Purchasing power, One-Percent style

There’s been a good deal of talk about how the Occupy movement “changed the debate in this country” to focus on income inequality.

But while members of Occupy Wall Street skirmished  with police over a patch of ground in lower Manhattan, the members of the country’s top 1 percent bypassed the political debate and have gone back to work wielding their influence in the corridors of power.

It’s been a particularly wrenching patch for the 99 percent, who are excluded from those corridors.

First, Congress this week, with President Obama’s blessing, passed something Republicans misleadingly labeled a JOBS Act, which basically gives a green light for fraud by removing important investor protections under the guise of promoting startups.

Second, Congress has been pushing financial regulators to weaken even further a mild piece of sensible financial regulation that would prevent banks from making risky gambles with their own accounts – the ones guaranteed by you and me as taxpayers. It’s the final coup de grace marginalizing the views of one-time Federal Reserve chair Paul Volcker, for whom the rule is named. Volcker has been a lonely voice among the president’s financial advisers, advocating stronger action to rein in the behavior of the too big to fail banks. Largely ignored by the president, Volcker’s views are getting stomped by Congress and financial regulators.

There is no mystery why we have suffered these setbacks: our political system has been overwhelmed by the power of money. The bankers lobby has swarmed the Capitol to drown any opposition to its views. The bankers have also come with their checkbooks in an election year, and they’re looking to buy whoever is for sale, of whatever party. According to a new report by Public Citizen, politicians who advocated for a weaker Volcker rule got an average of $388,010 in contributions from the financial sector – more than four times as much as politicians advocating to strengthen the rule, who still managed to haul in an average of $96,897 apiece.

Our politicians, insulated by a celebrity-obsessed media and swaddled in Super PAC cash, could care less about the consent of the governed. Republicans have only to wave around their magic wand that makes all problems the fault of government regulation in order to hypnotize their followers, while the Democrats only have to remind their followers how scary the Republicans are to keep them in line.

Meanwhile, the Occupy movement, which started with such promise in galvanizing public support against corporate domination of our politics, has splintered into a thousand pieces, wasting precious energy and time in confrontations with police rather than building a broad-shouldered coalition working on many different social and political fronts.

The challenge for Occupy remains the same: building a force that actually includes the members of the 99 percent who have not yet gotten active, who may be still stuck in apathy, cynicism or hopelessness or who may simply not have a perspective that includes social and political action.

The next opportunity is a series of protests planned nationwide for May 1, which has traditionally been a time of action around the immigration rights issue. This year occupiers, labor allies and a variety of community organizations are planning to join their issues. Can we forge a message strong enough and the numbers large enough to rock the corridors of power?

AIG Founder Asks “Terrorists” for Help

One of the particularly infuriating aspects of the financial crisis is the unapologetic hypocrisy of the Wall Street titans.

These devotees of free markets didn’t hesitate to grab the taxpayer life preservers blithely tossed to them by the U.S. Treasury when they were about to go under. Taxpayers never got a “thank you,” much less “I’m sorry,” from these geniuses who nearly destroyed our economy.

But one among them has set himself apart. I refer to Maurice Greenberg, the founder of American International Group, or AIG. In its prime, AIG was possibly the largest insurance company on the planet, selling everything from life insurance to environmental liability coverage for big corporations.

Greenberg was used to the royal treatment accorded the billionaires at the top of the Money Industry. He pulled in $20 million in 2004 from AIG and an off-the-books executive slush fund the company setup for its top execs.

Like many of his peers at that level, Greenberg was a major player in American politics. AIG and Greenberg’s charities donated tens of millions of dollars to grease the wheels in Washington and keep his company free of regulation.

But unlike many of his insurance brethren, who had figured out that they were usually better off keeping their thoughts to themselves, Greenberg never hesitated to pronounce his views, especially when he thought it was good for business. So Greenberg put himself and his behemoth insurance company at the forefront of “tort reform” – an insurance industry inspired propaganda effort to blame trial lawyers and personal injury lawsuits (“torts”) for higher insurance premiums.

“Tort reform” conveniently diverted public attention from the fact that insurance companies were raising rates in order to offset investment losses in the stock market  - often while friendly state insurance regulators looked the other way. There was another benefit, too. The “solution” advocated by the insurance companies was to restrict the rights of Americans to have their day in court. This usually involved capping damages or attorneys fees, both of which enabled insurance companies to pay out less in claims, and keep more money for themselves. Too many willing state legislatures fell for this trick, though California voters ultimately got it right and capped the insurance industry’s premiums.

Back in 2004, when George Bush and the Corporate Republican Establishment were firmly in control of Washington, “tort reform” was high on their list of priorities. In fact, they expanded their attack, targeting the class action lawsuits that consumers often bring against corporations. Greenberg was a particularly vociferous cheerleader for the push to limit the ability of injured or ripped-off consumers to undertake a class action.

Referring to legislation that would restrict consumers’ ability to bring a class action lawsuit, Reuters reported in 2004 that "Greenberg likened the battle over reforming class action litigation to the White House's 'war on terror.’” Reuters quoted Greenberg as saying, “It's almost like fighting the war on terrorists….I call the plaintiff's bar terrorists."

That was 2004. A year later, Greenberg himself was in a world of legal trouble (PDF). He was ousted in 2005 after an investigation by New York Attorney General Elliot Spitzer found that AIG had engineered a series of sham transactions intended to make AIG’s financial picture look better. In 2006, AIG paid $1.6 billion to settle a variety of charges.

Then came the financial collapse. AIG was at the forefront of the form of Wall Street gambling known as “credit default swaps,” under which AIG would sell insurance on packages of subprime mortgages known as “derivatives.” Though long gone, Greenberg remained AIG’s biggest shareholder, so he lost billions when AIG’s credit default swaps went into default and the Bush Administration took over the company in exchange for a taxpayer bailout that now totals $182 billion.

Ever since then, Greenberg’s been insisting on justice… for himself.

Demanding an investigation of the government’s decision to seize AIG, Greenberg suggested “class-action lawsuits that put people under oath in depositions and discovery.”

A fervent deregulator, Greenberg now blames the federal government for failing to regulate his industry. “I don’t recall any regulator coming to look at the [insurance] holding companies, and if they did, it was a very superficial job,” according to a report on a speech Greenberg gave last year.

In a speech in February, Greenberg had this to say about improving America’s judicial system: “We go around the world preaching about the importance of the rule of law…. We better take a look at America and make sure we have the rule of law here first.”

Mr. Angelides, Which Side Are You On?

While I was watching the hearings into the financial crisis last week, a haunting old song got into my head and wouldn’t leave.

It was “Which Side Are You On?” from the 1930s out of the coalfields of Harlan County, Kentucky.

Coal miners faced brutally harsh living and working conditions, under strict control by the coal barons who had complete power over the miners and their communities. The miners and their families waged a tough struggle to win recognition for their union and concessions from the bosses.

The lyrics describe how at a certain point in the fight, the population of Harlan County had to take sides.

They simply couldn’t remain neutral any more. They either had to stand with the miners and their families or with the coal barons and the thugs who enforced their rule.

I wanted to ask Angelides: which side are you on?

Are you on the side of the people who are suffering in the worst economic calamity since the Depression? Or on the side of the bankers  and the politicians and regulators who did nothing to halt the crisis and whose response has only made it worse?

Lots of people admire Angelides. He’s a former real estate developer who built a reputation as a reformer while California Treasurer, then ran unsuccessfully for governor in 2006.

I found him an odd choice. Previous high-profile investigations have featured lawyers with not only great intellectual chops but who were skilled storytellers and fearless to boot.

Angelides is a bright guy who has some understanding of high finance, but without any of the characteristics that distinguished previous investigators. Far from being a courageous outsider, he’s a Democratic Party insider who has grubbed for political contributions.

He’s bright enough to get training and surround himself with people with those skills.

So why were the hearings so lacking in urgency to get to the bottom of the financial crisis, hold people accountable and offer material support for real reform?

Because Angelides doesn’t understand that at this point, there simply are no more neutrals. If you understand the public’s anger and the mishandling of the financial crisis, then you have an obligation to take a strong stance, and show you are on the side of really fixing the problems.

That’s what Sen. Christopher Dodd found out.

For years the Connecticut Democrat was a darling of the financial industry. Then came the crisis and the bailout. He tried to refashion himself as a reformer but he had no credibility with his constituents after having taken millions in campaign contributions from the financial sector over the years.

The voters in Connecticut weren’t buying the new image. They were threatening to throw him out, so Dodd retired. Since his announcement, he’s showed his true colors, doing his contributors’ bidding by dropping his push for a Consumer Financial Protection Agency.

Unlike Dodd, Angelides is not running for office, at least not now. But he’s wearing the mantle of public protector, and the public is in no mood for phonies.

People don’t want an arbitrator, they want a fighter.

They also don’t have a burning need for another investigation. Several very thorough investigations have already been conducted, including one by the Consumer Education Foundation that you can find here.

Mr. Angelides, we know what happened. What we want to know is, what are you going to do about it? You can still set this commission straight. But you have to bring a sense of passion for the fight that has been missing so far. And you’ve got to know which side you’re on.