Yearly Archives: 2011

Corporate Police State: Cisco Enlists Prosecutors to Impede Whistleblower Lawsuit

You know it’s bad when a significant court of one of your most loyal foreign allies issues a major slapdown.

David Sirota of Salon (hat tip reader Marshall Auerback) reports on a stunning case (and yours truly is not easily stunned) and serves to reveal the depth of corpocracy in the United States.

The very short form of this story is that Supreme Court of British Columbia ruled that Cisco and US police and prosecutors engaged in a “massive abuse of process” to have a former executive who had filed an anti-trust suit against Cisco imprisoned.

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Michael Hudson: Will Greece Let EU Central Bankers Destroy Democracy?

Yves here. This is a long and important post. Hudson reports that he has gotten a great deal of correspondence from Greece saying that articles like this arguing against the pending stripping of Greece by banks are being translated and circulated widely to provide moral support. If you cannot read this piece in full, please be sure to read the discussion at the end of how Iceland stared down its foreign creditors.

By Michael Hudson, a research professor of Economics at University of Missouri, Kansas City and a research associate at the Levy Economics Institute of Bard College. Cross posted from CounterPunch.

Promoting the financial sector at the economy’s expense

When Greece exchanged its drachma for the euro in 2000, most voters were all for joining the Eurozone. The hope was that it would ensure stability, and that this would promote rising wages and living standards. Few saw that the stumbling point was tax policy. Greece was excluded from the eurozone the previous year as a result of failing to meet the 1992 Maastricht criteria for EU membership, limiting budget deficits to 3 percent of GDP, and government debt to 60 percent.

The euro also had other serious fiscal and monetary problems at the outset. There is little thought of wealthier EU economies helping bring less productive ones up to par, e.g. as the United States does with its depressed areas (as in the rescue of the auto industry in 2010) or when the federal government does declares a state of emergency for floods, tornados or other disruptions. As with the United States and indeed nearly all countries, EU “aid” is largely self-serving – a combination of export promotion and bailouts for debtor economies to pay banks in Europe’s main creditor nations: Germany, France and the Netherlands. The EU charter banned the European Central Bank (ECB) from financing government deficits, and prevents (indeed, “saves”) members from having to pay for the “fiscal irresponsibility” of countries running budget deficits. This “hard” tax policy was the price that lower-income countries had to sign onto when they joined the European Union…..

At issue is whether Europe should succumb to centralized planning – on the right wing of the political spectrum, under the banner of “free markets” defined as economies free from public price regulation and oversight, free from consumer protection, and free from taxes on the rich.

The crisis for Greece – as for Iceland, Ireland and debt-plagued economies capped by the United States – is occurring as bank lobbyists demand that “taxpayers” pay for the bailouts of bad speculations and government debts stemming largely from tax cuts for the rich and for real estate, shifting the fiscal burden as well as the debt burden onto labor and industry.

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On the Shortcomings in US Nuclear Emergency Plans

I normally leave the nuke/Fukushima aftermath beat to George Washington, but furzy mouse sent me a link to this very straightforward and well done video by Arnie Gunderson of Fairewinds.

This evokes weird parallels to what we learned in the wake of Hurricane Katrina: it was obvious more needed to be done to protect public safety, but no one was willing to do it. And in visit to New Orleans over the Christmas holidays, I learned the levees have not been made higher as the Army Corps of Engineers recommended. All that happened was the breaks in the levees were patched.

Gunderson gives a straightforward account of theory v. probable practice in a nuclear accident:

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“Debtors’ Prison”: Bob Kuttner on the Costs of Rentier Rule

Bob Kuttner has an elegant and important article at American Prospect, “Debtors’ Prison“. It’s an evocative, historical form of the argument made here and elsewhere: that advanced economies have gone down a disastrously bad path in not writing down debt that can’t realistically be paid.

The usual poster child for “why not writing down debts is a bad idea” is Japan, but that isn’t gripping enough to evoke the right responses. Even though its post-bubble growth has been dreadful, Japan is still a well-run, tidy country with a low crime rate, universal health care, long life expectancy, and tolerable unemployment. That in turn is due to factors that do not obtain much of anywhere else: Japan was very cohesive to begin with, and its elites chose to have their incomes fall relative to everyone else to save jobs. Wage compression at large companies has increased dramatically. This is the polar opposite of what has happened in the rest of the world, where the gap between the haves and the have-nots has widened.

Kuttner provides another set of examples as to why we need to get the creditor boot off all our necks:

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On Fauxgressive Rationalizations of Selling Out to Powerful, Moneyed Backers

I’m surprised that my post, “Bribes Work: How Peterson, the Enemy of Social Security, Bought the Roosevelt Name” has created a bit of a firestorm within what passes for the left wing political blogosphere. It has elicited responses from Andy Rich of the Roosevelt Institute, Roosevelt Institute fellow Mike Konczal, as well as two groups only mentioned in passing in the piece, the Economic Policy Institute and the Center on Budget and Policy Priorities.

They all illustrate the famed Upton Sinclair quote, “It is difficult to get a man to understand something when his job depends on not understanding it.” And so it is not surprising that all of them engaged in straw man attacks and failed to engage the simple point of the post: if you have a clear purpose and vision, you do not engage in activities that represent the polar opposite of what you stand for.

These “the lady doth protest too much” reactions reveal how naked careerism has eroded what little remains of the liberal cause in the US.

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Larry Platt, Prominent Securitization Lawyer, Made False Statements About BofA Mortgage Transfers

I wanted to follow up on an important article by Abigail Field, in which she did some serious spade work on the mortgage securitizations. Among other things, its shows prominent securitization attorney Larry Platt, who accused judges who interfered with the imperial rights of banks to foreclose of engaging in an “assault on the legal system,” to be a liar. Funny how that type is eager to try to say everyone else is engaged in bad conduct.

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Florida Homeowner Forecloses on Bank of America Branch

I suspect readers will get quite a bit of pleasure from this news story.

Bank of America tried to foreclose upon the home of a Florida couple who had paid cash for their house and therefore did not have a mortgage. The wronged pair not only got the suit dismissed, but the judge awarded them legal fees. After five months of Bank of America ignoring letters and calls to the bank about their failure to pay up, their lawyer foreclosed a BofA branch.

See the CBS video for more details:

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Philip Pilkington: Debt, public or private?: The necessity of debt for economic growth

By Philip Pilkington. Journalist, writer, economic anti-moralist and aficionado of political theatre

‘Tis not due yet; I would be loath to pay him before
his day. What need I be so forward with him that
calls not on me? – Falstaff, ‘Henry VII’

The Anxieties of Government and Debt

Apart from debt, there is perhaps one other economic phenomenon that generates exceptionally large amounts of emotive nonsense both on the internet and in real life – and that is government. So it’s quite unsurprising that when government debt is the discussion of the day, passions flare, accusations are hurled and the coming apocalypse is invoked.

It would be interesting to undertake a psychological study of modern man’s aversion to government and to debt. If I were to guess I would say that many people tend to associate government with authority and debt with obligation. Authority and obligation – surely in our era of selfish hedonism no other potential restraints are so terrifying to so many. These phenomena intrude rudely on one of our most cherished contemporary ideological myths: individualism. More specifically, that outlandish individualism conjured up by marketing men to flog their wares and crystallised in novels and narratives written by lonely and isolated individuals like Ayn Rand. It is, of course, a fantasy individualism; one that few truly adhere to in their day-to-day lives – but it is, like the religions of days gone by, an important determinate in the messages people choose to accept and those they choose to reject.

To put the questions of individualism and of liberty aside though, from an economic point-of-view debt is inevitable.

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Fortune Confirms Pervasive Defects in Bank of America Mortgage Documents

Do you remember the brouhaha over testimony by a senior executive in Countrywide’s mortgage servicing unit last year? It called into question whether mortgages had been conveyed properly to securitizations, which in turn would impair Bank of America’s ability to foreclose.

Let me refresh your memory. As we wrote last year:

Testimony in a New Jersey bankruptcy court case provides proof of the scenario we’ve depicted on this blog since September, namely, that subprime originators, starting sometime in the 2004-2005 timeframe, if not earlier, stopped conveying note (the borrower IOU) to mortgage securitization trust as stipulated in the pooling and servicing agreement….

As we indicated back in September, it appeared that Countrywide, and likely many other subprime orignators quit conveying the notes to the securitization trusts sometime in the 2004-2005 time frame. Yet bizarrely, they did not change the pooling and servicing agreements to reflect what appears to be a change in industry practice. Our evidence of this change was strictly anecdotal; this bankruptcy court filing, posted at StopForeclosureFraud provides the first bit of concrete proof. The key section:

As to the location of the note, Ms. DeMartini testified that to her knowledge, the original note never left the possession of Countrywide, and that the original note appears to have been transferred to Countrywide’s foreclosure unit, as evidenced by internal FedEx tracking numbers. She also confirmed that the new allonge had not been attached or otherwise affIXed to the note. She testified further that it was customary for Countrywide to maintain possession of
the original note and related loan documents.

Countrywide tried, in a thoroughly unconvincing manner, to retreat from the damaging testimony.

Abigail Field, an attorney who has regularly written on the mortgage mess at Daily Finance, published an article at Fortune that looks into whether DeMartini was simply being truthful and the notes were not conveyed correctly, which would mean Bank of America has a very big mess on its hands. Her conclusions are damning:

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Bribes Work: How Peterson, the Enemy of Social Security, Bought the Roosevelt Name

Bribes work. AT&T gave money to GLAAD, and now the gay rights organization is supporting the AT&T-T-Mobile merger. La Raza is mouthing the talking points of the Mortgage Bankers Association on down payments. The NAACP is fighting on debit card rules. The Center for Budget and Policy Priorities and the Economic Policy Institute supported the extension of the Bush tax cuts back in December. While it seems counter-intuitive that a left-leaning organization would support illiberal extensions of corporate power, in fact, that is the role of the DC pet liberal. This dynamic of rent-a-reputation is greased with corporate cash and/or political access. As the entitlement fight comes to a head, it’s worth looking under the hood of the DC think tank scene to see how the Obama administration and the GOP are working to lock down their cuts to social programs.

And so it is that the arch-enemy of Social Security, Pete Peterson, rented out the good name of Franklin Delano Roosevelt, the reputation of the Center for American Progress, and EPI. All three groups submitted budget proposals to close the deficit and had their teams share the stage with Republican con artist du jour Paul Ryan. The goal of Peterson’s conference was to legitimize the fiscal crisis narrative, and to make sure that “all sides” were represented.

Now this tidy fact is not obvious if you check the Peterson Foundation publicity for its “Fiscal Summit:”

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