Busting Wall Street, by the numbers

How many FBI agents does it take to bust one Wall Street crook?

This isn’t the beginning of a joke. It’s one way to measure how serious the Obama’s administration latest highly touted financial fraud task force is about tackling its beat.

The task force is staffed with 10 FBI agents, according to U.S. Attorney General Eric Holder.

You can get some idea of whether that’s an adequate number by comparing it to the law enforcement effort in the wake of the Savings and Loan crisis in the 1980s, a major but vastly smaller financial collapse.

It only cost the taxpayers a mere $150 billion in bailout money, compared to the 2008 banking collapse, which cost us trillions.

Bill Black, a former S&L regulator turned white-collar criminal law expert and law professor at University of Missouri at Kansas City, has been one of the sharpest critics of the administration’s sharpest critics.

Black makes the point that regulators investigating S&L fraud two decades ago made thousands of criminal referrals, and the FBI assigned 1,000 agents to follow up on those referrals. Black says the referrals led to more than 1,000 felony convictions, including the executives of the S&Ls.

Black is just one of many who have noticed that President Obama’s heart has not really been into the task of putting top bank executives in jail.

As recently as December 11, the president told 60 Minutes in an interview: “I can tell you, just from 40,000 feet, that some of the most damaging behavior on Wall Street, in some cases, some of the least ethical behavior on Wall Street, wasn't illegal.”

Black points out that this at best a non-answer; at worst it’s double-talk. The president says that “some of the most damaging behavior on Wall Street, in some cases some of the least ethical behavior on Wall Street, wasn’t illegal.”

So the reasonable follow-up question would be: where are the prosecutions, over the past 3 years, of the rest of the behavior, the part that was illegal?

The other aspect of Obama’s answer that I find worrisome is the president’s perspective – he acknowledges that he’s making a judgment based on a view from 40,000 feet.

That’s a distance of 7.5 miles. The president isn’t predicting the weather here; he’s talking about whether crimes were committed in the process of the worst financial disaster in almost a century.

Good prosecutors and FBI agents don’t investigate from 7.5 miles away. They get in a suspect’s face, and into their history, find out who their friends and associates are. They dig into their family lives if they need to.

That’s how they operate when their hearts are in it if they want to make the case.

But even when their hearts are in it, good law enforcement people can’t do their jobs without resources.

And that’s a decision the president can make. He doesn’t have to ask Congress.

Call the president today and let him know that we won’t be fooled by faux enforcement efforts, and the we know the difference between what 10 FBI agents can do and what 1,000 can do – even from seven miles away.

 

 

 

 

 

 

 

 

 

 

 

 

Task Force Deja Vu

MoveOn.org and other groups are declaring President Obama’s announcement of a new task force to investigate foreclosure fraud a significant victory.

These groups deserve credit and thanks for mobilizing people to call the White House and state attorneys general and organizing protests to push back against a weak proposed settlement of foreclosure fraud charges against big banks, without having first fully investigated the allegations.

But before we get too carried away with the celebrations, I think it’s worth examining the president’s announcement with a healthy dose of skepticism.

Because we’ve heard it all before.

In 2009, the Obama administration convened, with great fanfare, the “”Financial Fraud Enforcement Task Force,” which included officials from the Justice Department, Treasury, Housing and Urban Development, and the Securities and Exchange Commission.

Announcing the task force, U.S. Attorney General Eric H. Holder said it mission was to the mission was to prosecute the financial fraud that led to the 2008 economic collapse.

“Mortgages, securities and corporate fraud schemes have eroded the public's confidence in the nation's financial markets and have led to a growing sentiment that Wall Street does not play by the same rules as Main Street,” Holder said.

State attorneys general then formed their own mortgage fraud working group to work with federal authorities.

These previous efforts haven’t produced noteworthy results – no criminal charges have been brought against major bank executives, and no major policy changes have been put in place to force banks to help homeowners.

The 2009 task force was not exactly targeting the titans of Wall Street. As these high-profile task forces like to do, this one gave its “operations” hokey names like Operation Stolen Dreams and Operation Broken Trust that make everybody but the prosecutors cringe.

Touting Operation Broken Dreams in 2010, prosecutors bragged that it had netted 330 convictions related to mortgage fraud  – but it focused on borrower, not bank fraud. While Operation Broken Trust focused on investment fraud, among its 343 criminal cases, it focused on lower-level fraudsters.

There was not a single case against a Wall Street banker.

While prosecutors often build cases against higher-ups using those lower in the food chain, that doesn’t seem to be the case with the 2009 task force.

In other words, the 2009 task force hasn’t done anything that would interfere with the flow of political contributions from Wall Street.

Evaluating the task force’s work, the Columbia Journalism Review found it more publicity stunt that real prosecution effort.

Meanwhile, the state AG’s efforts stirred MoveOn.org and other organizations to action. A handful of state AGs are balking at the inadequate proposed settlement, and California’s attorney general, Kamala Harris has joined with Nevada’s attorney general in walking away from the proposed settlement and pledging a real investigation into the foreclosure mess.

There are plenty of other reasons to be skeptical of the President’s newly- anointed task force, rounded up here by Dave Dayen on Firedoglake. While one of its co-chairs, New York Attorney General Eric Schneiderman, appears to be the genuine deal in his intention to crack down on financial crime, he’s being babysat (co-chaired) by two administration lawyers with dubious backgrounds when it comes to getting tough on bankers.

Robert Khuzami, head of enforcement at the SEC, used to be general counsel at Deutsche Bank, overseeing its huge risky investments in mortgages. Shouldn’t Deutsch Bank be a prime target of the task force?

At the SEC, he’s presided over several settlements that appeared to be overly generous to banks. Another other co-chair is the head of Justice’s criminal division, Lanny Breuer, who has been apologist in chief for the agency’s lack of aggressiveness in going after too big to fail bankers.

As a private lawyer, Breuer worked at the Washington D.C. law firm Covington & Burling, which represented too big to fail banks Bank of America, Well Fargo, Citgroup and JPMorgan Chase as well as MERS, the Mortgage Electronic Registration Service, a concoction of the real estate finance industry that runs a vast computerized registry of mortgages that has been at the center of complaints about false and fraudulent documents in the foreclosure process.

Breuer and Khuzami both played prominent roles in the president’s previous financial fraud task force, as members of its securities and commodities fraud working group.

The bottom line is that the new task force is only needed because of the abject failure of the administration’s previous efforts to prosecute the fraud at the heart of the financial meltdown.

According to statistics gathered by Syracuse University’s Transactional Records Access Clearinghouse, despite all the prosecutors’ puffery about their inanely named operations, financial fraud prosecutions fell to a 20-year low in 2011, continuing a decade-long downward trend.

If this new task force is not going to be a fraud itself, Khuzami and Breuer have to go. They should be replaced by real prosecutors without close ties to the big bankers.

Though you wouldn’t know it from the Obama administration, people like that do exist.

Blogger Abigail Field nominates two crackerjacks – Neil Barofsky, the tough former inspector general of the bailout, and Patrick Fitzgerald, U.S. attorney for the northern district of Illinois, who has successfully pursued several high-profile cases, including the perjury conviction of Scooter Libby, former VP Dick Cheney’s chief of staff.

So after you finish that glass of champagne celebrating the new task force, it’s time to get back on the phone. Here’s the president’s number.

Tell the president we don’t need another task force. We need prosecutors who aren’t compromised and who aren’t afraid to do their jobs.

 

 

The President's Odd Jobs Choice

About the only the job that Jeffrey Immelt would be less qualified for than jobs czar would be to lead a crackdown on the influence of big money lobbyists.

Oh wait- there is no crackdown on lobbying.

So Immelt, the CEO of General Electric, will have to make do with the job the president has given him as head of the administration’s reconfigured outside economic advisory council, which is supposed to focus on job creation.

I’ve written before about G.E. as a prime example of how major corporations benefited from the bailout without exhibiting any gratitude to taxpayers.

To say that Immelt is a weird choice for a job creation initiative is an understatement.

Under Immelt’s stewardship, G.E. has shredded thousands of jobs in the U.S. while outsourcing many jobs to India and China. In the years before the financial collapse, G.E. focused on building up its enormous credit operation, which melted down under the weight of bad loans along with the rest of the financial sector. If not for the generosity of taxpayers, who gave G.E. more than  $16 billion in low-interest loans to keep it afloat, Immelt himself probably wouldn’t have a job. In 2008, Forbes named Immelt one of the U.S. most overpaid executives.

His company has engaged in economic blackmail, threatening the state of Massachusetts that G.E. would close plants if state officials didn’t cough up tax breaks. It’s true that Immelt’s GE has embraced green technology – but only wherever there is a substantial government subsidy involved.

Meanwhile, GE is spending more than any other firm on lobbying, while it pays little or no taxes.

If Immelt has had any previous innovative ideas about substantially reducing unemployment, he’s kept them to himself. This is the person our president chooses to lead his jobs effort? For Immelt and other corporate and financial titans, the “too big to fail” bubble has never really burst. They’re continuing to rake in profits and shape government policies in their own interests, while the majority who don’t have access to power are shut out from financial security as well as political influence. Rather than challenging this unequal equation, our president has chosen to try to climb into the bubble himself.

What Have You Done For General Electric Lately?

With your help, the company founded by Thomas Edison, the genius inventor, survived the nation’s worst recession in 80 years.

But billions in taxpayer-funded bailout relief and subsidies and paying zero federal taxes was not enough for General Electric.

The company wants more from you.

They want more subsidies, more dubious government contracts and more political power.

Business was terrible for a while, and GE’s credit division dragged the whole company down.

As result, 19,000 of the GE employees who had a job at the beginning of 2009 didn’t have one when the year ended. They joined the 4,000 GE employees who lost jobs the year before. For workers that still had jobs, the average salary was about $32,000 a year.

Things were tough at the top too.

CEO Jeffrey Immelt had to give up his bonus for the second year in a row, and was forced to limp along just on his annual compensation of nearly $10 million.

In 2008, Forbes magazine named Immelt one the U.S.’ 5 most overpaid bosses. For the past 6 years he’d been averaging $15 million a year.

Of course, before the economy crashed, CEO pay was through the roof in general. Getting on that most overpaid list wasn’t easy. Competition was stiff. Two of the other guys on the Forbes list made millions running their financial firms, Countrywide and Indymac, into the ground.

Taxpayers’ generosity helped ease the GE titans’ pain, allowing the company to take advantage of billions in subsidized loans and loan guarantees at such favorable interest rates that they amount to a massive government subsidy.

The company managed to eke out $11 billion in profits on $157 billion in revenue.

That’s when the Internal Revenue Service stepped in to ease GE’s burden. By the time the lawyers and accountants were done, you probably paid more taxes than GE did – unless you also happen to be Exxon.

GE didn’t issue a press release about most of those subsidies. Neither did the federal government. In fact, the Federal Reserve has fought to keep its subsidies of GE and other major corporations confidential. But they were forced to disclose the subsidies under the terms of the financial reform passed earlier this year.

It might have been made the Federal Reserve and GE uncomfortable if the public had known that GE’s CEO was sitting on the Fed’s board of governors while they were doling out low-interest loans to his company, an apparent and outrageous conflict of interest.

But your generosity to GE doesn’t stop with bailout and tax giveaways. As part of the 2009 stimulus package, the company got $24.9 million toward retooling an appliance factory in Kentucky, one of four plants GE is retooling in the government’s green technology initiative.

Like Immelt, the workers will have to adjust to lower pay. They’ll no longer make $20 an hour. Now they’ll be paid $13 an hour.

The company is returning to its roots in making appliances.

But the retooling comes too late for GE’s light bulb business, which was once a source of good jobs in Ohio. While it was borrowing taxpayers’ money in 2009, it was closing one such plant in Niles, Ohio – the fifteenth to close in the state since 1980. The new more energy efficient bulbs will be made in China.

As GE and others American firms were busy chasing short-term profits from the fancy financial products that eventually blew up the economy, they neglected the kinds of innovation that might have saved those jobs.

But General Electric has moved on, staking a big chunk of its future on a costly jet engine that the Defense Department says is wasteful and that it doesn’t want. So General Electric has been lobbying Congress to override the Defense Department. Maybe those that worked in the light bulb factories of Ohio could move to Washington and get jobs as lobbyists.  GE’s spending on lobbying has skyrocketed: from $4.54 million in the first quarter a year ago to $7.14 million in the first quarter of this year.

Meanwhile, while GE dukes it out in D.C., the company has informed the state of Massachusetts that if it  expects GE to limit layoffs of those working at an aircraft factory there, the state’s taxpayers are going to pay.

At the same time the state is facing a series of devastating budget cuts, GE is seeking a $25 million tax credit to help with the retooling of it plant in Lynn, which employs 3,000 people. The company’s already cut 600 jobs at the plant, without the tax credit, GE says, it will cut more. Usually states give tax credits for companies to create new jobs, not as a payoff to keep them from cutting existing jobs.

So here’s the latest innovation from GE. It has nothing to do with creating better, more energy-efficient products. GE has come up with a new way to put the squeeze on taxpayers.

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.

Thank You vs F*** You

I’m as angry as anybody about the bailouts, but I don’t agree with the people who are perturbed about the TV commercial General Motors ran over the Thanksgiving holiday.

The ad has no narrator, just a gentle piano rendition of the Seventies Hollies hit “He Ain’t Heavy, He’s My Brother” in the background. It begins with images of memorable failures – NASA rockets that crashed on the launch pad, motorcycle daredevil Evil Knievel injuring himself, the  fraternity members in Animal House after Dean Wormer has informed them that he is shutting down their frat.  But then John Belushi rallies the Delta House brothers, a rocket soars into the sky, a boxer down for the count gets back on his feet. “We all fall down,” reads a sentence on the screen. “Thank you for helping us get back up.”

I loved the ad - and was shocked to see it. After all, the Wall Street bankers, hedge fund operators and financial speculators who drove our economy and the globe into a ditch two years ago had to be dragged before Congress and the media before they would so much as admit that “mistakes were made,” to use Richard Nixon’s passive diction. Most of the companies that were rescued with no-strings-attached taxpayer dollars were quick to pay them back (on easy terms) and now behave as if they had never run into trouble in the first place. The newly resuscitated financial industry used its political might (and taxpayer money) in a massive lobbying campaign to kill any congressional legislation that might have prevented them from earning billions more on useless speculation. Bonuses are once again breaking records.

GM, at least, has some sense of obligation or appreciation for what we  taxpayers did for the company, its employees and investors. It doesn't make our lives any better, but I, for one, find that refreshing.

Not so for everyone. A good deal of the commentary online about the ad portrays it as a cynical move by a stupid company, directed at cretins and Democrats.

There was a lot of similar hostility in evidence when GM executives went to DC to beg for a bailout back in 2009. Members of Congress  criticized them for flying to Washington on corporate jets. The White House fired GM’s CEO as part of the bailout. Compared to that, the Wall Street titans were treated like royalty. No one demanded that they take the bus from New York, nor have the CEOs of Goldman, Citibank, Bank of America, etc. lost their jobs – much less been prosecuted – for their conduct.

The difference was striking at the time, and it remains so today, a reflection of the degree to which money is worshiped and wealth revered in this country, long past time when average Americans should know better. After all, GM employs people to produce things that people in this country actually use: cars. As a pointed piece in last week's New Yorker points out, "much of what investment bankers do is socially worthless." “The most profitable industry in America” – the financial industry – “doesn’t design, build, or sell a single tangible thing.”

Try driving a Collateralized Debt Obligation down the street sometime.