Obama to Corporate Persons: And This is How You Thank Me?

Poor President Obama. Confronted with an economic catastrophe when he took office, he made a decision – well documented here and here, for example – to save the financial industry from its own misdeeds, foregoing the opportunity to obtain from the Wall Street CEOs any kind of quid pro quo for beleaguered taxpayers and homeowners. And what does he get in return?

Wall Street contributions to the President’s re-election campaign are down 68%, reports the New York Times.

There’s also been a drop in financial support from some of those who were all-in to elect him in 2008.  Some big-name progressive donors, dismayed by the President’s inability to hold the line on everything from foreclosures to a public health care option (which likely would have survived the Supreme Court’s widely expected invalidation of the health care reform law), are sitting this one out – at least for the moment.

Unfortunately, the worst is yet to come for the President, courtesy of the same Supreme Court. Freed from campaign spending restrictions by the court’s ruling in Citizens United, the highly-skilled right wing corporate apparatus is aiming to raise $500 million in “super PAC” money to beat Obama. Pro-Romney super PACs have already out-raised those supporting the President by a factor of eight.

This comes as no surprise to those familiar with the way big business behaves in public.

If corporations are people, as the Republican majority on the Supreme Court says, then the defining trait of the modern corporate personality is ingratitude. When all the federal bailout programs are totaled up (including indirect assistance like being able to borrow taxpayer money at super-low interest rates), Wall Street and many other firms got somewhere around $14 trillion in financial aid from Washington.

Had that money been put in the hands of the American people, it could have paid off every mortgage, credit card and car loan in the United States.

Like President Obama, we are still waiting for our thank you note from corporate America.

Instead, we get surging credit card interest rates, skyrocketing gas prices, outrageous health insurance premium increases and, adding insult to those injuries, the imposition of undisclosed inflated fees by cell phone, airline and other companies for the dishonest purpose of charging hapless consumers more than the advertised price.

Hence the need for parental supervision of corporate persons, also known as "regulation."

Corporate money had already eroded the democratic process under the patchwork of campaign finance laws that pre-dated Citizens United. Our report, “Sold Out: How Wall Street and Washington Betrayed America” (PDF) gets right to the bottom line. Between 1998 and 2008, Wall Street invested $5 billion in Washington, a combination of money for lobbying and campaign contributions that won deregulation and other policy decisions that enabled the Money Industry to do as it pleased. The ensuing orgy of unbridled speculation came to a halt in 2008 when the big banks threatened to shut down the system unless they got trillions of dollars in loans, tax breaks and other taxpayer bailouts.

But by deregulating corporate money in Citizens United, the U.S. Supreme Court has empowered a crime wave of corporate influence peddling that will dwarf anything this country has ever seen.

Take, for example, Sacramento – California's integrity-free zone.

$ A half-decade-long battle to force health insurance companies to open their books and prove they need rate increases was crushed by industry lobbyists, forcing angry consumers to mount a ballot measure of their own.

$ A package of bills backed by the state’s Attorney General to prevent banks from abusing the home foreclosure process – dubbed the “Homeowners Bill of Rights” – has been blocked by the banking industry, which spent over $70 million on lobbyists and lawmakers in California between 2007 and 2011.

$ A bill that will deregulate telephone service, sponsored by the state’s two biggest phone companies, AT&T and Verizon, is sailing through the state legislature, much as electricity deregulation did in 1998 – to disastrous consequences for California taxpayers.

Once upon a time, average citizens might have had a voice in these policy debates.  Now that corporate America is locked and loaded, we don't stand a chance.

Citizens United / Harvey Column / President Barack Obama / Supreme Court - 04/23/2012

“There Oughta Be A Law” – Want to Play?

I wrote last week that until we change the Constitution to permanently kick corporate money out of politics, we can forget about Congress protecting us from cell phone company contracts that strip consumers of their right to go to court.

I got a lot of interesting email on that post, because most people who read “Where’s Our Money” and other blogs think there “oughta be a law” of some kind. But no matter what you believe in or where you stand on the ideological spectrum, anybody who is trying to make America a better place for human beings is going to have a hard time overcoming the corrupting effect of corporate money on public officials and the democratic process.

Think I’m wrong? Here’s my challenge:

Name a policy issue that involves our power as voters, consumers, workers, taxpayers or even shareholders and I will show you how corporate money has derailed any serious progress on the matter.

If you don’t want to post it publicly, just ask that your comment remain private, or send me an email.

The same day I mused on our new status as second-class citizens courtesy of the US Supreme Court’s Citizens United decision, President Obama’s re-election campaign endorsed a constitutional amendment to reverse that ruling. "The President favors action—by constitutional amendment, if necessary—to place reasonable limits on all such spending," the Obama campaign said. This came in the context of a another controversial move: the President had decided to encourage supporters to donate to one of the Super PACs supporting him. “Super PACs” are the shadowy groups that the Supreme Court freed of restraints on political spending in Citizens United. Tens of millions of dollars, most of it from unidentified corporations and wealthy donors, have poured into the Republican primaries. But that’s just a fraction of what Super PACs are expected to spend to unelect Barack Obama in November.

In a stark example of biting the hand that has fed it, Wall Street has made it clear that it is offended even by the timid financial reforms mustered by the Obama Administration over the last few years. Now that the taxpayers have resuscitated the Money Industry, it wants to go all the way back to the insane deregulatory policies that pushed the nation into a depression in 2008.

There was a lot of critical commentary about the announcement, not just by hypocrite Republicans like John Beohner, but also by commentators on the left who feel Obama betrayed his commitment to campaign finance reform.

I for one can’t see how any candidate from either party can afford not to play by the deregulated rules of legalized bribery blessed by the Supreme Court. Like Obama’s campaign manager said, “unilateral disarmament” in the face of a massive attack of big money makes no sense. Our electoral system now assures the survival only of the financially fattest.

But will Obama really fight for the 28th Amendment? It’s one thing to endorse the concept and quite another to press for a change in the Constitution that would strip the corporate establishment of its power to elect candidates and dictate laws. The President has the bully pulpit and phenomenal power, but like the rest of us, he can't hope to pass any laws if corporations maintain a hammerlock over the legislative branch. No one knows better than he how the powerful insurance lobby turned health care reform into a corporate boondoggle. If President Obama thinks there oughta be a law, any meaningful law, in his second term, he's going to have confront Citizens United.

 

Citizens United / Congress / Harvey Column / Supreme Court / Uncategorized - 02/13/2012

The Truth About the AG Mortgage Settlement...."Coming Soon"

The "settlement agreement" between state attorneys-general, the Obama Administration and five large banks over unlawful home foreclosures was front-page news everywhere this morning. Only one problem: you can't get a copy of the agreement itself.  All we have is a few hand picked details promising "relief" to defrauded borrowers, and pledges by the banks that they'll obey the law from now on.

Check out the special web site, which proudly trumpets the "landmark settlement," the "historic"agreement and the "landmark relief," but offers only a factsheet entitled "Servicing Standards Highlights" that purports to summarize the deal, and a bunch of phone numbers for the banks and the AGs.

Everything else is "coming soon."

This is an outrage, and frankly, the news media and all the rest of the pundits out there ought to have demanded the full and complete document before heralding the settlement as a major event. To my astonishment, most of the reports I read today failed to note that the actual settlement agreement has not been released to the public.

Ever heard of the lawyer's favorite maxim, "the devil's in the details"? The banks here were accused of failing to comply with legal technicalities like proving that they actually held the mortgage to the homes they foreclosed on.  When it comes to themselves, the bankers know those details matter: You can be sure that their lawyers have negotiated and reviewed every single comma. Shouldn't American taxpayers and homeowners, who have borne the terrible brunt of these banks' gross irresponsibility and greed for the last three years, had a chance to review the proposal before our elected officials signed on the dotted line?

I've seen this kind of stunt many times before - for example,  a settlement of a lawsuit that was described by the parties in a press release as returning $500 million in overcharges to insurance customers. Months later, the settlement agreement itself is quietly filed with the court, and surprise! You had to fill out a ten page claim form to get your money, and the insurance company got to keep whatever's left. (As a lawyer for one of the policyholders, I joined with Consumer Watchdog in an objection to the settlement.)

It is no little irony that many people lost their homes because they didn't read the fine print of the loans, or couldn't understand what it meant. But when it comes to the settlement of the fiasco, no one can read it even if they want to. We have nothing in print, fine or otherwise, beyond the press materials.

Remember you heard it first here: there'll be lots of surprises when we finally get to look at the details of this deal.

 

 

Foreclosure / Foreclosures / Harvey Column - 02/10/2012

There Oughta Be A Law…. But There Won’t Be Unless We Change the Constitution

Are you one of those people who are constantly saying “there oughta be a law”? I am - which is probably why I ended up a consumer advocate.

Some pretty lofty assumptions about democracy are built into that quaint phrase, if you think about it. For one, it assumes that law is a good way to resolve disputes (as compared, say, to fists or guns). Also, that everybody will obey the law. Perhaps most obvious, when someone says, “there oughta be a law,” they’re asserting our right as Americans to make things better for ourselves by getting the legislative branch to address an issue of public importance.

Indeed, the "the right of the people...to petition the Government for a redress of grievances" is built into the First Amendment - the same amendment that five members of the United States Supreme Court pretty much erased from the Constitution in the Citizens United case two years ago.

By now, everyone understands that by giving corporations the same First Amendment rights as humans, and then ruling that spending money to influence elections is a form of “free speech,” the Supreme Court in Citizens United unleashed a tsunami of corporate money that will drown out the voices of 99% percent of Americans in favor of the 1% who have the wealth to determine who wins elections. “Free” speech can’t compete with hundreds of millions of dollars of paid propaganda.

What’s not been much discussed is how the Supreme Court decision actually conflicts with the rest of the First Amendment: it has negated our right to petition government for a redress of grievances.

Consider another Supreme Court-imposed debacle: in 2011, the high court ruled that consumers who sue big companies in class actions can be thrown out of court and forced to go into “arbitration” – a system in which the company hires private “judges” to determine whether the company broke the law. The Federal Arbitration Act specifically says that arbitration doesn’t apply if the arbitration clause violates a state’s consumer protection law. But the Supreme Court refused to recognize that exception. The case is Concepcion v AT&T Mobility. In that lawsuit, consumers challenged AT&T for adding extra charges to the purchase of a cell phone that the company had advertised as “free.” The decision – another enormous victory for big corporations – strips American consumers of their right to hold a company accountable for rip-offs big or small.

Unlike the Court’s ruling in Citizens United, which interpreted the US Constitution, Congress could easily amend the Federal Arbitration Act to reverse the Concepcion decision. But will it? Forget about the House of Representatives: it’s controlled by corporate Republicans who are owned by the cell phone companies. (The House was close to passing a bill that would have allowed  telemarketers and debt collectors to call consumers’ cell phones with recorded messages. A huge public outcry delayed the legislation.)

But in the Democrat controlled US Senate, a bill to override the Supreme Court’s arbitration ruling has only fifteen cosponsors.

In California, we are lucky to have the ballot initiative, which allows us to take matters into our own hands when state legislators are too beholden to special interests to deal with important issues. Using the initiative process, California voters passed Proposition 103 to restrain price gouging by auto, home and business insurance companies. My colleagues at Consumer Watchdog are now proposing an initiative to put health insurance premiums under Proposition 103’s controls. But even the people’s initiative process has been corrupted by corporate money. And attempts to ban corporate interference in ballot initiative campaigns ran smack into, once again, a decision by the United States Supreme Court.

Indeed, you don’t have to be an astute observer of politics to know that corporate money has long corrupted politics. Our report, “Sold Out: How Wall Street and Washington Betrayed America” (PDF), published in March 2009, got right to the bottom line in its title. Between 1998 and 2008, Wall Street invested $5 billion in Washington, a combination of money for lobbying and campaign contributions that won deregulation and other policy decisions that enabled the financial industry to do as it pleased. The ensuing orgy of unbridled speculation came to a halt in 2008 when the financial industry threatened to shut down the system unless they got trillions of dollars in loans, tax breaks and other taxpayer bailouts.

Laws regulating corporate spending in elections and lobbying were intended to limit the damage to democracy. Some, including me, would argue that they didn’t work anyhow. But Citizens United has eliminated any chance of righting the imbalance of political power between corporations and human beings short of changing the United States Constitution itself. We’re proposing exactly that: a 28th Amendment to the Constitution that reads “The protections of the First Amendment that apply to the spending of money on lobbying and elections, whether by contributions, expenditures or otherwise, shall extend only to human beings.” Join us right now.

Citizens United / Harvey Column - 02/06/2012

We the Fee

I couldn’t find any comment from the Republican presidential candidates on one of the most compelling financial events of the last week: Verizon’s virtually instant reversal of its $2 fee on people who pay their wireless bills over the phone or online.

Nor apparently did the White House have anything to say, even though the Federal Communication Commission’s announcement that it was “concerned” about the fee no doubt factored into Verizon’s decision. The FCC, once the cell phone industry’s best friend in Washington, D.C., has morphed into something actually looking like a consumer protection agency under Obama. It also killed the AT&T – T-Mobil merger that would have destroyed competition in the wireless marketplace and led to vastly higher prices and much worse service. The President certainly deserves a victory lap – and could use one – but remained incommunicado during his vacation in Hawaii.

Nothing from the Tea Party or Occupy Wall Street either.

Fees have become the bane of the American consumer. Airlines make more money from fees than from air fares. Banks replaced tellers with machines and now force their customers to pay $3-$5 for the privilege of accessing their own money. Hotels apply “resort fees” for using the typically impoverished gym. And then there is the coup de grace: the fee you have to pay for getting a bill in the mail – a favorite of the cell phone and health insurance companies.

Undisclosed, or at best hidden in the fine print, these fees cripple consumers’ ability to compare prices. Which becomes a nightmare if you realize you are paying too much and decide to take your business elsewhere: many of these companies require you to stay with them for two years or pay an early termination fee in the hundreds of dollars.

Verizon’s retreat from the fee was a major victory for consumers, who organized a massive internet/Twitter/Facebook protest worthy of Zuccotti Park or Tahrir Square. In November, Bank of America tried to institute a $5 fee for using a debit card – it too was forced to back down in the face of national outrage.

How then to explain the silence of political candidates and public officials? The simple answer harkens back to the Occupy metaphor. The political class doesn’t sweat the small stuff like a $2 fee – they can afford not to. But most Americans can’t afford to throw away two bucks.

Harvey Column / Occupy / Outrage / President Barack Obama / Tea Party - 01/03/2012

Money Never Sleeps

Oliver Stone’s sequel to his 1984 hit "Wall Street" opens as the Bubble is about to burst on a culture of material excess that makes Gordon Gekko’s 1980s cell phone – then a symbol of extravagance available only to the mega-rich – ridiculously quaint. Stone’s Wall Street circa 2008 is set in a New York constructed of light, with ubiquitous flat screens providing instantaneous, 24/7 updates on the status of global power and wealth. When the results of decades of speculation first hit the housing market and then the stock markets, the great titans of Wall Street start eating their own. But that was only an appetizer for the main course: the American taxpayer.

I really couldn’t enjoy the love story between Shia LaBeouf and money, much less the one between Shia and his girlfriend, who happens to be Gekko’s estranged daughter and thus presents a trading opportunity for the ambitious young man. As the movie traced the collapse of Bear Stearns and then the stock market into a pile of scrap paper, I got more and more angry.

In one scene, the silver-haired heads of the giant firms that run Wall Street – surrogates for Goldman Sachs, JP Morgan, Citigroup, etc. – cloaked in bespoke suits, are gathered around an ornate table in a wood-paneled conference room with one of their former colleagues, who is now the Secretary of Treasury (aka Hank Paulson), to discuss how much taxpayer money they need in order to stay afloat. Hundreds of billions of dollars are referred to in single digits. The consensus, quickly obtained, was “seven.” It was like the Godfather movies, when the heads of the Families would convene to handle some event that threatened their criminal way of life.

I found myself remembering the scene, in the third Godfather, when small-time hood Joey Zasa locked the conference room doors from the outside, trapping the heads of the Families inside so they could be slaughtered by his assasins.

The nation hardly needs Oliver Stone’s portrayal of the markets as organized crime to stoke people’s recollection of what the debacle did to our economy and our kids’ futures. Our anger has reached a white hot point that, like the sun in a magnifying glass, is now being directed against public officials all over the country. “Money never sleeps” is Gordon Gekko’s new mantra, and vast sums of money are flowing into the political process to influence the November elections - largely an attack on incumbent Democrats in Congress.

But where was all this money back in the third week of September, 2008, when the Bush Administration’s three page proposal to bail out Wall Street with billions in taxpayer money was presented to Congress along with the threat that the United States would collapse if it wasn’t approved on the spot?

In what I must acknowledge was a serious overestimation of the impact one citizen could have at such a moment, I flew to Washington, D.C. on Tuesday, September 23, 2008, thinking I might be able to draw someone’s attention to the sheer lunacy of what was being proposed. Joan Claybrook, the President of Public Citizen, and I held a news conference just outside the House Banking Committee hearing room, where the plan was being presented by the Bush Administration. We were like two voices whispering in a hurricane. Later, I met with members of the California congressional delegation who were in shock and ready to do the bailout deed forthwith. Ok, I said, at least require disclosure of how our money was spent and a quid pro quo: that the companies receiving taxpayer dollars could not loan them back to us for more than a few percentage points profit. The legislators responded to the interest rate cap as if I had proposed that they resign from Congress.

It would have been nice back then if there had been a hugely funded campaign backed by angry Americans telling Congress not to act hastily or stupidly. But in fact, the big money we are seeing now in American politics is not from the grassroots, but from the same greedy folks who caused the debacle in the first place or who profited from the bailout. According to US News and World Report, business and conservative backed organizations are behind the  “independent expenditure” campaigns that are targeting Democrats and outspending them two to one. A recent article in the New Yorker uncovered two extremist billionaire brothers funneling over $100 million from their family oil business into Tea Party non-profits. Long-time big business Republican operatives like Karl Rove (now running a group called "American Crossroads") and Dick Armey ("FreedomWorks") are supplying more than tea for the new tea party.

The sudden resurgence of interest in politics on Main Street would be cause for great celebration, and the opportunity for real change, as citizen leader Jamie Court writes in his new primer on political activism: “The Progressive’s Guide To Raising Hell.” Instead, it’s just another dismaying example of big money corrupting our political system. If it succeeds, get ready for more speculation, more bubbles, and more pain for the average American.

"Greed is good," Gekko said back in the day, but Wall Street needs to own Washington, and Wall Street is already projecting victory in November.  Commenting on the rise of the Dow in September, an analyst said, "’There is a good chance that the strength we have seen in the market recently is due partly to an expectation about the result of the election... Investors are starting to understand that a likely result of this election is gridlock, and that is good."

Harvey Column / Outrage - 10/03/2010