William Black: Key Component in Financial Crisis - Fraud - Is Not Being Addressed
From Bill Moyers Journal William K. Black on Fraud:
On Thursday, April 22, President Barack Obama made the case for increased regulation of the financial industry in a televised speech at Cooper Union in New York City. It was widely billed as President Obama's chance to harness the momentum behind reforming Wall Street and move forward the bills being considered in the House and Senate. Those measures face stiff opposition from most of the Republican Party and an army of lobbyists from Wall Street who have the ear of members of Congress on both sides of the aisle.
William K. Black thinks President Obama didn't acknowledge a key component in the financial crisis that the bills before Congress won't address — fraud. A former regulator who helped crack down on massive fraud during the savings and loan crisis in the 1980s, Black tells Bill Moyers on THE JOURNAL that, despite evidence of fraud at the top banks, prosecutions seem far away. "If you go back to the savings and loan debacle, we got more than a thousand felony convictions of the elite. These are not, you know, tellers or something. We today have zero convictions, zero indictments, zero arrests of any of the elite, non-prime lenders that, through their fraud, drove this crisis."
Bill Moyers last broadcast is going to be next week. You'll be sorely missed Bill. Transcript of the clip below and you can watch the entire interview here.
BILL MOYERS: What did you think of the President's speech late this week?
WILLIAM K. BLACK It's a good speech. He's a very good spokesman for his causes. I don't think substantively the measures are going to prevent a future crisis. And I was disappointed that he wasn't willing to be blunt. He used a number of euphemisms, but he was unwilling to use the F word.
BILL MOYERS: The F word?
WILLIAM K. BLACK The F word's fraud in this. And it's the word that explains why we have these recurrent, intensifying crisis.
BILL MOYERS: How is that? What do you mean when you say fraud is at the center of it?
WILLIAM K. BLACK Well, first, when you deregulate or never regulate, mortgage bankers were never regulated, you effectively have decriminalized that industry, because only the regulators can serve as the sherpas, that the FBI and the prosecutors need to be able to understand and prosecute these kind of complex frauds. They can do one or two or maybe three on their own, but when an entire industry is beset by wide scale fraud, you have to have the regulators. And the regulators were the problem. They became a self-fulfilling prophecy of failure, because they, President Bush appointed people who hated regulation. I call them the anti-regulators. And that's what they were.
BILL MOYERS: This hearing that, where you testified this week, looking into the bankruptcy at Lehman Brothers, had something on this.
TIMOTHY GEITHNER: And tragically, when we saw firms manage themselves to the edge of failure, the government had exceptionally limited authority to step in and to protect the economy from those failures.
BEN BERNANKE: In September 2008, no government agency had sufficient authority to compel Lehman to operate in a safe and sound manner and in a way that did not pose dangers to the broader financial system.
ANTON VALUKAS: What is clear is that the regulators were not fully engaged and did not direct Lehman to alter the conduct which we now know in retrospect led to Lehman's ruin.
BILL MOYERS: The regulators were not fully engaged. I mean, this is an old story. We all know about regulatory capture where the regulated take control of the regulators.
WILLIAM K. BLACK Yeah, but this one is far worse. That's not very candid testimony on anybody's part there. The Fed had unique authority. And it had it since 1994 to regulate every single mortgage lender in America. And you might think the Fed would use that authority.
And you might especially think that, if you knew that Gramlich, one of the Fed members, went personally to Alan Greenspan and said, there's a housing bubble. And there's a terrible crisis in non-prime. We need to send the examiners in. We need to use our regulatory authority. And Greenspan refused. Lehman was brought down primarily by selling liar's loans. It was the biggest seller of liar's loans in the world.
And when we look at these liar's loans, we find 90 percent fraud. 90 percent. And we find that most of the frauds are not induced by the borrower, but they're overwhelmingly done by the loan brokers.
BILL MOYERS: And liar's loans are?
WILLIAM K. BLACK A liar's loan is we don't get any verified information from you about your income, your employment, your job history or your assets.
BILL MOYERS: You give me a loan, no questions asked?
WILLIAM K. BLACK No real questions asked. Certainly no answers checked. In fact, we just had hearings last week about WaMu, which is also a huge player--
BILL MOYERS: Washington Mutual--
WILLIAM K. BLACK --in these frauds. Washington Mutual, which used to make, run all those ads making fun of bankers who, because they were stuffy and looked at loan quality before they made a loan. Well, WaMu didn't do any of that stuff. And of course, WaMu had just massive failures. And who got in trouble at WaMu? Who got in trouble at Lehman? You got in trouble if you told the truth. They fired the people who found the problems. They promoted the people that caused the problem, and they gave them massive bonuses.
BILL MOYERS: I watched the testimony where you were present the other day in the Lehman hearings. And there was a very moving moment with a former vice-president of Lehman Brothers who had gone and tried to blow the whistle, who tried to get people to pay attention to what was going on. Take a look.
MATTHEW LEE: I hand-delivered my letter to the four addressees and I'll give a quick timeline of what happened, May 16th was a Friday, on the Monday I sat down with the chief risk officer and discussed the letter, on the Wednesday I sat down with the general counsel and the head of internal audit, discussed the letter. On the Thursday I was on a conference call to Brazil. Somebody came into my office, pulled me out, and fired me on the spot with out any notification. I stayed, sorry.
BILL MOYERS: Matthew Lee, vice-president of Lehman Brothers, fired because he tried to blow the whistle. What does that say to you?
WILLIAM K. BLACK Well, it tells me that they were covering up the frauds, that they knew about the frauds and that they were desperate to prevent other people from learning.
BILL MOYERS: Matthew Lee told the accounting firm Ernst & Young what was going on. Isn't the accounting firm supposed to report this, once they learn from somebody like him that there's fraud going on?
WILLIAM K. BLACK Yes, they're supposed to be the most important gatekeeper. They're supposed to be independent. They're supposed to be ultra-professional. But they have an enormous problem, and it's compensation. And that is, the way you rise to power within one of these big four accounting firms is by being a rainmaker, bringing in the big clients.
And so, every single one of these major frauds we call control frauds in the financial sphere has been-- their weapon of choice has been accounting. And every single one, for many years, was able to get what we call clean opinions from one of the most prestigious audit firms in the world, while they were massively fraudulent and deeply insolvent.





The FBI warned of massive mortgage fraud in September of 2004, here
And then: there was even more fraud.
---
During the S&L crisis there were a thousand prosecutions, William K. Black was in the lead.
For the modern Oligarch, the laws no longer apply.
Oh, sweet progress!
statusquObama, change you can only pretend in
U.S. Chamber of Commerce Coordinating Wall Street’s Stealth Lobbying Campaign To Kill Reform
On Thursday, President Obama announced his commitment to pass sweeping legislation to reform Wall Street and to create a new regulatory structure meant to avert another economic crisis. However, the financial industry is fighting back, hoping to obstruct legislation, water down the bill, and possibly kill effective reform....
Some stuff you can't make up!
"Following are excerpts from the complaint filed yesterday (2005) against American International Group (A.I.G.); its former chief executive, Maurice R. Greenberg (M.R.G.); and its former chief financial officer, Howard I. Smith, by the New York attorney general and the New York superintendent of insurance:
Both Greenberg and Smith had a direct personal interest in A.I.G.'s stock price; both held hundreds of thousands of shares of A.I.G. stock. For example, the value of Greenbergs's holdings increased or decreased approximately $65 billion for every dollar A.I.G. stock moved.
For over a decade, A.I.G. engaged in a scheme to mischaracterize premiums paid on the workers' compensation line of insurance…
In 1991, A.I.G.'s general counsel, newly arrived from a law firm, undertook a review of the practice… In his interviews, the general counsel learned about the cost that the company would have to incur to 'get legal.' It would have to hire about 40 new people to do filings properly, charge clients more and pay 'much higher' assessment fees.
Indeed, the general counsel's notes reflect that at one stage, an employee went to A.I.G.'s president and was told 'that M.R.G. [Maurice R. Greenberg] did not want him to change things to make it legal – he wants to continue as is.'
In another interview, a witness recounted a meeting that he and others had with Greenberg. According to the notes, M.R.G. asked, 'Are we legal?' When an employee responded, 'If we were legal, we wouldn't be in business,' then M.R.G. began laughing and that was the end of it."
"The US has an army of 90,000 soldiers in Afghanistan and is spending $100bn a year, but has still been unable to defeat 20,000-25,000 Taliban who receive no pay at all." - Patrick Cockburn
Just like in the Bernie Maddow case, most of the victims in the Goldman Sachs swindle are heavy hitters. There is no way on God's green earth that these guys are going to skate having only paid fines!
PULLLLLEEZZE!
You must have meant Bernie Madoff, perhaps.
It took the SEC ten years to get up with the case.
As for the Banksters, when the crap really, really hits the fan, coming soon, then who knows.
There are multi millionaires, there are billionaires and then there are Oligarchs.
statusquObama, change you can only pretend in
...are heavy hitters"
pelligrini...(what planet are you from)?
down here on earth the little people got fucked by GS.
The heavy hitters got bailed out remember?
remember the trillions taxpayers just gave them...?
audit-prosecute-incarcerate
how decade after decade year after year...
the more regulations that are written and passed by wall st. and congress...
the less regulation there seems to be!
and furthermore...how many people think that Obama (and his) "former Goldman Sachs employee filled administration"...are gonna get real reform done?
I'm real afraid that if congress passes even one more regulation that fraud will actually come full circle... and become legal!!!
audit-prosecute-incarcerate
Then you should be for enforcing the regulations we already have.
We've gone through 8 years of starving the beast of needed cash flow and investigators.
Oh no, non-enforcement of our regulations didn't work
Let's get rid of them entirely!
Diabolus est Deus Inversus
the very same could be said of Dubya era immigration enforcement -- how many employers were heavily (painfully) fined or went to prison for their institutionalized recruitment and hiring of illegal immigrants? Zero! And since that didn't work, lets do away with those laws as well ...
Sorry, but that all sounds so very Libertarian, perhaps even anarchistic -- in a NeoCon's or NeoLiberal's "perfect world", eh?
"Those who make peaceful revolution impossible will make violent revolution inevitable."
-- John F. Kennedy
was the problem? I don't think so. Their jobs were to find perfectly legal if circuitous routes around such laws as existed. I've no doubt there was fraud but most of the damage was done by perfectly legal transactions that should have been outlawed a long time ago. This was a failure of political ideology as much as the law.
Hasa Diga Eebowai
journalism's not dead yet in america.
With the loss of both Bill Moyers and NOW on PBS this month another nail is being driven into the coffin of journalism.
Hopefully humanity will one day learn to be humane.
Here's a little more fraud for ya:
http://www.informationclearinghouse.info/arti...
"The US has an army of 90,000 soldiers in Afghanistan and is spending $100bn a year, but has still been unable to defeat 20,000-25,000 Taliban who receive no pay at all." - Patrick Cockburn
Zero Hedge has been writing about High Frequency Trading, aka Computerized Front Running for many months.
Take a clients order for a big trade, run a trade milliseconds in front and make beaucoup de bucks.
statusquObama, change you can only pretend in
n/t
"Those who make peaceful revolution impossible will make violent revolution inevitable."
-- John F. Kennedy
The problem with proving fraud is separating out the individual from the corporation, because corporations can't be jailed.
Black spoke of bank executives who had been with the company for years being unceremoniously fired, because they blew the whistle, whilst those who were committing the fraud were being promoted.
And who's going to prosecute them, Congress? Not when the corporations have unfettered sway over them through campaign finance, thank you very much supremes conservative activists...
Diabolus est Deus Inversus
has already pointed out that over 1,000 convictions in the Enron case were achieved. It can be done. Do not count on Barry to do it. You are in fanasyland if you do.
However, because ken lay died while appealing his case, those who stood to collect damages were screwed when the money was then sent to lay's family as beneficiaries, who on top of that had to pay no estate tax.
Diabolus est Deus Inversus
Corporations in law are persons and can be criminally prosecuted as was the accounting firm Arthur Andersen in the Enron sequence.
Andersen was found guilty thought the verdict was subsequently overturned.
Even though overturned the prosecution ended the firms viability.
Action can also be taken against the Corporate Officers.
The bar for criminal action in fraud is very high given the requisite mens rea.
statusquObama, change you can only pretend in
regarding the financial fraud:
http://www.youtube.com/watch?v=wVhqrQg0WuQ
"The US has an army of 90,000 soldiers in Afghanistan and is spending $100bn a year, but has still been unable to defeat 20,000-25,000 Taliban who receive no pay at all." - Patrick Cockburn
Blanche doesn’t want to return their money
No matter how much voters protest
But I know a collateralized debt obligation
In which she should instead invest.
Some stuff you can't make up!
how the Republicans are going to gain seats (if any) this November. How the hell can you say you're AGAINST financial reform during these times. Seriously. They would have a much better chance if they actually worked with the Dems, came up with a good plan, and then they could say "look what we did!" But no, just constant obstructionism.
all they have to do is point out that Obama's administration is chock full of former Goldman Sachs employees who can't be trusted to write any kind of worthwhile legislation to "reign in" wall st. !!!
(easy as pie)
audit-prosecute-incarcerate
Not while those same interests are paying for republicans campaigns, and more than likely with more dollars than they are paying the Democrats at the same time to hedge their bets.
The only simple solutions are for the simple-minded...
Diabolus est Deus Inversus
"Not while those same interests are paying for republicans campaigns"
(sigh) ...you are correct. the status quo will not change...and people will continue to vote for the biggest repub or biggest dem.
(it's a sad state of affairs)
one fine day Americans will vote in a third party...maybe?
audit-prosecute-incarcerate
The interests will just buy off the third parties.
What is needed before then is a proposed amendment setting up public funding of elections; a law would simply be decided unconstitutional by the judicial activists judges.
I'm more and more convinced the five involved should be impeached. It sounds gadflyish like those who tried to impeach Earl Warren and Warren Burger, but the Constitution clearly established under Article I, Section V, Cl 1 and 2:
Each House shall be the judge of the elections, returns and qualifications of its own members...
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member...
And what else should campaign finance laws be?
Diabolus est Deus Inversus
attack dems and help repugs.
Some stuff you can't make up!
his argument for corporate person-hood being checked by the three strikes law is just what ought to be done IMO. Three felony charges and what major institute would be left standing after convictions of fraud? Institutes are now training up-and-coming lawyers, regulators and businessmen to become the next in line sociopaths to lead our country and the world to more financial meltdowns. Goldman leaders have infiltrated nearly every sector of our government and taken control of all facets of commerce and the economy. Many of Bush's thugs that Shrub put in place during his illegal regime are still in government and control. Many of Obamas new picks (nominations) for his administration have been held up by filibusters and extremism from the right. Obama must eliminate these Goldman cheater/thugs and hire new watchdogs that not only bark-but also bite; with the teeth of justice and the power to imprison the criminals involved. Fraud must feel the intensity of the Obama ethical standard of light beamed upon it. Obama and his AG Holder must hold a symbolic fire hose on the institutes that thrive in the shadows, washing away the stink of the false practices those rats constructed to beat an unregulated game.
So let it be written into law that regulation of our economic institutions and businesses can never again be overthrown by the sociopathic, and lawless people who run them.
as far as Barry is concerned and not mentioning the word "fraud" in his speech, lets you know in advance that prosecution will not happen just like, the illegal war, torture, rendition, murder via torture, illegal wiretapping and assasination plots. This President is such a slimy scumbag.
wrong about BHO. He's a Democrat, and therefore incapable of meaningful action against the plutocracy - same as Bush and the Republicans. Both parties are cesspools of corruption, one as much as the other. They're both currently engaged in fake populism to mollify the masses. When all's said and done the plutocrats will still be laughing all the way to the bank.
As for me, I'll content myself with a few giggles at the concept of "the intensity of the Obama ethical standard of light." Hilarious.
don't think Barry is a big part of the problem?
Like Durbin said , " they own the place " , Obama , Dems or the Repugnance party ... they are owned to one degree or another , that's the bottom line , and the Reagan / Bush appointed saboteurs on the Supreme Court just made sure it'll stay that way .
Insanity , it is what it is , there is no understanding it .
"Crooks and Liars" is rarely as appropriate a name for this site as it is watching this clip.
Hopefully humanity will one day learn to be humane.
Bill is great!
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