Can A Nation Still Succeed After Letting The Banks Fail? Yes!

On December 10, 2010 By southwerkIn business ethics, Capitalism, Corporate Social Responsibility, ethics, Government Failure2 Comments

<This is James Saft, a columnist for Reuters.

From Reuters – em>

Iceland’s remarkable return to growth shows once again that in this crisis the best policy is often the one that will make international partners most angry.

Having been reviled and chastised when it refused to make good the outsize debts of its banks, Iceland this week capped a striking turnaround when it announced that its economy expanded by 1.2 percent in real terms in the most recent quarter, its first such rise in two years.

This is in stark contrast to Ireland, whose pliability and inability as a member of the euro zone to act unilaterally leaves it with a still crashing economy which must service ever more debt by making ever deeper cuts to public spending.

Iceland, which sailed into the crisis in 2008 as essentially a small fishing fleet with a massive hedge fund attached, looked its predicament square in the eye and followed a set of policies seemingly designed to tick off both its friends and enemies, doing its small but mighty best to beggar its neighbors by letting its currency crash, imposing capital controls and, crucially, refusing to make whole the global creditors of its three failed international banks.

While an International Monetary Fund and multilateral package was eventually agreed, and a deal with Britain and the Netherlands over debts from Icesave Bank are currently being hammered out, Iceland’s leaders, at least the current ones, seem convinced that making bank creditors share its pain was the right course.

“The difference is that in Iceland we allowed the banks to fail. These were private banks and we didn’t pump money into them in order to keep them going; the state should not shoulder the responsibility,” Iceland’s president, Olafur Grimsson, said last month, tweaking the nose of EU officials who are insisting that Ireland make good all senior creditor calls on its own distended banking system.

“Bondholders should not rely on the government stepping in and bailing them out,” Iceland Central Bank governor Mar Gudmundsson said last week. “They should do their due diligence.”

“I think the Irish are accepting that they were probably too fast in guaranteeing the whole liabilities of banks. Now this is turning out to be a big burden because the assets of these banks turned out to be much worse than they thought.”

Indeed. Though Iceland has a 6.3 percent budget deficit this year, it is on track to soon record a surplus, while Ireland’s deficit this year is 32 percent if the cost of bank bailouts is included. Similarly, Iceland’s unemployment rate has fallen by almost a quarter to 7.3 percent, as against more than 14 percent in Ireland.

Iceland let its banks fail and refused to use public funds to save them. Now, they are making an economic comeback.

They held the shareholders responsible for what their corporate leadership did. Isn’t that bizarre? That you could make people who own banks pay for the losses they incurr? Now we here in the United States suffer with a exceptionally healthy profitable financial sector now sitting on hundreds of billions of dollars it was expected to loan to small businesses and they have paid not one farthing for the terrible crimes they have committed.

James Pilant

Deficit Commission Recommends Further Destruction Of The Middle Class

On December 2, 2010December 2, 2010 By southwerkIn business ethics, Capitalism, Corporate Social Responsibility, ethics, Government Failure, Philosophy of Business, President Obama, White Collar Crime2 Comments

illu_1sm — The future of the Middle Class - ruins.

From the BBC –

A presidential panel set up to help trim the US budget deficit has called for steep spending cuts and tax rises.

The proposal would cut defence, social security and other spending, slashing a total of $4.1tn (£2.62tn) from the budget deficit by 2020.

But analysts say the panel is unlikely to ratify the plan with a vote, calling into question whether the US Congress will act on its recommendations.

“The solution will be painful,” the plan reads. “There is no easy way out.”

The US had a budget deficit of $1.3tn in the year to September, and critics have said the government should do more to narrow the gap.

Social Security pays for itself for another twenty years and its surplus is used in the U.S. to fund things like defense. Social Security taxes are only taken out of the first, 100,000 dollars or so out of income. If we raised the limit even slightly the fund would be intact for many decades.

Why is social security under attack? It’s doctrinal. Friedman economics says that government can do nothing right. Therefore, social security must by its very government nature be a failure. The numbers, the facts, the experience, – mean nothing. It’s very similar to a religion.

It’s why instead of the military rebuilding the Iraqi infrastructure, we used private firms. By the Friedman doctrines, this colossal incompetence and theft of government funds would have been much worse if the government had done the job.

Private and public means to accomplish ends are choices. There is no complete superiority of one over another. There never will be. There are just tools to accomplish things, no more.

That people are able to build a strange worshipful doctrine toward “free enterprise” is a symptom of larger moral and ethical problems. But above all, it’s the result of a successful sales job paid for over decades with millions and billions of dollars and preached by dozens of well financed foundations and other advocacy organizations.

Let’s read another section from the BBC coverage –

The panel’s chairman, Mr Bowles, said the panel’s work had – at the very least – made America engage in substantive debate on the deficit issue.

“The era of debt denial and the denial of its consequences is over,” he said. “We have started an adult conversation that will dominate the debate until the elected leadership in Washington does something real.”

This is nonsense. These measures have been preached for decades by “free market” conservatives.

Besides the real issues aren’t even on the table. Why do we allow companies based and operating in the United States to offshore their tax burden? What is fair tax code and what do we need to do to enforce it? I could go on.

But if you want to quickly discover the intellectual and moral absence in the committee’s recommendations, you only have to examine the question of a bank tax.

What is a bank tax, you say?

It is the phrase that must not be spoken.

Formerly, the United States was a manufacturing giant, so it gathered its taxes from a well paid middle class and by taxes on goods. Now we live in a nation based on finance and “play” money. Financial speculation is the rule of the day. Since our economy is now based on finance, doesn’t it make sense to change the nature of our tax structure to reflect our current realities? What we have now is a shrinking manufacturing base and a deteriorating middle class. We also have a banking and financial industry wedded at the hip to tax rescues and government guarantees. That merits taxation. Yet, a tax to raise a mere twenty billion dollars to help pay for another bailout was defeated in the middle of this year.

Let’s try another phrase, financial transaction tax.

No one seems to talk about this one either. Did the debt commission talk about this for page after page? You’re going to read more about it here.

A report on this kind of tax suggests that even a small, simple tax will produce 100 billion dollars in revenue each. Obviously, a trillion in a decade.

That’s deficit reduction.

There is much more to talk about. But there seems little likelihood of a genuine discussion outside of the limits established by the beltway pundits. We can only talk about Medicare, Social Security and a PR campaign of little significance to rein in defense spending. I see nothing else in the proposals likely of actual action except the mortgage deduction.

President Obama stacked the committee with those who had long wanted to attack social programs. Those programs that benefit the middle class are those that will be successfully attacked. The middle class has been targeted for four decades with continued success. There is no reason for Washington to stop now.

James Pilant

A Thirty Dollar Fee?

On November 15, 2010 By southwerkIn business ethics, Capitalism, Corporate Social Responsibility, ethics, Government Failure, Philosophy of Business, President Obama, White Collar Crime

Now you, common middle class citizen, you have to pay a thirty dollar fee at a court house in most states for them to record a change in ownership in property. They have to do paperwork and change that little county map that shows who owns what. Now suppose you change the ownership again. You transfer it your spouse, your child, or you’re paying the fee as part of a sales contract. You have to pay a second thirty dollar fee.

Annoying, right? Of course, but has to be done. You have to know who owns what, right?

What if you don’t want to pay the second time? Well, you are out of luck there too. The state is not going to let you out of the fee. Besides without paying the fee, the records won’t show who owns the property, so it’s a good idea to pay it, right?

Everybody has to pay the fees, right??

No, they don’t.

If you are a bank using the MERS system, you don’t have to pay a second fee. (MERS = Mortgage Electronic Registry System)

You see all the transactions are done by computer therefore there is no fee for any transaction after the first one. The banks often transferred these properties dozens of times, but every transfer after the first one was free. Isn’t that great?

Now, you probably would like to say something dumb like, “Isn’t that state law?” Then you might follow it up with, “Doesn’t that mean they don’t own the property?!”

You silly person, don’t you realize this a is a banking institution? They are not like you.

They just decided not to pay.

See, when you want to change a law, you have to lobby and talk to people and ask the legislature to consider a bill changing the law, then it has to go through both houses and then be signed by the governor.

But when you are a bank, you simply decide not to pay the fees. It makes everything simple.

Now, there are those in this country who are bizarre individuals. Those strange people want the banks to cough up the money. So, the banks, their feelings deeply injured, have run to their friends in the United States Congress who are planning a surprise party for you.

At the surprise party a thinly clad financial industry lobbyist will leap out of a cake and tell you that Congress has legalized all that stuff that the banks have been doing for, Oh, about five years now.

Now you might ask another question at this point and it is not “Why aren’t I getting any cake?” Your question is “Doesn’t those payments to the country, those thirty dollars each time, aren’t those part of my county’s taxes?”

Why, yes, they are.

But remember, Virginia, there is a Santa Claus and he just took your county’s money and gave it to the banks.

What a sad story!

And it’s all true!!

From the Associated Press –

It used to be that every time a bank sold a mortgage, the county land recording office received a fee. It wasn’t much — $30 or so — but then real estate boomed in the 1990s and banks pooled millions of mortgages into securities that investors bought and sold.

One mortgage transaction became a dozen or more, and the tab grew ever larger. So the banks came up with a way around the fees. And now they are fighting to avoid perhaps tens of billions of dollars in penalties that have added up over the years.

From further down in the article –

MERS is “an admitted fee-avoidance scheme,” says Robert Hager, the Nevada lawyer who, along with his partner Treva Hearne, is filing the suits against MERS and its bank owners, including the government-backed mortgage-finance companies Fannie Mae and Freddie Mac. Fannie and Freddie provide a low-cost flow of funding to the nation’s mortgage markets by buying mortgages from lenders, packaging them into securities and then selling them to investors.

The suits were filed in California, Nevada and Tennessee and 14 undisclosed states where the cases are still under court seal. Hager and Hearne chose the states because their laws allow what are called false claims suits, in which citizens can take legal action against companies that may have cheated the government.

The suits allege that by privatizing public records, MERS enabled banks to circumvent American property law and bypass the counties’ fee and paperwork requirements, costing billions of dollars in lost revenue over more than a decade. MERS says its process is legal, and that the fees are not required under its system.

If only we were all banks!

James Pilant

Austerity!

On November 14, 2010November 14, 2010 By southwerkIn business ethics, Capitalism, Corporate Social Responsibility, ethics, Government Failure

“Austerity” is just a con to further enrich the nationless capital markets and the super-rich. Nothing more. The very rich have no interest in the history of America from the 1940s through the 1970s, when a rising and secure middle class, and 90-percent tax rates on top earners, still supported fine lifestyles for the wealthy as well as the world’s greatest economy and society. Now we have to lose so they can win yet more. But austerity and tax cuts are the watchword, the intellectual fraud that has taken the day.

Boy, you’d think Rogue Columnist was upset! This is his latest column.

The slogan under his masthead is “A Pen Warmed In Hell.”

Like him, I’m astonished to live in a country where you can’t raise taxes.

Ahh! you say with outrage. I’m a member of the middle class. I have no more to give!

You’re quite right. I’m not interested in you. I know you don’t have any more money. Since the mid-70’s the tax burden has been off loaded on you. The corporations (about 40 percent of which pay no taxes at all) evade their taxes and the wealthy want their taxes reset at 22% about a 1/3 less than now.

This is an incredibly wealthy country. A fair tax system could pay to fix our infrastructure, could pay to have an education system second to none, could pay to reestablish our industrial base, and could pay to invest in research, development and our fellow Americans so we regain our place as number one in standard of living, as number one in upward mobility.

Upward mobility? What’s that? That is where you or your children have the same shot as some gazillionaire’s child at making it. A country, a nation, where you are measured not by who your friends are, who your family was, but by what you can do.

That’s America!

James Pilant

Britain Moves Toward “Fair Use” Of Copyrighted Material On Internet!

On November 6, 2010November 6, 2010 By southwerkIn business ethics, Corporate Social Responsibility, Government Failure, Philosophy of Business

From the BBC –

(Bizarrely, enough, the British are envious of our Fair Use provisions, and the article begins with praise for the American doctrine. This is bizarre, because there are current proposals in Congress to butcher these protections.)

“Over there, they have what are called ‘fair-use’ provisions, which some people believe gives companies more breathing space to create new products and services.

“So I can announce today that we are reviewing our IP laws, to see if we can make them fit for the internet age. I want to encourage the sort of creative innovation that exists in America.”

The six month review will look at what the UK can learn from US rules on the use of copyright material without the rights holder’s permission.

It will also look at removing some of the potential barriers that stand in the way of new internet-based business models, such as the cost of obtaining permission from rights holders and the cost and complexity of enforcing intellectual property rights in the UK and internationally.

If only we had the kind of forward looking leadership here to encourage a lessening of our over protections of copyrights (SEVENTY years plus the life of the author). What genius thought that was appropriate protection? Why should a publishing company hold those kinds of rights for so long? The only answer is that the publishing industry has a tremendous influence over legislation.

What that means in practice is that hundreds of thousands of works that should have passed into the public domain are lost to time, discarded by libraries, thrown away by owners who don’t realize their value, or simply decay into the dust. These things could be preserved for every future generation of Americans by web sites like Project Gutenberg.

But because of the rapacious greed of American companies and their minions in the Congress, a good sized chunk of American’s intellectual heritage is discarded like used toilet paper.

Imagine the writers and the thinkers who thought they were creating a legacy for their fellow citizens to be frustrated by the shallow fundraising of the the flag waving hypocrites of the American Congress. It is hard to think of more disgusting show of influence than these well financed companies and the Congress of the United States laying waste to American ‘s past for the long green.

James Pilant

HAMP (Home Affordability Modification Program) Disastrous!

On October 25, 2010October 25, 2010 By southwerkIn business ethics, Capitalism, Corporate Social Responsibility, ethics, Government Failure, Philosophy of Business, White Collar Crime3 Comments

What a shock!

The Administration’s signature program to help homeowners is not working.

The banks get a 700 billion dollar bailout with no questions asked and the homeowner goes through mountains of paperwork and winds up getting nailed for late payments and fees they didn’t even incur!

From the article –

The Obama administration’s signature anti-foreclosure effort, unveiled in 2009 with the promise of helping three to four million homeowners modify their mortgages, is such a failure that it now risks “generating public anger and mistrust,” according to a federal audit released Monday.

Far from helping at-risk homeowners, the Home Affordable Modification Program has actually made some homeowners worse off, according to the Special Inspector General for the Troubled Asset Relief Program — also known as the Wall Street bailout. The Treasury Department set aside $50 billion from TARP, plus another $25 billion from taxpayer-owned Fannie Mae and Freddie Mac, to give mortgage servicers thousand-dollar incentives to reduce monthly mortgage payments by modifying eligible homeowners’ loans. But more people have been bounced from the program than have been helped by it.

People who apply for modifications via HAMP sometimes “end up unnecessarily depleting their dwindling savings in an ultimately futile effort to obtain the sustainable relief promised by the program guidelines,” the report notes, putting the imprimatur of the federal government on a claim long made by housing experts and homeowner advocates. “Others, who may have somehow found ways to continue to make their mortgage payments, have been drawn into failed trial modifications that have left them with more principal outstanding on their loans, less home equity (or a position further ‘underwater’), and worse credit scores.

“Perhaps worst of all,” it continues, “even in circumstances where they never missed a payment, they may face back payments, penalties, and even late fees that suddenly become due on their ‘modified’ mortgages and that they are unable to pay, thus resulting in the very loss of their homes that HAMP is meant to prevent.”

But don’t worry. The administration has a defense.

Treasury officials are adamant that not only is the program helping those homeowners who remain in it, but it also has helped those homeowners who have been bounced. In fact, those homeowners who ultimately fell out of the program benefited from the equivalent of a “free tax cut” while they were in the program because over that period, they were paying less on their mortgage than was otherwise required. And, officials say, this came without cost to the taxpayer.

That’s right. Even if it didn’t work out for you and we threw you out of the program like yesterday’s garbage (You still lose your home.), you got a “free tax cut.” That makes it all better.

Let’s be clear. There is no amount of evidence, no lack of effectiveness or intelligence, that the current administration does not believe cannot be washed away by good public relations.

I don’t get it. Why even bother to create this program? It’s about ten percent of what the banks got. So, already you knew immediately, average Americans are at best an afterthought.

I supposed it’s better to demonstrate over time you generally loath the American people, than to tell them immediately?

“Oh, you say,” James, “You’re overreacting, the President is constrained from helping these people. It’s the political system.”

No, it’s not. These people are the real victims of an orgy of speculation and they only thing they’ve been getting for two years, is a continuous, mile thick, wall of lectures on personal responsibility.

The President has within in his authority, dozens, hundreds of actions he could take to help these people out, and those things are not being done. At the very least, the mortgage industry could have been held to the simple legal procedures necessary for a proper foreclosure and this administration was not only unable to do that, they see no crisis now.

Where are out political choices?

James Pilant

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