The Republicans won control of the House and picked up seats in the Senate in the midterm election on nebulous promises to slash spending and reduce the size of the federal government. House Speaker John Boehner has pledged to reduce spending to 2008 levels, as per the GOP's campaign manifesto, known as the "Pledge to America."
Remember that horrible 2004 Swift Boat Veterans for Truth ad that helped derail John Kerry's 2004 presidential bid? Well, Bob Perry, the billionaire tycoon who financed that smear campaign is back, and he's underwriting a barrage of dirty ads that target politicians he doesn't like.
A massive foreclosure fraud scandal is rocking the U.S. mortgage market. Wall Street banks and their lawyers are fabricating documents, forging signatures and lying to judges-all to exploit troubled borrowers with enormous, illegal fees, and in some cases, improperly foreclose on borrowers who haven't missed any payments.
The fraud is so widespread that it could put some big banks out of business and even spark another financial collapse. Fortunately, things haven't fallen apart just yet. With strong leadership from President Barack Obama and Congress, the government can help keep troubled borrowers in their homes and prevent another meltdown.
One fraud begets another
As Danny Schecter emphasizes in an interview with GRITtv's Laura Flanders, this mess is just one element of a broader, criminal fraud at the heart of the foreclosure fiasco and resulting financial crisis. Banks pushed fraudulent loans onto borrowers during the housing bubble because the loans could be packaged into mortgage-backed securitizations and pawned off on hedge funds and other banks. Banks made a lot of money from this process, until the mortgages went bad and the fraud-packed securities plummeted in value.
Document drama
At the heart of any mortgage is a document called "The Note", which lays out the terms of the mortgage and the kinds of fees that banks can levy against borrowers if they fall behind on their payments. Owning the note also gives banks the right to foreclose when a borrower stops paying.
The trouble is, in an effort to cut costs and boost bonuses, banks haven't kept actually kept track of the note-in fact, they've actively destroyed the document so they don't have to deal with filing it. Now that mortgages are going bad, banks are taking advantage of the documentation vacuum they created to levy massive, illegal fees on borrowers both before and during the foreclosure process. They do this by manufacturing fake documents, forging signatures, and getting bogus signatures from notaries to approve sham documents.
This is all terribly unfair to borrowers. In some cases, illegal fees push borrowers over the edge into foreclosure, while in others, borrowers get saddled with tens of thousands of dollars in illegal fees after getting kicked out of their home. The situation is a national disgrace.
Failure to produce
But the situation also creates legal liabilities that can push banks into failure. If banks can't pony up the note, they don't have the right to foreclose-not without some serious, expensive legal maneuvering. And what's more, if the banks who created these shoddy securities can't supply notes, investors who bought the securities can force losses back on the banks that created them. Given that there are $2.6 trillion in mortgage-backed securities out there, banks are very worried that losses and lawsuits stemming from shoddy documentation could spark another round of major financial turmoil.
The sheer lack of documentation makes it very difficult for investors to decipher which banks are exposed to loads of red ink, and which banks are not. That's a recipe for financial panic.
Silencing whistleblowers
The banks know they're in serious trouble. That's why, as Andy Kroll notes for Mother Jones, mortgage servicers like GMAC are trying to silence whistleblowers who can explain the extent of these frauds. GMAC employee Jeffrey Stephan confessed to robo-signing 10,000 foreclosure documents every month without actually examining them. His acknowledgment sparked the current public scrutiny of foreclosure fraud, which has expanded to banks including JPMorgan Chase and Bank of America.
Kroll was one of the first to report on these fraudulent foreclosure mills and their illegal fees, and his coverage of the issue is essential reading for anybody following the unfolding crisis. Kroll also highlights the wave of new investigations and inquiries being launched by attorneys general in eight states, a phenomenon that is likely to expand as the crisis widens.
As Annie Lowrey details for The Washington Independent, one of those states is Ohio, where Attorney General Richard Cordray is suing GMAC, seeking $25,000 in damages for every fraudulent document the company has filed. In Ohio alone, there have been 190,000 foreclosures over the past two years. Cordray hasn't won his suit, and not every foreclosure will include fraud, but that's a potential loss of over $7 billion to GMAC from foreclosures in Ohio alone over the past two years. And that doesn't include what would be much higher losses to banks who packaged the mortgage securities, who are forced to repurchase them by burned investors.
Banks are doing their best to minimize the appearance of scandal, but the scope of potential losses from outright fraud is quite clearly a threat to the viability of the financial system. It's easy to imagine a disaster scenario in which the government has no choice but to take major action to prevent the economy from imploding (yes, it can actually get worse).
Obama needs to pick up the slack
So far, President Obama is sending mixed signals about his intentions. As Steve Benen notes for The Washington Monthly, Obama vetoed a bill that would have made it harder for borrowers to show that banks were engaging in fraud during the foreclosure process. That was on Friday-but by Sunday, top Obama adviser David Axelrod was telling the press that the administration was not ready to support a foreclosure moratorium, dismissing the fraud crisis as a set of "mistakes" with lender "paperwork."
As I note for AlterNet, Axelrod's comments are a complete mischaracterization of what's going on in the foreclosure process, and of what can be done. The housing market is a mess because banks have been systematically committing fraud. We cannot rely on such fraudsters to fix the mess-- some kind of government action is going to be necessary. Whatever the solution, the administration cannot stand with big Wall Street banks against the borrowers and investors that are being defrauded. Any solution must take the interest of troubled borrowers as paramount. We've already tried saving the banks without saving homeowners, and as the unfolding foreclosure fraud crisis illustrates, it didn't work.
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.
More than two years after the collapse of Bear Stearns, the House and Senate finally ironed out their differences on Wall Street reform in the wee, small hours of Friday morning. The bill now goes back to both the House and Senate for final approval, but it's fate in the Senate is uncertain following the defection of Tea Party Sen. Scott Brown (R-MA).
Coal consumption has costs - this week's explosion at a West Virginia mine, which killed 25, made that clear. Those costs aren't limited to human lives, either. Massey Energy Co., the owner of the West Virginia mine, has racked up not just safety violations but also consistently has disregarded the environmental effects of its work.
Black marks on Massey's record
This week's explosion is far from the first debacle associated with a Massey project, and past incidents have had disastrous impacts on the environment. In 2000, a break in a Massey-owned reservoir, filled with coal waste, caused more damage than the Exxon Valdez spill, Steve Benen writes at The Washington Monthly. Clara Bingham described the flood of sludge for the magazine in 2005:
"The gooey mixture of black water and coal tailings traveled downstream through Coldwater and Wolf creeks, and later through the river's main stem, Tug Fork. Ten days later, an inky plume appeared in the Ohio River. On its 75-mile path of destruction, the sludge obliterated wildlife, killed 1.6 million fish, ransacked property, washed away roads and bridges, and contaminated the water systems of 27,623 people."
A year later, another 30,000 gallons of sludge poured into a river in Madison, WV, "with nary a peep from Massey," Kevin Connor points out at AlterNet.
"Between 2000 and 2006, Massey violated the Clean Water Act more than 4,500 times by dumping sediment and leftover mining waste into rivers in Kentucky and West Virginia, the EPA said in 2008. (Environmental groups say the EPA's tally is a lowball figure; they estimate that the true number of violations is more than 12,000.) As a result of these breaches of the law, the company agreed to pay the EPA a $20 million settlement."
It appears that prior spills have not chastened Massey, either. Brooke Jarvis at Yes! Magazine notes that the company stores 8.2 billion gallons of coal sludge in the same West Virginia county suffering from this week's explosion, and that two months ago, "West Virginia's Department of Environmental Protection issued a notice of violation because the dam failed to meet safety requirements."
Don Blankenship, denier!
Massey's owner, Don Blankenship, has as dark a record as his company on environmental issues. Blankenship believes in the "survival of the most productive," Mike Lillis writes at The Washington Independent, which means that safety and environmental concerns come second. He "loves to slam 'greeniacs' for believing in things like climate change," says Nick Baumann at Mother Jones. The Colorado Independent's David O. Williams calls Blankenship "a notorious right-wing climate change denier and outspoken critic of the policies of 'Obama bin Laden,'" and notes that Blankenship is on the board of the U.S. Chamber of Commerce, which has tried its hardest to squelch any climate legislation eking through Congress.
Methane and mountaintop removal
Although Massey and Blankenship stand out for their scorn of the environment, all coal production extracts a cost. Accidents and violations like Massey's can devastate forests and streams, but coal's biggest environmental impact comes when it is burned and pours tons of carbon dioxide into the atmosphere. As Yes! Magazine's Jarvis puts it, "Coal may be cheap now, but that's simply because we're not counting-and don't even know how to count-the long-term costs."
The Obama administration has taken some steps towards limiting coal production. Last week the EPA announced restrictions that would limit mountaintop removal mining. But those regulations won't ban the practice altogether. The Senate could, in theory, take up that task: Sen. Ben Cardin (D-MD) and Sen. Lamar Alexander (R-TN) introduced a bill a year ago that would make mountaintop removal mining so expensive it would be economically infeasible, effectively banning the practice, Mike Lillis reports for The Washington Independent. Although the bill accrued a few more sponsors during 2009, mostly liberal Democrats like Sen. Dianne Feinstein (D-CA) and Sen. Frank Lautenberg (D-NJ), it hasn't attracted much attention and is still sitting in the Environment and Public Works Committee.
In the Mountain West, the Bureau of Land Management is opening up federal lands for coal mining and claiming it can't require companies to flare off or capture methane, a greenhouse gas 20 times more potent than carbon dioxide, David O. Williams reports for The Colorado Independent. Without methane capture, the new mines would pour carbon pollution into the atmosphere. This BLM stance, Williams writes, has green advocates in Colorado "longingly reminiscing about the bygone days of the Bush administration," which said it would require companies to manage methane.
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Next week, the debate over financial reform will begin in earnest when Congress returns from its Easter break. Both political parties are gearing up for a major fight, and the stakes couldn't be higher. An out-of-control banking sector has cost the economy over 7 million jobs since 2007, and without major reforms, Wall Street could repeat this disaster in just a few years' time. But thanks to Wall Street's lobbying might, all of the necessary reforms are currently in jeopardy.
Key Reforms
Writing for The Nation, Christopher Hayes offers a useful primer on financial regulation, highlighting three reforms that are crucial to any bill.
With no effective regulation of consumer protection issues for years, the existing banking regulators were more focused on preserving bank profitability than on going to bat for ordinary citizens. If banks could make big profits with unfair gimmicks (or even fraud), regulators usually looked the other way. The solution is a strong, independent Consumer Financial Protection Agency (CFPA) charged with nothing but protecting consumers from banker abuses, an agency with the broad authority to both write rules and enforce them.
We need to rein in the $300 trillion market for derivatives, the complex financial contracts brought down AIG. Unlike ordinary stocks and bonds, derivatives are not traded on exchanges, so nobody really knows what is going on in this tremendous market. When something goes wrong, like with the collapse of Lehman Brothers, nobody can tell who the problem will effect. Without information, markets panic, and the entire financial system can collapse within a matter of days. Fortunately, this problem has a simple solution: require all derivatives to be traded on exchanges.
Too-big-to-fail is too big to exist. The U.S. has never had banks as large as those that exist today, and their size gives them enormous political clout. It's part of the reason why regulators didn't make banks obey consumer protection laws, and why banks have been so effective in derailing reform. It's been almost two years since the Big Crash, yet we are still wrangling over reform because giant banks deploy giant lobbying teams, and have almost unlimited resources to devote to their lobbying efforts. If we can't scale back the banks' power by breaking them up into smaller institutions, it's unlikely that other reforms will be effective.
As Margaret Dorfman emphasizes for American Forum, a strong CFPA would help protect small businesses, since a huge proportion of them are financed with credit cards and home equity loans (Dorfman is CEO of the U.S. Women's Chamber of Commerce, an advocacy group for women that should not be confused with the U.S. Chamber of Commerce-a nasty lobbying front for a few hundred high-flying executives). As Dorfman notes, small businesses are where most new jobs come from-- if a regulator can ensure that these businesses are not pushed around by abusive banks, they can help repair our jobs.
Unfortunately, all three reforms are in real jeopardy as the bill moves to the Senate floor for a vote, as Simon Johnson notes in his Baseline Scenario blog carried at AlterNet. Senate Banking Committee Chairman Chris Dodd (D-CT) hasn't included any language on breaking up the banks, he has significantly watered down the CFPA proposal President Obama put forward, and derivatives reform was almost entirely gutted in the House.
What's at stake
So what's at stake? For some perspective, consider last week's jobs report. As Steve Benen notes for The Washington Monthly, the U.S. economy added 160,000 jobs in March, the first significant monthly gain since the start of the recession, and the best jobs report in three years. But while it's good to see the economy actually adding jobs, at the March rate, it would take more than three-and-a-half years to win back the 7 million jobs lost since 2007.
This jobs disaster was not caused by faceless and unpreventable forces-it was the direct result of a reckless and unregulated banking system. Without major reforms, banks will always have this economic leverage when that recklessness overpowers them: bail us out, or watch your economy collapse.
This is an issue of basic democratic fairness, as Noam Chomsky explains for In These Times. Wall Street has purchased the right to bend public policy to anything that benefits banks-the rest of society is not their concern. The bailouts of 2008 and 2009 make that clear. After wrecking the economy to enrich themselves, bank executives then looted the public coffers with the threat of still further economic havoc.
And the political clout of America's largest banks insulates them from criticism when they profit from abuses-particularly when those activities don't spark wider economic crises. As Andy Kroll highlights for Mother Jones, J.P. Morgan Chase is currently making a killing by financing mountaintop removal mining (MTR). MTR is an ecological nightmare-literally a bombing campaign in which entire mountains in Appalachia are destroyed to make way for cheap coal. That's meant billions in profits for J.P. Morgan, and an environmental catastrophe for the United States.
Obama and Congress have a choice. They can play financial reform for campaign contributions, pushing a watered-down bill that will function as a set of reforms-in-name-only. Alternatively, they can do their jobs, confront a dangerous financial oligarchy head-on, and help build an economy that works for everyone.
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.
While President Obama signed the final piece of the health care reform bill into law on Tuesday, opponents are not taking the defeat lying down. This week's prize for the most bizarre objection to health care reform goes to Glenn Beck's guest host Doc Thompson who alleged that a tax on tanning salons is racist. Andy Kroll of Mother Jonesexplains:
Filling in for Glenn Beck on his radio show, conservative radio host Doc Thompson recently made the stunningly outrageous claim that a tax on indoor tanning salons, as included in the health care reform bill, is racist. Such a tax, Thompson claimed, discriminates against "all light-skinned Americans" because only white-skinned Americans use tanning salons. Never mind the deadly effect tanning beds and the like have on your skin and health, nor the fact that the tax would generate $2.7 billion over ten years to help pay for health care. No, that couldn't have anything to do with why the tax was included in the health care bill.
Governors vs. AGs
Christina Bellantoni of TPM Election Central reports that various Republican state attorneys general are clashing with their Democratic governors over plans to challenge health care reform in court. When Michigan Attorney General Mike Cox (R) joined an anti-reform lawsuit, Gov. Jennifer Granholm (D) reminded everyone that "no one in the executive branch has authorized [Cox] to take this position." The lawsuits are a good way to grab media attention, but Cox and his fellow AGs may end up with egg on their faces if these challenges actually go to court.
Reform and the Constitution
Some anti-reform activists allege that health care reform is unconstitutional because the government doesn't have the right to force people to carry health insurance (aka the "individual mandate"). On, The Breakdown podcast, Chris Hayes of the Nation interviews Gillian Metzger a professor of constitutional law at Columbia who explains why the constitutionality of health care reform is "pretty much a no-brainer." Another Nation contributor, Aziz Huq, puts it this way: "Among constitutional scholars, the puzzle is not how the federal government can defend the new law, but why anyone thinks a constitutional challenge is even worth making."
SEIU Sues Dissident Local
Speaking of lawsuits, Carl Finamore of Working In These Times is covering a major court battle in California between two large health care unions. The 1.8 million-member Service Employees International Union is suing the former elected officers, staff and organizers of its third-largest national affiliate, United Healthcare Workers-West (UHW). The 26 defendants defected from SEIU to form a new union, National Union of Healthcare Workers (NUHW), which is also being sued. The conflict started a few years ago when national SEIU decided to remove 65,000 health care workers from a UHW local without the local's consent. Finamore sees this lawsuit as a test of the principle of local self-governance: can SEIU sue a dissident local into submission?
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
One year after President Barack Obama secured passage of his critical economic stimulus package, the U.S. Senate is finally taking anther look at how to create jobs and repair the economy. These issues are more important than ever, but absurd Republican obstructionism and timid Democratic negotiation are once again threatening good public policy.
Not really bipartisan, is it?
As Steve Benen notes for The Washington Monthly, the Senate Finance Committee reached a "bipartisan" agreement to supposedly spur job creation last week. Republicans demanded billions in tax cuts for wealthy people, but kept on caterwauling about the federal budget deficit. In exchange for $80 billion to dedicate to jobs-an extremely modest figure given the state of the labor market-Republicans asked for hundreds of billions in giveaways for the rich. And that's just to get the bill through the Finance Committee, much less the full Senate.
In a piece for Working In These Times, Michelle Chen notes that Senate Majority Leader Harry Reid pulled the plug on the Finance Committee "compromise," but stripped out a critical extension of unemployment benefits for laid-off workers in the process.
The Republican uproar over such modest job figures is an economically preposterous political ploy, and Democratic cave-ins to their demands are both bad politics and bad economics. Chen notes that 70% of Americans support a $100 billion jobs bill. And we know what kinds of programs help spur employment-many of them were passed in the stimulus bill last year and have saved millions of jobs.
Stopping the Bleeding
In an interview with Christopher Hayes of The Nation, Economic Policy Institute Fellow Josh Bivens explains that Obama's economic stimulus package has worked well, effectively stopping the job hemorrhaging that the economy was experiencing immediately before Obama took office. Here's Bivens:
"We haven't returned to growth on employment ... but the rate of contraction has slowed radically. Immediately before the Recovery Act is passed, we're losing on the order of 700,000 jobs per month ... In the past three months, we're now down to something like between 50 and 75,000 jobs lost per month, on average ... it really is a stark before and after."
Racial inequality and the recession
The trouble is, the stimulus was only big enough to prevent the economy from getting much worse. It was not large enough to return the economy to serious job growth. And the brutal effects of the recession are not being shouldered equally. As LinkTV's collaboration with ColorLines illustrates (video below), the Great Recession is hitting people of color much harder, but the story of racial inequality is being lost in stories about statistical economic recovery in the financial sector. The special profiles several families of color struggling to make ends meet in the worst recession since the Great Depression, which features Depression-era unemployment rates for African Americans.
"What we don't see on TV are the [people] who never had a home or a good job to lose in the first place. These are the millions of poor people whose chance to cross the line into middle class has always been cut short by another kind of line, the color line," says host Chris Rabb, founder of Afro-Netizen.
Rabb, ColorLines and LinkTV describe a social safety net that has been shredded by opportunistic politicians. Instead of focusing on ways to guarantee good jobs, politicians since the Reagan era have demonized black single mothers by exploiting racist stereotypes in an effort to justify slashing federal supports for the poor and unemployed. The result is a fundamentally unstable economy. Our society has weak demand for goods and services in good times, and that demand completely falls apart when economic conditions deteriorate. And while these socially destructive initiatives have been described as "pro-business," the truth is, businesses don't like societies where millions of people are impoverished. They don't have any customers.
Predatory lending strikes again
The recession hasn't exactly been a picnic for the middle class, either. In an article for Mother Jones, Andy Kroll profiles the mortgage mess that Ocwen Loan Servicing created for borrower Deanna Walters. Unlike millions of other borrowers dealing with mortgage headaches, Walters wasn't actually behind on her payments. She was making payments regularly, but Ocwen was misplacing them, and charging her thousands of dollars in improper fees. Walters even paid the fees, but Ocwen eventually foreclosed on her home and sold it in an auction without even informing Walters.
As Kroll emphasizes, Ocwen's antics aren't unique. There is an entire class of companies known as mortgage servicers that specialize in deceiving and bullying borrowers out of their money. They often use illegal tactics, and as I note for AlterNet, have been systematically exploiting a badly designed foreclosure relief program from the U.S. Treasury Department.
Funding projects that will put people to work
As prominent economist Dean Baker argues for The American Prospect, there are dozens of productive programs that would put millions of people back to work-if they could just get the funding. The government could quickly and easily provide money to improve public transportation, develop open-source software, fund objective clinical drug trials and (my favorite) support writers and artists, whose work would subsequently be available for the public to enjoy for free.
Taxing financial speculation
The federal government can afford these programs right now, especially without any additional tax revenue. But if we're really worried about the budget deficit, we can always turn to reasonable new sources for taxes. As Sarah Anderson details for Yes!, an obvious place to look is financial speculation. Since excessive and risky trading helped bring down the economy in 2008, a tax discouraging this behavior could make the economy stronger and reap as much as $175 billion a year for the public.
Our economy wouldn't face troubles of the same order as those it must overcome today if so-called conservatives had not spend decades pursuing a radical agenda to shred the social safety net. The stimulus package has not spurred job growth to date because of cuts demanded by Congressional Republicans, nearly all of whom refused to vote for the bill anyway. Our economy needs a jobs bill now. It'd be nice if Republicans would show some interest in governing, but if they continue to refuse, Democrats must act on their own.
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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