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Paul Merrell

Half of Federal Agencies Still Use Outdated Freedom of Information Regulations - 0 views

  • Nearly half (50 out of 101) of all federal agencies have still not updated their Freedom of Information Act regulations to comply with Congress's 2007 FOIA amendments, and even more agencies (55 of 101) have FOIA regulations that predate and ignore President Obama's and Attorney General Holder's 2009 guidance for a "presumption of disclosure," according to the new National Security Archive FOIA Audit released today to mark Sunshine Week. Congress amended the Freedom of Information Act in 2007 to prohibit agencies from charging processing fees if they missed their response deadlines, to include new online journalists in the fee waiver category for the media, to order agencies to cooperate with the new FOIA ombudsman (the Office of Government Information Services, OGIS), and to require reports of specific data on their FOIA output, among other provisions co-authored by Senators Patrick Leahy (D-VT) and John Cornyn (R-TX). But half the government has yet to incorporate these changes in their regulations, according to the latest National Security Archive FOIA Audit. After President Obama's "Day One" commitments to open government, Attorney General Eric Holder issued new FOIA guidance on March 19, 2009, declaring that agencies should adopt a "presumption of disclosure," encourage discretionary releases if there was no foreseeable harm (even if technically covered by an exemption), proactively post the records of greatest public interest online, and remove "unnecessary bureaucratic hurdles" from the FOIA process. But five years later, the Archive found a majority of agencies have old regulations that simply ignore this guidance.
  • The Archive's FOIA Audit also highlights some good news this Sunshine Week: New plans from both the House of Representatives and White House have the potential to compel delinquent agencies to update their regulations. "Both Congress and the White House now recognize the problem of outdated FOIA regulations, and that is something to celebrate," said Archive director Tom Blanton. "But new regs should not follow the Justice Department's terrible lead, they must follow the best practices already identified by the FOIA ombuds office and FOIA experts." "If and when this important FOIA reform occurs, open government watchdogs must be vigilant to ensure that the agencies' updated regulations are progressive, rather than regressive, and embrace best practices to ensure that more documents are released to requesters, more quickly" said Nate Jones, the Archive's FOIA coordinator.
  • In 2011, the back-to-back Rosemary Award-winning Department of Justice proposed FOIA regulations that would have — among many other FOIA setbacks — allowed the Department to lie to FOIA requesters, eliminated online-only publications from receiving media fee status, and made it easier to destroy records. After intense pushback by openness advocates, the DOJ temporarily pulled these regulations, and Pustay claimed, "some people misinterpreted what we were trying to do, misconstrued some of the provisions, and didn't necessarily understand some of the fee guidelines." Pustay also claimed — to an incredulous Senate Judiciary Committee — that updating FOIA regulations to conform with the 2007 OPEN Government Act was merely optional and "not required." National Security Archive director Tom Blanton warned in his own 2013 Senate testimony that these terrible "vampire" regulations were not gone for good. This year, Pustay testified that the Department of Justice has indeed resubmitted its FOIA regulations for OMB approval; their content is unknown to the public.
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  • The House of Representatives recently unanimously passed the bipartisan Freedom of Information Act Implementation Act (H.R. 1211), which includes a provision compelling agencies to update their FOIA regulations. The House bill — which now awaits Senate approval — would require each agency to update its FOIA regulations "not later than 180 days after the enactment of this Act." The White House is also addressing the problem of outdated FOIA regulations, albeit in a different manner. In its latest Open Government Partnership National Action Plan, the White House has committed (on paper, at least) to creating one "core FOIA regulation and common set of practices [that] would make it easier for requesters to understand and navigate the FOIA process and easier for the Government to keep regulations up to date." Transparency watchdogs went on alert this week after the Department of Justice's Director of Information Policy Melanie Pustay announced during her Senate testimony on March 11, 2014 that, "My office is leading that project" to create the White House-backed common regulation which, she estimated will be, "a one or two year project." Despite Pustay's pledge that she would accept input from OGIS and the requester community, her Department's history of crafting FOIA regulations has been anything but stellar.
  • As the Department of Justice and other agencies have demonstrated, new regulations do not necessarily make good regulations. As such, the National Security Archive has recommended that any updated FOIA regulations must: mandate that FOIA officers embrace direct communications with requesters; require agencies to receive requests by e-mail and post all responses and documents online; direct agencies to update their FOIA processing software so documents can be posted to any online repository, including the government-sponsored FOIAonline; encourage agencies to join FOIAonline to make their FOIA processing more cost-effective and efficient; stream-line inter and intra-agency "referral" black holes — and keep requesters abreast of where their requests are if the agency does have to refer them; include language encouraging use of the OGIS, which can help requesters and agencies mediate disputes to avoid animosity and costly litigation; end the practice of using fees to discourage FOIA requesters. The Office of Government Information Services — which reviews and comments on agency regulations as they are proposed — has also compiled a list of best practices for agencies to consider while crafting regulations. These include: "let the Freedom of Information Act itself" — and its presumption for disclosure — "be your guide;" bring attorneys, FOIA processors, records managers and IT pros to the table; include your plan for records management and preservation; and alert requesters of their option to contact OGIS for mediation and dispute resolution services.
  • A useful compilation of current agency FOIA regulation language — already on the books — put together by the Center of Effective Government also includes helpful guidelines on preventing the destruction of requested records; narrowly interpreting claims of confidential business information; and clarifying fee waivers and procedures. FOIA experts are currently working to craft model, pro-transparency, CFR-ready language that agencies — or the drafters of government-wide common regulations — can use to bring agencies' Freedom of Information Act regulations up to standard. Watch this space, and then watch the Code of Federal Regulations (CFR). "As the staffer who waded through every single federal agencies' FOIA website and CFR chapter to locate their — sometimes hidden — regulations, I learned FOIA officials often say they view their FOIA requesters as customers," said Archive researcher Lauren Harper, "I think easy to find, updated model FOIA regulations are the best way for agencies to demonstrate they truly value their customer service, and the spirit of the FOIA."
  • The National Security Archive has conducted thirteen FOIA audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
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    Article includes tables indicating which agencies are out of compliance with which FOIA directives. 
Gary Edwards

Regulations.gov - 0 views

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    excerpt from the Tea Party Command Center: Whenever a new regulation, or change to a current regulation, is proposed there is an announcement on a website called the Federal Register (Link to this page).   Here we can view everything from proposed regulations to presidential documents (executive orders). There is usually a public comment period during which time the public can comment in support or opposition to these proposed regulations. There is a separate website set up for this, it is called Regulations.gov Regulations With Comments Due Soon: Next 3 Days(91) Next 7 Days(171) Next 15 Days(394) Next 30 Days(693) Next 90 Days(1,017) The Patriot-Tea Party groups across the Nation need to take action on some of these items.  Obviously almost 200 proposed regulations with comments due within the next week is way too much for the Tea Party Command Center to cover alone.  Obviously we need help.  Every Patriot has that special area in which you have a keen interest.  Be it the healthcare, immigration, FDA, Social Security, Medicare, Medicaid...  The list goes on. However, the responses must be well written and productive.  Spelling, grammar and counterpoints must be given to effectively argue the points. Who can we count on?  Who is willing to step up and help us out.  Editors?  Fact finders?  Do we need to set up a group?  What can we do to help you help us all?
Gary Edwards

Dan Ferris - The real story on financial regulation you need to see - 0 views

  • Like everyone else, Lewis ignored the fact that the CDS market is private only because the Commodity Futures Modernization Act made it that way. It was regulated underground. Without the CFMA, a transparent public futures market in CDSs could have formed and was, in fact, being discussed before the law put the kibosh on it. Everybody and his brother would have seen prices on CDSs for Lehman Brothers and AIG rising during the summer of 2008, harbingers of impending doom, way ahead of the ratings agencies. What's more, banks sold prime mortgage loans and bought "triple-A-rated" collateralized debt obligations (CDOs) only because the Basel II Capital Accords established lower capital requirements for triple-A-rated securities than for prime mortgage loans. When capital requirements drop, you suddenly have more money you can spend on other things. Basel II made the ratings agencies instantly more powerful and important to a bank's competitive position than the behavior of its own underwriters. Throw in the Community Reinvestment Act, two ill-managed massive entities making markets in mortgages (Fannie and Freddie), and the Federal Reserve – a government-created private banking cartel – and you have a government-led financial disaster. There's plenty of blame to go around, I know. But how anyone could miss the massive role of the misguided, heavy-handed regulation is beyond me. Everyone who ought to know better – from hedge-fund managers to our elected representatives – says we need more regulation, not less. Isn't that curious? The solution is never less regulation, and the fault is never too much regulation. If I were more paranoid, I'd cry conspiracy.
  • delivering an oligopoly to JPMorganChase, Bank of America, and Citigroup.
  • The only reason the industry isn't paying for its failures is the government interfered and staged the biggest bailout in history! The government creates a problem, and the solution is somehow always... more government.
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    Like everyone else, Lewis ignored the fact that the CDS market is private only because the Commodity Futures Modernization Act made it that way. It was regulated underground. Without the CFMA, a transparent public futures market in CDSs could have formed and was, in fact, being discussed before the law put the kibosh on it. Everybody and his brother would have seen prices on CDSs for Lehman Brothers and AIG rising during the summer of 2008, harbingers of impending doom, way ahead of the ratings agencies. What's more, banks sold prime mortgage loans and bought "triple-A-rated" collateralized debt obligations (CDOs) only because the Basel II Capital Accords established lower capital requirements for triple-A-rated securities than for prime mortgage loans. When capital requirements drop, you suddenly have more money you can spend on other things. Basel II made the ratings agencies instantly more powerful and important to a bank's competitive position than the behavior of its own underwriters. Throw in the Community Reinvestment Act, two ill-managed massive entities making markets in mortgages (Fannie and Freddie), and the Federal Reserve - a government-created private banking cartel - and you have a government-led financial disaster. There's plenty of blame to go around, I know. But how anyone could miss the massive role of the misguided, heavy-handed regulation is beyond me. Everyone who ought to know better - from hedge-fund managers to our elected representatives - says we need more regulation, not less. Isn't that curious? The solution is never less regulation, and the fault is never too much regulation. If I were more paranoid, I'd cry conspiracy.
Gary Edwards

HBL - The Harry Binswanger List - 0 views

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    WOW!  Renown Ayn Rand expert, Harry Binswanger, discusses the 2012 election big media accusation that Romney is "short on specifics".  (Not that Obama ever provided anything close to a specific explanation, but there it is.)  In his discussion, Harry describes exactly how to present "principles" that then can be easily connected to "specifics".   Incredible read. excerpt: "Here's a sample of what an ideal candidate would say, first in terms of principles: "The only proper function of government is to protect individual rights, and the only way rights can be violated is by the initiation of physical force. Under my administration, we will return to the original American system in which the government uses its physical force only in retaliation against those who initiate its use in violation of individual rights. The fundamental right is the right to life, and its corollaries include the right to private property, without which no other rights are possible." He could then go on to name policy goals that represent mid-level abstractions: "Entitlement programs are the initiation of force; they seize the property of some to provide unearned benefits to others. This is immoral; it is a legalized equivalent of theft. Thus, I will drastically cut entitlement spending-whether "discretionary" or not. Another area of initiated government force is regulation. Regulation by its nature is preventive law, interfering with the lives of the innocent in order to (supposedly) prevent the guilty from acting. This is force initiated against the innocent, so I will drastically cut the number and scope of regulations over the same 4 years." Now the real fun comes when, having established this context, he gets to specifics: "My first budget will cut funds for all departments, except Defense, to 15% below what they received the previous year. This is an across-the-board cut, not something to become the subject of infighting among departments. Then in my next budget I will cut 15%
Paul Merrell

Report: Verizon Claimed Public Utility Status To Get Government Perks - Slashdot - 0 views

  • Research for the Public Utility Law Project (PULP) has been released which details 'how Verizon deliberately moves back and forth between regulatory regimes, classifying its infrastructure either like a heavily regulated telephone network or a deregulated information service depending on its needs. The chicanery has allowed Verizon to raise telephone rates, all the while missing commitments for high-speed internet deployment' (PDF). In short, Verizon pushed for the government to give it common carrier privileges under Title II in order to build out its fiber network with tax-payer money. Result: increased service rates on telephone users to subsidize Verizon's 'infrastructure investment.' When it comes to regulations on Verizon's fiber network, however, Verizon has been pushing the government to classify its services as that of information only — i.e., beyond Title II. Verizon has made about $4.4 billion in additional revenue in New York City alone, 'money that's funneled directly from a Title II service to an array of services that currently lie beyond Title II's reach.' And it's all legal. An attorney at advocacy group Public Knowledge said it best: 'To expect that you can come in and use public infrastructure and funds to build a network and then be free of any regulation is absurd....When Verizon itself is describing these activities as a Title II common carrier, how can the FCC look at broadband internet and continue acting as though it's not a telecommunication network?'"
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    Let's also not forget that what is now named "Verizon" used to be named Bell Atlantic, one of the seven Baby Bells that were spun off by AT&T by government order during antitrust proceedings.  In other words, this is one of the companies rate-payers financed through a heavily-regulated analog telephony absolute monopoly. But Verizon wants to spread its wings and escape the chains of regulation as a telecommunications carrier. While having its cake and eating it to, according to this article. The FCC has poised itself through a proposed rule with the flexibility to postpone a decision on net neutrality.  AT&T famously was allowed to keep its R&D arm while being freed of the expense of upgrading the U.S. telephony network from analog to digital and from copper wire to fibre optic.  And pay for those Baby Bells to make that transition we did. I remember monthly bills for a two person office running as high as $1,100 a month for calls all carried from Baby Bell to AT&T and back to another Baby Bell. All at state-regulated rates with FCC looking the other way. But now Verizon, Comcast (the originally munipally regulated cable television monopolies) and the few other "competing" survivors of that broadband rollout, having had their infrastructure paid for by the ratepayers, want to fly off and begin charging us at the other end of the pipe,via charges to content providers that will be passed on to us. Leading to the squeezing out of Mom and Pop internet businesses by the big content providers that can afford the charges and pass them on to us. This is looking more and more like another massive rip-off of the customers who already paid for that infrasture. Is that banksters I smell, privatizing a enormous public utility in the name of free markets?      
Paul Merrell

Opinion recap: TV indecency policy awaits next round : SCOTUSblog - 0 views

  • The federal government’s battered policy against what it considers to be “indecent” programming on television has weathered two showdowns in the Supreme Court in the past three years.  But, on Thursday, the Court impliedly posed a question: whether that Federal Communications Commission policy — if left as is — would survive a third such encounter.  The signals were not promising for the FCC. The new ruling in FCC v. Fox Television Stations, et al. (10-1293), of course, did not strike down the policy.  It nullified specific orders by the FCC enforcing its policy, and avoided the First Amendment issue altogether.  FCC thus does retain the option of going right ahead to regulate broadcasts of single uses of four-letter words and momentary glimpses of provocative nudity, as if nothing had changed.   It also has the option of reconsidering, but anything new it writes will again be tested constitutionally, so either way, there will be a third round.
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    A decision today by the Supreme Court regarding the FCC's regulation of indecency in television  broadcasts is being widely misreported in mainstream media as authorizing nudity and profane language on television.  The decision actually struck down a pair of FCC decisions enforcing its regulation on grounds that the regulation as applied in those two cases was too vague to put broadcasters on notice that their particular broadcasts crossed any legally definable line. As discussed in the linked article, the decision does not prohibit the FCC from enforcing its regulation in differering situations. The FCC may continue to so or more likely will rewrite its regulation to be more explicit. The decision therefore sets the stage for a later case that might reach the First Amndement constitutional issues.  In other words, mainstream media gets it wrong again. 
Gary Edwards

How Bank Regulation Helped Destroy AIG - 0 views

    • Gary Edwards
       
      Great comment! I've never heard it phrased this way before, but i think it hits the mark: the mark-to-market" risk that CDS were designed to take away, were simply moved from the banks/traders books to that of AIG.
  • The problem AIG an the other insurers face is that they got the analysis so wrong that many of those CDS payments are coming due now and the mark to market that they took away from the traders, is now on their book! Result = AIG insolvent.
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    in many ways the last round of regulatory reform helped cause the disaster in AIG. How could AIG's destruction have been caused by banking regulation? Most people wil probably be surprised by the very idea. After all, they've been told that what really happened to AIG involved unregulated credit default swaps, insurance contracts on bonds that AIG sold across the world. They suspect AIG might have been caused by too little regulation. In fact, much of AIG's problem was caused by credit default swaps and regulation. After Hank Greenberg was ousted from AIG, the company began to get heavily involved in the credit default swap market. That market was growing in large part because of banking regulation.
Gary Edwards

Accidentally Released - and Incredibly Embarrassing - Documents Show How Goldman et al ... - 0 views

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    Incredible.  Take your time reading this because we now have legal evidence of outrageous Bankster criminality.  Read carefully. excerpt: The lawsuit between Overstock and the banks concerned a phenomenon called naked short-selling, a kind of high-finance counterfeiting that, especially prior to the introduction of new regulations in 2008, short-sellers could use to artificially depress the value of the stocks they've bet against. The subject of naked short-selling is a) highly technical, and b) very controversial on Wall Street, with many pundits in the financial press for years treating the phenomenon as the stuff of myths and conspiracy theories. Now, however, through the magic of this unredacted document, the public will be able to see for itself what the banks' attitudes are not just toward the "mythical" practice of naked short selling (hint: they volubly confess to the activity, in writing), but toward regulations and laws in general. "Fuck the compliance area - procedures, schmecedures," chirps Peter Melz, former president of Merrill Lynch Professional Clearing Corp. (a.k.a. Merrill Pro), when a subordinate worries about the company failing to comply with the rules governing short sales. ...................... If this sounds complicated, just focus on this: naked short selling, in essence, is selling stock you do not have. If you don't have to actually locate and borrow stock before you short it, you're creating an artificial supply of stock shares. ................ The process of how banks circumvented federal clearing regulations is highly technical and incredibly difficult to follow. These companies were using obscure loopholes in regulations that allowed them to short companies by trading in shadows, or echoes, of real shares in their stock. They manipulated rules to avoid having to disclose these "failed" trades to regulators. The import of this is that it made it cheaper and easier to bet down the value of a stock
Gary Edwards

The Daily Bell - Richard Ebeling on Higher Interest Rates, Collectivism and the Coming ... - 0 views

  • The "larger dysfunction," as you express it, arises out of a number of factors. The primary one, in my view, is a philosophical and psychological schizophrenia among the American people.
  • While many on "the left" ridicule the idea, there is a strong case for the idea of "American exceptionalism," meaning that the United States stands out as something unique, different and special among the nations of the world.
  • the American Founding Fathers constructed a political system in the United States based on a concept on which no other country was consciously founded:
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  • But the American Revolution and the US Constitution hailed a different conception of man, society and government.
  • n the rest of the world, and for all of human history, the presumption has been that the individual was a slave or a subject to a higher authority. It might be the tribal chief; or the "divinely ordained" monarch who presumed to rule over and control people in the name of God; or, especially after the French Revolution and the rise of modern socialism, "the nation" or "the people" who laid claim to the life and work of the individual.
  • the idea of individual rights.
  • That is, as long as the individual did not violate the equal rights of others to their life, liberty and property, each person was free to shape and guide his own future, and give meaning and value to his own life as he considered best in the pursuit of that happiness that was considered the purpose and goal of each man during his sojourn on this Earth.
  • Governments did not exist to give or bestow "rights" or "privileges" at its own discretion.
  • Governments were to secure and protect each individual's rights, which he possessed by "the nature of things."
  • The individual was presumed to own himself. He was "sovereign."
  • The real and fundamental notion of "self-government" referred to the right of each individual to rule over himself.
  • Each individual, by his nature and his reason, had a right to his life, his liberty and his honestly acquired property.
  • during the first 150 years of America's history there was virtually no Welfare State and relatively few government regulations, controls and restrictions on the choices and actions of the free citizen.
  • But for more than a century, now, an opposing conception of man, society and government has increasingly gained a hold over the ideas and attitudes of people in the US.
  • It was "imported" from Europe in the form of modern collectivism.
  • The individual was expected to see himself as belonging to something "greater" than himself. He was to sacrifice for "great national causes."
  • He was told that if life had not provided all that he desired or hoped for, it was because others had "exploited" him in some economic or social manner, and that government would redress the "injustice" through redistribution of wealth or regulation of the marketplace.
  • If he had had financial and material success, the individual should feel guilty and embarrassed by it, because, surely, if some had noticeably more, it could only be because others had been forced to live with noticeably less.
  • left on its own, free competition tends to evolve into harmful monopolies and oligopolies, with the wealthy "few" benefiting at the expense of the "many."
  • They are the crises of the Interventionist-Welfare State: the attempt to impose reactionary collectivist policies of political paternalism and redistributive plunder on a society still possessing parts of its original individualist and rights-based roots.
  • it is in the form of communism's and socialism's critique of capitalism.
  • Unregulated capitalism leads to "unearned" and "excessive" profits; unbridled markets generate the business cycle and the hardships of recessions and depressions;
  • These two conflicting conceptions of man, society and government have been and are at war here in the United States.
  • And if it cannot be gotten and guaranteed through the redistributive mechanisms of the European Union and the euro, well, maybe we should return power to our own nation-states to provide the jobs, the social "safety nets" and the financial means to pay for it through, once again, printing our own national paper currencies.
  • This is the political-philosophical bankruptcy of the West and the dead ends of the collectivist promises of the last 100 years.
  • Ludwig von Mises's book, Socialism: An Economic and Sociological Analysis, originally published in 1922, demonstrated how and why a socialist, centrally planned system was inherently unworkable.
  • The nationalization of productive property, the abolition of markets and the prohibition of all competitive exchange among the members of society would prevent the emergence and operation of a price system, without which it is impossible to know people's demands for desired goods and the relative value they place on them.
  • It also prevents the emergence of prices for the factors of production (land, labor, capital) and makes it impossible to know their opportunity costs – the value of those factors of production in alternative competing uses among entrepreneurs desiring to employ them.
  • Without such a price system the central planners are flying blind, unable to rationally know or decide how best to utilize labor, capital and resources in productively efficient ways to make the goods and services most highly valued by the consuming public.
  • Thus, Mises concluded, comprehensive socialist central planning would lead to "planned chaos."
  • And, therefore, there is no guarantee that the amount of investments undertaken and their time horizons are compatible with the available resources not also being demanded and used for more immediate consumer goods production in the society.
  • As a consequence, financial markets do not work like real markets.
  • Thus, the interventionist state leads to waste, inefficiency and misuses of resources that lower the standards of living that we all, otherwise, could have enjoyed.
  • We cannot be sure what the amount of real savings may be in the society to support real and sustainable investment and capital formation.
  • Government intervention prevents prices from "telling the truth" about the real supply and demand conditions thus leading to imbalances and distortions in the market.
  • We cannot know what the "real cost" of borrowing should be, since interest rates are not determined by actual, private sector savings and investment decisions.
  • Government production regulations, controls, restrictions and prohibitions prevent entrepreneurs from using their knowledge, ability and capital in ways that most effectively produce the goods consumers actually want and at the most cost-competitive prices possible.
  • This is why countries around the world periodically experience booms and busts, inflations and recessions − not because of some inherent instabilities or "irrationalities" in financial markets, but because of monetary central planning through central banking that does not allow market-based financial intermediation to develop and work as it could and would in a real free-market setting.
  • But in the United States and especially in Europe, government "austerity" means merely temporarily reducing the rate of increase in government spending, slowing down the rate at which new debt is accumulating and significantly raising taxes in an attempt to close the deficit gap.
  • The fundamental problem is that over the decades, the size and scope of governments in the Western world have been growing far more than the rates at which their economies have been expanding, so that the "slice" of the national economic "pie" eaten by government has been growing larger and larger, even when the "pie" in absolute terms is bigger than it was, say, 30 or 40 years ago.
  • European governments, in general, take the view that "austerity" means squeezing the private sector more through taxes and other revenue sources to avoid any noticeable and significant cuts in what government does and spends.
  • So there is "austerity" for the private sector and a mad rush for financial "safety nets" for the government and those who live off the State.
  • In reality, of course, it is the burdens of government regulation, taxation and impediments to more flexible labor and related markets that have generated the high unemployment rates and the retarded recovery from the recession.
  • Instead, the "common market" ideal has been transformed into the goal of a European Union "Super-State" to which the individual countries and their citizens would be subservient and obedient.
  • Keynesian policies offer people and politicians what they want to hear. Claiming that any sluggish business or lost jobs are due to a lack of "aggregate demand," Keynes argued that full employment and profitable business could only be reestablished and maintained through "activist" government monetary and fiscal policy – print money and run budget deficits.
  • What Britain and Europe should have as its goal is the ideal of the classical liberal free traders of the 19th century – non-intervention by governments in people's lives, at home and abroad. That is, a de-politicization of society, so people may freely work, trade and travel as they peacefully wish, with government merely the protector of people's individual rights.
  • Take the benefits away and tell people they are free to come and work to support themselves and their families. Restore more flexibility and competitiveness to labor markets and reduce taxes and business regulations.
  • Then those who come to Britain's shores will be those wanting freedom and opportunity without being a burden upon others.
  • What was needed was a change in ideas from the statist mentality to one of individual freedom and unhampered free markets.
  • In an epoch of collectivist ideas, don't be surprised if governments regulate, control, intervene and redistribute wealth.
  • The tentacle of regulations, restrictions and politically-correct social controls are spreading out in every direction from Brussels and its European-wide manipulating and mismanaging bureaucracy.
  • In the name of assuring "national prosperity," politicians could spend money to buy the votes that get them elected and reelected to government offices.
  • And every special interest group could make the case that government-spending programs that benefitted them were all reasonable and necessary to assure a fully employed and growing economy.
  • Furthermore, the Keynesian rationale for government deficit spending enabled politicians to seem to be able to offer something for nothing. They could offer, say, $100 of government spending to voters and special interest groups but the tax burden imposed in the present might only be $75, since the remainder of the money to pay for that government spending was borrowed. And that borrowed money would not have to be repaid until some indefinite time in the future by unspecific taxpayers when that "tomorrow" finally arrived.
  • instability
  • Keynes argued that the market economy's inherent
  • arose from the
  • who were subject to irrational and unpredictable waves of "optimism" and "pessimism."
  • animal spirits" of businessmen
  • Mises argued that there was nothing inherent in the market economy to bring about these swings of economic booms followed by periods of depression and unemployment.
  • If markets got out of balance with the necessity of an eventual correction in the economy to, once again, set things right, the source of this instability was government monetary policy.
  • Central banks too often followed a policy of trying to create "good times" in the economy by expanding the money supply through the banking system.
  • With new, excess funds created by the central bank available for lending, banks lower rates of interest to attract borrowers.
  • But this throws savings and investment out of balance, since the rate of interest no longer serves as a reliable indicator and signal concerning the availability of real savings in the economy in relation to those wanting to borrow funds for various investment purposes.
  • The economic crisis comes when it is discovered that all the claims on resources, capital and labor for all the attempted consumption and investment activities in the economy are greater than the actual and available amounts of such scarce resources.
  • The recession period, in Mises's view, is the necessary "correction" period when in the post-boom era, people must adapt and adjust to the newly discovered "real" supply and demand conditions in the market.
  • Any interference with the "rebalancing" of the economy by government raising taxes, imposing more regulations, or new artificial government "stimulus" activities merely makes it more difficult and time-consuming for people in the private sector to get the economy back on an even keel.
  • Friedrich A. Hayek, once observed, unemployment is not "caused" by stopping an inflation, but rather inflation induces the artificial employments that cannot be sustained and which inevitably disappear once the inflation is reined in.
  • The recession of 2008-2009 was the result of several years of central bank stimulus.
  • From 2003 to 2008, the Federal Reserve increased the money supply by about 50 percent.
  • Interest rates for much of this time, when adjusted for inflation, were either zero or negative.
  • Awash in cash, banks extended loans to virtually anyone, with no serious and usual concern about the borrower's credit-worthiness.
  • This was most notably true in the housing market, where government agencies like Fannie May and Freddie Mac were pressuring banks to make mortgage loans by promising a guarantee that they would make good on any bad home loans.
  • Since 2008-2009, the Federal Reserve has, again, turned on the monetary spigot, increasing its own portfolio by almost $3 trillion, by buying US Treasuries, US mortgages and other assets.
  • So why has there not been a complementary explosion of price inflation?
  • In some areas there has been, most clearly in the stock market and the bond market, But the reason why all that newly created money has not brought about a higher price inflation is due to the fact that a large part of all newly created money is sitting as unlent reserves in banks.
  • This is because the Federal Reserve has been paying banks a rate of interest slightly above the market interest rates to induce banks not to lend.
  • (a) general "regime uncertainty," that is, no one knows what government policy will be tomorrow; will ObamaCare be fully implemented after January 2014?;
  • Among the reasons for the sluggish jobs growth in the US are:
  • (b) what will taxes be for the rest of the current president's term in the White House
  • (c) what will the regulatory environment be like for the next three years – in 2012, the government implemented around 80,000 pages of regulations as printed in the Federal Registry;
  • (d) how will the deficit and debt problems play out between Congress and the White House and will it threaten the general financial situation in the country; an
  • (e) what wars, if any, will the government find itself involved in, in places like the Middle East?
  • China
  • is still a controlled and commanded society, with a government that works hard to try to determine what people read, see and think.
  • All these building projects have been brought into existence by a government that not only controls the money supply and manipulates interest rates but also heavy-handedly tells banks whom to specifically loan to and for what investment activities.
  • Central planning is alive and well in China, with the motives being both power and profits for those inside and outside the Communist Party having the most influence and connections in "high" places.
  • In my opinion, China is heading for a great economic crisis, resulting from a highly imbalanced and distorted economic system still guided far more by politics than sound market decision-making.
  • global financial markets in any foreseeable future. It is a money that still primarily exists to serve the political purposes of those who sit in the "inner circles" of power in Beijing.
  • One hundred years ago, in 1913, how many could have predicted that a year later a European-wide war would break out that would lead to the destruction of great European empires and set the stage for the rise of totalitarian collectivism that resulted in an even worse global war two decades later?
  • Thus, whether, at the end of the day, freedom triumphs and the future is one of liberty and prosperity is partly on each one of us.
  • Near the end of his great book, Socialism, Ludwig von Mises said:
  • "Everyone carries a part of society on his shoulders; no one is relieved of his share of responsibility by others. And no one can find a safe way out for himself if society is sweeping towards destruction. Therefore, everyone, in his own interest, must thrust himself vigorously into the intellectual battle. None can stand aside with unconcern; the interests of everyone hang on the result. Whether he chooses or not, every man is drawn into the great historical struggle, the decisive battle into which our epoch has plunged us . . . Whether society shall continue to evolve or where it shall decay lies . . . in the hands of man."
  • In my view, the idea of a "soft landing" is an illusion based on the idea held by central bankers, themselves, that they have the wisdom and ability to know how to "micro-manage" the all the changes and adjustments resulting from their own manipulations of the monetary aggregates. They do not have this wisdom and ability. So hold on for what is most likely to be another rocky road.
  • It was Mises's clear vision that once society has broken the relationship between value and payment, sooner or later people would not know the price of anything.
  • At this point, investment ceases and business becomes furtive and transactional.
  • People cannot plan for the future because they do not understand the reality of the present.
  • Society begins to sink.
  •  
    Incredible.  A simple explanation that explains everything.  Rchard Ebeling's "Unified Theory of Everything" is something every American can understand.  If only they would take a break from "Dancing with the Stars" and pay attention to the future of their country and the world.  It's a future where either "individual freedom", as defined by our Constitution and Declaration of Independence, will win out; or, the forces of fascist socialism / marxism will continue to roll and rule.  Incredible read!!!!
Gary Edwards

American Thinker: Taking Back Our Constitution by Anthony G.P. Marini - 0 views

  • However, any powers that the Congress derives regarding commerce activities arise from Article I, Section 8 of the Constitution: "[Congress has the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes[.]"This clause was considered silent because lawmakers couldn't figure out a straight-faced way to exploit this narrowly-defined power: The actual wording gives Congress power to regulate commerce among the states, but not between individual citizens
  • So by conflating a generous reinterpretation with commerce-related laws, the Congress gave itself the authority to regulate individual citizens.
  • Congress required new powers of the purse...the power to tax outside of those powers explicitly set forth in Article I, Section 8 of the Constitution:
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  • Congress was able to accomplish what was once unthinkable by past Congresses. Congress acquired the legislative tools required to implement a sweeping, socially progressive agenda using just two words: Commerce and Welfare.
  • two mid-1930s Supreme Court decisions2 did the Congress finally get their desired taxation superpowers.
  • clause. However actual expansions of these powers were a long time coming, and
  • not until
  •  
    Americans, the Constitution of the United States of America doesn't belong to us anymore. We have let our guard down one too many times with regard to our constitutional responsibilities, rights, and liberties, and now elected politicians control the document. Because of a lack of vigilance and perhaps of laziness on our part, our representatives and our government constrain and dominate us using legislative powers obtained from interpretations, penumbrae, and self-serving close calls for scant (and vaguely defined) words in our Constitution. It took a long time for Congress and the government to amass these powers that they have taken from us, and they certainly won't relinquish them as easily as we gave them up. But with unflinching purpose, we must begin to take the Constitution back, as well as reimpose limits on congressional powers, for the sake of future Americans. The start of flagrant congressional abuse of the Constitution may be traced to the late 19th century1, when lawmakers found they could exploit the previously "silent" commerce clause. As Americans are highly dependent upon commerce, a government that can control all aspects of commerce is a very powerful government indeed. However, any powers that the Congress derives regarding commerce activities arise from Article I, Section 8 of the Constitution: "[Congress has the power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes[.]" This clause was considered silent because lawmakers couldn't figure out a straight-faced way to exploit this narrowly-defined power: The actual wording gives Congress power to regulate commerce among the states, but not between individual citizens. So by conflating a generous reinterpretation with commerce-related laws, the Congress gave itself the authority to regulate individual citizens.
Gary Edwards

FRC Blog » More on the Obama Regulation Tsunami (and Gibson Guitars) - 0 views

  •  
    Good collection of links!  excerpt:  According to an editorial in today's Wall Street Journal (behind its pay firewall), Speaker Boehner asked the administration for a list of rules it had in the works with potential costs exceeding one billion dollars per year.  The administration responded providing a list of seven rulemakings - four from EPA and three from the Department of Transportation. Speaker Boehner's overarching point was that the "economy cannot withstand the barrage of major new federal regulations planned by the administration."  Of course, the Obamacare and financial industry regulations are also on the drawing board somewhere. Mark Levin had an excellent commentary on our state affairs at the beginning of his 8/30 broadcast.  He believes that we no longer have a "representative republic."  This condition exists in large measure, Levin argues, due to unchecked regulation.  He also thinks that we now have an "Imperial Presidency." That said, Levin later gave a boldface example. Listen to the absolutely chilling interview Levin conducts with the CEO of Gibson Guitar who was raided on 8/24/11 by federal agents. (Start at minute 92:00.)  Here is John Hayward's Human Events background article.  The federal government claims that Gibson is illegally importing wood to make its guitars from India and Madagascar.  Gibson claims that officials from those countries have certified the legality of these exports from their nations.  Additionally, Gibson's competitors apparently use the same woods from the same sources and have not been raided.  Only time will tell how this will turn out, but this iconic company may not be able to survive the legal costs of fighting a criminal investigation while its productive activities are interrupted.
Gary Edwards

The Biggest Price-Fixing Scandal Ever - and the VESTS Solution - 0 views

  •  
    excerpt: Uber financial investigative journalist Matt Taibbi has discovered what we too realized when we began to scrutinize the financial industry. In his latest article, he writes, "Everything Is Rigged: The Biggest Price-Fixing Scandal Ever." The article's cut line is, "The Illuminati were amateurs. The second huge financial scandal of the year reveals the real international conspiracy: There's no price the big banks can't fix." Taibbi's incredulity is evident throughout the article, as well it should be. The interest-rate swap market is part of the larger derivatives market that totals over one billion TRILLION dollars............................... "Given the endless financial scandals that keep sweeping across the industry, it is fairly obvious that this regulatory system needs a good deal of improvement. In fact, I think that it may be no coincidence that so much is being revealed now. The idea is surely to create the conditions for another international regulatory effort that will end up further controlling what is left of free-market capital raising. It is a global game for globalists. The game is to regulate everything and then to position oneself above the regulations and above the governments that wield them. This gives you tremendous power over everyone else. One of the tools being used to whip up sentiment for a larger regulatory revisiting is scandal and more scandal. There have been revelations of so-called crooked practices in a number of areas lately, mostly in the area of industry pricing. It turns out that many standard prices are set via indications of interest rather than outright competition. We can see the same system at work in the gold market, where a small group of wise men set the price for physical gold every day. And now, as Taibbi and others have revealed, the dysfunctional system also affects interest rate swaps. This has incensed Taibbi, who opens his article as follows: Conspiracy theorists of the world, believers in the
Gary Edwards

Michael Boskin: The Anatomy of Government Failure - WSJ.com - 0 views

  •  
    Good summary of a very important issue in this election - the role of the government in a "capitalist" free market economy (cough cough).  If you have trouble loading this locked WSJ article, the solution is simple.  Paste "Michael Boskin: The Anatomy of Government Failure" into a google search.  The article with link will show up as "online.wsj.com/...../  Just click the headline and read.  The google paste gives you a free pass to WSJ articles.  ........ Great cartoon image with this post :)  http://goo.gl/7QQZh excerpts: In a market economy, price signals automatically steer society's scarce resources to the uses people value most, and at minimum cost. This is Adam Smith's famous Invisible Hand. But sometimes markets aren't competitive, or they generate effects such as congestion or pollution that are not accounted for in the price system. These "market failures" potentially justify government intervention......... "More generally, the costs of government regulation may be higher than the benefits-the cure may be worse than the disease. Before undertaking a new government intervention or adopting a new rule, instituting a new program or expanding an old one, the problem of "government failure" has to be considered. Government failures include the cronyism and pork that arise from spending and subsidy programs. Helping people experiencing hard times to get back on their feet is proper, but if overdone it may induce dependency. Laws are administered by agencies, from the EPA to banking regulators, with their own bureaucratic incentives-and they are prone to capture by the very interests they are supposed to regulate. Government failures are as pervasive as market failures due to monopoly or externalities, such as pollution, that arise because of ill-defined property rights. The potential for such failures grows as government grows. More government spending or regulation doesn't necessarily lead to better outcomes. If that were true, Washingto
Paul Merrell

Shining a Spotlight on Shadow Regulation of the Internet: 2016 in Review | Electronic F... - 0 views

  • Over the past few years, Internet users have found their voice in the halls of power. Through legal challenges, speaking to legislators, and effective online organizing, we've beat back many attempts to create mechanisms of censorship and strip speakers of their privacy. We defeated the SOPA/PIPA Internet blacklist bills, and the ACTA and TPP agreements, and stood up for net neutrality as a free speech principle. But these victories had a side effect: corporate and government interests who seek to edit the Internet and regulate others' speech have turned to private agreements. These agreements can create restrictions that are as effective as any law, but without the need for approval by a court or parliament. Sometimes they are even initiated by government officials, who offer companies the Hobson's choice of coming up with a "voluntary" solution or submitting to government regulation. This year, we've begun to shine a spotlight on these Shadow Regulations, and hold them to the same high standards as we do for laws.
Gary Edwards

Banksters - William Black tells the real truth - YouTube - 0 views

  •  
    Savings & Loan crisis regulator Bill Black testifies in front of the House in 2011.  He explains the financial collapse of 2008, the role of subprime and liar's loans, and the incredible fraud running rampant through the Bankster industry.  Lehman Brothers alone was responsible for near 80% of the fraudulent liar loan mortgage security packages sold throughout the world.  Black lays much of the blame on the Federal Reserve, the SEC, and three individuals: Greenspan, Bernanke, and Timothy Geitner (NY Federal Reserve).  He compares how regulators with limited authority were able to contain and minimise the Savings and Loan fraud problem, with the near total lack of effort by the Federal Reserve, FDIC and SEC regulators.  Extrordinary testimony.  And Congress, the Justice Department, the Federal rEserve, the SEC, the FDIC and all the other elite regulators continue to do NOTHING!
Paul Merrell

Revealed: the top secret rules that allow NSA to use US data without a warrant | World ... - 0 views

  • Fisa court submissions show broad scope of procedures governing NSA's surveillance of Americans' communication• Document one: procedures used by NSA to target non-US persons• Document two: procedures used by NSA to minimise data collected from US persons
  • Top secret documents submitted to the court that oversees surveillance by US intelligence agencies show the judges have signed off on broad orders which allow the NSA to make use of information "inadvertently" collected from domestic US communications without a warrant.The Guardian is publishing in full two documents submitted to the secret Foreign Intelligence Surveillance Court (known as the Fisa court), signed by Attorney General Eric Holder and stamped 29 July 2009. They detail the procedures the NSA is required to follow to target "non-US persons" under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.
  • The procedures cover only part of the NSA's surveillance of domestic US communications. The bulk collection of domestic call records, as first revealed by the Guardian earlier this month, takes place under rolling court orders issued on the basis of a legal interpretation of a different authority, section 215 of the Patriot Act.
  •  
    Lots of gruesome detail in the article and even more in the documents. Another major leaked disclosure from the Big Brother secret arm of U.S. government. A cautionary warning: these are merely documents. They are not regulations as that term is understood under the Administrative Procedures Act. There may or may not be one or more secret Executive Orders requiring Agency personnel to adhere to what the documents say.  Even with agencies that are far more open to public scrutiny, it is common for agency staff to ignore regulations and statutes. Every time someone wins a lawsuit pursuant to the combination of the Administrative Procedures Act and some other federal law or regulation, one of the most common types of lawsuits against federal agencies, it is because agency staff violated the law or the regulation. It's a common situation even with agencies that have to operate in the sunlight. An agency allowed to operate without any right of the public to challenge its actions has even less incentive to adhere to its formal procedures.   So particularly with an agency permitted to operate in secret, the existence of these documents does not mean that they get more than an occasional wink and a nod by agency staff. That said, this is pretty gruesome reading for a civil libertarian and is also rife with vagueness, ambiguity, and loopholes. Not surprisingly though for an experienced lawyer; those who deliberately trample on others' rights rarely write written confessions.
Gary Edwards

Chris Dodd's carve-outs for cronies - NYPOST.com - 0 views

  •  
    Dangerous and sickening!  In Dodd's Bill, The Property Transaction Industry (Mortgage, Real Estate, Insurance, Legal, Appraisal, and Title) are exempted from the 1974 RESPA full disclosure act!   Regulators are authorized to take over and "bail out" any financial operation they deem troubled. excerpt: The financial-regulatory bill now before the Senate is so filled with special-interest loopholes and exclusions that it makes the health-care "reform" bill, with its "Cornhusker Kickback" and "Louisiana Purchase," look like a model of rectitude.The Senate bill, sponsored by Democrat Chris Dodd, claims to subject all "too big to fail" institutions to greater federal supervision, but in fact it only mandates such regulation for bank-holding companies. Regulators would have to make a case-by-case decision on whether to apply it to other financial companies.The Senate financial-regulation bill offers a stark choice: Do we aspire to be a country where everyone is subject to the same rules? Or do we accept a system where power, influence and money can buy exclusions and exemptions?The public needs to understand that, far from protecting the little guy and sticking it to the fat cats, this bill keeps good, old-fashioned political patronage alive and well. Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/chris_dodd_carve_outs_for_cronies_MT1U7GBEPvzX3QXProqC9L#ixzz0mKJmEdn4 Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/chris_dodd_carve_outs_for_cronies_MT1U7GBEPvzX3QXProqC9L#ixzz0mKJmEdn4Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/chris_dodd_carve_outs_for_cronies_MT1U7GBEPvzX3QXProqC9L#ixzz0mKJcsmlN
Gary Edwards

States negotiating immunity for banks over foreclosures - 0 views

  •  
    Thanks to Marbux.  Seems like nothing will stop the Banksters from seizing it all.  I think i've previously posted that when i was with Virtual Realty (VRi), we were forever trying to crack into the MERS electronic database.  Wow did the Banksters screw this one up.  Now only their corrupt sycophants in Congress and the Coursts can save them.  Not even the lap dog media will touch this. excerpt: A coalition of all 50 states' attorneys general has been negotiating settlements with five of the biggest U.S. banks that would include payment of up to $25 billion in penalties and commitments to follow new rules. In exchange, the banks would get immunity from civil lawsuits by the states, as well as similar guarantees by the Justice Department and Department of Housing and Urban Development, which have participated in the talks. State and federal officials declined to say if any form of immunity from criminal prosecution also is under discussion. The banks involved in the talks are Bank of America, Wells Fargo, CitiGroup, JPMorgan Chase and Ally Financial. REUTERS REPORT PROMPTS LETTER Reuters reported Monday that major banks and other loan servicers have continued to file questionable documents in foreclosure cases. These include false mortgage assignments, and promissory notes with suspect or missing "endorsements," which prove ownership. The Reuters report also showed continued "robo-signing," in which lenders' employees or outside contractors churn out reams of documents without fully understanding their content. The report turned up several cases involving individuals who were publicly identified as robo-signers months ago. Reuters found that such activity has continued even after 14 major mortgage lenders signed settlements with federal bank regulators promising to halt such practices and give remediation to some homeowners who were harmed. In response to these disclosures, Sen. Robert Menendez (D-NJ), chairman of the Senate Subcommittee on Housing, Trans
Paul Merrell

Big Pharma Accused Of Illegal Price-Fixing, What You're Not Being Told - 0 views

  • A lawsuit filed Thursday in the U.S. District Court for the District of Connecticut alleges Heritage Pharmaceuticals, EpiPen-maker Mylan NV, and others conspired to manipulate U.S. drug prices. The suit was filed on behalf of the states of Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Kansas, and at least 12 others. Naming Heritage Pharmaceuticals Inc. as the “ringleader” of the alleged conspiracy, the suit claims the prices of doxycycline hyclate, an antibiotic, and glyburide, a treatment drug for diabetics, were kept artificially high due to a scheme involving Mylan, Mayne Pharma, Aurobindo Pharma, Teva Pharmaceuticals, and Citron Pharma LLC. Federal prosecutors claim the price-fixing scheme was orchestrated by executives who have left Heritage. The suit is part of an ongoing, two-year long antitrust investigation conducted by the U.S. Department of Justice. According to the New York Attorney General’s Office, former Heritage executives Jeffrey Glazer and Jason Malek conspired with others to avoid competition by “[entering] into numerous illegal conspiracies in order to unreasonably restrain trade, artificially inflate and manipulate prices and reduce competition.” By resorting to price-fixing, companies involved may have believed they would secure their market shares without presenting a major risk to one another. This alleged scheme, the suit argues, has caused “significant, lasting and ultimately harmful rippling effect in the United States healthcare system.” The 20 states named as plaintiffs in the suit claim the companies were aware of the legal ramifications of their actions and took steps to hide their intent and actions as soon as the investigation was launched.
  • Recently, Mylan was chastised for inflating the price of the EpiPen, a device used to combat life-threatening allergic reactions. As Anti-Media reported in August, news organizations “had a field day” when reports showed the price of the autoinjector had gone from $57 each in 2007 to $600 for a double package in 2016. During a hearing before Congress over the EpiPen scandal, Mylan CEO Heather Bresch called the outraged reactions to the price hike “overblown.” Adding that the price of the autoinjectors wouldn’t change anytime soon, Bresch defended the company’s decision, claiming “[Mylan]’s profit on its $609 EpiPen two-packs is about $50 per pen.” When examining Mylan’s involvement in politics since Bresch was named the company’s executive, it becomes apparent that Mylan may have had the opportunity to approach regulators from a privileged position due to the fact Sen. Joe Manchin (D-WV) is the CEO’s father. By 2010, the Food and Drug Administration (FDA) had changed federal guidelines associated with epinephrine prescriptions, allowing Mylan to change its EpiPen labels. By shifting packaging and selling twin-packs instead of single pens while marketing the devices to “anyone at risk,” Mylan widened the EpiPen market. In 2013, a congressional bill pressuring states to have stocks of EpiPens on hand was signed into law. It was conceived after a local seven-year-old died due to an allergic reaction to peanuts.
  • Mylan lobbied heavily for this bill and spent over $1 million that year alone in lobbying efforts. Due to this legislative success, up to 47 states now “require or encourage schools to stock the devices.” But as the company led the fight to introduce the EpiPen to a larger audience, it also led a legal battle to bring its competitors to their knees by influencing regulation that artificially raises costs of doing business for other companies. From our August report: “In 2009, Pfizer Inc., the world’s biggest drugmaker, and Mylan sued Teva Pharmaceutical Industries Ltd. over a patent infringement. At the time, the Israeli company was accused of using Mylan’s design without permission. But in 2012, both parties reached an agreement, and Teva was allowed to seek approval from the FDA for its epinephrine injecting device. “According to Gizmodo, Teva has failed to obtain approval from the FDA to develop affordable generic versions of the EpiPen. The company says it won’t try to go through the same process again until 2017. “The only other device that was closer to competing with Mylan’s EpiPen was Auvi-Q, and it was also driven out of the market. In 2015, the company launched a recall campaign claiming the devices could be delivering faulty dosages.”
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  • What this story shows us is that if companies conspire among themselves to keep competitors at bay, the federal government will accuse them of breaking antitrust laws. But when Congress approves increased regulation, effectively barring smaller companies from competing while creating monopolies, price-fixing is perfectly acceptable. Instead of a lawsuit against Heritage and Mylan, how about the People v. United States Congress? After all, if it weren’t for their relentless pursuit of special interest protections, companies wouldn’t have turned into the conglomerates they have become.
Paul Merrell

BofA Said to Split Regulators Over Moving Merrill Derivatives to Bank Unit - Bloomberg - 0 views

  • Bank of America Corp. (BAC), hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation. The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties, said the people, who asked to remain anonymous because they weren’t authorized to speak publicly. The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.
  • Three years after taxpayers rescued some of the biggest U.S. lenders, regulators are grappling with how to protect FDIC- insured bank accounts from risks generated by investment-banking operations. Bank of America, which got a $45 billion bailout during the financial crisis, had $1.04 trillion in deposits as of midyear, ranking it second among U.S. firms. “The concern is that there is always an enormous temptation to dump the losers on the insured institution,” said William Black, professor of economics and law at the University of Missouri-Kansas City and a former bank regulator. “We should have fairly tight restrictions on that.”
  • Moody’s Investors Service downgraded Bank of America’s long-term credit ratings Sept. 21, cutting both the holding company and the retail bank two notches apiece. The holding company fell to Baa1, the third-lowest investment-grade rank, from A2, while the retail bank declined to A2 from Aa3.
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  • The Moody’s downgrade spurred some of Merrill’s partners to ask that contracts be moved to the retail unit, which has a higher credit rating, according to people familiar with the transactions. Transferring derivatives also can help the parent company minimize the collateral it must post on contracts and the potential costs to terminate trades after Moody’s decision, said a person familiar with the matter. Bank of America estimated in an August regulatory filing that a two-level downgrade by all ratings companies would have required that it post $3.3 billion in additional collateral and termination payments, based on over-the-counter derivatives and other trading agreements as of June 30. The figure doesn’t include possible collateral payments due to “variable interest entities,” which the firm is evaluating, it said in the filing.
  • Derivatives are financial instruments used to hedge risks or for speculation. They’re derived from stocks, bonds, loans, currencies and commodities, or linked to specific events such as changes in the weather or interest rates. Dodd-Frank Rules Keeping such deals separate from FDIC-insured savings has been a cornerstone of U.S. regulation for decades, including last year’s Dodd-Frank overhaul of Wall Street regulation. The legislation gave the FDIC, which liquidates failing banks, expanded powers to dismantle large financial institutions in danger of failing. The agency can borrow from the Treasury Department to finance the biggest lenders’ operations to stem bank runs. It’s required to recoup taxpayer money used during the resolution process through fees on the largest firms.
  • Bank of America’s holding company -- the parent of both the retail bank and the Merrill Lynch securities unit -- held almost $75 trillion of derivatives at the end of June, according to data compiled by the OCC. About $53 trillion, or 71 percent, were within Bank of America NA, according to the data, which represent the notional values of the trades. That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show.
  • Moving derivatives contracts between units of a bank holding company is limited under Section 23A of the Federal Reserve Act, which is designed to prevent a lender’s affiliates from benefiting from its federal subsidy and to protect the bank from excessive risk originating at the non-bank affiliate, said Saule T. Omarova, a law professor at the University of North Carolina at Chapel Hill School of Law. “Congress doesn’t want a bank’s FDIC insurance and access to the Fed discount window to somehow benefit an affiliate, so they created a firewall,” Omarova said. The discount window has been open to banks as the lender of last resort since 1914. As a general rule, as long as transactions involve high- quality assets and don’t exceed certain quantitative limitations, they should be allowed under the Federal Reserve Act, Omarova said.
  • In 2009, the Fed granted Section 23A exemptions to the banking arms of Ally Financial Inc., HSBC Holdings Plc, Fifth Third Bancorp, ING Groep NV, General Electric Co., Northern Trust Corp., CIT Group Inc., Morgan Stanley and Goldman Sachs Group Inc., among others, according to letters posted on the Fed’s website. The central bank terminated exemptions last year for retail-banking units of JPMorgan, Citigroup, Barclays Plc, Royal Bank of Scotland Plc and Deutsche Bank AG. The Fed also ended an exemption for Bank of America in March 2010 and in September of that year approved a new one. Section 23A “is among the most important tools that U.S. bank regulators have to protect the safety and soundness of U.S. banks,” Scott Alvarez, the Fed’s general counsel, told Congress in March 2008.
  •  
    So according to Bloomberg, JPMorgan's commercial bank was the recipient of 99 percent of JPMorgan's $79 trillion (face value of derivatives) in bad bets. So adding JPMorgan's $78 trillion or so to the $75 trillion in bad bets Bank of America unloaded on its FDIC insured subsidiary, we arrive at $153 trillion in bad bets moved by two investment banks alone under the FDIC umbrella. Meanwhile, FDIC has authority under Dodd-Frank to liquidate these insolvent banks but doesn't, despite several successful lawsuits to recover the value of toxic derivatives that they sold to smaller banks that failed (which implies that FDIC could tell JPMorgan and BoA's investment banksters that they've got to pay off the toxic assets they transferred to their commercial banks, rather than diluting the insurance for normal depositors. Problem: the two big investment banks don't have sufficient assets to absorb those losses, so the too-politically-connected-to-fail factor kicks in. Note that I have not done any legal research in regard to these issues and am basing these observations on what has been stated about legal requirements in various media articles.
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