From Prosecutions to Peanuts

It was only last December that the head of a 50-state attorney general investigation into foreclosure fraud boldly told homeowner advocates, “We will put people in jail.”

That was Tom Miller, Iowa attorney general, who added, “One of the main tools needs to be principal reductions, just like in the farm crisis in the 1980s…there should be some kind of compensation system for people who have been harmed…And the foreclosure process should stop while loan modifications begin.  To have a race between foreclosures and modifications to see which happens first is insane.”

That was then. Now Miller is backing off his tough talk, replacing it with a strategy of negotiating with the big banks and a bunch of federal agencies to come up with a settlement.

The amount of the potential settlement is $20 billion, according to press reports.

Gone is any notion of prosecutions.

There’s been a lot of discussion about whether this amount is too high or too low. The banks contend that they might have been sloppy about their paperwork but they foreclosed on only a few people who hadn’t been making their mortgage payments. No harm, no foul.

But homeowner advocates and critics are outraged, arguing that the banks are guilty of more than slovenliness, they violated laws intended to protect consumers. You can’t pass laws that require banks to follow certain procedures and then allow the banks to flout them. That reinforces one of the most corrosive aspects of the bailout and its aftermath – that the system is rigged so that the banks don’t have to follow the law.

Not to mention that $20 billion is pocket change to the big banks and won’t go far in modifying the mortgages that they refused to touch so far.

In addition, any fund that is controlled by the banks rather than a responsible government agency is a recipe for continued inaction by the banks.  See the disastrous Obama Administration HAMP program, which is somewhere between an abject failure and an actual scam that rips off homeowners.

Miller’s retreat is not the only distressing signal coming from the foreclosure front. Here in California the new state attorney general, Kamala Harris, made the strong protection of homeowners in foreclosure a key plank of her campaign. Yet her office recently signed off on a feeble $6.8 million settlement of a lawsuit against Angelo Mozilo and another top official of Countrywide Financial who presided over that company’s orgy of subprime lending before the financial collapse.

$5.2 million of the money goes into a restitution fund for victims. Mozilo and his president, David Sambol, admitted no wrongdoing. They’re not on the hook for the money- Bank of America, which bought Countrywide will pay it for them.
As David Dayen points out on Firedoglake, the settlement was probably inherited from her predecessor, the present governor, Jerry Brown. But that doesn’t mean she has to tout such a pittance as some great victory for the state.

It’s just a very small drop in a bucket with a very big leak in it.

If you live in California, you can call Harris’ office and suggest she stop caving into predatory lenders and start living up to her campaign promises.

Wherever you live, please contact your attorney general and remind them they are, after all, not the bankers’ buddies, but the people’s prosecutors.

Here are numbers where you can reach your state attorney general.

 

Around the Web / Foreclosures / Martin Column / Outrage - 03/04/2011

Don't Let the Bad Guys Get Away!

Hollywood loves a good chase. Last night at the Oscars, Tinsel Town sent a strong message to the rest of the country – the bad guys are getting away, and the cops aren’t even on their trail.

For a brief instant the Obama administration’s sorry efforts in holding bankers accountable for the financial collapse took center stage at, of all places, the Academy Awards.

Accepting his Oscar for “Inside Job,” his documentary about the financial collapse, Charles Ferguson used the opportunity to remind the audience of millions that not a single banker had gone to prison for fraud.

Ferguson was saying what the mainstream media has deemed a non-story, following President Obama’s lead in downplaying accountability while highlighting evidence of economic recovery.

But Ferguson joins a handful of prominent critics, including Bill Black, Simon Johnson, former Sen. Ted Kaufman, Dean Baker and Matt Stoller, who have been sending the same message in a variety of less prominent venues.

Meanwhile the president, far from insisting that his prosecutors develop fraud cases against top bankers, appoints them to top positions in his administration.

Typical is this recent column from the New York Times oped columnist Joe Nocera, who pooh-poohs the criminal aspects of the financial meltdown, blaming it on widespread “mania.”

Make no mistake; these are hard cases to make. In the 90s I covered the prosecution of savings and loan magnate Charles Keating, the poster child for bad behavior and political shenanigans for that earlier banking fiasco that also followed a rash of deregulation. Keating was convicted in both state and federal court. Though the convictions were overturned, Keating did serve four and a half years of his five-year state sentence.

Good prosecutors don't mind tough cases. They enjoy the challenge. But their bosses set their priorities and have to give them the support they need.

The Obama administration is barely even trying, afraid of alienating the bankers it’s trying to court. The cases that have been brought are either minor sideshows or they’ve been mishandled.

A local prosecutor told me that federal authorities have shown no interest in the painstaking work of building serious cases against bank executives, which would involve authorities going after minor players such as mortgage brokers, and working their way up the chain of responsibility.

In Inside Job, former New York state attorney general Eliot Spitzer has a suggestion for prosecutors – do unto the bankers what the prosecutors did unto him: go through their credit card receipts looking for evidence of illicit activity, like paying for high-priced hookers. Bust the bankers for their bad personal behavior and then obtain their cooperation in investigating financial abuse.

It may work; it may not. But at least prosecutors wouldn’t be sitting on their hands. They’d be doing their jobs – aggressively going after the bad guys.

 

 

Around the Web / Martin Column / Uncategorized - 02/28/2011

Taking Aim at Wall Street - With Jack Bauer

After a day consumed with the Goldman-Sachs hearings, last night I caught up with the latest installment of  the television show “24.”

Spoiler alert: I’m going to disclose what’s happening in “24, ” which focuses on the life of a mythical high-level super antiterrorism agent, Jack Bauer, who is pitted constantly and single-handedly not only against the wily, relentless terrorists but against the corrupt and inept politicians and government officials who are his bosses, usually at the same time.

I don’t always agree with the politics of “24.” But I find it insanely entertaining and profoundly troubling. It’s also one of the few public entertainments that confronts directly the issues of authority and morality we’ve been grappling with since 9/11.

In the latest episode, Bauer actually goes against his president, to whom he’s previously shown the utmost loyalty, because he finds out she’s covering up evidence of an assassination. She’s doing it for the greater good of course; to promote a fragile Middle East peace agreement.

At some point, Bauer finds that the principle of accountability is stronger than his ingrained loyalty to his president.

Accountability, Bauer says, is so fundamental to democracy that it cannot be compromised.

When one of his former colleagues, now his new boss, hears what he’s scheming, she cautions him not to go against his president. “You’re not thinking clearly,” she says.

“I’m the only one who’s thinking clearly,” Bauer shoots back.

After a day of watching Goldman’s officials studiously avoid answering questions in the Senate, “24” put a grim exclamation point on one of the most infuriating aspects of the financial crisis: the utter lack of accountability the financial industry has borne for how it wrecked our economy, through fraud, ineptitude, greed and recklessness.

The Obama administration has made clear it’s not interested in punishing bankers: for the greater good of repairing  the economy, we’re told,  we don’t want to look backward too closely.  We need to move forward.

Left unspoken are the millions in contributions that Wall Street has lavished on the Democrats, and the web of interconnections between the administration and the financial industry, most notably Goldman-Sachs.

We’re offered the faux accountability in the emotionally gratifying theater of the Senate Goldman hearings, the SEC’s attempt at reviving its abysmal reputation after missing the Madoff and Stanford massive fraud schemes by suing Goldman for fraud, and the limp, clumsy Financial Inquiry Commission led by Phil Angelides.

Which are fine as far  as they go. I hope they provide some impetus to put real muscle into financial reform, and they serve some purpose in reminding people how angry and ripped off they feel.

But let’s not forget they’re mostly theater. For example, the Republican senators took turns with their Democratic colleagues beating up on Goldman for CSPAN, while outside of camera range they get their Wall Street fundraising mojo back.

One of the sharpest critics of the lack of accountability has been Bill Black, a former bank regulator during the S&L crisis, who emphasizes that it was multiple robust criminal investigations that uncovered the widespread wrong-doing at the heart of that financial meltdown.

One official who gets it is Neil Barofsky, the special inspector general for the Troubled Asset Relief Program, aka the bailout, who has raised the possibility of criminal investigations and tangled with the Treasury Department.

Meanwhile the mainstream media  serves up pap about how the mild financial reform proposed by the Obama administration is “the biggest overhaul of the nation’s financial system since the Great Depression.”

That’s just not true. The largest overhaul of the system would be the 1999 repeal of the Depression-era Glass-Steagall Act, which had kept federally guaranteed traditional banking from riskier casino-style gambling activities which banks found fabulously lucrative before they blew up the economy. The current reform proposals contain nothing as earth-shattering as that.

Despite happy talk of an economic recovery  that still looks far off to many on Main Street, the politicians are finding the public’s outrage over their handling of the financial crisis is not abating, fueled in part by the political grandstanding.

Like Jack Bauer, we’ve had it with the corruption and the blundering. Public outrage over Sen. Chris Dodd’s close ties to subprime cronies forced him to retire. Conservative Democratic Senator Blanche Lincoln, facing a tough reelection battle, wrote a tough bill that would regulate toxic derivatives. Then she was forced to give away  her Goldman-Sachs campaign contributions. On Tuesday, 62 members of Congress wrote a letter demanding that the Justice Department, not just the SEC, investigate Goldman-Sachs. And a handful of senators are preparing amendments that would toughen financial reform.

I know “24” is a fantasy but one of the reasons it’s so compelling is the way it embodies and scrambles the desperation of our current moment, and Jack Bauer, armed to the teeth in a stolen helicopter, touched a nerve this week. Accountability is our most important arsenal.

Martin Column - 04/28/2010

Funny Money

I had to laugh when I saw Treasury Secretary Geithner and Fed Chair Bernanke announce, with great fanfare, a new high-tech $100 bill. It’s supposed to ward off counterfeiters.

How big is the currency fraud the two G-men are after? Of the roughly $625 billion in “Franklins” in circulation, less than 1/100 of one percent is reported counterfeit, according to the Treasury Department.

That means that Geithner and Bernanke are trying to protect the taxpayers against the loss of $62.5 million from phony hundred dollar bills. That might seem to be a big hit on the American people – we need every dollar we can get these days - except that’s nothing when you compare it to, say, the $750 billion in taxpayer money that went to rescue Wall Street from speculation and outright thievery.

It’s less than nothing when compared to the estimated $600 trillion dollars in “derivatives” – packages of investments – that are sitting in investment portfolios throughout the global economy. That sum is about ten times the value of the entire output of goods and services by every country on earth. The geniuses on Wall Street were giddy trading derivatives with each other, getting a cut of every transaction, until suddenly the players realized they had no idea what the derivatives were worth. Indeed, many derivatives have no intrinsic economic value, but rather are simply bets on how other packages of investments will perform on Wall Street. Derivatives were at the core of the Wall Street collapse that threw our economy into a deep dive.

Our two crime-fighting government officials missed the real crime against the taxpayers – like everyone else who was supposed to be looking after the public’s interest. They sat idly by while hundreds of wealthy and politically-connected individuals made billions of dollars trading worthless securities until greed and the laws of gravity caught up with them.

Geithner and Bernanke remain at the scene of the crime. Which, of course, is still going on, day and night, and will continue until Congress puts an end to it, if our elected representatives can overcome the power of the Dark Side – derivatives lobby.

Meanwhile, we are meant to be thrilled and comforted by the spectacle of a greenback that is tough to duplicate. It’s like a cheap magic trick designed to distract us from what’s really going on.

You can see a $100 bill, after all. And it's easy to imagine some lowlife printing it up in a shed in his backyard. But no Americans ever saw a Wall Street trader concoct a derivative or try to foist one off on a clerk at the local grocery store. The derivatives that brought America to its knees exist only as electronic apparitions on a bank of monitors in front of some speculator at a Goldman Sachs or similar operation. Those are the people who were really “making” money.

Meanwhile, the new U.S. $100 bill introduced by Geithner and Bernanke has a big blue stripe down the middle, and all sorts of busy and confusing images designed to thwart criminals. It looks like something that has been run over several times by a truck. Just like our economy.

Derivatives / Harvey Column - 04/22/2010