Biggest Loser, Too Big to Fail Edition

Welcome to this week’s episode of the Biggest Loser, Too Big to Fail Bank edition!

Each week we tally up the bad behavior of a banker who took taxpayers’ money in the bailout, only to engage in more obnoxious antics calculated to hurt the very taxpayers whose generosity has guaranteed the bankers’ gazillion dollar annual compensation.

This week we’re featuring a surprise guest, a banker who, in the past, the press fawned over as one of the savviest Wall Street titans, who managed to actually enhance his reputation during and after the 2008 financial collapse.

Please welcome JPMorgan Chase CEO Jamie Dimon, whose bank is the biggest in the nation, with total assets of $2.3 trillion.

He’s not one of those CEOs who presides over a big bank that everybody assumes is a zombie, like Bank of America and Citibank.

No, Dimon and his bank actually made money. He was presumed to know what he was doing. Especially by President Obama, who welcomed him to the White House on numerous occasions.

And Dimon has distinguished himself as the most vocal opponent of bank regulation, which Dimon says could be bad, not just for him, but for America.

Dimon is tops in the public relations game – his reputation wasn’t tarnished even after federal authorities found that his bank was improperly foreclosing on the nation’s veterans and JPMorgan Chase had to pay $45 million two months ago to settle a lawsuit.

Dimon was still invited to the White House and fancy seminars where the attendees hung on his every word.

That was before Dimon admitted last week that one of his top traders had lost $2 billion on trades that were supposed to hedge against other risky bets that the banks’ traders were taking.

These were bets that were supposed to reduce the bank’s risks, not cost it $2 billion.

It’s just the latest evidence that not even the smartest banker, not even Jamie Dimon, who just a couple of weeks ago had dismissed warnings about the bets as a “tempest in a teapot,” has a clue as to how their own firm’s complicated financial engineering works.

Admittedly, the competition for too big to fail biggest loser is tough because the bailed-out bankers’ behavior has been so bad.

Determining the biggest winners is easy, however: the politicians and lobbyists who have collected millions in campaign contributions and lobbying fees from bankers who have successfully crippled efforts at real reform. JP Morgan Chase’s latest losses will no doubt reinvigorate the debate over financial reform, causing the banks to shovel yet more money to the politicians and lobbyists in their effort to make sure that the only true reform – breaking up the big banks, so they’re not too big to fail  – never happens.

Beyond the reality TV theatrics of the political debate, we know who the real losers are – the taxpayers who foot the bill and citizens who are shut out of political debate by the corporations who dominate it with their money.

President Obama and his administration like to brag that taxpayers are making a profit from big chunks of the bailout. But that PR covers up the real story on the bailout: the federal government spent trillions to make the too big to fail banks like JP Morgan Chase bigger and more powerful, not to rein them in.

As Charlie Geist, a Wall Street historian and professor at Manhattan College told Politico, “The guy in the street in 2008 and 2009 was worried about his or her deposits, and now it’s clear they should still be worried.”

 

 

 

 

 

 

 

Derivatives / Martin Column / Too Big To Fail - 05/16/2012

Identity Theft in the Matrix

Something weird occurred on my TV when I happened to catch a few minutes of the Madrid Tennis Open on Sunday. Whatever technology these stadiums use to provide constantly changing television advertisements along the sides of the court wasn’t working too well. Some of the furniture on the clay itself seemed to be dissociating on an atomic level. A chair looked as if it was disappearing in a shimmering blue cloud. It was like that moment in the movie The Matrix when the reality of the unreality becomes apparent to Neo – a house cat vanishes for a split second, then reappears.

The technical snafu made the match pretty hard to watch, so I reverted to the New York Times, where columnist Thomas Friedman happened to be expressing astonishment at the profound influence of corporate marketing values on American society. Few have written more enthusiastically about the spread of capitalism worldwide than Friedman, so it was surprising to hear him say he “had no idea” that famous authors, revered sports players and even public institutions have all bartered their identities for corporate cash.

Just then, Roger Federer won the match. “Watch this,” my wife said in a moment.  “He’s going to reach into his gym bag and pull out an expensive watch, so he’s wearing it when he gets the award.” Sure enough, with a bemused grin – I took it to be a guilty “ok, I have to do this” sort of look – Federer theatrically slipped his sweaty hand into the bag and slowly pulled out a gleaming Rolex, which he then slid onto his wrist.

I’m no slouch when it comes to tracking the commodification of our culture – a Ralph Nader spin-off, Commercial Alert, has been quietly raising the issue for years – but I’d never witnessed someone of Federer’s stature actually engage in a corporate sponsorship ritual, one which happens to be well known to tennis fans.

The impact of celebrity endorsements and the promotion of products in TV shows and films is more than just an idle curiosity. For many years, Americans were urged to close the gap between the lifestyle they aspired to – as displayed in the entertainment media – and the economic reality of their lives by borrowing on their homes and credit cards. This masked a gaping and painfully growing chasm that is now the topic of conversation only because Wall Street flushed the toilet on our economy a few years back.  Where once you too might have been able to pull a beautiful watch out of your duffel courtesy of a JP Morgan Chase credit card, that’s no longer possible for many.

Even more insidious than dictating our personal dreams and values is the corporate capture of our political identities. In that sense, the United States Supreme Court’s infamous decision in Citizens United symbolically acknowledges what had long ago become the Golden Rule of American democracy: those who have the gold, rule. By bestowing human rights upon corporate entities, and equating spending money to buy elections with freedom of speech, Citizens United locked in a system of legalized bribery that locks most Americans out of the electoral process that is our birthright.

Sure, we still have the right to vote. But the choices we are offered are usually determined by a political establishment mostly dominated by corporate money and a vast apparatus of election consultants, public relations hacks and lobbyists.

Every corporate dollar spent on candidates and elections pays an enormous return on the investment.  The Money Industry gave $5 billion to federal officials in the ten years leading up to the 2008 financial debacle, as we documentedin 2009 (PDF). The result: “bipartisan” decisions by lawmakers and the executive branch stripping away decades of legislation designed to protect America against lunatic speculation. Liberated, Wall Street gambled till it lost everything. Cost to American taxpayers: hundreds of trillions of dollars in bailouts, lost jobs, battered businesses, devastated communities – a Depression. Heads they win, tales you lose.

A recent study by academics at the University of Kansas examined how a particular federal tax break for multinational corporations became law, and what happened after that. They calculated that for every $1 spent on lobbying in favor of the tax break, the companies were spared $220 in taxes – a return of 22,000%.

Last week’s revelation that JP Morgan Chase had lost $2 billion through trading practices that are supposed to be illegal under the financial reform law passed by Congress in 2010 begged the question: how did they get away with it? Answer: JP Morgan Chase spent millions on lobbyists whose job was to weaken the law, and delay its implementation. The current draft of the federal regulations required to enforce a key provision of the law is a 298-page monstrosity; thanks to JP Morgan’s lawyers, it’s loaded with political booby traps and sabotaging IEDs that will utterly neuter the law, if it ever takes effect.

Mission accomplished.

With staggering results like these, it’s no wonder that the corruption of American politics is now an industry itself. The Times estimates its size at $6 billion a year, and reports that a series of mergers and acquisitions is creating a corporate lobbying conglomerate where the best and brightest – including retiring members of Congress – alight.

This is the Invisible Government that used to be the topic of novelists and conspiracy theorists. In the celebrity-driven entertainment Matrix, it’s easy to miss if you aren’t looking around and wondering what’s going on.

 

Harvey Column / Paul Volcker / Supreme Court / Too Big To Fail - 05/15/2012

Different strokes for different protestors

Operating on very different pieces of turf, the Occupy movement and the budding shareholder revolt are putting the status quo on notice: no more business as usual.

With May Day marches across the country earlier this month, the occupiers signaled they’re not going away. They intend to keep taking public space, protesting and reminding the country what our democracy has lost in a takeover by corporate powers.

Meanwhile, corporate shareholders appeared to be slumbering in the wake of the financial crisis, lulled by soothing predictions about economic recovery and buoyed by a stock market recovery.

But taking advantage of an advisory vote granted them in the Dodd-Frank financial reform legislation, shareholders have recently taken highly publicized swipes at excessive compensation plans for CEOs at Citibank and British Petroleum and several smaller banks.

At Citibank, 55 percent of shareholders rejected the notion that a company whose shares dropped 45 percent over the past year, wiping out $60 billion in shareholder equity, owed its CEO a $15 million salary hike. Citibank’s board said it would carefully consider the shareholders’ concerns.

CEO compensation plans narrowly won approval at General Electric, where the value of the stock has fallen 45 percent over the past 5 years, as well as at insurance giant Cigna, but not without noisy protests. At Credit Suisse and Barclays, a sizeable minority of shareholder voted against their executives’ compensation packages.

And excessive compensation is not the only thing shareholders are upset about. Some Cigna shareholders also expressed their opposition to the $1.8 million Cigna spent lobbying against health care reform in 2009.

At Wellpoint and Aetna insurance companies, shareholders want company officials to improve disclosure of their political spending, after the Center for Political Accountability found that both companies’ disclosure policies "leave significant room for serious misrepresentation of the company's political spending through trade associations."

Four of Wellpoint’s directors who are standing for reelection also face unusual no vote campaigns because the company has failed to live up to earlier commitments to improve disclosures of their political spending.

To be sure, these actions represent only a small number of corporations so far; most shareholders are approving without a fight the executive pay plans proposed by the board of directors’ compensation committees.

But like the occupiers protesting in the public square, the shareholders at these major corporations have driven a very large, sharp stake into their turf, and these first, highly publicized steps toward more accountability and transparency are likely to inspire more like them.

Occupiers, with their horizontal leaderless anarchist principles and drum circles, and shareholders, with their focus on the bottom line, might not seem to share much other than a desire for more accountability and a sense that the system as it is, isn’t working. But both groups are equally shut out of this political season, with neither party doing anything but paying the slightest lip service to their issues.

The occupiers and the shareholders are also carrying an important message for the rest of us: democracy isn’t just a matter of walking in to the ballot box and pulling the lever for our team every four years and waiting for the politicians to fix our problems.

 

 

 

 

Martin Column / Occupy / Outrage - 05/09/2012

Free market follies

Now that the big-time media is wrapping up its commemoration of the 20th anniversary of the Los Angeles riots, it can get back to its real job: bird-dogging celebrities and cheerleading a “jobless recovery.”

It can get back to its regularly scheduled programming, reporting on the sale price of movie stars’ homes while ignoring the persistent and unpleasant economic and political realities in low-income neighborhoods like south Los Angeles where the riots ignited.

But it was a different story at a terrific conference last week at the University of Southern California called “Up From the Ashes,” sponsored by the school’s Program and Regional  Equity.

It focused on how activists responded to the riots, their accomplishments and defeats, sweet victories and bitter frustrations, and the hard work that remains.

While many gave credit to the Los Angeles police for reforming their approach to minority and low-income communities, on other issues the prognosis was far grimmer. By critical economic measures such as unemployment, availability of affordable housing  access to health care, and the percentage of its sons and daughters in prison, low-income Los Angeles is worse off today than it was in 1992.

At the conference, longtime public transit activist Eric Mann pointed out that as in many other things, Los Angeles has been ahead of its time in its starkly contrasting communities of wealth and poverty.

He also tracked the decline of the government as a problem-solver and the rise of the worship of the free market as the panacea for even the most complex issues.

Mann compared the response to the earlier 1967 Watts riots with the response 1992 Los Angeles riots.

After the earlier riots, the McCone Commission, which had been appointed to investigate, predicted that if poverty and housing issues weren’t addressed, the city would erupt again.

While the War on Poverty initially resulted in some government attention to those problems, it wasn’t sustained. Antipoverty programs dried up as politicians embraced their new philosophy that demonized government as the problem and idealizing the private sector as the solution.

After the 1992 riots, the recovery was left in private hands, specifically to the Orange County-based former baseball commissioner who had organized the 1984 Los Angeles Olympics, Peter Ueberroth. While Ueberroth obtained promises for corporate funding for recovery for south Los Angeles, Ueberroth and his corporate colleagues were clueless about the community they were trying to help and the social issues they were wading into. As a result they failed to delivery any real economic benefit or social change. Government also failed to come through with any serious programs, leaving the community stranded once again.

Any gains came, not from corporate or government benevolence, but from determined efforts from the grass-roots, within the community.

Listening at the conference with ears attuned to the 2008 financial collapse and its aftermath, I heard a direct link between the “let the free market fix it” response the 1992 Los Angeles riots and the run-up to the economic meltdown.

The media and the politicians saw the geniuses who ran the big financial firms as not being unable to do wrong, with no need for the traditional oversight put in place after bank speculation led to the Great Depression. This led to the bipartisanship repeal of the 1933 Glass-Steagall Act, which had kept federally-guaranteed banks from engaging in other risky financial businesses, as well as the dismantling of the remaining regulatory structure.

Despite the massive failures of the free market to either regulate itself or solve social problems, we’re still in thrall to this faulty philosophy that the free market should largely be left alone to take on tasks for which it is clearly not equipped.

One of the biggest reasons for this is that the media has itself been so lax in holding the champions of the free market, like Ueberroth and the too big to fail bank bankers, accountable for the consequences of their missteps, broken promises, and failures, preferring instead to cheer them on in their folly.

Martin Column - 05/01/2012

Your tax dollars at work fighting unemployment – in the Philippines

If you’re among the millions in the U.S. who are unemployed and need retraining for new work, you are, increasingly, out of luck.

But if you’re a major financial institution that wants to outsource jobs to the Philippines, until a couple of days ago, the Obama administration was spending about $36 million a year to improve the English language skills of your future workers.

Among those taking advantage of outsourced labor in the Philippines, in call centers and IT, are  a couple too-big-to-fail, bailed-out financial institutions, Citibank and JPMorgan Chase.

Last week, after a couple of congressmen got riled up about the outsourcing training, the U.S. Agency for International Development said it would “suspend” the program “pending further review of the facts.”

The program was set to expire at the end of the year in any case.

But the fact is that USAID has been offering training for future outsourcing workers for several years, from South Asia to Armenia, Information Week reported. In the Philippines, the U.S. contended it wasn’t just spending the money to subsidize Citibank and other would-be outsourcers; the government said it was actually using your tax dollars as part of an antiterrorism effort in a section of the country with a Muslim minority unhappy with its treatment by the central government.

According to the USAID scheme,  the would-be terrorists would be a lot happier once they learned a little English and were able to land a job in a Citibank call center.

Meanwhile the U.S. has been suffering through a staggering economic downturn and the highest unemployment since the Great Depression, as President Obama and other politicians promise to stem outsourcing and bring jobs back to this country.

Since 2007, 500,000 call center jobs have been outsourced from the United States, according to Rep. Tim Bishop, a New York Democrat, and Rep. Walter Jones, a North Carolina Republican, the congressmen who demanded a halt to the program. In 2010, USAID had suspended a similar $10 million initiative to train Sri Lankan workers after Bishop and Jones complained about it.

Despite high unemployment, job training programs and community colleges in the U.S., which also offer the opportunity for workers to learn new skills, have had to go begging. As the New York Times reported last week, “work force centers that assist the unemployed are being asked to do more with less as federal funds dwindle for job training and related services.”

Federal money available for retraining workers is 18 percent lower, in today’s dollars, than it was in 2006, even though there are 6 million more people unemployed, the Times reported.

While the debate over cuts to unemployment benefits has received wide attention, the cuts to the retraining programs have gone largely unnoticed.

While the president has proposed a $2.8 billion increase for job training over the next 10 years, Republicans’ budget proposals have suggested that federal funds for job training should be cut even further.

The USAID program is obviously at odds with the Obama administration’s stated intent to discourage outsourcing. Given all the other benefits  and bailouts that this administration has already showered on Citibank and AIG, would it be too much to demand that the administration stop using our tax dollars to pay for these companies’ job training when they want to move more employment from the U.S.?

 

AIG / Citibank / Jobs crisis / Martin Column / Outsourcing - 04/25/2012

Where have all the task forces gone?

President Obama announced a new task force today to investigate the disappearance of the mortgage fraud task force he appointed earlier this year as well as another one he appointed in 2009.

“When duly appointed task forces vanish into thin air without a trace, this administration will not accept it,” the president said. “We expect this new task force, which will be called the Task Force Task Force, to move forcefully to accomplish its task.”

The Task Force Task Force’s mission will be made easier, the president said, because he appointed as one of it’s co-chairs the New York state attorney general, Eric Schneiderman. The New York state attorney general was also appointed co-chair of the mortgage fraud task force, which has not been seen or heard from since the president announced it during his State of the Union speech January 24.

Schneiderman said he would move “quickly” to interview himself as soon as he had a chance to familiarize himself with the circumstances of the disappearance of the mortgage fraud task force.

“We will get to the bottom of this,” Schneiderman pledged.

To show his seriousness, the president said he was reconvening the band of Navy SEALS who worked on the mission to find and kill Ban Laden in Pakistan, and putting them at the service of the Task Force Task Force. “When a group of American citizens go missing in the service of their country, we take it very seriously,” the president said. “One task force vanishing is bad enough, but two?”

Schneiderman refused to be pinned down to a timetable for the investigation. He also refused to comment on his previous insistence that he would “take action” if the mortgage fraud task force was stymied.

Schneiderman also refused to answer specific questions swirling around the mortgage fraud task force, such as why the entire mortgage fraud task force had a mere 50 lawyers when the Enron task force, convened to investigate a previous financial scandal involving a single company, had more than 100 lawyers working on it and why the mortgage fraud task force apparently still doesn’t have office space.

Schneiderman acknowledged that there are some mysteries that may be too deep for the new task force to unravel.

Was the mortgage fraud task force, aka the Residential Mortgage-Back Securities Working Group, actually a part of the earlier Financial Fraud Task Force, established November 17, 2009? Was the mortgage fraud task force actually something new, or just a PR offensive that amounted to nothing more than a repackaging of already existing efforts?

Though U.S. Attorney General Eric Holder has touted the administration’s efforts in going after financial fraud as nothing less than “historic,” the administration has yet to bring a criminal prosecution against a single major executive of a too big to fail institution. Some have questioned whether the president, who received more money from Wall Street than his Republican opponent, John McCain, really has any desire to hold Wall Street executives accountable for their actions.

Schneiderman’s investigation into the vanishing task forces may lead him right into the Oval Office to the man who appointed them.

A month before President Obama announced his new mortgage fraud task force in the State of the Union speech, the president told 60 Minutes, “Some of the most damaging behavior on Wall Street — in some cases some of the least ethical behavior on Wall Street — wasn’t illegal. That’s exactly why we had to change the laws.”

 

 

Financial Crisis / Martin Column / President Barack Obama - 04/24/2012

Obama to Corporate Persons: And This is How You Thank Me?

Poor President Obama. Confronted with an economic catastrophe when he took office, he made a decision – well documented here and here, for example – to save the financial industry from its own misdeeds, foregoing the opportunity to obtain from the Wall Street CEOs any kind of quid pro quo for beleaguered taxpayers and homeowners. And what does he get in return?

Wall Street contributions to the President’s re-election campaign are down 68%, reports the New York Times.

There’s also been a drop in financial support from some of those who were all-in to elect him in 2008.  Some big-name progressive donors, dismayed by the President’s inability to hold the line on everything from foreclosures to a public health care option (which likely would have survived the Supreme Court’s widely expected invalidation of the health care reform law), are sitting this one out – at least for the moment.

Unfortunately, the worst is yet to come for the President, courtesy of the same Supreme Court. Freed from campaign spending restrictions by the court’s ruling in Citizens United, the highly-skilled right wing corporate apparatus is aiming to raise $500 million in “super PAC” money to beat Obama. Pro-Romney super PACs have already out-raised those supporting the President by a factor of eight.

This comes as no surprise to those familiar with the way big business behaves in public.

If corporations are people, as the Republican majority on the Supreme Court says, then the defining trait of the modern corporate personality is ingratitude. When all the federal bailout programs are totaled up (including indirect assistance like being able to borrow taxpayer money at super-low interest rates), Wall Street and many other firms got somewhere around $14 trillion in financial aid from Washington.

Had that money been put in the hands of the American people, it could have paid off every mortgage, credit card and car loan in the United States.

Like President Obama, we are still waiting for our thank you note from corporate America.

Instead, we get surging credit card interest rates, skyrocketing gas prices, outrageous health insurance premium increases and, adding insult to those injuries, the imposition of undisclosed inflated fees by cell phone, airline and other companies for the dishonest purpose of charging hapless consumers more than the advertised price.

Hence the need for parental supervision of corporate persons, also known as "regulation."

Corporate money had already eroded the democratic process under the patchwork of campaign finance laws that pre-dated Citizens United. Our report, “Sold Out: How Wall Street and Washington Betrayed America” (PDF) gets right to the bottom line. Between 1998 and 2008, Wall Street invested $5 billion in Washington, a combination of money for lobbying and campaign contributions that won deregulation and other policy decisions that enabled the Money Industry to do as it pleased. The ensuing orgy of unbridled speculation came to a halt in 2008 when the big banks threatened to shut down the system unless they got trillions of dollars in loans, tax breaks and other taxpayer bailouts.

But by deregulating corporate money in Citizens United, the U.S. Supreme Court has empowered a crime wave of corporate influence peddling that will dwarf anything this country has ever seen.

Take, for example, Sacramento – California's integrity-free zone.

$ A half-decade-long battle to force health insurance companies to open their books and prove they need rate increases was crushed by industry lobbyists, forcing angry consumers to mount a ballot measure of their own.

$ A package of bills backed by the state’s Attorney General to prevent banks from abusing the home foreclosure process – dubbed the “Homeowners Bill of Rights” – has been blocked by the banking industry, which spent over $70 million on lobbyists and lawmakers in California between 2007 and 2011.

$ A bill that will deregulate telephone service, sponsored by the state’s two biggest phone companies, AT&T and Verizon, is sailing through the state legislature, much as electricity deregulation did in 1998 – to disastrous consequences for California taxpayers.

Once upon a time, average citizens might have had a voice in these policy debates.  Now that corporate America is locked and loaded, we don't stand a chance.

Citizens United / Harvey Column / President Barack Obama / Supreme Court - 04/23/2012

Main Street talks back

Inside the D.C. bubble, Wall Street’s titans continue to have their way.

Their Republican allies in the Senate helped the titans kill the Buffet Rule, which would have required those who made more than $1 million a year to pay at least 30 percent in taxes, double what investors pay on capital gains income.

Wall Street has continued to stifle efforts to regulate risky derivatives like the ones that led to the financial collapse, while most of the Dodd-Frank financial reform enacted in the wake of the financial crisis has yet to be implemented.

In the Wall Street Journal (no link), columnist David Weidner asserted Wednesday that Wall Street has gotten some of its swagger back. “Big financial interests,” Weidner wrote, “are beating back every broadside with a vigor not seen since the financial-bubble days.”

But outside Washington it is a different story.

Voting for the first time on the CEO compensation of a too-big –to-fail bank, Citibank shareholders rejected a $14.9 million annual compensation for its top executive.  The “say on pay” vote, mandated as part of Dodd-Frank, is strictly advisory. Citibank officials can ignore it if they want.

For years, the company’s executives had promised that their pay would be strictly tied to performance. The CEO, Vikram Pandit, had been making $1 a year since the bailout during which time the bank performed miserably. But this year, the bank’s directors decided that Pandit deserved to get back on the gravy train with the rest of the industry’s CEOs.

The following day, shareholders at another smaller regional bank, FirstMeritCorp of Akron, Ohio, rejected the compensation package for their CEO in another “say on pay” vote. Directors of that bank wanted to raise the CEO’s pay $1 million to $6.4 million a year, after the bank’s stock had fallen 20 percent during the past year.

They’re just a couple of non-binding votes. But I found it striking that when Main Street voters had the opportunity to express their opinion directly on one aspect of Wall Street’s practices, the voters voiced disapproval.

Wall Street can’t dismiss their shareholders as a bunch of Occupy Wall Street types out to destroy the system, or marginalize their rejection as mere envy. These are hardnosed investors who would like nothing better than for Wall Street banks to get on solid footing and make money. But these voters realize that despite all the administration’s happy talk about how well the bailouts have worked, the banks still aren’t sound, and that the outrageous pay for top executives who haven’t delivered is a big part of the problem because it encourages focus on short-term profit, loading up on risk and relying on continuing government help to prop up their businesses.

According to Weidner, polls show that most voters have moved on from anger at Wall Street. That may be so. But if ordinary citizens, rather than Washington insiders beholden to Wall Street, were making decisions, I think they would coolly, calmly and rationally favor the wealthy paying their fair share of taxes, and sensible regulation that would keep the titans from getting too carried away with themselves and their schemes.

 

Congress / Derivatives / Executive Pay / Financial Reform Legislation / Martin Column - 04/20/2012

Homeowners' rights face tough fight

California’s bankers have decided that the state’s homeowners don’t need any bill of rights after all, and state legislators show signs of going along with the banks.

In February, California’s attorney general, Kamala Harris, garnered publicity for packaging several modest foreclosure reform measures together as a homeowners’ bill of rights.

Harris was attempting to get state legislators to permanently outlaw several of the most noxious of the banks’ practices during the foreclosure process, which about a half a million Californians now face.

Among the measures was one that would have outlawed the widespread practice of “double-tracking,” in which banks foreclose on homeowners while they are in the process of working out loan modifications. Another measure would have banned the widespread practice of “robo-signing,” in which the bankers hired low-level employees to sign off on stacks of key foreclosure documents without reading them or verifying their accuracy – a practice which the big bankers have supposedly already agreed to stop as part of a 49-state settlement of foreclosure fraud charges against the biggest banks.

But the settlement apparently only requires the biggest bankers to quit their robo-signing ways for three years; Harris’ proposal would make the ban on robo-signing permanent and apply it to other financial institutions not covered by the settlement.

Other parts of the “bill of rights” package would have imposed a $25 fee on banks when they file a default and required banks to establish a single point of contact for homeowners seeking a loan modification.

Harris, a close ally of President Obama, has even been touted as a possible choice for a U.S. Supreme Court. But she’s been overmatched by the combined forces of the California Bankers’ Association and the California Chamber of Commerce, which has labeled some parts of the package “job killers.” They’ve also spread a lot of cash around the legislature over the past 5 years, more than $33 million, so they’ve got legislators pretty well trained.

It would hardly be the first time that California’s legislators have balked at enacting sensible measures to protect homeowners, as well as taxpayers, from bearing the costs of bankers’ misdeeds during the state’s foreclosure crisis. In recent years, legislators also failed to enact proposals that would have required bankers to mediate with homeowners before foreclosure, and another that would have required banks to post a $20,000 for each foreclosure they file, to cover the costs to communities of abandoned, bank-owned property.

Harris was scheduled to testify before a legislative committee on the bills earlier this week when the head of the committee, Assemblyman Mike Eng, a Democrat, withdrew the bills.

The Sacramento Bee reports that the legislation is now headed for a conference committee made up of legislators from the state Assembly and Senate.

According to the Bee, this is a maneuver to get a vote on the legislation without having to go through Eng’s committee, Assembly Banking and Finance, which is apparently split on it.

If you live in California, now would be a good time to call your legislator and remind them that they don’t work for the bankers and the chamber. They work for you.

 

 

 

 

 

Action / California Attorney General Kamala Harris / Foreclosures / Martin Column - 04/19/2012

No Lobbyist Left Behind

If we forced CNN commentators to wear the names of their clients on their sleeves like NASCAR drivers we might have a deeper, more honest debate over what’s going on in Washington.

Unless you live under a rock without any form of media, it’s hard to miss the nonstop frenzy over dumb comments made by CNN commentator Hilary Rosen about Ann Romney.

Rosen said Romney never worked a day in her life, which made her unqualified to comment on the economy. Republicans then attacked Rosen as another in a long line of Democratic elitists who have no respect for women who work in the home.

When she comments on CNN, the network labels Rosen a “Democratic strategist,” though they don’t disclose any particular strategy that she’s come up with.

CNN doesn’t mention her work representing many high-profile clients in Washington, D.C. with interests across a wide range of issues. Her firm, SKDKnickerbocker is filled with former government employees cashing in on their contacts on behalf of their corporate clients. The firm, which includes President Obama’s former communications director Anita Dunn as managing director, isn’t required to disclose clients because it doesn’t acknowledge that what it does is lobbying. In Washington-speak the firm is “political consulting and public relations firm.”

Last year, Bloomberg Business week reported that the firm coordinated an army of lobbyists unleashed by a coalition led by Google, Apple and Cisco pushing for a tax holiday.

The Republic Report compiled a partial list of clients, including big railroads, agricultural interests, PepsiCo and General Mills and for-profit education companies.

In addition, the Washington Free Beacon reported that Dunn pitched SKDKnickerbocker’s services as part of a team that offered to restore hedge funds’ sullied reputations, though apparently nobody swung.

Rosen’s poke at Ann Romney may have stirred up media frenzy, offering just the excuse for a jive revival of jive working mom v. stay-at-home brawl that sheds no light and offers no insight to anybody.

It’s also not the kind of controversy that’s likely to upset Rosen’s clients, who will recognize it for the sideshow it is compared to their free-flowing access to the White House. It’s more likely that it will provide Rosen with an opportunity for some good-natured self-deprecating humor to grease her way as she makes the rounds through the corridors of power.

The Obama administration has made a big deal about how it holds itself to a higher standard by not taking money from lobbyists. But that doesn’t mean lobbyists don’t have a strong presence in the White House, as the New York Times reported Saturday. “Many of the president’s biggest donors, while not lobbyists, took lobbyists with them to the White House, while others performed essentially the same function on their visits,” the Times reported.

Several years ago, GOOD magazine came up with the idea of making politicians wear suits with the names of their biggest contributors, like NASCAR drivers advertise their sponsors. Politicians have been reluctant to embrace the idea. They’re perfectly happy to keep us focused on the sideshow provided by Rosen and those like her, who babble phony nonsense on TV but profit from their access to the real game off-screen.

Lobbying / Martin Column / Mitt Romney / President Barack Obama - 04/17/2012