The Rules!

Right now, all over America, there is a single perception. We, the people, live by one set of rules. The financial institutions of this nation live by another.

The one we live by requires that we obey the law and should we fail, there are many penalties which include fines, jail time and public disgrace.

The great investment firms live by laws that are flexible, that bend with circumstance and desire. When they commit crimes, the offenses are considered civil matters. When they are found liable in civil court, the amount of fines compared to their profits are laughably small. When they violate regulations, the violations are either ignored, minimized or papered over. And when finally they commit such acts as endanger the welfare of the nation and it people, even then the law is not applied to them and they receive money and not punishment.

And never, under any circumstances is the flow of their profits and in particular, their bonuses, to endangered at any time under any circumstances.

The nation is bleeding.

It bleeds every day.

It’s bleeding credibility.

It’s bleeding honor, morality and ethics.

To many in this society, these are all jokes, the subject of humor.

To the great financial houses, the flag means the convenient locale with the least regulations. They live here and obey the rules here only when it is convenient. They are Americans of convenience.

We have spawned a series of institutions in this country that exist to its financial and ethical detriment.

They do not build value. They take it.

They do not limit risk. They increase it.

Can this nation long survive with two standards?

I do not believe this nation can long survive, half held to rules and half not.

It will either become all of one or all of the other.

Which one?

James Pilant

Gael O’Brien Reviews The Documentary – “Inside Job”

From the article

While of course we know the outcome of the unfolding events Ferguson describes, his interviews with many of the players in the crisis provide additional insight into the larger question of how could so many very bright people be involved in a failure so huge? The film shows the consequences when thought capital is wrapped around the dogged pursuit of an ideology, in this case deregulation, so that conflicting data or opposing viewpoints are not allowed to interfere.

The band of men from Ivy League economics departments wielded a lot of power in the 30-year push for deregulation. They served as consultants to the industry and were selected for significant regulatory or White House advisor positions. Ferguson raises questions about their objectivity as scholars, as well as whether their integrity was compromised by conflicts of interest and accepting fees from Wall Street, or to testify before Congress, or as expert witnesses.

I’ve already written a recommendation style review of the documentary and this one is very positive as well.

You need to read it to get the full flavor of O’Brien’s prose.

James Pilant

Is A College Education Worth $800,000?

The number, 800,000 dollars, has been used often to describe the advantage of a college education over a high school diploma. However according to new data, the actual value is $450,000 dollars. If that isn’t bad enough, according to the American Institutes for Research, it’s only worth $279,893.

Let’s figure it up. The number of working years used is forty. So if we divide 800,000 by forty, we get 20,000 dollars a year in advantage over someone with a high school diploma. Now let’s look at the revised figures. At 450,000 dollars, a college degree adds 11,250 dollars, which is much less impressive than 20,000 dollars. But if the American Institutes for Research is correct, it is only worth about 7,000 dollars.

Now, none of this takes into consideration, the costs of college itself, in particular the burden of paying off students loans which can easily get into the tens of thousands.

Am I discouraging you from pursuing a higher education? Certainly not, there are many advantages, intellectual and otherwise for going to college. I do want you to be aware that we might want to contemplate some kind of structural change in how we pay for education and how education is rewarded in the job market.

And be cautious about these kinds of statistics. The first decade of the twenty first century was cruel to the middle and lower classes. They lost a lot of economic ground. One of the things that was hit hard was earning power. Whole classes of jobs disappeared. The very, very few new jobs carried much lower salaries and reduced benefits.

Take a look at this film on college costs:

James Pilant

(This is a repost of a column I wrote some months ago.)

Does History Repeat Itself – The Stock Market Crash?

“The past is prologue?” Are we in the same place that America was in during the first years of the Depression? I worry that this economic downturn is just the beginning of long term destabilization of the economy.

(You should probably avoid my blog if you want to put a happy face on the economic situations because I find it hard to find things just to be content about.)

I found a wonderful set of history films about the early days of the Great Depression. They provide a lot of insight into how people thought and reacted to the events as they unfolded day by day. We look at what people were saying, what they were reading, what music they were listening to. We can wonder if we wouldn’t have done the same things. It’s a better way to understand history than the summaries in textbooks.

If you listen to the incredible confidence that the moneyed and political class had in the economy and the sureness they had in an immediate recovery, you have to wonder about those in out system today, who say we’ve turned the corner.

We have not.

Part 1 –

Part 2 –

Part 3 –


Part 4 –

Part 5 –

I want to be wrong about all this. I want the economy to thrive, everyone to have a job, and as much as possible for people to become prosperous.

We’ll see.

James Pilant

Robot Trading – Money Maker Or Formula For Disaster?

I went to You Tube and ran the search, “robot trading.” I was looking for a journalistic take on the dangers of this kind of trading. I didn’t get it. There are innumerable sales pitches for just such trading mechanisms. I watched one and they are “exuberant.” They appear absolutely convinced that these things will make you rich. Apparently this is similar in the trading world to the “second coming.”

I found an actual news story by getting a link from a blog. I just couldn’t get one off You Tube. I have virtually never had difficulty finding an appropriate video for an economic comment. The sales pitches simply dominate the results of the search. I haven’t seen that before.

The CBS news program, Sixty Minutes, has a report on the subject. It is a daunting report on the implications of robot trading. It can be very dangerous to whole system. If one robot goes in one direction. It is possible that they will all go in that direction. You should hope that they are all buying because selling could be painful. I recommend you watch the program.

I warn you, there are commercials. However, the report is elegantly done and will maintain your interest.

Let me ask a question –

Is it ethical to use super computers to get a fraction of a second (sometimes, hundreds of a second or less) advantage over your competition?

I want you to understand that only a very few people can afford a “super” computer. Generally speaking, that is probably not you. If you, as a human, attempt to compete with one of these machines (and you’re not, you’re competing with dozens or hundreds of them), are you on a level playing field.

As a society, we might find the costs of this trading to be higher than the benefits, if one is willing to think of the interests of the nation as a whole, something currently not in fashion.

But it should be.

James Pilant

Jon Stewart’s Take On The Mortgage Foreclosure Crisis – WARNING, Strong Language

Jon Stewart sums up the crisis brilliantly in a little more than seven minutes.

I am submitting to you the link. This is to an article talking about the Jon Stewart show. I cannot show a clip from Comedy Central and expect it to be up on my site for more than thirty seconds. You have to scroll down to the Stewart video in You Tube format.

This is the link.

Have fun and see how pointed humor can be.

James Pilant

What Happens Now?

The upcoming crisis in mortgage foreclosures has me thinking. I consider there to have been five crises for the capitalist system in the United States from 2007.

The first was the near collapse of the banking system in 2008. It demonstrated that the free market absolutism of a generation of cock sure Chicago economists made no more sense than an epigram found randomly in a fortune cookie. What was revealed was not a system of skillful investors protecting the interests of their clients but casino capitalism, a system where yearly bonuses drove behavior, annihilated Ethics, and discouraged any sort of patriotism and responsibility. The exposure of a system that tens of millions depended upon for their retirements, educations, and investments as an essentially gambling operation was not conducive to faith in capitalism.

The second was the bailout. The bailout was a disaster. While the government should and did act to prevent the financial industry from collapsing, the bailout was extremely favorable to the financial industry It was not just a case of stopping the decline, it was also a case in which the firms became immensely profitable with public money. I repeat, we had to do something as a nation because if the financial industry had perished we would all have gone down with that ship. But the government attached no conditions. They bought these companies bad investments at full market value rather than negotiating a fair price. There was no limit placed on executive salaries or bonuses. Add to this, the hard fact that the government officials in charge of these matters were loaded top to bottom with former employees of the financial industry, and it gives an impression of unfair influence. The companies clearly had regular repeated contacts with the Department of the Treasury and the White House, giving the impression that all other Americans with a stake in these issues had no representation. There is little evidence that this impression of powerlessness on the part of working America is any way incorrect.

The third was the health care bill. An idea considered literally for generations became not universal health care but forced purchases of insurance policies. To make it worse, the most important provisions were decided behind closed doors. A bill was created whose major elements were negotiated by the White House with the insurance and pharmaceutical companies. What people saw was a corrupt system in action placing them into subservience to private interests. That there is no election bounce for the Democrats this Fall is not surprising in any way. It is only surprising only to the White House. The clear view of corporate interests acting through their political proxies made most American sick at heart.

The fourth was the oil spill in the gulf of Mexico. This was a disaster unseen in world history up to that time. Yet, the government did not act to protect the public, it acted to prevent proper investigation and reporting of the crisis. The President of the United States was seen as unwilling to act. This undermined public confidence in the President, and as more of the ugly facts about the government – industry cooperation in these matters comes to light, it will not look any better. Politicians rushed forward to defend what should have not been defensible. It was obvious early on that the companies involved in the drilling had flouted regulations and acted with little regard to risk management, trusting to luck since they had gotten away with it in the past. One politician had the nerve to describe a crisis clearly created by poor management and violation of the law as an “accident.” The public did not feel defended. There was a sense of betrayal for many Americans.

I thought there would be a public outcry on these matters. The only clearly visible one is Fox News’ Tea Party movement, a spontaneous outpouring of populist rage heavily funded by industry, and directed at the government while exempting business for any responsibility for our current crises.

Why is there no electoral action to exploit the wild and reckless corporate behavior of the last two years? The answer is simple and disturbing. There are two political parties in this country and neither is willing to take action in regard to these matters. There is no one to vote for. The leadership that should arise from the disaster, angry and ready for battle, is not viable in today’s media markets.

The government is more heavily influenced by well paid lobbyists than it is by Americans.

I have been watching this for a while and I listen to what people are saying. At the moment, blame rests heavily on the government, and a great deal of blames belongs quite properly to the government. But not all of it. We can change the government down to the last brick of the capital building and nothing will change. Only if the private organizations that have acted illegally and recklessly are brought under control will there be effective change. I do not mean their destruction. What I want to see is their removal from the political process. Only human beings have rights. Organizations do not. A corporation is no more a person than my toaster. (However, there are many people who may have better and more effective solutions. Please let me hear them.)

But there is some change happening. The American public is in many ways like a landslide. You see a few pebbles fall down a slope. Nothing to worry about. But over time there are more pebbles and then stones.

I love my country. I am not leaving to escape to a different place in the light of the social turmoil we are likely to see. I believe in this people and their ability to solve problems and accomplish great things. They are being called upon right now. The call is quiet and can be barely heard. But it is there. And in time it will grow louder and more distinct.

Our government is failing us. The great corporations are rogue having no sense of patriotism, no burden of belonging; they hear no call of righteousness. They evade the law, act against their nation’s interest, and pursue a philosophy recognizing no moral burden.

We can not long survive this.

Change is coming. The beginnings of that change will be ugly. It will be difficult. Many will suffer. But there is a strong chance that this nation will rise to the challenge and become a better place.

James Pilant

Homeowners Betrayed

I have been accused of being shrill. Today is the day, I should tear the wallpaper off the walls in hot raging anger. The Senate passed a bill on the last day of the session by unanimous consent that essentially solves the banks’ mortgage foreclosure problems.

Have a read – (from Reuters)

The bill, passed without public debate in a way that even surprised its main sponsor, Republican Representative Robert Aderholt, requires courts to accept as valid document notarizations made out of state, making it harder to challenge the authenticity of foreclosure and other legal documents.

The timing raised eyebrows, coming during a rising furor over improper affidavits and other filings in foreclosure actions by large mortgage processors such as GMAC, JPMorgan and Bank of America.

Questions about improper notarizations have figured prominently in challenges to the validity of these court documents, and led to widespread halts of foreclosure proceedings.

The legislation could protect bank and mortgage processors from liability for false or improperly prepared documents.

Do we live in a nation where citizens matter? Hundreds of thousands of mortgages have been done without actual knowledge of the facts. This is not legal. But here comes Congress just when the crisis is beginning to develop. And Congress like the cavalry rides not to rescue the homeowners but to make it difficult or impossible for them to challenge inaccurate or false documents. It will also make it difficult or impossible to sue for redress by these simple Americans who lived their lives believing falsely they had a government that was concerned in some way about their rights.

It’s not law yet. It awaits that “stalwart defender” of the public, Barack Obama, to sign or veto. What do you bet?

This is incredible. The mortgage companies are caught committing essentially fraud on a massive scale at the very least lying to the court system not once but hundreds of thousands of times(probably several million times) and the government acts to legalize their acts just as the scandal is revealed.

I don’t know what to say. I am well aware that besides this frail web site, I have no influence. I want to go outside and scream. Doesn’t someone, anyone care about the homeowners who have been abused hundreds of thousands of times?

What do these huge accumulations of money have to do to get in trouble? Apparently there is nothing they can’t do. Apparently there is no line they can cross, that will cause our government to act against them.

Will there be any action taken? Will there be any outrage? Will there be any investigations and will they lead to any actual action?

Stay tuned. I’m not finished with this yet.

James Pilant

Google Faces Inquiry Into Anti-Competitive Practices

From “France 24 International News”

The European Commission has launched a preliminary inquiry into anti-trust allegations against Google brought by three online companies over how the Internet giant’s search engine operates and the way it sells its digital advertising.

The Commission is acting on separate complaints from three companies – the British price comparison site Foundem, French legal search engine eJustice and Ciao! from Bing, a German online retailer that was bought by Microsoft in 2008. The three have alleged that Google’s search engine artificially demotes the results of competitor sites in its rankings and questioned some of the conditions the company includes in its deals with advertisers.

It is unlikely that Google is only doing this in Europe. “Don’t be evil” is Google’s motto but they seem to have reconsidered especially considering their all out assault on net neutrality.

We have anti-trust laws on the books. Couldn’t we use some of them? Perhaps, the European Union could let us cooperate with their investigation?

We as a society lose a lot when one company clobbers another though anti-competitive practices. We pay more but worse than that a monopoly company can diminish the quality of their product and customer service. In the long term, product development and innovation suffer. So remember, it’s not just the money.

James Pilant

Let’s Have A Moratorium On Foreclosures!

That’s right. Until we have evidence that the banks intend to follow established procedure when foreclosing homes instead of the hopeful, magic of the “our people don’t make errors” world.

No one has the right to take people’s home based on supposition or simply trusting companies who have proven by their behavior that they have no interest in justice and fair dealing.

Let’s stop it and use the time to do an across the board re examination of those mortgages foreclosed without proper procedure. It is obvious that homes have been taken and money charged without legal justification.

That’s not how we do things in the United States of America!

We are a nation of honor, where fair dealing and good faith are enshrined in the law. That’s right, they are on the books. They are part of the common law tradition in this country. They are still used to decide cases. This is one where they apply.

I’m not the only one who thinks a moratorium is a good idea. – (from Reuters)

An influential U.S. senator on Tuesday raised the prospect of an industry-wide moratorium on foreclosures as he pressed three banks accused of improperly kicking borrowers out of their homes to outline steps they are taking to fix their procedures.

“It is simply inexcusable that proper oversight proceedings were not in place, especially when dealing with matters as monumental as the seizure of a family’s home,” Senator Robert Menendez wrote to the heads of JPMorgan Chase and Co, Bank of America Corp and Ally Financial Inc, formerly known as GMAC and 56.3 percent-owned by taxpayers.

“At least one credit rating agency, Fitch, states that it believes this problem is widespread among banks and servicers, which raises the question of whether other banks should impose a moratorium until this lack of oversight is corrected,” wrote Menendez, the head of a Senate subcommittee on housing.

It’s a good idea. It’s something that should be done in the name of simple justice.

Simple justice may not be the fashion in dealing with the “self correcting” mechanism of the free market. But it’s still something I believe in.

James Pilant