May 2011 - Represent Consumers

The Scandal That Won't Go Away

Despite the efforts of our public officials and bankers to ignore it, downplay it, paper it over or make it disappear, the fraud surrounding the mortgages at the heart of the financial collapse is the scandal that won’t go away.

Two big stories breaking over the past week showed what strong legs the scandal has. First, Huffington Post reported on a series of confidential audits that showed five of the country’s largest mortgage companies defrauded taxpayers in their handling of foreclosures on homes purchased with government-backed loans.

Then the New York Times and others trumpeted an investigation of the mortgage securitization process by New York’s new state attorney general, Eric Schneiderman. This investigation won strong praise from two of the toughest watchdogs on the financial beat, Matt Taibbi at Rolling Stone and Robert Scheer at Truthdig, who portrayed Schneiderman as a hared-charging prosecutor who unlike the feds and other state attorney generals, is not intimidated by Wall Street.

But Reuters financial blogger Felix Salmon argued that confidential audits, which were turned over to the Justice Department were a much bigger story than Schneiderman’s investigation.

Until Schneiderman’s investigation bear some fruit, I think history suggests we should be skeptical of officials who claim they are going to get tough on the banks and protect consumers.

Salmon pinpoints the real significance of the Schneiderman investigation – the continuing cracks in the state attorney general’s 50-state coalition that was negotiating with the banks to settle claims of mortgage fraud. Some Republicans had already criticized the state attorney generals for being too tough on the banks, referring to a proposed settlement as a shakedown. Other critics have raised questions about whether the attorney generals are being too soft, having sat down to negotiate without having done robust investigations first to gather ammunition.

Whatever the outcome of these on-going investigations’s, the week’s news guarantees one thing – the mortgage fraud scandal, and its offspring the foreclosure scandal, are not going away any time soon.

Around the Web / Foreclosures / Martin Column - 05/19/2011

What About The Rest of Us?

In one of the most appalling aspects of our current politics, our elites – elected officials, media lords and corporate chieftains, have swept the opinions and concerns of most Americans off the table to pursue their own agenda.

So we’re stuck with sterile political games focused on the national debt, even while a majority of Americans favor higher taxes on the rich and more aggressive action to reduce unemployment.

We get the highly touted insider trading conviction of a hedge fund billionaire while the Justice Department doesn’t pursue its own FBI’s massive evidence of the too big to fail bank’s fraud at the heart of the financial collapse.

It’s clear that whoever is setting priorities is not us. Take for example President Obama’s deficit commission, which has worked hard to legitimize the austerity agenda embraced by most of both parties. Not only was it stacked with well-known deficit hawks, It was made up of a collection of lifetime politicians, bureaucrats, with a CEO thrown in – because we wouldn’t want the CEOs to feel left out of any big idea brainstorming.

But what about the rest of us? Over at Campaign For America’s Future, Dave Johnson has been asking some intriguing, relevant questions.

For one, what would the deficit commission have looked like if it truly reflected the population of the country, rather than the backroom.

If a 100-person deficit panel truly reflected the country, it would present a stark contrast to the gang the president relied on:

• 19 people on the commission would receive some form of Social Security benefits, 12 of those as retirees. And on this deficit commission they get to talk when the ones making over $250K propose cutting Social Security.

• 43 of the commission members would have less than $10,000 saved up for retirement. 27 of those less than $1,000.

• 98 of the 100 members would make less than $250,000 a year.

• 50 of the members would come from households in which the total income of all wage-earners is less than $52,029.

• 13 would have income below the poverty level.

• 14 members would be receiving food stamps.

• 16.6% of the commission members would be un- or underemployed, and would be wondering why they are on a deficit commission at all instead of a jobs commission.

• The commission would include the right proportion of factory and construction workers, and people who work in a kitchen, and work waiting tables, and teaching, and nursing, and installing tires, and all the other things that people do except, apparently, those on DC elite commissions. (People who do hard, manual labor get an extra vote each on what the retirement age should be.)

• 74 members would not have college degrees.

• 20 would not have graduated high school.

• 18 would speak a language other than English at home.

Under present circumstances it’s highly unlikely that the president would appoint a commission to consider the deficit or anything else for that matter that wasn’t stacked with wealthy insiders intent on slashing government services for anybody who is not like them. But highlighting the disconnect does point out in a particularly graphic way why those at the top have managed to get left out when its time to divide up the sacrifices.

Financial Crisis / Martin Column - 05/17/2011

Quotable-Neil Barofsky

"My view of financial institutions is colored by my years as a prosecutor...None of this surprises me. They are profit-driven corporations that seek to maximize profitability without much regard to social gain."

Neil Barofsky
former inspector general, TARP

Homepage Content / Quotable - 05/12/2011

Bringing it All Back Home

Looking at the photo of President Obama and his advisers tracking the mission to kill Osama bin Laden, I was struck by the president’s extraordinary intensity.

In the photograph I read not only his passion for the mission and his concern for the Navy SEALS, but his knowledge that his own job could be at stake.

Looking at Obama so present in the photograph, I couldn’t help but think about how absent he’s been from the economic crisis that’s afflicting millions of people here at home. Yes, he’s been worried about Bin Laden; yes, he’s obsessing about the deficit; and yes, he’s got to raise a billion dollars to fund his reelection. But we are still facing an economic crisis that has left housing behind, with the worst unemployment in decades.

So where’s the situation room for the unemployed and those losing their homes? Where are the presidential commissions and crack teams focused on tracking down new ways to salvage communities ravaged by foreclosure and joblessness?

I had the opportunity to hear President Obama at a rally a couple of weeks ago. He talked about how he stays up late reading letters from the unemployed. But the president’s rhetoric rang hollow and slick in the face of his lack of aggression in fighting for benefits for the long-term unemployed. He abandoned them at the same time that he extended the Bush era tax cuts for the wealthiest.

They’re the Obama era tax cuts now.

We’re in a bitter fight for real economic recovery here at home, to keep the most vulnerable from further suffering, to narrow the widening gap between rich and poor, to keep the country from losing its soul. It’s a complex mission, in uncertain terrain, against implacable foes.

The mission in Abbottabad required guts, rigorous planning, determination and flawless execution to accomplish what was deemed just and right. Now we need our president and all of his intensity fighting for us here at home.

Martin Column / President Barack Obama - 05/12/2011

Real Fraud, Faux Enforcement

The number one question people ask me when they find out I write about the financial crisis is: “How come nobody has gone to jail?”

I think I have found an explanation. His name is Robert Khuzami and he works as chief of the Securities and Exchange Commission’s enforcement division.

He is not the literal reason. SEC enforcement is civil, not criminal. So he’s not responsible for putting people in prison.

But focusing on Khuzami puts into sharp focus the conflicts at the heart of the government’s efforts to regulate and hold accountable the big banks.

Khuzami is a former federal prosecutor. But he came to the SEC from a high-profile position he took after his stint as a lawman: he served as general counsel to Deutsch Bank, one of the world’s largest investment banks, which had a massive business in the securitized mortgage loans, and was the recipient of nearly $12 billion in “backdoor bailout” federal funds funneled through AIG.

The Wall Street Journal reported that Khuzami was the first SEC enforcement chief to come directly from a big bank. He is one in a long line of Obama economic appointments with strong ties to the financial industry, who either worked for the banks directly or in their interests by favoring deregulation that was one of the major causes of the economic collapse.

Now Khuzami’s former employer, Deutsch Bank, is in hot water with the feds, who sued the bank earlier this month alleging that the “bank committed fraud and padded its pockets with undeserved income as it repeatedly lied so it could benefit from a government program that insured mortgages,” Business Week reported.

For the SEC, it’s all kosher because its stringent recusal policy assures that Khuzami won’t work on any Deutsche Bank cases.

Remember that Khuzami was not just a guy punching a clock. He was the bank’s general counsel, so he supervised legal issues for the firm.

So here was a former federal prosecutor who, in the midst of the go-go real estate boom, apparently thought it was OK for his bank to commit mortgage fraud. Zero Hedge dug up his financial disclosure statement, which reveals he was compensated nearly $4 million in salary and bonuses between 2006 and 2009, and may lose money if Deutsche Bank suffers as a result of the government’s lawsuit.

The president and the SEC, knowing what kind of mischief the too big to fail banks were engaged in during the boom, and how Khuzami had profited from it, thought it was a terrific idea to appoint somebody like him to go after his former cronies.

Khuzami’s tenure at SEC has been marred by accusations that he gave two Citibank executives preferential treatment in agreeing to drop charges against them after he met secretly with their lawyer. In January, the SEC’s inspector general said it was investigating the matter.

Is there no one but former bankers available to work in the financial sector? The president, with $1 billion to raise to fund his reelection effort, has been unwilling to dig into the fraud at the heart of the financial collapse. Until he does, the economic recovery will be built on quicksand.

AIG / Martin Column / President Barack Obama / Securities and Exchange Commission (SEC) / Too Big To Fail - 05/11/2011

P.R. Won't Fix Foreclosure Mess

Will one of the nation’s too big to fail banks succeed in buying its way out of a shameful scandal stemming from dozens of improper foreclosures of military families and overcharging thousands more?

J.P. Morgan Chase, which hauled in $25 billion in the bailout, is in full damage control mode, paying out $56 million to settle a class action brought by military families – about $4,500 per family – and temporarily lowering mortgage interest to 4 percent for other military families.

But the bank is still facing a federal investigation stemming from the allegations. Whether the Justice Department finds the nerve to hold accountable one of the big banks remains an open question.

It hasn’t so far, despite evidence of widespread fraud in the bank’s use of robo-signers who verified the accuracy of thousands of foreclosure documents without ever reading them.

But our political leaders haven’t worked up the courage to call it what it is.

The bank had no choice but to acknowledge it had screwed up. To show just how serious it was about doing right by the nation’s fighting men and women, J.P. Morgan Chase appointed an actual commission with some real-life celebrities on it, including retired general William McChrystal and former football legend Roger Staubach.

The Justice Department has no excuse not to go after J.P. Morgan and other banks that have been violating the Servicemembers Civil Relief Act, which is supposed to keep military families safe from foreclosure while they’re on active duty. Military families have been particularly hard hit by the foreclosure crisis, with 20,000 facing foreclosure last year, a 32 percent increase since 2008.

Federal investigators just made the Justice Department’s job easier – in a recent study GAO found more than a couple of dozen improper foreclosures of military families. You might not think that sounds too bad, until you realize they found those bad foreclosures in an examination of just 2,800 foreclosure files.

Instead of pretending that the foreclosure mess is just going to sort itself out on its own, our political leaders need to acknowledge how deep a hole the big banks have dug for the rest of us to figure a way out of.

We don’t need more hapless PR. A realistic first step would be a foreclosure moratorium. If anybody else but the big banks were engaged in these kind of shenanigans, it would just be labeled what it is: fraud, plain and simple.

Around the Web / Foreclosure / Martin Column - 05/09/2011