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Week of February 22, 2009 - February 28, 2009

Rush...not as fun as tax homework


I'm slogging through this treatise on international tax (I can't believe I not only paid $3k for the class, but also $300 for the text) and I've got CNN on to distract the half of my brain that's generally rebelling whenever I do homework.  And Rush is delivering his "first international address" courtesy of CPAC.  'Course, they broadcast Rush in his entirety, as opposed to anything actually important.  blah blah bootstraps, blah blah success earns punishment, same old same old.  The usual exploitation of angst and anger of the working white who struggle every day, only to see the benes going to the strange black urban people all over their TV sets.

But I HAVE to take a break to take a note of this: according to Rush, tax cuts got us out of the doldrums in the 80s.

Granted, I was a tyke in the 80s, but I DO remember my parents grumbling about all the high interest rates and what's so bad about inflation anyway, and why is there such a thing as "optimal" unemployment rates (that don't equal zero). I remember hand-me-downs and the tuna-instead-of meat diet (and Dad was a relatively well paid engineer for GE).  So I I have to query of Mr. Limbaugh: didn't we MAKE the recession in the 80s ourselves? Er, the Fed that is.  And didn't it end when we quit worrying about inflation so much? And Milton Friedman's monetarism lost a little of its glittery luster?

But maybe Rush missed the 80s.  You know, he was distracted by all those white-man coke-trips to tropical islands with the 3:1 complement of airheads.  

A.I.G.'s House of Cards and global capital markets


http://www.nytimes.com/2009/02/28/business/28nocera.html?_r=1&8dpc

Here's another great review of what's actually going on, in case folks still feel a little lost.  Other than spewing of bile and grinding of teeth, my first reaction is this: our current grand MBS mess could have happened with any hot investment--not just houses.  any commodity or asset or tulip could have gotten hot, and folks would have securitized them and other folks would have sold derivatives of them.  A big well respected "insurance" company would have "insured" them.  So what could have stopped it all?

Well, a regulatory system, with sufficient global oversight, that would force insurance companies to actually hold the capital reserves necessary to pay their insureds, should the worst happen.  We didn't have this.  Indeed, we didn't even have this in our own country -- nevermind in the london markets or the german markets or the asian markets.

And perhaps a global securities regulatory system that wouldn't allow investment banks to report as "assets" stuff that was insured by insurance companies with inadequate capital reserves.

Banks and insurance companies, like people, will always try to cheat, always try to grab that extra buck.  Anyone remember the gigantic settlement State Farm had to pay out for failing to properly represent its insureds in court? We typically control these things through our civil and criminal laws, and through regulation.  

But our police powers never caught up with the sheer magnitude of the kinds of money that were moving around. Maybe if we didn't get london money buying CDS's, and a therefore a ginormous multinational in the form of AIG, this financial meltdown wouldn't have been so bad.  So we never wrote rules protecting against it.  Stated differently, a mini-AIG, that issued CDS's to make money for investors only within the states, would never fail quite so spectacularly: they wouldn't have so many CDS's, and there wouldn't be so many mortgage backed securities--because the banks wouldn't make and buy so many, having only US-sourced money to invest and US investors to please.  Theoretically, the laws already on our books would have covered this smaller-scale disaster (or did, until they repealed Glass-Steagall).

I remember the infant days of NAFTA, and the shift in economic thinking.  Ross Perot and the "giant sucking sound."  But the globalization of capital markets never received the same kinds of popular attention.  So while folks would protest mexican labor and environmental standards, they didn't so much think of what might happen if a ton of unregulated or under-regulated foreign money started swimming around everywhere.  Little kinks in the system -- loopholes --- that allowed things like CDSs to exist -- allowed through so much more money than anyone could ever wrap their little green-laced brains around.  So much, in fact, that the banks doing all the buying hadn't a clue as to the risks they were taking on, apparently.

This crisis is NOT my fault or your fault.  When trusted the government to open our borders, we trusted them to do it safely and smartly.  We thought we would be informed of the potential hazards and pitfalls.  

Schadenfreude for Citi: Not Yet!


Delaware's court of chancery had a chance to sock-it-to Citi's board for failing to avoid the stampede into the mortgage-backed securities market (and derivatives thereof).  At least, to allow aggrieved shareholders to continue their lawsuit against them.  Not to be.

The other day, the Court decided that the shareholders failed to meet the "demand requirement" of pleading--a rule saying that they've got to allege specific facts in their complaint showing that the board maliciously (wrongfully and with bad faith) failed to take action to stop such investments.  They needed to plead more than mere negligence -- the failure to stop their employees from investing in such securities had to be what amounts to criminal recklessness.  This, the shareholder plaintiffs could not do.

Well, at least the Court is allowing the shareholders go forward on the corporate waste (executive pay) argument.

Oh well.  Better luck next time.  but this does not bode well for exacting the public vengeance so many desire.  Or filling the banks' coffers with directors' savings accounts.  Remember, we the taxpayers are now citi's largest shareholders.  And you just lost your lawsuit.

You can read the opinion here:  http://www.delawarelitigation.com/2009/02/articles/chancery-court-updates/
chancery-court-dismisses-shareholder-claims-against-citigroup-for-failure-to-monitor-subprime-
risks-but-allows-waste-claim-for-ceo-pay/



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