Author Archive

Anonymous: The Fable of “Moral Arithmetic”

By Anonymous (not, I think, that Anonymous). Originally published at Global Economic Intersections.

Warren Mosler (visit Warren’s blog) applies simple arithmetic to numerical relations that have a $ sign (or € sign), and explains clearly how a money economy works.

Everybody else stares mystified, as if placing a $ or € in the equation propels us into some alternate universe where ordinary arithmetic does not apply; where suddenly everybody is offering “moral” solutions (Live within our means!) to grade school arithmetic questions, as if “being good” exempts us from the rules of adding and subtracting money numbers.

“If Timmy brings 100 marbles to school and lends them to his classmates at 5% interest for the day, and the classmates diligently work to trade and earn and win enough marbles to pay their debts, how many marbles will Timmy collect at the end of the day?”

Follow up:

Most of the pupils are of the linear thinking neoclassical persuasion steeped from the cradle in “banker arithmetic”, so they sharpen their pencils and calculate that Timmy will receive 105 marbles in total principal + interest. “Profit drives the marble economy”, Teacher correctly explains, “which is why the classmates were all so busily engaged working for marbles.” And the pupils agreed it would be great fun participating in a marble economy where you could exercise your talents to get out more than you put in.

But little Warren had failed to cram his head into the neoclassical pencil sharpening box where you learn banker arithmetic and he exclaims, “But there ARE only 100 marbles, so unless Teacher adds marbles into the room, Timmy can only get back as many marbles as he put in. So the correct answer is Timmy will get back 100 marbles and some of his classmates will default on their debts and suffer a life of stupid unemployed poverty because Teacher says “We must live within our means.” and she refuses to add the needed marbles even though she owns the marble factory that produces unlimited marbles at virtually no cost.”

Teacher, by virtue of her “solid moral character”, is hired to run the Bundesbank, from whence she engineers a German export juggernaut that trades Mercedes for marbles so that Germans always earn enough marbles as profits to pay their debts. So now the “classmates” in Europe are rich in Mercedes but are destitute for marbles, because Germany got all the marbles in exchange for the Mercedes, and after the classmates ran out of domestic marbles Teacher “loaned” them more Bundesbank marbles so they could keep buying more Mercedes to keep the export juggernaut going. But finally it turns out the classmates cannot keep borrowing and spending German marbles to buy German exports and they start defaulting on their debts.

Teacher thinks, “Default? Which of my pupils used that word before?” And she remembers the little immoral heretic Warren who couldn’t understand moral arithmetic and insisted on applying “regular” arithmetic to problems about marbles. So she calls him up from his tropical tax haven and asks him to repeat what he once explained about “not enough marbles”.

Warren explains monetary arithmetic, which turns out to be the same as “regular” arithmetic except you confuse people with the mesmerizing $ € signs that wizards like to use to show how arcane and inscrutable they are. Then Teacher’s eyes are opened to the reality that morality and arithmetic inhabit non-intersecting Venn sets, where morality does not alter arithmetic. And with her newfound numerical clarity Teacher is appointed dictator of the ECB to save Greece and Germany and euroland from their mystifying problems with money numbers.

From her commanding heights at the ECB Teacher promptly begins distributing per capita grants of euros to all the classmates in the eurozone, and soon everybody has enough marbles to pay their debts and keep their game of “money economy” happening, to the delight of all parties. Greeks are smiling in their new Mercedes and Germans are revelling in their fat bank accounts as they soak up the Greek sun on vacation. And all’s right with the world.

Except for some Austrians, who confront Teacher, “So where are you getting all the marbles you’re distributing willy nilly throughout euroland? That seems pretty immoral to us! Unsustainable, too. Vigilantes will come an’ git you. And you won’t like that, nosiree!”

And Teacher patiently explains that numbers and morals do not mix, and that she simply made up the marbles because that’s all “money” really is, equations of numbers. And you don’t “get” numbers from some secret hidden pile of numbers somewhere. You simply add numbers when your economies are short of ‘money’: when people and resources are languishing unemployed and people can’t pay their debts; and you withdraw numbers (tax) once the economy is working near full capacity and price inflation gets too hot. She explains that euroland appointed her grand wizard dictator of the ECB because she alone was not mesmerized by the € sign, and she was not afraid of invoking wrathful plagues of ‘hyperinflation’ for daring to add and take away numbers that have a € on them.

The Austrians slouched away muttering about heresies against sound money, and they tried to stir up moral outrage in euroland against this blasphemous Teacher woman. But euroland was so happy with their restored economic prosperity that few even heard the Austrians let alone heeded them.

Until the truly fearsome monstrosity from the depths of the Earth began to raise his dread voice, the inexpiable “peak resources”, the beast who will not be appeased by numbers. But that’s a fable for another day. Today’s story was about “money numbers”, and how to use this knowledge to solve the present crisis, which is a confusion of arithmetic problem, not a real resources problem.

A related fable by J.D. Alt involving a variation of the game Monopoly can be read at New Economic Perspectives.

James K. Galbraith: We Told You So

James K. Galbraith is an economics professor at the University of Texas at Austin, where he holds the Lloyd M. Bentsen Jr. Chair in Government/Business Relations. He writes about economics for numerous publications. His latest book, “Inequality and Instability: A Study of the World Economy Just Before the Great Crisis” (Oxford University Press, 2012), is available here.

Like many Americans, I was doing everything I could to help elect Barack Obama. It wasn’t all that much—but as an economist in Texas, I had some authority on the thinking of former Senator Phil Gramm, John McCain’s chief economic adviser. I’d made the front page of the Washington Post describing Gramm as a “sorcerer’s apprentice of financial instability and disaster.” (Gramm, with a certain sense of humor, denied it.) For that, and for my experience drafting policy papers, I was in contact every few days with Obama’s economists.

To economists in my own circle, it had long been clear that the financial crisis then unfolding was an epic event. We had watched the subprime mortgage disaster build up. In August 2007 we knew the meltdown had begun. Bear Stearns had failed. But for reasons that have to do with the pace and rhythm of politics, these issues remained on the back burner, the campaign being dominated by health care and the Iraq war. For those of us on the outside, it was hard to know whether the insiders understood what was coming.

And so it seemed a good idea to raise an alarm. But here you confront the Cassandra paradox: if you predict disaster, no one believes you. Economics is rife with alarmists; if the wolf really is at the door, it’s better to have a whole chorus saying so.

For this I had the help of the Charles Leopold Mayer Foundation for Human Progress, which convened a meeting in Paris. When you invite twenty friends to spend a few days in Paris in June, it’s rarely hard to persuade them to come. Among the Americans in the group were the editors of two important journals, a former United Nations financial expert, and the former federal regulator who had blown the whistle on the savings and loan fraud. There were also senior specialists from France, Britain, India, China, and Brazil.

The meeting had no political connection, but one result was a long memorandum, which I sent in early July to the Obama team. I do not know whether, or by whom, my memo was read. Not the slightest word came back.

Yet the memo disproves the notion that nobody knew. To the group in Paris, three months before Lehman, what I wrote was obvious. It was our consensus view. What follows is an excerpt.

* * *
The most important common ground was over the depth and severity of the financial crisis. We placed it in a different league from all other financial events since the early thirties, including the debt crises of the eighties and the Asian and Russian crises of the late nineties. One of us called it “epochal” and “history-making.” And so it has turned out. What distinguishes this crisis from the others are three facts taken together: (a) it emerges from the United States, that is, from the center, and not the periphery, of the global system; (b) it reflects the collapse of a bubble in an economy driven by repetitive bubbles; and (c) the bubble has been vectored into the financial structure in a uniquely complex and intractable way, via securitization.

Bubbles are endemic to capitalism, but in most of history they are not the major story. In the nineteenth century, agricultural price deflation was a larger problem. In the twentieth, industrialization and technology set the direction. It was only in the information technology bubble of the late nineties that financial considerations including the rise of venture capital and the influx of capital to the United States following the Asian and Russian crises—came to dominate the direction of the economy as a whole. The result was capricious and unstable—vast investments in (for instance) dark broadband, followed by a financial collapse—but it was not without redeeming social merits. The economy prospered, achieving full employment without inflation. And much of the broadband survived for later use.

The same will not be said for the sequential bubbles of the Bush years, in housing and now commodities. The housing bubble—deliberately fostered by the authorities that should have been regulating it, including Alan Greenspan and Ben Bernanke—pushed the long-standing American model of support for homeownership beyond its breaking point. It involved a vast victimization of a vulnerable population. The unraveling will have social effects extending far beyond that population, to the large class of Americans with good credit and standard mortgages, whose home values are nevertheless being wiped out. Meanwhile, abandoned houses quickly become uninhabitable, so that, unlike broadband, the capital created in the bubble is actually destroyed, to a considerable degree, in the slump.

Securitization is a long-standing practice but the question is, at what point does it go too far? It should be clear by now that nonconforming home loans cannot be safely securitized, because the credit quality and therefore the value of the asset cannot be reliably assessed. Further, in the regulatory climate of recent years (where as William K. Black pointed out, political appointees brought chainsaws to press conferences), ordinary prudential lending practices broke down completely. The housing crisis was infected by appraisal fraud, a fact overlooked and therefore abetted by the ratings agencies. “No one looked at the loan package.” Now the integrity of every part of the system, from loan origination to underwriting to ratings, is under a cloud.

Fraud is deceit, a betrayal of trust. And it is trust that underlies valuation in a market full of specialized debt instruments, off-books financial entities and over-the-counter transactions. That trust has, as of now, collapsed. The result, as John Eatwell phrased it, is that financial crisis takes the form of market gridlock—a systematic unwillingness of institutions to accept the creditworthiness of their counterparties. This is, of course, especially grave where a counterparty has no direct resort to a lender of last resort—and so the crisis naturally erupts in parts of the system that are outside the direct purview of central banks. Deregulation is, in other words, a vector of financial crisis.

The message of all this for the Obama presidency is fairly clear. No one in the group expects the financial crisis to have disappeared, or even to be under stable control, by January of 2009. At that time there will no doubt be immediate priorities: more fiscal expansion, fast action against the wave of home losses to foreclosures, plus fast action against financial speculation in commodities would seem as of now to head the “to-do” list. But the financial problems will not go away. And that means that a seemingly benign credit expansion, such as got underway for Clinton in 1994 and carried him through his presidency, is not in the cards for Barack Obama.

Given the fact that vacated and unsold houses (unless destroyed outright) stay in inventory for a long time, there is little prospect of a housing recovery, or that a new expansion of loans to the broad population will be collateralized by home values any time soon. Recovery from this source should indeed not be expected within the policy horizon of the next presidential term. Something could happen, for reasons largely unforeseen, as it eventually did in the 1990s. But to bank on such a happy development would be an act of faith. More likely, there won’t be good news on the growth front in 2009, 2010, or 2011. Achieving economic growth in some other way will therefore be an overriding policy preoccupation.

The only other known way is fiscal policy, and this raises two questions: how much fiscal expansion will be needed, and over what time horizon?

Calls are now being heard for a “second stimulus package”; these reflect the fact that the first stimulus package [the Bush package of Spring 2008], while effective, was necessarily short-lived. But the same will be true of the second stimulus package. And once the election is over, will the coalition presently supporting short-term stimulus stay in place? If not, what then?

If the above analysis is correct, the political capital of the new presidency risks being exhausted, quite quickly, in a series of short-term stimulus efforts that will do little more than buoy the economy for a few months each. Since they will not lead to a revival of private credit, every one of those efforts will ultimately be seen as “too little, too late” and therefore as ending in failure. Meanwhile a policy of repetitive tax rebates can only undermine the larger reputation of the country; it is unlikely that the rest of the world will happily continue to finance a country whose economic policy consists solely of writing checks to consumers.

What is the alternative? It is to embark, from the beginning, on a directed, long-term strategy, based initially on public investment, aimed at the reconstruction of the physical infrastructure of the United States, at reform in our patterns of energy use, and at developing new technologies to deal with climate change and other pressing issues. It is to support those displaced by the unavoidable shrinkage of Bush-era bubbles but to do so efficiently—with unemployment insurance, revenue sharing to support state and local government public services, job training, adjustment assistance, and jobs programs. It is to foster, over a time frame stretching from five years out through the next generation, a shift of private investment toward activities complementary to the major public purposes just stated. It is to persuade the rest of the world that this is an activity worthy of financial support.

As noted, this strategy will have to be developed in a hostile environment of unstable oil and food prices. However, it would be a grave mistake to interpret that unstable price environment as “inflationary,” as leading toward a sustained or inertial inflation. In particular, money wages have not changed or caught up; real wages are therefore falling—and quite sharply—in view of the commodity price jumps. As Ben Bernanke acknowledged in a recent speech, nothing in the present movement of price indices can be attributed to wages. In Bernanke’s choice phrase, “the empirical evidence for this linkage is less definitive than we would like.”

It is Democratic Party mantra that Presidents do not comment on the actions of the Federal Reserve. But in this situation, comment is needed. An appropriate comment on the larger role of monetary policy does not amount to interference in routine decision-making, e.g., of the Federal Open Market Committee. Rather, it should reflect the core reality: the Federal Reserve and other financial regulatory agencies failed in their responsibilities in the past decade and now they must take up those responsibilities again.

The entire point of a regulatory system is to regulate. It is to subordinate the activities of an intrinsically unstable and predatory sector to larger social purposes, and thus to prevent a situation in which financial interests dictate policy to governments. That is, however, exactly the situation we have allowed to develop. The job of the Federal Reserve and of the other competent agencies in the next administration must be, in part, to reestablish who is boss. Specifically, there needs to be a very thoroughgoing revamping of the financial rules of the road, to dampen financial instability, deflate the commodity bubble, reduce the enormous monopoly rents in the financial sector, set new terms for credit management, and generate productive capital investment where it is most required. This is in large part the Federal Reserve’s job, though it has strong inter-agency and international dimensions.

These measures cannot be viewed, or undertaken, in isolation from the international financial position of the United States. Obviously, a successful speculative attack on the dollar would severely disrupt the orderly implementation of this or any other strategy. Equally obviously, a unilateral defense of the dollar via a campaign of high interest rates would severely aggravate the problems of the real economy.

The way out of this dilemma—the only way out—lies in multilateral coordination and collaboration: a joint effort by the United States and its creditors. And this means that the next administration must return, rapidly and with a credible commitment, to the world of collective security and shared decision-making that the Bush administration has been at pains to abandon. An orderly disengagement from Iraq would send a major signal of the intent of the U.S. government to play, in the future, by a different set of rules.

Collective security, in short, is not merely a slogan. It is the lynchpin of our future financial and economic security—security that cannot be assured by any unilateral means. Only a collective effort will keep America’s creditors committed to the stability of the dollar-reserve system for long enough to effect the next round of economic transformation in the United States. Conversely, continued failure to appreciate the financial and economic dimensions of unilateral militarism is one certain route toward the failure of the next administration’s economic and financial strategies. The two largest issues we face—how to maintain American economic leadership in much of the world and how to manage American military power—cannot be separated from each other.

Collective security is, however, also more than simply a way of reducing risks and instabilities. It is the foundation stone for many physical transformations of the economy to come. It is obvious, in particular, that the military basis of international power on which the United States continues to rely is completely out of date, and has been for decades. As Iraq has demonstrated to everyone including the professional military, military power alone cannot deliver stability and security at all—let alone at an acceptable human and social cost. Yet parts of the military establishment continue to develop, and to harbor, the technological talent and capacity for problem solving which every aspect of our energy problem now needs. Shifting the basis of our security system away from one based on military equipment is a key step toward making those resources available.

And the same is true for other countries. China, for example, has long made energy choices favoring coal partly because the resulting power plants are diffuse and militarily expendable. In a secure world, that country would be far more willing to develop its vast hydroelectric potential, as the then-invulnerable United States did in the 1930s. Hydropower is carbon-clean, but militarily exposed. A stable reduction of military fears is a key step toward opening up markets that can potentially permit resolution of collective problems on the grand scale.

In short conclusion: from the beginning, the Obama presidency will face acute situations requiring immediate action, especially in oil and housing. It should aim for early victories in these areas as the foundation stone for intermediate- and long-term programs. For the medium term, institution building and the restoration of competent and effective regulatory power over the financial system—both national and international—will be key.

For the long term, the goal should be nothing less than the transformation of our energy base and the solution of our environmental challenges—the rebuilding of America. And that can be done only in an international financial climate made possible by a return to multilateral decision-making and a commitment to collective security. The American people are ready for this. President Obama should be prepared to explain that leadership in a world community—leadership of collective action on the grand scale—is America’s true destiny. It is not in futile warfare, but in great endeavors, that a great nation finds its future, its purpose, its place in history, and prosperity, as well as security, for its people.

* * *
This piece first appeared in Issue 19 of The Baffler — available now! — and is reprinted with permission. Image from Fey Ilyas (CC BY-SA 2.0)

Philip Pilkington: Why the Germans Probably Won’t Allow Greece to Exit the Euro

By Philip Pilkington, a writer and journalist based in Dublin, Ireland. You can follow him on Twitter at @pilkingtonphil

Well, there’s been a lot of talk recently about a potential Greek exit from the Eurozone. Some, like Marshall Auerback , have been calling this a lot of hot air and in seems that, in light of recent events taking place from deep within the bowels of the Eurozone banking system they may indeed be correct.

Yesterday, Gavyn Davies over at the Financial Times blog ran an excellent piece on the silent bank run that has been taking place across Europe since the sovereign debt crisis began. It would seem that the bank run has sped up somewhat, as many will likely be dimly aware of from recent articles about bank deposits moving out of Greece. The extent to which it has accelerated, however, is quite interesting and can be seen in the following chart which tracks the Target2 interbank lending system in the Eurozone:

As the reader can see the flight out of the ‘dodgy banks’ in the periphery has increased quite a bit.

The reason for this, as Davies points out, is not the type of reason classically associated with a bank run. In a typical bank run depositors get nervous that the bank will not be able to fork over their cash should they want it. Many may remember the Simpsons scene where the hapless bank clerk tells panicking customers that their money is “at Bill’s house… and at Fred’s house”. Well, that’s basically your classical bank run. So, all the central bank has to do to counteract it is to step in and provide the liquidity. Then depositors will come to see that their money is guaranteed to be safe because the central bank — which prints money — is standing behind their bank ready to meet their desire for hard cash. The ECB, for whatever else it has done wrong, has performed this role perfectly throughout the recent crisis.

However, the bank runs nevertheless continue. Why? Because this is not, as Davies points out, a typical bank run. The reason that people are moving their deposits from peripheral banks to core banks is not because they are concerned about the peripheral banks’ ability to repay. Instead they are concerned that their government might exit the euro and reissue its own currency. In that case there is a good chance that if their deposits were sitting in a bank in their own country they would be converted into the new currency and, hence, automatically devalued vis-a-vis the euro (or neo-Deutschmark if the whole thing fell apart). If the depositor moves their money to a German bank, however, this shouldn’t be a problem — and given that there are no capital controls in Free Europa, moving your money is pretty easy.

The real problem — for the Germans, that is — is that, as Davies points out, in preventing a bank run the ECB is loading up on some pretty serious risk:

“As deposits are withdrawn from Greek banks, the ECB replaces these deposits with liquidity operations. If these are standard repo operations, such as those undertaken in the LTROs in December and February, then the ECB is directly assuming risks which the Greek private deposit holder is no longer willing to hold. If the liquidity is injected via Emergency Lending Assistance, then the Bank of Greece is theoretically assuming the risk, rather than the ECB as a whole. But in the event of a euro break-up, these losses would ultimately fall on the ECB itself.”

See the dilemma here — at least from a German point-of-view? This silent bank run is seriously stacking risk upon risk onto the ECB balance sheet. Now, as long as the currency union stays together this isn’t really a problem. But if one of the links in the chain snaps, the ECB balance sheet takes a hit — a big hit.

Now, since the ECB issues its own currency this is not really a problem from an operational point-of-view. Central banks, after all, can never really go bankrupt. However, the Germans hate the idea that the ECB might allow its balance sheet to take significant losses.

So, what does all this mean? Well, it looks like the Greeks have just got a rather massive bargaining chip handed to them by the citizens of the periphery voting against the Germans by removing their deposits from peripheral banks. A classic case of subversive European democracy in action, it would seem!

Given this set of circumstances, if the Greeks are to exit it will be a major headache for the Germans and the ECB. And so it looks like Mr. Tsipras, who has recently come out talking eminent sense about what is going on in the Eurozone at the moment, is holding far more cards than many in Germany and Europe are likely to be comfortable with. And so the only people that are looking ring-fenced these days are Merkel and her political allies. Schadenfreude, much?

Links 5/21/12

By lambert (Yves being on vacation).

‘Rare’ Genetic Variants Are Surprisingly Common, Life Scientists Report Science Daily

Kansas town to auction first flush of giant public toilet on eBay McClatchy

“The anatomy of the eurozone bank run” FT

Merkel Resists G-8 Spending Pressure as Soccer Breaks the Ice Business Week.

Austerity-only cure for crisis out of fashion, but growth rhetoric covers difficult realities Pravda. I thought that Bsns W article was mush.

Germany resists sense  Macrobusiness

“Supply Lines Cast Shadow at NATO Meeting on Afghan War” Times

Nato talks security and peace, Chicago has neither Guardian

Citizen Journalists Detained at Gunpoint by CPD NBC Chicago. Tim Pool. 

Rising US recession risk poses the real threat to Europe Ambrose Evans-Pritchard

“China buyers defer raw material cargos” FT

Wen changes his tune Macrobusiness

Vietnam Economic Slowdown Seen in Cobweb-Covered Crates Bloomberg

The Current Post-Recession Labor Market in Historical Perspective Brad DeLong. Awww. Just when I was buying into the happy talk!

Riot in privatized AL prison Chicago Tribune

“Factories begin to shift back to US” FT

“Seeing Bailouts Through Rose-Colored Glasses” Gretchen Morgensen (Dean Baker comments).

JP Morgan executive to walk away with millions following trading loss Telegraph ($32m)

JPMorgan CIO Risk Overseer Said to Have Record of Trading Losses Bloomberg

Zombie Preparedness Week: Are you ready? From the British Columbia government.

The end of fish, in one chart Brad Plumer for Ezra Klein™

Gazprom Hopes to Build Second Baltic Sea Pipeline Der Spiegel

U.S. Government Authorizes Killing of Endangered Bighorns in Path of Wind Project East County Magazine (KH)

How did James Hansen’s 1981 global warming predictions work out?  (America Blog)

What Makes Countries Rich or Poor? Jared Diamond

Does “culture” require microfoundations? Understanding Society

“Philip K. Dick, Sci-Fi Philosopher, Part 1″ Times

What Trayvon Martin and George Zimmerman Heard New Yorker

House approves East Coast missile shield site in $643 billion defense bill The Hill. Missed this one.

Joe Strummer: The angry young man who grew up. [Harvard Square Theatre, February 16, 1979.]

And in Montreal band wars, I’ll see the good professor’s Arcade Fire and raise him one Me Mom and Morgentaler.

World cosplay summit Bangkok Post

* * *

D – 110 and counting*

I got elected, Sweetscent, but the drats knocked me right out of office in a no-confidence recall thing they cooked up. Having to do with the Pact of Peace. They were right, of course; I shouldn’t have gotten involved in it. But who wants to make a deal with four-armed shiny bugs who can’t even talk, who have to go around carrying a translation box like an indoor potty?’ –Philip K. Dick, Now Wait for Last Year

These links are lighter than usual. Sorry! Tomorrow I’ll do much more extensive work on both Chicago and Montreal. For now, it’s quite late….

Occupy Montreal: “The camera loves you, baby!” Good, detailed, vivid blog of today’s march. Not getting a clear picture of what the march is achieving other than, well, occupying the streets. (Not “unfiltered” because the reporter’s sensibility is clear, but better than the official Gazette story.) Oakland: Portraits from the Occupation. Representatives of the Oakland Police Department, and the police union, declined our invitations to participate, as did the editors of Adbusters magazine.

NATO summit Bobbleheads translate MTP: “GREGORY: wow look at these crazy violent NATO protestors! Audience: ooh white people.” The summit actually opened: “The global leaders met over a large round table” (around, surely). Bernard Harcourt: “Welcome, Nato, to Chicago’s police state”. And a hearty thank you to President Obama, his BFF, Rahm Emmanuel, and D operatives and enablers everywhere for making it all possible! RNN video of march (DCBlogger). “In the age of camera phones, the message is that protesters are watching police too.” Miscellaneous Chicago NATO Links (Bob).

CO (Swing state). Moms battle fracking.

FL (Swing State) “Most of Bern’s Steak House produce is not organic or locally grown on its own farm.” Another revered institution #FAIL! (Ha ha ha ha!)

OH (Swing state) Shalersville speaks out against fracking.

NC (Swing state) - “The Romney and Obama campaigns also seem to be behaving as though their internal polling is showing at least a very close race.”

WI (swing state) Journal-Sentinel endorses Walker (again): “It’s time to end the bickering and get back to the business of the state. We’ve had our differences with the governor, but he deserves a chance to complete his term. We recommended him in 2010. We see no reason to change that recommendation.”

Inside Baseball HCR in classic NYRB letters exchange. Martha Angell: “So the mandate that requires uninsured people to buy private insurance, which is at the heart of the Supreme Court challenge, would cover only 16 million people, a mere 5 percent of the population.” So (to my mind) it really is the mandate — forcing citizens to purchase a defective product, private health insurance — that’s the goal. Not the care. Think of the possibilities! How the Senate “avoids unpredictable democratic floor action, and the accountability of public debate. Picking the speakers for the RNC in Tampa. Whenever you read “delicate balancing act,” stop and do something else. The phrase is a tell for insiderese. (And if you’re attending the RNC, check the FL listening above). The issue nobody mentions: “Can Washington govern?” No, but I bet a man on a white horse could!

Ron Paul MN GOP convention: “They took over, basically. Nobody else was organizing.”

Greens Jill Stein interviewed in the Sun Times: “The politics of fear has brought us everything we were afraid of.” (OK, a Sun Times blog. But still.)

Romney Romney’s new ad introducing himself: Squee! Gary Wills: “Everyone has noticed by now the non-laugh laugh of Mitt Romney, a kind of half-stifled barking.” (I’m trying to remember what Obama’s laugh sounds like. But I can’t.) Bain gives more campaign money to Democrats than it does to Republicans.

Obama Obama 2.0 is the Wanker of the Day. (Leading one to ask the obvious question…) Of course, Axelrod used ____ for a fundraising pitch (____, in this case, being the Ricketts/Wright flap).

Feeding frenzies. None.

* 110 days ’til the Democratic National Convention ends with bottomless steins in a giant beer garden specially constructed by Walt Disney and the Department of Homeland Security in a public/private partnership on the floor of Bank of America Stadium, Charlotte, NC. The Sears Tower in Chicago has 110 stories.

* * *

Antidote du jour:

How to Fix Banking

By Greg McKenna, aka Deus Forex Machina. He is the CEO of Lighthouse Securities and has spent past two decades in financial markets in a number of senior roles including Head of Currency Strategy at the NAB and Westpac. Cross posted from MacroBusiness

Lambert here. This article skilfully integrates several recent threads related to JippyMo’s latest but surely not last debacle, and ties them to a 4-point proposal from one-time BoA President Sallie Krawcheck in HBR for addressing governance problems at big banks “to better align management’s incentives with those of the long term interests of the business.” I can’t help but feel that a fifth point should be added, viz: 5. Investigate big banks for accounting control fraud, and prosecute criminals where called for. A few C*Os in orange jump suits doing the perp walk on national television would do wonders pour encourager les autres, and would “reconstruct” banking’s “top echelons,” as well. And aren’t proposals that don’t restore the rule of law to our famously free markets just tinkering around the edges?

* * *

Over the weekend, there was a convergence of very good articles arising from JPMorgan’s illustration that not much has changed in banking. These articles showed that there are better ways to align management with outcomes that balance the needs of national and global economies beyond the current privitised gains and socialised losses approach.

The first of these articles was by Sell On News at MacroBusiness. Titled “Derivatives need a Priest” SoN posed the question about markets and what are they for:

…we can ask how it was that a system created for people ended being blind to people, especially weaker people in places like Greece? In this anthrosphere we have created, the one thing we seem most averse to is putting human beings at the centre. Much better to see it as a machine, and to spend our time poking it to see how it works.

Indeed. In abstracting people from the equation and viewing not only the system but the individual banks and finance institutions as machines we create a distance between ourselves and those machines in a manner that allows some to claim observer status not ownership. At the more complex financial institutions, this abstraction can separate individual departments and traders from their own organisations.

Which brings me to a piece by Barry Ritholtz published in the Washington Post on the weekend, about the similarities between AIG and the recent JP Morgan experience. The nub of what Ritholtz says is:

Finance has become a low-margin, high-leverage business. This is not surprising in an environment in which trading volumes are exceedingly low and interest rates even lower. In any other industry, a slowdown in economic activity sends management scurrying to cut costs, develop new products, become more productive. In short, to innovate. Companies can throw money at new products, marketing campaigns or discounted pricing, but a slowing economy brings down demand. What we have today is a deleveraging economy, and that is even more challenging — limiting the options that CEOs can take to increase their company revenue.

The world of finance refuses to accept that reality. Whenever Wall Street is confronted with a decrease in profits, we see the same response: Increase leverage. We usually don’t hear about it until some market wobble causes the excessive leverage to blow up in someone’s face. This time, the novelty cigar was smoked by Dimon, and the damage was inflicted on his reputation. The losses, we learned, were a “mere” $2 billion, described as manageable.

Consider any major finance disaster of the past 30 years, and what you will invariably see is the result of trying to spin dross into gold. The magic of finance is that this can work for a while. The reality of finance is simple mathematics. Eventually, the probabilities play themselves out and the dice come up snake eyes.

He is dead right – the world of finance does appear to be unable to accept reality – the bigger financial institutions, the SIFI’s, almost feel like they are trading to their heart’s content in the knowledge that they are simply too big to fail and someone else will pick up the tab if they get it wrong.

All of Ritholtz conclusions are on the money but here are a few that are pertinent for this discussion today:

Regardless, the error at JPMorgan unwittingly reveals much about the present state of finance:

● Bankers remain imperfect, overreaching and bonus-driven participants;

● When using other people’s money, the promise of enormous bonuses is still weighed heavily toward excess risk-taking;

●No major U.S. money center bank has demonstrated an ability to manage proprietary trading risks. None.

●If traders have forgotten the lessons of the financial crisis less than four years later, what sort of reckless speculative risks will mis-incentivized persons be doing after 10 years?

Which brings me to the article in the Harvard Business Review from the June Magazine, Sally Krawcheck’s  Four ways to fix the banksWhile it is based on the situation in the United States it has broad application for other markets. Echoing what Ritholtz has alluded to Krawcheck says:

It is tempting to view the financial downturn as a closed chapter whose primary causes have been resolved—perhaps not perfectly, but fairly comprehensively—by the Dodd-Frank Act’s reregulation of the financial services industry. But big banks continue to have a governance problem, which poses significant risks not just to them but potentially to the entire economy during the next downturn.

She concludes:

  1. Pay Executives with Bonds as well as stocks
  2. Pay Dividends as a percentage of earnings
  3. Don’t judge Managers (just) by earnings
  4. Give Board scrutiny to booming businesses too

I encourage you to read this article. Krawcheck is saying that there is a way to better align management’s incentives with those of the long term interests of the business. If the leverage ratio at a bank increases then so does the percentage in executive compensation that is paid in bonds, not cash or equities. This will increase the incentive to worry about the return of money as well as the return on the money. This should become a self-limiting constraint on overall financial leverage. I’d extend this idea down to the divisional head level so that there is an alignment of incentives vertically throughout the organisations.

Banking at the top echelon remains unreconstructed after almost 5 years of the GFC but there is no reason why policy makers should not push harder to incentivise the boards and management of SIFI’s to better serve the needs of the economy and to rebalance the asymmetry of benefits and costs away from privatised profits and socialised losses.

Links 5/20/12

Lambert Strether (Yves being on vacation).

Rapid Climate Changes Turn North Woods into Moose Graveyard Scientific American

Supervolcano Drilling Plan Gets Go-Ahead Science. What could go wrong?

“Is Insider Trading Part of the Fabric?” Gretchen Morgenson

Sell-side research isn’t inside information Felix Salmon

“Discord at Key JPMorgan Unit Is Faulted in Loss” Times

The Need For An Independent Investigation Into JP Morgan Chase Simon Johnson

BBC Interview with Nassim Taleb on JPMorgan Jesse: “The more I look into this and think about it, the more that Barack Obama’s ‘favorite banker’ looks like Enron in their heyday.”

Obama: “Unless you run a financial institution whose business model is built on cheating consumers or making risky bets that could damage the whole economy, you have nothing to fear from Wall Street reform.” I swear I’m not making this up!

Waters Challenges Khuzami on Securitization Fraud Task Force, Gets Revealing Answers David Dayen

Syndicate: If You Can Get It, Run The Other Way Big Picture. FaceBorg post mortem.

Chicago protests on eve of NATO summit raucous, peaceful Reuters

CPD: Terror suspects had planned firebomb attacks Local ABC. Helpful undercover policeman: “Hey, I just happen to have a source of jellied gasoline! And jelly jars, too!” Timothy McVeigh these guys ain’t.

NATO Summit: 3 Protesters Arrested, Charged with Conspiracy to Commit Terrorism National ABC. Nuance: Local says arrestees to attend black bloc demo; national says arrestees “proclaimed themselves to be” black block. Going with local, sensing oncoming and ugly moral panic. Honestly, it’s like watching an elephant panic at the sight of a mouse. Man up, global oligarchs!

“Student Strike” main page Montreal Gazette

Quebec student protesters find creative ways around controversial new law Toronto Star

“PLQ + Mafia = QC” (pictures); “Monsieur Trois Pour Cent”. Ouille!

The Trade Agreement You Never Heard About – TPP (Trans-Pacific Partnership) Economic Populist

So Warren Buffett likes newspapers again? Jack Shafer

“A Little Secret Denmark Shares with Canada about Social Mobility that Americans and Brits Should Know” Economist’s View. Moral is at the end.

Housing Analysis Biased Toward Removing People From Homes By Any Means Necessary David Dayen

Inflation, Credibility, and Expectations: Again Some More Angry Bear

The Pirate Party fits the political gap Guardian

Italy deploys 20,000 to protect sensitive targets AP

Ending NATO’s double standard Reuters

A Victory for All of Us Chris Hedges

Drone filmmaker denied visa to accept his film festival award Greenwald. The Obama administration is mind-bogglingly petty and thin-skinned.

Channels and channels and channels.

It’s safer to poke fun at airlines than take on a whole country FT.  Tyler Brûlé.

Psychiatrist who championed ‘gay cure’ admits he was wrong Guardian

* * *

I’m not covering the horse-race today so I can get up early and watch the Sunday morning talk shows. Not. –lambert

* * *

Antidote du jour (hat tip SV):

J. D. Alt: Playing Monopolis Monopoly: An Inquiry Into Why We Are Making Ourselves So Miserable

By J. D. Alt. The post is a continuation of ideas first developed in Alt’s novel, The Architect Who Couldn’t Sing, available at Amazon.com or iBooks. Originally posted at New Economic Perspectives.

Why does it seem like there isn’t enough money to pay for the things we really need? The headlines are filled with stories about our nation’s “debt problem” and dire warnings about our impending “bankruptcy.” As an architect who fills his waking hours thinking up all kinds of wonderful things we could be building, I’m alarmed by the idea there isn’t enough money to pay for any of them. Before wasting more time dreaming, I had to find out: Is it really true? Are we really too poor to put America back to work making and building the things we need to maintain a prosperous nation?

Searching for an answer, I discovered a small (but growing) group of economists (see here, here, here, here, here, here) who represent an emerging school of thought known as “modern monetary theory” (MMT). These men and women are valiantly trying to make us all understand a paradigm shift that occurred some forty years ago, when the world abandoned the gold standard. Their key insight shocked me: A sovereign government is never revenue constrained when it is the Monopoly issuer of its own pure fiat currency; it has all the money that’s needed to put its citizens to work building anything—and providing any service—that is desired by the public (provided the real resources are available). Even more remarkable, sovereign “deficits” in the fiat currency are just the accounting record of the surpluses that have been injected into the private economy. Eliminating the sovereign currency deficit by imposing austerity will not make the economy healthier; it will, in effect, bankrupt the citizens!

If this seems to defy logic, stay with me for just a few minutes. I’m going to propose a simple exercise that will help you “see” this reality for yourself. The exercise is simply that everyone join me in a familiar game of Monopoly. By the end of the game, I hope to convince you that MMT is correct and that we could be doing better, much better – for ourselves and future generations—if we just understood and took ad vantage of our modern monetary system.

Let’s begin.

Playing Monopolis Monopoly

We’ll play by the normal rules (I’ll suggest some added features as we go along) except this time we’ll pay special attention to certain things that are happening. For example, you’ll recall that before the game can begin, one player has to agree to be the “banker” (a tedious task, but someonehas to do it.) But now choosing this person has a special importance: it must be done democratically, with the players voting to determine who will manage the game’s money. We’ll do this little exercise because we want to pay special attention to the fact that the Monopoly “bank” is an entity created by the players themselves for their mutual benefit. In fact, we won’t refer to it as the “bank” anymore, but instead will call it our “currency issuing government” (CIG). In a real sense, we all “own” CIG together, and taking a minute to democratically choose who will manage it heightens our awareness of this key fact.

To reinforce this awareness, the next thing we’ll think about, as we set up the Monopoly board, organize the Deed Cards, shuffle the Chance Cards and choose our tokens, is that what we are really doing is setting up, and getting ready to operate, a miniature nation-state. Let’s even give it a name: Monopolis. We, the players, are the new citizens of Monopolis. We have just established, through democratic consensus, our currency issuing government, and we are now getting ready to operate our economy. That’s what the game is about.

Issuing the Currency

As we get ready to play, we immediately discover an odd dilemma: CIG has all the money! We, the players, are ready to go but we can’t start the game until we have some of CIG’s money. This is an awkward moment, which is dispensed with so quickly in regular Monopoly we hardly notice it. (The “banker” is instructed to make initial cash distributions in the amount of $1500 to each player). If we pay attention, we can see that this moment raises some interesting and crucial questions.

The first question is: are we not playing the game backwards? Isn’t it us, after all, who have to give our money to government before it has any money to spend on anything? Politicians are telling us this all the time: “Your tax dollars are going to pay for this or that.” And, as will become clear, at the state and local level, this is certainly true. But at the federal level—at the level of the sovereign state—the game of Monopoly provides us with our first clue that something is fundamentally different now from what we habitually imagine it to be.

The CIG we’ve created for our nation of Monopolis, in fact, has exactly the same purpose, and exactly the same unique and special power as any government that issues its own sovereign currency: Its purpose is to issue and manage the money we are going to play our game with, and the special power we’ve granted it is the ability to create as much money as necessary for our game to go on as long as we want it to.

Indeed, the rules of Monopoly specifically state that while players can run out of money (in which case they are bankrupt and out of the game) the Monopoly “bank” itself can NEVER run out. In the event the game unfolds in such a way that all the pink and green and blue and gold bills that come in the box are absorbed by the players, the Monopoly rule book instructs the banker to get out a pencil, paper and scissors and create new money as needed. (This is the definition of “fiat money”—money that gains its acceptance simply by decree.)

So it appears we aren’t playing the game backwards after all. The currency does flow from CIG to the players, and when we give some of that money back—in the form of taxes, or fees, or fines— by logic it cannot be because CIG needs that money. In fact, the CIG could take all the money it receives (in taxes, fees or fines) and simply shred it and throw it away: it has no need for it, because when it needs money it simply “issues” the currency. The first time I tried to wrap my thinking around this set of ideas my primordial brain-stem resonated with knee-jerk objections. (I’m not alone. See here)

Indignant as I might get, however, Monopoly forces me to realize that if I want to play the game, I have to accept the fact that the CIG gets to create the money, and I have to use the money it creates. I could insist otherwise, demanding that each player bring to the table his own private stash of gold and silver. In fact, it was just forty years ago that the real world played the game in exactly this way, and the long history associated with that experience is what implanted our brain-stems with Neanderthal beliefs about what money is and how it works. But as will become evident (if we can ever get started) the game proceeds with much greater efficiency and potential for economic growth (prosperity for more and more people) if we use our CIG’s fiat currency, which has an unlimited supply, as opposed to the player’s “gold and silver” which has a limited quantity.

Monopolis Players have Jobs

As I mentioned, “plain-game” Monopoly glosses over all these issues by directing the “banker” to simply make initial cash disbursements of $1500 to each player. In our game of Monopolis Monopoly, however, we want to emphasize that people work for a living. So we begin our game by having our government buy something it needs from each of the players.

For example, I’m a writer-architect, and the government pays me $1500 to write the Monopolis rules. You are a builder, and the government pays you $2500 to build a network of roads that will allow lumber and materials to be transported to the Monopoly board properties. Sister Sue is an administrator, and the government pays her $2000 to create the Balance Sheet we’ll use to keep track of the game’s transactions. So now we’ve each done a bit of work, have modest cash positions, and we’re ready to begin the game. Before we do, however, let’s look at the Balance Sheet sister Sue has created. Keeping this Balance Sheet up to date, and paying attention to it from time to time, is going to be important.

Finally! We’re ready to roll the dice to see who goes first. As we play, we should begin to notice the fact that there are two different kinds of transactions occurring. One set of transactions takes place among the players themselves: I land on your property and have to pay you rent. Let’s say I land on Vermont Avenue and I have to pay you $50; then you land on Baltic Avenue and have to pay Sister Sue $75; then Sister Sue lands on Charles Street and has to pay me $150. Let’s think of these transactions as happening within something we can call the “private sector”, and update our Balance Sheet to look like this:

There are two things to notice here. First, the transactions within the private sector are a zero-sum game. That is, while the net balance in the account of any one player may change, depending on the play of the game, the total of these net balances will always add up to the total amount of currency in the game.The second thing to notice (if you hadn’t already) is that the total currency assets in the private sector—no matter how they are distributed based on the play of the game—are always equal to the debit account (the “deficit”) of our currency issuing government.

 

Horizontal and Vertical Transactions

MMT economists refer to the transactions within the private sector as “horizontal” transactions. These include all transactions between households, businesses, corporations and state and local governments. What they call “vertical” transactions are those between the private sector and CIG.

Our government’s initial procurements of services from Me, You and sister Sue were vertical transactions. We can observe another vertical transaction the first time a player passes Go. When this happens, Monopoly stipulates that the “banker” will pay that player $200; it will then continue with the same payment to each player each time they pass Go throughout the game.

We can think of these “Go payments” as being analogous to many different things in the real economy—the federal government paying someone to mow the front lawn of the White House, for example, or sending out a social security check to our grandmother. At this point, it doesn’t really matter. What we do want to notice, however, is what these “vertical” transactions do to the Balance Sheet. Let’s say each player has now passed Go:

What we can clearly observe is that while the Private Sector continues to be a zero-sum game, the “vertical” transactions generated by the “Go payments” have increased the size of that sum. And, once again, the new total of currency assets in the private sector is exactly equal to the “deficit” debit account of our CIG. (Indeed, how could it be any different?)

Expanding the Economy

Now let’s add some “fiscal events” to make our game more interesting. The first “Fiscal Event” I propose is the building of an aircraft carrier. It’s a well-known fact that governments like to purchase aircraft carriers, so it is entirely reasonable to suppose that our little nation-state would like to have one as well.

We can get an aircraft carrier into our game in exactly the same way the U.S. government gets one into its fleet: It goes to the Newport News shipyard and buys one. In Monopolis Monopoly, we’ll simulate this event by pretending that one of the players is the shipyard—You, for example, since you’re the builder amongst us. You give Monopolis its aircraft carrier and CIG pays you for this good by injecting $10,000 into your currency account.

What’s worth noticing here is that this vertical transaction has injected a considerable amount of currency into our game, but that money has been used to build something that does NOT add to the inventory of things that players can buy. Since none of the players in the private sector have any need for an aircraft carrier, our choices of things to spend our money on are still limited to the properties on the Monopoly board and the houses we can build on them—only now we’ve got a lot more money to throw at those things. In one sense, then, the government’s decision to build an aircraft carrier, while it may benefit our common defense, doesn’t really expand the economy of our game. That’s something to think about.

Building Codes and Government Regulation

Politicians argue a lot about whether government regulations are good or bad for the economy. From at least one perspective, however, if we insert government regulation into our Monopolis Monopoly game, the result is a big surprise.

To see this, let’s create a regulation. Since our game involves the building of houses and hotels, let’s have our regulation be a Building Code. Not just any Building Code, but a big, thick, extremely complex and detailed one like the International Building Code adopted by virtually every city in the United States. Once in place, the rule stipulates that players cannot build a house or hotel without meeting the requirements of the Code.

How does the government create such a Code? In exactly the same way it acquires an aircraft carrier: it pays someone to figure out what should be in the Code, pays them to write it, to illustrate it, to publish it. I would venture to guess that the International Building Code likely cost almost as much as an aircraft carrier, so I volunteer myself to be the player the government pays to write it. After I deliver the hefty volume, CIG transfers $7,500 into my currency account.

What we should notice here is that, like the aircraft carrier, the writing of the Building Code has injected a major sum of currency into the game. But something else has happened as well: The Building Code gives rise to a multitude of “services” which the game players now need, and which they can buy with their money. These are the services of professional experts who are trained to understand the Building Code (which is completely incomprehensible to those of ordinary intelligence). In our game, I have volunteered sister Sue to be the provider of Code Services to the other players. As can be seen on the Balance Sheet, both Me and You have paid Sister Sue for some of these services, and will continue to do so each time we add a house to one of our properties.

Unlike the aircraft carrier, then, the Building Code injects currency into the game and creates new things for the players to spend their money on. This particular government regulation, then, actually expands the economy of our game. This also is worth thinking about.

Enabling Structures

The sun’s been down an hour now, and the room we’re playing Monopolis Monopoly in has gotten pretty dark. Sister Sue turns on a light and—to our great surprise—we find we’re not alone! While we’ve been busy rolling the dice, clomping our tokens around the Monopoly board, and counting our stashes of currency, the neighbors have come over. They’re standing around, leaning against the walls, watching us with keen interest. They’re noticing all our pretty houses and hotels and colorful money, and I can tell from the expression on their faces that they want to join in the fun.

Fine with me, except there’s a problem: You and Me and sister Sue already own all the property on the Monopoly board. If the neighbors join the game there won’t be any property for them to buy, and without property, they couldn’t work with You to build a house, or hire Me to design one, or sister Sue to interpret the Building Code. So there’s really no way they can participate in the game.

But a couple of these folks are leaning forward now in a determined way, hands pushed in their pockets in a manner that suggests they might be coming out of their pockets at any moment, and I’m starting to get worried. There are a couple of kids, hanging onto their mother’s dress, who look like they haven’t eaten in two or three days. Sister Sue is looking at them and getting tearful.

Suddenly, I’m struck by a lightning bolt idea, and I immediately share it with the other players: The government of Monopolis should build a series of structures on the Monopoly board that creates new properties that players can build more houses and hotels on. I suggest calling them “Enabling Structures” because they will enable the neighbors to participate in the game. I quickly design a prototype:

The path of play around the board will now zig-up through the Enabling Structure and zag-down to the lower board, with the players either claiming possession of or paying rent to the owners of the Enabling Structure Lots.

How will the government build the Enabling Structures? Just like it buys an aircraft carrier or a building code, and I nominate myself (it was my idea, after all) to be the Enabling Structure developer. I build them all around the monopoly board, effectively doubling the number of properties and houses and hotels players can now buy in the game. To compensate my efforts, CIG injects the tidy sum of $8,000 into my currency account.

Now the neighbors can join the game, except they still don’t have any money to begin playing with—the same dilemma, recall, we started out with ourselves. Sister Sue proposes that our currency issuing government is perfectly capable of paying each of the neighbors to build a house on the first “Enabling Lot” they land on, and this procurement by our Monopolis government will become their “start-up” cash for playing the game. The new player will then pay “rent” back to CIG each time they pass go, until those payments equal the original procurement, at which point they will own the houses outright.

Whew! Now the neighbors are in the game, and after a few rounds, they’ve acquired property and built some houses, and the game proceeds just as before, except now there are more of us playing. And while the building of the Enabling Structures—and the government’s procurement of the first Enabling Structure houses—has injected a big chunk of currency into the private sector, it’s also created a LOT more things for the players to buy and sell to each other: more properties, more houses, more building services, more design services, and more services to interpret the Building Code. That’s really something to think about.

Here’s where we need to pay close attention

As the neighbors get more deeply involved in the game, building houses, collecting rents, passing Go, our currency issuing government is going to quickly run out of the money that came in the Monopoly box. So, for our game to continue, we have to follow the Monopoly rules (already stated) which instruct the “banker” to get out pencil, paper, and scissors and begin creating more currency to keep up with the expanding needs of the game.

Now there may be some folks at the table who are genuinely alarmed by this idea. They may tell us that the government cannot just “print money” because that will inevitably lead to hyper-inflation; that the government, just like all the rest of us, must “live within its means.” Their heated arguments might persuade other players too, because, well…it’s just obvious that “printing money” and running up the sovereign “deficit” is the road to serfdom.

The question is, should we listen to them? Let’s update our Balance Sheet and see what we think. (To keep the Balance Sheet fitted on the page, I’ve combined the neighbors transactions into a single column; I’ve assumed there are three of them, that they’ve each claimed an Enabling Structure lot, that CIG has paid each of them $1500 to build a house on that property, and they’ve each made one rent payment of $100 back to CIG.)

It’s clear, looking at the Balance Sheet that our CIG continues to run a “deficit”. It is also clear (especially since the neighbors joined the game) that this deficit has been growing at an increasing rate. But in what sense does that deficit become a “debt” that we, the players, should worry about paying back? The balance sheet shows that the CIG’s deficit is not our debt at all, but simply a record of the currency that’s been issued into our game. And where did all that “deficit spending” end up? Look again at the balance sheet: it’s in the accounts and assets of the players themselves.

Maybe we should think of something else to call it

When my personal bank account is in “deficit”, that is something I worry about. When a city or state government has a “deficit”, that’s also something to worry about because we have not given our “local” governments the power to issue the currency (they are users of the currency, just like the rest of the players.) When their coffers are empty, they have to make tough choices and cutback on their spending. But when we say our sovereign government has a growing “deficit”, we are badly misleading ourselves if we use the word the way we do when we think of our own bank accounts. What Monopolis Monopoly is showing us is that our sovereign “deficit” is in fact a balance sheet accounting of our own financial wealth. And why we would want to reduce that is a mysterious thing indeed!

MMT versus Neanderthal Economics

Actually, there’s only one reason we’d want to make ourselves miserable by imposing some arbitrary budget rule or fiscal austerity on our game: because we still believe we’re operating under the rules of what might now be called “Neanderthal Economics,” which go something like this:

“We must adhere to the principles of ‘sound money’ for if we do not, our citizens will lose faith in the currency and begin converting it into gold. To prevent this from happening, the sovereign must spend only what it takes in. If it tries to spend too much, its gold reserves will be depleted and it will be forced into bankruptcy just like anyone else.”

And what if, believing this, we actually eliminated the deficit and began running surpluses? Well, in that case it’s obvious our game of Monopolis Monopoly would quickly come to an end: Our CIG would have all its money again, but the players would have nothing with which to play the game. At that point, we might just as well pack everything neatly into the Monopoly box and put it back on the pantry shelf.

The astute player will object that we’ve left out too many things for our game to really mean anything: Private banking, for example, or managing inflation, or bonds and interest rates (if the Fed doesn’t “need” money, then why does it seem to borrow so much of it?) Next time we play Monopolis we could add those in, but they won’t change the basic MMT truths that our simple version of the game has revealed:

A society with a sovereign fiat currency can build any thing or obtain any service it deems necessary or desirable, so long as the citizens of that society are willing and able to build the thing, or provide the service, in exchange for the fiat money. The sovereign deficit, no matter how large it may grow, is not like a shortfall in your own bank account: it is the balance sheet record of the

money that was transferred to our side of the ledger.

The implications of this, I believe, are simply astounding.

Is a Fight in Democratic Party Worth It?

RNN interview with Jeff Cohen, director of the Park Center for Independent Media at Ithaca College, and founder of the media watchdog FAIR. He is the co-founder of RootsAction.org.


More at The Real News

From the transcript:

RNN: Well, Jeff, what do you make of the argument from the Green Party, from the Justice Party, some of the other third parties that are being organized, that that’s where the effort should be, the electoral strategy really needs to be about building a third progressive party, and whether it’s one of those or some alliance of those, I guess, is still to be seen, but that that’s where the effort should be?

COHEN: I am a graduate of that. I’m a recovering that. You know, I worked in Barry Commoner’s third-party campaign in 1980, the best presidential candidate no one ever heard of. You know, you can decide that your progressive electoral activity is going to be getting protest candidates 1 or 2 or 3 percent of the votes. I prefer trying to work in primaries where we have a chance of actually winning, where you can bring that same full Green Party or independent progressive agenda into a much vaster audience and you can actually win a primary.

What could go wrong?

Derivatives Need a Priest

By Sell on News, a macro equities analyst. Cross posted from MacroBusiness

Imagine two ways of framing a financial trading choice. The first way is in the pseudo scientific language of finance. “An optimal trading strategy will be to go short on Greek and Spanish government bonds to exploit a high likelihood of sell off and debt restructuring which will keep portfolio returns well above inflation going forward.” Or consider the same thing expressed this way: “If we sell off Greek and Spanish government bonds it will push Greek pensioners into poverty, cause deep harm to the social fabric, lead to destabilising political unrest and threaten the stability of the world financial system.” The first way of framing the choice is treating the financial strategy as a way of dealing with a machine; the language has nothing to do with people. The second way of framing it is moral: starting with the effects on people.

Of course, the latter way of framing the choice is never used by traders, analysts or economists. The assumption is that the global financial markets are there to serve capital, not people (if it benefits people, fine, but that is after the fact). It is conceived as a giant piece of machinery whose behaviour can be successfully interpreted by those clever enough. Of course, it is an illusion. The machinery is impelled by people trying to interpret the machinery; that is why forecasts and predictions have such a poor track record. Because markets are full of people with minds, predicting what those minds will think and do requires much more than a mechanistic analysis. Nevertheless, the capital markets are seen as a piece of machinery. If one looks at the metaphors, capital “flows”, for instance, is a sort of liquid looking for equilibrium (another popular metaphor).

The appearance over the last decade and half of massive amounts of meta-money, the $700 trillion of derivatives that represent twice the capital stock of the world, has made this “scientisation” of capital extreme (as seen in the use of NASA scientists on Wall Street). At least when it is bankers lending to individuals or business it is clear to all that real people are involved. Sure, capital comes first, the sums have to add up, but people are important, too. The same with conventional equity investment; the people, investors, boards and staff in the company, all matter to some extent. But when it is derivatives traders playing the numbers, there is no sense that people are on the other end. The same with high frequency trading on the stock markets; the algorithms do not include any people dimension. If they did, they could not work.

Robert Shiller argues for a return to morality, as discussed last week. James Montier of GMO argues that there should be a Hippocratic Oath in finance, an ethical standard that would restore some standards. But he, too, goes for an explicit scientific metaphor, physics in this case. He is trying to find ethics in the wrong place:

Bad Models, or, Why We Need a Hippocratic Oath in Finance

The National Rifle Association is well-known for its slogan “Guns don’t kill people; people kill people.” This sentiment has a long history and echoes the words of Seneca the Younger that “A sword never kills anybody; it is a tool in the killer’s hand.” I have often heard fans of financial modelling use a similar line of defence.

However, one of my favourite comedians, Eddie Izzard, has a rebuttal that I find most compelling. He points out that “Guns don’t kill people; people kill people, but so do monkeys if you give them guns.” This is akin to my view of financial models. Give a monkey a value at risk (VaR) model or the capital asset pricing model (CAPM) and you’ve got a potential financial disaster on your hands.

The intelligent supporters of models are always quick to point out that financial models are, of course, an abstraction from reality. Just as physicists can study worlds without frictions, financial modelers should not be attacked for trying to reduce the complexity of the “real world” into tractable forms.

Finance is often said to suffer from Physics Envy. This is generally held to mean that we in finance would love to write out complex equations and models as do those working in the field of Physics. There are certainly a large number of market participants who would love this outcome.

I believe, though, that there is much we could learn from Physics. For instance, you don’t find physicists betting that a feather and a brick will hit the ground at the same time in the real world. In other words, they are acutelyaware of the limitations imposed by their assumptions. In contrast, all too often people seem ready to bet the ranch on the flimsiest of financial models.

Someone intelligent (if only I could remember who!) once opined that rather than breaking the sciences into the usual categories of “Hard” and “Soft,” they should be split into “Easy” and “Difficult.” The “Hard” sciences are generally “Easy” thanks to the ability to perform repeated controlled experiments. In contrast, the “Soft” sciences are “Difficult” because they involve trying to understand human behaviour.

Put another way, the atoms of the feather and brick don’t try to outsmart and exploit the laws of physics. Yet financial models often fail for exactly this reason. All financial model underpinnings and assumptions should be rigorously reviewed to find their weakest links or the elements they deliberately ignore, as these are the most likely source of a model’s failure.”

What happens in markets has little to do with the behaviour of feathers or bricks, because feathers and bricks have no self awareness. This is typical of the positivism (something is only real if it can be measured) and reification (making inanimate things seem like animate things) that is inevitable when a pseudo-scientific approach is adopted. What I think is needed instead is the posing of two questions:

1. What is needed to make the system behave more responsibly towards people?

2. What should be the purpose of the financial system?

Neither question will be answered by looking to scientific method. Science only answers “what” questions” not “why” questions. It is silent on questions about meaning or purpose, they are outside its range. Yet the above two questions are really the questions that should be posed to regulators and governments, who at this point are cowed, or bought off, by the bullies in the large financial institutions.

The sometimes insightful, if a little odd, Robert Gottliebsen argues that banks should return to the Glass-Steagall separation That would be a start. But he also reckons that Wall Street is too powerful, and that attempts to rein in derivatives are doomed because the politicians are outgunned: Obama after the GFC and probably Romney too, if he wins. That may be true, but the fight is worth it.

So here’s an idea. Maybe we can ask how it was that a system created for people ended being blind to people, especially weaker people in places like Greece? In this anthrosphere we have created, the one thing we seem most averse to is putting human beings at the centre. Much better to see it as a machine, and to spend our time poking it to see how it works.

GMO White Paper_The Flaws of Finance_James Montier_May 2012

Links 5/19/12

Lambert Strether (Yves being on vacation).

Millennia-old Microbes Found Alive in Deep Ocean Muck Scientific American

Facebook IPO huge but no pop San Jose Mercury News

Much ado about nothing Felix Salmon

Morgan Stanley made big bet on Facebook Reuters

NIFA rejects Nassau, Morgan Stanley privatized sewers deal Long Island Business News (MS).

JPMorgan returns $168m to MF trustee FT. Some of the customer money is still missing.

How JPMorgan Is Like Enron Bloomberg, J.P. Morgan’s RiskMetrics™.

Geithner to Dimon: Resign From The Board Of the New York Fed Baseline Scenario (translating)

The biology of banking FT

Greece Must Exit Nouriel Roubini

Canadian oil sands flyover slide show Business Insider (Aquifer)

Union’s pension plan targeted for criminal probe McClatchy. International Brotherhood of Boilermakers. Small fry, at best.

More Americans clocking in during their golden years MSNBC

Test All Baby Boomers for Hepatitis C, CDC Urges Bloomberg (SW)

How Exercise Affects the Brain: Age and Genetics Play a Role Science Daily

Gallup survey finds support in Egypt for Muslim Brotherhood dropping as presidential vote nears McClatchy

Hopes fading for swift U.S., Pakistan deal on Afghan supply routes Reuters

Afghanistan: Bringing it all back home FT

New opium production bodes ill for Afghan security McClatchy

Cell Doors ‘Incapable of Locking’ at Giant Afghan Jail Wired

Joint Forces Staff College Class Suspended After Teaching America’s Enemy Is Islam HuffPo. Precious bodily fluids.

Teaching ‘total war against Islam’ Business Recorder. How it played in Pakistan.

Blogger Shines Light on U.S. Shadow War in East Africa Wired

Journalist, Plaintiff Chris Hedges Hails “Monumental” Ruling Blocking NDAA Indefinite Detention Democracy Now

House rejects Adam Smith’s ban on indefinite detention on U.S. soil Seattle Times

Payrolls Increase in 32 States, Led by Indiana and Texas Bloomberg

“Driven and motivated” (Atrios)

60K Expected At Sold-Out Ultra-Orthodox Jewish Rally Against Internet’s Evils Sunday Gothamist

Wireless Emergency Alerts coming soon to your phone (Furzy Mouse)

Japan seeks 15 pct summer power savings in west Reuters

Raised garden beds: hugelkultur instead of irrigation. I might try this.

* * *

D – 112 and counting. *

At the stroke of midnight in Washington, a drooling red-eyed beast with the legs of a man and a head of a giant hyena crawls out of its bedroom window in the South Wing of the White House and leaps fifty feet down to the lawn…pauses briefly to strangle the Chow watchdog, then races off into the darkness… –Hunter Thompson

Occupy. 400 detained at Frankfurt Occupy protest. Montreal outlaws masks, scarfs, hoods during public demonstrations “without a valid excuse.” Quebec National Assembly passes Bill 78, compared to War Measures Act. Section 16: Police to be told eight hours in advance of any demonstration of more than 10 people (possibly now 25). Gatineau Chamber of Commerce announces upcoming “assembly of more than 10 people,” asks police how many officers will be present so enough hors d’oeuvres may be prepared. Summer vacation brought forward at universities. A helpful guide to knowing if you’re in a riot. A more jaundiced view.

G8 Summit. Frederick County closed public schools Friday, police felt obligated to “prepare for the worst,” but only about 50 Occupy movement participants showed at a “People’s Summit” held in a library in advance of G8 (picture). Bucolic!

NATO summit. They’ve got drones. (But who, exactly?) They’ve got boats with machine guns (picture). CPD Superintendent Garry McCarthy on agent provocateurs: “What?” (video). Nice get! Bridgeport raid: 4 of 9 released uncharged. “Witnesses described police officers dressed all in black armed with battering rams and guns drawn swarming into the building, conducting warrantless searches and refusing to tell them what was going on.” Vigil outside the jail (picture). NLG lawyer: “We were met with silence. No, we don’t have anyone in custody, no we can’t confirm three was a raid.’”

“We are yet to see the ‘up to 10,000′ protesters that some have predicted for Sunday. Still, 48 hours is a long time in anti-war protesting…” National Nurses United march: “I’ve been nursing over 30 years, and I’ve never seen the country this bad. The movement is definitely building up steam. We are fired up [hmmm], and we are going to take this country back from Wall Street. We want our money back.” “Breakaway” protesters start marching and chanting spontaneously (!). But: “It became less about environmentalism and more about taking the streets. That is important, but I just like a more succinct message.” Sunday’s main anti-war event may lack NNU members. “I’m focussed on the healthcare issues. Besides, we’re flying back home.”

FL (Swing State). FL Rs at it again, purging voter rolls with bad data.

IA (Swing State). All three IA House Ds on record supporting some form of constitutional amendment to require a balanced federal budget [pounds head on desk].

OH (Swing state). R Party Chairman (Portage County) drops dime to FBI on R Gov Kasich offer of “influence.” Group looks to block fracking in Shalersville (DanPS).

NC (Swing state). Fracking bill advances in N.C. legislature. Nice fracking graphic.

PA (Swing State). Iffy job stats in PA. Construction down in the summer?!

TX. The foodie caucus.

WI (swing state). Walker holds out hope for iron mine. Yay, extraction! How the Ds are blowing the narrative on jobs by lazy thinking about the data. Will Ilya Sheyman please pick up the white courtesy phone?

Inside Baseball. Howie Kurtz fluffs Rahm. “Obama ground forces braced for air war” (FT). Air war being ads on the air, ground war being face-to-face GOTV (Get Out The Vote). Ricketts/Wright wrap-up: “An entrepreneurial venture, not a strategic one.” $700K for a few days work, not a bad deal! And who leaked to the Times? The story says a rival R, but both kids had motive. Banking sector puts its money on Mitt Romney (see under the Ratchett Effect). Panel at Harvard’s Institute of Politics on 2012 election (video). Worth a listen for the talking points, as long as you don’t believe a word anyone says (except for reporter Lynn Sweet, who’s old school). Sweet describes Obama HQ, “a big student union” with hundreds of staffers for months, and Romney HQ, where the electricians are still pulling wire through the walls. Nevertheless, national polls show statistical dead heat. Both seek to raise $750 million for their respective campaigns and parties. (A billion here, a billion there…) Charlie Cook on polls, pollsters, and polling. “Not all opinions are created equal.”

Romney. Romney Steel Dynamic take-down. “It’s the economy, stupid!”

Feeding frenzies. It’s quiet. Too quiet.

* 112 days ’til the Democratic National Convention ends with a torchlight parade on the floor Bank of America Stadium, Charlotte, NC. Fire exists the first in light, A simile that has been absorbed into the forms of our language produces a false appearance, and this disquiets us. “But this isn’t how it is!” — we say. “Yet this is how it has to be!”

* * *

Antidote du jour (hat tip, friend of Aquifer):

Interview, MERS RICO complaint: Doug Welborn, State District Court Clerk vs. MERSCORP Shareholders and Trustees (“the banksters”)

By lambert strether of Corrente.

Yes, I know that Doug Welborn, East Baton Rouge Parish Clerk of Court vs. MERSCORP Shareholders and Trustees (“the banksters”) is a bit unwieldy as a case name, but it’s a lot less wieldy than the actual name — [32 parish clerks in Louisiana, so far] vs. [16 big banks including TBTF poster weasels BAC, JPM, and WFC (but not GS)] — so I think I’ll just go with “Welborn” from here on in.

The triple damages claim under civil (sigh) RICO is a billion dollars or so for Louisiana alone — real money — which makes Welborn interesting. Even more interesting is that RICO, as a “theory of the case,” is simple, clean, and easy to explain, unlike so many of our criminal banksters’ crooked schemes. We caught up with the trial lawyer for Welborn, Ted Lyon, and interviewed him. Did I mention the claim is for a billion?

Skip ahead, if you wish, to the interview, it’s indented, but the backstory is important, too: Hat tip to alert reader Roger Bigod, who piqued my interest in comments with “county clerk’s suit”, leading to this link on Louisiana clerks suing the banks under RICO. So I searched the go-to site on foreclosure fraud and found this post (love the graphic!), which linked to this fine story in the Baton Rouge Advocate. The reporter, Bill Lodge, had some excellent quotes from Richard D. Faulkner, Esq., so I found Faulkner and called him. Faulkner was gracious enough to play phone tag with a pseudonymous blogger whose answering machine was full, and then to hear him out. He put me in touch with Ted Lyon, who’s going to try Welborn. (It seems that these days there are very few lawyers who actually appear in court, but Lyon is one such. I note with pleasure that Lyons took a packet from Koch Industries for the death of a child.) I then arranged, on very short notice, for a professional interviewer (hat tip, Stephen Malagodi) to speak with Lyon, and a professional transcriptionist (hat tip, KL), whose collaboration you see below. With more time, we’d have done more preparation and some editing, but think of any solecisms as signs of authenticity, like scars in fine leather.

I go through all this detail, not to bewail the rigors of a blogger’s life, but to raise a single, simple question: Why does The New York Times give front page treatment to a $25 million bribery scandal run out of Bentonville, Arkansas, and no coverage whatever to the filing of a $1 billion dollar lawsuit over an accounting control fraud scheme run largely out of Manhattan? (“Your search – Baton Rouge RICO site:www.nytimes.com – did not match any news results”; 2:20AM, April 25, 2012.) A question that answers itself, once asked. Perhaps Krugman will cover the story in his blog.

So, to the interview, which took place yesterday, April 24,at 9:00AM EST. Note that one of our goals in the interview was to get the theory of the case explained in simple terms, so that we can explain it to our neighbors or in the coffee shop. After the interview there is a copy of the complaint, and so, readers, you may introduce as much complexity as you wish. (If the copy does not display in your browser, try the link.) Further, you will notice that Lyon seems to be familiar with the great Peggy Noonan’s dictum It would be irresponsible not to speculate. And, quite properly for one in his position, to disagree with it completely. You, readers, however, may speculate freely!

SM: We’re speaking with Ted Lyon of Ted Lyon & Associates. Mr. Lyon is filing a suit regarding the MERS, Mortgage Electronic Registration System. Thank you for joining us, Mr. Lyon.

TED LYON: Well, thank you.

Tell us what MERS is.

TED LYON: Mortgage Electronic Recording System is a system set up by a number of banking entities, primarily in New York, the large financial institutions, to avoid recording fees that they are due to pay across the United States every time they record a mortgage. This is tied back to the mortgage-backed securities that nearly brought the country to financial ruin. It was developed on Wall Street by a lot of folks in that industry, and each time you have a mortgage, by law in almost every state, the person that sells that mortgage or transfers it, in other words the bank, is supposed to pay a recording fee to your local county clerk so they can keep the title clean and record it. They set this system up so they wouldn’t have to pay these fees, and we believe that eventually they have benefited to the tune of billions of dollars as a result of that, by not paying county clerks across the United States.

Well, let’s back up just a minute. The actual system, the Mortgage Electronic Registration System, is a computer database, basically, but that was set up by one company. Why do you say that it was set up by banks? Isn’t it a single company?

TED LYON: Correct. But all the evidence that we have developed shows that it was a scheme that was developed by the defendants that we have in this lawsuit.

Well, who are your defendants?

TED LYON: Well, I don’t have the list here. There are several of them [see below. --lambert]

How would you describe them? Are they the big four banks, or who are they?

TED LYON: The defendants are the major banking entities in the United States as well as some other banking entities, but the largest ones in the United States, but almost all of them are very huge banking entities.

So is MERSCORP, Incorporated itself part of your suit or not?

TED LYON: Yes, it is.

So MERSCORP , Incorporated is the actual company that runs this database. They’re included plus the major institutions in the banking industry, is that right?

TED LYON: Yes.

Okay. So, give me a little bit about the background of this case. How did it come about? Who’s your plaintiff?

TED LYON: Well, right now we have a number of counties or parishes in Louisiana that have signed on with us. I think the number is over 32, and we have more coming in every day. And that’s the basis of our lawsuit, because the county clerks, or the clerks of court is what they’re called in Louisiana, they are required to record these mortgages and they have not been given that information. This is a very serious issue because if you have a house and you have a mortgage on it, you want to be sure that if you buy a house that has a mortgage on it you have a clear title to it. So by failing to do that recording, we believe it affects the title. I mean this has happened all over the country. And we also have a number of counties in Texas that we represent and we’re going to be filing a suit in Texas here in the near future.

So you’re filing on behalf of county – I would assume mostly county governments. Are there no individual homeowners that are involved in this?

TED LYON: No. Our case is we’re representing the counties or the parishes. We’re not representing any individual homeowners, even though they have been damaged also. That’s not our lawsuit. Our lawsuit we think is on firmer footing, and what makes this different than most other lawsuits – there have been a number of lawsuits filed against MERS across the country, but they’re basically all, almost all of them have been brought as a result of the individual homeowner. We’re not going to go that route because that’s just too time-consuming and also many of those cases have been lost.

So, given that, tell us the theory of your case, since it’s not representing homeowners but it is representing local government entities. Tell us the reason for that approach.

TED LYON: Well it’s pretty simple. We believe they’re required by law to pay recording fees every time they change these mortgages. In other words, every time they transfer a mortgage they’re supposed to pay a recording fee to the county, by law. And they set up this system to avoid that. And so each time they transfer a mortgage, instead of recording it with the county clerk or the parish, the clerk of court, they record it through MERS. And so they’re avoiding paying the $150 each time they – and I’m giving you just a ballpark figure here, $150, maybe as much as $200 – each time they change that mortgage. So they don’t pay that to the county clerk. So the county clerk, the county government, the parish government, loses that $150 to $200. And when you multiply that times the number of mortgages that are changed, that change hands in a county the size of some of the counties down in Louisiana, you’re talking hundreds of millions of dollars.

Now, you say that the defendants set this system up to avoid the payment of these fees. The defendants may say that they set this up because the process is cumbersome, that they were trying to establish some efficiencies in the mortgage security market. So, do you have – (crosstalk)

TED LYON: Well, when you’re talking about – yeah, sorry, go ahead.

I’m sorry. Do you have any evidence that the reason that they set this system up was indeed for the avoidance of paying these fees rather than, you know, inefficiencies in the business model?

TED LYON: Yes. Their website says it. And it said it for a number of years. As well as depositions that have been taken in other cases by some other chief executives.

So they specifically say themselves that the reason that they set this up was to avoid the payment of these local government fees?

TED LYON: Exactly.

Now, that probably isn’t in itself against the law, trying to, you know, trying to maximize your profits. It’s certainly not against the law in the United States. How – the simple fact that they may admit that they were doing this to avoid these particular fees, is that itself a basis for your suit?

TED LYON: No, they’re required by law to record these mortgages with a county government official. There’s no doubt about that. There is no – the federal law requires that. And they are not living up to the federal law. It’s not – there isn’t any, in our opinion as lawyers in this case, there’s no debate over that. We know, based on federal laws, that they are required to record that with a local county government, and they are not doing that. They have not been doing that for over 10 years.

Is there a reason why you are filing this suit in Louisiana? Is there something particular about the law in Louisiana that is conducive to this suit?

TED LYON: Well, Louisiana does have very strong laws in this area and we have some very good local counsel in Louisiana that are helping us on the case, and we were able to get most of the local governments down there to sign on. I mean, we’re in the process of doing the same thing in Texas, but it’s a little more difficult in Texas because of you have to have so many different levels of local government agree, whereas down in Louisiana they can pretty much, if the clerk of court wants to agree to the lawsuit, it’s a pretty simple matter. So in Texas or with some other states you have to go through the county attorney and then he has to go to the Commissioners Court – I mean, it’s, I would liken it to herding cats to sometimes get all these local politicians to sign on. But it’s coming along.

So, if your case in Louisiana is successful, will this have implications in other states?

TED LYON: Absolutely. If we’re successful in Louisiana, it will have a ripple effect across the country.

In what way? I mean you just said that filing these suits in other states is much more complicated, so how would winning in Louisiana impact what the law is in Illinois, for instance?

TED LYON: Well, almost every state has the same recording requirement that they record those mortgages locally, so in every state they’re not doing it. So it’s a simple matter of proving to your local elected official that this is a case that they need to bring. And of course this is a test case, so if in fact we are successful, then we feel very confident that other states will follow.

How big is this suit? Is it going to be, does it have the potential to be another tobacco industry sized case?

TED LYON: I don’t want to compare it to that. We think it’s huge. How big it is and how huge it may be is totally – it depends on whether or not we have the case. I mean, if we actually have the law right, and we think we do, then it’s going to be huge. I won’t characterize it as being as big as the tobacco litigation, though.

Well let’s compare it, just for the sake of comparison, to the tobacco litigation case. That took a long time for those suits to finally succeed, I think 10 or 15 years. How long do you think this fight is going to drag out, at least in Louisiana?

TED LYON: Well, I think in Louisiana, and in federal court you have what is called a 12(b)(6) motion, and that’s where they try and dismiss your case for lack of evidence, a good lawsuit. And this is the first one of these cases that’s like this that’s been filed. If they are successful, then it’ll be over very quickly. If they are not successful, and we are successful, then from there you would spend probably a year or more determining the damages. The damages are relatively easy to figure. We can do that, you know, because everything is now recorded through computers. You can run these numbers very quickly. You can determine – for instance, wherever you live you have a county government, and they have, there are so many houses in that county, and we know, we can determine from our computer discovery how many times those mortgages have been sold. It’s relatively simple to figure out how many times that house has been sold, what the recording fees would be, and then add that to the number that they would owe. And then in addition to that, under the federal RICO act, racketeering influenced corrupt practices act, you have treble damages on that, so you get your actual damages, then you treble those. And then you have attorneys fees, and those are kept up with on an hourly basis. So that would be a fairly – it’s not like the tobacco litigation, because that took a long time to determine the damages. But this case is pretty simple from a damages standpoint.

Why isn’t this a class action case, or is it?

TED LYON: It’s not a class action in Louisiana because we didn’t want it to be, and we wanted to have individual counties because we need their cooperation to come up with their damages, and we wanted to have a contractual relationship with each county that we represent down there. We don’t want to have to – one of the problems that you have with a class action, if you have one in this area, is that you may have a county that doesn’t want to cooperate, that doesn’t cooperate, it makes it real hard for your damages [for them?]. We want them to have some incentive to compute their damages.

Well you say the damages are fairly easy to compute. Have you computed them? Do you have any idea what the potential damages are?

TED LYON: We think in Louisiana the damages are over a billion dollars.

And that’s just in Louisiana, and you say that if you win your suit that this will have import in other states, so if we’re talking a billion dollars in Louisiana, we’re talking a lot of money potentially nationwide, correct?

TED LYON: Correct.

Some people have speculated that if you win your suit and this does in fact go national, that the defendants in this case, basically the U.S. banking industry, is going to face a need for recapitalization. So, you know, what was too big to fail in 2008 and 9 and 10 is still too big to fail. So are we looking at the possibility of, you know, catastrophic banking failure if your suit succeeds and goes national?

TED LYON: No, I don’t think so.

Do I detect a little hint of hopefulness there, that, no, you hope it doesn’t, or – ?

TED LYON: No. No, I don’t think so, at all.

Well, if we –

TED LYON: When you look at the national, when you look at the assets of every one of these defendants, they can afford to pay the damages that they have taken from the counties over a number of years and pay those back to the counties. And if they stole that money, which is what we’re saying they did, they owe it. And they have made multiples off the money that they took from the counties, and their assets are well, well within the realm of paying these damages.

So you don’t, you don’t see any real dire consequences for the banking industry if this – if your suit and similar suits in other states succeed?

TED LYON: No. They have plenty of money to pay these damages.

Now you said, you mentioned earlier about possible RICO implications here. Yours is a civil suit, but can you see criminal charges coming out of your case through the discovery process? Have you, can you tell us what you expect to find in discovery?

TED LYON: No, I really don’t want to speculate on that. We’ll just have to wait to see what the evidence – where the evidence goes and what it points to.

So you just don’t want to comment about the possibility of criminal charges coming out here?

TED LYON: No.

Hm. Okay.

TED LYON: That would be pure speculation on my part.

Well thank you very much, Mr. Lyon. We appreciate it, and good luck with your case, sir.

TED LYON: All right, well you have a good day.

You too, sir.

* * *

Here’s a copy of the complaint:

Rico Louisiana

Two points of interest:

1. I’ve extracted the list of defendants from the complaint document above. You’ll notice they fall into two classes: Shareholders, and Trustees.

  • BNY Mellon**
  • Bank of America*
  • Chase*
  • Citi*
  • Deutsche**
  • GMAC*
  • HSBC*
  • HSBC Bank**
  • J.P. Morgan Chase**
  • LaSalle**
  • Merrill Lynch*
  • Nationwide*
  • SunTrust*
  • United*
  • Washington Mutual*
  • Wells Fargo*,**

KEY
* Shareholders of MERSCORP, and “MERS members” of Mortage Electronic Registration Systems
** Trustees of residential mortgage-backed securities

2. The following two causes of action seem especially salient to me (though legal experts will correct me):

64. All Defendants, together with Mortage Electronic Registration Systems, Inc. and MERSCORP, Inc., constitute an association-in-fact “enterprise” (the “MERS Enterprise”) as the term is defined in 18 USC § 1964(4) [RICO], that engages in, and the activities of which affect, interstate commerce. The members of the MERS enterprise are and have been associated through time, joined in purpose and organized in a manner amenable to hierarchical and consensual decision-making, with each member fulfilling a specific and necessary role to carry out and facilitate its purpose. Specifically, Defendant Shareholders operated and directed the affairs of MERS to enable them to transfer mortages in a manner designed to unlawfully avoid payment of required recording fees, directed the publication of advertising materials to investors and the general public misrepresenting the need for properly recording mortgage conveyances, actively concealed the lack of valid assignments from investors, and mailed false notices, including, but not limited to, foreclosure documents, to Plaintiffs, homeowners and others. The Defendant Trustees conspired with the Defendant Shareholders to create the MERS scheme, and assisted in implementing the scheme by disregarding their duty as trustees to ensure proper perfection of the mortgages, facilitating the creation and profitability of mortgage-backed securities. The execution of the MERS scheme would have been beyond the capacity of each member of the MERS Enterprise acting singly and without the aid of each other.

I have to say, that if you want to slice the kleptos out of a kleptocracy, RICO would seem the perfect surgical tool. After all, what is a kleptocracy but a racket?

69. Further. each of the Defendants has conducted and/or participated in the conduct of the MERS Enterprise’s affairs through a pattern of racketeering activity in violation of RICO, 18 USC § 1962(c), by engaging in numerous acts of mail fraud and/or wire fraud. False representations or fraudulent pretenses made by defendants include:

1) misrepresenting to homeowners, investors and MERS members the need for recordation of assignments in the parish records;

2) mailing and/or electronically transmitting false notices, including foreclosure documents, to Plaintiffs, homeowners and others;

3) actively concealing its lack of valid assignments from investors, Plaintiffs, and homeowners.

So the Tinkertoy-quality MERS website (“MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans”) is a case of wire fraud? Too funny.

* * *

When I was talking with Richard Faulkner I was reminded of this passage from Reflections on the Psalms, by C.S. Lewis. He wrote:

The Unjust Judge in the parable [Luke 18:8] is quite a different character. There is no danger of appearing in his court against our will: The difficulty is the opposite — to get into it. It is clearly a civil action. The poor woman (Luke 18:1-5) has had her little strip of land — room for a pigsty or a hen-run — taken away from her by a richer and far more powerful neighbor (nowadays it would be Town Planners or some other “Body” [or "entity" -- lambert]). And she knows she has a perfectly watertight case. If once she could get it into court and have it tried by the laws of the land, she would be bound to get that strip back. But no one will listen to her, she can’t get it tried. No wonder she is anxious for “judgement.”

Behind this lies an age-old and almost world-wide experience that we [sic] have been spared. In most places and times it has been very difficult for the “small man” to get his case heard. … Hundreds and thousands of people who have the right entirely on their side will at last be heard. Of course they are not afraid of judgement. They know their case is unanswerable — if only it could be heard.

How many of us are in that position, literally and metaphorically! Our case is unanswerable. If only it could be heard. So let’s hope for a favorable outcome for that 12(b)(6) motion.

UPDATE Cross-posted to Corrente. Attributions added, plus the Hatlo hat tip image.

PODCAST

Earth Day: Mycelium Running

Lambert here. If your heart goes pit-a-pat when you hear the phrase “mycelial mat,” these presentations from mycological entrepreneur Paul Stamets, taken from the Agricultural Innovations podcasts of 2007, are for you.

The Big Picture (hat tip) put up two short, much more focused and, though I say it, investor-friendly TED talks from Stamets today, but I think the following long-form podcasts give a greater sense of the cornucopia of blazing insight that Stamets provides. Listen to these instead of NPR!

Part 1:

Part 2:

Part 3:

Part 4:

Part 5:

* * *

Brief comment:

I think it’s fascinating and a sign of health and hope that Stamets’s ideas are starting to get take root (or…. extrude mycelia). And like fungi, his ideas are to be found in some odd places.

NOTE Cross-posted to Corrente.

Links 4/17/12

Memory Foraging: When the Brain Behaves Like a Bee Scientific American

On the Border Between Matter and Anti-Matter: Nanoscientists Find Long-Sought Majorana Particle Science Daily (furzy mouse)

All Five Star Trek Captains Unite at London Event Vancouver Sun (Valissa)

U.S. Senator Tours Fukushima, Warns Situation Worse Than Reported …Urges Japan to Accept International Help to Stabilize Dangerous Spent Fuel Pools George Washington’s Blog. “A small, makeshift sea wall erected out of bags of rock.”

Sordid footnote offers lesson for megabanks FT

Iceland’s President Explains Why The World Needs To Rethink Its Addiction To Finance Business Insider

‘Full Crisis Mode’ Returns to Spain Guardian

Spanish-Bailout Chatter Rising Marketbeat, Online WSJ

Exclusive: Briton killed after threat to expose Chinese leader’s wife Reuters

Rotting From Within: Investigating the Massive Corruption of the Chinese Military Foreign Policy

GSA Inspector General is Investigating Possible Bribes, Kickbacks WaPo

Americas Leaders End Summit in Discord NTN24

The Secret Service’s Prostitution Problem The New Yorker

Agents Assigned to Protect Obama Found Their Girls at the Pley Club in Cartagena, Colombia New York Daily News

Rousseff Warns of Tsunami of Money Rio Times

Argentinian President Moves to Nationalise Spanish-owned Oil Assets Guardian

Israeli Soldier Clubs Danish Protester with Rifle Guardian

Personalizing Civil Liberties Abuses Glenn Greenwald, Salon. First, they came for the Muslims.

The Privacy Nightmares of CISPA FDL

The Rise of the Killer Drones: How America Goes to War in Secret Rolling Stone (barrisj)

Texts from Drone. The trope of the moment.

The Zombie Files: Nearly 7,000 Stagnating Foreclosure Cases Lie Dormant in Palm Beach County’s Courts Palm Beach Post

Chriss Street: Orange County’s Iceberg Dead Ahead Testosterone Pit

Wells Fargo Now A Major Shareholder In For-Profit Prisons Crooks & Liars (furzy mouse)

“The Migration Myth” Economist’s View. ALEC pins the bogometer yet again.

The Games Politicans Play With Employment Statistics Economic Populist

Aluminum Warehouse Orders, Premiums Signal Scarcity of Metal Business Week

LA area Port Traffic increases in March, Exports Hit New Record Calculated Risk

Ishihara Shintaro Proposes the Purchase of the Senkaku Islands Japan Security Watch. “Deliciously interesting and mildly deranged.”

South Korea’s Economic Reforms – A Recipe for Unhappiness Guardian, Ha-Joon Chang (Aquifer)

Six degrees of Aggregation: How The Huffington Post Ate the Internet Columbia Journalism Review

Herbert Hoover: “Nothing is more important than balancing the budget with the least increase in taxes.” The American Presidency Project, via Credit Slips

Deny the Facts When They Contradict the Theory Bill Mitchell

Antidote du jour (furzy mouse):

Dirk Bezemer: Creating a Socially Useful Financial System

By Lambert Strether of Corrente.

Here’s more material from this iNet “Paradigm Lost” conference in Berlin (from which Yves has just returned). Hat tips to readers BT and JurisV for suggesting it.

Here’s the introduction:

The first thing we need to say to each other is what do we mean by socially useful… Now the first thing to notice about this is that conventional cutting-edge macro monetary theory here is of no help at all in determing what is a socially useful credit sector, and that’s for the simple reason that there is no credit sector in the cutting edge macro models today.

OK, this goes back a long way: Frank Hahn [sp?] in the 1960s wrote a paper on problems of proving the existence of money in the multi-market equilibrium economy, so money itself is not supposed to exist even. This has been laid out and explained in many publications since. And my point is not to bash macroeconomics as it is today, but my point is that we really need to look for other models and other ways of thinking if we want to get to an assessment of what is a socially useful credit system. Supporting these you might say science fiction models [ouch], financially speaking, because there is no finance in them, the models that central bankers use have no banks — just let that sink in — is fictional history….

The whole presentation is deadpan screamingly funny, besides providing some superb analytical and polemic tools. Don’t listen to NPR with your morning coffee; listen to this!

NOTE Readers, sorry I had to take this down for a bit; fifty lashes with a wet noodle for lambert, for overexcitedly pressing the Submit button too early.

Links 4/15/2012

‘Sounds of Silence’ Proving a Hit: World’s Fastest Random Number Generator Science Daily (Server)

Paper and model show climate impacts of methane leakage from natural gas Environmental Defense Fund

Fracking concerns raised over N.C. homes sold without underground rights McClatchy. Texas homebuilder DH Horton sets neighbor against neighbor.

Frackers Outbid Farmers For Water in Colorado Drought Alternet (Aquifer)

Obama Open to Debate on Drug War, But Legalization Is ‘Not the Answer’ ABC. Some “debate.”

Agreement reached with Iran on formal nuclear talks in May McClatchy

11 Secret Service agents put on leave amid prostitution inquiry WaPo

Olympics 2012: branding ‘police’ to protect sponsors’ exclusive rights Guardian

Exposed: The reality behind London’s ‘ethical’ Olympics Independent

What Amazon’s ebook strategy means Charles Stross

Google Fined for Impeding Data Collection Inquiry Times

“Although a world leader in digital search capability, Google took the position that searching its employees’ e-mail ‘would be a time-consuming and burdensome task,’ ” the report said.

U.S. has 18th best unemployment benefits in OECD; also trails 13 non-OECD countries Angry Bear

Unofficial Problem Bank list declines to 944 Institutions Calculated Risk

Saving Capitalism From the Capitalists: Are the Trading Desks Destroying the Futures Markets? Jesse’s Café Américain

JPMorgan Said to Transform Treasury to Prop Trading Bloomberg. What could go wrong?

Meet Allan Hill, the man who lives In Detroit’s abandoned Packard Auto Plant Yahoo Auto

‘Guerrilla gardeners’ spread seeds of social change WaPo

Israel forces airline to cancel tickets of British ‘flytilla’ activists Guardian. Who next?

‘My name is Khan and I am not a terrorist’: Bollywood star detained at US airport, again Russia Today

Sidestepping Debate, Appeals Court Dismisses Airline Passenger, Pilot Lawsuit Over Scanners, Virtual Strip Searches & Full-Body ‘Rub-Downs’ Rutherford Institute. Strange bedfellows!

In justifying the dismissal, U.S. District Court Judge Henry H. Kennedy, Jr. cited a secret order issued by the TSA requiring that the D.C. Court of Appeals hear any reviews of TSA procedures.

What next? Lettres de cachet?

Inter-Parliamentary Union Condemns Government Investigation into Member of Iceland’s Parliament Electronic Frontier Foundation

Argentina ex-dictator admits dirty war “disappeared” Reuters

Police Shooting of Mentally Ill, Unarmed Man in Alabama Triggers March Afro-American News

Why Are McDonald’s, Coca-Cola, and Intuit Fleeing ALEC? Business Week

ALEC has attracted a wide and wealthy range of supporters precisely because it does its real work in a black box. Membership lists are secret. The origins of the model bills are secret. Deliberations and votes on model bills are secret. The model bills themselves are secret.

ALEC is prefigurative of the government the 1% would like to see. No transparency. No accountability.

As elections approach, France contemplates a bonfire Reuters. French first vote April 22.

How Hillary Got Hot The Daily Beast. Howard Kurtz, who has not yet appeared on Atrios’s little list.

Spain’s King Juan Carlos has emergency hip replacement after falling during Botswana elephant hunting trip Daily Mail

New photos show damaged fuel storage pool at Fukushima plant Asahi Shimbun “Within the next three years, TEPCO plans to begin removing the spent fuel rods from the storage pool.”

Fukushima governor rips restart of Oi nuclear reactors Asahi Shimbun

A Visual Tour of the Fuel Pools of Fukushima George Washington’s Blog

Forum: The Port Huron Statement at 50 Boston Review. Rehabilitating Ayers and Dohrn.

Not Just Another Fake Mona Lisa Times (Christine Monnier)

Israel’s Other Temple: Research Reveals Ancient Struggle over Holy Land Supremacy Der Speigel

America: The Gasoline War The Archdruid Report

Antidote du jour: