09 June 2013
GFC
17 April 2012  | 
  
COMMENTARY ON THE GFC 
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The official story
  of the GFC 
 | 
  
It
  has passed into accepted wisdom that the GFC was an unforeseeable sequence of
  events brought on by a failure in the US
  housing markets leading to a global collapse in equity and financial markets and
  with subsequent downturns in domestic economies.  
It
  has been argued by mainstream media (and never seriously questioned) that any
  criminal behaviour that did occur was at the margins, and the necessary and
  prudent responses to the GFC failures should involve further deregulation of
  financial and labour markets, cutbacks in national government domestic
  spending programs and sell offs of national assets. 
Following
  the bailouts of the financial markets from 2008 onwards running into
  trillions of dollars we have been lead to believe that (a) the worst is
  behind us, and (b) adequate risk controls have been put in place to ensure a
  return to stable economic growth.  
All
  of these claims are false. 
 | 
 
The truth on the
  GFC 
 | 
  
There
  is overwhelming evidence from credible sources that: 
·        
  The GFC, as triggered by a
  collapse in the US
  housing market, was foreseeable and US regulators ignored the
  warnings. 
·        
  The GFC involved systemic, wall
  to wall instances of criminal behaviour in the financial markets with
  almost all of the culprits getting off free. 
·        
  Attempts to address regulatory
  failures within the US
  financial markets subsequent to the GFC have been essentially window dressing
  and new financially dangerous practices have been allowed which
  promise further market breakdowns even more catastrophic than what we have
  seen to date. 
·        
  Domestic populations globally
  have been ‘sold out’ to pay for the crimes of a financial elite. 
·        
  Global financial markets are
  more unstable than ever. 
 | 
 
Background to the
  GFC 
 | 
  
Very
  briefly, From the 1970s till now key economic changes have taken place in the
  US
  and globally: 
·        
  Financial markets have grown
  from 8% of the US
  economy to over 25% 
·        
  Manufacturing has seen a
  matching decline with the advent of container shipping, the internet and the
  off-shoring of labour. 
·        
  US
  wages have not kept pace with productivity gains. Profits have been
  transferred to an elite.  
·        
  Instead, employees were
  encouraged to participate in the share and property markets as the keys to
  their prosperity. 
·        
  These markets were boosted by
  low interest rates from the US Federal Reserve, encouraging property and
  markets speculation. 
·        
  The result was a series of boom
  and bust episodes in shares  such as
  the Savings and Loans Crisis under Reagan, and the DotCom bubble later. The
  GFC is just the latest and most devastating. 
·        
  Privatisation of government
  assets, notably energy utilities, took place globally with further scams
  arising (eg the California Energy Crisis manufactured by Texas
  based energy companies) 
·        
  From the 1980s through till the
  present there were persistent pressures on Congress -- and globally -- to
  deregulate business, notably in the financial markets. 
·        
  The chief legislative change
  that gave rise to the GFC was the repeal in the US
  of the Glass Steagall Act in the late 1990s which had maintained a division
  between ordinary banking services and more risky investment banking, a law put
  in place to stop any repeat of the dangerous practices that caused the 1929
  Depression. 
·        
  This legislative change was not
  surprising given that big business and major finance companies had
  contributed so much to the electoral coffers of legislators that they
  effectively owned them (a practice that continues to this day). 
·        
  Following the repeal of the
  Glass Steagall Act (passed by Clinton
  under protest in the face of a Republican veto-proof majority in Congress)
  major US
  banks moved into the shady lending and securitisation practices that gave us
  the GFC, 
·        
  Over the last twenty years there
  has also been an explosion of complex derivatives (geared) financial
  products, often backed by no assets at all, reportedly today valued at $600 trillion
  in a real world global economy of only $80 trillion annually. Clearly,
  financial markets have become something of a casino. 
·        
  George Bush came to the US
  Presidency in 2000 by a stolen election, a fact that would not have been lost
  on financial insiders who were aware that the new President would be
  ‘business friendly’ and keen on deregulation. They would also be aware that
  Bush’s own brother, Neil Bush, was a major participant in a $1billion scam
  run during the Savings and Loans Crisis. The signal was in that regulatory
  controls were ‘off’ for markets of all kinds. 
·        
  The Bush administration’s top
  20 cabinet and executive posts were filled by Texas
  oil company executives. This was pro-business on steroids with an open
  contempt for government oversight. 
It was in this
  historical context that financial markets, notably half a dozen leading US
  banks, took it upon themselves to ramp up property and share markets by
  straightforwardly illegal practices under well established law, charge
  exorbitant fees, and gamble that in any subsequent fallout they could con the
  US
  government, and taxpayer, into picking up the bill. They were right, and they
  did it. 
 | 
 
The GFC, as
  triggered by a collapse in the US
  housing market, was foreseeable and US regulators ignored the warnings 
 | 
  
 
 
 
"In mid-2006, I discovered
  that over 60 percent of these mortgages purchased and sold were defective [ie
  the applicants did not meet creditworthy standards and the bank had every
  reason to believe they would default at some stage] " Bowen testified on
  April 7 before the Financial Crisis Inquiry Commission created by Congress.
  "Defective mortgages increased during 2007 to over 80 percent of
  production." 
Citibank knew home borrowers were
  unlikely to pay after two years of low teaser rates that morphed into killer
  rates yet they lent the money anyway – knowing they, or subsequent owners of
  the mortgage, would foreclose and get the house and the share market
  investors would lose their shirts. 
They promoted and accepted these
  loans because there was so much profit to be made in moving the risk off
  their books and onto the pooled investment fund recipients. 
It was the same Citibank that in 2010
  sought to bail out Greece with loans and then went out and
  bet the derivatives market that those loans would fail. That's inherently
  fraudulent behaviour. 
 | 
 
The US
  regulatory framework had been dismantled in favour of corporate interests 
 | 
  
 
. 
 
 
 
 
 
 
  | 
 
The GFC involved
  systemic, wall to wall instances of criminal behaviour 
 | 
  
·        
  This is the view of many
  credible economic commentators. 
·        
  William Black was the chief US
  prosecutor for criminal charges arising out of the Reagan era Savings and
  Loans crisis in which he prosecuted hundreds of corrupt finance officials. 
Black
  claimed that the GFC was a hundred times worse than the S&L crisis and
  few have been prosecuted. Moreover, he identified the behaviour of leading US
  banks involved as “control fraud”, a system whereby corporate officers
  knowingly run the company into the ground in order to obtain exorbitant
  executive bonuses or to engage in profitable trades based on insider
  knowledge. In the case of the biggest US
  banks they relied on the “too big to fail” argument, that the US
  government, and taxpayer, would bail them out in the event of market collapse
  – which is exactly what happened. 
Control
  Fraud: 
–        
  Extreme growth by making (or
  purchasing) 
–        
  Loans of extremely poor quality
  at a premium yield 
–        
  While employing extreme
  leverage, and 
–        
  Providing grossly inadequate
  allowances for loan and lease losses 
http://tinyurl.com/controlfraud555 
Globalresearch.ca/index.php?context=va&aid=26602 
·        
  As previously mentioned, Citibank’s
  Richard Bowen gave evidence before Congress that Citibank was issuing home
  loans they knew would fail and on-sold these loans to unsuspecting investors.
  Nearly all of their home loans issued by them were known to be defective. 
MERS 
A
  handful of leading US banks that dominated the home loan market set up a
  system called MERS in the early 2000’s. 
They
  initially created a market by pooling and on-selling mortgages to
  institutional investors like pension and hedge funds in a process called
  "securitization". This appeared to get financial risk off their
  books but they used several sleights of hand in the process. 
They
  paid ratings agencies to rate these funds as AAA when they knew they
  contained sub-prime mortgages, ones almost guaranteed to fail. 
They
  assigned the transfer of mortgages to a private company set up by them --
  MERS (Mortgage Electronic Registration Systems). This way, the regular trading
  of the underlying mortgages in these pooled securities could be tracked
  electronically. 
Unfortunately,
  in every state in the US
  property transfers need to be recorded at the state level and various stamp
  duties paid in order for those transfers to be legal. MERS failed to do
  this, by design.  
In
  particular, Mers failed to properly register properties at the state level in
  their initial securitization process, failing to legally transfer those
  properties to the pooled funds. Consequently, those massive funds were in
  many instances never trading anything more than worthless paper! They
  discovered the problem when they tried to foreclose on failed mortgages and
  found they didn't legally own the homes. Those pooled funds then set about
  fraudulently recreating missing documents and presenting them to the courts. 
It
  gets worse. MERS, and many of the big banks, not only failed to properly
  transfer ownership title, they often destroyed the mortgage paperwork and
  loan agreements! They did so because they wanted to believed they could
  do so (in defiance of state laws) and, more importantly, because any
  examination of the original loan applications would show that the big banks
  were selling worthless loans to the pooled investors. The big banks were even
  "shorting" these pooled offerings, selling them to the public while
  betting they would fail through the derivatives market. 
The
  entire system of property registration in the US
  is in disarray. Legal title of ownership is uncertain. The pooled funds are
  coming after the originating banks (one claim is for $47 billion), as are
  thousands of homeowners who have been wrongfully evicted from their homes and
  defrauded of ownership.  
How
  much money is at stake here in this legal mess: on some estimates, $1.5
  trillion. That is seriously systemic criminal behaviour. 
Update:
  On Feb 12 2012
  Pres. Obama signed off on a deal brokered between all 50 US
  states, the Federal Government, and the 5 leading US banks largely
  responsible for the mortgages fiasco. 
The
  companies will be released from any legal liability in relation to their
  rorting of the US
  mortgage market. In return they will pay $25 billion into a trust fund to
  assist those harmed by their criminal behaviour. Over 4 million families lost
  their homes to foreclosure yet just 750,000 of them will receive a one-time
  check for just $1,800 to $2,000, which for many will barely cover the cost of
  moving to new homes.  
The
  big US
  banks stole like bandits and got away free. 
·        
  Simon Johnson, a former chief
  economist of the International Monetary Fund, characterizes the process we
  have been through in the last two years as a "quiet coup," and
  notes that all the ensuing financial "reforms" have been designed
  to serve the interests of a financial elite and not the public. He claims
  there is little difference between the current collapse and previous ones in Indonesia,
  South Korea
  and Russia
  where financial elites have captured government and used it to their own
  advantage. The public has been forced to extend the protections of the
  conservative banking system to shysters and gambling sharks. This is the same
  process that has been occurring in Europe
  with the bailout of bankers there.  
·        
  The final stage of this global
  scam by financial markets is to utilise government bailouts to buy up
  national assets at fire sale prices. This what is happening in Greece
  with European bankers insisting on asset sales. It is what is happening in
  the US with chosen banks being invited by the US government to receive low
  interest (or no interest) loans to buy up tranches of distressed properties
  from Freddie Mac and Fannie May at cheap prices, the very same properties
  those banks offload to those agencies at full price following the GFC!  
 | 
 
New financially  
dangerous practices
  have been allowed which promise further market
  breakdowns even more catastrophic than what we have seen to date. 
 | 
  
There
  are many instances but I provide here some particularly significant items from
  the US
  economy: 
·        
  New US accounting rules endorse
  corporate fraud. Following the GFC US share markets
  tracked down until 10
   March 2009 when they mysteriously zoomed up.
  Why? Because on that day the US Federal Accounting Standards Board (FASB)
  succumbed to financial markets pressure and installed new accounting
  standards: big banks would be allowed to value trillions of dollars of bad
  loan book debts not at current market values but at notional values. A
  mortgage would be kept on the books as an asset at a value of $300,000 when
  it had no chance of selling then, or now following the GFC, at anything over
  $180,000. FASB had got the message from a Congress owned by the finance
  markets: either allow financial firms to lie about the market prices of their
  alleged assets or Congress would legislate into effect that which FASB
  refused. Subsequently, listed US
  companies have gone into receivership showing only 50% of their asset worth
  stated only days previously.   
·        
  Computer generated trades in
  equity markets have occurred post-GFC and are evidence of serious fraud.
  On May 6 2010
  the Dow dropped 1000 points in computer driven trading. Nothing has been
  changed to protect the public. 
http://tinyurl.com/1000selloff 
http://market-ticker.org/akcs-www?post=164768 
·        
  High frequency computer trading
  scams are run regularly on US markets. US
  brokers use high frequency trading to intentionally probe the market with
  tiny orders that are immediately cancelled in a scheme to gain an illegal
  view into the other side's willingness to pay. 
http://market-ticker.org/akcs-www?post=163801 
·        
  Off balance sheet accounting is
  still permitted in the US
  and continues to threaten market stability. Wells Fargo
  has $10 billion of risk-weighted assets. It has in $2 trillion of off-balance
  sheet assets. 
·        
  The OTC (over the counter)
  derivatives market still remains almost entirely unregulated, with no end-of-day
  reconciliations. It dwarfs the regulated securities markets. 
·        
  Further legislative approval
  for wholesale corporate fraud. The Jumpstart Our
  Business Startups Act or JOBS Act, is a law intended to encourage funding of US
  small businesses by easing various securities regulations. It passed with
  bipartisan support, and was signed into law by Pres.Obama on April 5, 2012.
  The bill eliminates SEC
  reporting requirements for enterprises with annual revenues up to $1 billion.
  It is a virtual blueprint for financial scams. Consumers will need to do
  their own due diligence on companies they intend to invest in.  
http://tinyurl.com/jobsact555 
·        
  Improper use of savings bank
  status threatens the US
  government ability to bail out ordinary depositors in the event of a crisis.  The Federal Deposit Insurance Corporation
  (FDIC) guarantees these funds but has limited assets and would have to rely
  on the US
  government sale of Treasury notes to handle any large collapse of US banks.
  In Oct 2011 Bank of America Corporation, hit by a credit downgrade,  moved derivatives from its Merrill Lynch
  unit to a subsidiary flush with insured deposits, according to people with
  direct knowledge of the situation. The exact figures are unknown but are
  believed to be in the trillions. BAC
  has $75 trillion worth of derivatives trades. Any calls upon the FDIC to bail
  out derivatives trades of trillions of dollars would be simply unsustainable.
  If this merging of derivatives trades with ordinary bank cash deposits were
  to be non-transparent or repeated by other banks then the entire viability of
  the US
  banking system would be called into question in any future crisis. 
http://problembanklist.com/fdic-to-cover-losses-on-trillion-bank-of-america-derivative-bets-0419/ 
·        
  The US
  middle class is being wiped out and the statistics prove it. 
http://tinyurl.com/middleclass555 
·        
  US debt levels are
  unsustainable. On a per capita basis they are
  higher than that of Greece.
  A collapse of markets is more likely than not. 
 | 
 
Domestic
  populations globally have been ‘sold out’ to pay for the crimes of a
  financial elite 
 | 
  
One
  only has to look at the bailouts in Iceland,
  Ireland
  and Greece
  to see this. Neither the governments nor the people are being bailed out in
  these instances; instead, the IMF, World Bank, European Central Bank and the
  finance markets are bailing out greedy bankers who made bad loans, imposing
  draconian measures on national economies that will gut real economic activity
  for decades – and all because those banks made loans without undertaking due
  diligence on the ability of the borrowers to repay, or knowingly mislead
  them. 
The
  matter is compounded by the fact that those banks have leveraged their
  lendings through the derivatives markets, a casino of ‘funny money’ that
  mostly has no asset backing. Those gearing arrangements (sometimes as much as
  100:1) have left major US and European banks especially vulnerable to
  non-repayment by individuals or national governments.  
 | 
 
Global financial
  markets are more unstable than ever 
 | 
  
See
  the instances I referred to previously concerning dangerous new regulatory
  practices in the US
  financial markets. Read any of these commentators for more details: 
Karl
  Denninger 
Mike
  Whitney 
Paul
  Craig Roberts 
Matt
  Taibbi 
Pam
  Martens 
Nouriel
  Roubini 
Janet
  Tavakoli 
Henry
  Liu 
William
  Black 
 | 
 
Implications for HR
  professionals 
 | 
  
HR
  professionals are not expected to know everything, but they must move beyond
  superficial political and social analysis if they expect to conduct
  reasonable contingency planning, especially in larger organisations with
  longer project lead times. 
How
  many HRM managers know, for instance, that Mitt Romney’s three key foreign
  policy advisors are board members of the same Right wing think tank (Foreign
  Policy Initiative) which, following a baseless Iranian terrorist scare in Nov
  2011, called for immediate US
  military attacks upon Iran?
   
The
  consequences of such an action would likely be a massive oil price hike
  (think fuel at $3.00/litre) with major cutbacks in the transport industry and
  foodstuff price hikes.  
This is certainly
  something for the HR professional to ponder upon. 
There at least has
  to be an awareness beyond the news headlines. 
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