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Paul Merrell

Wall Street's Win on Swaps Rule Shows Washington Resurgence - Bloomberg - 0 views

  • Wall Street is re-emerging as a force in Washington as it closes in on one of its biggest wins against regulation since the financial crisis. With must-pass spending legislation making its way through Congress this week, banks seized on an opportunity to attach a measure that would halt a planned restriction on derivatives trading they had long opposed. The industry’s lobbying extended to the highest levels of finance with JPMorgan Chase & Co. (JPM) Chief Executive Officer Jamie Dimon pressing lawmakers to support the change.
  • Wall Street’s success, after four years of struggling to persuade Congress to ease the Dodd-Frank Act, is a precursor to more fights next year against some of the law’s hallmarks: the consumer protection bureau and stiff oversight of big financial companies whose failure could threaten the financial system. “The Wall Street interests -- the big banks -- they’re back,” said Richard Durbin of Illinois, the Senate’s second-ranking Democrat. The $1.1 trillion spending measure cleared its biggest hurdle when the House passed it last night and sent it to the Senate for consideration today. Banks had modest expectations even under the new Republican Congress that will convene in January, a group they presume will be more receptive to their agenda. Their surprising success this week may embolden lenders to seek deeper regulatory changes as Republicans take control of the Senate from Democrats.
  • The derivatives provision would let JPMorgan, Citigroup Inc. (C), Bank of America Corp. and other banks trade almost all swaps in divisions that have government backstops like deposit insurance. It would repeal a requirement that some of the trades be pushed out to separate units, which Wall Street argued would drive up costs for clients and increase risk in the financial system by moving the trades to firms less regulated than banks. Lawmakers put the requirement in Dodd-Frank, which was passed in 2010 after banks’ losses on souring derivative trades spurred a taxpayer bailout of Wall Street in 2008. The inclusion of the Dodd-Frank changes in the spending bill spurred a week-long opposition campaign by Senator Elizabeth Warren of Massachusetts, House Minority Leader Nancy Pelosi and other Democratic lawmakers. Their news conferences, TV interviews, emergency meetings on Capitol Hill and pressure from allies including the AFL-CIO labor federation prompted President Barack Obama to call lawmakers urging them to vote for the broader bill to avoid a government shutdown.
Paul Merrell

Report: Erdogan Trying to Hide Evidence of Supporting ISIS | The Tower - 0 views

  • Turkey’s regime is trying to hide any evidence that holds Turkish leaders responsible for the support of terrorist groups, especially the Islamic State of Iraq and Syria (ISIS), Turkish media is reporting. Turkey officially denies all accusations that it supports activities of terrorists and allows them to pass through its territory to fight the Syrian regime. Ankara has repeatedly called for the ouster of Syrian dictator Bashar al-Assad. The Arab news website Al-Watan Al-Arabi (Arabic link) quoted Turkish media sources as saying that West’s intention to investigate the relationship between the Turkish regime and the Islamic state organization raised Turkish president Recep Tayyip Erdogan’s fears. This fear caused him to have Hakan Fidan, the head of Turkey’s intelligence service and Erdogan’s right-hand man, get rid of any evidence that could be used against him in international courts. Erdogan reportedly instructed the intelligence agencies to hide all evidence and documents that show the involvement of the Turkish government in supporting ISIS, out of fear of being charged in international courts for supporting a terror organization.
  • Experts believe that Turkey turns a blind eye to militants who are going to Syria to join extremist groups via Turkish border crossings. They stress that Turkey, despite being a NATO member and having broad logistical and regulatory powers, facilitates this traffic out of hope that it will increase the possibility of the fall of Assad’s regime.
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    A caution that The Tower is a project of The Israeli Project, a notorious Israel front organization in the U.S. http://www.theisraelproject.org/what-is-tip/
Paul Merrell

AP Exclusive: Expert calls for Diablo Canyon shutdown | www.ktvu.com - 0 views

  • A senior federal nuclear expert is urging regulators to shut down California's last operating nuclear plant until they can determine whether the facility's twin reactors can withstand powerful shaking from any one of several nearby earthquake faults.Michael Peck, who for five years was Diablo Canyon's lead on-site inspector, says in a 42-page, confidential report that the Nuclear Regulatory Commission is not applying the safety rules it set out for the plant's operation.The document, which was obtained and verified by The Associated Press, does not say the plant itself is unsafe. Instead, according to Peck's analysis, no one knows whether the facility's key equipment can withstand strong shaking from those faults — the potential for which was realized decades after the facility was built.
  • Continuing to run the reactors, Peck writes, "challenges the presumption of nuclear safety."Peck's July 2013 filing is part of an agency review in which employees can appeal a supervisor's or agency ruling — a process that normally takes 60 to 120 days, but can be extended. The NRC, however, has not yet ruled. Spokeswoman Lara Uselding said in emails that the agency would have no comment on the document.The NRC, which oversees the nation's commercial nuclear power industry, and Diablo Canyon owner Pacific Gas and Electric Co., say the nearly three-decade-old reactors, which produce enough electricity for more than 3 million people annually, are safe and that the facility complies with its operating license, including earthquake safety standards.
  • The disaster preparedness of the world's nuclear plants came into sharp focus in 2011, when the coastal Fukushima Dai-ichi plant in Japan suffered multiple meltdowns after an earthquake and tsunami destroyed its power and cooling systems. The magnitude-9 earthquake was far larger than had been believed possible. The NRC has since directed U.S. nuclear plants to reevaluate seismic risks, and those studies are due by March 2015.The important of such an analysis came into sharp focus on Sunday when a magnitude 6.0-earthquake struck in Northern California's wine country, injuring scores of residents, knocking out power to thousands and toppling wine bottles at vineyards.
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  • What's striking about Peck's analysis is that it comes from within the NRC itself, and gives a rare look at a dispute within the agency. At issue are whether the plant's mechanical guts could survive a big jolt, and what yardsticks should be used to measure the ability of the equipment to withstand the potentially strong vibrations that could result.The conflict between Peck and his superiors stems from the 2008 discovery of the Shoreline fault, which snakes offshore about 650 yards from the reactors. A larger crack, the Hosgri fault, had been discovered in the 1970s about 3 miles away, after the plant's construction permits had been issued and work was underway. Surveys have mapped a network of other faults north and south of the reactors.According to Peck's filing, PG&E research in 2011 determined that any of three nearby faults — the Shoreline, Los Osos and San Luis Bay — is capable of producing significantly more ground motion during an earthquake than was accounted for in the design of important plant equipment. In the case of San Luis Bay, it is as much as 75 percent more.Those findings involve estimates of what's called peak ground acceleration, a measurement of how hard the earth could shake in a given location. The analysis says PG&E failed to demonstrate that the equipment would remain operable if exposed to the stronger shaking, violating its operating license.
  • The agency should shut the facility down until it is proven that piping, reactor cooling and other systems can meet higher stress levels, or approve exemptions that would allow the plant to continue to operate, according to Peck's analysis.Peck disagreed with his supervisors' decision to let the plant continue to operate without assessing the findings. Unable to resolve his concerns, Peck in 2012 filed a formal objection, calling for PG&E to be cited for violating the safety standards, according to his filing. Within weeks, the NRC said the plant was being operated safely. In 2013 he filed another objection, triggering the current review.
Paul Merrell

Bank Of America's $17 Billion Mortgage Crisis Settlement Could Be A Total Bust | ThinkP... - 0 views

  • Bank of America has agreed to a legal settlement with the Department of Justice (DOJ) to avoid prosecution for the hundreds of billions of dollars in bad mortgage loans that it and its subsidiaries sold to unwitting investors in the run-up to the financial crisis, according to multiple new reports. The total on-paper cost of the deal is reportedly at least $16 billion and perhaps as high as $17 billion, which makes it the largest corporate legal settlement with the government in U.S. history. But that record price tag is deceptive. The deal is unlikely to cost Bank of America anywhere close to that amount.
  • “If you let a thief buy his way out of jail, you should really make sure the check doesn’t bounce,” HDL national campaign director Kevin Whelan said in an email. “Even a record $17 billion settlement is a small fraction of the damage done by B of A and Countrywide. But it could do real good for a lot of families,” Whelan said. “The fact that the JP Morgan Chase settlement has not delivered any noticeable relief to families makes us skeptical.”
  • the government’s decision to pursue civil settlements rather than criminal cases against banks that inflated the toxic mortgage bubble means that shareholders pay the price while executives who oversaw the misconduct earn large bonuses.
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  • Even at face value, the reported settlement is minuscule compared to the harm caused by Bank of America companies. The on-paper cost of the deal is less than 7 percent of the value of the mortgage deals Bank of America and its subsidiaries Countrywide and Merrill Lynch made before the crisis that have since gone bad. (Bank of America bought Countrywide and Merrill Lynch at the height of the crisis.) Those three companies issued just shy of a trillion dollars in mortgage-backed securities in the run-up to the financial collapse, and $245 billion of those products have gone bad, according to Bloomberg. Bank of America had pushed for a much smaller settlement for months, arguing that it should not have to pay for the sins of the firms it bought at bargain-bin prices when the economy was reeling. But a court ruling last month regarding Countrywide’s most notorious mortgage swindle caused the bank to change its tune, according to the New York Times. Judge Jed Rakoff ordered the bank to pay about $1.3 billion for one tranch of defective mortgages sold under a program that Countrywide nicknamed “Hustle” because of its fraudulent nature. Having lost one court case over Countrywide’s notorious misdeeds, the Times says, Bank of America decided to stop resisting federal officials’ settlement demands.
  • After tax deductions, the settlement could easily shrink below the roughly $15 billion in profits the company has reported since 2011. And because the financial crisis sucked something like $14 trillion out of the economy and destroyed tens of trillions of dollars in wealth for homeowners, the DOJ can hardly claim to have delivered a proportional response. The department’s claims about the Bank of America settlement are likely to draw political scrutiny. A bipartisan bill from Sens. Elizabeth Warren (D-MA) and Tom Coburn (R-OK) would require government officials to state the full tax deductibility and true cost of corporate legal settlements in all public statements about them. That bill, inspired by the revelations that JP Morgan’s sweetheart deal with the DOJ didn’t come close to the portrait that Attorney General Eric Holder painted of it, was passed out of committee late last month.
Paul Merrell

China to Hand Argentina US$1 billion in Currency Swap | News | teleSUR - 0 views

  • Argentina's central bank head Juan Carlos Fabrega met with Chinese officials on Sunday to nut out the details of a currency swap that could relieve pressure on Buenos Aires. The deal is part of a US$11 billion Chinese loan secured by the Argentine government in July. The first billion dollar delivery of Chinese yuan is expected to be handed to Argentina by the end of the year, according to newspaper La Nacion. Argentina could use the yuan to buff up its international reserves, by Chinese goods or convert the cash to dollars. The Latin American nation's foreign currency reserves are currently sitting at a seven year low. Argentina is locked in a bitter dispute with a handful of U.S. investment funds, who have refused to accept a controversial bond swap offered by Beunos Aires following Argentina's 2002 default.
  • “During the meeting, the head of the People's Bank of China conveyed to Fabrega his country's support to Argentina in its dispute with bondholders in a New York Court,” Argentina's central bank stated, according to Reuters. Last Thursday, Argentina's senate passed a bill circumventing a U.S. court order for the country to pay the so-called vulture funds US1.3 billion, plus interest. The Argentine government has described the U.S ruling as “imperialist,” and accused the funds of speculation. On Tuesday, Argentina is set to push for a new international regulatory framework for the handling of sovereign debt disputes at the United Nations. The move has the backing of the G77 group, including China.
Paul Merrell

EU Considers Improved Russia Ties -- Update - NASDAQ.com - 0 views

  • The European Union could significantly scale back sanctions and resume discussions with Russia on issues from visa-free travel, cooperation with the Moscow-led Eurasian Economic Union and the crisis in Libya, Syria and Iraq if Russia moves to end the crisis in eastern Ukraine, according to an EU discussion paper. While insisting the EU cannot return to "business as usual" with Moscow, the paper suggests the EU consider gradually normalizing many aspects of its ties with Russia in what would be a significant shift in relations.
  • The paper, which hasn't yet been sent to member states, was prepared by the EU's foreign-policy arm ahead of a meeting of the bloc's foreign ministers in Brussels on Monday. No immediate decisions are expected from that meeting where the EU's medium-term approach to Russia is the main item on the agenda. EU energy chief Maros Sefcovic will visit Moscow on Wednesday for discussions with top officials from the government and the state gas company Gazprom.
  • with some signs that the situation in eastern Ukraine could stabilize--or at least not deteriorate--there have been growing calls to seek ways out of the stalemate. Within days of taking office, European Commission President Jean-Claude Juncker met with Russian President Vladimir Putin at the Group of 20 leaders meeting in Brisbane, Australia. EU foreign policy chief Federica Mogherini has said that she will visit Moscow in early 2015 and insisted dialogue must be maintained. The paper raises the question of whether the EU needs "a more proactive approach," including a series of possible trade-offs, to induce policy change from Russia. "Such a process would need to be selective and gradual, and commensurate with the degree to which Russia responds positively," the paper said.
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  • It warns however that, further thought should also be given to initiatives to strengthen the bloc's resilience to " further Russian pressure, intimidation and manipulation" in the energy, cybersecurity and aviation fields. The paper also urges reflection on how the EU should respond to Russia's funding of radical EU parties and its propaganda efforts. One key idea floated is that EU sanctions on Russia be regrouped into those directly tied to the Crimea annexation and others that could be lifted if the situation in east Ukraine is normalized. The former would stay in place as long as Moscow kept control of Crimea, where the paper says "no change is expected in the short term." The paper says the "EU should be ready to scale down" the latter "as soon as Russia implements the Minsk agreements." There is no mention in the paper that sanctions could be tightened if there is no improvement in the situation in eastern Ukraine.
  • The paper suggests that if Russia throws no fresh wrenches into the full implementation of the EU-Ukraine trade pact and takes steps to resolve outstanding trade disputes, the EU could consider establishment of formal relations with the Russian-dominated Eurasian Economic Union. The paper also floats the gradual resumption of discussions on energy, environment and climate change issues. It suggests a partial resumption of discussions on an updated bilateral trade and political agreement focusing on rule-of- law cooperation and regulatory convergence.
  • The EU's three Russia-related sanctions laws will expire between March and July and require the approval of all 28 member states to be extended by a further year.
Paul Merrell

Economy Grows Incomes Shrink | Al Jazeera America - 0 views

  • The first data on 2013 incomes show continuing bad news for Americans, my analysis of a new Internal Revenue Service report shows. Average income fell 2.6 percent in 2013, even though the economy grew 3.2 percent in real terms over 2012. Average inflation-adjusted income in 2013 was 8 percent lower than in 2007, the last peak economic year, and 6.9 percent less than in 2000, the year President George W. Bush set as the standard to evaluate the effect of his tax cuts and regulatory policies. This is the latest sign of a disturbing trend. An ever-shrinking share of national income flows to individuals while corporate profits expand. 
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    Labor continues to be denied a share of the profits in productivity gains. 
Paul Merrell

Morgan Stanley strikes $2.6bn deal to settle mortgage bubble case | Business | The Guar... - 0 views

  • Morgan Stanley has agreed to pay $2.6bn to settle federal charges over its role in the mortgage bubble and subsequent financial crisis.
  • The investment bank said late on Wednesday the $2.6bn will go to “resolve certain claims” the Justice Department intended to bring against Morgan Stanley. The settlement was disclosed in regulatory filing. Those specific claims were not disclosed. Morgan Stanley said in January it increased its legal reserves by $2.8bn to cover ongoing issues with its residential mortgage-backed securities division. Morgan is the latest bank, just like Citigroup, Bank of America and JPMorgan Chase, to pay billions to settle pending charges related to its role in the 2008 financial crisis. The Justice Department declined to comment. The agreement has not been finalised and could fall though.
Paul Merrell

Is NSA Surveillance Mastermind Keith Alexander Selling US Secrets to Wall Street? | VIC... - 0 views

  • Perhaps you already assume that there's some kind of twisted marriage between Wall Street megabanks and the US global surveillance regime. Why wouldn't there be? But not even a total cynic could have anticipated spymaster Keith Alexander cashing in this hard, this fast. As Bloomberg recently reported, the former National Security Agency chief, who resigned in March at the age of 62, quickly offered his cyber-security expertise at the eye-popping price of $1 million per month to an assortment of shady business lobbies. And now at least one member of Congress is probing this most delightfully dystopian of arrangements, raising the possibility that Alexander will be shamed out of the practice, if nothing else. “Disclosing or misusing classified information for profit is, as Mr. Alexander well knows, a felony. I question how Mr. Alexander can provide any of the services he is offering unless he discloses or misuses classified information, including extremely sensitive sources and methods,” Florida Democratic Rep. Alan Grayson wrote one of the business groups, the Security Industries and Financial Markets Association (SIFMA), which holds it down for Wall Street in Washington. “Without the classified information that he acquired in his former position, he literally would have nothing to offer to you.”
  • In an interview Monday, Grayson was even more strident in his criticism. "Frankly, what the general is doing is beginning to resemble an extortion racket," he told me. "This is a man who basically lied for a living, and he continues to do that." To be clear, what's uniquely outrageous about Alexander, who has apparently lowered his asking price to $600,000, is not that he is a former US official dangling his alleged expertise and the allure of privileged access to government officials before Wall Street. Former Secretary of State Hillary Clinton, who served under Barack Obama and is the odds-on favorite to succeed him, does this all the time, usually at a rate of about $250,000 a pop. (Indeed, one might argue that the very fact she has managed to do so while enjoying a stellar national reputation is what signaled to Alexander he might as well dive headlong through the revolving door.) But the former NSA head presumably knows things about sophisticated intelligence-gathering practices that very, very few people on Earth have been privy to—information that could be useful in the private sector, which has a tendency to collude with the military in ways that made former President and World War II General Dwight Eisenhower very sad.
  • "What could he possibly have that's worth $1 million a month other than classified information?" wonders Melanie Sloan, founder of Citizens for Responsibility and Ethics in Washington (CREW), a good government group. "That's more than former presidents make." Indeed, even former President Bill Clinton, whose corruption since leaving office is by now the stuff of legend, doesn't have the gall to ask for that much per gig. There's a sort of "fuck it!" attitude to what Alexander is doing, seemingly kicking sand in the face of everyone angry at his surveillance regime by getting paid to reflect on the experience of assembling it. More ominously, there's the prospect that Alexander, whether deliberately or otherwise, may have left behind vulnerabilities while running the NSA so as to put himself in prime position to effectively hold the banks hostage now. Certainly, there have been reports suggesting the agency was aware of some vulnerabilities it either could or did not address.   "What is especially troubling is he might actually be worth it," says former North Carolina Democratic Congressman Brad Miller, who worked extensively on financial regulation and Wall Street reform in Congress. "He's obviously not a computer geek. Some of the things that might have seemed paranoid a few years ago now seem more than plausible given what we've already learned the NSA has been doing."
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  • In an email, former New York Times reporter and Goldman Sachs regulatory guru Stephen Labaton—who is currently president of communications and influence powerhouse RLM Finsbury and apparently fielding the General's media inquiries—dismissed Grayson's critique and Miller's concerns. "The letter is ludicrous," he wrote me, before adding about Miller, "The congressman’s kidding, right? Will he [Alexander] next be tied to the Kennedy assassination?" But as Marcy Wheeler points out, given that the former NSA boss has spent the last year hyping the incredible risk of catastrophic cyber-attack, as well as the alleged damage done by Edward Snowden (an assessment his successor does not seem to share), it's fair to ask if his consultancy is essentially a scam. That the victims are, for now, Wall Street bankers—some of the least sympathetic human beings around—is a sweet bit of irony. But it doesn't change the bigger picture: In this age of total surveillance and unchecked financial power, the frontiers of corruption never seem to stop expanding.
Gary Edwards

Swimming with the Sharks: Goldman Sachs, School Districts, and Capital Appreciation Bon... - 0 views

  • In 2008, after collecting millions of dollars in fees to help California sell its bonds, Goldman urged its bigger clients to place investment bets against those bonds, in order to profit from a financial crisis that was sparked in the first place by irresponsible Wall Street speculation. Alarmed California officials warned that these short sales would jeopardize the state’s bond rating and drive up interest rates. But that result also served Goldman, which had sold credit default swaps on the bonds, since the price of the swaps rose along with the risk of default.
  • In 2009, the lenders’ lobbying group than proposed and promoted AB1388, a California bill eliminating the debt ceiling requirement on long-term debt for school districts. After it passed, bankers traveled all over the state pushing something called “capital appreciation bonds” (CABs) as a tool to vault over legal debt limits. (Think Greece again.) Also called payday loans for school districts, CABs have now been issued by more than 400 California districts, some with repayment obligations of up to 20 times the principal advanced (or 2000%).
  • The controversial bonds came under increased scrutiny in August 2012, following a report that San Diego County’s Poway Unified would have to pay $982 million for a $105 million CAB it issued. Goldman Sachs made $1.6 million on a single capital appreciation deal with the San Diego Unified School District.
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  • . . . AB1388, signed by then-Gov. Arnold Schwarzenegger in 2009, [gave] banks the green light to lure California school boards into issuing bonds to raise quick money to build schools. Unlike conventional bonds that have to be paid off on a regular basis, the bonds approved in AB1388 relaxed regulatory safeguards and allowed them to be paid back 25 to 40 years in the future. The problem is that from the time the bonds are issued until payment is due, interest accrues and compounds at exorbitant rates, requiring a balloon payment in the millions of dollars. . . . Wall Street exploited the school boards’ lack of business acumen and proposed the bonds as blank checks written against taxpayers’ pocketbooks. One school administrator described a Wall Street meeting to discuss the system as like “swimming with the big sharks.” Wall Street has preyed on these school boards because of the millions of dollars in commissions. Banks, financial advisers and credit rating firms have billed California public entities almost $400 million since 2007. [State Treasurer] Lockyer described this as “part of the ‘new’ Wall Street,” which “has done this kind of thing on the private investor side for years, then the housing market and now its public entities.”
  • The Federal Reserve could have made virtually-interest-free loans available to local governments, as it did for banks. But the Fed (whose twelve branches are 100% owned by private banks) declined. As noted by Cate Long on Reuters:
  • The Fed has said that it will not buy muni bonds or lend directly to states or municipal issuers. But be sure if yields rise high enough Merrill Lynch, Goldman Sachs and JP Morgan will be standing ready to “save” these issuers. There is no “lender of last resort” for muniland.
  • Among the hundreds of California school districts signing up for CABs were fifteen in Orange County. The Anaheim-based Savanna School District took on the costliest of these bonds, issuing $239,721 in CABs in 2009 for which it will have to repay $3.6 million by the final maturity date in 2034. That works out to $15 for every $1 borrowed. Santa Ana Unified issued $34.8 million in CABs in 2011. It will have to repay $305.5 million by the maturity date in 2047, or $9.76 for every dollar borrowed. Placentia-Yorba Linda Unified issued $22.1 million in capital appreciation bonds in 2011. It will have to repay $281 million by the maturity date in 2049, or $12.73 for every dollar borrowed.
  • In 2013, California finally passed a law limiting debt service on CABs to four times principal, and limiting their maturity to a maximum of 25 years. But the bill is not retroactive. In several decades, the 400 cities that have been drawn into these shark-infested waters could be facing municipal bankruptcy – for capital “improvements” that will by then be obsolete and need to be replaced.
  • Then-State Treasurer Bill Lockyer called the bonds “debt for the next generation.” But some economists argue that it is a transfer of wealth, not between generations, but between classes – from the poor to the rich. Capital investments were once funded with property taxes, particularly those paid by wealthy homeowners and corporations. But California’s property tax receipts were slashed by Proposition 13 and the housing crisis, forcing school costs to be borne by middle-class households and the students themselves.
  • According to Demos, per-student funding has been slashed since 2008 in every state but one – the indomitable North Dakota. What is so different about that state? Some commentators credit the oil boom, but other states with oil have not fared so well. And the boom did not actually hit in North Dakota until 2010. The budget of every state but North Dakota had already slipped into the red by the spring of 2009.
  • One thing that does single the state out is that North Dakota alone has its own depository bank.
  • The state-owned Bank of North Dakota (BND) was making 1% loans to school districts even in December 2014, when global oil prices had dropped by half. That month, the BND granted a $10 million construction loan to McKenzie County Public School No. 1, at an interest rate of 1% payable over 20 years. Over the life of the loan, that works out to $.20 in simple interest or $.22 in compound interest for every $1 borrowed. Compare that to the $15 owed for every dollar borrowed by Anaheim’s Savanna School District or the $10 owed for every dollar borrowed by Santa Ana Unified.
  • How can the BND afford to make these very low interest loans and still turn a profit? The answer is that its costs are very low. It has no exorbitantly-paid executives; pays no bonuses, fees, or commissions; pays no dividends to private shareholders; and has low borrowing costs. It does not need to advertise for depositors (it has a captive deposit base in the state itself) or for borrowers (it is a wholesale bank that partners with local banks, which find the borrowers). The BND also has no losses from derivative trades gone wrong. It engages in old-fashioned conservative banking and does not speculate in derivatives. Unlike the vampire squids of Wall Street, it is not motivated to maximize its bottom line in a predatory way. Its mandate is simply to serve the public interest.
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    " Remember when Goldman Sachs - dubbed by Matt Taibbi the Vampire Squid - sold derivatives to Greece so the government could conceal its debt, then bet against that debt, driving it up? It seems that the ubiquitous investment bank has also put the squeeze on California and its school districts. Not that Goldman was alone in this; but the unscrupulous practices of the bank once called the undisputed king of the municipal bond business epitomize the culture of greed that has ensnared students and future generations in unrepayable debt."
Paul Merrell

Yellowstone Oil Spills Expose Threat to Pipelines Under Rivers Nationwide | Inside Clim... - 0 views

  • At the time the Poplar pipeline ruptured, about 110 feet of it was completely uncovered along the bottom of the Yellowstone River, exposing it to damage.
  • Bridger Pipeline LLC was so sure its Poplar oil line was safely buried below the Yellowstone River that it planned to wait five years to recheck it. But last month, 3.5 years later, the Poplar wasn't eight feet under the river anymore. It was substantially exposed on the river bottom—and leaking more than 30,000 gallons of oil upstream from Glendive, Montana. An ExxonMobil pipeline wasn't buried deeply enough for the Yellowstone River, either. High floodwaters in 2011 uncovered the Silvertip pipe, leaving it defenseless against the fast-moving current and traveling debris. It broke apart in July, and sent 63,000 gallons of oil into the river near Laurel, Montana.
  • Both companies underestimated the river's power and its penchant for scouring away the earth that's covering and protecting their pipelines. That miscalculation led to the Exxon Silvertip spill and it's likely to be declared a significant factor, at a minimum, in the Poplar spill. Such misjudgments have potentially troubling implications nationwide, since pipelines carrying crude oil and petroleum products pass beneath rivers and other bodies of water in more than 18,000 places across America. Many of them are buried only a few feet below the water. "There were a lot of people who wanted to think that the last pipeline spill in the Yellowstone River in 2011 was a freak accident that would never happen again. After this most recent spill, no one believes that anymore," said Scott Bosse, Northern Rockies director for American Rivers. "The truth is, there are probably hundreds of pipelines across the country that are at considerable risk of rupturing under our rivers."
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  • While corrosion is the No. 1 cause of pipeline spills, a sizable number of pipelines at water crossings have ruptured or been endangered by river scour. Among them: ► The Poplar (Jan. 2015) and Silvertip (July 2011) pipeline failures on the Yellowstone River. ► More than 20 pipeline river crossings in Montana were found to be "dangerously close to exposure" during inspections of nearly 90 pipeline crossings in 2011, according to one report. Many of them have since been reburied significantly deeper. The Poplar pipeline was not among the crossings tagged as being close to exposure. ► Nearly half of the 55 oil and gas pipelines that cross the Missouri River were found to have sections buried 10 feet or less below the riverbed, according to the Wall Street Journal. A study by the U.S. Geological Survey, meanwhile, found that the Missouri riverbed had deepened by nine to 41 feet in 27 places because of severe scouring during the 2011 floods. ► An Enterprise Products Partners LLP pipeline that was uncovered by river scouring and ruptured in August 2011. The line spilled more than 28,350 gallons of a gasoline additive into the Missouri River in Iowa. ► A June 2012 spill in Alberta, Canada, where an oil pipeline owned by Plains Midstream Canada failed along the Red Deer River and released more than 122,000 gallons of light crude. Investigators concluded that the pipe was uncovered by scour during high flood waters and subjected to vibrations from the river flow that led a weld to fail.
  • Three Enbridge Corp. crude oil pipelines crossing Minnesota's Tamarac River were exposed by floodwater erosion years ago, and were still exposed in mid-2014. None of the pipes had failed at that point, but one was being propped up by steel legs, according to an MPR News account. Federal regulations aren't much help. The only rule that addresses pipe burial at major river crossings requires petroleum pipelines to be laid at least four feet below the riverbed at the time of construction. Once a pipeline's installed, there are no requirements regarding burial depth. There is no rule requiring exposed pipelines to be reburied, though a spill under those conditions would invite regulatory penalties for leaving the line exposed to hazards. What's more, federal rules put the pipeline companies in charge of identifying all threats that could cause a spill in highly populated or environmentally sensitive areas, and the companies get wide latitude in deciding what to do about them, according to Rebecca Craven, program manager at the Pipeline Safety Trust, a nonprofit group that tracks pipeline risks and regulations.
  • Indeed, the required four-foot minimum initial burial depth for pipelines can be completely eliminated by natural erosion over time or by a single flood event. Active free-flowing rivers can carve with enough ferocity to lower their riverbeds by 20 feet or shift the waterway onto an entirely new path, which can add new stresses to the pipeline or put the river over pipe that has less cover or lacks reinforcement or protective cement casings. The hotly debated Keystone XL oil pipeline project would cross nearly 2,000 rivers, streams and reservoirs in Montana, South Dakota and Nebraska, according to one estimate. The route takes the pipe across the Missouri and Yellowstone rivers, where owner TransCanada has pledged to install the pipeline 35 feet below the riverbeds.
  • See Also: Ruptured Yellowstone Oil Pipeline Was Built With Faulty Welding in 1950sIce Hinders Cleanup of Yellowstone Oil Pipeline SpillExxon Overlooked, Masked Safety Threats in Years Before Pegasus Pipeline BurstDilbit in Exxon's Pegasus May Have Contributed to Pipeline's Rupture
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    One of the hidden costs of oil dependence. 
Paul Merrell

American Democracy is Owned by the Rich | Al Jazeera America - 1 views

  • Two new studies by political scientists offer compelling evidence that the rich use their wealth to control the political system and that the U.S. is a democratic republic in name only. In a study of Senate voting patterns, Michael Jay Barber found that “senators’ preferences reflect the preferences of the average donor better than any other group.” In a similar study of the House of Representatives, Jesse H. Rhodes and Brian F. Schaffner found that, “millionaires receive about twice as much representation when they comprise about 5 percent of the district’s population than the poorest wealth group does when it makes up 50 percent of the district.” In fact, the increasing influence of the rich over Congress is the leading driver of polarization in modern politics, with the rich using the political system to entrench wealth by pushing for tax breaks and blocking redistributive policies.
  • At the turn of the decade, political scientists Larry Bartels, Jacob Hacker and Martin Gilens wrote several incredibly influential important books arguing, persuasively, that the preferences of the rich were better represented in Congress than the poor. After the books were published, there was a flurry of research arguing that they had overstated their case. Critics alleged two key defects in Bartels’ and Gilens’ arguments. First, because polling data on the super-wealthy were sparse, it was difficult to prove that there were large differences in opinion. Political scientists often rely on composite measures of policy liberalism, but since the poor tend to be more economically liberal but socially conservative, the differences between the poor and moderately rich can often be obscured. Second, there was no way to show that influence of the wealthy was caused directly by the influence of money. It might well be that the rich are simply opinion leaders or are more likely to vote.
  • Recent research offers compelling answers to these criticisms. The new evidence adds credence to the Bartels-Gilens-Hacker view that money is corrupting American politics. By using a massive database of ideology that includes the super wealthy, Schaffner and Rhodes found that “members of Congress are much more responsive to the wealthy than to their poor constituents.” However, this difference is not equal between both parties; rather, Democrats are far more responsive to the poor than Republicans. (This is not surprising; other research supports this claim.) They find that both parties strongly favor the upper-middle class, those with $100,000 to $300,000 in wealth. But Republicans are not only more responsive to the rich, but particularly to rich donors. Schaffner and Rhodes argue that, “campaign donations, but not voter registration or participation in primary or general election, may help explain the disproportionate influence of the wealthy among Republican representatives.” Barber’s study is the first to directly examine the policy preferences of the donor class. Barber sent 20,500 letters to people who contributed to 22 Senate elections in 2012 and asked about various policy questions. This allowed Barber to examine the differences in representation between donors and non-donors. His finding: Donors’ preferences tend to be far better represented than non-donors’. The chart below measures the ideological differences between various groups, with 0 indicating a perfect fit. The data show that Senators are almost perfectly aligned with their donors, but rather distant from voters.
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  • In fact, politicians are almost perfectly aligned with donors, but less aligned with partisans (people who voted for the Senator and share party affiliation), supporters (people who voted for the Senator) and voters in general. He Barber also finds that donors tend to be far more extreme in their views (see chart below). For instance, while about sixty percent of non-donor Republicans oppose the Affordable Care Act, opposition among donors is “almost unanimous.” Barber also notes that donors tend to be far more extreme than non-donors (see chart). (This is supported by other studies).
  • Such data could explain the rising polarization of Congress, as politicians increasingly respond to their donors, rather than to voters. Political scientists Walter J. Stone and Elizabeth N. Simas have found that challengers raise more money when they take extreme positions, which helps explain why incumbent representatives tend to be more partisan than departing representatives. It certainly explains the intransigence of the last two Congresses: Republicans, who are responding to their rich donor base, are incentivized to oppose any action, particularly those supporting Obama, lest they lose funding. Since Senators have to raise approximately $3,300 a day every year for six years to remain viable, they will inevitably have to succumb to the power of money if they wish to be reelected. This research raises the disturbing thought that our political system is no longer representative. As Barber notes, about half of all donors are from out of state, meaning that politicians are no longer responsive to their voters (though they are slightly more during election years). Given that only .22 percent of Americans made a donation of more than $200 (the level Barber studies) in 2014, we have power evidence that America is now a government of the one percent — indeed, of the one-fifth of one percent.
  • This disturbing trend affects politics at all levels. At the state level, political scientists Gerald Wright and Elizabeth Rigby found that state party platforms are far more influenced by the rich than the poor. Elsewhere, Barber found evidence that presidents are more responsive to donors than non-donors. Recently Griffin and Newman found representation gaps between whites and people of color as well as low-income voters. This finding is supported by Christopher Ellis, who found that donors were better represented than non-donors (although using a less comprehensive method than Barber). In a frank moment, U.S. Sen. Chris Murphy (D – Conn.) said, “I talked a lot more about carried interest inside of that call room than I did in the supermarket.” He’s correct: Donors tending to be far richer and wealthier than non-donors (see chart).
  • There are still unanswered questions. It is possible that politicians cast ideological votes to appease donors and partisans (for instance, the vain attempt to repeal the Affordable Care Act dozens of times), while also working to benefit the poor and middle class through less visible means. This might explain why political journalists, who often focus on major legislation, miss the distributional impacts of political appointments and regulatory action. It may be that politicians work to maximize votes, and then political donations follow (though there is strong evidence this isn’t the case). Either way, the most up-to-date evidence strongly suggests that money is distorting our system, and that evidence appears to be growing stronger by the day.
  • The solution, as a recent Demos report suggests, is to help reformist candidates gather donations with a public matching system. Since voters who are non-donors are less ideological, the solution is to balance out the political distortions from the donor class by turning these non-donors into donors. Citizens United has only increased the stranglehold of moneyed interests on our political system, and is daily choking the life of our democracy. Only by restoring influence to all voters will our republic be restored.
Paul Merrell

POGO Provides Statement for House Hearing on VA Whistleblowers - 0 views

  • In the spring of 2014, the Project On Government Oversight (POGO) put out the call to whistleblowers within the Department of Veterans Affairs (VA) to provide an inside perspective on the issues the Department was facing. In our 34-year history, POGO has never received as many submissions on a single issue. Nearly 800 current and former VA employees and veterans from 35 states and the District of Columbia contacted us. POGO reviewed each of the submissions, and found that concerns about the VA go far beyond long or falsified wait times for medical appointments; they extend to the quality of health care services veterans receive. A recurring and fundamental theme became clear: VA employees across the country fear they will face repercussions if they dare to raise a dissenting voice. POGO wrote a letter to Acting VA Secretary Sloan Gibson in July last year, highlighting three specific cases of current or former employees who agreed to share details about their personal experiences of retaliation.[1] In California, a VA inpatient pharmacy supervisor was placed on administrative leave and ordered not to speak out after protesting “inordinate delays” in delivering medication to patients and “refusal to comply with VHA regulations.” In one case, he said, a veteran’s epidural drip of pain control medication ran dry, and another veteran developed a high fever after he was administered a chemotherapy drug after its expiration point.
  • In Pennsylvania, a former VA doctor told POGO that he had been removed from clinical work and forced to spend his days in an office with nothing to do. This action occurred after he complained that, in medical emergencies, physicians who were supposed to be on call were failing or refusing to report to the hospital. The Office of Special Counsel (OSC) shared his concerns, writing “[w]e have concluded that there is a substantial likelihood that the information that you provided to OSC discloses a substantial and specific danger to public health and safety.”[2] In Appalachia, a former VA nurse told POGO she was intimidated by management and forced out of her job after she raised concerns that patients with serious injuries were being neglected. In one case she was reprimanded for referring a patient to the VA’s patient advocate after weeks of being unable to arrange transportation for a medical test to determine if he was in danger of sudden death. “Such an upsetting thing for a nurse just to see this blatant neglect occur almost on a daily basis. It was not only overlooked but appeared to be embraced,” she said. She also pointed out that there is “a culture of bullying employees….It’s just a culture of harassment that goes on if you report wrongdoing,” she said.
  • That culture doesn’t appear to be limited to just one or two VA clinics. Some people, including former employees who are now beyond the reach of VA management, were willing to be interviewed by POGO and to be quoted by name, but others said they contacted us anonymously because they are still employed at the VA and are worried about retaliation. One put it this way: “Management is extremely good at keeping things quiet and employees are very afraid to come forward.” This kind of fear and suppression of whistleblowers who report wrongdoing often culminates in the larger problems, as the VA is currently experiencing. By now it is well known that employees who recently raised concerns about veteran wait times faced reprisal. But whistleblower retaliation in the VA is nothing new. In 1992 a congressional report detailed the experiences of VA employees who were harassed or fired after reporting problems.[3] Throughout the 1990s there were several congressional hearings conducted on the quality of care at VA hospitals and on reprisal against VA employees who exposed inadequate care.[4] Despite then-Secretary Togo D. West’s declaration that such reprisals would not be tolerated, a House hearing in 1999 found that the reprisal problems still existed.[5] A Government Accountability Report from 2000 found that many VA employees were unaware of their rights to protections against retaliation for blowing the whistle on wrongdoing.[6] The report also found that the majority of employees feared retaliation and were therefore unwilling to report misconduct.
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  • The Office of Special Counsel (OSC) has been working to investigate claims of retaliation and get favorable actions for many of the VA whistleblowers who have come forward. Since April 2014, the OSC has successfully obtained corrective actions for over 25 whistleblowers.[7] But the OSC still has over 100 pending VA reprisal cases to investigate, among the highest of any government agency, according to Special Counsel Carolyn Lerner.[8] Although the VA has been cooperative with the OSC and their recommendations, merely addressing isolated incidents is not enough.[9] The VA has been struggling with a culture problem for decades and something more must be done.
  • VA employees who have concerns about management or fear retaliation are supposed to be able to turn to the VA’s Office of Inspector General (OIG). But whistleblowers have come to doubt the VA IG’s willingness to hold wrongdoers accountable. Since 2014, the IG Office has not yet publically released any investigation into employee retaliation, making it difficult to assess how seriously the IG’s office is taking this issue. Furthermore, the VA IG’s office issued an administrative subpoena to POGO in May 2014 that was little more than an invasive fishing expedition for whistleblowers. The IG demanded “All records that POGO has received from current or former employees of the Department of Veterans Affairs, and other individuals or entities.”[10] Though POGO did not comply with the subpoena, such an action was cause for concern for many of the whistleblowers who had shared information with us. POGO remains concerned that there is not a permanent VA IG in place and that the position has been vacant for over a year.[11] Our own investigations have found that the absence of permanent leadership can have a serious impact on the effectiveness of an IG office.[12] Acting IGs do not undergo the same kind of extensive vetting process required of permanent IGs, and as a consequence usually lack the credibility of a permanent IG. Acting IGs also often seek appointment to the permanent position, which can compromise their independence by giving them an incentive to curry favor with the White House and the leadership of their agency.[13] Perhaps most worrisome, given the significant challenges facing the VA IG, a 2009 study found that vacancies in top agency positions promote agency inaction, create confusion among career employees, make an agency less likely to handle controversial issues, result in fewer enforcement actions by regulatory agencies and decrease public trust in government.[14]
  • It appears the VA IG may be subject to this dangerous lack of independence. For example, the VA OIG has failed to release the results of 140 health care investigations since 2006.[15] Furthermore, the Department of Treasury IG sent a letter to this Committee just last month raising concerns about another VA IG investigation. After speaking to witnesses familiar with the situation, the Treasury IG concluded that their testimony, “calls into question the integrity of the VA OIG’s actions in this particular manner.” The Treasury IG’s investigation also found that multiple witnesses stated a VA employee boasted about his ability to influence the VA OIG’s investigations.[16]
  • In POGO’s 2014 letter, we recommended concrete steps for incoming VA Secretary McDonald to take in order to demonstrate an agency-wide commitment to changing the VA’s culture of fear, bullying, and retaliation. Neither Acting Secretary Sloan Gibson nor Secretary McDonald have responded to our multiple requests for a meeting. Clearly, an important first step will be for the President to nominate a permanent IG for the VA. Hopefully strong and committed leadership in that office will correct its current course. POGO recommended that Secretary McDonald make a tangible and meaningful gesture to support those whistleblowers who have been trying to fix the VA from the inside. Once the OSC has identified meritorious cases, Secretary McDonald should personally meet with those whistleblowers and elevate their status from villain to hero. These employees should be publicly celebrated for their courage, and should receive positive recognition in their personnel files, including possibly receiving the types of bonuses that have been provided to wrongdoers in the past. Retaliation against whistleblowers is already a prohibited personnel practice, but it will be up to the senior-most VA leadership to ensure that this rule is enforced by the agency. This should not be an isolated event done in response to recent criticisms but an ongoing effort. Whistleblowing must be encouraged and celebrated or wrongdoing will continue.
  • But it’s not just the VA Secretary who can work to fix this problem. Congress should enact legislation that codifies accountability for those who retaliate against whistleblowers. The definition of “wrongdoing” must include retaliation. The cultural shift that is required inside the Department of Veterans Affairs must be accompanied by statutory mandates that protect whistleblowers and witnesses inside the agency from retaliation. Legislation should ensure that whistleblowers are able to be confident that stepping forward to expose wrongdoing will not result in retaliation, and should provide a system to hold retaliators within the VA accountable. Congress should also extend whistleblower protections to contractors and veterans who raise concerns about medical care provided by the VA. POGO’s investigation found that both of these groups also fear retaliation that prevents them from coming forward. While federal employees working at the VA enjoy whistleblower protections, contractors do not. Congress should extend the same protections to contractors in order to promote internal oversight in an increasingly contractor-heavy landscape.
  • In addition, a veteran who is receiving poor care should be able to speak to his or her patient advocate without fear of retaliation, including a reduction in the quality of health care. Without this reassurance, there is a disincentive to report poor care, allowing it to continue uncorrected. Congress should extend whistleblower protections to veteran whistleblowers. The VA and Congress must work together to end this culture of fear and retaliation. Whistleblowers who report concerns that affect veteran health must be lauded, not shunned. And the law must protect them.
Paul Merrell

A coming crackdown on Federal Reserve power? - Jennifer Liberto - POLITICO - 0 views

  • A move to shift power away from the New York Federal Reserve Bank is finding some powerful friends in Congress amid lingering worries that a key part of the central bank is too cozy with Wall Street. Two Republicans running the banking committees have both said they plan to explore proposals from the outspoken, former Dallas Federal Reserve Bank President Richard Fisher that would roll back a long-standing provision that gives the president of the New York Federal Reserve Bank an automatic position as vice chairman of a powerful committee and weaken New York’s oversight of Wall Street banks. Story Continued Below The politics may be ripe for chipping away at the power of the Federal Reserve, uniting liberals who want to crack down on Wall Street, Republicans who don’t like the Fed’s easy money policies and libertarians who are suspicious of the Fed altogether.
  • Fisher, who retired Thursday after 10 years at the Dallas Fed, wants to yank the New York Fed’s permanent position as vice chair of the all-powerful Federal Open Market Committee, the panel charged with making monetary policy decisions, which met Wednesday. While the New York Fed president could still participate in monetary policy discussions, he or she would no longer always get a vote. Fisher suggested the job should rotate among the regional Federal Reserve Banks every two years.
  • The move would upend the current structure, as the New York Fed has had a lock on that spot since 1936, thanks largely to its role as the infrastructure, which supplies the trading desk that carries out the Fed’s monetary policy decisions. Fisher is also proposing that other regional Fed banks oversee some of the Wall Street giants in a move aimed at addressing criticism the New York Fed missed warning signs of the financial crisis, is too soft on Wall Street and holds too much power and influence at the Fed. “The greatest concern appears to be the problem of regulatory capture by the largest and most powerful institutions,” Fisher said in a February speech in New York laying out his plan. Wall Street critics have been suspicious of the New York Fed since it and its then leader, Timothy Geithner, played a key role in responding to the 2008 financial crisis and the bailouts that entailed.
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  • Late last year its current president, William Dudley, was hauled before the Senate Banking Committee after reports from ProPublica and NPR’s This American Life that focused on a New York Fed examiner who said her warnings about certain business practices and deals at Goldman Sachs were ignored or brushed aside by her superiors. She provided recordings of her dealings with Fed officials to back up her case. “We’ve got on tape higher-ups at the New York Fed calling off the regulators,” Warren told Dudley at the November hearing. “And I’m just asking the same kind of question — is there a cultural problem at the New York Fed? I think the evidence suggests that there is.”
Paul Merrell

CFPB Determined to Regulate Billion Dollar Payday Loan Industry - Top US & World News |... - 0 views

  • The Consumer Financial Protection Bureau (CFPB) has a new set of rules aimed at preventing payday loan operations from targeting low-income borrowers who will be buried by high fees and rising debt loads. Payday loans are traditionally a loan of $500 or less wherein the borrower “provides a personal check dated on their next payday for the full balance or give the lender permission to debit their bank accounts. The total includes charges often ranging from $15 to $30 per $100 borrowed. Interest-only payments, sometimes referred to as rollovers, are common.” Using these lenders to make ends meet, borrowers are taken advantage of which has traditionally been a state regulatory issue. However now the federal government will be stepping in to curb this extortive multibillion dollar industry. Fees from payday loans can quickly accumulate, causing some borrowers to “lose their bank accounts and cars, or even risk prison time”.
  • Richard Corday, director of the CFPB, said: “Extending credit to people in a way that sets them up to fail and ensnares considerable numbers of them in extended debt traps, is simply not responsible lending.” These new rules cover payday loans, vehicle loans, loans using a car as collateral and various other forms of high-cost lending. Enders will be responsible for making sure debtors can repay the loan in full on time before extending the loan by checking their income, borrowing history, previous financial obligations and any other indicators that the borrower would most likely default or roll over the loan. • A 60 day respite between loans • Lenders must provide affordable repayment options • Loans cannot exceed $500 • Loans cannot have multiple finance charges • Loans cannot use a vehicle as collateral Regulations on interest rates and repayments as a share of income include mandatory capping off to prevent run-a-way fees.
  • Back in February, the CFPB warned about the payday loan industry which is largely unregulated and functions outside of proper oversight and accountability. The CFPB estimates that the $46 billion payday loan or cash advance industry has no oversight, refuses to give full disclosures of interest and fees involved, and takes an annual percentage of an excess of 300% against borrowers. The Consumer Federation of America (CFA) counts 32 states in the US that “permit payday loans at triple-digit interest rates, or with no rate cap at all.” Shockingly 80% of payday loans are rolled over within 14 days while an estimated 50% of these loans are “in a sequence at least 10 loans long.”
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    The first sentence if false; no rules have been adopted or even been published. In fact, these aren't even formal rule proposals or advance notice of public rulemaking, all of which must be poublished in the Federal Register, per the Administrative Procedures Act.   The Bureau is still in the information gathering stage.
Paul Merrell

Bureau files ECHR case challenging UK government over surveillance of journalists' comm... - 0 views

  • The Bureau of Investigative Journalism is asking a European court to rule on whether UK legislation properly protects journalists’ sources and communications from government scrutiny and mass surveillance. The Bureau’s application was filed with the European Court of Human Rights on Friday. If the court rules in favour of the application it will force the UK government to review regulation around the mass collection of communications data. The action follows concerns about the implications to journalists of some of the revelations that have come out of material leaked by Edward Snowden. These have made it clear that by using mass surveillance techniques and programs such as Tempora government agencies can not only collect, store and scrutinise the content of electronic communications but also analyse masses of metadata – the details about where digital communications such as emails originate and the subject area of those communications. Gavin Millar QC, who is working on the case with the Bureau, believes UK authorities are routinely carrying out such data collection and analysis and says this enables a sophisticated picture to be developed of a journalist’s or organisation’s network of contacts, sources and lines of enquiry as well as materials, subjects and persons of interest to them.
  • The Bureau’s Christopher Hird says: “We understand why the government feels the need to have the power of interception. “But our concern is that the existing regulatory regime to control the interception of communications data – such as phone calls and emails – by organisations such as GCHQ does not provide sufficient safeguards to ensure the protection of journalists’ sources, and as a result is a restriction on the operation of a free press.” The collection of data by authorities is governed in the UK by the Regulation of Investigatory Powers Act, known as RIPA. This is primarily focused on internal communications. Many of the investigations undertaken by Bureau journalists involve foreign sources and stories, which are more vulnerable to interception as RIPA does not provide the same safeguards as it does for internal communications. The Bureau is working with lawyers from Doughty Street chambers and law firm Leigh Day, who have advised that there is little protection or rigorous scrutiny provided by current UK legislation for these “external” communications.
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    Note that this case was filed with the ECHR in September 2014.  Quote from a prior decision of the ECHR involving Dutch journalists and government surveillance that will give UK government a steep hill to climb in persuading the ECHR to give GCHQ a pass:  "…where, as here, a power of the executive is exercised in secret, the risks of arbitrariness are evident. Since the implementation in practice of measures of secret surveillance is not open to scrutiny by the individuals concerned or the public at large, it would be contrary to the rule of law for the legal discretion granted to the executive to be expressed in terms of an unfettered power. Consequently, the law must indicate the scope of any such discretion conferred on the competent authorities and the manner of its exercise with sufficient clarity, having regard to the legitimate aim of the measure in question, to give the individual adequate protection against arbitrary interference."
Gary Edwards

The Business Offensive: A Symmetrical Ruling Class - 0 views

  • Since the close of World War II, America has sought an integrated policy as the militarization of capitalism
  • In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government.
  • the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State.
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  • Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status.
  • Here government was crucial to harmonious internal structural arrangements, anticompetitive in its policies for the promotion of monopolism sector-by-sector including banking (the House of Morgan, whose offshoots firmed up the organization of railroads and manufacturing) as the means to systemic consolidation—an end to internecine competition—which was achieved in the early 20th century under Theodore Roosevelt and Woodrow Wilson (themselves the Janus-faced construct of the Battleship Navy and supposed liberal internationalism) setting the stage for the present era.
  • In practice, we see the interpenetration of business and government as the integration of monopoly capitalism in its own right.
  • By the late 1940s one can say that the military remained a junior partner of a synthesized ruling group or class, given the overwhelming thrust of business and its ascendant banking wing in defining American capitalism.
  • American capitalism could no longer go it alone, the military increasingly supplying the muscle for continued expansion and profitability. Korea and Vietnam were important chapters in the reshaping of a capitalist polity, with numerous interventions beyond mention the underpinning for a coalescent framework of elites, all making for a structural process of shaking down to the bare essentials the capitalist and military components in search of equilibrium. For otherwise, America feared its decline and would do anything to prevent.
  • Granted, it is hard to conceive of capitalism as a perpetual war machine, especially in America, which labors under the fiction of being, or if it ever was, then remaining, a democracy.
  • But there it is, an arms budget dwarfing all else, military bases strategically gathered worldwide, death squads euphemistically termed Special Ops, presidential-directed drone assassinations, the list goes on—so much so that one almost forgets capitalism is centrally about business and profits, not murder and mayhem.
  • the Great Capitalist Synthesis
  • an accomplice to the more successful militarization of capitalism by holding its own as an integral part in the relationship. In sum, the desideratum of business as usual, as in fleecing the consumer and jeopardizing his/her safety, destroying the environment, and best of all, removing itself from the constitutional foundations of the rule of law.
  • Corporations and banks have become a law unto themselves, with all the organs of government stretching from the Executive, Congress, the Supreme Court, to myriad regulatory agencies some unbeknownst to the public, sitting as a chorus of admiring voices egging them on.
  • Corporate Rescindment of Legal Rights: Business Power Run Amuck,
  • Class-action law suits, frequently the only feasible action of the poor for seeking redress of grievances against the giant corporations, are all but prohibited, replaced in contracts by compulsory-arbitration clauses, intended in the first place to kill class actions, which compel the individual standing alone to face insurmountable odds in a process by which the corporation names the arbitrator, keeps the proceedings secret, and determines the rules of procedure.
  • Civil courts are thrown to the winds.
  • It is as though capitalism, in this one seemingly minor area touching primarily the normalization of everyday relationships, has gone on the offensive, not of course to re-establish its relation to the military, but specifically and directly to exercise its domination over the people.
  • The now-and-future business polity is the fulfillment of the fascist dream, an authoritarian power structure of corporate consolidation supported through governmental suppression of dissent at home and an aggressively waged foreign policy to capture world markets.
  • The small print of the contracts one signs, whether for car rentals or nursing homes, and thousands of transactions in between, emboldens capitalism to go its solipsistic way, to the destruction of freedom, the planet, and human dignity.
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    "Since the close of World War II, America has sought an integrated policy as the militarization of capitalism. In the intervening years, this was not always easy to achieve, as, depending on circumstances, one or the other, the corporate-financial order, and the military itself, asserted itself and made strong demands on government. The result was never an intracompetitive mold because each needed and recognized the value of the other, but still there were periods of imbalance in their respective surges of governmental policy-emphasis. American capitalism had become a functional duopoly (C. Wright Mills' Power Elite was a good popular discussion of this general structure at an earlier point in our capitalist-development trajectory after the war), the Cold War itself providing a cover for the US globalization of power via market penetration, international financial and monetary architecture under US supervision, and the steady build-up of an Armaments State. There is nothing actually new here about the American historical pattern, except of course the more explicit and pronounced role to be assigned the military in the stabilization and expansion of American capitalism. The military was never at any point following the Civil War a negligible input in synthesizing the materials for an operational ruling class, but essentially, as in the late-19th century policy of the Open Door, business was sufficiently confident of its own power (the "imperialism of free trade") to carry forward the process of expansion largely on its own. Yet, the dynamism of early modern capitalism, realized in part through grinding methods of labor suppression, notably, the privatization of force, helped on by a compliant government, meant that within capitalism itself there was tremendous jockeying for power requiring the imposition of Order if major railroads and industrial firms were to enjoy their secure monopoly status."
Paul Merrell

Despite Global Economy Plummeting into Despair, Mega Banks Boast All-Time Record Profits - 0 views

  • After seven years of benefiting from the greatest transfer of wealth in history, the U.S. banking industry topped it off with record profits in 2015. The Great Fleecing may have reached its height just as the scheme known as Quantitative Easing ran out of gas. The U.S. banking industry earned net income of $163.63 billion in 2015, the highest net income of any year in the SNL bank regulatory database, which dates back to 1991… The largest four banks, JPMorgan Chase Bank NA, Bank of America NA, Wells Fargo Bank NA and Citibank NA together earned 42.7% of the industry’s income in 2015.
Paul Merrell

Out of Gas: Turkey is Losing Its Battle with Russia | Observer - 0 views

  • Turkey has told the Reuters news agency that Russia has stopped work on its nuclear power plants.  In reality, the Turks are exaggerating.  The Russians haven’t really stopped—they have really only slowed down. It is another piece in the intensifying conflict that has enveloped Russia and Turkey over the downing of a Russian AU-24 slow moving bomber by a Turkish F-16 fighter jet. The nuclear deal began in 2013. The Turks promised to pay $20 billion and the Russian nuclear company Rosatom promised to build four 1,200 megawatt nuclear electrical power plants in Turkey. The first plant was scheduled to be opened in 2019, but from the very outset things have not run on schedule.  One reason is that the project confronted international regulatory problems.
  • The Russians have done this before—only with Iran.  They slowed down on the original proposal, Iran took the Russians to the World Court, and sued them. They wanted their nuclear plants.
  • Now, because of their experience with Iran, Russia realizes that stopping entirely would prove costly. Huge disincentives and penalties are built into the contract.  And Turkey has already started shopping around for someone else to finish the nuclear job. Good luck. Here is the crux of the problem and why Turkey can never win in this conflict with Russia. Turkey is almost totally dependent on imported energy. They have been counting on these nuclear plants and should be conducting back-door diplomatic negotiations to resurrect the deal , but they do not appear to be doing that. Tensions between the Turks and Russians do not seem to be dissipating. So much so that Russia has also stopped importing Turkish fruits and vegetables. The reason they give is poor Turkish sanitation and hygiene, but the real reason is because the jet shot down the bomber. This isn’t  just a case of no more Turkish pistachio nuts or dates. Turkish fruits and vegetables account for 20 percentof Russia’s total fruit and vegetable consumption. This is a huge loss for the Turkish economy.  A $4 billion annual loss in fruit and vegetable revenue. Russia has said they will easily make up the loss by importing more from Iran and Israel.
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  • Turkey cannot get that much gas replaced.  They are in public conflict not only with Russia but also with alternative suppliers.  They sided with the Muslim Brotherhood so Egypt will not supply them.  They have been very aggressively critical of Saudi Arabia so they will not supply them.  There is always Israel and Israel could, potentially, help supply Turkey’s natural gas needs—but Turkey, a former ally of the Jewish state, has been openly hostile to Israel. The Russian minister of agriculture has said, “Allah has already decided to punish Turkey’s ruling clique, depriving them of mind and reason.” For their part, Turkey is counting on the help of the EU and the general disdain almost everyone has for Putin and his style of leadership especially in the aftermath of Russia’s land grab on Crimea and their invasion of Ukraine. But Turkey is misreading the situation.  Just because the world criticizes Putin and Russia it does not translate into action.
  • Russia has also cancelled the junkets and all expense included holiday vacation trips that Russians make  every year to Turkey.  The numbers tell the complete story. Last year 3.3 million Russians vacationed in Turkey.  That was 10 percent of all the tourists that visited Turkey. For Russia, however pleasant they were, these vacations are not essential and they will find someplace else to fill their vacation needs.  Turkey, however, will not find 3.3 million other tourists. Russia wants to punish Turkey.  That should be clear.  And Vladimir Putin definitely has the ability to make things difficult for Turkey.  The balance of trade is pretty clear. Russia purchases $30 billion in goods from Turkey per year. All of those services are easily replaced elsewhere. But Turkey relies on Russia for $20 billion of natural gas every year.  If that flow is even slightly altered, even for a single day—Turkey will grind to a halt.  That natural gas engines Turkey’s electric grid. Gas is next. Russia will start pulling it.  They have already cancelled work on the underwater gas pipeline which, together with the nuclear electric plants, would eventually make Turkey more energy independent.
  • This is the case even in the Middle East. Russia marched into Syria, set up a huge air-force base, and established a significant presence.  The West warned the Russians not to put boots on the ground.  Russia went in anyway and their actions were met with only a few tepid condemnations.  When the Turkish F-16 jet shot down the SU-24 Russia bomber, that’s when international voices were raised— and they were raised to urge calm and deescalate tensions, not to blame Russia. Turkey thinks that because there are UN sanctions against Russia there is a way to leverage that power and squeeze Russia.  If the world stood by when Russian military pranced into Ukraine and Crimea how can Turkey expect them to act now? Russia will get away with everything.  And despite pressure that Turkey is trying to apply—the real pressure will be placed by Russia on Turkey.  No one is willing to step forward and help Turkey.  If this continues, Russia will destroy them.
Paul Merrell

Martin Shkreli Arrested on Securities Fraud Charges - 0 views

  • Martin Shkreli, a boastful pharmaceutical executive who came under withering criticism for price gouging vital drugs, denied securities fraud charges on Thursday following an early morning arrest, and was freed on a $5 million bond. While the 32-year-old has earned a rare level of infamy for his brazenness in business and his personal life, what he was charged with had nothing to do with skyrocketing drug prices. He is accused of repeatedly losing money for investors and lying to them about it, illegally taking assets from one of his companies to pay off debtors in another. “Shkreli essentially ran his company like a Ponzi scheme where he used each subsequent company to pay off defrauded investors from the prior company,” Brooklyn U.S. Attorney Robert Capers said at a press conference.
  • Evan Greebel, a New York lawyer, who is alleged in the federal indictment to have helped Shkreli in his schemes, was also arrested and charged. Like Shkreli, he pleaded not guilty, and he was freed on a $1 million bond. Both men and their lawyers declined to comment after their court appearance.
  • Read the full text of the indictment here In the federal indictment and a complaint by the Securities and Exchange Commission, authorities say Shkreli began losing money and lying to investors from the time he began managing money. In his mid-20s, he got nine investors to place $3 million with him and at one point he had only $331. Securities fraud is hardly unheard of on Wall Streeet and the amounts involved here are nowhere near on the scale of Bernie Madoff. But Shkreli’s case has drawn such attention because of his defiant price-gouging and his own up-by-the-bootstraps history. The son of immigrants from Albania and Croatia who did janitorial work and raised him and his brothers in working-class Brooklyn, Shkreli seemed at first to embody the American dream and then to mock it. After dropping out of an elite Manhattan high school, he worked as an intern for Jim Cramer’s hedge fund as a 17-year-old and quickly impressed with his ability to call stocks. He created hedge funds, taught himself biology and, after earning a BA at Baruch College in New York City, began hedge funds investing in biotech.
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  • He became famous within a certain world but entered public consciousness after he raised the price more than 55-fold for Daraprim in September from $13.50 per pill to $750. It is the preferred treatment for a parasitic condition known as toxoplasmosis, which can be deadly for unborn babies and patients with compromised immune systems including those with HIV or cancer. His company, Turing Pharmaceuticals AG, bought the drug, moved it to a closed distribution system and instantly drove the price into the stratosphere. He drew shocked rebukes from Congress, doctors and presidential candidates, and brought public attention to the rising prices of older drugs. Donald Trump called Shkreli a “spoiled brat,” and the BBC dubbed him the “most hated man in America.” Bernie Sanders, the Democratic presidential candidate, rejected a $2,700 campaign donation from him, directing it to an HIV clinic. A spokesman said the campaign would not keep money “from this poster boy for drug company greed.” All the criticism seemed at first to have some impact and Shkreli said he would lower the price. Then he reneged. When Hillary Clinton tried one more time last month to get him to cut the cost, he dismissed her with the tweet “lol.” At a Forbes summit in New York this month, wearing a hooded sweatshirt, he said if he could have done it over, “I probably would have raised the price higher,” adding, “My investors expect me to maximize profits.”
  • Shkreli did further damage to his public image with other acts and boasts. He spent millions on the only copy of a Wu-Tang Clan album that music fans are desperate to hear and then told Bloomberg Businessweek that he had no immediate plans to listen to it. He takes often to Twitter and message boards, bragging about his business strategies, musical tastes and politics; he live-streams from his office for long stretches. The SEC complaint and federal indictment lay out a series of schemes and cover-ups carried out by Shkreli. Capers said authorities began investigating him as early as 2014.
  • Barely 23, he was managing hedge fund Elea Capital in New York and lost it all in 2007. Around then, a trade with Lehman Brothers ended with a $2.3 million judgment against him, prosecutors said. In 2010, he lost his clients’ $3 million investment in his new fund, MSMB Capital. In 2011, he bet that shares of Orexigen Therapeutics Inc. would fall and wound up owing $7 million to his broker, Merrill Lynch, authorities said. He couldn’t pay, and he, an unnamed accomplice and MSMB Capital eventually extinguished the debt with a $1.35 million settlement, they said. Part of that money came from his next firm, authorities said. After the collapse of MSMB Capital, Shkreli launched MSMB Healthcare with about $5 million from 13 investors. He paid himself “far in excess” of the agreed-upon 1 percent management fee and 20 percent profit incentive, according to the SEC.
  • Shkreli then used cash from MSMB Healthcare to invest in Retrophin, the pharmaceutical company he founded in 2011, even though it “had no products or assets,” prosecutors said. Later, he used the assets of Retrophin to repay angry investors in his hedge funds, prosecutors said. Shkreli is confident that he will be cleared of the charges, according to a statement on his behalf. Shkreli is particularly disappointed that his litigation with Retrophin has become a government enforcement matter, according to the statement. He also denied the charges regarding the MSMB entities, which he said involve complex accounting matters that prosecutors and the SEC fail to understand, according to the statement. “It is no coincidence that these charges, the result of investigations which have been languishing for considerable time, have been filed at the same time of Shkreli’s high-profile, controversial and yet unrelated activities,” according to the statement. “The government suggested that Mr. Shkreli was involved in a Ponzi scheme. Ponzi victims do not make money, yet Mr. Shkreli’s investors enjoyed strong results.”
  • As Shkreli’s losses mounted, so did his lies. He fabricated portfolio statements and, with his lawyer’s help, deceived the SEC and outside accountants. He backdated records, manufactured a phony loan agreement between Retrophin and a hedge fund, and created sham consulting agreements with Retrophin as a way to route the company’s cash to his earlier investors. Greebel, the arrested lawyer, made sure Retrophin’s outside accountants were unaware of Shkreli’s financial maneuvers and helped him concoct the consulting agreements used to repay the hedge fund investors, the U.S. said. The cases mirror a lawsuit brought by Retrophin. Shkreli blithely dismissed his old company’s claims, saying, “The $65 million Retrophin wants from me would not dent me. I feel great. I’m licking my chops over the suits I’m going to file against them.” Earlier, he had denied wrongdoing in a post on InvestorsHub after Retrophin disclosed it had received a subpoena from federal prosecutors and the preliminary findings from its own investigation of Shkreli. He called the company’s allegations “completely false, untrue at best and defamatory at worst.”
  • “Every transaction I’ve ever made at Retrophin was done with outside counsel’s blessing,” he said on the investment blog in February, without identifying the lawyers. When Shkreli was working for Cramer’s firm, he was still a teenager. After recommending successful trades, Shkreli eventually set up his own hedge fund, quickly developing a reputation for trashing biotechnology stocks in online chatrooms and shorting them, to enormous profit. Widely admired for his intellect and sharp eye, he set up Retrophin to develop drugs and acquire older pharmaceuticals that could be sold for higher profits. Turing, which is less than a year old and has raised $90 million in financing, has followed a similar strategy with the purchase of drugs, including Daraprim. Shkreli recently bought a majority stake in KaloBios Pharmaceuticals Inc. after Turing received a warning from the New York attorney general that the distribution network for Daraprim may violate antitrust laws. State officials made their concerns known to Turing and Shkreli in an Oct. 12 letter obtained by Bloomberg.
  • KaloBios recently acquired the license for benznidazole, a standard treatment for Chagas, a deadly parasitic infection most common in South and Central America. The firm announced plans to increase the cost from a couple hundred dollars for two months to a pricing structure like that for hepatitis-C drugs, which can run to nearly $100,000 for 12 weeks.
  • With the federal charges and regulatory actions, Shkreli could be banned from running a public company, which could put the future of KaloBios into question. Trading in KaloBios shares was halted after the stock fell 53 percent. It’s less clear what the impact could be on Turing, which is closely held.
  • Federal authorities will have to ask a judge to impose an asset freeze if they want to guarantee Shkreli doesn’t dispose of ill-gotten gains. The charges suggest that a small group of health-care firms—ones that acquire the rights to drugs and significantly increase their prices—is drawing the scrutiny of regulators and prosecutors, with a possible chilling effect on aggressive drug-pricing strategies. Legislators are already paying attention. A hearing of the Senate Special Committee on Aging on Dec. 9 scrutinized such tactics. Before Shkreli started Turing, Retrophin raised the price of Thiola, used to treat a rare condition causing debilitating recurrences of kidney stones, from $1.50 a pill to $30. “Some of these companies seem to act more like hedge funds than traditional pharmaceutical companies,” said Senator Susan Collins, a Maine Republican who ran the recent hearing. George Scangos, CEO of biotechnology giant Biogen Inc., went further, saying in an interview, “Turing is to a research-based company like a loan shark is to a legitimate bank.”
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    Couldn't happen to a nicer guy.
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