Wall Street

Last week, I described how the Dodd-Frank financial “reform” law passed last summer violates constitutional separation-of-powers safeguards by giving unaccountable bureaucrats the power to seize companies and legislate through administrative fiat.  But that is not the only way Dodd-Frank violates the Constitution.  It also violates property rights and equal-protection guarantees.

For example, it contains racial preferences that were criticized by members of the U.S. Commission on Civil Rights. It “imposes race and gender employment quotas on the financial industry,” noted economist Diana Furchtgott-Roth in the Washington Examiner. Its ”Section 342 states that race and gender employment ratios must be observed by all government agencies that regulate the financial sector, as well as private financial institutions that do business with the government.”

This unconstitutional requirement is the brainchild of Los Angeles Congresswoman Maxine Waters, the Castro-loving, left-wing ideologue who earlier praised the Los Angeles race riots that destroyed scores of Korean-owned businesses as an “uprising” against injustice. Waters once told a CEO in a public Congressional hearing, “This liberal will be all about socializing . . . .uh, uh . . . would be about, basically, taking over and the government running all of your companies.”

Law Professor Richard Epstein notes that Dodd-Frank is also an unconstitutional “taking” of private property, since it deliberately forces certain banks to process debit card transactions at a loss. (That provision is being challenged in a lawsuit called TCF Bank v. Bernanke. Debit cards did not contribute to the financial crisis in any way, but Dodd-Frank regulates them at the behest of large businesses that objected to being charged any fee by banks for processing debit card payments. Thanks to Dodd-Frank, some customers will now be charged annual fees for their debit cards.)

Dodd-Frank itself contains little “reform,” reinforcing the very features of the status quo that spawned the financial crisis.  Congressional Democrats blocked a GOP amendment that would have reformed the government-sponsored mortgage giants, Fannie Mae and Freddie Mac, and the Obama administration lifted a $400 billion limit on bailing them out and showered their executives with $42 million in pay — even though Treasury Secretary Geithner has admitted that “Fannie and Freddie were a core part of what went wrong” in the financial crisis.

Fannie and Freddie helped spawn the mortgage crisis by buying up risky mortgages and repackaging them as prime mortgages, thus creating an artificial market for junk: “From the time Fannie and Freddie began buying risky loans as early as 1993, they routinely misrepresented the mortgages they were acquiring, reporting them as prime when they had characteristics that made them clearly subprime.”

At the direction of the Obama administration, Freddie Mac ran up more than $30 billion in losses to bail out mortgage borrowers, some of whom had high incomes. Federal regulators sought to make Freddie Mac hide the resulting losses from the SEC and the public.

Dodd-Frank is not unique in containing racial preferences. Many bills backed by Obama are riddled with racial set-asides, including the health care law passed last year. Obamacare has attracted criticism from the U.S. Commission on Civil Rights for containing both racial preferences and lower standards for treatment in predominantly-minority institutions, potentially harming both white applicants and minority patients. This racial discrimination appears to violate court rulings like the Supreme Court’s Adarand decision, and the Rothe and Western States Paving decisions issued by the federal appeals courts.

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President Obama has collected millions from Wall Street special interests, his administration is chock full of Wall Street lobbyists, and he supported the unnecessary $700 billion bank bailout.  But now, he’s pushing a deceptive financial regulation bill with phony rhetoric about “reform,” claiming it is “not legitimate” to point out that the bill could lead to yet more bailouts and government takeovers (as economists and banking experts like Peter Wallison have demonstrated).

Obama’s legislation would do nothing to curb the abuses of the worst offenders behind the mortgage crisis, the government-subsidized mortgage giants Fannie Mae and Freddie Mac, even as it would enrich the politically connected liberal Wall Street firm Goldman Sachs (recently accused of fraud), enrich left-wing lobbying groups and community organizers, and give the government the permanent ability to bail out and take over Wall Street firms.

Obama’s proposed financial rules overhaul does absolutely nothing about Fannie Mae and Freddie Mac, admits Obama’s Treasury Secretary, tax cheat Timothy Geithner, even though he admits that “Fannie and Freddie were a core part of what went wrong in our system.” Worse, the Obama administration lifted the $400 billion limit on bailouts for Fannie and Freddie, so that they could continue to buy up junky mortgages at taxpayer expense, and showered their executives with $42 million in compensation.  The Obama administration is now expanding the bailouts of these mortgage giants so that they can lavish pay on their CEOs and reduce the payments of deadbeat mortgage borrowers.  (At the direction of the Obama administration, Freddie Mac is now running up $30 billion in losses to bail out mortgage borrowers, some of whom have high incomes.  Federal regulators sought to make Freddie Mac hide the resulting losses from the SEC and the public.)

Fannie and Freddie helped spawn the mortgage crisis by acting as loan toilets, buying up risky mortgages and thus creating an artificial market for junk.  “From the time Fannie and Freddie began buying risky loans as early as 1993, they routinely misrepresented the mortgages they were acquiring, reporting them as prime when they had characteristics that made them clearly subprime.”

Why did they buy these risky loans?  They put up with Clinton-era affordable-housing regulations that required them to buy up lots of risky loans, in order to curry favor on Capitol Hill and thus retain their annual $10 billion in tax and other special privileges (which they possessed owing to their status as “Government-Sponsored Enterprises” or GSEs). They paid their CEOs millions in the process, and engaged in massive accounting fraud — $6.3 billion at Fannie Mae alone — to increase the size of their managers’ bonuses.  As GSEs, they were exempt from the capital requirements that apply to private banks, so they did not have enough reserves to cover their losses when their mortgages started defaulting.

Banking expert Peter J. Wallison, who prophetically warned against the risky practices of Fannie Mae and Freddie Mac for years, says that Obama’s proposals will lead to “bailouts forever” and give big, politically connected banks that are “too big to fail” the ability to drive smaller rivals out of business at the expense of consumers and taxpayers.  His colleague Alex Pollock notes that Obama has not lived up his administration’s claims that it would back reform of Fannie Mae and Freddie Mac.

Obama claims that it will not lead to more bailouts, but even congressional Democrats admit that it will.  As Congressman Brad Sherman (D-Calif.) admitted, the “bill has unlimited executive bailout authority. . .The bill contains permanent, unlimited bailout authority.”

Government pressure on banks to make loans in economically-depressed neighborhoods was another key reason for the mortgage meltdown and the financial crisis.  If Obama has his way, that pressure will increase.  The House earlier approved Obama’s proposal to create a politically-correct entity called the Consumer Financial Protection Agency. “The agency would be in charge of enforcing the Community Reinvestment Act, a law that prods banks to make loans in low-income communities.”  It would do so without regard for banks’ financial safety and soundness, even though the Community Reinvestment Act was a key contributor to the financial crisis.

Obama’s proposed financial regulations would also harm retail banking operations used by middle-class people and small businesses.

The Obama administration and Congressional leaders are pushing a trojan-horse financial “reform” bill that would enrich the wealthy and powerful investment bank Goldman Sachs, which was recently cited for massive fraud by the Securities and Exchange Commission (SEC).  That’s the discovery of John Berlau, who won the National Press Club’s Sandy Hume Memorial Award for exposing the conflicts of interest of a former IRS Commissioner.

Earlier, the administration used the AIG bailout to give billions in legally unnecessary payments to Goldman Sachs, which is so rich that it has admitted it didn’t even need the money.  Goldman Sachs, one of the Democratic Party’s biggest donors, is using its political connections to reap record profits.

Moreover, Obama’s legislation would do nothing to rein in the worst offenders behind the mortgage crisis, the government-subsidized mortgage giants Fannie Mae and Freddie Mac, even as it would give the government the permanent ability to bail out Wall Street firms.

Obama’s proposed financial rules overhaul does absolutely nothing about Fannie Mae and Freddie Mac, admits Obama’s Treasury Secretary Timothy Geithner, even though he admits that “Fannie and Freddie were a core part of what went wrong in our system.” Worse, the Obama administration lifted the $400-billion limit on bailouts for Fannie and Freddie, so that they could continue to buy up junky mortgages at taxpayer expense, and showered their executives with $42 million in compensation.

The administration is now expanding the bailouts of these mortgage giants, which are now giving lavish pay to their CEOs and reducing the payments of deadbeat mortgage borrowers.  (At the direction of the Obama administration, Freddie Mac is now running up $30 billion in losses to bail out mortgage borrowers, some of whom have high incomes.  Federal regulators sought to make Freddie Mac hide the resulting losses from the SEC and the public).

Fannie and Freddie helped spawn the mortgage crisis by acting as loan toilets, buying up risky mortgages and thus creating an artificial market for junk.  “From the time Fannie and Freddie began buying risky loans as early as 1993, they routinely misrepresented the mortgages they were acquiring, reporting them as prime when they had characteristics that made them clearly subprime.”

Why did they buy these risky loans?  They put up with Clinton-era affordable-housing regulations that required them to buy up lots of risky loans, in order to curry favor on Capitol Hill and thus retain their annual $10 billion in tax and other special privileges (which they possessed owing to their status as “Government-Sponsored Enterprises” or GSEs). They paid their CEOs millions in the process, and engaged in massive accounting fraud — $6.3 billion at Fannie Mae alone — to increase the size of their managers’ bonuses.  As GSEs, they were exempt from the capital requirements that apply to private banks, so they did not have enough reserves to cover their losses when their mortgages started defaulting.

Banking expert Peter J. Wallison, who prophetically warned against the risky practices of Fannie Mae and Freddie Mac for years, says that Obama’s proposals will lead to “bailouts forever” and give big, politically connected banks that are “too big to fail” the ability to drive smaller rivals out of business at the expense of consumers and taxpayers.  His colleague Alex Pollock notes that Obama has not lived up his administration’s claims that it would back reform of Fannie Mae and Freddie Mac.

Government pressure on banks to make loans in economically-depressed neighborhoods was another key reason for the mortgage meltdown and the financial crisis.  If Obama has his way, that pressure will increase.  The House earlier approved Obama’s proposal to create a Consumer Financial Protection Agency. “The agency would be in charge of enforcing the Community Reinvestment Act, a law that prods banks to make loans in low-income communities.”  It would do so without regard for banks’ financial safety and soundness, even though the Community Reinvestment Act was a key contributor to the financial crisis.

Some of OpenMarket.org’s readers may know that I’m in the middle of earning a Master’s of Journalism here in D.C. I’m concentrating in Broadcast and Online Production, and for those concerned that journalism is dying a slow death, I’m living proof that a new generation of journalists are being bred with the Internet in mind–but that’s another story for another day.

As one of the requirements of a Public Affairs Reporting class, I’ve written a piece on last year’s financial crisis specifically exploring the role of the Federal Reserve and the Community Reinvestment Act and attempting to give, in layman’s terms, a reasonable account of what happened that the average person would be able to understand.

I’m a firm believer that one should not have to be a banker to make sense of the financial crisis, and as a journalist I have to concede that news organizations could and should have done a much better job explaining what happened. Unfortunately, it seems that when it comes to explaining things like collateralized debt obligations, credit default swaps and market derivatives it’s far easier to revert to intellectual sloth, blaming greedy investors and “capitalism gone wild.”

I’ve reproduced the piece’s script, which was designed for a radio broadcast, here in its entirety, complete with its anchor introduction and cueing (and yes, all good broadcast reporters write their own introductions). You’ll have to forgive some of the elements of the broadcast style (such as putting a source’s title before their name), but one of the advantages of the format is its clear, concise points and fast pacing. This story would be about five minutes long if it were played on the air. And as a side note, even though I work at a think-tank, I’ve tried to make the piece as politically neutral as possible.

The Financial Crisis Made Easy

Anchor1: The Federal Reserve is coming under closer scrutiny for its actions during last year’s credit crisis.

Anchor2: Experts are also taking a closer look at a law that makes it easier for low-income families to get home loans.

Anchor1: As Evan Banks reports, some are saying that the Fed and the Civil-Rights era law played a major role in last year’s financial crisis, while others blame greedy investors and bankers for the housing bubble.

Federal Reserve Chairman Ben Bernanke may be saying that the recession is over, but there is still much debate over what caused last year’s crisis in the first place.

Some are saying the central bank itself was at the root of the crisis.

Established in 1913 by Woodrow Wilson, the Fed’s duties include monitoring and managing the nation’s money supply and setting interest rates by buying and selling government-backed bonds.

Its end goal is to create and maintain a stable economic setting for private commerce to flourish.

However, economist Steven Horwitz believes that by artificially lowering interest rates after nine-eleven, the Fed overstimulated the housing market.

SOT (stands for sound on tape) (:10) “Look at the banking industry like a traffic light at an intersection. When the lights turns red, banks don’t lend. The Fed, through monetary and fiscal policy, makes all the lights turn green.”

Horwitz says that the only problem with green lights all the time is that eventually it causes a traffic accident.

As more and more people bought homes at low interest rates, home values skyrocketed, creating a housing bubble that burst last year.

The resulting sharp decline in home values was the trigger that brought the nation’s banking system to its knees last fall.

Some say that the Community Reinvestment Act, a law passed in 1977, also contributed to the crisis.

The law is the culmination of an effort to stop discrimination in loans made to low-income individuals and businesses, a practice known as redlining.

However, the Competitive Enterprise Institute’s Michelle Minton says that as the Community Reinvestment Act matured in the mid-nineties, it’s scope and regulatory powers broadened.

SOT (:17) “The Community Reinvestment Act was an attempt to strong arm banks into going against their better judgment and writing loans without thinking about the profit consequence. The game really changed as the feds made CRA compliance a requirement for bank mergers.”

Minton says that the law encouraged banks to make risky loans to individuals that couldn’t pay the money back—individuals the banks would not otherwise have loaned to.

When these high-risk individuals couldn’t pay back their mortgages and the banks repossessed their homes, the entire system came crashing down like a set of dominoes.

With fewer people paying their mortgages and banks unable to re-sell more and more foreclosed houses, property values across the board dropped.

For many homeowners it made increasingly less sense to continue paying off a loan that was higher than their house was worth.

Combine falling home values with so-called ninja loans- loans requiring no proof of income, no job, and little or no down payment on the home, and the recipe was perfect for walk-outs and abandoned homes.

Finally, as a direct result of mortgage revenues drying up, investors and banks across Wall Street that had heavily invested in real estate started going belly-up.

With investments, retirement plans and stocks dropping across the board, the crisis hit home and came full-circle.

Former Chair of the Federal Housing Board Bruce Morrison points a finger directly as these risky lending practices, saying they inevitably lead to defaulting mortgages.

He warns against policy-driven lending:

SOT (:15) “Deciding that risk doesn’t exist because you have an objective is a really bad thing to do, and so we need to learn about risk and how to measure it better than we have and have more honest discussions about which risks we ought to take and who are to take them and who will underwrite them.”

On the other hand, the National Community Reinvestment Coalition’s John Taylor says that it’s silly to blame poor people for bursting the nation’s housing bubble.

Taylor points out that the housing crisis affected everyone, not just the poor and minorities:

SOT (:07) “You’d be surprised at the whiteness of these people. This was not just about minority communities.”

The Federal Reserve’s response to the crisis involved authorizing the Treasury to print large amounts of new money and lowering the interest rate even further.

The Fed also stood behind former President Bush’s Troubled Asset Relief Program, the national plan to bail out banks deemed by the Fed to be “too important to fail.”

Last week Citigroup returned the remainder of unused TARP funding along with its loaned federal monies, making it the last Wall Street bank to exit the program.

Some, though, are still wary of a society that makes liberal use of credit and bailout money.

Stamm Mortgage Management founder Mark Stamm says that he fears a future where contracts and loan obligations are meaningless.

He says that a bailout mentality will cripple the American economic apparatus in the end, perhaps irrecoverably:

SOT (:12) “That’s going to be the biggest bad thing that happens as a result of this. credit cards? You don’t really need to pay ‘em. Mortgages? You don’t really need to pay ‘em.”

Regardless of whether the Community Reinvestment Act, the Federal Reserve, both, or neither was at fault in last year’s financial fiasco, both sides agree that public regulators and private banking firms must be more transparent in their mortgage dealings.

A bill introduced by Texas representative Ron Paul that would audit the Federal Reserve is currently going through a committee and has 317 cosponsors.

Paul’s Federal Reserve Transparency Act of 2009 would allow Congress and the American public to see, for the first time in history, the day-to-day decisions on the Fed’s books.

At this time no efforts are being made to repeal or change the Community Reinvestment Act.

Evan Banks, [news organization here].

Russ Roberts’ testimony in front of the House Committee on Oversight and Government Reform is superb. Read it (it’s short). Wall Street deserves plenty of blame for the financial crisis. But Washington deserves more:

When your teenager drives drunk and wrecks the car, and you keep giving him a do-over—
repairing the car and handing him back the keys—he’s going to keep driving
drunk. Washington keeps giving the bad banks and Wall Street firms a do-over. Here are
the keys. Keep driving. The story always ends with a crash.

I’m mad at Wall Street. But I’m a lot madder at the people who gave them the keys to
drive our economy off the cliff.

Here’s my letter published in the Oct. 25th edition of the Boston Globe responding to an editorial advocating the creation of a Consumer Financial Protection Agency:

Your editorial, “To Fix Financial System, Protect Consumers First”, claims that a Consumer Financial Protection Agency will prevent a “recurrence” of the “financial pathology” that caused the banking crisis. But the source of that “financial pathology” was bad government policy, and your editorial calls for more of it.

Government subsidized toxic mortgages through entities like Fannie Mae and mandated many of them through laws like the Community Reinvestment Act. Government imposes entry barriers to the market for new banks. As a result, existing banks claimed a greater market share than would have been possible in a free market, becoming too big to fail.

Also, contrary to the Globe’s claims, Frank’s bill would give the new agency power over many non-financial businesses who can be said to “extend credit,” probably including merchants with layaway plans. It would also give state attorneys general unique power to interpret Federal law and hire private plaintiff lawyers to harass Main Street businesses.

When government subsidized, regulated, and protected banks caused the crisis, why regulate Main Street businesses that had nothing to do with the crisis?

Jonathan Moore

Research Associate

Competitive Enterprise Institute

Unemployment has risen to 9.8 percent, a 26-year high.

That’s much higher than the Obama administration predicted unemployment would rise, if Congress had refused to pass his $800 billion stimulus package.  The administration claimed unemployment would rise to 8 percent without a stimulus.

Small businesses are finding it more difficult than ever to borrow badly needed money to meet their payrolls.  New financial regulations backed by the administration are contributing to a terrible credit crunch.  Meanwhile, the wealthy Wall Street investment bank Goldman Sachs, perhaps the biggest donor to liberal politicians, received billions of dollars it didn’t even need from the taxpayers’ $170 billion bailout of AIG.

The administration claimed that the stimulus package would deliver a short-run “jolt” that would quickly lift the economy, but unemployment rose very rapidly after its passage, and the package has actually destroyed thousands of jobs in America’s export sector.

Countries that refused to adopt big stimulus packages have fared better than those that imitated Obama. And the biggest-spending countries have suffered worst in the recession.

President Obama claimed the stimulus was needed to prevent an “irreversible decline,” but the Congressional Budget Office said it would actually shrink the economy “in the long run.”  It subsidizes lots of waste, corruption, and welfare, and repeals welfare reform.   It also contains racial set-asides (which are costly) and prevailing-wage rules (which will waste $17 billion).

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