Showing posts with label trickery. Show all posts
Showing posts with label trickery. Show all posts

Friday, February 05, 2010

You'll Never Reach Ixtlan This Way

It's strange writing my first post that's not related to Ma. I feel lame doing it, but at the same time the world continues to spin. So, Ma, I know you understand; you want your boy to keep going. I am.

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CLICK TO ENLARGE & HOPEFULLY LAUGH
Anyone remember this clusterfuck of shitheads?


THE FALL GUY, OR FIRST OF MANY?

Yesterday former BoA head Ken Lewis was brought up on fraud charges, along with former BoA CFO Joe Price:

According to the lawsuit, former CEO Ken Lewis and former CFO Joe Price hid more than $16 billion worth of losses at Merrill from shareholders in order to ensure their approval of the merger. But after shareholders voted to buy the ailing firm, the bank approached the government to demand an infusion of taxpayer cash. Without bailout funds, they told regulators, BoA would be unable to complete the merger. The government capitulated and funneled $20 billion of TARP money into the bank.
excerpt @ HuffPo.

My prediction; more pr, more showboating - by both sides, Cuomo and Lewis - and then a slap on the wrist. Lewis will sail off into the sunset courtesy of his golden parachute, aka, truckloads of Benjamins, courtesy of you and I. He won't be as rich as Mikey Milken, but he won't be eating Taco Bell. Ever.


THE QUESTION
While I think Lewis - and plenty of others - deserves to be strung up and looted, my bet is this is just more of Uncle Scam's grandstanding. After all, it's kind of hard to take anything "he" does now seriously and without wondering about trickery. As the saying goes, once bitten, and we're bitten all over.

The ONE burning question I have about Lewis is; what really went down when BoA and Merrill were in m&a talks? Related, what were Bernanke's, Paulson's and Geithner's (let alone Summers' and Dodd's and Frank's) opinions and roles?


A BIGGER POINT
My point is that if you really want to get at the heart of fraud and corruption, then you must address the CRAs.

In regards to the mortgage debacle, one thing stands out: the credit rating agencies, such as Standard & Poor's and Moody's. In other words, the analysts, or referees, this time in the form of credit raters. Because while there are barely six AAA rated companies in America such as Microsoft, ADP and GE, many of these way over-leveraged mortgages (some of these "products" leveraged over TWENTY times!) that eventually blew up and caused the house of cards to collapse were being rated AAA.

I've been saying this for quite a while now, and a few, like Michael Lewis, get it. The truth of the matter is that there is too much money passed around; the banks, whose relationship with the CRAs is a clear conflict of interest, are simply way flush with our cash and buying Uncle Scam's silence. What else could it be if a putz like me sees through this obvious trickery...?


THE RECOVERY WILL BE TELEVISED
The following is a blog/post that I completely agree with. No more happy talk, as evidenced in October of last year.


A GOOD VOICE
So, from a blog that tells it like it is, The Economic Collapse Blog, with my "call and response" below.

Economic Black Hole: 20 Reasons Why The U.S. Economy Is Dying And Is Simply Not Going To Recover

Even though the U.S. financial system nearly experienced a total meltdown in late 2008, the truth is that most Americans simply have no idea what is happening to the U.S. economy. Most people seem to think that the nasty little recession that we have just been through is almost over and that we will be experiencing another time of economic growth and prosperity very shortly. But this time around that is not the case. The reality is that we are being sucked into an economic black hole from which the U.S. economy will never fully recover.

The problem is debt. [jp: see point #1, here] Collectively, the U.S. government, the state governments, corporate America and American consumers have accumulated the biggest mountain of debt in the history of the world. Our massive debt binge has financed our tremendous growth and prosperity over the last couple of decades, but now the day of reckoning is here.

And it is going to be painful.

The following are 20 reasons why the U.S. economy is dying and is simply not going to recover....

#1) Do you remember that massive wave of subprime mortgages that defaulted in 2007 and 2008 and caused the biggest financial crisis since the Great Depression? Well, the "second wave" of mortgage defaults in on the way and there is simply no way that we are going to be able to avoid it. A huge mountain of mortgages is going to reset starting in 2010, and once those mortgage payments go up there are once again going to be millons of people who simply cannot pay their mortgages. The chart below reveals just how bad the second wave of adjustable rate mortgages is likely to be over the next several years....
[jp: See point #12 here.]

#2) The Federal Housing Administration has announced plans to increase the amount of up-front cash paid by new borrowers
and to require higher down payments from those with the poorest credit. The Federal Housing Administration currently backs about 30 percent of all new home loans and about 20 percent of all new home refinancing loans. Tighter standards are going to mean that less people will qualify for loans. Less qualifiers means that there will be less buyers for homes. Less buyers means that home prices are going to drop even more.

[jp: Here we go - instead of punishing those who are responsible for pillaging and inflicting this misery on the world, the innocent and defenseless will be punished. Welcome to Bizarro World.]

#3) It is getting really hard to find a job in the United States. A total of 6,130,000 U.S. workers had been unemployed
for 27 weeks or more in December 2009. That was the most ever since the U.S. government started keeping track of this statistic in 1948. In fact, it is more than double the 2,612,000 U.S. workers who were unemployed for a similar length of time in December 2008. The reality is that once Americans lose their jobs they are increasingly finding it difficult to find new ones. Just check out the chart below....


#4) In December, there were also 929,000 "discouraged" workers who are not counted as part of the labor force because they have "given up" looking for work. That is the most since the U.S. government first started keeping track of discouraged workers in 1949. Many Americans have simply given up and are now chronically unemployed.

[jp: As a kid I worked my way through school. With teen unemployment now above 25%, the highest in history, yet another avenue of social climbing has been made more difficult for working class and poor people. Again, the innocent and poor will be punished...]

#5) Some areas of the U.S. are already virtually in a state of depression. The mayor of Detroit estimates that the real unemployment rate in his city is now somewhere around 50 percent.

[jp: Let's be frank; if it's a recession in general then it's a near or actual depression for poor folks, and disproportionately for poor people of color. Like the Katrina disaster, let's at least be honest about how EM08 is playing out along the demographics of race and gender. Then again, as the recently deceased, late great Howard Zinn showed in his seminal A People's History of the United States, when have we ever been honest in this country?]

#6) For decades, our leaders in Washington pushed us towards "a global economy" and told us it would be so good for us. But there is a flip side. Now workers in the U.S. must compete with workers all over the world, and our greedy corporations are free to pursue the cheapest labor available anywhere on the globe. Millions of jobs have already been shipped out of the United States, and Princeton University economist Alan S. Blinder estimates that 22% to 29% of all current U.S. jobs will be offshorable within two decades. The days when blue collar workers could live the American Dream are gone and they are not going to come back.

[jp: Localism is one of the weapons to fight the neo-colonization of the world. Michael Shuman makes a ton of sense to me, along with his org, BALLE.]

#7) During the 2001 recession, the U.S. economy lost 2% of its jobs and it took four years to get them back. This time around the U.S. economy has lost more than 5% of its jobs and there is no sign that the bleeding of jobs is going to stop any time soon.

#8) All of this unemployment is putting severe stress on state unemployment funds. At this point, 25 state unemployment insurance funds have gone broke and the Department of Labor estimates that 15 more state unemployment funds will likely go broke within two years and will need massive loans from the federal government just to keep going.

#9) 37 million Americans now receive food stamps, and the program is expanding at a pace of about 20,000 people a day. The United States of America is very quickly becoming a socialist welfare state.

#10) The number of Americans who are going broke is staggering. 1.41 million Americans filed for personal bankruptcy in 2009 - a 32 percent increase over 2008.

[jp: REMEMBER - The Bush 2 administration's call for re-structuring personal bankruptcy - a very important distinction - that went into effect in 2007 or thereabouts? Notice, corporations can still escape into bankruptcy and leave others holding the bag; look at what the auto companies did to thousands of suppliers recently when they filed. But when it comes down to YOU as an individual, forget it, you're jacked. There were real reasons that was done, most of it lobbying money, and in gambler's parlance, it's called hedging your bet, also insurance. EM08 is proof of the instance where this change in the personal bankruptcy laws are going to have repercussions on the working class.]

#11) For decades, the fact that the U.S. dollar was the reserve currency of the world gave the U.S. financial system an unusual degree of stability. But all of that is changing. Foreign countries are increasingly turning away from the dollar to other currencies. For example, Russia’s central bank announced on Wednesday that it had started buying Canadian dollars in a bid to diversify its foreign exchange reserves.

[jp: Uncle Scam's dollar devaluing isn't helping. The bigger questions though are; 1) What happens when no one wants to buy our bad paper, and 2) when we default on said bad paper? I agree with Peter Schiff; THAT is the Sergeant Pepper's of economic shitstorms that'll make this time look like A Hard Day's Night. And yes, I'm crowbarring in Beatles references. Ya gotta have a lil' bit o' fun when talking doom 'n gloom.]

#12) The recent economic downturn has left some localities totally bankrupt. For instance, Jefferson County, Alabama is on the brink of what would be the largest government bankruptcy in the history of the United States - surpassing the 1994 filing by Southern California's Orange County.

[jp: Shit flows downhill. LA's mayor Antonio Villaraigosa is facing massive record deficits that are engorging historic debt. There are over 30 states now on the brink, led by the world's #6 economy, California. No, that's not a typo. This is one of the elephants in the room that NO ONE - least of all the Governator, is talking about. Our press - what's left of responsible investigative journalism - is a sham and complicit in this regard, only adding to the bad probabilities. See points #7 & 8.]

#13) The U.S. is facing a pension crisis of unprecedented magnitude. Virtually all pension funds in the United States, both private and public, are massively underfunded. With millions of Baby Boomers getting ready to retire, there is simply no way on earth that all of these obligations can be met. Robert Novy-Marx of the University of Chicago and Joshua D. Rauh of Northwestern's Kellogg School of Management recently calculated the collective unfunded pension liability for all 50 U.S. states for Forbes magazine. So what was the total? 3.2 trillion dollars.

[jp: The Boomers, of which I am one, are going to have THE major role in EM08. Between retirement pensions and medical care, I believe this will have the largest economic impact, even beyond the trillions given and made available to the banks. The social costs, of course, will be historic.]

#14) Social Security and Medicare expenses are wildly out of control. Once again, with millions of Baby Boomers now at retirement age there is simply going to be no way to pay all of these retirees what they are owed.

#15) So will the U.S. government come to the rescue? The U.S. has allowed the total federal debt to balloon by 50% since 2006 to $12.3 trillion. The chart below is a bit outdated, but it does show the reckless expansion of U.S. government debt over the past several decades. To get an idea of where we are now, just add at least 3 trillion dollars on to the top of the chart....


#16) So has the U.S. government learned anything from these mistakes? No. In fact, Senate Democrats on Wednesday proposed allowing the federal government to borrow an additional $2 trillion to pay its bills, a record increase that would allow the U.S. national debt to reach approximately $14.3 trillion.

#17) It is going to become even harder for the U.S. government to pay the bills now that tax receipts are falling through the floor. U.S. corporate income tax receipts were down 55% in the year that ended on September 30th, 2009.

[jp: When it gets to the point where the interest on the debt cannot even be serviced, the party's over. Guess where we're at...?]

#18) So where will the U.S. government get the money? From the Federal Reserve of course. The Federal Reserve bought approximately 80 percent of all U.S. Treasury securities issued in 2009. In other words, the U.S. government is now being financed by a massive Ponzi scheme.

[jp: This is a MAJOR point that ALL Americans need to understand. Kudos.]

#19) The reckless expansion of the money supply by the U.S. government and the Federal Reserve is going to end up destroying the U.S. dollar and the value of the remaining collective net worth of all Americans. The more dollars there are, the less each individual dollar is worth. In essence, inflation is like a hidden tax on each dollar that you own. When they flood the economy with money, the value of the money you have in your bank accounts goes down. The chart below shows the growth of the U.S. money supply. Pay particular attention to the very end of the chart which shows what has been happening lately. What do you think this is going to do to the value of the U.S. dollar?....


#20) When a nation practices evil, there is no way that it is going to be blessed in the long run. The truth is that we have become a nation that is dripping with corruption and wickedness from the top to the bottom. Unless this fundamentally changes, not even the most perfect economic policies in the world are going to do us any good. In the end, you always reap what you sow. The day of reckoning for the U.S. economy is here and it is not going to be pleasant.

[jp: Agreed, one hundred percent. But in gambling terms, the probability of those responsible and with the power to turn out all the "wickedness" is a long shot at best. There's simply too much money being thrown around to buy out people. Therefore, one must hedge one's bets in other areas. If you listen to Gerald Celente, about as good a forecaster there is, you better get ready. Or pay the price.]

Monday, December 15, 2008

The Fix

When it rains it pours. By now everyone knows about Madoff's ponzi scheme gone bust, but calling it the biggest theft in history ignores the $700B just handed over on a platter to the banks with no strings attached. In fact, what's tragic is that I heard Chris Dodd himself say that provisions were stipulated for the banks to use the money (in part) for credit. As we all know, that hasn't happened, and the banks instead used and are using the money to go shopping for themselves.

Yup - my bugaboo; further conglomeration.

You think it's bad now that oil, auto, media, and cell phone oligarchs have consolidated, just watch what happens with just a few super banks dominating everything. It's a gambling law: NEVER put all your chips on one bet unless you have "the nuts," the best hand.

Does anyone out there honestly think and can you rationally argue as to how a few super banks is "the nuts," the best possible bet for America...? On the other side of the ledger, that club ("And YOU and me ain't in it," -George Carlin) where the elites sit, they absolutely know what to do: conglomerate!

What's going on is stupefying on a level that would make Marx's and Ayn Rand's heads explode. Well, maybe not Rand's, but you get what I mean.

Long ago, in a financial disaster far, far away, there was a company named Enron who played a game, the game of "now monetize this." And there was a referee, Andersen, to make sure that Enron dotted it's "i's" and crossed its "t's." And there was trickery afoot in Ken Lay's house, and it burned down.

And when the smoke cleared all was revealed - the refs had been in on the fix.

August 31, 2002
Arthur Andersen surrenders its license to practice accounting in the United States. 85,000 people lose their jobs. Nine billion dollars in annual earnings disappears.
(1)

Just like the NBA ref who got caught fixing games, the biggest sports story in the past decade in my opinion. Know how much money transacts on Vegas sports books? Some estimate it dwarfs all other forms of gambling.

Yep, Andersen was the REAL story of the fall of Enron. So what does this have to do with Bernie-Boy Madoff? Well, where in the hell were the refs, that is, the SEC???

Michael Ocrant wrote a story in 2001 for MARHedge, which covers the hedge fund industry, about how some traders, money managers and financial consultants questioned Madoff's record of 72 winning months in a row. "When I spoke to them about something not being right … they were adamant — there's no way this could be real," says Ocrant, now at Institutional Investor. "There's no one in history with that kind of results." [sic] He says Madoff smoothly dismissed the questions when he interviewed him at the time. "You could see why people would trust him, particularly since he'd been running a successful business for years."(2)

That's seven years ago that people in the industry knew. Now, if you're a watchdog, shouldn't you at the very least be reading and keeping up with industry trades? And if nothing else, a winning streak of 72 months long is statistically highly improbable. Realistically speaking, it's impossible.

But here's where American capitalism has taken a cue from show biz, of all things. The glitz, the glamour (think Trump, "Lifestyles of the Rich and Famous") and the talking heads, both high and low. Shit, it even has its own channels such as CNBC and Bloomberg thanks to cable's wild west channel fest. In movies it was Hedda Hopper on through to Rona Barrett to Pauline Kael and Noel Burch. The corollary body in finance are the analysts (and journalists, too). Now consider this:

In 1975, deregulation of brokerage commissions opened up a Pandora’s box of competition for securities analysts. Suddenly discount brokerages abounded and took business from investment banks. As trade commissions declined, brokerage firms had diminished resources to fund analyst services. As a result, stock analysts relied less on brokerage fees for income and more on investment banking fees. They began to be judged more for their investment banking skills than their insights or analysis, and this is how what many regard as a systemic conflict of interest was born.(3)

In regards to the mortgage debacle, one thing stands out: the credit rating agencies, such as Standard & Poor's and Moody's. In other words, the analysts, or referees, this time in the form of credit raters. Because while there are barely six AAA rated companies in America such as Microsoft, ADP and GE, the way over-leveraged financial products containing toxic mortgages (some of these "products" leveraged over TWENTY times!) that eventually blew up and caused the house of cards to collapse were being rated AAA, the top blue chip rating.(4)

Bottom line? The present-day game of American capitalism's rigged and, surprise, it's not in your favor. How do we know? Easy; the refs are in on the fix.

NOTES
1. From the PBS series Independent Lens and their page on Enron: The Smartest Guys in the Room. This is from the sub-section, "Enron Timeline: 2002." Despite Andersen's shredding a ton of Enron related documents when under the gun, the fix appears in yet another incarnation, this time as judges. On May 31, 2005, the U.S. Supreme Court overturns the conviction of the Arthur Andersen accounting firm for obstructing justice by shredding thousands of Enron documents. Andersen’s top Enron accountant withdraws his guilty plea when prosecutors drop their case.

2. Financial world still amazed over Madoff's downfall
By David Lieberman, Pallavi Gogoi, Theresa Howard, Kevin McCoy and Matt Krantz, USA TODAY 12/15/08

3. From the PBS series Independent Lens and their page on Enron: The Smartest Guys in the Room. This is from the sub-section, "How the Stock Market Works."

4. 60 Minutes this past Sunday ran a frightening story on the next wave of mortgages set to default, the ones just above the absolute shit sub-primes that we are now experiencing.

The trouble now is that the insanity didn't end with sub-primes. There were two other kinds of exotic mortgages that became popular, called "Alt-A" and "option ARM." The option ARMs, in particular, lured borrowers in with low initial interest rates - so-called teaser rates - sometimes as low as one percent. But after two, three or five years those rates "reset." They went up. And so did the monthly payment. A mortgage of $800 dollars a month could easily jump to $1,500.

Now the Alt-A and option ARM loans made back in the heyday are starting to reset, causing the mortgage payments to go up and homeowners to default.


A Second Mortgage Disaster On The Horizon?
60 Minutes: New Wave Of Mortgage Rate Adjustments Could Force More Homeowners To Default
December 14, 2008 broadcast

Wednesday, December 10, 2008

The Teflon Dons

Tell me, Mr. Harrigan, how does it feel, getting paid for it? Getting paid to sit back and hire your killings... with the law's arms around you? How does it feel to be so goddamn right?

-Robert Ryan as Deke Thornton in Sam Peckinpah's, The Wild Bunch


It's just crazy how because of the way these devils have completely trashed everything, the fact that we are engaged in TWO wars has completely receded into the background.

I was remarking to a friend how (and I think I just wrote about this, but I reiterate) it's also crazy the way the wipeout of billions in investor capital by the thievery and collusion of Enron, Andersen, Tyco, Worldcom, Global Crossing, Adelphia... is ancient history.

Which is to say that it's just of a piece that the following is going down - in the background - while everyone is distracted by the shithole we're in economically.

Mis-direction. A trickery tool par excellence.

One last note; I was watching Lou Dobbs yesterday, and he had on three talk show hosts - sorry I don't recall their names. The topic was the auto company welfare that's just the latest in the trash heap. The first two expressed outrage and shock, and then the third, a black woman, smiled and said something to the effect that her audience isn't surprised at all.


From Legal Times

Top Bush Officials Unlikely to Face Personal Liability for 9/11 Detentions

Tony Mauro
12-10-2008

The Supreme Court has already shown its skepticism of the Bush administration’s war-on-terror policies through a series of rulings vindicating the rights of Guantánamo detainees and “enemy combatants.”

On Wednesday, another aspect of the administration’s policies drew criticism from at least some justices: the roundup of Arab-Americans and Muslims that the government said had some terrorist connection, in the immediate aftermath of the Sept. 11, 2001, attacks. But the Court seemed unlikely to act on that skepticism and expose top government officials to personal liability for their role in ordering and administering the roundup.

Pakistani citizen Javaid Iqbal, one of 184 “high-interest” suspects taken in, claims the policy was discriminatory and that he was mistreated at the so-called ADMAX housing unit at the federal correction center in Brooklyn, N.Y. In the case now titled Ashcroft v, Iqbal, Iqbal is seeking to hold former Attorney General John Ashcroft and former FBI director Robert Mueller, as well as middle- and lower-ranked prison officials, personally liable for violating his rights. Iqbal filed the suit in May 2004 after being deported to Pakistan.

The issue before the Court was whether Iqbal’s complaint was sufficient to state a claim against Ashcroft and Mueller and to get past summary judgment—thereby exposing the officials to costly and time-consuming discovery.

At the district court and appeals court levels, judges rejected government efforts to dismiss the complaint. The U.S. Court of Appeals for the 2nd Circuit, citing the high court’s sometimes contradictory rulings on what plaintiffs must state at the outset to make a viable complaint, said Iqbal’s allegations, though general, were plausible enough to survive.

As the justices debated the issue, several discussed that issue of plausibility—whether it was even plausible that Ashcroft and Mueller could have been involved in setting policies or actually doing harm to Iqbal.

Solicitor General Gregory Garre, arguing for Ashcroft and Mueller, insisted that Iqbal’s attempt to link top officials to his treatment was not plausible. “Common government experience,” Garre said, would suggest that the attorney general is not involved in “microscopic decisions” such as those at issue in the Iqbal case.

But Justice David Souter disagreed, stating that “the claim . . . that the attorney general or the director of the FBI was establishing a . . . policy that centered on people with the same characteristics as the hijackers does not have that kind of bizarre character to it and, I think, would not run afoul of the plausibility standard.”

Justice Ruth Bader Ginsburg also seemed to doubt Garre, invoking a report by the inspector general of the Justice Department that she suggested “lends some plausibility to Iqbal’s claims.” That 2003 report found that Ashcroft and Mueller were intimately involved in the policies regarding post-9/11 detentions and that most detentions were based on racial and religious characteristics.

Alexander Reinert, representing Iqbal, also cited the report as proof that “from the attorney general’s office there was a direction to make the conditions of confinement as harsh as possible.” Reinert is a lawyer with the New York firm Koob & Magoolaghan.

But Garre insisted the policies were “perfectly lawful” and that the inspector’s report “can’t make up for the deficiencies in the complaint itself.” He argued that under the doctrine of qualified immunity, aimed at protecting officials from being sued for their official acts, Iqbal’s complaint should have been dismissed at the district court level.

Several of the Court’s conservatives seemed sympathetic to Garre’s position. With disdain, Justice Antonin Scalia said at one point, “That’s lovely, that the ability of the attorney general and the director of the FBI to do their jobs without having to litigate personal liability is dependent on the discretionary decision of a single district judge.”

The case has attracted the attention of former and current government officials who fear that if the 2nd Circuit is upheld, they will be exposed to liability in their decision-making that could be harmful, especially in reacting to national security emergencies.

A brief filed by the Washington Legal Foundation on behalf of five former attorneys general said the Iqbal case raises the prospect that top officials will have to face discovery and other proceedings even in frivolous cases. “They are very concerned by the effects that such disruptions are likely to have on the ability of high-level officials to carry out their missions effectively,” the brief states.

Tony Mauro can be contacted at tony.mauro@incisivemedia.com