collateralized debt obligations - Represent Consumers

A New York jury didn’t just acquit a midlevel Citibank executive, they sent a strong, clear message to Washington.

The only question is, how do we get Washington to start listening?

The message came along with a not guilty verdict in the case of a Citibank executive, accused by the SEC of negligence for failing to provide disclosures to clients that his own bank was betting against the complex financial packages that the bank was selling.

Brian Stoker’s lawyer argued that he was just one of many who were doing the same thing in Citibank’s employ.

The attorney argued that it was others, higher up the chain of command at Citibank, who had committed the misconduct.

Evoking the child’s book, “Where’s Waldo?” the lawyer, John Keker, invited jurors find those hidden characters who were really to blame.

Not only did the jurors acquit Stoker, they wrote an unusual letter to the SEC: “This verdict should not deter the SEC from continuing to investigate the financial industry, review current regulations and modify existing regulations as necessary,” the jurors wrote.

Twenty-three year old juror Travis Dawson told the New York Times: “I’m not saying that Stoker was 100 percent innocent, but given the crazy environment back then it was hard to pin the blame on one person. Stoker structured a deal that his bosses told him to structure, so why didn’t they go after the higher-ups rather than a fall guy?”

And the jury foreman, Beau Brendler, told American Lawyer magazine: ”I would like to see the CEOs of some of these banks in jail or given enormous fines,” he said, “not a lower level employee.”

In a separate case, Citibank has already agreed to pay a fine on the collateralized debt obligations at the heart of the case against Stoker.

While the Justice Department is touting that civil fines for fraud have skyrocketed, the Times reported that prosecutions against individuals, especially those at the top, are rare to nonexistent.

“A lot of people on the street, they’re wondering how a company can commit serious violations of securities laws and yet no individuals seem to be involved and no individual responsibility was assessed,” Sen. Jack Reed, Democrat of Rhode Island and chairman of a subcommittee that oversees securities regulation, said at a recent hearing.

The SEC has been hobbled by 20 years of inadequate funding and a revolving door that delivers SEC lawyers right into jobs with the firms that they’re supposed to be regulating, or with the law firms that represent those firms.

And that’s not the worst of it.

Prosecutors take their cues from the top. The Obama administration, from the president to his treasury secretary, Tim Geithner and his attorney general, Eric Holder, has consistently blamed the 2008 financial collapse on stupidity and greed but said that most of the worst banker conduct was not illegal. President Obama has paid only lip service to holding bankers accountable while doing nothing.

The most recent example is a mortgage fraud task force the president announced in January. It took months to get staff and office and the task force has done little more than issue a couple of subpoenas and some press releases.

So it’s no wonder that the SEC continues to avoid pursuing the financial elite.

Meanwhile, both presidential candidates and the big media continue to ignore the issue of banker accountability.

As Mike Lux has pointed out, in the 2010 exit polls, 37 percent of voters blamed Wall Street for the on-going weak condition of the U.S. economy. Those voters, who are angry at Wall Street and skeptical of government, had voted 2 to 1 for Obama in 2008, but in the midterms, broke 56 to 42 percent Republican. They now view the president as a “Wall Street liberal.” These voters have no illusions about Romney, but given the choice, they will favor the candidate who promises to lower their taxes and reduce the deficit, according to Lux.

Can our political leaders hear the message that the New York jury is sending? Or has the money that rules our political system completely drowned it out?

Contact your representative and let them know we haven’t forgotten all the promises to hold Wall Street accountable for its misdeeds.

When it comes to shaping the Obama administration’s economic policies, only those with tight connections to the nation’s too big to fail banks need apply.

The latest example is the new director of the Office of Management and Budget, Jacob Lew.

He spent most of his career working in government and academia, with one significant exception – a stint as chief operating officer of Citibank’s Alternative Investments Division, which manages about $7 billion in investments in developing countries. Lew was one of those banking executives whose huge post-bailout bonus enraged the public.

In Washington, the issue barely surfaced in Lew’s confirmation hearings. Lew suggested he was too busy running Citibank to notice that the place was drowning in toxic collateralized debt obligations that nobody even understood.

Meanwhile, the guy Lew replaced, Peter Orzag, is headed for a high-paying banking post of his own – at Citibank.

Lew and Orzag were among the large, bipartisan banking-friendly crowd who apparently failed to comprehend or question what was going on around and beneath them in the years immediately preceding the financial crisis.

During that time, one of the places where Orzag and Lew would gather was the Hamilton Project, a high-powered D.C.-based think tank within the Brookings Institute where Democratic Party politicians and bankers could get together to drink in the wisdom of the project’s founder, Robert Rubin, the treasury secretary under President Bill Clinton, a major proponent of banking deregulation, mentor to current top Obama financial advisers Tim Geithner and Larry Summers – and then, the president of Citibank.

The Hamilton Project has been described as a “bastion of the fiscally moderate wing of the Democratic Party.” But it would be more precisely described as the home of the increasingly influential too big to fail bank wing of the Democratic Party.

And who showed up to welcome the launch of the project in 2006?

None other than then-Sen. Barack Obama, who told the assembled crowd, “I would love just to sit here with these folks and listen because you have on this panel and in this room some of the most innovative, thoughtful policymakers, people who have both ideas but also ways of implementing them into action. Our country owes a great debt to a number of people who are in this room because they helped put us on a pathway of prosperity that we are still enjoying, despite the best efforts of some.” (Watch it here.)

This door swinging jovially back and forth between Wall Street and Washington is so common that it registers as a non-event, and makes a mockery of the Kabuki theater of the supposed hostility between Obama and the financial titans.

Ira Stoll at The Future of Capitalism reminds us, in case we forgot, of other members of the Obama economic team who cashed in on Wall Street before it melted down and they joined the administration, like top economic adviser Laurence Summers and $5.2 million a year, one day a week job at the D.E. Shaw hedge fund, and former chief of staff and Chicago mayoral candidate Rahm Emanuel, who got paid $16.2 million for working for a year and a half at the investment banking firm Wasserstein Perella.

As for Orzag, his departure for Citibank created a faint stir in the mainstream media, where Ezra Klein of the Washington Post notes that Orzag doesn’t appear to be in it for the money, since he’s “fairly wealthy” already, and “his lifetime of public service positions does not suggest a man particularly motivated by income.”

But at the Atlantic’s blog, James Fallow viewed Orzag’s move as an example of Washington’s structural corruption. His comments strike me as stating what is blindingly obvious to anyone who lives and works outside the opaque world of Washington. “The idea that someone would help plan, advocate, and carry out an economic policy that played such a crucial role in the survival of a financial institution – and then, less than two years after his administration took office, would take a job that (a) exemplifies the growing disparities the administration says it's trying to correct and (b) unavoidably will call on knowledge and contacts Orszag developed while in recent public service – this says something bad about what is taken for granted in American public life.

For Baseline Scenario’s James Kwak, it’s also more than a straightforward conflict of interest. Why does a young, highly educated energetic member of the elite, who presumably doesn’t need a Wall Street paycheck, want to work at Citibank?

“Orszag wanting to work at a megabank — instead of starting a new company, or joining a foundation, or joining an NGO, or becoming an executive at a struggling manufacturing company that makes things, or even being a consultant to countries with sovereign debt problems — is the same as an engineer from a top school going to Goldman instead of a real company. It’s not his fault, but it’s a symptom of something that’s bad for our country.”

Strong message for weak leaders

D.C. Disconnect: Revolving Door Edition