Yearly Archives: 2011

Buzz Potamkin: Still Getting Away With Murder Manslaughter

By Buzz Potamkin, former studio executive and producer, in the biz for 40+ years, now a consultant

Today is the 100th Anniversary of the Triangle Shirtwaist Factory Fire.

Readers of this blog will notice a certain resemblance between Max Blanck and Isaac Harris, proprietors of the Triangle Waist Company, and today’s financial industry titans: serial fires (at least 4 previously, apparently at times with excess inventory, all conveniently insured), disregard for risk, blatant violation of governmental regulations and codes, use of corporate veils, aggressive legal representation, friendly “powers that be,” and continued unaltered conduct after the fact. Neither of them ever went to jail: both were beneficiaries of Judge Thomas C.T. Crain’s overly limiting jury charge in their trial for manslaughter in the death of 24-year old Margaret Schwartz, and both were cleared in the death of 23-year old Jacob Klein by Judge Samuel Seabury’s instructions to that jury to find for the defendants. (If you, humble reader, notice a certain pattern in judges named Crain and Seabury presiding in the cases of victims named Schwartz and Klein, let me not dissuade you.)

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GE, Leader in Tax Evasion, Pays Virtually No Tax Yet Got Bailed Out in Crisis

The New York Times reports tonight on what a great job General Electric does in tax evasion avoidance, reaping a tax credit of $3.2 billion on $5.1 billion of reported US profits. And while GE is a particularly egregious example by virtue of having the most sophisticated tax operation in the US, it illustrates a more general point. The idea that US corporations are heavily or even meaningfully taxed is a canard (and this is true at the small end of the spectrum too). While nominal tax rates may appear to take a serious bite out of corporate earnings, a myriad of loopholes and income-shifting schemes allows companies to slip the taxman’s leash.

And before some of you contend that this line of thinking is somehow anti-capitalist, consider the reaction of President Reagan when learning of GE’s skills in tax dodging:

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Richard Alford: Fed Policy, Market Failures and Irony

By Richard Alford, a former economist at the New York Fed. Since then, he has worked in the financial industry as a trading floor economist and strategist on both the sell side and the buy side. “..there is always a well-known solution to every human problem — neat, plausible, and wrong.” H L Mencken One […]

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Are Fannie and Freddie Giving Banks Yet Another Bailout by Not Pursuing PMI Claims?

The further you look at the banking mess, the more the same problems keeps staring back: too many losses, not anywhere enough equity or reserves, and a lot of tap dancing by the officialdom to pretend otherwise.

We wrote yesterday, thanks to some sleuthing by Chris Whalen, that Fannie and Freddie might be sitting on north of $100 billion of unreported losses. If they started realizing those losses, one of the first parties that would take a hit would be the private mortgage insurers, since on high loan to value loans (over 80% of appraised value), they were in the business of guaranteeing the loan balance in excess of 80%. So while the failure of the GSEs to act is no doubt part of the extend and pretend shell game, it serves to keep PMIs that would otherwise be as dead as certain notorious parrots alive.

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Matt Stoller: The Federal Reserve’s Wheezy Independence Takes Another Hit

By Matt Stoller, a fellow at the Roosevelt Institute. His Twitter feed is:
http://www.twitter.com/matthewstoller

You might have noted a few days ago that the Supreme Court ruled against Federal Reserve secrecy.  The case had to do with a lawsuit by Bloomberg’s Mark Pittman demanding access to emergency loan documents relating to the Fed’s bailout of Bear Stearns.  As the case traveled up the court system, major banks joined the Fed’s attempt to shield the information from public scrutiny.  Eventually, the Fed dropped the suit, but the banks didn’t give up.

A few days ago, the Supreme Court refused to hear the case, letting a lower court decision in favor of Pittman stand.  The Fed will now be releasing Bear Stearns-related emergency lending documents in a few days.

It’s a historic case.  You wouldn’t know that, however, by the response from Wall Street.
You might have noted a few days ago that the Supreme Court ruled against Federal Reserve secrecy. The case had to do with a lawsuit by Bloomberg’s Mark Pittman demanding access to emergency loan documents relating to the Fed’s bailout of Bear Stearns. As the case traveled up the court system, major banks joined the Fed’s attempt to shield the information from public scrutiny. Eventually, the Fed dropped the suit, but the banks didn’t give up.

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Marshall Auerback: The Economic Policy Behind Intervention in Libya Chases Its Own Tail

By Marshall Auerback, a hedge fund manager and portfolio strategist. Cross posted from New Deal 2.0

Any intentions of boosting the economy will be obliterated by our spending on military actions.

As my friend Chuck Spinney has noted in an exchange of emails, President Obama’s actions in Libya show that he has caved in to the “humanitarian interventionists” in his administration, as well as British/French/American post-colonial and oil interests. The result: yet another war with a Muslim country that has done nothing to us. Additionally, the fact that we are doing nothing to staunch the Saudi/Bahraini/Yemeni crackdowns smacks of hypocrisy and will hurt us even more on the Arab streets.

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Beware the Predatory Pro Se Borrower!

Somehow, “predatory pro se borrower” reminds me of “The Attack of the Killer Tomatoes.” Pro se defendants are generally lost souls in the court system. They typically get up, flail around before a frustrated judge, and lose (cinematic examples to the contrary, like “Find Me Guilty”, notwithstanding). So the idea that they could rise to the level of being threatening enough to be “predatory” seems like more than a bit of an oxymoron.

But this document depicts these usually hapless defendants as a danger (hat tip April Charney):

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How the US Got in the Torture Business

Normally, I’d relegate an article that discusses torture to Links and let readers chat it up among themselves. But an article at TruthOut on the genesis of the US torture program needs to be read widely. And in many respects, it’s not as off topic as it might seem to be.

On one level, it is a troubling illustration of an Israeli saying, “Love your enemy, for you will become him.”

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Sleaze Watch: NY Fed Official Responsible for AIG Loans Joins AIG As AIG Pushes Sweetheart Repurchase to NY Fed

The corruption in high places is getting more and more brazen with every passing day. The only thing that separates the US from conventional banana republic status is that no one leaves keys to new luxury cars on the desks of officials to secure their cooperation. It’s just not enough of an inducement to get anyone to take action.

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More on the Lack of Criminal Prosecutions: Was the SEC Deterred by a Widely Overlooked Ruling?

Bloomberg’s Jonathan Weil, who is normally an effective critic of bank chichanery and weak regulatory oversight, may have missed the mark on a key issue in an article last week, “Moral for CEOs Is Choose Your Fraud Carefully“. In it, he criticizes the SEC for failing to attack accounting fraud:

It seems the Securities and Exchange Commission won’t be doing anything to challenge that pretense, either, and that this may be by design. The SEC for years has been bending over backward to avoid accusing major financial institutions of cooking their books, even when it’s obvious they did. So much for upholding financial integrity.

Weil cites a series of object lessons where the SEC has not gone after financial firms executives for accounting fraud: Fannie Mae’s Donald Mudd, Countrywide’s Angelo Mozilo, and three executives at Indy Mac. Weil charges them with “see no accounting evil”.

Let’s be clear: I’m no fan of the SEC’s actions in the wake of the crisis. The regulator has been kept resource starved. Under Arthur Levitt (hardly the most aggressive of SEC chiefs) any effort at enforcement led to threats from Congress of budget cuts (Joe Lieberman was particularly aggressive). Chris Cox was put in charge, as far as I can tell, to make sure the agency did at little as possible. So the SEC only knows how to do insider trading cases, and on any other type of action, it seeks to get a settlement, when a trial in some cases might have more value as a deterrent (plus you don’t get to be good at litigating if you never litigate).

Moreover, the SEC also seems to believe it needs to win pretty much all of its cases to be perceived as a threat. That isn’t true either. Look at the Green Bay Packers, who were correctly the favorites to win the Super Bowl despite having a lousy win/loss record prior to the playoffs. But all those losses had been close, in hard-fought, well-played games. In litigation, embarrassing revelations in discovery or on the stand can also have deterrent value, and can serve as building blocks for future cases.

Let’s deal with the misconstructions in Weil’s article. He argues:

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