Category Archives: Social values

William Black: Why aren’t the honest bankers demanding prosecutions of their dishonest rivals?

This is the second column in a series responding to Stephen Moore’s central assaults on regulation and the prosecution of the elite white-collar criminals who cause our recurrent, intensifying financial crises. Last week’s column addressed his claim in a recent Wall Street Journal column that all government employees, including the regulatory cops on the beat, are “takers” destroying America.

This column addresses Moore’s even more vehement criticism of efforts to prosecute elite white-collar criminals in an earlier column decrying the Sarbanes-Oxley Act’s criminal provisions: “White-Collar Witch Hunt: Why do Republicans so easily accept Neobolshevism as a cost of doing business?” [American Spectator September 2005] This column illustrates one of the reasons why elite criminals are able to loot “their” banks with impunity – they have a lobby of exceptionally influential shills.

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Daniel Pennell: Thoughts on American Homeownership

Yves here. Despite the prevalence of retail therapy in America, consumption does go in and out of fashion. For instance, in the wake of the nasty 1991-1992 recession, “cocooning” was in briefly, which was code for “stay at home, feel sort of miserable and read books, but pretend you are virtuous by lighting nice scented candles and making at least some of that reading New Agey.” Entertaining at home was in. If you were feeling a tad more secure, you might decorate, but nothing really splashy, just comfortable/functional.

This downturn is leading to more fundamental rethinking of what used to be a mainstay of personal security but increasingly became a consumption item, namely, owning a home.

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William Hogeland: Constitutional Convention Delegates Had Common Goal – Ending Democratic Finance

By William Hogeland, the author of the narrative histories Declaration and The Whiskey Rebellion and a collection of essays, Inventing American History who blogs at http://www.williamhogeland.com. Cross posted from New Deal 2.0

Economic struggles played a huge role in the founding of our country, despite some attempts to revise that history.

Edmund Randolph of Virginia kicked off the meeting we now know as the United States constitutional convention by offering his fellow delegates a key inducement to forming a new U.S. government. America lacked “sufficient checks against the democracy,” Randolph said. A new government would provide those checks.

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Sleaze Watch: Former NY Fed Bank Supervisors Lobbying to Neuter Regulations

The level of corruption in our society is so high that it is not only out in the open, but actively enabled by people in very high places. It shouldn’t be any surprise that the famed Turbo Timmie, a man who somehow was forgiven for having neglected to pay payroll taxes while a consultant to the IMF, would not be terribly sensitive as far as ethics rules are concerned. The latest fiascos involve the already-overly-bank-friendly New York Fed.

We’ve commented on some recent revolving door horrorshows.

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William Hogeland: How John Adams and Thomas Paine Clashed Over Economic Equality

By William Hogeland, the author of the narrative histories Declaration and The Whiskey Rebellion and a collection of essays, Inventing American History who blogs at http://www.williamhogeland.com. Cross posted from New Deal 2.0

In “Common Sense,” Paine pushed for economic equality for ordinary Americans. Which made John Adams a bit queasy.

Here’s John Adams on Thomas Paine’s famous 1776 pamphlet “Common Sense“: “What a poor, ignorant, malicious, short-sighted, crapulous mass.” Then comes Paine on Adams: “John was not born for immortality.”

Paine and Adams may have been alone among the founders for having literary styles adequate to their mutual disregard.

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Guest Post: Violence, democratisation and civil liberties – The new Arab awakening in light of the experiences from the “third wave” of democratisation

By Matteo Cervellati, Piergiuseppe Fortunato, and Uwe Sunde. Cross posted from VoxEU.

The mass movement for democracy that has led to the exile of Ben Ali in Tunisia paved the way to a new awakening and raised many hopes in North Africa and the Middle East. This column reports on recent research on the historical experiences of countries that democratised during the “third wave”, to shed some light on the prospects for the future of the Arab region.

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Paul Jackson’s “Follow the Money” Shows Housing Wire Deep Financial Ties to Mortgage Market Bad Actors

David Dayen, in a pointed article titled, “The Corruption of the Financial Press: A Look at Housing Wire” documents how that mortgage “news” site has extensive business and financial connections with firms and individuals at the frontlines of dubious mortgage industry practices and has repeatedly gone to bat for its biggest advertiser even in the face of criminal investigations.

Housing Wire’s proprietor, Paul Jackson, made this inquiry fair game in a recent post, “Follow the money: Interpreting U.S. Bank v. Congress” in which he took aim at the Alabama attorneys who tried defending a client against what they contended was a wrongful foreclosure, using the untested strategy we had mentioned on this blog, the so-called New York trust theory. The court rejected the case on narrow grounds (the suit was fighting the ejectment, a stage after the foreclosure; any precedent on ejectment actions will have limited applicability in Alabama and none in other states). But Jackson went further than arguing the issues of the case or the importance of the decision. Based on no evidence, he denigrated the attorneys involved, claiming they must have big money backers (and we separately dispatched his spurious charges):

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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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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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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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Guest Post: The 1785 Struggle Over Concentrated Banking Power

By William Hogeland, the author of the narrative histories Declaration and The Whiskey Rebellion and a collection of essays, Inventing American History who blogs at http://www.williamhogeland.com. Cross posted from New Deal 2.0

How a farmer, a weaver, and a backwoods prophet took on the money interest in founding-era politics — and won.

One of the better-known episodes in American founding finance occurred in 1791, when Alexander Hamilton, the first Treasury Secretary, proposed forming the United States’ first central bank. James Madison of Virginia, serving in the House of Representatives, objected. Prefiguring the Republican lawmakers who recently pledged not to introduce legislation without first citing the constitutional provision enabling it, Madison asserted that because the Constitution doesn’t grant Congress a specific power to form banks, a national bank would be unconstitutional.

Hamilton famously responded by arguing that if a power to do something is constitutional, then powers necessary to doing it must be constitutional too, even when not enumerated. If Congress determines that exercising its power to do anything “necessary and proper” in the discharge of its duties calls for forming a bank, it can form a bank. Any unconstitutionality, for Hamilton, would require a specific prohibition against banks (”Congress shall make no law…,” etc.).

So that’s typically how history students and readers get introduced to a key founding moment in American public finance: ideologically, intellectually and legally, in the context of a constitutional dispute between the lions of ratification Hamilton and Madison, two thirds of the “Publius” who authored “The Federalist,” now coming at odds in the fledgling republic. Anyone hoping to find anything related to how money and credit might flow to ordinary Americans will be disappointed.

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Wisconsin Judge Issues Temporary Restraining Order Against Anti-Union Law

The Los Angeles Times appears to have broken the story, that a Wisconsin judge has blocked the implementation of the Wisconsin legislation against public sector unions. Notice that the challenge to the validity of the law was based on procedural grounds. One reader insisted no court would ever take up that sort of challenge. Funny, this judge looks pretty interested in trying that case.

From the Los Angeles Times:

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Irish Perspective on Bank/Sovereign Default

This program on RTEOne from the Ides of March gives a window on how the prospect of default looks from Irish perspective (hat tip Richard Smith). Note that it is the chairman of Goldman Sachs International who argues against debt repudiation.

We’ve argued that it’s rational for the Irish to threaten default and if the debt is not restructured, to act on its promise. The EU has more to lose, since one country rebelling against austerity demands will embolden others, and also brings the real underlying problem, that of Eurobank undercapitalization, to the fore.

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