Good Riddance to a Bipartisan

Let's take a closer look at one of the most overhyped buzzwords in politicspeak: bipartisanship.

Especially as it relates to the battle for financial reform, the call for bipartisanship threatens to drown the entire debate in meaningless twaddle.

Take for example the retirement announcement by Evan Bayh, who said he was calling it quits because he just couldn’t take how politically divided the Senate had become. Nearly the entirely Washington establishment, including the press corps went into a mad swoon over Bayh, lamenting the sad lack of bipartisanship.

I shed no tears for Bayh, a member of the Senate Banking Committee who was MIA in the debate over financial reform, and was among those moderate Democrats who was expected to oppose one of the most important proposals: creation of a stand-alone financial consumer protection agency.

Bayh did lead a group of Democrats whose idea of leadership was compromising with Republicans during the Bush Administration. What really got Bayh’s juices going was fiscal discipline and budget-cutting. Now that the Republicans have shown that they have no interest in reciprocating Bayh’s spirit of compromise, he’s got no one to play with in the Senate.

It was left to the astute cable TV comedian, Bill Maher, and a lone blogger on the Huffington Post to identify Bayh, for what he really is: A Democrat who represents corporate interests in the U.S. Senate.

During his 20-year political career, Bayh was a fundraising juggernaut. As far as I can tell, no one in the mainstream media dwelled on the $26.6 million in campaign contributions Bayh garnered, as reported by the Center for Responsive Politics. His top contributor was not from Indiana. That would be the financial giant Goldman-Sachs, which ponied up more than $165,000, edging out the drug company Eli Lily for the top spot. The third top contributor was Indiana-based Conseco Inc. an insurance company. Another bailout beneficiary, Morgan Stanley, was right up there too, with more than $81,000 in contributions.

Finance and securities was the second largest industry in contributions to Bayh, outdone only by corporate law firms.

Freed from the constraints of politics, Bayh’s first act after announcing he wouldn’t run again was to stick up for one of his beleaguered constituents – the student loan industry. The administration is proposing to stop subsidizing that industry and loan directly to students. Bayh’s against that, concerned that Indiana-based student loan servicer Sallie Mae will lose jobs.

If this is bipartisanship, it’s exactly what’s wrong with the Senate, where health care and financial reform are now gasping for life, in the stranglehold of supposed centrists like Bayh and another retiring Democratic senator, Chris Dodd of Connecticut. Dodd is also a top recipient of contributions from the financial sector. You have to wonder whether Bayh and Dodd’s next stop will be top lobbying firms, where they can continue to earn top dollar from Wall Street.

We don’t need more compromise with Goldman-Sachs and Sallie Mae under the guise of bipartisanship. Let’s retire all the blather about it along with Bayh. We don’t need more senators like him who do Goldman Sach’s bidding and then piously whine about the poisonous atmosphere in Washington. We need real reform and we shouldn’t settle for politicians who don’t have the guts to fight for it.

Bailout Beat Might Be His Last

Most of official Washington operates in a state of slow-mo lethargy when it comes to working on financial reform.

Not Neil Barofsky, who is saddled with the cumbersome acronym SIGTARP.

That stands for Special Inspector General of the Troubled Asset Relief Program, also known as the federal bailout.

He’s a one-time federal prosecutor who in his former life prosecuted Colombian drug gangs and white-collar criminals.

As one Republican senator told him when Barofsky got the inspector general’s job, if he did his job properly, he’d never be able to get another.

Barofsky seems to have taken it to heart.

Last week, along with New York Attorney General Andrew Cuomo, he filed suit against former top Bank of America officials, charging them with fraud for concealing how bad Merrill-Lynch’s losses were from B of A’s own stockholders while B of A was in the process of acquiring Merrill during the melt-down.

Barofsky also recently launched an investigation into the shady federal bailout of AIG and its counterparties, including Goldman-Sachs.

Meanwhile his regular quarterly reports to Congress continue to pack a punch. He has consistently warned against the administration’s rosy predictions of how taxpayers will benefit from TARP.

He’s focused instead on the continuing dangers of doing nothing to rewrite the rigged rules of the financial game that favor bankers’ bonuses and betting with taxpayers’ money over the interests of consumers and homeowners.

“Even if TARP saved our financial system from driving off a cliff back in 2008,” Barofsky wrote in his most recent report, “absent meaningful reform, we are still driving on the same winding mountain road, but this time in a faster car.”

In fact, the whole focus on whether taxpayers are getting “paid back” is a smokescreen for TARP’s failures. While the administration has touted banks’ repayments of their TARP money, the repayments are backfiring on the administration, giving it less leverage over the banks. Released from their TARP obligations, the banks are free to return to lavishly rewarding their employees for risky trades that rack up short-term profits.

Barofsky, writing in plain language that consumers and concerned citizens can understand, states that while the TARP program stabilized the financial system, it hasn’t met most of its other goals. “Lending continues to decrease, month after month, and the TARP program designed specifically to address small-business lending — announced in March 2009 — has still not been implemented by Treasury,” Barofsky wrote in the January 30 report. “The TARP foreclosure prevention program has only permanently modified a small fraction of eligible mortgages, and unemployment is the highest it has been in a generation.”

Barofsky was appointed by Congress to monitor TARP. Yet Congress has done nothing to hold the current administration accountable for the bailout’s failures. Meanwhile the Senate continues to pursue what appears to be its quest to squelch reform, in direct contradiction of what a majority of Americans want. Specifically Sen. Christopher Dodd appears to be on the brink of negotiating away a stand-alone Consumer Financial Protection Agency, a linchpin of President Obama’s reform plan. The financial industry fiercely opposes such an agency.

Contact your representative and senator today and let them know you support Barofsky’s strong work on TARP. While you’re at it, let your senator know you’re paying attention to the battle over financial reform, and that they should start paying attention to the will of the majority instead of the bank lobbyists.

Angelides Panel Day 2: Bair, But No Flair

The first two days of the long-awaited Financial Crisis Inquiry Commission hearings have been largely rambling and listless, with commissioners leading witnesses around the same debates and issues that even casual observers of the meltdown and bailout have heard many times.

Those with patience were rewarded Thursday with some nuggets of straight talk from FDIC’s Sheila Bair and state regulators skeptical of the benefits of financial innovation.

Phil Angelides is getting some raves for his clash with the head of Goldman-Sachs Wednesday and his knowledge of how the financial system works. Angelides compared Goldman to a used car salesman selling vehicles with bad brakes, and chided the firm’s chairman for describing the financial meltdown as a natural disaster like a hurricane.

I’m not buying it.

One dustup in the middle of two days of hearings did nothing to illuminate the meltdown. Goldman’s thick-skinned and well-paid Blankfein has already stared down the president of the United States and Congress. I doubt he’s going to change course after Angelides’ comments.

Angelides, his vice-chair Bill Thomas and the other commissioners seem to have no sense of urgency or flair for how to hold a public hearing. Angelides and company are either unprepared or appear not to have the stomach to bring out the story in a compelling way or hold bankers and regulators publicly accountable.

We have a long, proud history in this country of public hearings that focused on key issues, electrified the country, and galvanized political change, starting with the hearings on which the current panel is based, the 1930s Senate probe into the financial shenanigans preceeding the stock market crash, headed by Ferdinand Pecora.

Michael A. Perino, a professor specializing in securities regulation at St. John's University School of Law who's writing a book about Pecora, told "Bill Moyers Journal" that Pecora took complex financial transactions and turned them into simple morality plays. “Pecora was, if nothing else, a brilliant lawyer. He knew how to ask questions. He was a pit bull. He would not let people get away with hemming and hawing and hedging their answers. And he would go after them, politely, of course. But he would go after them until he got the answer he wanted.”

In the early 1950s Sen. Estes Kefauver went after organized crime. Later in the decade, Sen. Robert Kennedy targeted corrupt union bosses.  In the 1970s, the country was riveted by the Senate hearings into the Watergate scandal, led by a superb lawyer named Sam Dash.

Each of those hearings, from Pecora to Watergate, was characterized by relentless preparation, tenacious questioning and savvy stage managing.

Dash unfolded the Watergate story like an episode of the old courtroom drama Perry Mason. It’s worth quoting Dash’s method at length for the stark contrast with Angelides.

“Having been a trial lawyer, I know that you begin a trial by starting at the very beginning,” Dash told NPR’s “On the Media” in 2003.  “It's like a detective story. In this particular case, there was the Watergate burglary; there were the cops that arrested the burglars. And then I would bring in a number of accusers like John Dean who had been counsel to the president who was pointing the finger at the president and [H.R.] Haldeman and [John] Erlichman, and so I was setting up this tension of the police work, the work of the people who were involved as co-conspirators, who were accusing, and then ultimately bring the accused – Haldeman, [John] Mitchell, and Ehrlichman – and in order to make sure that our story would be told in a consecutive and interesting fashion, every witness that I called had been prior called, before an executive committee.

“In other words I knew exactly what my questions were going to be and I knew exactly what the answers were going to be so that I could put it in a form that this would come out like a story, and I think it, it succeeded in the sense that the American people were glued to their television sets waiting for the next episode.”

In Thursday’s session we got the attorney general, Eric Holder, touting his successful prosecution of Ponzi schemer Bernard Madoff and other cases that had nothing to do with the financial crisis. His office continues to investigate 2,800 mortgage fraud cases, Holder said.

No commissioner asked Holder any follow-ups about the recent failed prosecution of Bear Stearns hedge fund managers who were acquitted of lying to their clients about the funds’ mortgage investments, or lessons that the Justice Department might have learned from that embarrassing defeat.

Nor did the commissioners ask SEC chief Mary Schapiro, seated close by Holder, about the SEC’s colossal failure in ignoring repeated warnings about Madoff’s crooked deals.

What’s particularly frustrating is that Angelides appears to have the seeds of a theme: how banks and regulators ignored warnings of trouble prior to the meltdown. He has asked a couple of times about a 2004 FBI report that warned of a looming explosion of mortgage fraud. Surprisingly, though Angelides had raised it Wednesday with the bankers, when Angelides asked Holder about it Thursday, Holder replied that he wasn’t familiar with the warning but said, “We’ll look into that.”

That’s some indication of just how seriously the country’s top law enforcement officer is taking the hearings.

The commission’s second day of hearings focused on regulatory efforts of the SEC and FDIC as well as state efforts at financial regulation.

Amid strong lobbying by the big banks, state regulators have been largely pre-empted from financial regulation. Whether or not to give states back that authority is a key point of contention in on-going debate over financial reform; financial institutions continue to bitterly oppose it.

Sheila Bair, FDIC chair, whose strong voice for reform has sometimes been drowned out by those of other members of the Obama economic team, got a chance Thursday to reiterate her view of the failures that contributed to the crisis.

“Not only did market discipline fail to prevent the excesses of the last few years, but the regulatory system also failed in its responsibilities,” Bair said. Record profits across the banking sector, Bair added, also served to limit “second-guessing” among the regulatory community.

The Texas securities commissioner, Denise Crawford, also offered a sharp perspective not usually heard either on Wall Street or in Washington. “The great minds of Wall Street are probably right now coming up with new securitization products,” she told the commissioners. “It's not just mortgages. It's the entire structure of Wall Street and the super-wealthy that create the demand for new speculative products.”

Getting a Haircut and a Hotdog

Lawmakers are always looking for a fig leaf when it comes to presiding over a massive public bailout of their friends on Wall Street. So, for example, when Treasury Secretary Geithner appeared on Capitol Hill last March to explain why AIG got one hundred cents on the dollar, which it promptly turned around and handed over to Goldman Sachs and its other Wall Street partners, Republican Congressman Spencer Bachus wanted to know, “Was there any discussion over a haircut – [the Wall Street Banks] taking 95% or 90% as full payment?”

Five or ten cents on the dollar – that’s what Congressman Bachus and his colleagues on Capitol Hill think is a sufficient penalty for having hopped into bed with AIG? 

Too Big To Get Sick: Vaccine for the Swine

If they are “too big to fail” then they are obviously “too big to get sick.” Guess that’s why Goldman Sachs, Citigroup, and JP Morgan Chase are getting doses of the H1N1 flu vaccine from the government ahead of virtually everyone else in the country. The firms are on a special list approved by the Centers for Disease Control & Prevention, a federal agency. Most doctors here in Los Angeles still can’t obtain the vaccine for their patients.

A different kind of bailout

What a striking contrast between the urgency and dramatic action the government mobilized to meet Wall Street’s financial crisis last year and the continuing hand-wringing, half-measures and wishful thinking that have greeted the dire continuing financial crisis on Main Street.

Administration still won't rein in lavish pay schemes

Imagine if you could report the value of your work on your tax return, rather than your actual income. At the end of the year, you’d issue yourself a W2 or a 1099 based on a comparison of how other people who did the same kind of work valued their efforts. The lower the worth you put on your work, the lower your taxes. Let’s just say the IRS wouldn’t be too happy with a system that encouraged low-balling.

Wall Street bankers were able to arrange an equally self-serving compensation system for themselves - and they got away with it.

Heads banks win, tails taxpayers lose

Remember when high risk and reckless trading led to economic collapse?

That was so five minutes ago.

Goldman-Sachs is back to its old tricks, roaring to record profits from high-risk trading - and the federal government is aiding and abetting the whole thing.

You might have thought the feds would be discouraging Goldman from using the economy as its private casino, but that’s far from the case.