I am going to break a self-imposed rule here and use a word that is not in the Pocket Oxford dictionary. The word is “malversation”. It does not describe a discussion you might have with the tax authorities any more than “conversation” defines a talk with Bernie Madoff from which you walk away shirtless. Malversation is misconduct in public office, or corrupt behaviour in a position of trust. When it is evident it is meant to be prosecuted, unless you are too big to fail and too big for jail.
In the early eighties the American government stepped in to clean up the mess of the Savings and Loan Crisis through a bail-out program called the Resolution Trust Corporation, at a cost of $132 billion to the U.S. taxpayer, but they also exacted pounds of flesh by convicting more than a thousand malefactors who perpetrated mass mortgage fraud from their financial institutions. The experience gained by the Federal Bureau of Investigation during and after the S&L debacle was not lost as evidenced by this headline from CNN on September 17, 2004:
WASHINGTON (CNN) — Rampant fraud in the mortgage industry has increased so sharply that the FBI warned Friday of an "epidemic" of financial crimes which, if not curtailed, could become "the next S&L crisis."
This time around it was’nt just the bit players from the Peoples Bank of Poughkeepsie who were up to no good. The mega-banks on Wall Street could not pass up on a ready supply of sub-prime loans from crooked mortgage originators, and with the collusion of the rating agencies who had long been in their back pockets, packaged a new form of “security” called a collateralized debt obligation (CDO) and sold them around the world through their sales forces. Supposedly sophisticated pension fund administrators are also prone, it would seem, to mistaking a $1000 Armani suit for intelligence and integrity. The cost to Joe Public may amount to ten times the expense he incurred in the eighties to bail out the regional banks, and not one indictment has yet to be filed in reference to to the fallout from the financial collapse of 2008. Is the wanton disregard of underwriting standards for easy profits and ludicrously large bonuses an actionable offence, or should it be considered merely an error in judgement and a cost of doing business as usual? Periodic financial loss used to be the means by which a free market purged itself of excess speculation and imprudent behaviour, but with the readiness of governments to use the public purse to backstop the risk-taking of the giant financial players, how is this cycle of miscreance going to end?
There is a growing realization by taxpayers in the U.S. that the wool is being pulled over their eyes. Former Secretary of Labor in the Clinton administration and now economics professor at Berkley, Robert Reich, raised the alarm last week about the recent revelation of the secret bailout of Bear Stearns by the Federal Reserve Bank months before Congress authorized the government to spend up to $700 billion of taxpayer dollars bailing out the banks, and months before Lehman Brothers collapsed in 2008. You can read his entire post in the Huffington Post here http://www.huffingtonpost.com/robert-reich/the-fed-in-hot-water_b_522059.html, but let me reprint three main points that he makes:
- First, only Congress is supposed to risk taxpayer dollars. The Fed is not part of the legislative branch. Its secret deals, announced almost two years after they were done, violate the democratic process, if not the Constitution itself. Thomas Jefferson put a stop to Alexander Hamilton’s idea of a powerful central bank out of fear it would be unaccountable to the public. The Fed has just proven Jefferson’s point.
- Second, if the Fed can secretly bail out big banks, the problem of "moral hazard" – bankers taking irresponsible risks because they know they’ll be rescued – is far greater than anyone assumed after Congress and the Bush and Obama administrations bailed out the banks. Big banks will always be too big to fail because they know the Fed will secretly back them up if they get into trouble, even if Congress won’t do it openly.
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Third, the announcement throws a monkey wrench into the financial reform bill now on Capitol Hill, which gives the Fed additional authority by, for example, creating a consumer protection bureau inside it. Only yesterday, Sen. Jim DeMint (R-S.C.) blasted the Dodd bill for expanding the Fed’s authority "even as it remains shrouded in secrecy."
Government officials argue that they had no choice but to bail out the banks in the manner which they did, in order to save the financial system from self-destruction, and thereby prevent a global depression. This may be true, though the counter-argument is that, as in the eighties, selective bank failures could have been allowed and losses taken which would have mitigated costs to the taxpayer and applied the appropriate market discipline to forestall a repeat of the speculative fever which is again building momentum. The taxpayer has yet to feel the real pain that is coming. The contingent liabilities of future government entitlements of social security, and now health care, are increasingly looking like impossible targets to meet given current deficits. What happens when the citizenry in the United States realize, that not only have they lost their shirts, but that they are sans-culottes as well?