Why Isn’t Wall Street in Jail?

Matt Taibbi, Rolling Stone

Over drinks at a bar on a dreary, snowy night in Washington this past month, a former Senate investigator laughed as he polished off his beer.

“Everything’s fucked up, and nobody goes to jail,” he said. “That’s your whole story right there. Hell, you don’t even have to write the rest of it. Just write that.”

I put down my notebook. “Just that?”

“That’s right,” he said, signaling to the waitress for the check. “Everything’s fucked up, and nobody goes to jail. You can end the piece right there.”

Nobody goes to jail. This is the mantra of the financial-crisis era, one that saw virtually every major bank and financial company on Wall Street embroiled in obscene criminal scandals that impoverished millions and collectively destroyed hundreds of billions, in fact, trillions of dollars of the world’s wealth — and nobody went to jail. Nobody, that is, except Bernie Madoff, a flamboyant and pathological celebrity con artist, whose victims happened to be other rich and famous people.

This article appears in the March 3, 2011 issue of Rolling Stone. The issue is available now on newsstands and will appear in the online archive February 18.

The rest of them, all of them, got off. Not a single executive who ran the companies that cooked up and cashed in on the phony financial boom — an industrywide scam that involved the mass sale of mismarked, fraudulent mortgage-backed securities — has ever been convicted. Their names by now are familiar to even the most casual Middle American news consumer: companies like AIG, Goldman Sachs, Lehman Brothers, JP Morgan Chase, Bank of America and Morgan Stanley. Most of these firms were directly involved in elaborate fraud and theft. Lehman Brothers hid billions in loans from its investors. Bank of America lied about billions in bonuses. Goldman Sachs failed to tell clients how it put together the born-to-lose toxic mortgage deals it was selling. What’s more, many of these companies had corporate chieftains whose actions cost investors billions — from AIG derivatives chief Joe Cassano, who assured investors they would not lose even “one dollar” just months before his unit imploded, to the $263 million in compensation that former Lehman chief Dick “The Gorilla” Fuld conveniently failed to disclose. Yet not one of them has faced time behind bars.

Invasion of the Home Snatchers

Instead, federal regulators and prosecutors have let the banks and finance companies that tried to burn the world economy to the ground get off with carefully orchestrated settlements — whitewash jobs that involve the firms paying pathetically small fines without even being required to admit wrongdoing. To add insult to injury, the people who actually committed the crimes almost never pay the fines themselves; banks caught defrauding their shareholders often use shareholder money to foot the tab of justice. “If the allegations in these settlements are true,” says Jed Rakoff, a federal judge in the Southern District of New York, “it’s management buying its way off cheap, from the pockets of their victims.”

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Explaining the Crisis With Dogma

Joe Nocera, NY Times

I’m talking about that odd 13-page “report” issued on Wednesday by the four Republican members of theFinancial Crisis Inquiry Commission. The F.C.I.C., of course, is the 10-member, supposedly bipartisan panel that was created by Congress last year and charged with examining the root causes of the financial crisis.

After a year and a half of hearings, including questioning over 800 witnesses, reviewing millions of pages of documents, and spending some $6 million in taxpayers’ money, its final report is due to be delivered in a month.

Except that in Washington these days, there is no such thing as bipartisan. On every major issue facing the country, Democrats and Republicans have competing narratives. Why should anyone expect anything different when it comes to the origins of the financial crisis?

Although commission members had long made a show of trying to work collaboratively, there was always a fair amount of underlying tension. Some of that tension had to do with the internal dynamics of the commission — the general sense of chaos, for instance, and the supposedly autocratic style of its Democratic chairman, Phil Angelides.

But more recently, it has had to do with the growing tug of war between the commissioners over which financial crisis narrative would win out. The Republican minority, fearing their view would get short shrift, pre-emptively put forward a CliffsNotes version of their theory of the case. In other words, they responded to a report that hasn’t even yet been written, much less read and voted on by the members.

Is there such a word as “presponse?” Perhaps we should coin it to describe what took place this week at the F.C.I.C.

It would all be pretty laughable if it didn’t have serious consequences. But it does. First, with the commission’s Republican members having now issued this public, partisan smoke signal, the final product, no matter how rigorous, will be inevitably dismissed as a Democratic document. As a result, it will have little impact and, once Bill O’Reilly has finished mocking it, will be consigned to the dustbin of history. By creating this partisan rift, the Republicans have succeeded in tarring the entire enterprise.

That is a genuine shame. When the commission was formed last year, there were high hopes that it could act as a modern-day Pecora investigation — which rooted out Wall Street corruption in the wake of the crash of 1929, and helped create the political groundswell for such key reforms as the Glass-Steagall Act. That investigation was led by Ferdinand Pecora, who held the country spellbound through some two years of nonstop investigations. Clearly, this effort isn’t going to come close to that one.

“I think we can officially stop comparing these guys to the Pecora Committee,” said Michael Perino, author of an engaging recent book about Pecora, “The Hellhound of Wall Street.” Mr. Perino added, “It is disparaging to Pecora.”

The second consequence is even more important. Next year, the House of Representatives will be in Republican hands. High on the agenda for the new majority is its own version of financial reform. The Republicans hope to minimize the impact of the Dodd-Frank bill while at the same attacking — and fixing — what they see as the “true” culprit of the financial crisis.

To fix a problem, though, it helps to know what the problem is. The F.C.I.C., with all those witnesses and documents, could have really helped here. But the paper released by the commission’s Republicans this week reads as if they couldn’t be bothered. It simply reiterates longstanding Republican dogma that could have been written without a $6 million investigation. None of which bodes particularly well for the next two years of “financial reform.”

The problem the Republicans want to fix is the two government-sponsored entities, Fannie Mae and Freddie Mac. Without question, Fannie and Freddie need fixing. A week beforeLehman Brothers collapsed in September 2008, both entities were so troubled that they had to be taken over by the federal government. Since then, the G.S.E.’s, as they’re called in Washington, have cost the taxpayer around $150 billion in losses, far more than, say, the American International Group.

They have also, though, served a critical purpose. With the private mortgage market essentially broken, virtually every mortgage made in America, postcrisis, has required a guarantee from Fannie, Freddie or the Federal Housing Administration. With the banks unwilling to make mortgage loans on their own, you simply cannot buy a house in America today without Fannie and Freddie’s help.

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Goldman admits it had bigger role in AIG deals

Greg Gordon, McClatchy Newspapers

Reversing its oft-repeated position that it was acting only on behalf of its clients in its exotic dealings with the American International Group, Goldman Sachs now says that it also used its own money to make secret wagers against the U.S. housing market.

A senior Goldman executive disclosed the “bilateral” wagers on subprime mortgages in an interview with McClatchy Newspapers, marking the first time that the Wall Street titan has conceded that its dealings with troubled insurer AIG went far beyond acting as an “intermediary” responding to its clients’ demands.

The official, who Goldman made available to McClatchy on the condition he remain anonymous, declined to reveal how much money Goldman reaped from its trades with AIG.

However, the wagers were part of a package of deals that had a face value of $3 billion, and in a recent settlement, AIG agreed to pay Goldman between $1.5 billion and $2 billion. AIG’s losses on those deals, for which Goldman is thought to have paid less than $10 million, were ultimately borne by taxpayers as part of the government’s bailout of the insurer.

Goldman’s proprietary trades with AIG in 2005 and 2006 are among those that many members of Congress sought unsuccessfully to ban during recent negotiations for tougher federal regulation of the financial industry.

A McClatchy examination, including a review of public records and interviews with present and former Wall Street executives, casts doubt on several of Goldman’s claims about its dealings with AIG, which at the time was the world’s largest insurer.

For example:

- The latest disclosure undercuts Goldman’s repeated insistence during the past year that it acted merely on behalf of clients when it bought $20 billion in exotic insurance from AIG.

- Although Goldman has steadfastly maintained that it had “no material exposure” to AIG if the insurer had gone bankrupt, in fact the firm could have lost money if the government hadn’t allowed the insurer to pay $92 billion of American taxpayers’ money to U.S. and European financial institutions whose risky business practices helped cause the global financial collapse.

- Goldman took several aggressive steps – including demanding billions in cash collateral – against AIG that suggest to some experts that it had inside information about AIG’s shaky financial condition and therefore an edge over its competitors. While former Bush administration officials said AIG was financially sound and merely faced a cash squeeze at the time of the bailout, McClatchy has reported that the insurer was swamped with massive liabilities and was a candidate for bankruptcy.

A spokesman for Goldman, Michael DuVally, said that the firm followed its “standard approach to risk management” in its dealings with AIG.

“We had no special insight into AIG’s financial condition but, as we do with all exposure, we acted prudently to protect our firm and its shareholders from the risk of a loss. Most right-thinking people would surely believe that this was an appropriate way for a bank to manage its affairs.”

He said that Goldman didn’t have “direct economic exposure to AIG.”

The relationship between Goldman and AIG has drawn intense scrutiny over the past year because several Goldman alumni held senior Treasury Department jobs when the Bush administration guaranteed as much as $182 billion to bail out AIG, $12.9 billion of which AIG paid to Goldman, the most money it paid any U.S. bank.

Read more: http://www.miamiherald.com/2010/06/29/1707514/goldman-admits-it-had-bigger-role.html#ixzz0sL3TCCOP

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Janet Tavakoli Explains Derivatives To Max Keiser – Wall Street Financial Terrorism

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