Share

Bank Plan Leaves Out Prosecution and Compensation

by: Matt Renner, t r u t h o u t | Report

photo
Treasury Secretary Timothy Geithner. "Geithner and Summers have been criticized for their ties to Wall Street and their role in the failure of the system they are now working to save." (Photo: Reuters Pictures)

    Washington - Today, the Obama administration will present a plan for reregulating the financial industry - one of the most highly anticipated policy reforms on the president's long list. But critics charge that the key to the future of the financial system is accountability for crimes.

    The collapse of the financial industry and the subsequent government bailouts have enraged Americans, who see their government using tax dollars to save a system which failed to protect the interests of the little people. Now that the world financial system has taken as small step back from the brink of disaster, Americans want to see how much control and protection their unprecedented lending has bought them.

    The president's top economic advisers, Treasury secretary Timothy Geithner and Director of the National Economic Council Lawrence Summers, outlined the planned reforms in an op-ed piece published in The Washington Post on Monday.

    In summary, the administration's plan is to: 1) prevent banks from overlending, 2) put the Federal Reserve in charge of overseeing financial institutions whose collapse could threaten the entire system (think A.I.G.), 3) increase reporting and transparency to give investors more information about complicated financial products like the infamous mortgaged-backed security in an attempt to create less reliance on the controversial credit ratings agencies, 4) regulate derivatives (a proposal Summers fought and helped defeat as treasury secretary under President Clinton), 5) "offer a stronger framework for consumer and investor protection across the board," 6) give the government the power to wind down nonbank financial institutions in crisis (as they can now with failed banks under the rules of the Federal Deposit Insurance Corporation), and 7) "lead the effort to improve regulation and supervision around the world."

    Critics point out that two vital issues are not being talked about: excessive compensation for Wall Street executives and prosecution for those who committed crimes.

    "Compensation is not mentioned. But excessive compensation is at the heart of the problem. It creates a massive mis-alignment between the interest of the CEO's, who are short-term self-servers, and the long-term interests of the bank as a going concern [a healthy company]," University of Texas economist James K. Galbraith told Truthout.

    "[Excessive compensation] divorces the top management from public purpose, which banks as chartered institutions should serve. The compensation issue is not a matter of punishment or populism - it is the heart of the problem of a predatory corporate culture."

    An in-depth interview with Professor Galbraith on the subject of regulation can be read here.

    Recently, the Obama administration backed off a proposed $500,000 pay cap for executives at bailed-out financial firms, opting instead to appoint Washington lawyer Kenneth Feinberg to oversee the salaries and bonuses of executives at seven rescued financial institutions. System-wide caps have not been proposed.

    In their outline, Geithner and Summers avoided casting blame on anyone in particular for the collapse.

    That's a problem, according to criminologist, University of Missouri law professor and veteran of the Savings and Loan crisis, Professor William K. Black.

    "The administration has made some general comments about the importance of prosecutions, but has not taken the concrete steps essential to addressing the 'epidemic' of mortgage fraud that the FBI publicly identified in its Congressional testimony in September 2004. [The administration's] strongest comments have stressed its opposition to reviewing and exposing the crimes and blunders that caused the global financial crises," Black said in an email to Truthout, adding, "We need an honest diagnosis about what caused the epidemic and how our systems designed to prevent fraud failed coupled with a top priority effort to investigate and prosecute the senior officers, for example, the officers at the top of the largest non-prime loan specialists, that led the most destructive losses."

    Black discussed the fraud underlying the financial crisis in an interview with Bill Moyers.

    Both Galbraith and Black stressed that putting the Federal Reserve in charge of regulating financial institutions, the failures of which could destabilize the whole financial system, would be a mistake.

    "[The Federal Reserve] has a huge conflict of interest, since it will always justify a bailout by the necessity of saving the system," Galbraith said, adding, "Putting it in charge is like putting a travel agency in charge of investigating airline crashes."

    The administration's goals were reiterated and expanded upon in a background briefing from a senior Obama administration official on Tuesday evening.

    The senior Obama administration official, speaking on background, went into detail about the creation of a new consumer protection agency, which will have "broad authority to write rules ... supervise and examine any institutions, banks and non-banks. It will be the primary enforcer of consumer protection law across the financial sector so we can level up the playing field ...We need to start fresh, we need a clean break from the past on consumer protection."

    UC Berkeley linguistics Professor George Lakoff said that the Obama administration has a lot of work to do if they want to push back against the right-wing Republican charges of "socialism."

    "These are economic problems that they know very well. The question is how are they communicating them to the public. We have not seen clear communications on this. Communication is absolutely crucial. There is a difference between 'taking over,' and 'regulating.' That difference has not been made clear by the administration. They have not named and discussed the difference. As a result Republican scare-tactics have been working their way across the country, which is why the administration has been on the defensive," Lakoff told Truthout in an interview, adding, "It is very important that they talk about the difference between responsible capitalism and irresponsible capitalism. Their job is to maintain responsible capitalism and they need to say that."

    Geithner, Summers and Wall Street

    Geithner and Summers have been criticized for their ties to Wall Street and their role in the failure of the system they are now working to save.

    Prior to joining the Obama administration, Geithner was the president of the Federal Reserve Bank of New York, where he was a powerful regulator tasked with overseeing the activities of Wall Street banks from 2003 to 2009, arguably the most profitable and reckless period on Wall Street since the years leading up to the Great Depression.

    Summers, a Harvard economist, served throughout the Clinton administration, eventually becoming treasury secretary during Clinton's final year and a half. An anti-regulator, Summers hailed the repeal of key banking restrictions passed in 1933. Critics point to this specific deregulation as a key component of today's subprime mortgage crisis. Summers joined with then-Chairman of the Federal Reserve Alan Greenspan to quash calls for regulating the now-infamous credit default swaps - the suicide vests that financial institutions like American International Group (A.I.G.) threatened to detonate if not bailed out.

    Summers's ties to Wall Street go much further. His financial disclosure forms, released in April, show that he collected around $5.2 million from a hedge fund during the year before he joined the Obama administration. Also during 2008, while serving as one of Obama's informal economic advisers, but before officially joining the team, Summers collected speaking fees from troubled financial institutions including JP Morgan Chase, Citigroup, Goldman Sachs, Lehman Brothers and Merrill Lynch. For these and other speeches, Summers earned over $2.7 million.

  

»


Matt Renner is the Director of Development at Truthout. He can be reached at Matt@truthout.org.

Comments

This is a moderated forum.  It may take a little while for comments to go live. Be civil and on-topic, don't threaten or advocate violence, please keep it under 300 words. Thanks for participating.

Crimes without punishment

Crimes without punishment (which has happened many times in the pinnacles of our financial system), leads to scheming for more crime in the "new system". Mr. O. has to put teeth into the system by prosecuting known criminals disguised as CEOs and board members.

Does this surprise anyone?

Does this surprise anyone? This article serves more as confirmation that the Obama administration has been vetted by the same "financial" institutions that have ripped the public off to the tune of trillions of dollars, than it does as any alert to the American people that special interests have slipped a few mickies into stout new regulation. It seems those that embraced Obama so heartily really didn't care about his ties (read millions in campaign contributions) to the financial sector. And to be fair, Obama kept that dirty little "secret" hidden as much as he could while he campaigned on his populist platform of reform, reform, reform. I wonder how many Obama supporters feel duped these days. Well it's too late anyway. It's important to reiterate that Geithner used, and continues to use, all his power in the service of the banksters, not as a regulator. The new so-called regulations sound like an attempt to cover it all up, as much as anything else. Tell me, what is it that has changed, except for millions more people living a more uncomfortable and uncertain life? One more thing: putting the Fed in charge of the crooks is ludicrous, and almost no one save the crooks will take comfort in that move.

How is anyone surprised by

How is anyone surprised by this -- Geithner used to work for the Fed Reserve of NY... and the Fed is not a govt institution -- it's conglomerate of private banks. He's in bed with all of these bankers and is no better than Paulson or Bernake. If Obama really wants to make a change, he's going to have to replace Geithner.

Who's Your Daddy??!! Any

Who's Your Daddy??!! Any remaining doubts about who owns and runs this country should be dispelled by this most recent news. The Banksters have taken over and will loot us until we are truly destitude unless We The People pick up the phone and harangue our congressmen mercilessly until they get the message. Audit the Federal Reserve Bank - support HR 1207.

Too big to fail, too

Too big to fail, too powerful to punish, too arrogant to care. Key words: big, powerful, arrogant. Sounds like a bully.

Ha .. I hope this doesn't

Ha .. I hope this doesn't actually surprise anyone. I think myself.. I've come to the conclusion that the economic system needs to fully crash.. implode.. fail. The corporate suits - need to be pushed the heck out of there period and never be let back in... only then is the world going to actively seek out different, better ways for the human race to move on, step forward, evolve. Right now - when I read the news everyday - I see a bunch of greedy people at the top, grappling for every possible cent they can plop into their bank account -- do they NOT get it ? People are starving lol - dying without health care - Living with no roof over their heads.. no jobs..no hope..nothing... maybe the problem.. isn't that they don't get it.. but more that they don't care.. THEY have created this dust bowl that everyone is choking on right now. When Americans finally realize this.. perhaps it will stir them up enough, to raise their own fist against this type of globalized, monopolized capitalistic man made drowning pool that we live in today :) I look at Iran- right now .. at what the people are doing.. and I envy them. Those people have more guts.. then I will ever hope to know in my life time. They don't particularly know if the leader they long for will be better for them - but they are willing to stand up for the mere chance that perhaps it will be better. Just a mere chance. That's what I hope for with my kids heading out into the world now.. just a mere chance.. I sit here thinking of what advice I should give them.. should I encourage them to become corporate slaves ? Or should I tell them.. to live their lives exactly how they want to..

HR 1207 needs 60 more

HR 1207 needs 60 more sign-ons as co-sponsors in the House to become veto-proof. It will be hard to de-fang it in the Senate if it gets this kind of majority in the House. If it passes the House with this majority, it will be bi-partisan (which Obama has been saying he wants). With it carried by Bernie Sanders in the Senate, we have an interesting right/left interesting continuum supporting the transparency we were promised. The powers-that-less-be in the House want to get the lid off the can of leeches. We will see what the powers-that-be-more try to do to the lesser for this, but it could be it's a page from the street-people in Iran. Too many, and there just aren't straight shots. Some of the big corporations might be well advised to start getting their designated perp-walkers ready. As for the congressfolks who may be implicated, they only slapped McCain's hands in the S&L mess. In the Great Depression, I'm told, they didn't get to the perp-walk thing 'til almost the end. Maybe we can shorten things up this time.

The Big Bucks keep getting

The Big Bucks keep getting passed out to the guys who looted the store. . .The way it works is this way: The fox was put in charge of guarding the henhouse. He did a wonderful job keeping every one ELSE out! And, was able to eat all the chickens at his leisure. Having no more chickens to eat, the Fox broke into the farmer's house and looted his safe. . .Took all the money and hid it in a safe place (Grand Cayman--aptly named for a crocodile)! When this was discovered, the Fox was rewarded with a Big Bonus of Cash. . ."Just back your truck up to MY vault," he was told. Oh, you don't have a truck? Not a problem. . .Use this gas-guzzler that we got FREE from GM!" . . .Now it turns out, a guard is needed for the henhouse after it has been re-stocked with chickens. . .And, we have all these EXPERIENCED foxes . . .So, guess who gets the job?? Bingo! You got it right the first time! "What?" you ask, "Aren't these the same foxes who ate the first batch and chickens and stole all that money?? Shouldn't we be putting them in jail?" "Nah! That's all behind us now! Let bygones be bygones! Besides, they're familiar with the Rules of The Game. . .No point in re-inventing the Wheel!"

And what did we expect,

And what did we expect, CHANGE? Not from president O-scama and his Bilderberg-CFR confidantes. As the Bush Mafia said after their stolen elections, "Get Over It!" The only change American will get is SPARE CHANGE, if any at all.

Our oligarchs run the

Our oligarchs run the show...maybe our twitterings will get rid of these guys. It would be nice if our paid and bought off Solon's worked on eliminating fraud and punishing the fraudsters.(Note: these people should be put in jail but they are currently running the show in Wall Street, the Fed and the Treasury Dept.) What was the fraud and how did it work? How was straw was turned into gold and sold to rubes the world over: How easy is it for the big timers on Wall Street to take your hard earned money? Let us count the ways. The biggest scam ever was the subprime mortgage business (1). Credit was so easy (2) that anyone with a pulse (3) was given a junk mortgage, these, in turn, were shoveled through the doors of the banks and insurers like AIG (4). Next, our best and brightest bankers prevailed (5) upon the rating agencies to label the junk as AAA securities. These “troubled assets” were then sliced and diced, securitized , leveraged 30x and sold around the world as if they were gold (6). The business was such a money machine that it was impossible to say no to it. When the housing bubble burst, people lost their life savings, and countries went down. (Take particular notice of the "securitization" part. This is the way they turn junk into gold. They can do this any day of the week, including Sundays: beware when Madoff or Summers knocks on your door!) Capitalism has finally developed its own economic weapons of mass destruction: cdo's, quants, credit default swaps, securitization, mega-million dollar salaries. Combine this with the usual greed, fraud and avarice and you have a killer system. Except it will kill itself.

Change We Can Believe

Change We Can Believe In--with the permission of the financial and insurance industries.

Note the pattern here: "we

Note the pattern here: "we have to move forward". The Obama folks say the same thing about the crimes against humanity during the Bush/Cheney regime. Again Obama is a true believer; he doesn't want the system challenged. In fact, the US system is fundamentally sick. It needs some radical reform or freedom may turn into a memory here.

Mere size of compensation is

Mere size of compensation is not the most serious problem. Most serious is that compensation is out of line with the welfare of the corporation and the health of the economic system. Since compensation is short-term and the health of corporations and the economic system are affected over a long term, ingenuity is required to construct an incentive system that brings the three factors into sync. Punishment of offenders for past behavior will have a cathartic effect for past victims, but it is the incentive system (including a credible threat of punishment for future transgressions) that will govern future behavior.

I'm with "Kate," the person

I'm with "Kate," the person who wrote in and said it will probably take a complete meltdown for Americans ever to wake up fully and realize that their democracy's gone and the financiers took it, took it along with the weasels in the media, the military, the secret services, and in Washington. I too saw the Iranian crowds and thought, "It won't happen here." We've stood by as Reagan, Bush, Clinton, Bush, now Obama kept inching us all closer to nothing. Now that we have paid the rich 9.5 trillion dollars (the Bailout) and got squat back for it and the city and state governments are completely broke, we can watch as these same Conglomko types privatize everything and we're paying double and triple prices for what our tax money paid for. We'll be paying tolls, fees, and high prices for everything. Conglomko has destroyed the American dream.

This bank plan is a step in

This bank plan is a step in the right direction and calls for support. The sooner it is done the better. The issues of compensation and prosecution can wait for the moment. Let us hope that the "Compensation" issue will ultimately be addressed by a new tax code. Raise the top rate to 90%, which it was during the Eisenhower Administration. Getting it back to 50 - 70% will satisfy me. As for the "Prosecution" issue - developing any legal case, either criminal or civil, takes time and great effort. It's called having a solid case. One of the major culprits - Mozolla (sp?) of Countrywide Financial (bad mortgages started here) is currently being sued in a civil suit. Remember - "the wheels of justice grind slowly, but exceedingly fine". So take heart. It's like a basketball game. You have to set it up. Obama is no fool.