Showing posts with label Banking. Show all posts
Showing posts with label Banking. Show all posts

Monday, March 2, 2015

‘Justice Deferred [sic]’ And ‘Too Big To Jail’

First, let me offer my thanks to friends/neighbors George and Barbara B-not-Bush, who provided me unasked with their print copy of this month's New York Review of Books. And while I do not know the man face to face (perhaps fortunately, as that is because I have not confronted the federal bench), I have come to have great respect for Jed S. Rakoff, US District Judge for the Southern District of New York, writer for NY Review of occasional reviews of nontechnical legal books, such as the one this post focuses on, Brandon L. Garrett's Too Big to Jail: How Prosecutors Compromise with Corporations.

I don't think I need to explain to any of you why you should care about this matter, but here's the short of it: in the past couple of decades, Justice departments of presidents of both major political parties have worked out agreements with large corporations such that the corporation is not prosecuted and not punished for clearly illegal misdeeds... and the persons responsible, be they board members, upper-level managers, legal teams, professional investment staff, or anyone else employed by these corporations, are not prosecuted or retrained at all. In other words, crimes are committed and noted, slaps on wrists are administered, and the people who committed them are not so much as formally reprimanded, let alone charged. Needless to say, the frequency of such crimes is growing greatly; that's what happens when felonies are simply neglected without any attempt to punish their perpetrators or to repair the faulty corporate procedures that allow them... indeed, encourage them... to be committed.

Judge Rakoff outlines the contents of Mr. Garrett's book much better than I can. Please read the review at the link above.

(Aside: regrettably, HPL seems not to have even one copy of this book, though they have at least one other book by Garrett in their catalog. Too Big to Jail is not even an expensive book on Amazon; I may get one myself.)

Monday, December 15, 2014

Think About This Senator From Massachusetts — Think Long And Hard About What She Could Do

... in an office with a great deal more power.



One thing she could do is make my broker and yours sh!t their pants, and that's no bad thing...

Sunday, December 7, 2014

Ain't We Got Funds?

There's nothing surer:
The rich get rich, and the poor get poorer.
- "Ain't we got fun," 1920, Whiting - Egan and Kahn
(wiki) (lyrics)
Yep, that's right, though some conservative singers rendered it "and the poor get children," which is IMO inhumanely inexcusable. But the canonical version, the one that rhymes properly, is the one that is to the point of this post.

Your bank account goes south
This post is about banks, and banksters, and how they're about to rob us all this time around. You know how they did it last time; they had to be bailed out by the government with our tax money, and then... and then, what? To all appearances, they didn't do a damned thing to correct the problems that got them in trouble in the first place, and they didn't do a damned thing to help people with their home loans; indeed, they... oh, you know, and this graf is getting out of hand.

So they're planning to get into trouble again. Yes, planning: it worked so well last time... for the banks and the banksters. But this time, things will be different. How? psychomax at Kos gives a good summary, citing Ellen Brown at The Web of Debt (the blog, not the book):
...

Since the financial crisis of 2008 central bankers and regulators have been busy drawing up plans for avoiding the next bank melt-down. Here in the US, banks considered by the government Too Big To Fail (TBTF) were bailed out six years ago with our tax money on the arguable rationale that if they were permitted to fail, they would take the entire economy down with them. The crisis led to a loud outcry from taxpayers and many savvy experts. ...

... the big banks, like Bank of America, Wells Fargo, JP Morgan Chase, were not broken up, contrary to the public interest. In fact, they are far larger today than they were in 2008, making the TBTF threat worse than ever.

So what plan have the geniuses come up with that both pacifies taxpayers and still saves the TBTF banks? You will be appalled.  ... Theoretically. deposit accounts are insured by the FDIC for up to $250,000. The wrinkle is that the amount of money in the FDIC insurance fund is approximately $25 billion, while the total of deposits at US commercial banks is approximately $9,300 billion, yes that's $9.3 trillion The failure of just one mega-bank would easily wipe out that fund. Since the FDIC would be unable to keep failing huge banks solvent an alternative is required.

...
(Bolded sentence original. - SB)

So what is this mysterious alternative? It's no wonder they're not loudly broadcasting their plans, as you'll soon see.

The Financial Stability Board (FSB), an unofficial international organization whose recommendations for maintaining banking system stability almost always become law in the G20 nations, has made a recommendation regarding bailouts. Here's psychomax again:

At the G20 meeting last month in Australia, the FSB presented and received approval for their latest plan for conducting the "resolution proceeding", i.e. bankruptcy, for a troubled TBTF bank. Cutting to the chase, the pertinent part for my dear readers is that instead of their tax money going to bail out the banks, it will potentially be their bank deposit money! The FSB recommended that governments make statutory the confiscation of depositors' money (also known as unsecured debt) if the assets of the bank plus all secured debt is insufficient to keep them afloat. This has come to be known as a bail-in.
Jeebus! IOW, if the bank's assets and the secured debt it holds, taken together, are not enough to keep them solvent, they can confiscate the money in your bank accounts to solve their bankruptcy. (NOTE: it is not clear to me that this is the only meaning of bail-in; see FT's lexicon entry on it.)

And indeed, Ellen Brown's current newest post, December 1, is this: New G20 Rules: Cyprus-style Bail-ins to Hit Depositors AND Pensioners. So your pensions could go bye-bye, too.

What gives? Have I misunderstood? If not, why is this not front-page news around the country? or have I simply missed such news?

Monday, April 1, 2013

Holy (Bleep)ing (Bleep)! Could Banks Simply Take Your Deposits?

Read Lawrence E. Rafferty at Jonathan Turley's blog and Ellen Brown at Nation Of Change... but have a change of underwear handy before you read them.

Were you appalled at what happened to the bank depositors in Cyprus? Most of us were; one doesn't expect depositors to have their money confiscated... let's be blunt: stolen... to bail out failing banks. But it could happen in the US and the UK. Ah, you say, but the FDIC will save you? Uh-uh. It's the FDIC that is cooking up plans to raid the depositors' accounts. Your money would be at risk for all the shaky derivatives and such that the bank might have unwisely invested in. How do you like them rotten apples?

As a depositor, you already cede your money to banks in exchange for a promise to repay it to you in cash on request; that's the basic arrangement of ordinary banking. The threat now is to the second part of that. Under the proposed new arrangement, you would still cede your money to a bank, and in exchange receive not a promise to pay, but a sort of equity in the bank. If the bank went belly-up, you would be a "stockholder" in the failed bank, with all the losses... and responsibilities... that holding equity entails. And you would have no choice in the matter: you would have no option to retrieve your money in cash.

My mattress is beginning to look better all the time...

Thursday, December 6, 2012

Three Video Excerpts Of Elizabeth Warren By Michael Moore

Michael Moore has published three segments of his interviews of Elizabeth Warren:
Ms. Warren's election and appointment to the Senate Banking Committee actually give me some hope... a feeling I'm unaccustomed to these days. Watch her; maybe you'll catch some of the hope as well.

Tuesday, December 4, 2012

Sen.-Elect Elizabeth Warren (D-MA)...

Senator-Elect Elizabeth Warren
... don't you love the sound of that? ... is said by several sources to be slated for appointment by Harry Reid to the Senate Banking Committee.

Warren, surely Wall Street's worst nightmare, is one of the most knowledgeable people in Washington about banking and finance, bar none, and is on our side, and to all appearances, not for sale.

If she is indeed seated on that committee, you'd better lay in extra popcorn; there will be plenty of action to watch!

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