Around the Web: Can WAMU be the Blue Cross of Financial Reform?

During the debate over health care reform, the public was galvanized by the disclosure of  outrageous insurance rate increases by Blue Cross.

It was that public outrage that finally got the healthcare legislation passed over Republican opposition.

Now Senate backers of  a strong overhaul of the financial system hope that televised hearings on the details of the reckless lending, incompetent management and multiple regulatory failures that sank the nation’s largest savings and loan will fuel support for financial reform in the face of relentless opposition from Wall Street.

The hearings got underway Tuesday in the Senate’s Permanent Subcommittee on Investigations, headed by Sen. Carl Levin,D-Michigan.

In strong contrast to hearings  held recently by the congressionally appointed committee to investigate the financial crisis, Levin’s opening hearing was tough, pointed and thorough. Levin said he intended for the hearings to serve as a case study for what happened at financial institutions during the meltdown. He compared WAMU’s selling and packaging of  high-risk option ARM and no-doc loans to dumping “pollutants into a river.”

Calling Washington Mutual’s former CEO Kerry Killinger “a forgotten villain of the financial crisis", Fortune’s Colin Barr sets the stage here. Business Week recounts the testimony here. CSPAN carried the hearings live they can be viewed here.

The star witnesses from WAMU were Killinger and former Chief Operating Officer Stephen Rotella. Killinger testified that WAMU was unfairly targeted by regulators because it not “too clubby to fail” as were larger financial institutions. Killinger insisted WAMU could have worked its way out of the crisis if regulators hadn’t eventually shut it down.

On Friday, we’ll hear from the regulators, who were well aware of WAMU’s questionable lending and securitization but continued to find that the savings and loan was financially sound.

Around the Web / Martin Column / Outrage - 04/13/2010

Quotable: Sen. Carl Levin

"The recent financial crisis was not a natural disaster; it was a man-made economic assault...People did it. Extreme greed was the driving force. And it will happen again unless we change the rules."

Sen. Carl Levin

Homepage Content / Quotable - 04/13/2010

The Reform Charade

Remember when the president’s chief of staff, Rahn Emmanuel,  strode onto the political stage and stirringly channeled Churchill, saying: “Never waste a crisis?”

It turns out that what he was really saying was: “Never waste an opportunity to reward your campaign contributors.”

Two years after the credit meltdown that crippled our economy, the financial system remains way too complicated and continues to reward high risk and focus on short-term profits that offer few benefits to those who aren’t bankers.

And even after the fiasco we’ve been through, the banks continue to  snooker the snoozing watchdogs.

Last week, the Wall Street Journal reported how 18 banks have continued to manipulate their financial reporting to disguise from regulators their real level of risky borrowing.

And this is after the generous, no strings attached bailout that put trillions of taxpayer-backed dollars into the hands of the big banks.

We need a massive overhaul. What we’re getting instead is a charade, tricked out by a Democratic leadership intent on rewarding failure, propping up the status quo and labeling that reform.

One of the few U.S. senators who’s offering a stronger version of reform and consistent candor on the shortcomings of the leadership’s proposals is the man who replaced Vice President Joe Biden. Sen. Ted Kaufman, D-Delaware, said last month: “After a crisis of this magnitude, it amazes me that some of our reform proposals effectively maintain the status quo in so many critical areas, whether it is allowing multi-trillion-dollar financial conglomerates that house traditional banking and speculative activities to continue to exist and pose threats to our financial system, permitting banks to continue to determine their own capital standards, or allowing a significant portion of the derivatives market to remain opaque and lightly regulated.”

The Democratic senators would do well to be guided by the words of someone who was one of them not long ago, who was particularly astute about the toxic influence of lobbyists and campaign cash on our economy and the political process.

Back when he was a U.S. senator, President Obama wrote in the Financial Times in 2007 that the subprime crisis “was also a parable of how an excess of lobbying and influence can defeat the common sense rules of the road, placing both consumers and the nation’s well-being at risk.”

Washington, Obama wrote, “needs to stop acting like an industry advocate and start acting like a public advocate.”

Candidate Obama wouldn’t have been shocked by the new report from the Treasury Department’s Inspector General about how the two regulating agencies which were supposed to watching over Washington Mutual bungled the job before the bank collapsed in 2008, under the weight of worthless subprime mortgages, resulting in the largest bank failure in U.S. history.

It turns out that regulators were well aware of the foul odors coming off the carcass of Washington Mutual’s loan business. But the Office of Thrift Supervision continued to find the bank “fundamentally sound” and didn’t raise alarms until days before it collapsed.

We can’t let our leaders ignore these harsh lessons that came with such a high price. They may be able to squander a crisis, but without some meaningful change to rein in the financial industry, the crisis may waste the rest of us.

Martin Column - 04/12/2010

Around the Web: From Maestro to Cornered Rat

When he used to appear before Congress during boom times, Alan Greenspan was worshipped as a hero. The Washington Post’s Bob Woodward wrote an insider’s, book-length Valentine dubbing him the maestro. That was a stark contrast to the bruising the former Fed chair took this week from the panel appointed to investigate the financial meltdown. The reviews of his performance were even tougher.

No wonder. Greenspan lamely tried to evade responsibility for the policies he orchestrated that led to the worst economic crisis since the Depression. CBS Econwatch blogger Jill Schlesinger labeled Greenspan’s appearance “ a trip to the land of denial.”

Brooksley Born, one of the commissioners on the Financial Crisis Inquiry Commission, bluntly told Greenspan that the Fed “failed to prevent the housing bubble, failed to prevent the predatory lending scandal, failed to prevent the activities that would bring the financial system to the verge of collapse.”

A little historical context: Greenspan helped undermine Born’s efforts to regulate derivatives when she was head of the Commodities Futures Trading Commission in the Clinton Administration.

Frederic Sheehan, who’s written several books lambasting Greenspan and the Fed, credited the panel with doing a decent job in preparing for his testimony. Sheehan noted that Greenspan wasn’t used to having to answer follow-ups and seemed stumped. When he used to appear before the Senate as Fed chief, senators “were afraid, they didn’t want to look foolish in asking simple questions. A lot of the really simple questions are the ones that are still unaddressed or need to be addressed but never were when he was Fed chairman, particularly about money and credit. He walked away from those questions again today.”
One common theme in reviewing Greenspan’s performance was incredulity at his assertion that he was caught by surprise by the mortgage crisis. Diane E. Thompson, an attorney with the National Consumer Law Center, said in an interview with Washington Independent’s Anne Lowrey that she and other members of the Federal Reserve’s Advisory Council started warning Greenspan about mortgage problems in the early 2000s.

Meanwhile Angelides has problems of his own. Members of his panel complained to the New York Times that he seemed more interested in headline-grabbing hearings than deep investigation, that the panel had wasted too much time getting started and had issued no subpoenas even though it has the power to do so. As David Dayen writes on Firedoglake, “If anyone was watching this but me and the WSJ, they would have seen a cornered rat. Born nailed Greenspan – although, given the relative lack of interest in the FCIC, the benefit to that will be merely psychic in nature.” Stay tuned….

Around the Web / Federal Reserve / Financial Crisis Inquiry Commission / Martin Column - 04/09/2010

Bursting D.C.'s Bubble

The battle for financial reform comes down to the ownership of one critical piece of real estate, one that has managed to avoid the crash that has ended the dreams of security for so many: the nation’s Capital.

“We’re at a critical moment point in our democracy,” Elizabeth Warren, the congressional bailout monitor, told those of us gathered on a webinar Wednesday. “Either the banks own Washington or the people do.”

Warren was referring to something that the Democratic Senate whip, Dick Durbin, said last year about the place where he works, in an rare moment of a politician telling the truth:  “The banks own this place.”

Elizabeth Warren, a tireless promoter of consumer protection and truth teller about the decline of the decline of fortunes of regular folks, prefers to view Durbin’s declaration as premature.

But a more definitive answer is not far off, according to Warren; it could come next month. The full Senate is expected to begin debate on financial reform when it returns from recess this month with a final vote in May.

Congress is one place where the bubble hasn’t burst. The value of those congressional seats hasn’t gone down since the crash; it’s gone up. Representatives and senators are raking n more than ever from corporate lobbyists.

The banks are fully mobilized, unloading $1 million a day to block, neutralize and weaken reform. The webinar, sponsored by Americans for Financial Reform and Americans for Responsible Lending, was an effort to galvanize reform supporters into action.

As reluctant as I am to disagree with Warren about anything, on this one I’m with Durbin. From the evidence, it’s hard to see how Wall Street hasn’t gotten everything it wants from the politicians, even after the greatest financial meltdown since the Depression.

The question is whether we can take back that inflated piece of real estate and reestablish its true value.  Can we turn our frustration and rage over the bailouts and our elected representatives’ impotence into action?

There are marches – April 29th on Wall Street and May 17 on K street, where the lobbyists have their offices. And there are elected representatives to inundate with messages in favor of reform. Reform advocates can’t match the bankers’ cash, but they have people power on their side.

One questioner asked Warren at what point the Senate reform proposal from Sen. Chris Dodd, which was initially strong before Dodd watered it down, would become so weak it wouldn’t be worth supporting. Warren didn’t answer the question directly. “They’re not leaving much margin for error,” she said.

Unfortunately, when it comes to financial reform, the devil is in the details, and we have to insist on real reforms.

That means:

× Breaking up banks that are too big to fail (Dodd’s proposal doesn’t do that now).

× Creating a strong and independent financial consumer protection agency  (Dodd proposes to house it in the Fed, with other banking regulators able to veto the consumer protector’s decisions)

× Forcing banks to have more “skin in the game” (The Senate bill require bankers to keep money in reserve equal to 5 percent of loans they bundle and sell off; European regulators require twice that amount).

× Congress setting the amounts of capital financial institutions would have to keep on hand, rather than leaving it for the regulators to decide.

What we’ve learned in the past several months, from the report on the Lehman bankruptcy and the Fed’s recent disclosures on its involvement in Bear-Stearns takeover by J.P. Morgan, is that regulators weren’t asleep at the switch before, during and after the financial crisis. Rather, the regulators have actively colluded with the banks in an attempt to conceal the banks shady practices. Too much of what is being called financial reform is actually just maintaining the status quo while pretending to overhaul the system.

I don’t agree with a lot of what the Tea Party has offered. They don’t offer much in the way of positive proposals, and seem particularly weak in grappling with the issue of unchecked corporate power. But I think they’ve shown how a group of people (with some corporate funding) can shake up and shape a national debate. The Tea Party has no corner on frustration, anger, betrayal or the sense that something has gone deeply wrong in our country. There’s no reason we can’t channel that frustration and anger to plant the flag of real reform in the middle of real estate that, after all, belongs to us. Now’s the time to do it.
Here’s how to contact your senator and representative. Here’s the web site for Americans for Financial Reform.

Action / Consumer Financial Protection Agency / Martin Column / Too Big To Fail - 04/08/2010

Around the Web: How a Big Bank Shows Its Gratitude

While the mainstream press has focused on the dubious notion that the Citibank bailout will turn out to be a good deal for taxpayers, the Center for Media and Democracy tallies up the real cost of the entire bailout so far: $4.6 trillion, with $2 trillion outstanding.

Most of that money comes from the Federal Reserve, not the Troubled Asset Relief Program, which amounts to a measly $700 million. The Fed bank dole is handled in complete secrecy, which is why Bloomberg News is suing to get the Fed to open its books, which got the WheresOurMoney treatment here.

As for Citibank and the supposed bonanza for taxpayers, Dean Baker takes it apart in this Beat the Press column. In any case, Citibank is eternally gratefully to taxpayers. Here’s how they’re showing it.

Get out the popcorn. Phil Angelides’ Financial Crisis Inquiry Commission is gearing up for another round of hearings April 7 through 9, this one on subprime loans and scheduled to feature former Fed chair Alan Greenspan, who before the bubble burst, used to take pride in being able to obfuscate any economic issue. If Angelides thought Goldman’s CEO was like a salesman peddling faulty cars, I wonder what he makes of Greenspan, who worshipped the financial deregulation that made the wreck not only possible, but probable.

Angelides meanwhile, appears to be playing down expectations for the FCIC, kvetching to the Wall Street Journal’s editorial board about the small size of the panel’s budget ($8 million) and short time frame (final report due in December).

While everybody was bowing down to Greenspan, they should have been listening to Harry Markopolos, the man who was tried to blow the whistle on Bernie Madoff but was repeatedly ignored by the SEC. Now he’s written a book. He doesn’t think the SEC has improved much.  Russell Mokhiber has a good interview with Markopolos in his Corporate Crime Reporter.

Around the Web / Federal Reserve / Financial Crisis Inquiry Commission / Securities and Exchange Commission (SEC) - 04/01/2010

Quotable: Neil Barofsky

"Even if TARP saved our financial system from driving off a cliff back in 2008, absent meaningful reform, we are still driving on the same winding mountain road, but this time in a faster car."

Neil Barofsky, January 2010

Homepage Content / Quotable / SIGTARP / TARP - 04/01/2010

Quotable: Sen. Ted Kaufman

"After a crisis of this magnitude, it amazes me that some of our reform proposals effectively maintain the status quo in so many critical areas, whether it is allowing multi-trillion-dollar financial conglomerates that house traditional banking and speculative activities to continue to exist and pose threats to our financial system, permitting banks to continue to determine their own capital standards, or allowing a significant portion of the derivatives market to remain opaque and lightly regulated."

Sen. Ted Kaufman, D-Delaware, March 11, 2010

Homepage Content / Quotable - 04/01/2010