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TRUTHLOVER

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Robert Reich | The Remarkable Political Stupidity of Wall Street in Filing a Lawsuit against Commodities Futures Trading Commission in order to overturn CFTC's new rule limiting speculative trading | Truthout

Seeded on Mon Dec 12, 2011 8:46 AM EST
Read ArticleArticle Source: Truthout - All Articles
politics
Seeded by truthlover
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Every week, it seems, we learn something new about how Wall Street has screwed us. Last week we heard from Bloomberg News (that had to go to court for the information) that in 2009 the Street’s six largest banks borrowed almost half a trillion dollars from the Fed at nearly zero cost – but never disclosed it.

In early 2009, after Citigroup tapped the Fed for almost $100 billion, the bank’s CEO, Vikram Pandit, had the temerity to call Citi’s first quarter the “best since 2007.” Is there another word for fraud?

Finally, everyone knows the biggest banks are too big to fail — and yet, despite this, Congress won’t put a cap on the size of the banks. The assets of the four biggest – J.P. Morgan Chase, Bank of America, Citigroup, and Wells Fargo – now equal 62 percent of total commercial bank assets. That’s up from 54 percent five years ago. Throw in Goldman Sachs and Morgan Stanley, and these six leviathans preside over the American economy like Roman emperors.

Speaking of Rome, if Italy or Greece defaults and Europe’s major banks can’t make payments on their debts to Wall Street, another bailout will surely be required. And the politics won’t be pretty.

There you have it. A federal court will now weigh costs and benefits of a modest rule designed to limit speculative trading in food and energy.

But in coming months and years, the American public will weigh the social costs and social benefits of Wall Street itself. And it wouldn’t surprise me if they decide the costs of the Street as it is far outweigh the benefits.

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  • Public Discussion (28)
truthlover

Maybe politically stupid--but the 99% don't trust them anyway and the 1% keep benefiting.

If their lawsuit succeeds, as Reich suggests it might, Wall Street will keep looking smart and getting rich.

  • 17 votes
Reply#1 - Mon Dec 12, 2011 8:49 AM EST
truthlover

As Reich points out, this isn't the first time WS has argued a legal case on this point:

It’s not the first time the Street has used this ploy. Last year, when the Securities and Exchange Commission tried to implement a Dodd-Frank policy making it easier for shareholders to nominate company directors, Wall Street sued the SEC. It alleged the commission’s cost-benefit analysis for the new rule was inadequate.

Last July, a federal appeals court – inundated by Wall Street lawyers and hired-gun “experts” – agreed with the Street.

And a contrast of what happens to the big banksters and the rest of us:

The Street’s political clout must be why most top Wall Street executives who were bailed out by taxpayers still have their jobs, have still avoided prosecution, are still making vast fortunes – while tens of millions of average Americans continue to lose their jobs, their wages, their medical coverage, or their homes.

  • 15 votes
#1.1 - Mon Dec 12, 2011 8:53 AM EST
Zoolopolis

Just getting return on investment in SCROTUS.

Citizens United ruled corporations are people, this case'll rule people are Big Bank Soylent Green.

"BANK BAILOUTS ARE PEOPLE!!!"

  • 8 votes
#1.2 - Mon Dec 12, 2011 10:35 AM EST
Oiled Pelican

SCROTUS? Supreme Court R.... of the United States. Thanks.

  • 3 votes
#1.3 - Mon Dec 12, 2011 10:42 AM EST
Idj

Why does this tactic seem so GOP-ish? To hell with what the 'PEOPLE' want! At the very least, these lawsuits will be used as a STALLING technique, to avoid abiding to the law. As the shady activity continues....abetted by the status quo! Like a bank robber filing a lawsuit against criminalizing, bank robbery. Some innocent people 'might' be included in the drag-net?

  • 8 votes
#1.4 - Mon Dec 12, 2011 10:58 AM EST
mountainmike-1199289

It looks GOPISH? Yup! Both parties take corporate money, but ever since the start of the banking reform legislation, Republicans have been raking in lobbyist money hand over fist from Wall Street. They gutted the Dodd-Frank bill and now they are sabotaging regulation.

http://www.youtube.com/watch?v=wcXJR7eZ_jQ

Cantor Promises Oil Speculators That GOP Will Block Financial Regulations

Straight from the horse's mouth with no editorializing.

  • 8 votes
#1.5 - Mon Dec 12, 2011 11:37 AM EST
madvargr

SCROTUS? Supreme Court R.... of the United States.

r - its for retards or republicans...also redundancy.

More an allusion to the teabaggers who whore for the corporations against any kind of governmental regulation of financial pirates and parasites that are killing America's middle class.

  • 2 votes
#1.6 - Mon Dec 12, 2011 1:52 PM EST
TPisFORtheBATHROOM101

Speculative trading is a scam. It's similar to cooking the books.

Enron used projected(speculative)profits to boost their stocks even though the money wasn't even there yet and not coming for years. How'd that work out?

  • 1 vote
#1.7 - Mon Dec 12, 2011 4:28 PM EST
Reply
Franklin Paine

The ongoing obstruction of the CFTC is perhaps the best example of unbridled capitalism rendering useless the instruments needed to keep it from getting out of control. The Wall street lobby has been handing the CFTC it's ass since the late '90s when Greenspan, Geithner and Summers teamed up to destroy Brooksley Born's attempts at derivatives regulation (and her career as well).

Not to worry. Although the derivatives market--estimated at $500-$600 trillion--continues to be almost entirely unregulated, I'm sure that Wall street is looking after our best interests...

  • 7 votes
Reply#2 - Mon Dec 12, 2011 10:57 AM EST
truthlover

This is a valuable bit of added information:

The ongoing obstruction of the CFTC is perhaps the best example of unbridled capitalism rendering useless the instruments needed to keep it from getting out of control. The Wall street lobby has been handing the CFTC it's ass since the late '90s when Greenspan, Geithner and Summers teamed up to destroy Brooksley Born's attempts at derivatives regulation (and her career as well).

Thanks.

  • 5 votes
#2.1 - Mon Dec 12, 2011 11:17 AM EST
truthlover

Here's some of the unfortunate history to which Franklin is referring:

Born was appointed to the CFTC on April 15, 1994 by President Bill Clinton. Due to litigation against Bankers Trust Company by Procter and Gamble and other corporate clients, Born and her team at the CFTC sought comments on the regulation of over-the-counter derivatives, a first step in the process of writing CFTC regulations to supplement the existing regulations of the Federal Reserve System, the OCC, and the National Association of Insurance Commissioners. Born was particularly concerned about swaps, financial instruments that are traded over the counter between banks, insurance companies or other funds or companies, and thus have no transparency except to the two counterparties and the counterparties' regulators, if any. CFTC regulation was strenuously opposed by Federal Reserve chairman Alan Greenspan, and by Treasury Secretaries Robert Rubin and Lawrence Summers. On May 7, 1998, former SEC Chairman Arthur Levitt joined Rubin and Greenspan in objecting to the issuance of the CFTC's concept release. Their response dismissed Born's analysis and focused on the hypothetical possibility that CFTC regulation of swaps and other OTC derivative instruments could create a "legal uncertainty" regarding such financial instruments, hypothetically reducing the value of the instruments. They argued that the imposition of regulatory costs would "stifle financial innovation" and encourage financial capital to transfer its transactions offshore. The disagreement between Born and the Executive Office's top economic policy advisors has been described not only as a classic Washington turf war, but also a war of ideologies, insofar as it is possible to argue that Born's actions were consistent with Keynesian and neoclassical economics while Greenspan, Rubin, Levitt, and Summers consistently espoused Austrian, neoliberal, and neoconservative laissez faire policies.

In 1998, a trillion dollar hedge fund called Long Term Capital Management was near collapse. Using mathematical models to calculating debt risk, LTCM used derivatives to leverage $5 billion into more than $1 trillion, doing business with fifteen of Wall Street's largest financial institutions. The derivative transactions were not regulated, nor were investors able to evaluate LTCM's exposures. Born stated, "I thought that LTCM was exactly what I had been worried about". In the last weekend of September 1998, the President's working group was told that the entire American economy hung in the balance. After intervention by the Federal Reserve, the crisis was averted. In congressional hearings into the crisis, Greenspan acknowledged that language had been introduced into an agriculture bill that would prevent CFTC from regulating the derivatives which were at the center of the crisis that threatened the US economy. U.S. Representative Maurice Hinchey (D-NY) asked "How many more failures do you think we'd have to have before some regulation in this area might be appropriate?" In response, Greenspan brushed aside the substance of Born's warnings with the simple assertion that "the degree of supervision of regulation of the over-the-counter derivatives market is quite adequate to maintain a degree of stability in the system". Born's warning was that there wasn't any regulation of them. Born's chief of staff, Michael Greenberger summed up Greenspan's position this way: "Greenspan didn't believe that fraud was something that needed to be enforced, and he assumed she probably did. And of course, she did." Under heavy pressure from the financial lobby, legislation prohibiting regulation of derivatives by Born's agency was passed by the Congress. Born resigned on June 1, 1999.

The derivatives market continued to grow yearly throughout both terms of George W. Bush's administration. On September 15, 2008, the bankruptcy of Lehman Brothers forced a broad recognition of a financial crisis in both the US and world capital markets. As Lehman Brothers' failure temporarily reduced financial capital's confidence, a number of newspaper articles and television programs suggested that the failure's possible causes included the conflict between the CFTC and the other regulators.

Born declined to publicly comment on the unfolding 2008 crisis until March 2009, when she said: "The market grew so enormously, with so little oversight and regulation, that it made the financial crisis much deeper and more pervasive than it otherwise would have been." She also lamented the influence of Wall Street lobbyists on the process and the refusal of regulators to discuss even modest reforms.

An October 2009 Frontline documentary titled The Warning described Born's thwarted efforts to regulate and bring transparency to the derivatives market, and the continuing opposition thereto. The program concluded with an excerpted interview with Born sounding another warning: "I think we will have continuing danger from these markets and that we will have repeats of the financial crisis -- may differ in details but there will be significant financial downturns and disasters attributed to this regulatory gap, over and over, until we learn from experience."

In 2009 Born, along with Sheila Bair of the FDIC, was awarded the John F. Kennedy Profiles in Courage Award in recognition of the "political courage she demonstrated in sounding early warnings about conditions that contributed to the current global financial crisis".

She clearly had courage. And the sense to resign after Congress capitulated to the derivative marketers.

Rubin is now trying to be a good guy--but notice the history.

  • 8 votes
#2.2 - Mon Dec 12, 2011 11:25 AM EST
mountainmike-1199289

Truthlover:

Excellent post.

This also clarifies Alan Greenspan's role in enabling the white collar crime/derivatives fraud wave that collapsed the economy. He also lowered interest rates and printed out trillions of dollars to fuel the crime wave.

The Fed needs to be shut down, especially after the recent audit of their "ghost budget" of $16 trillion going out to favorite banks and bankers in zero percent interest loans, favorite contractors hired to hand out the loans, bail out loans to wives, friends and families and then Fed staff using insider trading information for a profit.

We need to reinvent the concept of a central bank, a concept that protect America from Wall Street instead of protecting Wall Street with a safety need to it doesn't suffer the consequences of its own greedy actions. The Fed has been enabling and protecting Wall Street only while claiming not to know about bank insolvency and fraud.

  • 7 votes
#2.3 - Mon Dec 12, 2011 11:33 AM EST
truthlover

Which, of course, is a lie. The Fed is fully aware of what's going on and lent trillions out under the covers, as you pointed out.

Everyone who hasn't needs to see the recent Oscar Winning Documentary: Inside Job.

The list of "bad" characters even includes POTUS, as well as Geithner and many many others (including of course Greenspan).

  • 4 votes
#2.4 - Mon Dec 12, 2011 12:55 PM EST
Reply
Reliant

Of course they will sue, something is impeding the unbridled run to extract profits from the American people through food and fuel.

  • 6 votes
Reply#3 - Mon Dec 12, 2011 10:57 AM EST
Brian-497171

The greedbeast is never satisfied.

  • 5 votes
Reply#4 - Mon Dec 12, 2011 11:10 AM EST
mountainmike-1199289

To be precise, the Commodities and Futures Trade Commission has a law on the books for years that clearly states that anything that is beyond the natural forces of market supply and demand is illegal. For example, speculator number one buys oil, trades oil at a profit to speculator number two, who trades oil at a profit to speculator number three, etc... By the time oil reaches the pump as gas, it has been traded back and for two or three dozen times with all speculators making a profit. That roughly DOUBLES the price of gas at the pump for average American consumers. That speculation frenzy starts before the tanker leaves port in the Mideast and ultimately ends up with the speculators making more money off of that oil than the people that produced it.

What's seriously wrong with that picture? It causes nation wide inflation as we all depend on gasoline. And it doesn't stop there. The same greedy speculators do the same thing with wheat, rice, corn, sugar, etc... This substantially increases food prices at the grocery store while making famine relief world wide much more expensive and difficult.

Can someone please tell me why we need to grossly overindulge a bankster gang creating nation wide inflation for the sake of their insatiable GREED? That's not the natural market forces of supply and demand, that's GREED at everyone else's expense.

Why is Wall Street still basically headed in the same sociopath direction? No one has been held fully accountable for their white collar crimes. Because there are fewer Wall Street giants now, this group MONOPOLY is more powerful than ever and the country is more vulnerable than ever.

Too Big To Fail? 10 Banks Own 77 Percent Of All US Banking Assets

http://wallstreetsectorselector.com/2011/07/too-big-to-fail-10-banks-own-77-percent-of-all-u-s-banking-assets/

Back during the financial crisis of 2008, the American people were told that the largest banks in the United States were “too big to fail” and that was why it was necessary for the federal government to step in and bail them out. The idea was that if several of our biggest banks collapsed at the same time the financial system would not be strong enough to keep things going and economic activity all across America would simply come to a standstill. Congress was told that if the “too big to fail” banks did not receive bailouts that there would be chaos in the streets and this country would plunge into another Great Depression. Since that time, however, essentially no efforts have been made to decentralize the U.S. banking system. Instead, the “too big to fail” banks just keep getting larger and larger and larger. Back in 2002, the top 10 banks controlled 55 percent of all U.S. banking assets. Today, the top 10 banks control 77 percent of all U.S. banking assets. Unfortunately, these giant banks are also colossal mountains of risk, debt and leverage. They are incredibly unstable and they could start coming apart again at any time. None of the major problems that caused the crash of 2008 have been fixed. In fact, the U.S. banking system is more centralized and more vulnerable today than it ever has been before.

My point being that if we want to be truly safe from Wall Street white collar crime, this lawsuit needs to be publicly deconstructed and blamed on the white collar criminals behind it. I can't say that I trust judges at this point after corporate personhood got established. Judges acting on behalf of Wall Street need to be impeached out of office.

Beyond all else, we need to re establish the Glass-Steagall Act which divided up Wall Street giants and established regulations against them forming again. Investment corporations should be kept completely separate from savings banks. Then the investment corporations will not be "too big to let fail." They could be given a mandate to not be involved in white collar crime or get forced into bankruptcy with executive assets seized to pay off debts.

  • 7 votes
Reply#5 - Mon Dec 12, 2011 11:25 AM EST
Jackie-355788

My father and brother have a small farm and could never set the price of their grain, it was the commodities market that told them what the price was regardless of their input costs . You tell me what business would put up with that? All the hedging and speculation in the agricultural industry is pathetic and this is not a true market and this has been happening for over 40 years. All the small farmers have been driven out over those years for huge factory farms that pour pesticides into their land and produce a far inferior product. My family farm didnt make a dime when they traded on the commodities market. They flushed their land for seven years from pesticides and went organic. They finally turned a profit by NOT having their product in the commodities trade. There is a war going on in agriculture right now with the factory farmers along with Monsanto the pesticides company's against the organic farmers . We need to clean up the agricultural policies AND the commodities market OR support independent organic exchanges. There are pure organic food exchanges www.agriworld.com

  • 4 votes
Reply#6 - Mon Dec 12, 2011 11:53 AM EST
Michael in S J

You tell me what business would put up with that?

Nearly every business that sells fungible goods:

  • Grain
  • Metals
  • Oil
  • Fish, Crab, Shrimp
  • Cattle, Pig, Chicken, Turkey

If it wasn't for the commodity markets you would no chance of selling any of your grain except to local businesses.

By growing a non-commodity product, you have done yourself a great favor and I applaud your efforts.

    #6.1 - Mon Dec 12, 2011 4:01 PM EST
    Reply
    Naughtia

    Lets not forget that Obama is a big friend to wallstreet, dont you know open secrets said they gave him the most money.. what they are really scared of is republicans..

    of course you have to ignore that open secrets these days is mostly useless due to citizens united, allowing companies to spend an unlimited amount of money and keep the donors anonymous. it can even be foreign governments, but we cant tell. Or course the right dont give a @!$%# and think anonymous is good.(this after freaking out that the law says obama didnt have to keep track of everyone who gave him less than 250)

    You have to ignore the leaked memo from the banks attacking OWS and going after Obama and dems in districts that dont like obama.

    You have to ignore that obama gave us dodd/frank, that he is pushing for more regulations, that he gave us the consumer financial protection agency, something teh right fought and are still fighting despite it legally passed. He tried to give us eliz warren as head, someone the right and the banks really really hate and managed to prevent from becoming the head of the new CFPB.

    Lets not forget that every right winger and ron paul want to remove the pitiful regulations we put in place to try to slow down the next time this happens

    OBAMA HAS NOT BEEN A GOOD COP. People should have been charged. But mind you they gutted a lot of the laws that would have made what they did illegal, but still I will admit, Obama has been a sorry ass cop.

    But for actual friends of wallstreet, you mainly have to look at the right wing.

    Obama took student loan welfare away from the banks, so dont tell me he is in bed with them, because he would be a very sadistic lover.

      Reply#7 - Mon Dec 12, 2011 12:18 PM EST
      bdebogota

      Obama and the Dems are loyal to Wall Street as long as it suits their interests. The Teapublikans, however, ARE Wall Street and will go down in flames rather than deny Wall Street the votes and the protections that it has so generously bought and paid for. And that is the difference. We can turn to the Democrats and pray that they save us...or we can stick our fingers in our ears and cover our eyes and refuse to see and hear what will befall us in very short order. Voting Democrat may well be the lesser of two evils, but being the lesser of two evils does not absolve it from being evil; it just makes its sins more manageable.

      • 1 vote
      #7.1 - Mon Dec 12, 2011 2:25 PM EST
      mountainmike-1199289

      Yawn! Obama bashing again. I will go as far as what was stated in "The Inside Job" - that Obama needs to get rid of Wall Street insider "government experts." The course we need to be on right now is dividing up the Wall Street giants, establishing regulations against them ever forming again, closing down the Fed, reinventing a central bank that works for ALL Americans. We are NOT on the course. And this is an extremely important first step in protecting America from Wall Street white collar crime.

      That's where I run out of patience with Republicans. All of that lying, cheating, stealing, fraud, cooking the books, but-but-but somehow its all Obama's fault. Its the fault of Barney, Chris, Fannie and Freddie. Its the fault of everyone except the white collar criminal slobs and the Republicans they are bribing to keep Wall Street as regulation free as possible.

      Look up the Gramm-Leach-Bliley Acy and the Modernization of Commodities and Futures Act and try to tell me the Republicans didn't enable the white collar crime wave/recession to happen. If you want to blame one person, that would be the mastermind behind both bills - ex Enron lobbyist PHIL GRAMM (R).

      • 4 votes
      #7.2 - Mon Dec 12, 2011 3:36 PM EST
      Reply
      bdebogota

      If ever the United States of America was ripe for a third-party movement...and even a fourth-party movement...to replace the first party and the second party, the time is now. Starting with term limits, strong regulations on lobbying and the forbidding of ex-officeholders to be lobbyists EVER, and a few other necessary constitutional tweaks and mods, we might be on the road to saving what is left of this country. Might be.

        Reply#8 - Mon Dec 12, 2011 2:21 PM EST
        Jackie-355788

        Canada has four bigger parties, conservatives, liberals , NDP and the green party. In order for this to work you need a revision to include a provision that if there is not a clear majority or no confidence then you can call an election.

          #8.1 - Mon Dec 12, 2011 5:39 PM EST
          Reply
          exltcusa

          First, let's make it clear that the commodity markets are not the stock market. But both have this in common. They have gone from instruments of economic activity to nothing less than an "economic cassino". Commodities markets were supposed to be a way to set prices based on supply and demand. This would be based on predicted agricultural or other natural resource production matched to predicted demand to set a price at the wholesale level. The prices given farmers or other producers and the retail rpice would be set from this "free market" determination. The stock market was originally nothing more than a means to raise capital for new ventures or expanding the production base in response to demand. But theory ignores the impact of human character. Money could be made be facilitating the markets, then by manipulating them and then by controling them. And the concept of the market could be expanded. Now investment firms sell investment products where the buyer actual bets that the value of stcok will GO DOWN. Capitalism becomes a vehicle for greed and gain by those without morals. Theodore Roosevelt and the Progressives understood this. FDR and his economists understood this. The Federal government is the only institution with the power and reach to regulate the markets and protect not only the players from themselves (CDOs, anyone?) but the national economy and the consumers from the players. Unfortunately, "conservatives" and "libertarians" are so focused on the priviledges of citizenship and liberty and not the responsibilities and the wonder of unfettered capitalism that they can't see how their love of the "free market" (something that has never existed in the history of economics) injurs and damages this nation and its people.

          • 1 vote
          Reply#9 - Mon Dec 12, 2011 2:25 PM EST
          polyscidude

          My suggestion is to let the "Job creators" not create like they don't do now anyway and let the market, banks, and every other gambling Casino go out of business. The only way to stick it to these losers is to hit them where it hurts. Money and greed. Merry freakin' Xmas. Bah Humbug.

          • 2 votes
          Reply#10 - Mon Dec 12, 2011 2:41 PM EST
          demo scout

          It's not that Wall Street is politically stupid. The problem is that they are so arrogant and greedy, and they think that they are so powerful that they literally don't care what the rest of the country thinks of them.

          Speculative trading is essential to the commodities market and is not an evil in itself. But the notion that no regulations should be put on it to limit excess speculation is nothing more than the effort of the greed heads to have their way completely and without any limits.

          Reasonable regulation is not only necessary to keep them from abusing the market, but to save them from their own blind greed.

            Reply#11 - Mon Dec 12, 2011 4:59 PM EST
            Jackie-355788

            Speculative trading is good for middlemen only and food exchanges that cut out the middle is what is needed for a true market to occur.

            • 1 vote
            #11.1 - Mon Dec 12, 2011 5:41 PM EST
            Reply
            Tim S.-560036

            The assets of the four biggest – J.P. Morgan Chase, Bank of America, Citigroup, and Wells Fargo – now equal 62 percent of total commercial bank assets. That’s up from 54 percent five years ago.

            First order of business in the 2013 Congress: Now financial institution can assets in excess of 5% of total commercial bank assets. Leverage is limited to 10 to 1. All speculation must be transparent. Derivatives must be transparent. Rating agencies are paid from a pool account paid into by those rated and those using the ratings. Not by either entity alone or even the specific entities involved directly. Anything less is a conflict of interest.

              Reply#12 - Mon Dec 12, 2011 7:52 PM EST
              bafangDeleted
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