Federal judge blocks SEC settlement with Citigroup

The New York Times is reporting that federal judge Jed Rakoff has thrown out a proposed settlement between Citigroup and the SEC. The SEC had agreed to $285 million in exchange for no admission of wrongdoing in a complaint about Citigroup defrauding investors in a 2007 residential mortgage backed security. Citigroup had told the investors a third party was picking what assets were securitized, when in fact the firm did it themselves. To make matters worse, Citigroup put bad mortgages into the security and then bet against them without telling their investors of their position. According to the Times, “Investors lost $700 million in the fund, according to the S.E.C., while Citigroup gained about $160 million in profits.” They don’t call them banksters without reason!

Judge Rakoff thought $285 million and no admission of wrongdoing or the facts of the case was not good enough for the SEC and wants them to go back and try again, this time with justice in mind – as opposed to what’s good for Citigroup.

The judge, Jed S. Rakoff of United States District Court in Manhattan, ruled that the S.E.C.’s $285 million settlement, announced last month, is “neither fair, nor reasonable, nor adequate, nor in the public interest” because it does not provide the court with evidence on which to judge the settlement.

The ruling could throw the S.E.C.’s enforcement efforts into chaos, because a majority of the fraud cases and other actions that the agency brings against Wall Street firms are settled out of court, most often with a condition that the defendant does not admit that it violated the law while also promising not to deny it.

It truly is remarkable that the SEC thinks a small sum and no admission of guilt is a sufficient punishment for the banks they oversee. What’s worse, this sort of agreement protects banks like Citigroup from being held accountable by the investors they defrauded. This cuts to the core of Rakoff’s objection.

It will be nice to see Citigroup and their captured regulators at the SEC sweat following Rakoff’s ruling.

Debt & Forgiveness

This summer, Yves Smith at Naked Capitalism opted an interview of social anthropologist David Graeber on the history and evolution of debt in human society. In light of the Occupy Wall Street movement and the expanding debt crisis in Europe, the post is worth revisiting.

First, I highly recommend the entire interview, as it is fascinating to read about the different theories for how debt and money emerged, as well as seeing Graeber offer thoughtful disproofs of common assumptions – namely that barter emerged prior to currency and debt.

But what’s more important in the current moment is the connection between debt, morality, and power. Financial and political elites have made clear in the last three years that their own debts must be wiped out at will, at the expense of the 99%. Graeber responds to a question about the current crisis in Europe:

Well, I think this is a prime example of why existing arrangements are clearly untenable. Obviously the ‘whole debt’ cannot be paid. But even when some French banks offered voluntary write-downs for Greece, the others insisted they would treat it as if it were a default anyway. The UK takes the even weirder position that this is true even of debts the government owes to banks that have been nationalized – that is, technically, that they owe to themselves! If that means that disabled pensioners are no longer able to use public transit or youth centers have to be closed down, well that’s simply the ‘reality of the situation,’ as they put it.

These ‘realities’ are being increasingly revealed to simply be ones of power. Clearly any pretence that markets maintain themselves, that debts always have to be honored, went by the boards in 2008. That’s one of the reasons I think you see the beginnings of a reaction in a remarkably similar form to what we saw during the heyday of the ‘Third World debt crisis’ – what got called, rather weirdly, the ‘anti-globalization movement’. This movement called for genuine democracy and actually tried to practice forms of direct, horizontal democracy. In the face of this there was the insidious alliance between financial elites and global bureaucrats (whether the IMF, World Bank, WTO, now EU, or what-have-you).

When thousands of people begin assembling in squares in Greece and Spain calling for real democracy what they are effectively saying is: “Look, in 2008 you let the cat out of the bag. If money really is just a social construct now, a promise, a set of IOUs and even trillions of debts can be made to vanish if sufficiently powerful players demand it then, if democracy is to mean anything, it means that everyone gets to weigh in on the process of how these promises are made and renegotiated.” I find this extraordinarily hopeful.

This strikes me as exactly what one of the main thrusts of the Occupy movement is about – a desire for debt forgiveness, especially in the face of a system that forgives every bad gamble of financial elites.

Moreover, as we’ve seen recently with Robert Cruickshank’s piece calling for student debt forgiveness and some larger calls for a debt jubilee, there is a growing demand for this to happen. For a long while, those fighting the foreclosure crisis have demanded principle write downs, a moderate form of debt forgiveness that has been strenuously rejected by both political and financial elites. Or, to put it more differently, given the situation of crisis financial and political elites have put the world in, it’s hard to imagine there being a solution on scale to address the depths of the crisis other than jubilee.

This moment of popular anger isn’t going to be solved by a piece of tepid legislation regulating corporate money in politics. This anger isn’t going to be quelled by a financial transaction tax. While a massive infrastructure spending and jobs creation effort in the US could reduce some anger here, it would do little to stop the rage felt by the students and unemployed in Greece, Italy, Spain, and Portugal. Throwing all the banisters in jail would probably help things, at least in so far as restoring a sense of the rule of law, without changing the underlying fundamental problems of our economic system, it’s unlikely that change would be forestalled.

What Occupy Wall Street teaches us is that the scale of the problems we face demand solutions which realistically meet the problem. Occupation is a tactic fit for this crisis. But if we are to begin to answer the complaints of the Occupy movement or Los Indignados or any of the protesters in Greece and beyond, we have to look at how individual people and families have been broken by this elite-centric economy. The problem is debt and solution is forgiveness. The only question will be how long will it take, as Graeber says, for sufficiently powerful people to arrive at this position or for the public to amass enough power to make it happen democratically.

Austerity costs Spanish Socialists power

I hope that Democrats learn from what just happened in Spain. Spain’s ruling Socialist Party – which I presume didn’t rule for eight years because of their conservative policies – was just voted out of power after presiding over cruel austerity measures enacted to appease bond vigilantes and ensure that bankers who lost bets not actually lose any money. To put it differently, the liberal party enacted conservative technocratic policies and were punished for it. Unfortunately, as we have now in the US, the alternative offered by the new power-holders is…more austerity!

David Dayen notes that the reason the EU didn’t step in to oust the ruling Socialist government in Spain was because the other side would deliver what they wanted: A-ha, now I see why the EU didn’t step in. The party out of power favored austerity! And since things are so bad in Spain, with nearly 20% unemployment, the party out of power, just by virtue of not being the party in power, was assured of victory, the EU could just sit back and let nature take its course.

When it’s convenient, the EU actually will let democracy run its course!

Austerity doesn’t work. It’s not politically popular. And presiding over brutal cuts that inflict pain on regular people will lead to political punishment by voters. And yet, this is the pathway the power brokers of the Democratic Party are pursuing.

NV AG indicts LPS & the prospects of the rule of law

Earlier this week Nevada Attorney General Catherine Cortez Masto indicted two mid-level employees of Lender Processing Services (LPS) for 606 counts of robosigning, specifically “directing fraudulent notarization and filing of foreclosure documents.” LPS is a major company hired by banks to process foreclosure documents and has been at the center of the robosigning scandal. LPS would allegedly help banks forge documents that were used to foreclose on homeowners in situations where the banks didn’t have any of the required documentation to prove that they had a right to foreclose.

The two employees under indictment are mid-level people, not CEOs and not people who in themselves represent an indictment of the entire industry response to the failure to properly track mortgage documentation during the securitization process. 600 counts likely represents at most a day of work for two robosigners and this is a crisis that has been going on fore years. At Naked Capitalism, Matt Stoller notes that, “These would be the only charges served involving the housing crisis and its link with the structurally corrupt securitization chain so far.” So even if nothing else comes from these indictments and Masto isn’t able to roll them up on their bosses, this is still an important moment for the rule of law as it relates to private property and the housing crisis. Stoller goes on:

At this point, Masto has gone further than any other official in terms of restoring some sort of social contract. And that’s saying something. Leadership can come from anywhere, especially when the corruption seems to be everywhere. And with California AG Kamala Harris putting immense pressure on Fannie/Freddie on foreclosures, it suggests the tide is turning on this issue somewhat.

Our essential economic problem is that our economy allocates resources through a mediating system of banks that are broken and/or corrupt. If you look at a chart of the recession, and then the recovery, you’ll notice that business investment perked up, but residential investment did not. The Fed lowered rates, bought Treasury bonds, and bought mortgage backed securities to lower rates for homeowners. But it’s not really working, because the monetary channel is corrupt. This indictment gets to that problem, it alleges tens of thousands of forged documents (or as a friend told me sarcastically, an afternoon’s worth of work for LPS). These documents represent foreclosures, economic loss, and clouded title. The indictments handed down, and the ones to come, show that corrupting our property laws and the basis of our economy is a crime.

This is incredibly important, since there just hasn’t been the sort of criminal investigation into robosigning and the way it has corroded the entire system of property ownership. With 11 million foreclosures already and quite possibly as many to come in the next few years, the impacts of robosigning are devastating. When a bank can’t prove they have a right to a particular property and hire a company like LPS to forge documents saying they do, and they are allowed to take someone’s home this way without punishment, there can be no functional expectation that any individual’s property is safe from theft. When the improperly foreclosed home is then eventually sold, that new owner will be taking over a property with unquestionably cloudy title.

Plenty of people have been saying robosigning is a criminal act for a long time now. Nevada AG Masto has now validated those people and confirmed that criminal behavior in connection to the housing crisis will not be tolerated, at least not in Nevada. There’s no reason why Attorneys General in every other state cannot do the same, nor is there a reason why the Department of Justice can’t hold people criminally responsible for illegal behavior during the housing crisis and continuing today.

Against corruption

I actually agree with this:

We need equality under the law. From now on, laws that apply to the private sector must apply to Congress, including whistleblower, conflict-of-interest and insider-trading laws. Trading on nonpublic government information should be illegal both for those who pass on the information and those who trade on it. (This should close the loophole of the blind trusts that aren’t really blind because they’re managed by family members or friends.)

No more sweetheart land deals with campaign contributors. No gifts of IPO shares. No trading of stocks related to committee assignments. No earmarks where the congressman receives a direct benefit. No accepting campaign contributions while Congress is in session. No lobbyists as family members, and no transitioning into a lobbying career after leaving office. No more revolving door, ever.

This call for real reform must transcend political parties. The grass-roots movements of the right and the left should embrace this. The tea party’s mission has always been opposition to waste and crony capitalism, and the Occupy protesters must realize that Washington politicians have been “Occupying Wall Street” long before anyone pitched a tent in Zuccotti Park.

Remarkably, this is coming from Sarah Palin in a Wall Street Journal op-ed.

I do think there’s opportunity for the populist movements of Occupy Wall Street and the Tea Party to come together and oppose government corruption and the two-tiered justice system. Of course in this instance by Tea Party, I mean the grassroots base and not the Koch Brothers or Dick Armey front groups used to support any old Republican.

Of course, Palin’s complaints against government corruption would be much more believable if she hadn’t used her powers as governor to fire or intimidate personal enemies. Or if she and her staff didn’t obstruct FOIA requests by using personal email accounts for state business. Or if she didn’t pay herself to live at home while flying her children around the country on the Alaskan taxpayers’ dime. As an Alaskan taxpayer while Palin was governor, I’m not going to forget her own corruption and her own use of public coffers for personal enrichment. In short, the woman is a hypocrite, but what she’s saying today isn’t wrong, she just has no standing to make the argument against corruption.

N17 Action Updates

Today is the two month anniversary of Occupy Wall Street and there is a national day of action. In New York, the day is broken up into three separate movements at breakfast, lunch and dinner:

7:00am — Shut Down Wall Street
We will gather in Liberty Square at 7:00am, before the ring of the Trading Floor Bell, to prepare to confront Wall Street with the stories of people on the frontlines of economic injustice.

3:00pm — Occupy the Subway
We will gather at 3:00pm at 16 central subway hubs and take our own stories to the trains, using the “People’s Mic”. Details here.

5:00pm — Take the Square, Festival of Lights on Brooklyn Bridge
At 5:00pm thousands will gather at Foley Square in solidarity with laborers demanding jobs to rebuild this country’s infrastructure and economy. They will encircle City Hall and march across the Brooklyn Bridge, carrying thousands of handheld lights, as a festival of lights to celebrate two months of a new movement to reclaim our democracy.

OccupyWallSt.org is hosting both live text updates from New York and multiple live video streams. Already there have been over 100 arrests reported, as well as incidents of the police using LRAD sound weaponry against peaceful protesters. The NYPD also has blocked reporters from accessing or filming arrests. The scale of response from Bloomberg to protect Wall Street bankers is truly astonishing, even for a billionaire.

If you’re not in New York, you can find events near you at November17.org.