fraud

Weekly Audit: Will Weak Reforms Bring on Another Crisis?

by: The Media Consortium

Tue Mar 16, 2010 at 17:15

By Zach Carter, Media Consortium blogger

Senate Banking Committee Chairman Chris Dodd (D-CT) unveiled his latest financial reform proposal on Monday, and the stakes for the new legislation couldn't be higher. After consumer groups raised a major ruckus, Dodd has dropped one of his most egregious concessions to the bank lobby-cutting enforcement authority from the proposed Consumer Financial Protection Agency (CFPA). That's good news: Without a major regulatory overhaul, the U.S. economy's destructive boom and bust cycle will start all over again.

We've been down this road before. The Enron fiasco should have served as a wake-up call for policymakers, but instead, the weak federal response to Enron's major fraud helped pave the way for the current economic slump.

What does Enron have to do with the crisis?

As Megan Carpentier emphasizes for The Washington Independent, one of the key "reforms" Congress enacted in the Enron aftermath was a law requiring every CEO to sign-off on their company's accounting statements-but it has accomplished almost nothing.

Enron collapsed due to accounting fraud. Its executives weren't stupid or careless-they made their money by engaging in deliberate and coordinated acts of illegal deception. But CEOs of companies like Enron had always been able to deny that they knew about the shenanigans that were playing out in their accounting departments. By forcing CEOs to sign off on their accounting statements, Congress was attempting to "deny them plausible deniability," as Carpentier puts it.

But accounting fraud has plagued the U.S. economy, even after the Enron scandal. It also plays a major role in the Wall Street crisis. A recent court report from Lehman Brothers' bankruptcy examiner reveals that the company arranged a series of complicated transactions to hide $50 billion in debt, making Lehman appear healthier than it was. By hiding this debt, Lehman was able to make bigger bets on the mortgage market. The defense issued by Lehman CEO Richard Fuld? He apparently didn't know the accounting hijinks were happening

An epidemic of fraud

Most U.S. policymakers are still having a hard time coming to grips with the fact that our financial system is rife with fraud at almost every level. Writing for AlterNet, Joe Costello reports on a recent Roosevelt Institute conference featuring several major economic luminaries. Costello argues that some of Wall Street's biggest problems were driven by run-of-the-mill fraud. And a key vehicle for this fraud, Costello notes, was the derivatives market-the same market that allowed Enron to perpetrate its own frauds. Many of the scams aren't even particularly new or creative. They're simply the same cons that helped usher in the Great Depression.

"If we're going to get our economy up and running again, the first thing we're going to have to do is end the fraud," Costello writes.

Protecting Whistleblowers

But astonishingly, even after the worst financial crisis in history, bigwig bankers have been able to avoid fraud charges and investigations. Even when the Justice Department went after Swiss banking Giant UBS for a massive tax evasion scheme, they let the company's U.S. executives off the hook and instead jailed the very whistleblower who told the government about the fraud.

The whistleblower, Bradley Birkenfeld, is by no means innocent of wrongdoing-he even smuggled diamonds in a toothpaste container for a wealthy UBS client. But as Corbin Hiarr notes for Mother Jones, jailing the man who blows the whistle sends exactly the wrong message to anybody in Big Finance who recognizes a problem. Not only will your employer come at you with everything it has, but the government you aid will actually send you to prison. The fraudsters you finger get to retire to the Caymans.

This is part of the reason that successful financial reform is not just what the rules are, but who gets to enforce them. There were many reasonable rules against predatory lending that bank regulators at the Federal Reserve and the Office of the Comptroller of the Currency (OCC) could have used to thwart the financial crisis early on, but neither agency was interested in doing so. They were more concerned with short-term banking profits, and up until 2007, sketchy accounting was allowing banks to book big gains on the subprime market.

Why we need a CFPA

That's why all the way back in June of 2009, President Barack Obama proposed establishing a CFPA focused exclusively on defending consumers against banks. With no concerns for bank profitability, CFPA regulators could go after unfair practices and fraud because they were wrong, regardless of what they did for bank balance sheets.

The proposal was watered down significantly in the House, as Kai Wright notes for The Nation, and just a week ago it appeared that Dodd was ready to completely torpedo the new regulator in an effort to craft bipartisan support for a so-called "reform" bill.

He's backed off since then, but without strong enforcement authority, nothing is gained-the same corrupt regulators will simply continue to look the other way. But Dodd would still house the new agency at the Federal Reserve. Dodd insists the Fed would have no authority over the CPFA, but if that were the case, why would he introduce the provision at all?

"Reform in name alone will be useless to both consumers and politicians," writes Wright.

Strong financial reform is overwhelmingly popular. While it's good to see Dodd backing away from some of the gifts he'd previously proposed to bank lobbyists, progressives must keep the pressure high to ensure that financial reform is strengthened as it moves through the Senate.

It's easy for a corrupt lawmaker to vote against a weak bill: He can always plead that the bill wasn't good enough and be right. But serious, popular reform is not so easy to oppose. If Dodd and the Democratic leadership make the politicians backed by the bank lobby-that's literally every Republican, plus a handful of conservative Democrats-stand up and vote against a good bill, many of them will have to choose between their lobbyist friends and their political future.

This post features links to the best independent, progressive reporting about the economy by members  of The Media Consortium. It is free to reprint. Visit the Audit for a complete list of articles on economic issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Mulch, The Pulse and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

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Credit Card Scams

by: DaveJ

Wed Nov 25, 2009 at 10:00

The other day Digby wrote about a scam by Bank of America, where they switched the monthly bill's envelope to look like junk mail, so people threw it away, and they collect million upon millions in late fees.
The plain brown envelope looked like it was one of those car dealership "checks" that were all the rage before the credit crisis hit. And because I didn't realize the first month that I hadn't gotten my bill, it created a black mark on my credit for a late payment which resulted in a cascade of raised rates on several cards.

It was clearly a sneaky trick. ... And that's what people are dealing with all the time as consumers, with their health insurance, their credit cards, their mortgages, their pensions -- overwhelming complexity designed to trip them up and cost them money or deny them benefits to which they believed in good faith they were entitled. And its all perfectly legal -- or at least there's no visible accountability for it.

Me, too!  Chase ran a scam on me but I didn't realize it was just a scam until I was talking with someone else and found out exactly the same thing happened to her.  I had automatic payments set up so any balance was paid out of my checking account.  (I never, ever, ever, ever carry a balance on credits cards.  And you should never, ever, ever do that either.)  They stopped the automatic payments, and charged me late fees.  I fought it, and filed a complaint with the Fed, and when I got them to reverse the late fee, they applied a fee reversal fee!  That card is long gone.

So how many of you got socked by AOL, where you couldn't get them to stop charging your card?  How many have been hit by other scams?  How about cell phone scams, like Verizon's various scams -- VCast when you didn't want it, or the deal where they put the key for "Get It Now" or "Mobile Web" where you accidentally hit it all the time, and they charge you each time?

There's More... :: (14 Comments, 185 words in story)

Dick Armey's FreedomWorks: The Corporate "Grassroots" Behind Teabagging

by: AdamGreen

Tue Apr 14, 2009 at 22:35

A right-of-center blogger and strategist I know made an interesting point on Twitter, with regard to tomorrow's teabagging parties:

OFA and MoveOn isn't astroturf... but FreedomWorks is. Come on. If this were them, it would be far more centralized & organized #teaparty

This seems like a suitable time to remind folks of how Dick Armey's "grassroots group" obtained it's membership: through illegal fraud. From the Washington Post:

In 2001, Jennifer B. Chace heard an insurance broker's pitch for a new insurance company marketing tax-free medical savings accounts. She jumped at the offer, but first, the broker told her, she would have to sign an application -- already filled out -- that would entitle her to a low group rate.

With that signature, Chace, a Florida dentist in the market for health insurance, unwittingly joined one of Washington's most prominent conservative organizations, Citizens for a Sound Economy, she would later testify.

"Before I showed you this form today, did you even realize that you signed a form that was an application for membership in Citizens for a Sound Economy?" her lawyer would ask during a 2004 deposition.

"I don't know what Citizens for a Sound Economy is," she replied.

Chace's experience has brought to light an obscure arrangement between a prominent Republican businessman, J. Patrick Rooney, and a free-market interest group that has netted the grass-roots organization hundreds of thousands of dollars and thousands of new members. Citizens for a Sound Economy -- now called FreedomWorks and headed by former House majority leader Richard K. Armey (R-Tex.) -- has netted more than $638,000 and about 16,000 members through the sale of insurance policies.

And unlike OFA and MoveOn, FreedomWorks is not funded by the grassroots. It's funded by giant corporations who pay it to create the illusion of grassroots support around issues that real people would never actually rally around. From Common Cause:

Post-merger, the Astroturf lobbying continues.  FreedomWorks has accepted corporate contributions from telephone giants Verizon and SBC (now AT&T).

...FreedomWorks is also on the record supporting the telecommunications industry's position on network neutrality. Broadband Internet companies like Verizon and AT&T would like to create "tiers" or "lanes" on the information superhighway: Their own content and services would be delivered using the fast lane; companies like Google and Amazon would be charged high fees to travel in the middle lane; and the rest of the web would be relegated to the slow lane.

Can you hear the masses now? "Give me a slow Internet!" "Stop taxing the rich!" "Stop Obama from giving 95% of working families a tax cut!" "Cut capital gains taxes for AIG execs, and trick me into joining your email list while you're at it!"

Ah, the corporate grassroots.

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Seasonal Work

by: Natasha Chart

Fri Oct 10, 2008 at 14:45

When people are just out of school and don't have much of a work history, or if they're barely getting by and having a hard time finding a steady, long-term job, they may rely on seasonal work. That means holiday photo booths, Christmas retail, even voter registration. Most of them are conscientious and do their best no matter the work.

Others, not so much.

And Republicans are hopping mad over some bad voter registration cards that paid canvassers turned in to ACORN. From a Washington Post article entitled, "Anger Is Crowd's Overarching Emotion At McCain Rally", Michael Shear and Perry Bacon report:

... "No, I'm not mad, I'm pissed," said Joan Schmitz, who owns a plumbing company here. She said she was frustrated with polls showing Obama surging, McCain's performance in a Tuesday night debate, Obama himself, the media, and the liberal group ACORN, which she said was registering voters fraudulently.

... On the way into the event, the Republican Party of Wisconsin handed out fliers reading "Your Vote Is Being Stolen," an anti-ACORN leaflet that concluded, "Why is vote fraud allowed? Vote fraud is allowed since it benefits Democrats." ...

There's More... :: (4 Comments, 1126 words in story)

Ward Connerly Exposed

by: Kristina Wilfore

Wed Sep 24, 2008 at 14:30

(Buried during the financial stuff. Connerly deserves more exposure. - promoted by Adam Bink)

With greed and corruption dominating the news and our political debate there's one person who is defined by by both like no other- Ward Connerly.

For the last 12 years, Connerly, a California lobbyist and right-wing backed political operative has acted as the front man for a divisive effort to outlaw equal opportunity programs across the country by re-writing state constitutions with ballot initiatives.  

There's More... :: (1 Comments, 470 words in story)

Why Obama has still not clinched it: Rigged Primaries and a Complicit Media

by: TruthIsAll

Thu Mar 27, 2008 at 10:28

http://www.geocities.com/elect...

The pattern is very clear.  Starting with Clinton's New Hampshire primary "upset", there has been an ongoing effort to pad her votes at the expense of Obama.  And no wonder: the Republicans want to run against her and are doing all they can to make it happen.  Even so, Obama currently leads the recorded popular vote by 700,000.  But he may very well be leading the True Vote by 1,500,000 or more. That would make a big difference in pledged delegates.  It's the ultimate Rovian dirty trick:  tear apart the Democratic Party.  Divide and Conquer: it's the only way the Republicans can win in November.  And yet the media doesn't investigate the footprints of election fraud.  They want the "horserace" to continue.  

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