Showing posts with label wall street fraud. Show all posts
Showing posts with label wall street fraud. Show all posts

Thursday, February 10, 2011

THE NEXT FINANCIAL MELTDOWN MAY HAVE ALREADY BEGUN ...THANKS TO THESE KLEPTOCRAT BANKSTERS

Getty Images                                Daniel Mudd, CEO Fannie Mae, fired: Sept. 7, 2008
Getty Images                              Richard Syron, CEO Freddie Mac, fired: Sept. 7, 2008






Fannie's Scandalized, Freddie's Dead - And The Next Financial Meltdown May Have Already Started




Here's an idea: Let's give hundreds of billions of dollars in government-backed guarantees to private banks so they can make a fortune writing mortgages without any risk to themselves. Hey, what could go wrong?

The FCIC's recent report illustrated an important lesson from the economic meltdown: Privatization, not big government, ruined Fannie Mae and Freddie Mac. Running a government program like a private corporation leads to the worst excesses of executive self-indulgence. Fannie and Freddie didn't bring down the economy, as some have claimed, but they were destroyed by the same privatize-and-deregulate philosophy that led to the crisis.

Now we're learning that Washington may be preparing to take that destructive philosophy even further. Proposals to "reform" Fannie and Freddie by privatizing them even more aren't just bad, dangerous ideas. Worse, they suggest that we're returning to the blind and mistaken ideologies of the past. If that's true, then it's only a matter of time until the next meltdown comes.

Doomsday

Mark your calendars. This may be remembered as the week our next financial crisis began, the moment when the Greenspan Republicans and Rubin Democrats who ruined the economy the last time around regained control ... and the cycle began all over again. Only two short years after Wall Street's fraud and greed brought down the world's economy, a Beltway think tank is proposing to put taxpayers on the hook for mortgages written and administered by the same corporate miscreants.

And that's the Democratic proposal. The Republicans want to double down on a failed strategy of "privatizing" government mortgage financing, while at the same time cutting back on regulation and oversight. It all boils down to the same thing: bringing back the same sybaritic, taxpayer-backed greedfest that 's already shattered the economy more than once.

Fannie and Freddie are "government-sponsored enterprises," or "GSEs." But ideologues have learned exactly the wrong lesson from the Great Recession. It was the "E" part of these companies, not the "G" part, that caused the problem. The real lesson is that it's a mistake to mix government programs with private-sector-style get-rich-quick incentives. The GSEs failed because they treated their Federal mandate as if it was the key to Fort Knox.

SmokingFinancialGun.com

If the Financial Crisis Inquiry Commission wants to publicize its work more, maybe it should set up a tabloid website like The Smoking Gun, or pitch a TV tell-all scandal show about badly-behaved executives ("VH1: Behind the Mortgage"). Their first episode could feature Daniel Mudd, the former Fannie Mae CEO who bragged that he wrote his own rules with regulators and boasted that "we always won, we took no prisoners." Regulators later concluded that Mudd ran a company with an "arrogant and unethical corporate culture, where Fannie Mae employees manipulated accounting and earnings to trigger bonuses for senior executives."

Mudd ran the company with so much materialistic self-absorption that he might have been starring in an 80's hair-metal video (presumably without Tawny Kitaen on the hood of a Jaguar, but who knows?) His tenure at Fannie was marked by lying, cheating, bullying, and the reckless pursuit of a fast buck. But then, why wouldn't it be? He was compensated like a private-sector executive, but backed by government authority and coddled with taxpayer guarantees. It was all upside, baby, and Mudd liked his upside.

Regulators found that Mudd and his colleagues "manipulated accounting" so that they could keep paying themselves huge bonuses, even as they ran what one observer called "the worst-run financial institution" he had seen in thirty years as a regulator. It worked, too. Mudd made $65 million between 2000 and 2008. (Hmm ... "manipulated accounting" ... is that legal?)

Conservatives should be just as outraged as progressives. Executives like Mudd didn't build their businesses. They didn't even manage them competently. They took a free ride with government backing, yet paid themselves as if they were captains of industry. How did this perverse situation develop?

Freddie's Dead (Fannie, too)

Fannie Mae and Freddie Mac are going to die, at least in their present form, as victims of over-indulgence. But they didn't start that way. Fannie Mae was created in 1938 and functioned smoothly for thirty years, all through the postwar housing boom. It was turned into a separate government-sponsored enterprise in 1968 in order to take its large debts off the Federal balance sheet, and Freddie Mac was created shortly afterward (to create "competition"). They're creatures of privatization, and they were encouraged to bring "free market" aggression to their mission.

And man, did they. As FCIC testimony revealed, "The "Fannie and Freddie political machine resisted any meaningful regulation using highly improper tactics ... OFHEO (their regulatory overseer) was constantly subjected to malicious political attacks and efforts of intimidation."

The companies faced a turning point in 2005, when the greed-addled private market was rushing into subprime mortgages and other high-risk loans. A government-sponsored corporation that was true to its mission wouldn't have followed the lemmings, but privatization fever had taken hold. As a Fannie Mae executive told his colleagues back then: "We face two stark choices: stay the course [or] meet the market where the market is." Ill-advised by architects of calamity like Citibank, they jumped in with both feet despite dire warnings from people inside the organization.

Risk and Reward

Alan Greenspan and Robert Rubin both told the FCIC that better corporate risk management will help prevent the next financial crisis. The Fannie Mae story proves how naive that belief is. Like many financial executives, Mudd's short-term wealth depended on writing more business, whatever the risk. So he humiliated, abused, and ignored Chief Risk Officer Enrico Dallevecchia when Dallevechia warned him of the dangers of writing substandard business. The frustrated Risk Officer finally wrote a memo to Mudd which said that Fannie had "one of the weakest control processes" he had "ever witnessed in his career," and that he was "upset" that he hadn't even known the company was taking on more risk until he saw the announcement. A bellicose Mudd told Dellavecchia to "address it (to him) man to man" and "face to face," rather than by email.

CFO Robert Levin bullied the company's chief analyst in a similar way when he was told that the company wasn't charging enough for its Alt-A mortgages. That's called "buying business," and it should never happen at a government-sponsored enterprise. It means that an enterprise created to complement the private sector is competing with it instead. Mudd and Levin did what many executives would do in a similar situation: They lowered their underwriting standards, wrote a lot of bad mortgages, and walked away as rich men. Mudd now lives comfortably in Connecticut with $80 million in earnings, thanks to the American taxpayer, and is a director for an investment fund (Fortress Investment Group - a name we're providing as a public service to unwary investors).

Meltdown II: The Sequel

Arguments over Fannie and Freddie are usually a proxy for ideological differences about the role of government. Conservatives who blame Fannie and Freddie for the meltdown (which they didn't cause but certainly made worse) want to prove that government intervention in the economy is a bad idea. But this isn't a battle between right and left as much as it is between what works and what doesn't. We've now seen what happens when American-style bankers are given government-backed guarantees and Goldman Sachs-style bonuses. Privatizing to Wall Street is like giving your car keys to a pickpocket.

Nevertheless, Capital Markets Subcommittee Chairman Scott Garrett is holding a hearing today on "reforming" Fannie and Freddie, and his witness list contains four names: someone from an anti-government, anti-regulation think tank that's funded by Citibank, the Koch Brothers, Chase, and American Express, along with a variety of oil refiners and pharmaceutical companies; someone from another anti-government group which has received funding from Bank of America, Lehman Brothers, PriceWaterHouseCoopers, and the California Realtors Association; someone from a conservative think tank funded by Prudential and American Express, among others; and a Democrat ...

... from the Center for American Progress (CAP), the group that wrote the Democratic "privatize Fannie and Freddie" proposal. In other words, the hearings have been stacked in the banks' favor. Meanwhile, the Administration's plan for reforming Fannie and Freddie is overdue, but the Center for American Progress is known to be close to the White House. If that means that its proposal is a preview of Administration thinking, we've got a big problem.

We're told that the White House plan will be released Friday and that it will include three options. One option would have the government withdraw entirely from the mortgage market, but that's likely to be politically infeasible. Neither party wants to explain to voters why they can't get home loans and the price of their house has plummeted. And while specifics weren't provided for the other two, the Wall Street Journal reports that the others would "create a way for the government to backstop part of the secondary mortgage market" like Fannie and Freddie, but gave no specifics.

The Journal also reports that "top administration officials have publicly discussed the merits of a limited but explicit federal guarantee of securities backed by certain types of mortgages," adding: "The housing and banking industries have advanced proposals arguing that such a guarantee is needed to maintain a healthy market, particularly for long-term, fixed-rate loans that remain a keystone of U.S. housing."
The short version: There will be one proposal that's politically impossible, and two others that give banking and real estate lobbyists what they want. Care to bet which one won't make it through Congress?

Yves Smith gave the CAP proposal the once-over, under the heading "Wall Street Co-Opting Nominally Liberal Think Tanks," but our one-sentence summary of their proposal is this: They want to dismantle Fannie and Freddie and let private banks administer their programs backed by by government guarantees. And don't worry, says CAP. Our "chartered mortgage institutions," though "fully private," will have to be "fully transparent" and follow government rules. (They would never, never "manipulate accounting," would they?)

The End

Proposals like CAP's would make Fannie and Freddie's private-sector successors a microcosm for the entire economy under the failed policies of Democrats like Clinton, Rubin, and Summers, as well as Republicans like Greenspan and ... well, all of them. Executives at these financial institutions would be motivated to cook the books and sell bad mortgages while taking advantage of taxpayer guarantees to consolidate their already too-big-to-fail institutions. And they'd be recruited from a Wall Street cohort with a documented record of deception and criminality. All of CAP's lofty and well-stated goals are undermined by the identify of the folks doing the lending. As for the Republicans, they don't even bother stating lofty goals.

The government has to work out a way to unwind itself from the mortgage market. The Administration has a proposal to lower the size of mortgages it will guarantee, and that's a good first step. But the previews of their overall proposals seem uninspired and weak, if not outright capitulation to Wall Street's whims and desires. And even capitulation is too mild for the Republicans, who appear to be setting the stage for fiscal anarchy and plunder.

The problem is much bigger than Fannie and Freddie. This real danger is that this could be a turning point, a return to the failed ways of the past. If we don't see stronger proposals than these in the coming months, this will be remembered as the week that the destructive policies of the Greenspan/Rubin crowd came back from the dead. It will be recalled as the beginning of the end, the moment when the next wave of privatization began and the way was paved for a collapse that may be even greater than the one we're in today.

______________________________________

This post was produced as part of the Curbing Wall Street project. 

Tuesday, May 11, 2010

Has God commanded Goldman Sachs to manipulate the markets on Wall Street?



Was Last Week's Market Crash a
Direct Attack By Financial
Terrorists?

In a market where 70 percent of all trades are executed by computer algorithms via High Frequency Trading, Goldman Sachs has the power to make the market crash or rise at will.

Last week, the U.S. stock market suffered the greatest sudden drop in its history, for reasons that nobody on Wall Street can seem to decipher. But of all the explanations being examined—a tech glitch, Greek debt worries and fraud have all been discussed--the most troubling is not being given sufficient attention.

Coming on the very day that Congress considered two key financial reforms, the timing of the "flash crash" raises concerns that Wall Street is resorting to extreme tactics in its efforts to intimidate politicians who want to rein in the capital markets casino. Thursday's market plunge could have been an act of financial terrorism. Wall Street has both the motive and the means: Goldman Sachs, which is currently under investigation for a very different kind of fraud, has the trading power to make just such a market crash occur, and has much to lose from financial reforms moving through Congress.

On Thursday afternoon, the Dow Jones Industrial Average plummeted 700 points in about 10 minutes. A few hours later, top Democratic negotiators reached a compromise with Sen. Bernie Sanders, I-Vermont, over a plan to audit the Federal Reserve's secret bailout operations. The Fed has pumped nearly $4.3 trillion in bailout funds into the banking system since the onset of the crisis, and we know almost nothing about that money. The "Audit The Fed" amendment would finally tell the public the full extent of Wall Street's bailout operations.

Later Thursday night, Congress voted on—and rejected—an amendment that would have forced the break-up of the six largest U.S. financial behemoths into banks that can fail without wrecking the economy. Goldman Sachs would have been one of those six banks. Meanwhile, riots in Greece and inaction from the European Central Bank raised the possibility of major trouble for our financial titans across the pond.

This amalgamation of events is eerily similar to what took place on Sept. 29, 2008, after the U.S. House of Representatives shot down the Troubled Asset Relief Program. Immediately after the vote, big banks made the market plunge a record 778 points, sparking widespread fear and panic that helped convince Congress to eventually pass the bailout.

Can these conveniently timed market freak-outs be chalked up as a simple, if stunning, response to significant political events? Or is there something more sinister going on?

Right now, there is enough financial firepower concentrated in the hands of a few individuals to move the stock market whichever way these people want it to go. These 10-minute 700 point drops could very well be a precision-guided High Frequency Trading (HFT) attack designed to show Congress who's boss.

In today's stock market, 70 percent of all trades are executed by computer algorithms via High Frequency Trading. And Goldman Sachs completely dominates the HFT business, with a virtual monopoly over trading at the New York Stock Exchange, as Tyler Durden describes for Zero Hedge:

Goldman's dominance of the NYSE's Program Trading platform, where in addition to recent entrant GETCO, it has been to date an explicit monopolist of the so-called Supplementary Liquidity Provider program, a role which affords the company greater liquidity rebates for, well providing liquidity, and generating who knows what other possible front market-looking, flow-prop integration benefits. Yesterday [5/6/10], Goldman's SLP function was non-existent. One wonders -- was the Goldman SLP team in fact liquidity taking, or to put it bluntly, among the main reasons for the market collapse.

Importantly, Durden notes that in April, Goldman executed a huge proportion of trades for its own account—enough to significantly move the market, if it wanted to.

What is notable here is that of the 1.4 billion in principal shares, or shares traded for the firm's own account, Goldman was the top trader by a margin of over 100% compared to the second biggest program trader.

We have long claimed that Goldman is the de facto monopolist of the NYSE's program trading platform. As such, it is certainly the case that Goldman was instrumental in either a) precipitating yesterday's crash or b) not providing the critical liquidity which it is required to do, when the time came. There are no other options.

For further investigation, I turned to Max Keiser, who has written and authored similar Program Trading and HFT computer algorithms.  I asked him if he thought this was an attack, and here is his response:

May 6th was an unequivocal act of domestic financial terrorism in America. A day that will live in infamy. To scare the lawmakers, themselves large owners of the very banks and stocks that they are supposed to be regulating, a financial weapon of mass destruction was put to their head and they acquiesced.

As the inventor of the continuous double-action, market-making technology (VST tech. US pat. no. 5950176) that is referenced 132 times by program trading and HFT patents since 1996, I can tell you that Goldman, JP Morgan and the gang simply pulled the "buys" from their computer trading programs and manufactured a crash. And when the coast was clear, and it was clear the politicians were not going to vote for anything that would break up the "too big to fail" banks; all the "sells" were pulled from the computers and the market roared back.

This is a Manchurian Candidate market where program trading bots start the ball rolling in whatever direction Wall St. wants the market to go -- and then hundreds of thousands of day traders watching Cramer on CNBC jump on the momentum bandwagon and commit the crime for the Wall St. financial terrorists, who then say, "It wasn't us, it was 'the market!'"

On Friday, the day after the "flash crash" and the defeat of the "break up the banks" amendment, Goldman just happened to be meeting with the SEC to work out a settlement in the Abacus fraud case.

These two major market crashes are not the only grounds for suspicion. On January 21 and 22 of 2010, President Barack Obama had a press conference and came out in favor of the Volcker Rule, which would have limited these HFT and "proprietary trading" schemes. At that time, the market dropped 430 points. Soon afterward, the Volcker Rule faded away and Obama has not seriously addressed this reform since then.

We know banks are willing to put the entire global economy at risk in order to pursue their own reckless profits. We also know that bankers at the largest U.S. financial firms are fighting like hell to keep their too-big-to-fail gun pointed at the head of the U.S. economy, and to keep their riskiest and most abusive activities beyond the scope of regulators. Consider what they've already accomplished over the past two years:
  • 50 million Americans are now living in poverty, which is the highest poverty rate in the industrialized world; 
  • 30 million Americans are in need of work;
  • Five million American families foreclosed on, with 15 million expected by 2014;
  • 50 percent of U.S. children will now use a food stamp during childhood;
  • Soaring budget deficits in states across the country and a record high national debt
  • Record-breaking profits and bonuses for themselves.
Motive and means are not enough to prove a case. You have to show that someone actually executed the dirty deed. But right now there is an alarmingly narrow scope of the calls for investigation into the flash crash. The SEC is considering "market manipulation" investigations, while members of Congress want to investigate whether technological malfunctions are to blame. But shouldn't somebody at least be looking into whether the flash crash was not merely fraud perpetrated for profit, but outright political intimidation—an act of economic terrorism? We'll never know if we don't investigate.
Blogger's Note: I inferred almost a year ago that Goldman was manipulating the markets.
Breaking: This just out from the NY Times:
"[F]our giants of American finance managed to make money from trading every single day during the first three months of the year." Good luck? Or playing with totally stacked decks?

Attention individual investors! You can't win.

Sunday, April 18, 2010

Economist and top federal prosecutor during the S&L crisis, William Black, declares Goldman Sachs "rotten to the core"



"Rotten to the Core": Bill Black and Barry Ritholtz React to Goldman Fraud Charges

Posted on Yahoo Finance Tech-Ticker April 16, 2010 by Aaron Task

The SEC's civil suit against Goldman Sachs rocked the market Friday and has potentially major ramifications for the firm as well as the debate in Washington D.C. regarding financial re-regulation.

In the accompanying video, I discuss the news with Barry Ritholtz, CEO of FusionIQ and author of Bailout Nation, and William Black, a top federal prosecutor during the S&L crisis and associate professor of economics and law at the University of Missouri-Kansas City.

Ritholtz and Black agree there is strong evidence of wrongdoing and that it's unlikely this was an isolated incident. Wall Street is "rotten to the core," Black says. "When [Goldman CEO Lloyd] Blankfein said ‘Goldman's doing God's work,' we didn't know that ‘doing God's work' involved blowing up your own customers."

The SEC charged Goldman with misleading its customers by withholding "vital information" about a synthetic collateralized debt obligation (CDO) named Abacus that was intentionally stuffed with the most toxic subprime mortgage-backed securities.

Wall Street is a "sharp-elbowed, bloodthirsty place to work" but "this makes the 'Vampire Squid' nomer look soft and cuddly," Ritholtz quips. "There's been rampant fraud on Wall Street -- all kinds of bad behavior that's gone unpunished."

Goldman vowed to fight the charges, which the firms says are "completely unfounded in law and fact," The New York Times reports.

The suit also names Goldman V.P. Fabrice Tourre who helped create and sell the investment vehicle. "This was deliberate, corporate policy," not the work of a rogue employee, Black says.

Famed hedge fund manager John Paulson, who helped structure the Abacus deal and then shorted it, was not cited in the SEC suit. But it's like "the guy who owns the hurricane insurance on house is helping use crappier lumber to build it. So he made it pretty wobbly and then he bet against it," Ritholtz says.

Adds Ritholtz on Paulson: "He did something that's kind of sleazy. But I don’t see it as technically illegal. He let Goldman do all the illegal stuff.”

That's probably true, Black says, but Paulson “should have seen the disclosures. So if he sees disclosure statements by Goldman Sachs that he knows to be false, and that he’s going to profit from, he has a serious danger of being viewed as a co-conspirator. Now the SEC hasn’t chosen to go that way. The only individual named is small fry. That’s the major question here. Why is the SEC aiming so low in terms of individuals?”

Stay tuned for continuing coverage of this scandal.

Full disclosure: I edited Ritholtz's book and was paid for my contributions.

Thursday, April 01, 2010

The Financial Crisis is Due to Fraud on Wall Street ...Abetted by the SEC's Failure to Enforce Laws Already on the Books!



Fraud on the Street
By Robert Reich, Robert Reich's Blog
30 March 2010


The Securities and Exchange Commission announced Monday it had begun an inquiry into two dozen financial companies to determine whether they followed accounting practices similar to those recently disclosed in an investigation of Lehman Brothers.

Where on earth has the SEC been?

It's now clear Lehman Brothers' balance sheet was bogus before the bank collapsed in 2008, catapulting the Street and the world into the worse financial crisis since 1929. The Lehman bankruptcy examiner's recent report details what just about everyone on the Street has known since the firm imploded - that Lehman defrauded its investors. Even Hank Paulson, in his recent memoir, referred to Lehman's balance sheet as bogus.

In order to look like it could borrow $30 for every dollar of its own money, Lehman shifted liabilities off its books at the end of each quarter. Its CPA, Ernst and Young, approved of this fraud against the advice of its own whistle blower, whom Ernst and Young fired.

Lehman's practices couldn't have been all that different from those of every other big bank on the Street. After all, they were all competing for the same business, and using many of the same techniques. Lehman was just the first to go under, causing a financial run that led George W. to warn "this sucker could go down" unless the federal government came up with hundreds of billions to bail out the others.

In other words, the TARP covered the other bankers' assets and asses.

We now know, for example, Goldman Sachs helped Greece hide its public debt and then placed financial bets that Greece would default, using credit-default swaps to avoid risking its own capital. It's the same tactic Goldman used for (and against) American International Group (AIG): Hide the ball, and then bet against the ball and fob off the risk to investors and taxpayers, using derivatives to remove the risky tactics from the balance sheets. Even today no one knows the fair value of the complex derivatives underlying these and related maneuvers, which is exactly the point.

Congress is now struggling to come up with legislation to stop this from happening again. And the Street is struggling to stop Congress. As of now, the Street's political payoffs seem to be working. Proposed legislation still allows secret derivative trading in foreign-exchange swaps (similar to what Goldman used to help Greece hide its debt) and in transactions between big banks and many of their corporate clients (as with AIG).

But wait. We already have a law designed to stop this sort of fraud. It's called the Sarbanes-Oxley Act of 2002.

Think back to the corporate looting scandals that came to light almost a decade ago when the balance sheets of Enron, WorldCom, and others were shown to be fake, causing their investors to lose their shirts. Nearly every major investment bank played a part in the fraud - not only advising the companies but also urging investors to buy their stocks when the banks' own analysts privately described them as junk.

Sarbanes-Oxley - Sarbox, as it's come to be known - was designed to stop this. It requires CEOs and other senior executives to take personal responsibility for the accuracy and completeness of their companies' financial reports and to set up internal controls to assure the accuracy and completeness of the reports. If they don't, they're subject to fines and criminal penalties.

Sarbox is directly relevant to the off-the-balance-sheet derivative games the Street played and continues to play. No bank CEO can faithfully attest to the accuracy and completeness of its financial reports when derivatives guarantee that the reports are incomplete and deceptive.

So where has the SEC been?

I was on a panel a few weeks ago with a former chair of the Securities and Exchange Commission who was asked why the commission has so far failed to enforce Sarbox against Wall Street. He had no response except to mumble that legislation is meaningless unless adequately enforced. Exactly.

Bottom line: While financial reform is needed, there's no reason to wait for it. Sarbox is already there. And even if financial reform is enacted without loopholes, there's no reason to think it will be enforced if laws already on the books, such as Sarbox, aren't.

(Adapted from my column in The American Prospect.)

Open Article On Originating Site

Robert Reich is Professor of Public Policy at the University of California at Berkeley. He has served in three national administrations, most recently as secretary of labor under President Bill Clinton. He has written twelve books, including "The Work of Nations," "Locked in the Cabinet," and his most recent book, "Supercapitalism." His "Marketplace" commentaries can be found on publicradio.com and iTunes.

Saturday, March 20, 2010

TO ROB A COUNTRY, OWN A BANK

March 19, 2010
To rob a country, own a bank

William Black, author of "Best way to rob a bank is to own one" talks about deliberate fraud on Wall Street, Parts 1 through 5.

More at The Real News

More at The Real News







Bio

William K. Black, associate professor of economics and law at the University of Missouri, Kansas City, teaches White-Collar Crime, Public Finance, Antitrust, Law & Economics. A former financial regulator, he held several senior regulatory positions during the S&L debacle. Black is the author of The Best Way to Rob a Bank Is to Own One (2005) which focuses on the role of “control fraud” in financial crises. Black developed the concept of "control fraud" — frauds in which the CEO or head of state uses the entity as a "weapon." Control frauds cause greater financial losses than all other forms of property crime combined.
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