Getting Away With It.

“I have been following the absence of legal prosecutions since 2008, and have posted on that subject more than 500 times. But this isn’t the obsession of one lone crank (i.e., me). Many others in banking, law enforcement and government who aren’t on the payroll of banks have reviewed the events of the financial crisis and have reached the same conclusion — that the law was broken repeatedly by bankers.”

In the wake of a ridiculous apologetic in the NYT — and news that the government now wants to waive sanctions for Credit Suisse — Bloomberg’s Barry Ritholtz re-asks one of the central questions of the financial crisis, and Obama’s response to it: Why have no Banksters gone to jail?

“Political access and lobbying go part way toward explaining the absence of prosecutions and, therefore, the lack of convictions…As we have repeatedly shown, Treasury Department officials, including former Treasury Secretary Timothy Geithner, had convinced prosecutors in the Justice Department of the dangers of prosecuting banks and bankers for the economy.” (Cartoon above via here.)

Too Big to Countenance.

“Today, the nation’s four largest banks — JPMorgan Chase, Bank of America, Citigroup and Wells Fargo — are nearly $2 trillion larger than they were before the crisis, with a greater market share than ever. And the federal help continues — not as direct bailouts, but in the form of an implicit government guarantee. The market knows that the government won’t allow these institutions to fail. It’s the ultimate insurance policy — one with no coverage limits or premiums.”

Joining ranks across the partisan divide, Senators Sherrod Brown and David Vitter introduce legislation aimed at ending Too Big To Fail: “The senators want the major banks to increase their own tangible equity so that shareholders, and not just taxpayers, take responsibility for their risky actions. They want the banks to have greater liquidity by holding more assets they can immediately turn into cash in a financial crisis. They say they want to keep Wall Street banks that enjoy government backing from gaming the financial system with credit derivatives and other risk-inflated schemes, which even JP Morgan Chase’s own employees failed to catch until too late.”

Naturally, the banks will be fighting this with everything they have, and Goliath usually wins these fights in Washington. They’re already leaning on one of their favorite Senators, Chuck Schumer, to block Brown from ascending to Chair of the Senate Banking Committee. Nonetheless, the progressive-conservative alliance here suggests, at the very least, a new wrinkle in the game.

In related news, companies are also wheeling out the Big Guns to threaten the Securities and Exchange Commission over potential new corporate disclosure rules for political spending — namely, making businesses disclose their campaign donations to their shareholders. Seems innocuous enough, but of course, “[t]he trade associations lining up in opposition to the rule amount to a roll call of the most politically influential — and highly regulated — industries in the country.”

Warren vs the Banksters.

“People may have outrage fatigue about Wall Street, and more stories about billionaire greedheads getting away with more stealing often cease to amaze. But the HSBC case went miles beyond the usual paper-pushing, keypad-punching sort-of crime, committed by geeks in ties, normally associated with Wall Street. In this case, the bank literally got away with murder – well, aiding and abetting it, anyway.”

In Rolling Stone, Matt Taibbi explains how and why the Justice Department refused to prosecute HSBC for sundry violations of the law. In short, they were Too Big to Jail. “An arrestable class and an unarrestable class. We always suspected it, now it’s admitted. So what do we do?”

In related news, Wall Street bankers throw one of their customary hissyfits over a gaggle of fully complicit, bought-and-paid-for regulators finally being asked a hard question or two by the Senate Banking Committee — thanks to its and our new champion, Senator Elizabeth Warren. “The anonymous banker followed up [with Politico, naturally]: ‘Elizabeth Warren and Ted Cruz are dueling for the title of ‘most extreme fringe freshman senator.”

Anonymous Banker, let me choose my words carefully: Go fuck yourself. If this administration’s promises of change-we-can-believe-in were worth a dime, you and so many others would be doing hard time right about now.

The Clown has a Point.

Hey all. Apologies yet again for the lack of updates around here. As I said a couple of times last year, I’m still figuring out where the old Ghost fits in the scheme of life these days. There’s a negative feedback loop happening where I don’t post at GitM that often, so fewer people swing by here, so there are no comments or feedback on the posts that I do spend some time on, which makes me even less inclined to post, so thus even fewer people swing by here…you get the point.

I was thinking of starting up the movie reviews around here again for 2013, but having just spent a looong time on another giant project that few if any will ever peruse, I’m not really seeing the point of dedicating myself to spending even more hours of my day writing long-winded reviews that nobody ever reads. It’s just a lot of work with very little gain. I’ve been writing this blog for over 13 years and the reviews for over ten — If either were ever going to gain an audience, they would have done so by now.

As for politics…eh. On the domestic front, all reasonable and common-sense attempts at achieving forward progress have been stymied for years now, mainly because of bipartisan infatuation with a totally fake problem. Sure, Obama (finally) talked a good game last night about climate change, voting rights, infrastructure, equal pay, housing, the minimum wage — things we expected from a progressive president four years ago, and that would undeniably make a profound difference for a lot of American families. But this is year five of this presidency — We know the score by now. When push comes to shove, he’ll be promoting Simpson-Bowles nonsense, extolling the Grand Bargain again, and advocating a chained CPI, all because, presumably, those evil, evil Republicans made him. Good cop, bad cop.

Over on foreign policy, our Hope-and-Change president has accorded himself the power to kill anyone he so desires by executive fiat. And the response? Ostensible progressives back this ridiculous play, and a full 83% of America is totally cool with Death from Above without due process. Awesome.

Speaking of due process, it is flat-out-ridiculous that we live in a world where Aaron Swartz was hounded to suicide by a DoJ-enabled Javert for freeing up JSTOR articles, of all things, and Bradley Manning is kept in a tiny box as Public Enemy #1 for exposing bad behavior by the military. And yet, our national torture experiment has still gone unpunished (because, hey, it worked!), and not a single bankster of note has been prosecuted, despite the massive levels of fraud that have been exposed and that brought the American economy to its knees. To the contrary, the president can’t stop asking self-serving and patently corrupt assholes like Jamie Dimon and Lloyd Blankfein how we can better structure our public policy to cater to their whims.

Admittedly, I partake in it myself semi-often, but I’m just tired of a Twitter-driven political-journalism culture that seems to think that the lulz of Marco Rubio being really thirsty is a more pressing issue to cover than the myriad holes in his obviously stupid, self-serving, and faith-based ideas. Or that Jack Lew having a funny signature is a more vital point to discuss about the probable next Treasury Secretary than whatever the hell he was doing at Citigroup when the goddamned house was burning down.

I hate on the hipster Twitter kids, but establishment journalism is even worse. We live in a world where the totally inane Politico rules the roost and “wins the day”. Where our papers of record will keep warrantless wiretaps and drone bases quiet for years because the powers-that-be asked them to. Where idiot right-leaning “centrists” like David Brooks, David Gergen, Gloria Borger, and Cokie Roberts are queried for their inane views constantly, even though they don’t know anything and have never done anything with their lives but constantly mouth Beltway platitudes as if they were Holy Scripture. Where “journalists” like Chuck Todd, John King, and Jake Tapper — the latter of whom, let’s remember, made it big by kissing-and-telling on his Big Date with Monica Lewinsky — are taken seriously because they tsk-tsk about deficits like Serious People™ and passively nod along whenever obvious liars are lying. This isn’t journalism. It’s Court Stenography, Versailles-on-the-Potomac.

Ain’t no use jiving. Ain’t no use joking. Everything is broken. So, no, I don’t feel particularly inclined to talk about politics these days either, because there’s only so many times you can bellow in rage about it all, especially when nobody swings by this little corner of the Internet anyway. I’m not officially quitting GitM or anything, but let’s be honest. I’m not really what sure when, if ever, it’ll get its groove back. I’m not sure I see the point. And besides, as Richard said, a withdrawal in disgust is not the same as apathy.

There’s Money in the Memory Hole.

“The contrast in fortunes between those on top of the economic heap and those buried in the rubble couldn’t be starker. The 10 biggest banks now control more than three-quarters of the country’s banking assets. Profits have bounced back, while compensation at publicly traded Wall Street firms hit a record $135 billion in 2010. Meanwhile, more than 24 million Americans are out of work or can’t find full-time work, and nearly $9 trillion in household wealth has vanished. There seems to be no correlation between who drove the crisis and who is paying the price.“

As Bank of America pays a pittance to other banks for its malfeasance, former chair of the Financial Crisis Inquiry Commission Phil Angelides looks into how the winners are now rewriting the history of the 2008 financial collapse. “So, how do you revise the historical narrative when the evidence of what led to economic catastrophe is so overwhelming and the events at issue so recent? You and your political allies just do it. And you bet on the old axiom that a lie is halfway around the world before the truth can tie its shoes.” Attorney General Schneiderman, our nation turns its lowly eyes to you.

A Reckoning At Last?

“The audits conclude that the banks effectively cheated taxpayers by presenting the Federal Housing Administration with false claims: They filed for federal reimbursement on foreclosed homes that sold for less than the outstanding loan balance using defective and faulty documents. Two of the firms, including Bank of America, refused to cooperate with the investigations, according to the sources.“

As the alleged perps try to get off by paying the (to-them) meager sum of $5 billion, a confidential audit conducted by HUD finds (surprise, surprise) compelling evidence of rampant foreclosure fraud at the big banks. “The audits accuse the five major lenders of violating the False Claims Act, a Civil War-era law crafted as a weapon against firms that swindle the government…The audit on Bank of America finds that the company — the nation’s largest handler of home loans — failed to correct faulty foreclosure practices even after imposing a moratorium that lifted last October.“

And, in very related news, someone has finally stepped up to the plate with regards to the roots of the financial crisis: New York Attorney General Eric Schneiderman has announced he’s officially going to look into the Street’s role in precipitating the meltdown. “The inquiry appears to be quite broad, with the attorney general’s requests for information covering many aspects of the banks’ loan pooling operations.” Godspeed, Mr. Schneiderman.

The Wheedle and the Damage Done.

“The Fed accepted a total of $1.31 trillion in junk-rated collateral between Sept. 15, 2008 and May 12, 2009 through the Primary Dealer Credit Facility. TARP was nothing compared to this.” (Also, $500 billion of that junk was rated CCC or below, which — given the rampant grade inflation going on at all the rating agencies — means it was really garbage.)

So, yeah, Wikileaks isn’t the only document dump in town this week. As mandated by the Dodd-Frank Act (after much pushing from below), the Federal Reserve today released information about some of its dealings from December 2007 to July 2010. And, while folks are just now delving into the intel, it already seems that some of the bodies buried during the financial crisis are now floating to the surface: “A quick analysis…indicates that Citigroup was the greatest beneficiary, drawing on a total of $1.8 trillion in loans, followed by Merrill Lynch, which used $1.5 trillion; Morgan Stanley, which drew $1.4 trillion; and Bear Stearns, which used $960 billion.“

In very related news, former Alan Grayson staffer (and a Hill friend of mine) Matthew Stoller lays out a compelling case for a harder stance against the Fed from the Left from now on. Some brief excerpts:

“It is good that this debate is happening. It means that we will be able to examine the real power structure of the American order, rather than the minor food fights allowable in our current political system. This will bring deep disagreements, profound ones, but also remarkable possibility. Modern American industrial policy is to push capital into housing, move manufacturing abroad, build a massive defense establishment, and maintain an oligarchic financial sector. This system isn’t a structural inevitability. People built it, and people are unbuilding it…

Like most American institutions, the Fed has shrouded itself in myth, with self-serving officials discussing the immaculate design of the central bank as untouchable, secretive, an autocratic and technocratic adult in the world of democratic children. But the Fed, and specifically the people who run it, are responsible for declining wages, for de-industrialization, for bubbles, and for the systemic corruption of American capital markets.”

Also on this topic, it comes out today that Bank of America was given a break by the SEC on a securities fraud settlement “‘because of the nation’s perilous economic situation at the time’ and the fact that it had received billions of dollars in taxpayer aid, according to the report by the SEC’s inspector general…Specifically, during settlement negotiations, Bank of America won relief from sanctions that could have hurt its investment banking business.“

To tie this back to the top, according to Bloomberg’s Lizzie O’Leary, who’s also been parsing the new Fed data, “52% of the collateral Bank of America pledged to the #Fed’s PDCF was rated Ba/BB or lower, or didn’t have available ratings.” (And, let’s keep in mind, PDCF was only one of several emergency programs.)

So, in other words, the government kept banks like BoA alive by buying up trillions in toxic assets and looking askance at their illegal activity. They repaid us with record bonuses for themselves and an epidemic of foreclosure fraud — the “getaway car for the financial crisis,” as a friend well put it — that’s screwing over millions of American families. And in terms of fixing bad behavior on the Street, nothing changed whatsoever. Boy, that’s some deal.

Crime of the Century.

A tale of two financial crimes: After the Savings and Loan Crisis of the late 80’s and early 90’s — a clear consequence of Reagan-era deregulation, by the way — had run its course, 1852 S&L officials were prosecuted, and 1072 of them ended up behind bars, as did over 2500 bankers for S&L-related crimes. But, when a similarly-deregulated Wall Street plunged the US economy into a much steeper recession two decades later…nobody (with the notable exception of Bernie Madoff) went to jail — In fact, it was barely even admitted by the powers-that-be that serious crimes had even occurred at all. So what happened?

That is the stark question driving Charles Ferguson’s well-laid-out prosecutorial brief Inside Job, which works to explain exactly how we ended up in the most calamitous economic straits since the 1930s. If you’ve been keeping up on current events at all, even if by comic books, stick figures, or Oliver Stone flicks, then you won’t be surprised by the frustrating tale Inside Job has to tell. But unlke the more inchoate and disorganized Casino Jack and the United States of Money earlier this year, which ultimately let its subject wriggle off the hook, Inside Job tells its sad, sordid story clearly, concisely, and well.

The central through-line of the financial crisis by now is well-known. Basically, Wall Steet banksters — relying heavily on “market innovations” (i.e. unregulated toys) like securitization, collaterized debt obligations (CDOs) and credit default swaps — spent the first decade of the 21st century engaged in a trillion-dollar orgy of avarice, criminality, and fraud. And, a few prominent casualties like Lehman Brothers and Bear Stearns aside, the perpetrators of these financial misdeeds mostly walked away unscathed from the economic devastation they wrought. In fact, they’re doing better than ever.

Said banksters got away with this from start to finish mainly becauset they could, thanks to thirty years of deregulation and an absolute bipartisan chokehold on the political process. So, when the bill came due in 2008, these masters of the free market just got the Fed to socialize their losses, thus handing the damage over to the American taxpayer by way of Secretary of the Treasury Hank Paulson (former Chairman and CEO of Goldman Sachs) and his successor, Tim Geithner (no stranger to Wall Street himself.)

As I said recently, my thoughts on the relative necessity of TARP have shifted a good deal since 2008, but, surprisingly, Ferguson doesn’t really get into that debate here. Inside Job is more broad in its focus: It aims instead to show how Wall Street has systematically corrupted both our political process and our economics departments over the course of decades, and nobody is safe from its wrath. Sure, it was probably a tremendously bad idea to let an Ayn Rand acolyte like Alan Greenspan call the shots for the American economy for so long, but he’s just the tip of the iceberg. There are other fish to fry.

After all, it is President Clinton and his financial lieutenants, Robert Rubin and Larry Summers, who preside over the death of Glass-Steagall, the original sin that precipitates all the later shenanigans. It is also they who work to keep prescient regulators like Brooksley Born from sounding the alarm. And, after the house of cards has collapsed in 2008, and President Obama steps up to the plate promising “change we can believe in,” who does he pull out of the bullpen to lead us but…the irrepressibly porcine Larry Summers and Tim Geithner, the Chair of the New York Fed? Meet the new boss, same as the old boss. (But remember, folks, Obama is really an anti-business socialist.)

What goes for the US government goes for the academy as well. As Ferguson shows, Milton Friedman aficionadoes and Reagan/Bush policy guys like Marty Feldstein of Harvard and Glenn Hubbard of Columbia, who now find themselves atop prestigious Ivy League economics departments, are all too happy to give an academic imprimatur to bad bankster behavior, as long as they see a piece of the cut. (Nobody gets it worse than Columbia prof and former Fed governor Frederic Mishkin, who appears here to have walked into a battle of wits completely unarmed.)

In the meantime, Ferguson fleshes out the documentary with related vignettes on the financial crisis and those who brought us low — some work, some don’t. The movie begins with the cautionary tale of Iceland, about as pure a real-time case study into the abysmal failures of deregulation as you can ask for. (If that doesn’t do ya, try Ireland.) But the film ends as badly as it starts well, with an overheated monologue about the way forward, cut to swelling music and images of the Statue of Liberty — a cliche that serves to dissipate much of the pent-up anger of the last 90 minutes. (Perhaps Inside Job should’ve used the lightning strike.)

What’s more, at times Ferguson seems to try too hard to frame guilty men, and never more so than when he has a former psychiatrist-to-the-bankster-stars opine about cocaine abuse and prostitution all over the Street. Sure, it’s unsavory, and I see the ultimate point here — that these petty crimes could’ve been used to flip the lower-level traders if anyone had had tried to bring a RICO case against these jokers. But this sort of bad behavior, however frat-tastically douchey, is extraneous to the real crime at hand, and it seems really out of place when you’re using fallen crusader Elliot Spitzer as a witness for the prosecution.)

Still, overall, Inside Job is a very solid documentary that manages to capture its elusive quarry, and in a better world it would result in more serious consequences for the banksters who put us in this mess. Make no mistake — this is a crime story. As Massachusetts rep Michael Capuano observes in the trailer, and as Woody Guthrie put it many moons ago, “some rob you with a six-gun, and some with a fountain pen.” Thing is, when Pretty Boy Floyd or John Dillinger robbed banks back in the day, they got shot. When the banks rob you…well, that’s apparently another thing entirely.

Twisted (Sadly True) Tales.

“A shame the Lemur Brothers had to be sacrificed.” “Yes, the Invisible Hand works in mysterious ways.” By way of Mother Jones, Erich Origen and Gan Golan explain the financial crisis in comic book form. (The full Adventures of Unemployed Man are available here.)

Spitting on a Gift Horse.

“They’re not accustomed to being engaged in politics this way,” says a private-equity investor. ‘Their skin isn’t toughened. They actually take [the attacks by Obama] personally. This is a profession with a lot of smart people, but who aren’t necessarily terribly introspective. They think they actually deserve to make all this money. So any attack on their livelihood is, ahem, unpleasant.’“

In the wake of the Senate’s 59-39 passage of financial reform last week (not to mention increasing evidence of rampant and pervasive fraud at Goldman, Morgan, and elsewhere), New York‘s John Heilemann surveys the bruised egos of Wall Street’s would-be robber barons. (In very related news, Paul Krugman and the WP note that Wall Street is now betting heavily on the GOP again.)

Keep in mind: Wall Street is angry with the administration despite the fact that “Geithner’s team spent much of its time during the debate over the Senate bill helping…kill off or modify amendments being offered by more-progressive Democrats.” [Change we can believe in!] Heilemann writes: “Whatever the effects of the bill, among them will be neither an end to the too-big-too-fail doctrine nor any curb on what the sharpest Wall Streeters see as the central threat to the system’s stability: excessive financial leverage. Geithner, Summers, and Obama had little interest in tackling those matters, not because they are indentured servants to Wall Street but because at heart they are all technocrats who believe the system doesn’t need to be rebooted or downsized, merely better supervised.“

Still, on the bright side and despite the ambivalence (or open opposition) from folks in high places, this bill did get significantly stronger on the Senate floor, and in some ways is now stronger than the House version passed last year. Let’s hope this welcome progressive trend continues in conference.