Bankers' gambles – now with a bailout guaranteed

After the 2008 banks bailout, we were promised that financial reform was going to prevent future bailouts.

Never again.

But as we approach the fourth anniversary of the financial collapse, we’re learning just how hollow those promises were.

The most recent example stems from reports that regulators have secretly designated derivatives clearinghouses too big to fail in a financial emergency.

That means that in a crisis, such clearinghouses, in which risky credit default swaps are traded, would be bailed out at taxpayer expense through secret access to cheap money at the Federal Reserve’s credit window.

That’s where the big banks and the rest of corporate America lined after the 2008 to borrow trillions at low interest – with no strings attached.

The Fed didn’t require the banks to share that low interest with consumers or homeowners. The Fed didn’t require that banks make some attempt to fix the foreclosure mess. The Fed didn’t require corporations hire the unemployed or lower outrageous CEO pay.

The Fed just shoveled out the cheap loans.

Now the Fed is planning to extend that generosity, as a matter of policy, to derivative clearinghouses – which puts taxpayers directly on the hook for Wall Street’s risky gambles, like the ones that recently cost J.P. Morgan Chase $2 billion.

While those trades didn’t threaten to sink the economy, it was the unraveling of those kinds of complex gambles that tanked the economy in 2008.

Nobody knows for sure how large the derivatives market is, but the estimates are truly mind-boggling. One derivatives expert estimates that there were $1.2 quadrillion in derivatives last year – 20 times the size of the world’s economy.

While requiring these derivatives to be traded on clearinghouses is supposed to increase transparency, that assumes regulators are aggressive, diligent and understand the trades.

But signaling that these derivatives should be eligible for a bailout is nothing short of insane, at least from the taxpayers’ perspective. From the bankers’ perspective, it’s a pretty good deal, and a reassuring indication that nothing much has changed since the financial crisis: the regulators are still deep in the bankers’ pocket.

Meanwhile, the real reforms that might have a shot at actually fixing the problems and protecting our economy from the big bankers’ addiction to risk get little or no consideration in what passes for political debate.

The best step we could take is to re-impose the Depression-era   Glass-Steagall Act, which creates walls between safe, vanilla, and consumer banking (which have traditionally been federally guaranteed, and riskier investment banking and derivatives trading But the bankers oppose Glass-Steagall, and for the present, they remain in control of both political parties and the regulators’ financial policies.

D.C. Disconnect: Beltway Media Edition

The historic first ever Federal Reserve press conference delivered even less than the little that was expected.

That was in part because Fed chair Bernanke is good at making economic policy boring and opaque.

After all, that is his job.

But the reporters who cover the Fed have no such excuse.

At the press conference, they shared none of the outrage that continues to be expressed by the rabble outside Washington who are upset by the Fed’s bailout of big banks, and who fought to make the agency more transparent.

The whole thing had the flavor of a rote exercise, featuring people who appeared to be sleepwalking rather than covering the secretive agency that handed out trillions to the financial industry with no questions asked.

There was no skepticism, no appearance that the reporters had done their homework to challenge the Fed’s behavior in boosting banks while abandoning working people. There was none of the excitement that reporters worked up for the non-story of Obama’s birth certificate.

The press conference confirmed what we already knew: federal authorities, including Bernanke have abandoned the unemployed. They’ve moved on. Although employment is one of two of Bernanke’s mandates, he insists his hands are tied.

The reporters participating in this historic occasion treated the bailout as old news. Somehow they managed to miss that every time the Fed provides information about its actions in the bailout, it raises more questions than it answers.

Thankfully, not everybody in Washington shares this view. Sen. Bernie Sanders, the independent socialist from Vermont who caucuses with the Democrats, has been doing his best to dog the Fed.

A day before Bernanke held his press conference; Sanders released the results of a study he ordered from the Congressional Research Service of the Fed’s secret lending program. That study showed how the big banks gamed the bailout, profiting from investing the low interest loans the Fed gave them rather than loaning the money to businesses to get the economy going.

Sanders put out a press release with a catchy headline –  “Banks Play Shell Game With Taxpayer Dollars.” This wasn’t enough to rouse the reporters who cover the Fed; nobody could be bothered to ask Bernanke about it as his press conference. According to the research service, the banks pocketed interest rates 12 percent greater than the low-interest emergency loans the Fed was giving them. The purpose of this emergency loan program had nothing to do with enriching bankers; it was justified only because we were told it was the only thing that would get the economy going.

It’s worth remembering that Bernanke and the Fed fought a losing battle against the release of any details about its secret lending program. You would have thought the reporters would have welcomed the opportunity to subject Bernanke’s decision-making to public scrutiny.

 

 

 

 

 

Going Without Heat For Goldman-Sachs

With all the trillions tossed around in the government’s efforts to prop up the big banks, a $2.9 billion taxpayer-funded windfall to Goldman-Sachs might not sound like that big a deal.

But imagine if we still had that $2.9 billion, if it was still in the federal coffers and not in the pockets of Goldman bankers.

Maybe President Obama wouldn’t feel the need to cut off aid for poor people to help pay for heating oil through the cold winter – that $2.9 billion would more than pay for the proposed cuts.

Maybe you’re not in favor of helping poor people stay warm in the winter.

How about space travel?

That $2.9 billion could pay for nearly a year’s worth of research on manned space travel, which is also under threat.

But what did we taxpayers get from this generosity to Goldman Sachs?

Absolutely nothing. Worse than that, we rewarded extremely bad behavior.

The $2.9 billion payment was arranged by federal authorities as part of what they have described as their emergency efforts to salvage the financial system in the wake of the financial collapse brought on by the bankers’ greed, recklessness and fraud, enabled by regulators’ laxity.

The Federal Reserve, which was supposed to be overseeing this massive giveaway to the banks, contends it didn’t intend to give the windfall to Goldman-Sachs bankers. It was just $2.9 billion that got away from them in their hurry to fill the bankers’ pockets with our cash- I mean- save the economy. McClatchy News Service, using bland journalism-speak, calls it a “potentially huge regulatory omission.”

Goldman hit the jackpot on our bailout of AIG, in which taxpayers compensated the firm 100 cents on the dollar for bad proprietary trades. That means Goldman gambled with its own money, which it is entirely entitled to do.

But when they lose their money, as the old blues song says, they should “learn to lose.”

Lucky for Goldman, we’re there to pick them up, dust them off and wish them well, no questions asked.

Just how much longer are we going to allow our public officials, Republican and Democrat, to use our money to foot the bill for these deadbeats’ bad gambling debts?

Just how many people are going to have to go cold before we cut Goldman off?

Bailout Fuels Bitter Race to the Bottom

Maybe I just missed Harley Davidson’s thank you note to me and other taxpayers for bailing them out during the height of the financial crisis.

Perhaps the iconic motorcycle maker  didn’t think it would have to send a thank you note.

After all, they had every reason to think that the Federal Reserve’s emergency, low interest, $2.3 billion loans in the wake of the financial crisis would remain their little secret.

But the financial reform legislation spoiled all that, forcing the Fed to disclose details of  trillions of dollars worth of confidential loans they made, which amounted to a giant subsidy because of the low interest charged.

Beneficiaries included not just the country’s largest banks and foreign banks, but corporate giants such as General Electric, Verizon, Toyota and Harley Davidson.

It turns out that these companies borrow millions every day to pay their expenses. When the credit market froze up in the meltdown, Harley Davidson and the others turned to the Fed, which stepped in with loans at low rates and no questions asked.

Maybe the thank you note is still on Harley Davidson’s to-do list.

The company has been awfully busy, what with opening a new plant – in India, closing plants in this country and bullying its remaining U.S. workers to give back wages and benefits or face more plant closures.

It’s not that the company is incapable of showing gratitude. In 2009, a year in which the company suffered steep sales declines and more than 2,000 workers had been laid off, they paid their CEO $6.3 million – including a $780,000 bonus. Since January, 2009, the company has laid off more than a fifth of its work force, and closed two factories. By the end of next year, another 1,400 to 1,600 face layoffs.

In 2009, the average Harley Davidson worker who still had a job  was paid $32,000.

After threatening to close its York, Pa. plant and move production to Shelbyville, Ky., the company and the workers reached an agreement to keep the plant open – with 600 fewer employees and wage concessions. But not before the Pennsylvania governor, Ed Rendell, offered $15 million in tax incentives to the company.

All the cuts are paying off – at least for the company’s shareholders. In July, the company reported a $71 million profit, more than triple what it earned a year ago.

Maybe sending taxpayers thank you notes slipped their minds while company officials were busy hiring lobbyists to fight financial reform last year, to the tune of $115,000 – about $100,000 less than they spent the year before.

Harley Davidson is using the lift it got from its bailout subsidy to join the latest trend – companies make more profit with fewer workers, and wringing concessions from those that remain. As if the bailout wasn’t enough of a gift, the company squeezes even more from state taxpayers just for the privilege of keeping their plants open. For the company’s executives, the bailout fueled their escape from financial ruin and their race to the top. But workers and taxpayers are left standing on the sidelines.

Imagine if Harley Davidson had just split its $2.3 billion low-interest loans with its individual workers. Imagine if the taxpayers, who actually funded corporate America’s bailout, were  the recipients of anywhere near that kind of generosity. Imagine if we had a government with  as ferocious a commitment to shovel trillions into taxpayers and workers'  hands with no conditions of any kind.

We’ll never know what kind of creative energy, not to mention how much economic stimulus, would have been unleashed.

But that’s not the kind of bailout we got.

Harley Davidson, you're welcome.

The Republican Who Tackled Foreclosures

President Obama isn’t the first politician to have to stare a massive foreclosure crisis in the face.

The last time foreclosures loomed so large in the economy and the national consciousness was during the Great Depression, when farmers and homeowners were losing their land in massive numbers.

Several states passed laws including moratoriums on foreclosure. Not because the banks couldn’t prove they owned the farms, or because they screwed up the paperwork. The moratoriums were implemented in recognition that the country was in an economic emergency and that having so many people lose their homes was bad for the country.

Minnesota passed such a law in 1933. After a judge allowed a couple to postpone foreclosure, the building and loan association that owned the mortgagee challenged the law. The firm appealed to the Supreme Court, contending that law was a violation of the Contracts Clause of the Constitution. But in its  landmark ruling in Home Building v. Blaisdell, the high court upheld the law. By a 5 to 4 vote the court ruled that the contracts clause wasn’t absolute and it didn’t outweigh the rights of the states to protect the vital interests of its citizens. In dissent, Associate Justice George Sutherland warned that the ruling would be just the beginning of further erosion of the contracts clause.

Chief Justice Charles Evans Hughes, an appointee of President Herbert Hoover, wrote the majority opinion. Hughes wasn’t some ivory-tower judge but a seasoned and fascinating Republican politician who had served as two-term governor of New York, with a record for establishing a public service commission, as well as pushing through labor law and insurance reform. He ran unsuccessfully for president against Woodrow Wilson before serving his first stint on the Supreme Court before running for president. After a stretch as secretary of state under President Calvin Coolidge, he was in and out of private life before President Hoover appointed him chief justice in 1930.

Though liberals gave him a hard time in his confirmation hearing, he often provided a swing vote in favor of the New Deal on a highly contentious court. But Hughes also repeatedly tangled with Roosevelt, voting against the constitutionality of the National Recovery Administration and opposing FDR’s court-packing scheme.

What do we get from this excursion into history? There’s some comfort in knowing the country has grappled with these tough times and issues before and survived. But it’s hard to encounter a figure like Hughes and not wish that some of his courage and unpredictability could rub off on our current crop of leaders, who seem so timid and tame by comparison, and who seem to have forgotten that protecting the vital interests of citizens isn’t just a matter of bailing out banks and tax cuts for the rich and hoping some of the booty will trickle down to the rest of us.