The world plunges into the heart of the global systemic crisis

Skrevs i Blogroll den juli 16, 2008 av neo

GEAB N°26 LEAP/E2020 Summer 2008 Alert – July-December 2008: The world plunges into the heart of the global systemic crisis



On the occasion of this 26th – Summer 2008 Special – edition of the Global Europe Anticipation Bulletin, the LEAP/E2020 team has decided to launch an alert on the July-December 2008 period. Indeed, our team is now convinced that this period will consist for the whole world in a major plunge into the heart of the phase of impact of the global systemic crisis. The upcoming six months are in fact the core of the unfolding crisis. The troubles met in the past six months were mere harbingers.


US consumer confidence index (1978-05/200 8) – Source: Briefing.com / Conference Board
In the next semester indeed, all the components of the crisis (financial, monetary, economic, strategic, social, political… ones) will converge at the height of their intensity (1). Avoiding to repeat a description of the various sequences already anticipated in the previous editions of the GEAB, our researchers have decided to describe the trends that will be at work in the world’s main regions in the next six months. Therefore they analyse eight fundamental processes that will mark the next semester and affect decisively the years 2009-2010, i.e.:

1. A Dollar in distress (EUR 1 = USD 1.75 at the end of 2008): Panic-fear of a US currency and economy collapse eats into the American collective psyche

2. Global financial system: An impossible requirement – placing Washington under international trusteeship – provokes the system’s break

3. European Union: The periphery sinks into the recession, the Eurozone only slows down

4. Asia: The « double whammy » inflation/export-collapse

5. Latin America: Difficulties increase but growth remains steady in most parts of the region, Mexico and Argentina in crisis

6. Arab world: Pro-Western regimes go adrift / 60 percent risk of socio-political explosion on Egypt-Morocco axis

7. Iran: 70 percent probability of an attack by October 2008 confirmed

8. Banks/Speculative bubbles: When bubbles collide

In parallel, LEAP/E2020 presents five strategic advices for the intention of central banks, governments and regulatory authorities, aimed at reducing and channelling the very bad consequences of the phase of impact of the crisis.

As to private investors, LEAP/E2020 develops in this 26th issue of the GEAB, a series of 8 operational advices for them to avoid committing fatal mistakes in the course of the next semester.

For this public announcement, LEAP/E2020 chose to present its anticipation on the upcoming break of the global financial system.


Global financial system: An impossible requirement – placing Washington under international trusteeship – provokes the system’s break

Who owns the US debt? – Source: Fincher
Washington’s decision to raise the bids for the return to a « strong Dollar », by compelling Ben Bernanke to intervene, bears the seeds of an acceleration of the global financial system’s breaking process (2).

Ben Bernanke is indeed the last wall before the largest US currency and asset owners become fully aware of the fact that Washington no longer has the means of its monetary policy. What used to be a deliberate policy of currency drop (when it was decided to stop publishing M3 in March 2006, as announced by LEAP/E2020) in order to reduce the country’s trade deficits and the real value (for themselves) of the their debt (labelled in Dollar), turned against its perpetrators entailing a major outflow (capital outflow, steadiness of trade deficits, soaring inflation…). The « Bernanke » card is the last « psychological » card Washington can play. The fact of using it proves that US leaders have reached the last limits of what they can do to hold back their partners into the system founded after 1945 and based on the US economy and currency (3).

In a few weeks time (after the next G8- and other organisations-meetings have taken place), when it will be confirmed that there is no way to stabilise the US currency (not to mention the eccentric idea of pushing it up) because the US economy is sinking always deeper into the recession and because the world is already filled with US Dollars no one knows what to do with, then the global financial system will burst out in various sub-systems trying to survive as much as they can before a new global financial equilibrium is found (4). As he is embarking on this road to nowhere, consciously or not, voluntarily or not, Ben Bernanke is signing the end of the current financial system. The return to a “strong Dollar” is a bit like the « liberation of Iraq » : wishful thinking turning into a nightmare.


Bank of International Settlements / Independent Strategy

The inverted pyramid of global liquidity - Sources: Bank of International Settlements / Independent Strategy
As a matter of fact, if Washington really intended to stabilise the Dollar or, more ambitiously, to push it up against the other currencies, there would only be one way (5), in two parts: raising significantly the Fed’s interest rates, and lowering drastically the pace of money printing. But if the government decided to implement this type of policy, the US economy (both real and financial) stops dead a few weeks after : the real estate market falls to zero by lack of affordable credit and as a result of soaring interests on Adjustable Rate Mortgage loans, consumption becomes negative (i.e. shrinks back each month), corporate failures multiply exponentially, Wall Street collapses under the burden of innumerable debts and succumbs to the instantaneous implosion of the CDS market due to counterparties default…

Such a series of events, sure to happen if Washington implements a voluntary policy of dollar-rescue, is probably unacceptable by the US authorities. Therefore, apart from talking – and further self-discrediting – they cannot do anything. The method used in the past decades is no longer available: no one will accept to buy large amounts of Dollars in order to rescue the US currency if some voluntary policy (like the one described previously) is not implemented by Washington. As they will not do it, the rest of the world will draw its own conclusions: everyman for himself, knowing that from mid-August onward, as Beijing is relieved from the constraint of the Olympic Games, a large number of “tough” options (6), put on the back burner until the Games, will resurface (7).


———-
Notes:

(1) For a more detailed calendar of these trends, see GEAB N°18.

(2) The Bank of International Settlements is beginning to worry about a risk of global Great Depression. Source: Banking Times, 06/09/2008

(3) Source: Euro Pacific Capital, 05/23/2008

(4) On this subject, read in GEAB N°26 our advice to central banks, governments and regulatory authorities.

(5) We will disregard the other option consisting in bombing the ECB, the Bank of China and the Bank of Japan.

(6) Source: ContreInfo, 04/21/2008

(7) As Russia is becoming the largest oil-producer - before Saudi Arabia - in the world, the balance of power on the oil market is also changing a lot. Source: Times of India, 06/12/2008

Finanskris, kreditkris, dollarraset, olja, oljekrig, oilwars, USA, FED, nyliberalism, nyliberal, neoliberal, skojare, liberaler, kollapsen av nyliberalismen, militär keynesianism, Bush, Clinton, McCain, Förenta Staterna, George W Bush, liberal kris, den osynliga handen, konsument krediter, skuld, nationell skuld, räntenivå, recession, konjunktur,strukturell kris, national debt,handelsbalans utlandsskuld, nykeynesianism; internationell ekonomi, ekonomiskt läge, globalisering, internationella förhållande, amerikansk ekonomi, bankväsendet, finansmarknad, avreglering, pension, globala rånet, nyliberal skojeriet, neoliberalism, neocons, financial crisis, bank crisis, recesion, depresion, economics, voodoo economics, freakonomics, Federal reserve, neokeynesianism,interest rate, obligations, CDOs, state obligations, economic colapse, the dolar empire, monetary policy, national debt, state debt, credit crisis, credit card, mortgages structured investment vehicles , financial asset , credit crunch, Bank of England , financial panic , Individual Voluntary Agreement , toxic packages , sub-prime mortgages ,privatization, deregulation, foreign debt, dolar asssets, dollar collaps, the invisible hand, neocons, debt,mortage loans, mortage debt, consumer debt, bonds, trasure bonds,inflation, consument price index, producent price index, energy price, oil price, bonds price, stocks, stock, Wall Street, financial markets, militar speditures, structural crisis,trade balance, Globalisation, Globalization, globalism, Globalisering,  IMF, world bank, corporate bond equities markets, disarray; the banking system, collapsing, consumer spending, tax revenues, national debt black holes

 FRA, terrorism, big brother, fascism

 

 

Enabling Tyranny

Skrevs i Blogroll den juli 15, 2008 av marcleon009

By PAUL CRAIG ROBERTS

I recently read that Brigette Bardot, now in her 70s, has been arrested as a hate criminal for complaining that Muslims in France slaughter sheep without first stunning them. The famous actress is known for her sympathy with animals, but the French government preferred to interpret her remarks as hatred for Muslims. Prosecutor Anne de Fontetts promised to throw the book at Bardot.

There are many incongruities here. The French are persecuting one of their own for taking exception to the practices of an alien culture. But then, perhaps this is just being broad-minded. What really jumps out is: if Bardot’s animal rights position makes her a hate criminal, what does French President Nicholas Sarkozy’s foreign policy position make him?

According to Information Clearing House’s running tally as of July 12, 1,236,604 Iraqis have been slaughtered as a result of the Sarkozy-supported US invasion and occupation of Iraq. If Bardot is a hate criminal under French law for complaining about how Muslims prepare their mutton, why isn’t President Sarkozy a hate criminal for supporting an American policy that has resulted in the deaths of 1,236,604 Muslims and the displacement of 4 million Iraqis?

 

Such incongruities are everywhere. It is as if people are no longer capable of thought.

Last week the US Congress passed an ex post facto law that legalized the illegal behavior of telecommunication companies that enabled the Bush Regime to violate US law and to spy on Americans without warrants. Retroactive laws are unconstitutional. But, alas, the US Constitution does not make campaign contributions, and telecommunication companies do.

 

The Bush Regime claimed that its illegal behavior, which requires an unconstitutional retroactive law to protect telecommunication companies and President Bush from being held accountable, is necessary to protect us. But as our Founding Fathers and every intelligent patriotic person since has patiently explained to the American public, it is the Constitution that protects us. No safety can be found by fleeing the Constitution.

Without the Constitution we have no protection. We simply stand naked before unbridled government power.

 

That’s pretty much how we stand now after 7.5 years of the Bush Regime. Electing a Democratic Congress in 2006 did not make any difference. Indeed, it was a Democratic majority Congress that last week gave Bush his unconstitutional ex post facto law.

As Larry Stratton and I point out in the new edition of Tyranny, the US Constitution has no friends. The Democrats don’t like the Second Amendment (another incongruity in the face of the right-wing police state that Bush has created), and the Brownshirt Republicans regard the rest of our civil liberties as coddling devices for criminals and terrorists.

 

Across the political spectrum, Americans are happy to shred the Constitution in behalf of some agenda or the other.

The government is happy to oblige, because shredding the Constitution removes constraints on the government’s power.

 

It has fallen to the private, member-supported organization known as the American Civil Liberties Union (ACLU) to challenge the retroactive law that destroys the privacy rights granted to US citizens by the Constitution. The ACLU is regarded by conservatives as a Jewish conspiracy to destroy Christianity, and the right-wing idiots on Fox “News” and talk radio will denounce the ACLU for wanting to empower terrorists.

Conservatives will repeat endlessly that Americans who are doing nothing wrong have nothing to fear. If this argument held any water, there would have been no point in the Founding Fathers writing the Constitution.

 

The position of the US Government is that the rights granted Americans by the Constitution facilitate terrorism. To be safe from terrorists, the argument goes, we must allow the government to take liberties with the Constitution. This argument gives government the power to set aside the Constitution, and, thus, enables tyranny. As Milton Friedman and many others taught us, rules are the essence of freedom, and discretionary power is the essence of tyranny.

 

Bush’s “war on terror,” essentially a hoax, has transformed the United States into a lawless nation. We are not lawless in the sense of an absence of laws. We are lawless in the sense that despite a surfeit of laws, we no longer have the rule of law.

If the President doesn’t like an existing law, he ignores it. If the President doesn’t like new laws passed by Congress, instead of vetoing them he prepares a “signing statement,” which says that he will determine what the law means.

This lawlessness has spread from the top of the federal government down to local governments and community associations. Recently the state of Georgia passed a law that reaffirmed that anyone with a carry permit was entitled to have their concealed weapon when dropping off or picking up passengers at the Atlanta airport. The Atlanta city government said it would not obey the state law and would arrest anyone, including the state legislator who sponsored the legislation, who carried a permitted weapon onto airport property.

 

A community in which I live has by-laws that forbid members of the board of the property owners association from serving as general manager of the designated community. This did not prevent the board from appointing one of their own the general manager. The POA board regards the by-laws which govern it as merely words without force.

 

Just like Bush regards the US Constitution.

Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He was Associate Editor of the Wall Street Journal editorial page and Contributing Editor of National Review

 

Finanskris, kreditkris, dollarraset, olja, oljekrig, oilwars, USA, FED, nyliberalism, nyliberal, neoliberal, skojare, liberaler, kollapsen av nyliberalismen, militär keynesianism, Bush, Clinton, McCain, Förenta Staterna, George W Bush, liberal kris, den osynliga handen, konsument krediter, skuld, nationell skuld, räntenivå, recession, konjunktur,strukturell kris, national debt,handelsbalans utlandsskuld, nykeynesianism; internationell ekonomi, ekonomiskt läge, globalisering, internationella förhållande, amerikansk ekonomi, bankväsendet, finansmarknad, avreglering, pension, globala rånet, nyliberal skojeriet, neoliberalism, neocons, financial crisis, bank crisis, recesion, depresion, economics, voodoo economics, freakonomics, Federal reserve, neokeynesianism,interest rate, obligations, CDOs, state obligations, economic colapse, the dolar empire, monetary policy, national debt, state debt, credit crisis, credit card, mortgages structured investment vehicles , financial asset , credit crunch, Bank of England , financial panic , Individual Voluntary Agreement , toxic packages , sub-prime mortgages ,privatization, deregulation, foreign debt, dolar asssets, dollar collaps, the invisible hand, neocons, debt,mortage loans, mortage debt, consumer debt, bonds, trasure bonds,inflation, consument price index, producent price index, energy price, oil price, bonds price, stocks, stock, Wall Street, financial markets, militar speditures, structural crisis,trade balance, Globalisation, Globalization, globalism, Globalisering,  IMF, world bank, corporate bond equities markets, disarray; the banking system, collapsing, consumer spending, tax revenues, national debt black holes

 FRA, terrorism, big brother, fascism

 

 

 

 

The Crash of the King of Liquidity

Skrevs i Blogroll den juli 15, 2008 av marcleon009

Key Biscayne’s high-flying hedge fund operator, John Devaney, once called “The King of Liquidity,” has crashed and burned.

I’ve been gawking at the Devaney hedge fund wreck for a long time. The festive charitable giving to needy causes (inoculation from scrutiny by the mainstream press). The entertaining of then Senate majority leader Bill Frist and other luminaries. The mysteries of making a few hundred million trading asset backed securities formed from junk aka “the ownership society.”

That turns out to be one of the signature phenomenon of the current market cycle that shows no signs of bottoming yet: what an excruciatingly long time it is taking to play out.

 

 

A year ago, the media began reporting the troubles afflicting the Key Biscayne hedge fund king: “A Miami-based hedge fund titan with a taste for the high life is getting a harsh lesson in humility as his fund racks up losses in the bond-market rout. … The fund’s portfolios are now said to be worth around $460 million, down from about $620 million.”  (New York Post, August 2, 2007)

 

But according to The Miami Herald, “On Thursday, Devaney said the fund had lost about 90 percent of its value by September 2007.” (Miami Herald, July 11, 200 8)

So, which was it?  A year ago, was Devaney lying or not? 

Investors are suddenly realizing that down markets are an especially bad time to question whether there is any difference between fraud, theft, and a worthless investment portfolio with John Devaney.

 

 

With hedge funds, there is no penalty for misrepresentation unless it is outright fraud and theft. The US Congress and White House have repeatedly blocked efforts to hold hedge funds to the same degree of accountability as other fiduciary agents.

Most mutual fund owners don’t have a clue how John Devaney made enough millions to hang Matisses on the walls of his Key Biscayne home. But they should, because what John Devaney does (did) along with 10,000 hedge funds is shaking the foundations of the world financial system.

 

It is no surprise that hedge fund risk is manifesting in the collapsed fortunes of a Miami trader. The political origins of the housing boom–that many hedge funds fed from– are right here, twined like a golden thread in the chain of campaign contributions links builders, lobbyists land speculators and Wall Street– still freely circulating and immune to criticism by the media.

If you are looking for particular scoundrels, start with key McCain economic advisor former Senator Phil Gramm, now vice chairman of the Swiss bank UBS, who helped speed the deregulation of the financial industries and who just lashed out at Americans as “a nation of whiners”.

 

That clunker dropped at the same moment Miami production homebuilders, like beleagured Lennar, and lobbyists like Sergio Pino and Rodney Barreto–Miami’s local power brokers– are begging for government bailouts of their own cratering investments in land outside the Urban Development Boundary.

“Help us, help us,” they cry, expecting their pockets to be lined by insider deals from big infrastructure “economic rescue plans”, including new zoning changes to put more sprawl in western suburbs edging the Everglades.

Never mind that the last tranche of buyers flushed out like dove, long ago, or, that critics used to be called “elitists”, who complained about the costs of unsustainable growth. You don’t hear that, anymore. But you also don’t hear the history of what happened, or, most any other relevant news except iterations of the spin machine.  

Look no further of reason for investors shunning the US dollar.

 

 

Yesterday, the Herald reported: “Devaney himself has lost more than $100 million, he said. His losses amount to about half his net worth, he added. But he still has a 126-foot yacht, the Dorothy Ann — a present to his mother — moored behind his Key Biscayne home.” Devaney will never be forced out of his home like those foreclosed from ranch-style American dream homes sold by Lennar or Pino or Barreto.

Like Pino or Barreto, Devaney’s assets are happily shielded by laws and regulations they condemn when it comes to the accumulation of wealth in free markets, like inserting platted subdivisions in wetlands or polluting public lands with stormwater runoff into the Everglades.

 

It’s just the case that the pockets of wealth are drying down, like Everglades ponding in dry season. In a perverse way, that makes it easier for observers to see what is in them, or, what is just pretending to be there.

 

 

Finanskris, kreditkris, dollarraset, olja, oljekrig, oilwars, USA, FED, nyliberalism, nyliberal, neoliberal, skojare, liberaler, kollapsen av nyliberalismen, militär keynesianism, Bush, Clinton, McCain, Förenta Staterna, George W Bush, liberal kris, den osynliga handen, konsument krediter, skuld, nationell skuld, räntenivå, recession, konjunktur,strukturell kris, national debt,handelsbalans utlandsskuld, nykeynesianism; internationell ekonomi, ekonomiskt läge, globalisering, internationella förhållande, amerikansk ekonomi, bankväsendet, finansmarknad, avreglering, pension, globala rånet, nyliberal skojeriet, neoliberalism, neocons, financial crisis, bank crisis, recesion, depresion, economics, voodoo economics, freakonomics, Federal reserve, neokeynesianism,interest rate, obligations, CDOs, state obligations, economic colapse, the dolar empire, monetary policy, national debt, state debt, credit crisis, credit card, mortgages structured investment vehicles , financial asset , credit crunch, Bank of England , financial panic , Individual Voluntary Agreement , toxic packages , sub-prime mortgages ,privatization, deregulation, foreign debt, dolar asssets, dollar collaps, the invisible hand, neocons, debt,mortage loans, mortage debt, consumer debt, bonds, trasure bonds,inflation, consument price index, producent price index, energy price, oil price, bonds price, stocks, stock, Wall Street, financial markets, militar speditures, structural crisis,trade balance, Globalisation, Globalization, globalism, Globalisering,  IMF, world bank, corporate bond equities markets, disarray; the banking system, collapsing, consumer spending, tax revenues, national debt black holes

Why the Bail Out of Freddie Mac and Fanny Mae is Bad Economic Policy

Skrevs i Blogroll den juli 15, 2008 av marcleon009

 

I am writing this article about Fannie Mae and Freddie Mac while sitting in the Queens Botanical Garden. This was not my plan today. The central air conditioning in my apartment broke down six weeks ago and still has not been fixed. (It’s a nice condominium building, but accidents happen.) It is over 90 degrees outside, and nearly 100 as a result of the greenhouse effect in my apartment. Yesterday I took refuge in the Forest Hills Public Library, but it is closed on Sunday. One of the few libraries near public transport that normally is open on Sunday is in Flushing. So I went there to write the final draft describing the past week’s financial turmoil.

 

Unfortunately, when I got to the Flushing library, a lady explained that because of the city’s budget cuts, the library no longer would be open on Sundays. Already before noon, when it was supposed to open, a large number of Chinese were waiting to get in, expecting to use the books and computer terminals. There was no sign explaining the situation in Chinese, and they continued to wait as I went down Main Street to the Botanical Garden.

 

At first glance this might not seem to have much to do with the turmoil of the last few days over the fate of Fannie Mae and Freddie Mac or the real estate markets they have helped inflate over the past decade. But my experience today has everything to do with this topic. These two semi-public mortgage-packaging companies dominate the nation’s mortgage market and have supported real estate prices by steering over $5 trillion to enable homebuyers to bid higher and higher prices for homes, earning billions of dollars of bonuses, profits and interest for the bankers, mortgage brokers and Wall Street debt packagers who are the financial beneficiaries of the real estate bubble.

 

 

And that is what really is at stake. If cities such as New York do not cut back public services, they would have to do what they and nearly all American cities and municipalities traditionally have done: finance most of their public budgets by taxing property. But to do that in today’s market would leave homeowners - and commercial building owners as well - with less revenue to pay their mortgages. Already this year over a million debtors have defaulted on their home mortgages, and enough have now fallen behind to suggest that Treasury Secretary Paulson’s warning that two million mortgage defaults for 2008 may be a million too low.

 

 

So that is the tradeoff: If cities are to maintain their customary level of public services, they will have to tax property at the traditional rate. But this would mean that housing prices would be less. The revenue paid in taxes would not be available to pay bankers to capitalize into interest payments on higher mortgage loans to buy homes at higher and higher prices. Given a choice between more affordable housing and better public service on the one hand, or “wealth creation” in the form of higher-priced housing (along with its higher carrying charges), Americans have voted overwhelmingly for the latter - that is, for housing so priced it forces buyers deeply into debt, paying bankers.

 

 

To me, this seems crazy, but then I’m an economist and we’re notoriously unable to explain why people vote against what seems to be their self-interest. In any case, this seeming craziness is what the plunging prices for stock in Fannie Mae and Freddie Mac last week was all about. One politician after another was televised pontificating about the need to keep real estate at unaffordably high prices rather than falling back to more affordable levels. Nobody mentioned the option of cities and states avoiding public service cuts by taxing the real estate - mainly the land’s site value - that has soared since 2000. Nobody discussed how an economy would look with lower housing prices and less mortgage debt. All they could say was the need to preserve the value of bonds and packaged bank mortgages held by financial institutions. These are the securities held the economy’s wealthiest 10 percent of the population. They take the form mainly of loans to indebt the bottom 90 percent. The economy as a whole may have no net saving, but the top 10% save - in the form of loans to the bottom 90 percent. And they don’t want the value of these loans to be cut back.

 

Debt write-downs and lower property prices would be good for most of the economy, but are anathema to Wall Street. Bear Stearns already has gone under as a result of its business model based on packaging junk mortgages, and last week it looked like Lehman Bros. was going down the same road. It amazes me that the election is not being fought over this economic issue, but I guess that’s why I’m still in Dennis Kucinich’s camp rather than elsewhere.

 

The policy question

For millions of homeowners watching the price of their homes fall below the mortgages they owe, the question is whether to pay or default. Many have no choice. They have Adjustable Rate Mortgages (ARMs) that are resetting at sharply higher interest rates and require amortization payments far beyond what the debtor is able to pay.

The looming defaults threaten financial institutions holding mortgages on such properties, moving up the economic pyramid to reach investors and creditors at the top. Somebody must take a loss. But who? Big fish or little fish?

 

 

For lawmakers there are two possible policy responses. The first and seemingly most logical response would be to re-set bad debts at levels that can be paid. This write-down would be in keeping with the direction of legislation since the 13th century to favor debtors more than creditors. After all, bankruptcy laws have replaced debtors’ prisons, enabling debtors to make a full start. Truth-in-lending laws, anti-usury laws and similar legislation have sought to balance what people earn and what they can afford to pay for housing and other debts. This is the balance that would be restored by writing down bad debts - or to put it another way, writing off bad loans.

 

This is not the path that Congress is taking. Instead of bringing debts within the ability to pay, its banking and real estate committees are trying to find a way to re-inflate housing prices. The hope is to enable existing mortgage debtors who have defaulted, or are on the brink of doing so, to get into a position to sell out or to borrow the money due on even easier terms from the Federal Housing Administration (FHA). This would leave government agencies rather than Wall Street holding junk mortgages. It would give security not to home owners and mortgage debtors but to the lenders and speculators holding the $5 trillion in mortgages guaranteed by the Federal National Mortgage Association (FNMA, “Fannie Mae”) and the Federal Home Loan Mortgage Corp. (”Freddie Mac”), as well as the default-insurance companies on the hook and whose IOUs have now sunk to junk status themselves.

 

 

What is the point of buying insurance against mortgage defaults, after all, if the insurance reserves are miniscule in comparison to the likely default volume? The monoline insurance companies (firms whose only business is to write default insurance) have made their money writing policies, not paying out. Their executives have already taken the money and run. Yet it is for their wealthy financial clients that Congressional hearts are bleeding, not for the victims of subprime mortgage fraud and the associated Wall Street fraud in packaging junk mortgages and selling them to institutional investors at home and abroad.

 

The question is, how can an economy survive with millions of homeowners defaulting and wealth ownership polarizing between creditors and debtors. This is what plunged the world into depression in the 1930s, and long before that, reduced the Roman Empire to debt bondage and serfdom.

Is it all happening again today? Or can things simply return to normal with today’s debts be paid off by borrowing yet more money and running yet further into debt, in what is known as the “magic of compound interest”?

 

The Democratic congress pushes for American families to pay higher home prices

Congressional banking committee heads are simply behaving as politicians traditionally do by giving priority to their major campaign contributors in the financial and real estate sectors. Led by Democratic senators Charles Schumer from Wall Street and Christopher Dodd from Connecticut’s insurance industry, and supported by Congressman Barney Frank from the real estate sector, Congress is seeking to bail out the bubble’s sponsors, not its victims. The plan is to re-inflate the housing bubble at least long enough for the largest banks and other financial speculators to dump their riskiest holdings. Book values on these mortgages - and the real estate that backs them - are  purely fictitious, despite the AAA whitewash from bond-rating agencies which themselves are now under investigation for the fatal Arthur Anderson-style conflict of interest between their research and sales arms.

 

Dealing as they do with real estate, and hence with local urban politics where most of the property values and maneuvering occur, Fannie Mae and Freddie Mac are largely Democratic creations. James A. Johnson ran Fannie for most of the 1990s and was its main lobbyist. Until June he headed Barack Obama’s vice-presidential search team, but resigned when it was revealed that he got mortgages on unrealistically favorable terms from Angelo Mozilo’s notorious Countrywide Financial. FNMA’s former head, Franklin D. Raines, was President Clinton’s budget chief. He was forced to step down when serious accounting problems were discovered. Other Fannie apparatchiks include Jamie Gorelick, former Clinton deputy attorney general, and Thomas E. Donilon, Clinton chief of staff to the secretary of state.

 

To be sure, political opportunism leads Fannie and Freddie to cover all the bases, becoming known for hiring relatives of powerful politicians wherever they may be in a position to help. But at least this time the problem is not George Bush’s fault. The Wall Street Journal seems closer to reason than the Democratic Congress. Over the weekend its editorial clarified what socialists since Marx have been saying: “What taxpayers need to understand is that Fannie and Freddie already practice socialism, albeit of the dishonest kind. Their profit is privatized but their risk is socialized.” Calling FNMA and Freddie “high-risk monsters,” the newspaper noted that “Wall Street and the homebuilders also cashed in on the subsidized business, and also paid back Congress in cash and carry.” It concluded by questioning whether these government-sponsored enterprises (GSEs) were justified at all. “Apart from outright failure, the worst scenario would be a capital injection that left the companies free to commit the same mayhem all over again two or 10 years from now.”

 

 

In a separate article the Journal noted that, “On a fair-value basis, the company [Freddie Mac] had negative net worth of nearly $17 billion.” The problem is that there is no “market” - that is, no supply of equally gullible buyers - to take on these bad loans, except at distress prices. Through short-term greed and incompetence, the home-debt industry has pawned off highly debt-leveraged mortgage loans drawn up from fraudsters. They can’t be called crooks exactly, because instead of being indicted, they have been rewarded with tens of millions of dollars in bonuses for making so much money as debt innovators for the finance, insurance and real estate sectors.

Their place is to be taken by the government as bad-debt buyer of last resort. I suppose this might be called Finance Socialism - the stage at which it becomes necessary to rescue Finance Capitalism, at least its largest institutions (”too large to fail”) at the top of the economic pyramid. Or it might be called “real estate finance capitalism.” But in Washington-talk it is euphemized in the Democratic Party’s usual populist garb as “democratizing property” and “increasing homeownership,” by which is meant indebting a rising share of the population to the point where carrying their mortgage absorbs most of their disposable personal income.

 

 

Can a new real estate bubble be inflated?

The fact remains that like every financial bubble in history starting with England’s South Sea Bubble and France’s Mississippi Bubble in the 1710s nearly three centuries ago, today’s bubble has been sponsored by the government. Forget the “madness of crowds” free-market propaganda. Insiders and enabling politicians always try to blame the victim. The reality is that Fannie, Freddie and the FHA gave a patina of confidence to irresponsible lending and outright fraud. This confidence game led them to guarantee some $5.3 trillion of mortgages, and to keep $1.6 trillion more on their own books to back the bonds they issued to institutional investors. Their strategy has been to issue bonds paying fairly low interest rates, and use the proceeds to buy mortgages yielding somewhat higher rates. This kind of interest-rate arbitrage is what the S&Ls did in the 1980s - a relevant parallel, as I will discuss below.

 

The myth is that Fannie’s and Freddie’s role is simply to spread homeownership by making it affordable for more of the population. Fannie Mae was established in the Depression, in 1938 as part of Roosevelt’s New Deal, and privatized in 1968. Freddie Mac was established two years later, in 1970, to buy up S&L mortgages and give “liquidity” to their mortgages, by developing markets beyond the banks and S&Ls that originated these loans. But this turned out to be the “original sin,” so to speak. Non-bank investors were obliged to place their trust in the mortgage originators - banks, S&Ls and mortgage brokers, whose ranks are filled with fraudsters and crooks.

 

Whatever we may call it, their dream is to bring back the seeming golden age sponsored by Alan Greenspan at the Federal Reserve. It was a decade of quick mortgage billionaires writing fictitiously high mortgages and selling them off to pension funds and to German and English bankers eager to seek a few extra fractions of a percentage point in current income so as to justify a big bonus by claiming to outperform more reality-based money managers.

 

All this is as American as apple pie. Altruistic political talk aside, the reason why the finance, insurance and real estate (FIRE) sectors have lobbied so hard for Fannie and Freddie is that their financial function has been to make housing increasingly unaffordable. They have inflated asset prices with credit that has indebted homeowners to a degree unprecedented in history. This is why the real estate bubble has burst, after all. Yet Congress now acts as if the only way to resolve the debt problem is to create yet more debt, to inflate real estate prices all the more by arranging yet more credit to bid up the prices that homebuyers must pay. The plan is thus to pretend that the Bubble Economy’s financial unreality may be made real by Finance Socialism.

 

Can the plan work? The reason why Fannie and Freddie have been able to borrow at lower rates than their rivals is because their public sponsorship led investors to believe that there was an implicit public guarantee not to let them fail. And in view of the fact that these two agencies account for some $5 trillion in mortgages - nearly half the nearly $12 trillion U.S. home mortgage market - they do indeed seem to be “too big to fail.” The face value of mortgages they have guaranteed is nearly as large as the entire U.S. federal debt held by the public. This means that the nominal federal debt would double if they went under. But at least the government can always print money, while the real estate backing the mortgages guaranteed by Fannie and Freddie (or held in their own accounts) is plunging in price into the dreaded Negative Equity territory.

But on their shoulders ride the hope of re-inflating housing prices to bail out the financial managers who sought to make money by debt creation rather than tangible capital formation. So the question is whether housing prices can be raised to a level that oblige families to run into even more debt than they now are carrying - with even lower down payments, subsidized at public expense.

 

In this case the subsidy would not really be for homeowners at all, but for the financial system’s mortgage holders. The aim would not be to make housing more affordable, but less so, because the debts would be larger!

 

Most investors view the situation as being more political than strictly economic. One hears again and again these days about the “implicit” government guarantee to make good on the bonds Fannie and Fred issued to fund these junk mortgages. Its constant repetition reflects the anxiety that bondholders feel about how sound their bond holdings really are. (The stocks of Fannie and Freddie have now plunged to less than 10 percent of their former highs. Investors obviously expect their equity to be wiped out, a la Bear Stearns.)

 

The word “implicit” means “not explicit.” There is a tantalizing hint of what might be, but does not yet exist in a legal sense. Financial free lunchers on Real Estate Finance Capitalism claim to be innocent victims of an “unexpected” bad turn in the market. (Bad news always is “unexpected” as far as financial spokesmen and media reporters are concerned, just as Claude Rains was “shocked, shocked” to find that there was gambling going on at Rick’s Café.)

 

The distinction between implicit and explicit may be too philosophical for most money managers who work in the financial institutions that have bought Fannie Mae and Freddie Mac bonds and packages of junk mortgages. Most of these apparatchiks don’t need much of an education. All they need is greed, and that can’t be taught. It is an addiction - and on Wall Street it lives in the short run, from one annual bonus to the next.

 

 

Wall Street bonuses are based on how well one “performs” relative to the norm - a Treasury bond’s rate of return, or the average mutual fund or money market fund. Anyone can out-perform these averages simply by buying the most risky and hence highest-yielding bonds around.

Predator vs. victim - who will Congress support?

On the subway to my hoped-for cool spot in Queens, I opened today’s Sunday New York Times to find an article by the always informative Gretchen Morgenson about a Countrywide Financial customer saddled with an adjustable-rate mortgage re-setting at a rate beyond his means to pay. The mortgagee got so frustrated with non-responses to his earlier attempts at communication that he sent an e-mail message to a block of Countrywide addresses asking to renegotiate his mortgage on more affordable terms so as to avoid default. This is what Henry Paulson has been urging “responsible” lenders to do - and Countrywide is responsible for some $1.5 trillion in mortgage loans, most of them subprime.

 

 

The e-mail actually got to Countrywide co-founder and CEO Angelo Mozilo, cited above for having given GNMA head and erstwhile Obama advisor a mortgage on remarkably affordable terms. Mr. Mozilo is the Darth Vader of the global mortgage market, and the person probably more responsible than any other for wrecking more lives financially than any other man on the planet, including Ken Lay and Michael Milken. Until the movie biography arrives, we will have to do with Ms. Morgenson’s article.* (*”The Silence of the Lenders,” The New York Times, July 13, 2008.)

 

 

Mr. Mozilo actually responded. He found the request to lower his company’s mortgage demands “Disgusting.” The very thought of debtors not living up to written contracts they had signed - contracts which turned out to be bait-and-switch deals signed under duress - seemed to threaten the institution of private property itself. After all, had not the mortgage agreed to “adjust” his teaser interest rate upward to a more real-world rate of extracting his income?

 

 

A Countrywide “workout advisor” on the company’s “home retention team” tried to be more helpful. She suggested that “Maybe you can eat less,” when the mortgagee told her that all he could afford was $10 a day after paying his mortgage.

 

Perhaps my mind was wandering too far, but I was reminded of Sumerian and Babylonian language for creditors. Contracts said that they would get to “eat” the interest on debts owed by cultivators and debtors. Bronze Age contracts from Hammurapi’s time (c. 1750 BC) typically called for rural debtors to pay their debts in grain (which exchanged on a par with silver, one liter of grain per shekel of silver), weighed out at harvest time on the threshing floor. Post-classical economic theory is based on the principle of diminishing marginal utility. According to this theory, the pleasure of consuming more of any given commodity diminishes with each additional unit that is consumed. This seemed to suggest that as people got wealthier, they would become less greedy, leaving the path open for the poorest consumers to “catch up.” It was a happy picture of economies leading naturally and almost automatically to a more equal distribution of wealth.

 

 

Of course, it was utter fiction. But it was a “successful error” that won for the marginal utility school such enormous financial subsidies for economics departments teaching this distraction that it drove classical economics off the board with its discussion of unearned increments, free lunches and the polarization of wealth by rentiers (a word that today is almost as anachronistic as “usurer”).

Obviously, these marginal utility theorists never heard of the wealth addiction that Aristotle and other ancient observers described. How much can a creditor “eat” in practice? The answer is, “everything”! That is what wealth addiction is all about.

It is implicit in the mathematics of the “magic of compound interest.” This is the magic that has causing the real estate crisis plunging Fannie Mae, Freddie Mac and Lehman Bros. to the brink of insolvency.

 

 

A replay of the federal S&L insurance crisis: Bailing out the risk-takers, not their victims

Junk bonds issued by corporate raiders were the highest-yielding bonds in the 1980s - before they brought down the S&Ls. Since the Federal Reserve flooded the economy with credit after the dot.com bubble burst in 2000, junk mortgages have been the highest-yielding securities. Meanwhile at the Federal Reserve, Chairman Alan Greenspan deregulated the banking system to let the usual array of financial crooks express the “animal spirits” that he believed were the driving force in his Ayn Rand fantasy world.

The result is a replay of the S&L collapse two decades ago - a financial “golden oldie,” so to speak. The S&L bailout is relevant today because proposals to bail out FNMA and Freddie Mac bondholders are distressingly like the bailout of S&L depositors in crooked S&Ls back in the 1980s. Only a handful of S&Ls went under - and they were the notorious risk-takers. Their depositors were not neighborhood moms and pops. They were large institutional savers, who didn’t care about risk or crooked behavior, because there was a government guarantee by FSLIC: the Federal Savings and Loan Insurance Corporation. And that bailed out the large depositors.

 

 

Fast forward to today. FNMA was shown many months ago to have been cooking the books. But large speculators didn’t care. Although there was no official government guarantee, there was an “implicit” protection for risk-takers. Financial insurance firms sharply raised the default-insurance premiums for these two government-sponsored mortgage agencies. But investors still were able to make a few basis points more than normal by buying their bonds.

 

Should they be bailed out? And if the government does not do so, would this mean that FNMA goes under and the US mortgage market plunges?

Do we really want a new bubble? Or re-industrialization?

Let’s take a step back and look at the function that Fannie and Freddie have played in today’s Bubble Economy.

 

 

Who would one expect the Fed as “board of directors” for the commercial banking system, the Federal Housing Agency (FHA), FNMA and Freddie Mac as creatures of the real estate sector, to support? Ostensibly created to serve “the people,” 90 percent of whom are debtors, these institutions actually back the 10 percent of the population who are creditors.

This year already has seen a million foreclosures and the junk mortgage collapse is worsening. Home prices are plunging as interest rates on the euphemistically named adjustable rate mortgages (ARMs) “adjust” in the only direction they ever were intended: jumping up from teaser rates to distress levels. It is more difficult to borrow in today’s market. The economy has reached its debt limit and is entering its insolvency phase.

We are not in a cycle but the end of an era. The old world of debt pyramiding to a fraudulent degree cannot be restored, despite the repeal Glass-Steagall Act in 1999 that unleashed financial conflicts of interest when the Clinton Administration backed Treasury Secretary Robert Rubin and financial lobbyist Greenspan in claiming that financial markets would be self-regulating and law-abiding. The real estate bubble was made possible by the unique degree to which America’s population emerged from World War II relatively debt free. Each recovery has taken off from a higher debt level. This something like trying to drive a car with the brakes pressed tighter and tighter to the floor each time there is a stoplight (recession). We have now reached the debt limit, and the economy is stuck. The class war is back in business, with a vengeance. Instead of it being the familiar old class war between industrial employers and their work force, this one reverts to the old pre-industrial class war of creditors versus debtors. Its guiding principle is “Big Fish Eat Little Fish,” mainly by the debt dynamic that crowds out the promised economy of free choice.

 

 

This is being portrayed as a post-industrial economy, but it is a much older story. No economy in history ever has been able to pay off its debts. That is the essence of the “magic of compound interest.” Debts grow inexorably, making creditors rich but impoverishing the economy in the process, thereby destroying its ability to pay. Recognizing this financial dynamic most societies have chosen the logical response. From Sumer in the third millennium BC and Babylonia the second millennium through Greece and Rome in the first millennium BC, and then from feudal Europe to the Inter-Ally war debts and reparations tangle that wrecked international finance after World War I, the response has been to bring debts back within the ability to pay.

 

 

This can be done only by wiping out debts that cannot be paid. The alternative is debt peonage. Throughout most of history, countries have found again and again that bankruptcy - wiping out the debts - is the way to free economies. The idea is to free them from a situation where the economic surplus is diverted away from new tangible investment to pay bankers. The classical idea of free markets is to avoid privatizing monopolies, such as the unique privilege of commercial bankers to create bank-credit and charge interest on it.

Current proposals would replace bad debts that are not publicly insured (except by an “implicit” guarantee that relevant legislators have bought into) with new debts, and new suckers are to be left holding the bag. Bahrainis and Saudis in particular are being courted.

 

 

But most of all, there is a public campaign being waged by the FIRE sector (Finance, Insurance and Real Estate) to convince the American public that, in the infamous words of Margaret Thatcher, TINA, “there is no alternative.” (See for instance the Wall Street Journal’s excellent coverage of the FNMA/mortgage crisis on July 11, 2002, p. A12.) When one hears this, it means that political censorship is being mobilized to flood the popular media with the intellectual equivalent of sterile fruit flies being released to stop the spread of a threat. All one hears is a barrage of claims that the government must preserve the financial fictions of FNMA and Freddie Mac in order to “save the market.”

 

But what is “the market” that is to be “saved”? To Wall Street and its Congressional advocates, it is the mass of bad debts growing at compound “magic” rates of interest, beyond the ability of debtors to pay. If the debtors cannot pay, then the Government - “taxpayers” are to pick up the check to Wall Street. Meanwhile, more tax breaks are to be given to leave the finance, insurance and real estate sectors with enough money to “earn back” their losses, by extracting yet more rent and interest from the industrial economy’s consumers and wage-earners.

 

 

The usual hypocrisy is being brought to bear claiming that all this is necessary to “save the middle class,” even as what is being saved are its debts, not its assets. Something must give - and the upper 10 percent of the population wants to make sure that it is not its own economic position, but that of the bottom 90 percent. The “way of life” that is being saved is not that of home ownership, but debt peonage to support the concentration of wealth at the top of the economic pyramid.

My modest proposal

Shareholders of FNMA and Freddie Mac probably will be wiped out, as were S&L shareholders in the bailout of S&L depositors in the 1980s. There’s a simple way to save FNMA’s and Freddie’s public functions, if they indeed are deemed necessary to keep supporting the debt market. This can be done without bailing out the speculators who bought the mortgages it packaged.

 

 

First of all, not all the mortgages that these two agencies have bought or guaranteed are junk. Most are genuine and are being paid. The poor are honest, after all, and think that they should pay as a matter of honor even if it is not in their economic interest to do so when their homes fall into negative equity. Let these mortgages continue to back the existing FNMA and Freddie Mac bonds to the degree that they actually receive mortgage debt service. If there is a shortfall, let bondholders take the usual haircut that is supposed to go hand in hand with risk. That is why these mortgages had such high rates of interest, after all. The loss would be proportional to the financial and real estate fraud they have enabled. This is the law for all other bondholders when their investments go south. Why make an exception for participants in the real estate bubble?

The rule caveat emptor should apply to bankers and investors here. They have bought a product - a flow of income that they either believed or pretended could be paid. Any student taught the mathematics of compound interest knows that in the end no economy’s debts can be paid. So this should be a special financial caveat.

To keep their activities current, let Fannie and Freddie issue a new series of bonds - the “we won’t fake it anymore” series. They would be based on a new honesty based on more realistic appraisals of the affordability of housing, which they were supposed to be promoting all along. These steps would not cause a collapse.

 

 

But before stepping up to save FNMA and Freddie Mac, we might ask whether it would be a tragedy for their debt guarantees to cease. Wall Street has given politicians a cover story that to support FNMA and Freddie on the pretense that its packaging and reselling mortgages in big “tranches” provides liquidity. Its defenders claimed to be “modernizing” the real estate mortgage market by creating uniform standards and homogeneous packages. But these packages were increasingly tainted with junk, putting floor sweepings of ARMs with no-down-payment and NINJA (no income, no job) loans into financial sausages.

 

 

What Fannie and Freddie did was to provide a vast new source of demand for mortgages. Their role has been to extend the market for mortgage debt, creating opportunities to make money financially in an environment of asset-price inflation - the Bubble Economy. The effect was to push up housing prices. This has been the great American game for a century. And it has turned increasingly to outside investors (including gullible German banks which were the first to go bust by trusting the U.S. junk mortgage market), swelling the supply of loanable funds that bid up property prices.

 

Prior to FNMA and Freddie Mac, banks that issued mortgages held onto them, because there were no outside blind buyers. This was the pre-fraud era. It is now looking like a Golden Age. Housing prices were lower, and buyers did not have to go so deeply into debt to purchase homes. But the Senate and Congress - at least the Democrats - are urging the FHA and other government agencies to prop up the mortgage market by issuing zero-down-payment loans and other subsidies. The immediate aim is not to help homeowners - who indeed will have to pay more if the housing market re-inflates. Each new economic crisis adds a few new words to the English language. This time we get “reflate.” Others include NYU Prof. Roubini’s “stagdeflation” for a combination of debt deflation of incomes and price inflation for commodities as the dollar sinks in response to the balance-of-payments deficit resulting largely from the war in Iraq. But that is another story. Today’s story is about how Congress is aiming to bail out the banks that have bought or packaged these junk mortgages, about how needless this bailout is, and about how much simpler and more fair to just write off the bad debts.

 

 

Conclusion

America’s $13 trillion in domestic real estate debt is no more payable than  is the government’s $3.5 billion dollar debt to foreign central banks, or the public debt itself for that matter. Adam Smith remarked over two centuries ago that no government ever had repaid its debts. At that time the aristocracy - the heirs of the Viking warlords who conquered Britain and other European countries and turned their common lands into private property - held most of the land free and clear. Today, real estate has been “democratized,” but this has been done on credit. Mortgages are the major debts of most American families. In this role, real estate debt has become the basis for the commercial banking system, and hence the basis for the wealthiest 10 percent of the population who hold the bottom 90 percent in debt. That is what Fannie Mae, Freddie Mac and “the market” are all about.

 

 

Neither party in Congress supports a new bankruptcy bill. The lobbying money simply isn’t there. So the preferred alternative seems to be a new real estate bubble, which means more debt peonage for new homebuyers rather than housing prices falling back to more affordable proportions.

Of course, there is an alternative (TIAA). It is to make rent the basis of the tax system instead of being the basis for expanding debt to the banks. Real estate could free labor and industry from having to pay taxes. Instead, un-taxing property has forced labor to bear the tax burden, and to pay an equivalent sum in interest to the banks as well.

But that is a topic for a future article.

 

 

Michael Hudson is a former Wall Street economist specializing in the balance of payments and real estate at the Chase Manhattan Bank (now JPMorgan Chase & Co.), Arthur Anderson, and later at the Hudson Institute (no relation). Puede contactarnos en:

 

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Business as Usual:Crime, Punishment and ExxonMobil

Skrevs i Blogroll den juli 15, 2008 av marcleon009

 

 

 

 

Last month witnessed the extraordinary contrast of two perspectives on crime, punishment and ExxonMobil.

Just two days after leading climate change scientist James Hansen told the U.S. Congress that he believed ExxonMobil and other fossil fuel company CEOs “should be tried for high crimes against humanity and nature” for their role in delaying a serious global response to climate change, the U.S. Supreme Court decreed that a $2.5 billion punitive judgment against Exxon for the Valdez oil spill disaster denied the company the “sense of fairness” to which it is entitled.

Each of these proclamations is extremely significant in its own right.

 

The Supreme Court’s ruling has the more obvious direct importance. Operating in the framework of maritime law, where it is free to establish its own rules in the absence of Congressional guidance, the Court held in a 5-3 ruling that punitive damage awards should not exceed compensatory damages. In other words, the punitive fine imposed by a civil jury should not be greater than the harm the jury found a defendant caused to a plaintiff by its wrongful act.

 

As a matter of law, this was a remarkable ruling — a hyper-activist, policy-driven, non-originalist action by a faction of the Court that claims to defer to legislative determinations or seek its legitimacy in the Constitution, law or strongly rooted history. And the policy choices made by the Court are not only corporate-friendly and harmful to the victims of corporate wrongdoing and the environment, they are remarkably poorly argued.

The real premise of the Court’s decision, written by Justice Souter, is that “American punitive damages have been the target of audible criticism in recent decades,” but it is forced to acknowledge in the same sentence that these criticisms are ill founded. There is no problem of runaway awards, the Court concedes; and punitive damage awards are rising in neither frequency nor amount. Thus the Court is forced to rely on a purported problem of unpredictability in punitive damage awards, even as it acknowledges that appellate courts routinely overturn or limit outlier awards. (Indeed, the original Exxon punitive verdict had been $5 billion.)

 

Concluding that more predictability is needed, the Court determines that some formula to restrict punitives is appropriate. It settles on the idea of a ratio to compensatory damages. Many states have adopted such ratios, so they seem like a good idea, the Court concludes. A plurality of states have a ratio of 3:1, but having relied on the state experience as the rationale for adopting a federal maritime rule, the Court then declares that the state rules are too different to set the right ratio.

Instead, the Court says it bases its assessment of a reasonable ratio on juries’ actual awards — the very juries it is trying to constrain. The median punitive damage award is less than the compensatory award, so the Court settles on a 1:1 ratio. The Court states, “we would expect that awards at the median or lower would roughly express jurors’ sense of reasonable penalties in cases with no earmarks of exceptional blameworthiness within the punishable spectrum.” You can read that a few times. It still won’t make sense.

In a very concise dissent, Justice Stevens takes apart the majority argument. In short, he writes, if Congress has not acted, and there are no constitutional issues (none were involved in this case), then appellate courts should review punitive awards and overturn them only if they constitute an abuse of discretion. If the only problem is a few outlier awards, then appellate review easily solves the problem.

 

“On an abuse-of-discretion standard, I am persuaded that a reviewing court should not invalidate this award,” Justice Stevens wrote. “In light of Exxon’s decision to permit a lapsed alcoholic to command a supertanker carrying tens of millions of gallons of crude oil through the treacherous waters of Prince William Sound, thereby endangering all of the individuals who depended upon the sound for their livelihoods, the jury could reasonably have given expression to its ‘moral condemnation’ of Exxon’s conduct in the form of this award.”

Left unstated, but most important for the purpose of deterring bad corporate behavior, is that the very unpredictability disdained by the Court’s majority is one of the core benefits of punitive damages. Corporations are not people, and the Court’s rhetoric about preserving a “sense of fairness in dealing with one another” is inapposite as regards corporations’ wrongful acts against real people. The point that corporations are not people is not just rhetorical; they have different forms of calculus and are differently affected moral restraints. The possibility of facing an outlier punitive verdict for wrongful conduct is a needed control on corporate recklessness.

 

The direct precedential value of the Exxon decision is limited, because it was issued in the confines of maritime law, and includes some caveats. But it will cast an ominous shadow over state and federal court decisions on punitive damages for years to come.

Dr. James Hansen, the NASA climatologist who was one of the first to sound the alarm on global warming and who has refused to capitulate in the face of Bush administration efforts to silence him, does not specialize in the law but he offers a far keener sense of justice than did the Supreme Court.

“CEOs of fossil energy companies know what they are doing and are aware of long-term consequences of continued business as usual,” Hansen told a Congressional committee. “In my opinion, these CEOs should be tried for high crimes against humanity and nature” for spreading doubt about global warming and obstructing needed action.

This notion of justice suggests individual as well as organizational responsibility; insists on connecting the predictable and intended consequences to ultimate instigators without being distracted by intervening factors; and refuses to let perpetrators establish rules to legitimize their conduct.

 

However, Hansen noted, “conviction of ExxonMobil and Peabody Coal CEOs will be no consolation, if we pass on a runaway climate to our children.”

Even more significant than Hansen’s call for prosecution of CEOs for crimes against humanity was his description of his latest research. Hansen and colleagues have concluded that the safe level of atmospheric carbon dioxide — the level below which catastrophic, self-reinforcing climate change can be averted — is considerably lower than previously thought. Not only must the world slow its carbon emissions, Hansen argues, it must reduce atmospheric carbon from current levels. This remains achievable, Hansen believes, if immediate, far-reaching action is taken.

A society reveals its values in what it tolerates and proscribes, in what it authorizes and punishes. The U.S. Supreme Court held that basic fairness means that Exxon, which made more than $40 billion in profits last year, should not be slapped with a $2.5 billion punitive verdict. Representing humanity’s better face. Dr. James Hansen asserted that the basic principles of justice and accountability to which street criminals are held should be applied to the rich and powerful, particularly when their intentional actions recklessly endanger the lives of not just one or two or five people, but millions.

 

The Supreme Court signaled that ExxonMobil should continue business as usual. Hansen said that business as usual is intolerable.

“In my opinion,” Hansen said, “if emissions follow a business-as-usual scenario, sea level rise of at least two meters is likely this century. Hundreds of millions of people would become refugees. No stable shoreline would be reestablished in any time frame that humanity can conceive.”

 

Robert Weissman is editor of the Washington, D.C.-based Multinational Monitor, and director of Essential Action.

 

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Neoliberal Capitalism in an Apocalyptic Mood

Skrevs i Blogroll den juli 11, 2008 av neo

An apocalyptic mood has seized the highest levels of global capital as the global financial system continues to implode. This implosion is but the latest financial crisis to wrack global capitalism. Financial crises are inevitable since capitalist growth has increasingly been driven by speculative bubbles such as the housing bubble in the United States. The increasingly uncontrolled financial gyrations stem from the increasing divergence between an expansive financial economy and a stagnant real economy. This “disconnect” stems from the persistent stagnationist trends in the real economy owing to overproduction or overcapacity. The search for profitability is capitalism’s driving force, and increasingly, significant profits can only be obtained from financial speculation rather than investment in industry. This is, however, a volatile and unstable process since the divergence between momentary financial indicators like stock and real estate prices and real values can proceed only up to a point before reality bites back and enforces a “correction.” The bursting of the US housing bubble is one such correction, and it is leading not only to a recession in the US but to a global downturn owing to the unprecedented level of integration fostered by corporate-led globalization. It will not be easy to restore dynamism by fostering another speculative bubble, for instance, by resorting to “military Keynesianism.”

 

 

Klaus Schwab, key organizer of the Davos elite jamboree

 

(San Francisco, Feb. 17, 2008). Skyrocketing oil prices, a falling dollar, and collapsing financial markets are the key ingredients in an economic brew that could end up in more than just an ordinary recession. The falling dollar and rising oil prices have been rattling the global economy for sometime, but it is the dramatic implosion of financial markets that is driving the financial elite to panic.

Capitalist Apocalypse?

And panic there is. Even as it characterized Federal Reserve Board Chairman Ben Bernanke’s deep cuts amounting to a 1.25 points off the prime rate in late January as a sign of panic, the Economist admitted that “there is no doubt that this is a frightening moment.” The losses stemming from bad securities tied up with defaulted mortgage loans by “subprime” borrowers are now estimated to be in the range of about $400 billion, but, as the Financial Times warned, “the big question is what else is out there” at a time that the global financial system “is wide open to a catastrophic failure.” What is “out there” is suggested by the fact that it has only been in the last few weeks that a series of Swiss, Japanese, and Korean banks have owned up to billions of subprime-related losses. The globalization of finance was, from the beginning, the cutting edge of the globalization process, and it was always an illusion to think that the subprime crisis could be confined to US financial institutions, as some analysts had thought.

Some key movers and shakers sounded less panicky than resigned to some sort of apocalypse. At the global elite’s annual weeklong party at Davos in late January, George Soros sounded positively necrological, declaring to one and all that the world was witnessing “the end of an era.” World Economic Forum host Klaus Schwab spoke of capitalism getting its just desserts, saying, “We have to pay for the sins of the past.” “It’s not that the pendulum is now swinging back to Marxist socialism,” he told the press, “but people are asking themselves, ‘What are the boundaries of the capitalist system?’ They think the market may not always be the best mechanism for providing solutions.”

Ruined Reputations and Policy Failures

While some appear to have lost their nerve, others have seen the financial collapse diminish their stature.

As chairman of President’s Bush’s Council of Economic Advisers in 2005, Ben Bernanke attributed the rise in US housing prices to “strong economic fundamentals” instead of speculative activity, so is it any wonder, ask critics, why, as Fed Chairman, he failed to anticipate the housing market’s collapse stemming from the subprime mortgage crisis? His predecessor, Alan Greenspan, however, has suffered a bigger hit, moving from iconic status to villain of the piece in the eyes of some. They blame the bubble on his aggressively cutting the prime rate to get the US out of recession in 2003 and restraining it at low levels for over a year. Others say he ignored warnings about aggressive and unscrupulous mortgage originators enticing “subprime” borrowers with mortgage deals they could never afford.

The scrutiny of Greenspan’s record and the failure of Bernanke’s rate cuts so far to reignite bank lending has raised serious doubts about the effectiveness of monetary policy in warding off a recession that is now seen as all but inevitable. Nor will fiscal policy or putting money into the hands of consumers do the trick, according to some weighty voices. The $156 billion stimulus package recently approved by the White House and Congress consists largely of tax rebates, and most of these, according to New York Times columnist Paul Krugman, will go to those who don’t really need it. The tendency will thus be to save rather than spend the rebates in a period of uncertainty, defeating their purpose of stimulating the economy. The specter that now haunts the US economy is Japan’s experience of virtually zero growth per annum and deflation in the nineties and early part of this decade despite one stimulus package after another after Tokyo’s great housing bubble deflated in the late 1980’s.

The Inevitable Bubble

Even as the finger-pointing is in progress, many analysts remind us that if anything, the housing crisis should have been expected all along. The only question was when it would break. As progressive economist Dean Baker of the Center for Economic Policy Research noted in an analysis several years ago, “Like the stock bubble, the housing bubble will burst. Eventually, it must. When it does, the economy will be thrown into a severe recession, and tens of millions of homeowners, who never imagined that house prices could fall, likely will face serious hardship.”

The subprime mortgage crisis was not a case of supply outrunning real demand. The “demand” was largely fabricated by speculative mania on the part of developers and financiers that wanted to make great profits from their access to foreign money that flooded the US in the last decade. Big ticket mortgages were aggressively sold to millions who could not normally afford them by offering low “teaser” interest rates that would later be readjusted to jack up payments from the new homeowners. These assets were then “securitized”with other assets into complex derivative products called “collateralized debt obligations” (CDO’s) by the mortgage originators working with different layers of middlemen who understated risk so as to offload them as quickly as possible to other banks and institutional investors. The shooting up of interest rates triggered a wave of defaults and many of the big name banks and investors– including Merrill Lynch, Citigroup, and Wells Fargo–found themselves with billions of dollars worth of bad assets that had been given the green light by their risk assessment systems.

The Failure of Self Regulation

The housing bubble is but the latest of some 100 financial crises that have swiftly followed one another ever since Depression-era capital controls began being lifted at the onset of the neoliberal era in the early 1980’s. The calls now coming from some quarters for curbs on speculative capital have an air of déjà vu to many observers. After the Asian Financial Crisis of 1997, in particular, there was a strong clamor for capital controls, for a “new global financial architecture.” The more radical of these called for currency transactions taxes such as the famed Tobin Tax that would slow down capital movements or for the creation of some kind of global financial authority that would, among other things, regulate relations between northern creditors and indebted developing countries.

Global finance capital, however, resisted any return to state regulation. Nothing came of the proposals for Tobin taxes. Even a relatively weak “sovereign debt restructuring mechanism” akin to the US Chapter Eleven to provide some maneuvering room to developing countries undergoing debt repayment problems was killed by the banks despite its being proposed by Ann Krueger, the conservative American deputy managing director of the IMF. Instead, finance capital promoted what came to be known as the Basel II process, described by political economist Robert Wade as steps toward global economic standardization that “maximize [global financial firms'] freedom of geographical and sectoral maneuver while setting collective constraints on their competitive strategies.” The emphasis was on private sector self surveillance and self policing aiming at greater transparency of financial operations and new standards for capital. Despite the fact that it was Northern finance capital that triggered the Asian crisis, the Basel process focused on making developing country financial institutions and processes transparent and standardized along the lines of what Wade calls the “Anglo-American” financial model.

While there were calls for regulation of the proliferation of many of the new, sophisticated financial instruments such as derivatives being placed on the market by developed country financial institutions, these got nowhere. Assessment and regulation of derivatives were to be left to market players who had access to sophisticated quantitative “risk assessment” models that were being developed.

Focused on disciplining developing countries, the Basel II process accomplished so little in the way of self regulation of global financial from the North that even Wall Streeter Robert Rubin, formerly Secretary of the Treasury under President Clinton, warned in 2003 that “future financial crises are almost surely inevitable and could be even more severe.”

As for risk assessment of derivatives such as the “collaterized debt obligations” (CDOs) and “structured investment vehicles” (SIVs)-the cutting edge of what the Financial Times has described as “the vastly increased complexity of hyperfinance”–the process collapsed almost completely, with the most sophisticated quantitative risk models left in the dust as risk was priced according to one rule by the sellers of securities: Underestimate the real risk and pass it on to the suckers down the line. In the end, it was difficult to distinguish what was fraudulent, what was poor judgment, what was plain foolish, and what was out of anybody’s control. As one report on the conclusions of a recent meeting of the Group of Seven’s Financial Stability Forum put it:

[T]here is plenty of blame to go around for the fi