What if the government is disobeying law? What if this whole show is an illegal farce? What is worse than failure?
Consider “The Underlying Fraud In Banking” from The Market Ticker. Lest you mistakenly assume this article presents fringe conspiracy theory, check the intro:
Ok tinfoilers, this is not what you think it is; I’m sure many of you came here and started to read because you thought I was going to rant about fractional reserves or the lack of “sound money.”
Sorry, no dice.
No, I’m going to talk about the inherent fraud over the last five or so years in the housing (and other lending) markets, and it is NOT where you think it is.
The author meticulously outlines fraudulent lending practices and securitization schemes as well as regulatory failures, all apparently against the law. Read all these details for yourself. This is important stuff.
After walking through the mortgage-securitization-oversight mess, the author continues:
Got it?
This is really pretty simple - there must be a leverage limit and the OTS, OCC and FDIC must enforce that limit to insure that banks do not fall into being undercapitalized.
Further, no bank may make a capital distribution (pay a dividend) or pay a management bonus if before or after doing so it would be undercapitalized.
Where has this supervision been?
Note that Geithner and President Obama have continued this nonsense, and Geithner is one of the people personally culpable for ignoring the law in the first place.
What will stop this blatant lawlessness?
Certainly not Congress. Ben Bernanke was before Congress this last week and guess what: Not one question about the law compelling him (and the other regulators) to act before banks become insolvent.
Now President Obama has released his budget which provides for even more bailouts - a potential $750 billion “second round.”
Yet the law under which we are supposed to operate in this country makes clear that this sort of policy decision is directly contrary to statute; instead, the law by its black letter requires banks to be taken into receivership before they become insolvent.
And oh by the way, the regulators are not allowed (by that law) to ignore off-balance sheet obligations either. Uh uh - they are required to take action before the insolvency occurs irrespective of how - and they did not.
In fact the banks have self-declared their non-compliance with that statute as noted in The Ticker right here (“Our Tier 1 Ratio Is Strong!”) once again last night!
This “self-declaration of insolvency” in fact goes back to Washington Mutual’s original1Q 2007 report that set me off and started me writing Tickers back in April of 2007!
We are in fact talking about what amounts to nearly two years of this nonsense to date, and through the fall of 07 into the early part of 08 the MLEC garbage (and friends after it went down in flames) makes clear that regulators, including Treasury and The Fed knew exactly what the state of these firms was and willfully ignored it.
There is not a policy “decision” allowed here guys and dolls - this is black letter statutory language that compels a certain set of actions - statutory language put in place after the last time we were here (the S&L crisis) that was intended to prevent the damage ($150 billion) that was done to our nation the last time!
This time around we’re at $750 billion with another $750 in “placeholders” in the budget - that is, fully ten times as much damage, and yet the black letter law of the land says that this approach is directly contrary to the statute.
What are the implications of this allegedly criminal behavior?
..the underlying reason we have seen a market collapse is not due to economic recession.
Recessions are not “abnormal”; they come about due to the human condition - people are both too ebullient and too fearful. “Animal spirits” include both reaching for a brass ring and cowering in the corner, contrary to the Wall Street myth that such is only a “positive” thing.
No, we have seen this collapse because “The Bezzle” has reached into literally every corner of our financial system and government and nobody has been held to account.
When the S&L crisis happened only a few people went to jail, even though thousands committed felonies. When the Internet Bubble blew up only a few went to jail even though it is trivially easy to identify thousands who flatly lied about growth metrics - and that’s just one place they were lying in their annual and quarterly reports.
As we have continued to tolerate “The Bezzle” it has become clear to people in all financial areas that they can lie and get away with it. That the odds of being caught, say much less prosecuted, are so trivial that it’s definitely worth the risk.
So how does it end?
This - up and down the line - from the intentional lack of prosecution to willful refusal to follow the law to utter stupidity in criminal sanction - is the essence of “The Bezzle” and it is why capital has fled.
It also, however, points out an essential truth about any future recovery in our economy and banking system - it won’t happen until “The Bezzle” is muzzled to a significant degree.
It is too much to expect that we will ever get rid of “The Bezzle” entirely. That’s simply not going to happen - there will always be cheats, liars and frauds.
However, until those who commit such crimes and blatantly ignore the black letter of the law are held to account on a consistent basis, thereby destroying the belief that this sort of criminal activity is “free of material risk”, there can be no meaningful recovery of economy progress.
We can either demand and obtain this change in policy and attitude now as Americans, or the market will do it for us by continuing to tank and forcing these firms and examples into the open where they are destroyed. The unfortunate reality, however, is that the latter course - refusing to face this and allowing the inevitable market implosion to do that which we refuse to through law enforcement - will also take down tens of thousands of sound companies who also see their capital base removed while their obligations remain.
Bluntly put - Congress and The Administration must, right here and now, compel these regulators to follow the law or remove them from their positions of power.
This had to be done two years ago and it still needs to be done.
There is no way to stop the bleeding in our capital markets - both credit and equity - until this occurs. It will happen; we are only choosing the means and where we want to confine the risk to.
If we continue down the path we are on now we are risking the meltdown of the United States Federal Government;
How’s it looking today?
The Fed knows that it is holding a bunch of crap and is threatened by the “value” (or lack thereof.) If they shove that off onto Treasury then the detonation of over $1 trillion in bad debt will occur on the government’s balance sheet, which will (1) cause a dramatic move upward in Treasury interest rates, (2) translate into all other forms of debt and (3) result in exactly the same collapse that happened in the 1930s - but it will be far worse in degree, since we are far more in debt now than then.
As things stand today I have no confidence whatsoever that The Obama Administration has any intention to act according to law any more than George Bush’s Administration did.
As a consequence until and unless the government’s position and actions change my “base case” economic forecast must remain bearish and over time continue to grow more bearish; without the 2/3rds of all capital that is private in our economy, even with supplanting of that capital from the government (to the extent it is able) I believe we are looking at a potential 30% contraction in GDP from top to bottom and unemployment reaching north of 20% on U-6 (broad form), with the very real possibility of a 20% headline number.
We are headed for an Economic Depression worse than the 1930s at Warp Speed folks, and it is not going to happen because of “fundamentals” or even because “the credit markets froze up.”
No, it is going to happen because both the Bush and Obama administrations are intentionally, with malice aforethought, ignoring the black-letter law of the land for the purpose of covering up their own malfeasance and misfeasance, and neither political party or the American People will get off their fat asses and demand that it be stopped.
Your job, prosperity and wealth are on the line America - right here, right now.
This is not some abstract failure in the market - this is a series of actions that have been taken with the full intention of screwing you, by both Democrats and Republicans, so that a handful of robber barons masquerading as capitalists do not have to face the music for their acts.
How bad can it get? Have a look at these charts folks over at Calculated Risk. They’re sobering - and if the lawlessness does not stop we are just getting started.
Is it possible that a theft of this magnitude is being perpetrated right before our eyes in the United States of America?
What builds trust? What destroys it? What store of value is safe? What happens next?