Showing posts with label EM08. Show all posts
Showing posts with label EM08. Show all posts

Monday, October 24, 2016

Abacus Bank: The Fighters

Even the smallest victory is never to be taken for granted. Each victory must be applauded, because it is so easy not to battle at all, to just accept and call that acceptance inevitable.
       --Audre Lorde

Mr. Sung, I'm glad they pick on you, cuz you're a fighter.
--from the just released Steve James documentary, Abacus: Small Enough to Jail
Thomas Sung, founder, Abacus Bank

Of the many dire things I've found, thought and written about on EM08, until now there's been little sunshine. Thanks to the great Gretchen Morgenson, as dogged and principled a journalist in the msm as there is - particularly in regard to EM08 - I first learned of the tale of Abacus Bank.

When my initial EM08 research began, no less than Meredith Whitney came into my awareness, and I remember her ominously forecasting how what the government was doing was "saving" the system, but punishing and destroying community banks and credit unions.

In 1995, megabanks — giant banks with more than $100 billion in assets (in 2010 dollars) — controlled 17 percent of all banking assets. By 2005, their share had reached 41 percent. Today, it is a staggering 59 percent. Meanwhile, the share of the market held by community banks and credit unions — local institutions with less than $1 billion in assets — plummeted from 27 percent to 11 percent. 
-The Institute for Local Self-Reliance 

I wrote to Abacus to offer encouragement, and Jill Sung, founder Thomas' daughter and CEO, replied. That correspondence follows below. What's heartening is that Steve James, award winning filmmaker (Hoop Dreams, Life Itself, among others) has undertaken the task of telling the Abacus story, in a doc that evidently is knocking out audiences.

My mind's racing with a torrent of thoughts and emotions:
  • At the top, and as usual, there's outrage watching Uncle Scam pick on the small guys while rewarding the biggest psychotic crooks in history.
  • As a minority community bank, Abacus' David vs. Goliath story takes on magnitudes of importance, given how crazy America's racial history is.
  • An ironic EM08 observation: one of the most infamous EM08 weapon of destruction's name? Abacus. Who were the architects? In the main, Goldman and John Paulson. BILLIONS stolen, with Paulson alone netting a billion and Goldman in eating its own customers, made hundreds of millions. This is what my country has devolved to, a cesspool of crooks with "deals" that, to anyone with a shred of fairness and decency, reads like something out of Abbie Hoffman's Steal This Book for the vampire bureaucrooks. Forget innovation or entrepreneurship. No, let's just erect endlessly opaque bureaucrookery so we can feed off of the helpless, the small, the weak. Here's the REAL enemy, folks. It's not middle eastern, it isn't la cosa nostra, it isn't the Crips or Bloods. No less than Reuters has a highlight reel here.

Those who endure my endless ranting about these psychopaths deserve a break; here's a heretofore unseen ray of sunshine, some great Americans, heroes, really, sticking to their guns.

Abacus: Small Enough to Jail. Can't wait to see it. Our correspondence follows, but in a moment of serendipity, this first short piece, courtesy of Creatomic/Medium, just came to my attention, and deserves a place as preface. It makes me think of the many sacrifices my family went through, just so I could be here, blogging this... it aptly sets up the Sung's battle, while illuminating their resilience, courage and old school values.




Stop telling each other it’s alright. Sometimes, it’s just not.

People’s lives fall apart in a splinter of a second, their dreams get destroyed, they discover that their bodies have been hiding a disease that’s only getting worse.
Businesses fail, and products crash, and people who love other people get their hearts broken, and people who would give anything to succeed wait for their ships to come in long after they’ve lost the strength or the energy to do anything about it.
What’s the first thing we say to each other, when something goes wrong? What’s the first thing we say when the world gets turned upside down, when all of the shit and the tough times and the breakdowns come?
We say, “it’s alright.”
“It’s alright.”
And that’s a default reaction, it’s the first thing that comes out of our mouths, often. It’s the only assurance we can think of, and the only way we often know how to respond to awful things that seem so far out of our control or influence.
“It’s alright.” Or its alternative, “It’s going to be okay.”
But in the end, a great many things never turn out alright. A great many things just aren’t okay. And saying they are, trying to fool ourselves and the people who need us into believing that it’s all a blip on the radar, it’ll all be sorted out — that’s not helping.
Do you know why?

We know it’s just not true.

People don’t want to hear that everything is alright, when they know — deeply and painfully — that it isn’t. They don’t want to be lied to, even if it’s in the nicest way possible.
All they want is for us to be near. Be open. Be awake and willing to listen. Be patient. Be understanding. And most of all, to just be there. Because the greatest gift you can ever give to someone who is mourning a tragedy, a business disaster, anything — is to ensure that they aren’t alone.
That’s why people in a time of crisis often scream out for help or for companionship. It’s not because they want the rest of the world to solve their problems; they understand that nobody has a magic wand. It’s because they want the simple comfort of knowing that they do not walk in isolation when they’re in need.
We don’t want our pain to be minimized.
Because that’s what happens, when we’re told it’s alright. We feel like we’re over reacting, because if everything really is alright — we ask, why are we feeling so much pain, and what is the root and the cause of it, and are we even entitled to our pain?
We want the enormity of our disasters to be recognized by the people around us, so that we know that what we feel isn’t a trick of our hearts and our minds — it’s a reality. And it sucks, and it’s acceptable to feel like it sucks.

Life really does go on.

It does. And sooner or later, no matter what our struggle is, we start to understand that. And sooner or later, things do feel as alright as they ever can, without ever being the same. Life finds a way, in every nightmare, and life keeps on going. But the way we get there is long and hard, and we need other people to be patient and to walk with us, in silence if need be.
I remember in one of the roughest periods of my life, when it felt as though more things were ending than could ever begin again — I was floundering and struggling and I could barely keep my head above water.
My partner, Emily, told me this.
“I’m not going to say it’s alright, because I know it’s not. And it might never be. But I’m always going to be here, whether you like it or not, to make the best of it, even if that’s not much. I promise.”
5 years later, I’m happier than I ever thought possible. I got through things that seemed insurmountable. I got through things by recognizing that they just weren’t alright. And they weren’t okay.
If your startup fails? It’s not alright. But you can get through it.
If your freelance career bombs? It’s not alright. But you can get through it.
If your relationship comes to an end? It’s not alright. But you can get through it.
If your dreams burn out? It’s not alright.
But you can get through it.


July 23, 2015

Thomas Sung
Jill Sung
Vera Sung

Abacus Federal Savings Bank
via: onlinebanking@abacusbank.com

Dear Thomas, Jill & Vera Sung,

As an Asian-American whose grandparents came to this country with nothing, I, and all of my cousins – over 25 of them – are testament to their and our parents' sacrifice for the better good, the big picture … the future. It's difficult to reconcile my family's history and the America of my youth with the America of today. When the events of 2008 occurred I was blindsided, but the history major in me was determined to find answers. Soon, Michael Lewis, Matt Taibbi, Nomi Prins… and Gretchen Morgenson, would broaden my view of what I call “EM08”: the economic meltdown of 2008.

So it was with this background I came upon Abacus Bank's story – I wish I could say that I was surprised, but no less than Meredith Whitney, years ago, predicted the woes for smaller lending institutions. What was so interesting to me was the way in which our legal system is front-loaded as a financial dis-incentive for small businesses.

Isn't it remarkable, what the America of my grandparents has devolved to? The last presidential campaign set a new fund record of over a billion dollars, and the 2016 circus will set yet another; some analysts forecast a new high of $2 billion. No clearer message to everyday, working class Americans (and the world) exists.

Yes, it's entirely fixed on behalf of the wealthy, but what can we do? Be decent. Your fellow New Yorker, Spike Lee, popularized the slogan, “Do the Right Thing,” and it's something my family was steeped in. The storm is coming, and while the practical necessities of protecting ourselves are in play – what finance calls “hedging” – I'm convinced that having principles and a morality based upon decency is at the core. It's like William Holden's Pike Bishop says in The Wild Bunch: If you can't do that, you're like some animal. You're finished. We're all finished.

This is why I am writing to you; KEEP YOUR HEAD UP. I was very proud listening to your story, and for what it's worth, want you to know that the great silent majority of decent Americans are out here. People like my ancestors and you are what this country used to stand for, and it's needed now more than ever. Don't ever let go of that.

Very truly yours,

JP Kaneshida
Los Angeles


8/3/15

Dear JP,

Thank you so much for your below email!  We are very fortunate to have supporters like you and we are proud to share a heritage of immigration, hard work and entrepreneurship with you.     

I am impressed that you have taken the time to understand what caused EM08.  The causes are numerous but the effects were devastating for small banks like ours where the resulting regulation created to stop the harms caused by big banks, ended up choking small community banks.  The ironic result is that we now in an even more dangerous situation than before –  more power concentrated in the monetary system in the hands of few.  

They say “that which does not kill us makes us stronger.”  This is a mantra my family and I have repeated over and over to ourselves these past several years.   Now with the trial over, we are focused on just that – rebuilding our small institution to make it stronger to meet the many challenges that still face us.  We feel that we have no choice but to continue to fight this fight and feel blessed that we have been given this opportunity to do this.

I hope we will be able to meet in person one day.  Until such time, we wish you and your family  peace, good health and success in whatever you do.

Best Regards,

Jill Sung
CEO & President
Abacus Federal Savings Bank

Great Americans: Vera, Jill & Thomas Sung

Tuesday, December 15, 2015

99 Homes: Carver Spells it Out

Andrew Garfileld's Dennis Nash having a while ago shook hands with the devil, has just bought back his family home from Michael Shannon's Nick Carver, who agented the eviction. That's a bit of pat irony, but I understand the license I'll take for the diegesis that follows at about 53:40, where Nash has been working for Carver and working up the nerve to agent his first eviction. All emphasis added.


CARVER: There's evictions today. You can pop your cherry with this one. First one's a bitch but, you catch on to it.. All you gotta do is stand next to me today, but after this you're going to do them on your own.

NASH: Listen Rick, I don't, um… could I uh, could I…



C: Go fuck yourself? Yeah. What'd you think it was gonna mean working for me?

N: Well I just thought that, maybe…

C: NO you didn't. You didn't think you didn’t have the guts to ask me either. Nobody does. Because who in their right mind wouldn't rather put someone in a home than drag 'em out of it?

Up until three years ago I was a regular old real estate agent, puttin' people in homes, speculatin' on property, that was my job. Now in 2006 Robert and Julia Tanner borrowed $30,000 to put an enclosed patio on their home that they had somehow managed to live without for 25 years. Why don't you ask them about that when they're spittin' in your face while you walk 'em t o the curb? Why don't you ask the bank what the hell they were thinking giving these people an adjustable rate mortgage? And then you can go to the government, and ask them why they lifted every regulation and sat there like a retarded step-child. You, Tanner, banks, Washington, every other homeowner and investor, from here to China, turned my life into evictions.



I'm not a, an aristocrat. I wasn't born into this, my Daddy was a roofer, okay? I grew up on construction sites watching him bust his ass until he fell off of a townhouse one day. A lifetime of insurance payments and they dropped him before he could buy a wheelchair, but only after they got him hooked on painkillers. Now, do you think I”m gonna let that happen to me?

Do you think America 2010 gives a flying rat's ass about Carver or Nash? Uh uh.

America doesn't bail out the losers America was built by bailing out winners. By rigging a nation, of the winners, for the winners, by the winners.

You go to church Nash?

N: Sure

C: Only one in a hundred's gonna get on that ark son. And every other poor soul's gonna drown. I'm not gonna drown.



Sunday, June 07, 2015

Susan from LA, to Dick Fuld

Here's an everywoman some seven years after the fall of 2008. Amidst the NYT's Neil Irwin proclaiming just today, that the Jobs Recovery is Going Strong, the real world continues to sputter. With all eyes on Greece and the looniness of the Tsipras rebuff of the latest EU deal as "absurd" -- what's more absurd than Greece calling a creditor deal "absurd"...? -- a most deadly game of chicken is now in play. Anyone remember Cleavon Little in Mel Brooks' classic Blazing Saddles, where Little puts a gun to his own head and threatens to shoot if his opponents don't let him escape?

Then there's Dick Fuld. The reprobate just can't take a page from the von Bulow playbook, can he? No, he's gotta shoot his putrid pie hole off about ... well, who gives a flyin' fuck what he shits, anyway? Evidently, the New York Times does. Why? Well, again, who gives a ... OH NEVERMIND. Here's Susan from LA who wrote a comment.


http://mobile.nytimes.com/2015/05/29/business/dealbook/richard-fuld-breaks-his-silence-since-lehmans-collapse.html


SusanLos Angeles
My family lost a considerable amount of money when Lehman Brothers went under in 2008. As mere stockholders, not only were we at the back of the line, we were so far back, there wasn't even a line to be seen.

To see this guy, prancing around without a care in the world, speaking as if all the water (and blame) means nothing to him and he's carrying on as before, is infuriating.

Why isn't he in prison? Why hasn't he (and others) been required to divest himself (a la the Madoffs) of all his ill-gotten gains to compensate the small investors who lost their savings to this massive fraud?

I don't care that his mother loves him. I find him reprehensible (and I'm someone's mother).

Monday, April 20, 2015

Sputter THIS

[T]he resolution of two cases last week clearly indicates that enforcement actions for conduct leading up to the crisis are pretty much done, with no real finding of liability for violations.

When the fourth estate is so firmly wrapped in the arms of EM08, it's little wonder the biggest crime spree in history was successful. I've written about how the sin of omission is the msm press' main act, but here's one I'd never anticipated: the truth! By coming out and telling us that those entrusted with protecting us are basically done, well, how can we argue with that, right? Let's just move on now, shall we? Like leaving the Lakers game after a loss. There's always tomorrow. Between this nonsense and the statute of limitations, EM08 puts another feather in its cap, and the evil empire can get back to yachting in the south of France.


One bit of important data emerged: Ernst & Young will go stand in the corner for a minute for its role as Lehman's accountant. Since Enron, this has been a topic never broached in either the msm or indies: who were the banks' accountants? GM's?  Chryslers? AIG's? Fannie's?

Once again, the blogosphere beat the press. "Beat the Press" ... has the ring of a show.

Oh, Ernst & Young's fine? $10 mil. It's just more cause for national embarrassment and shame, at least for those of us who can still feel.

NYT's Dealbook

Financial Crisis Cases Sputter to an End

April 20, 2015


Yogi Berra once said that “it ain’t over ‘til it’s over.” Unlike the final out or winning run in a baseball game, determining when cases arising from the 2008 financial crisis will end is a bit harder to discern. But the resolution of two cases last week clearly indicates that enforcement actions for conduct leading up to the crisis are pretty much done, with no real finding of liability for violations.

In one case, the Securities and Exchange Commissionresolved fraud charges against Richard F. Syron, the former chief executive of the mortgage giant Freddie Mac, and two other senior executives related to statements regarding the company’s exposure to subprime mortgages. The case did not even end with the usual settlement in which the defendants neither admitted nor denied liability. Instead, it concludedonly with an acknowledgment “that no party is the prevailing party.”

In the other case, the New York State attorney general, Eric T. Schneiderman, reached a $10 million settlement of accounting fraud charges against Ernst & Young for its role as the auditor for Lehman Brothers, whose collapse in September 2008 in the largest bankruptcy in American history ignited the near meltdown of the financial system. Although Mr. Schneiderman asserted that the resolution showed that auditors can be held accountable for violations, DealBook reported the accounting firm’s statement that “after many years of costly litigation, we are pleased to put this matter behind us, with no findings of wrongdoing by E.Y. or any of its professionals.”

Both cases took direct aim at conduct at the center of the financial crisis, and neither yielded anything close to a finding of actual wrongdoing.
The S.E.C. dropped its investigation into Lehman Brothers in 2012 despite an extensive report by Anton R. Valukas that concluded that management was aware of accounting maneuvers used to make its finances look stronger than they were. No one at the firm ever faced a civil action, much less criminal charges, and the modest payment by Ernst & Young looks more like a nuisance settlement.

In addition to the Freddie Mac defendants, three Fannie Mae executives, including its former chief executive, Daniel H. Mudd, were charged by the S.E.C. in December 2011 with the same type of violations regarding the company’s exposure to subprime loans. These were among the few cases to take aim at the management of a top player in the subprime mortgage market for its role in the financial crisis.

The problem the S.E.C. faced in the Freddie Mac case was that there was no accepted definition of a subprime mortgage, so proving that Mr. Syron and others intentionally made misstatements about the effect of those loans on the company’s portfolio was almost impossible. The case against the Fannie Mae defendants remains outstanding, but it is unlikely the S.E.C. will obtain much more than what it obtained from the Freddie Mac executives, which included total payments of $350,000 that were covered by the company’s insurance policy.

Prosecutors have been successful in using a provision of the Financial Institutions Reform, Recovery and Enforcement Act, better known as Firrea, to pursue civil cases against banks for violations of the mail and wire fraud statutes for misstatements about subprime loans bundled into securities that were sold to investors. JPMorgan Chase, Bank of America and Citigroup all paid multibillion-dollar settlements for Firrea violations. The law carries a 10-year statute of limitations, so cases from the financial crisis remain viable.

In February, Attorney General Eric H. Holder Jr. said in a speech at the National Press Club that he had given federal prosecutors 90 days to decide whether to file charges against executives for misconduct related to mortgage-backed securities. That deadline is fast approaching, and there has been no indication yet that a case will be filed against any individuals.
Banks have been willing to settle with hefty payments, but to date only one individual, a former executive at Countrywide Financial, has been found liable for a violation. Although Firrea remains a potent tool, evidence from the financial crisis is undoubtedly becoming stale because fraud cases, unlike fine wine, do not age well.

DealBook reported last November that prosecutors were considering filing civil charges against Angelo R. Mozilo, Countrywide’s former chief executive, but nothing has materialized. Mr. Holder’s 90-day deadline may push prosecutors to file a few cases against individuals, but the likelihood of any being pursued against a top Wall Street executive looks to be almost nil.

For all the billions of dollars paid in penalties by banks and Wall Street firms, the sense of dissatisfaction with how prosecutors investigated those involved in the financial crisis remains pervasive, especially when companies enter into multiple agreements that allow them to avoid charges for repeated misconduct but no individuals are named. The Justice Department has threatened to “tear up” a deferred or nonprosecution agreement if a company commits additional violations, but whether that will happen remains to be seen.

Even that shift drew a rebuke from Senator Elizabeth Warren, who described it in a speech last week as a “timid step.” For corporate misconduct, she said, “no firm should be allowed to enter into a deferred prosecution or nonprosecution agreement if it is already operating under such an agreement — period.”

With the era of financial crisis cases drawing to a close, the main lesson the Justice Department seems to have taken away is that the focus should be more on individuals who cause corporations to engage in misconduct rather than just the organizations themselves. In a speech last Friday at New York University, the head of the Justice Department’s criminal division, Leslie R. Caldwell, reiterated the point that the primary target will be those inside the company who are responsible for wrongdoing.

Federal prosecutors expect cooperation for corporate misconduct, but self-reporting will no longer be enough to consider a company to be cooperative. “True cooperation, however, requires identifying the individuals actually responsible for the misconduct — be they executives or others — and the provision of all available facts relating to that misconduct,” Ms. Caldwell said.

If anyone still had a notion that companies should be loyal to their employees, the Justice Department is trying to send a message that such feelings should fall by the wayside as prosecutors focus on culpable individuals in organizations. For companies, the dissatisfaction with the lack of signature cases from the financial crisis means increased pressure to cooperate, lest they be made an example of a new “get tough” policy.

Saturday, April 11, 2015

Bureaucrooks Gone Wild, The Taming Episode

The lifestyle that Robert Rizzo enjoyed during his run as Bell city manager included a stable full of thoroughbreds, among them a gelding named Depenserdel'argent — French for "spend money."

And Rizzo had plenty to spend, with an annual compensation package that swelled to $1.5 million in one of Los Angeles County's poorest cities.
--LA Times 

Beyond the trillions hoovered up by psycho bankers and bureaucrooks, there's perhaps the question of EM08: Why has no one gone to jail? 

Well, if "EM08" is used as I define it -- government and corporate psychopaths preying on the underclass -- then ex City of Bell city manager Robert Rizzo and his cohorts sitting on ice is a lesson.

Now, Bell is in the east portion of LA, southeast to be more precise. It's a tiny, about 40k populated city, all brown, blue collar. That these bureaucrook scums, some of whom were brown, speaks to just how seductive money is. When you jack anyone innocent it's bad, but when you jack your own kind, well, speaks for itself. Ask Jews about Bernie Madoff, Muslims about Boko Haram or ISIS, or Koreans about kid slob in Pyongyang.

Critics of the death penalty say that it's not a deterrent, and, in fact, statistically, that's apparently true. But that's for capital crimes. EM08 is in another category. Rather than bore you I think what I'll do is make an index of crimes and players, as extensively as I can, in another post. But that's a big project.

For now, let's be content with the following story below. We can't say for sure whether jailing Rizzo and his shithead cohorts was the catalyst for change, but it sure seems coincidental coming a year after jailing those psychos.

And now, faces of evil:

Asian sellout? NAH! It's love, even if he woulda been bricklaying.
Extra chili on the fries. Oh, and Skittles. Lots an lots a Skittles.
Bureaucrooks as only crazy LA can do, in white and now new LA brown.
Yes, my cell mate was Bubba, and yes, I ate him. I am sahwee.

Public CEO at: publicceo.com/2015/04/city-of-bell-scores-top-grades-for-open-data-access-one-year-after-trials-conclude

City of Bell Scores Top Grades for Open Data Access One Year After Trials Conclude

By Bill Britt.

One year ago this month, former Bell City Manager Robert Rizzo was sentenced to 12 years in prisonfor his role in what became known as The Bell Scandal. Five former elected Bell officials were convicted of corruption for paying themselves salaries of up to $100,000 a year for part-time positions.

In a city where one-quarter of the residents live below the poverty line, their elected officials not only bilked the city out of millions, they left it unable to afford the experienced administrators and staff who are now needed to replace them.

But first, the good news: The City of Bell now boasts one of the more open municipal websites when it comes to accessing data. Not only are city procedures and salaries posted, but Mayor Nestor Enrique Valencia points says the names of the people earning those salaries are listed as well. “Before the scandal was exposed, we didn’t even have a website. For years, if you clicked on it, it was the same online picture of a little girl and boy with the caption, ‘Website under construction.’ Our new Finance Director has since turned things around.”

That would be Josh Betta. He’s so good at his job that, during his tenure as Finance Director for the City of Glendora, he received the Certificate of Achievement, the highest form of recognition for governmental accounting and financial reporting from the Government Finance Officers Association of the United Stated and Canada. He regarded Bell as a city worth saving.

“The idea of having a useful and viable website is simply good business,” said Betta. “The challenge is letting people know it exists. After they find it, the challenge for users is perspective. Sure, you can see our salaries but if you want to know whether a salary or increase is appropriate, you have to find the contract pertaining to that union. It’s also on the website, but you’ve got to do the work. It’s not all laid out for you.”

Which is why Mayor Valencia wants to take the website a step further by at least making that contract easy to find. “Visually,” Valencia says, “I’d like to see a tab where people go right to the specific things they’re looking for, but personally, mindful of those fake bonus rewards that were exposed in the scandal, I want us to post total compensation. Not just salaries but pensions, health care benefits and any potential, legitimate bonuses as well.”

While Betta boasts that the city’s website earned an A-minus grade in 2013 from the Sunshine Review, an organization that evaluates the transparency of government websites, Valencia points out that Bell has replaced one image problem for another: It can’t afford to hire quality administrators and support staff. Valencia says the city’s interim city manager has moved on, and both Financial Director Betta, and the Community Development Director are also leaving.

“Our current city manager did great work,” said Valencia. “Our Finance Director, who was key to this turnaround, is moving on. They’ve done their work and other cities are able to pay them more money. We just don’t have the funds to compete.”

And that fact alone causes the mayor to wonder if Bell can survive as a city. “If you can’t hire the right people and they won’t stay for whatever reason, it questions the sustainability of a city. We need good, dedicated professionals with proven experience. Right now, I’m proud of what we’ve done to turn things around. We’ll continue making data easily available online and other cities should follow as well.”