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Bill Moyers, William K. Black and the (illegal) Bailout.


Essentially what the bankers have done, is illegal...fraud.
BILL MOYERS: You're describing what Bernie
Madoff did to a limited number of people. But
you're saying it's systemic, a systemic Ponzi
scheme.

WILLIAM K. BLACK: Oh, Bernie was a piker. He
doesn't even get into the front ranks of a
Ponzi scheme...

BILL MOYERS: But you're saying our system
became a Ponzi scheme.

WILLIAM K. BLACK: Our system...

BILL MOYERS: Our financial system...

WILLIAM K. BLACK: Became a Ponzi scheme.
Everybody was buying a pig in the poke. But
they were buying a pig in the poke with a
pretty pink ribbon, and the pink ribbon said,
"Triple-A."

BILL MOYERS: Is there a law against liars'
loans?

WILLIAM K. BLACK: Not directly, but there, of
course, many laws against fraud, and liars'
loans are fraudulent.

BILL MOYERS: Because...

WILLIAM K. BLACK: Because they're not going to
be repaid and because they had false
representations. They involve deceit, which is
the essence of fraud.
And apparently what Geithner is doing and Obama is supporting,
is also breaking the law.
BILL MOYERS: To hear you say this is unusual
because you supported Barack Obama, during the
campaign. But you're seeming disillusioned now.

WILLIAM K. BLACK: Well, certainly in the
financial sphere, I am. I think, first, the
policies are substantively bad. Second, I think
they completely lack integrity. Third, they
violate the rule of law. This is being done
just like Secretary Paulson did it. In
violation of the law. We adopted a law after
the Savings and Loan crisis, called the Prompt
Corrective Action Law. And it requires them to
close these institutions. And they're refusing
to obey the law.

BILL MOYERS: In other words, they could have
closed these banks without nationalizing them?

WILLIAM K. BLACK: Well, you do a receivership.
No one -- Ronald Reagan did receiverships.
Nobody called it nationalization.

BILL MOYERS: And that's a law?

WILLIAM K. BLACK: That's the law.

BILL MOYERS: So, Paulson could have done this?
Geithner could do this?

WILLIAM K. BLACK: Not could. Was mandated--

BILL MOYERS: By the law.

WILLIAM K. BLACK: By the law.

BILL MOYERS: This law, you're talking about.

WILLIAM K. BLACK: Yes.

BILL MOYERS: What the reason they give for not
doing it?

WILLIAM K. BLACK: They ignore it. And nobody
calls them on it.

BILL MOYERS: Well, where's Congress? Where's
the press? Where--

WILLIAM K. BLACK: Well, where's the Pecora
investigation?

BILL MOYERS: The what?

WILLIAM K. BLACK: The Pecora investigation. The
Great Depression, we said, "Hey, we have to
learn the facts. What caused this disaster, so
that we can take steps, like pass the
Glass-Steagall law, that will prevent future
disasters?" Where's our investigation?

What would happen if after a plane crashes, we
said, "Oh, we don't want to look in the past.
We want to be forward looking. Many people
might have been, you know, we don't want to
pass blame. No. We have a nonpartisan, skilled
inquiry. We spend lots of money on, get really
bright people. And we find out, to the best of
our ability, what caused every single major
plane crash in America. And because of that,
aviation has an extraordinarily good safety
record. We ought to follow the same policies in
the financial sphere. We have to find out what
caused the disasters, or we will keep reliving
them. And here, we've got a double tragedy. It
isn't just that we are failing to learn from
the mistakes of the past. We're failing to
learn from the successes of the past.

BILL MOYERS: What do you mean?

WILLIAM K. BLACK: In the Savings and Loan
debacle, we developed excellent ways for
dealing with the frauds, and for dealing with
the failed institutions. And for 15 years after
the Savings and Loan crisis, didn't matter
which party was in power, the U.S. Treasury
Secretary would fly over to Tokyo and tell the
Japanese, "You ought to do things the way we
did in the Savings and Loan crisis, because it
worked really well. Instead you're covering up
the bank losses, because you know, you say you
need confidence. And so, we have to lie to the
people to create confidence. And it doesn't
work. You will cause your recession to continue
and continue." And the Japanese call it the
lost decade. That was the result. So, now we
get in trouble, and what do we do? We adopt the
Japanese approach of lying about the assets.
And you know what? It's working just as well as
it did in Japan.

BILL MOYERS: Yeah. Are you saying that Timothy
Geithner, the Secretary of the Treasury, and
others in the administration, with the banks,
are engaged in a cover up to keep us from
knowing what went wrong?

WILLIAM K. BLACK: Absolutely.

BILL MOYERS: You are.
You can read the transcript or watch the video. And if you want to
read the Prompt Corrective Action Law, here is a link to the FDIC version.


C

31 Comments

| Leave a comment
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Oh and par particular attention to the part about a cover-up.

Can you say LBJ or Nixon ?? I Knew you could boys and girls.

C

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There is clearly or rather, are cover ups that underlie the current economic crisis. It is becoming evident that banking institutions that only do business, after all, after procuring a government charter, do not wish anyone to know their business.

I have long felt that the fraud inherent in the dealings that brought us into this mess has both criminal and civil consequences. There are enough laws on the books to put a lot of people away for an awfully long period of time and to confiscate all of their assets.

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I would love to be at the auction when those assets are put up for bid. The real estate market willbe glutted there are so many conspirators in this scheme who sold bad loans to the borrowers, then sold those toxic assets to investors, eager to join in on the feeding frenzy, never asking, "How did this get so big so fast?"

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This is really critical and needs action. I have added the video for this at my blog. Every person in the US needs to see (or read) this interview. The lies and crimes cannot be allowed to continue!

Thanks for jumping on this.

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I wish I could rec'd this more than once, C. This post really needs to be seen and the entire interview with Black needs to be read.

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Excellent catch C!!

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Thanks everybody. We have 3 PBS stations that I can get here but only one carries Bill Moyers and they don't generally repeat it.


C

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so what do we do now?

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Try to make as many people aware of this as possible. Even though this was on a PBS program, not all PBS stations carry it and some that do, will air it late at nigh or early on a Sunday morning or some such.

This need to get pushed and maybe it will make it to some more widely read or watched venue.

Thats all we can do. Make our voices heard.

C

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C - this post didn't appear on the Muckraker or TPMDC pages. It's really too bad. Just a note for next time...

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I went back and edited the categories for it.

C

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Am I nuts? Are we nuts?

Or have they just been that good at hiding the fraud? Better yet, is William Black just another windbag?

Are we ready to dismiss Bill Moyers? Get real.

Bill's Journal interview with Black yesterday is staggering. In the end, I will trust Bill (and in this case another Bill) will tudor me to a better understanding, at least.

Maybe it isn't all that complicated for us after all, and maybe Bernie Madoff is just a slumdog billionaire behind bars for being a little too careless or stupid, or both. Maybe he just pissed the wrong Hombre's off. And here we are convinced ol' Bern had graduated the slums in the 60's and will go down in history as Mr. Ponzi squared. Sheesh.

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Thanks for posting this. Like Rowan Wolf above, I saw this and thought everyone should be seeing this. I can't say I was real surprised by any of his allegations, but I had never heard of the Prompt Corrective Action Law. As far as I know, and I could be wrong, laws are still binding, aren't they?

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Which is more disturbing: That this is happening or that it's happening under Obama? Both are making me pretty damn mad.

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It was certainly a provocative and revealing interview. It really made me long for serious journalism and realize just how poor the product put out by "news" organizations is.

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For a contrasting point of view, geekesque points out some problems with Black's statements, the biggest being that the law does not mandate receiverships as the only option.

Also, the idea of the PCA does not only concern total collapse but the idea of pegging the right to invest in certain asset classes upon the amount of capital within a bank. So given a bank falls into receivership, the question of how to regulate it without becoming sucked into the maw of the beast is a big question. Consider this paper by Freixas and Parigi

Our model shows that the logic behind the U.S. PCA regulation is well rooted in the microeconomic analysis of banks’ incentives. In other countries, in particular in the European Monetary Union, bank capital regulation at the national level often follows both the traditional quantitative capital regulation based on risk-weighted capital ratios, and a mix of moral suasion and ad hoc resolution of bank crises. A policy implication of our paper is that a piece of regulation similar to PCA should also be adopted outside the US, especially in countries where a discretionary approach to bank crisis resolution may lead to regulatory capture by the industry. This is particularly true in countries with weak institutional environments where, as Bart. et al. (2006) argue, giving strong discretionary powers to bank supervisors may actually make matters worse
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Scary. And this is not as simple as some one disagreeing with Obama's policies... this is a question of legality. We all want to support our president and I don't even buy the notion that Obama is purposefully acting in violation of the law, but if Black is right, the Obama administration is not in accordnace with statute here. We have to demand that the administration follow the law and, if it feels it must, attempt to change it in a public forum.

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Seems to me we need to kill some people. Wipe out Wall Street. They are thieves. parasites, and they have ruined us. Guillotines in Central Park.

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Rat,
Go away...

This is a symptom of lawlessness. That is not corrected by advocating "killing some people."

People need to go to jail, regulatory policies strengthened and enforced and the "bad" institutions closed. This gets corrected by exposure and prosecutions; not a mob.

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Oh I don't know......
"Inspector Kemp: A riot is an ungly thing... undt, I tink, that it is chust about time ve had vun. "

C

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Excellent c.

I see the whole market as a giant Ponzi scheme. Imagine you can "bet" on a stock to go down, put out a phony story on the health of the company, and cash in.

Take your money to Vegas, you have a better chance of winning...s

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You got the right. At least in Vegas you have a Gaming Commission.

C

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On a more serious not. When this whole thing brok last year my first reaction was "How could these people miss this stuff. I mean you have 435 Congressmen and 100 Senators. Plus all their aids and what not. They Had to of known."

But after watching, listening and thinking about all I have heard and read since - that congress and even Obama probably were (and for the most part still are) pretty clueless about what's really going on. They are simply far too out of the loop. If any of them pay any attention to the media, it most likely is the MSM, which won't cover this stuff. After all the MSM is primarily entertainment.

Also people in general will see and hear what they expect to see and hear, and/or what they want to see and hear. Which is why con-men and magicians can do what they do.

This is why we need a really good investigative media.

C

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Very disturbing. And yet it validates what I have believed was going on. Really makes me more certain that those blogs of mine have to keep going! We mustn't give up! This is just too upsetting to let go of!

Thanks. :)

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One last thing before I go and take a bit of a lie down. I do believe that there are those in the Administration and Congress that scared sh*tless about a complete collapse of the banks, as Black suggests. The government does not trust the people the same way we the people don't trust the government. Remember what Obama said about "not putting our money in the mattress."

I'm sure there are those that would go off the deep end if the truth go out now. But there have always been a small percentage of people who freak out about anything. Way it goes. And you cannot base policy on the reactions of a few.

Most would not even notice if the government put BoA or CITI into receivership. And more than a few would say "Well it's about GD time."

C

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I'm no lawyer.

But when I saw this:

BILL MOYERS: And that's a law?

WILLIAM K. BLACK: That's the law.

I immediately thought that this is also a law, a newer law:

Public Law 110-343

Public Law 110-343 (Pub.L. 110-343, known as H.R. 1424 prior to enactment) is an Act of Congress signed into law by U.S. President George W. Bush on October 3, 2008.[1][2]

The 169-page law created a $700 billion dollar Troubled Assets Relief Program under the Emergency Economic Stabilization Act of 2008 (division A)....


[DOCID: f:publ343.110]
[[Page 122 STAT. 3765]]

Public Law 110-343
110th Congress
An Act
To provide authority for the Federal Government to purchase and insure certain types of troubled assets for the purposes of providing stability to and preventing disruption in the economy and financial system and protecting taxpayers, to amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief, and for other purposes....

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Yeah, hyperventilating does not really help the situation (which is that the general public is getting hosed).

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Black was wrong. End of story.

We adopted a law after the Savings and Loan crisis, called the Prompt Corrective Action Law. And it requires them to close these institutions. And they're refusing to obey the law.

To the extent it was actually true(see MOAT,above)that PCA requires them to be closed it was because they were insolvent.

oThey were only insolvment because under GAAP they were required to Mark to Market those toxic loans.

oBut FASB has revoked M2M

oSo those banks aren't insolvent

oSo PCA doesn't apply

oSo Geithner isn't breaking any law.

OK?


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As one Kos diarist notes, Mr Black should learn the meaning of the word "or."

Prompt Corrective Action Act

TITLE 12 > CHAPTER 16 > § 1831o

§ 1831o. Prompt corrective action

(d) Provisions applicable to all institutions
(2) Management fees restricted
An insured depository institution shall pay no management fee to any person having control of that institution if, after making the payment, the institution would be undercapitalized.

SNIP

(3) Conservatorship, receivership, or other action required
(A) In general
The appropriate Federal banking agency shall, not later than 90 days after an insured depository institution becomes critically undercapitalized—

(i) appoint a receiver (or, with the concurrence of the Corporation, a conservator) for the institution;

OR

(ii) take such other action as the agency determines, with the concurrence of the Corporation, would better achieve the purpose of this section, after documenting why the action would better achieve that purpose.

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Good excerpt.

None of this means there is no problem, of course. The market is a Ponzi scheme.

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Well that's the the whole thing, I my view. It's not so much the action being taken as the fact these bankers clearly were engaged in fraudulent activities and are still running these institutions. And that the full extant of their activities and the financial health of these institutions is being kept from the public.

I do believe that the path that the administration is taking will make the situation worse and prolong it. It will also ferment greater resentment on the part of the general public.

C

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cmaukonen

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