state-sponsored privileges to maintain their social hierarchy while pretending to a fixed and immutable social construct, so too do bankers imply that their absolute right to gamble with public money is part of some fixed and immutable formula leading to prosperity.

A set of institutions that enforce versions of capital controls, interest rate caps, strong regulation, and some directed lending are necessary to live in a democracy.  And that’s why the financiers want to brand it financial repression.  They want you to enlist in their world view, that constraining finance is bad for society as a whole, when it is really bad for rentiers who do not actually know how to manage real risk and use a taxpayer backstop to make their bonds whole.  The record of the last few years is that more, not fewer, restrictions on financial speculation are needed.  Of course, rather than the term “financial repression”, I prefer a more quaint expression – the rule of law.