I rarely will post someone
else's full opinion on these virtual pages because... well, hey - that's my job around here. But I did back in January on an quite excellent piece [
Jan 5, 2009: New York Times Opinion Piece by Lewis and Einhorn] (actually 2 pieces) entitled (a) '
The End of the Financial World as We Know It' and (b) '
How to Repair a Broken Financial World'
If you have never seen those pieces I highly recommend them. Frankly, what is sad is as we hear about "change" most of the issues in that article have not really changed... we've glossed these epic problems over by concentrating power in even fewer hands, whether in our financial oligarchs or now with our top regulator - yes, the one that was asleep at the wheel and who can be so dominated by 1 man (in this case Alan Greenspan) that an entire regulator's philosophical structure is altered... in this case "free markets solve everything".
I came upon another fantastic editorial this weekend in the New York Times by Sandy Lewis, and William Cohen entitled
The Economy is Still at the BrinkSandy B. Lewis, an organic farmer, founded SB Lewis & Co., a brokerage house. William D. Cohan, a contributing editor at Fortune and former Wall Street banker, is the author of “House of Cards: A Tale of Hubris and Wretched Excess on Wall Street.” Mr. Lewis, was convicted on federal charges of stock manipulation in 1989, pardoned by President Bill Clinton in 2001 and had his lifetime trading ban overturned by the Securities and Exchange Commission in 2006; documents relating to the case can be found at sblewis.net.
The title of the story is actually misleading in terms of the topic of the opinion piece -in general they pose some highly important questions more to the financial structure of what we have in this country, and why nothing is really changing. Seeing the direction of things the past 2 decades, these concerns will be summarily ignored - and we'll continue down our "Reverse Robin Hood" path of taking from the many to give to the few. As long as the stock market goes up, we'll say "the all knowing market approves" and "Main Street = Wall Street" so please don't raise a fuss... as long as your 401k goes up 11% this year it is right that your grandchildren are saddled with a few lifetimes of debt. Until the next fiscal emergency.
Readers I literally have a
que of 10+ articles I have not had time to get to, to post to the blog regarding what exactly the lobbyists (especially of the financial type) are getting away with. It is reaching the point of hilarity; I have an email folder bursting at the seams and trying to figure out which is the most egregious and hence worthy to post to the blog is a challenge in and of itself. Will it ever change? Nah.... since as peasants we lay prone and uninterested it only continues. Until one day we can no longer borrow at levels necessary to create 'prosperity' while maintaining this transfer of wealth game, I suppose it can keep going this way and maybe another 1 or 2 generations of our oligarchs can profit. I will keep repeating until I am blue in the face how this current episode is the biggest
swindle of all time - the transfer of debts from the private to the public. But as Doug Kass says, as investors we just have to keep ticking, make no moral judgements and try to profit from said swindling. But that doesn't mean we cannot blog about it ...
(as always - when I do any post that names political figures let me be clear, I am non partisan; I believe both parties are incredibly similar and doing an excellent job at destroying the country from the inside out)
I am going to cut and paste many portions of this opinion piece below but this is another one that deserves your full reading.
- WHETHER at a fund-raising dinner for wealthy supporters in Beverly Hills, or at an Air Force base in Nevada, or at Charlie Rose’s table in New York City, President Obama is conducting an all-out campaign to try to make us feel a whole lot better about the economy as quickly as possible. “It’s safe to say we have stepped back from the brink, that there is some calm that didn’t exist before,” he told donors at the Beverly Hilton Hotel late last month.
- Mr. Obama thinks that the way to revive the economy is to restore confidence in it. If the mood is right, the capital will flow. But this belief is dangerously misguided. We are sympathetic to the extraordinary challenge the president faces, but if we’ve learned anything at all two years into the worst financial crisis of our lifetimes, it is that a capital-markets system this dependent on public confidence is a shockingly inadequate foundation upon which to rest our economy.
- We have both spent large chunks of our lives working on Wall Street, absorbing its ethic and mores. We’re concerned that nothing has really been fixed. We’re doubly concerned that people appear to feel the worst of the storm is over — and in this, they are aided and abetted by a hugely popular and charismatic president and by the fact that the Dow has increased by 35 percent or so since Mr. Obama started to lay out his economic plans in March. But wishing for improvement and managing by the Dow’s swings are a fool’s game.
- The storm is not over, not by a long shot. Huge structural flaws remain in the architecture of our financial system, and many of the fixes that the Obama administration has proposed will do little to address them and may make them worse.
- We have come up with a set of questions meant to challenge a popular president, with vast majorities in Congress, to find the flaws in the system, to figure out what’s being done to fix them and to get to the truth about the difficulties we face as we set out to restore the proper functioning of our markets and our standing in the world.
- (1) Six months ago, nobody believed that our banking system was well designed, functioning smoothly or properly regulated — so why then are we so desperately anxious to restore that model as the status quo? Nearly every new program emanating these days from the Treasury Department — the Term Asset-Backed Securities Loan Facility, the Public Private Investment Program, the “stress tests” of major banks — appears to have been designed to either paper over or to prop up a system that has clearly failed.
- As a start, the best-compensated executives at the top of these big banks, hedge funds and private-equity firms should be treated like general partners of yore. If a firm takes prudent risks that pay off, this top layer of management should be well compensated. But if the risks these people take are imprudent and the losses grave, they should expect to lose their jobs. Instead of getting guaranteed salaries or huge bonuses, they should have the bulk of their net worth completely at risk for a long stretch of time — 10 years come to mind — for the decisions they make while in charge. This would go a long way toward re-aligning the interests of these firms with those of their shareholders and clients and the American people, who have been saddled with their risks and mistakes.
As readers who have been around a while know; I call the American system of public corporate compensation "heads we win; tails we still win" ... it is everywhere but in our financial system it was most egregious. There has been a completely dogmatic arguement each time these issues are brought up... and we sit with a completely broken corporate governance system (board of directors) as well. The good should be rewarded, the bad should not. Being fired or doing an awful job in the top reaches of corporate America gets you a lifestyle 98% can only dream of. [
May 2, 2009: WSJ - CEOs Need to Bring Investors Along for the Ride] [
Sep 27, 2008: Heads We Win, Tails We Win] [
Oct 4, 2008: Credit Crisis Sharpens Anger Over CEO Pay] [
Sep 17, 2008: Thain's Aides May Get $200M for Weeks of Work] [Oct 30, 2007:
You're Fired! Now Here is $160M to Help Ease the Pain]
- (2) Why is so much effort being put into propping up those at the top of the economic pyramid — the money-center banks, the insurance companies, the hedge funds and so forth — when during a period of deflation like the one we are in, any recovery will come only by restoring the confidence of the people down at the bottom of the pyramid?
To which I say, one must only look who pays for political campaign contributions; this question posed in the editorial is simply rhetorical... we know why.
- (3) Instead of promising the imminent return of good times, why isn’t Mr. Obama talking more about the importance of living within our means and not spending money we don’t have on things we don’t need? We used to be a frugal nation. The president should be talking about kicking our addictions to easy credit, to quick fixes and to a culture of more is better (and Congress’s new credit-card legislation, while perhaps eliminating some of the worst aspects of that industry, certainly didn’t send the right message about personal finance).
A national ethos of having it all and not having to pay for it is all I can figure out. Those who worry about such things are branded as "pessimists" and "against America". Those are the people who actually lay awake at night worried about the direction of it all. Those who ignore reality and only care about the benefit part of "Cost / Benefit" analysts are cheered. Apparently they must sleep well under the ignorance is bliss credo.
I actually do think Obama has occassionally said things about "living within our means" but then we go and spend another trillion here, or go buy another half trillion of mortgage backed securities with money we don't have. The only arguement we have is "we need to grow our way out of bad times so reckless spending is the way". I find that arguement as specious as "trickle down economics".
- (4) Why is the morphine drip still in the veins of the financial system? These trillions in profligate federal spending are intended to make us feel better again even though feeling pain, and dealing with it responsibly, would be healthier in the long run. It is time to stop rescuing the banks that got us into this mess. If that means more bank failures on a grander scale or the dismemberment of Citigroup, so be it. Depositors will be protected — up to $250,000 per account — but shareholders, creditors and, sadly, many employees will, for the long-term health of the system, need to feel the market’s wrath.
I could not agree more. If there is one thing to backstop it is all depositers money... other than that, the rest should of been allowed to fail as a "free market" would of punished the bad actors and rewarded the good. It does not matter what financial institution those monies were in; if the name was Bank of America, Citigroup, or Joe Schmoe's Local Thrift. As long as the money was "backstopped" nothing else needed to be. But then again, Joe Schmoe is not one of the top political contributers to both parties. So instead, Joe Schmoe's Local Thrift will not only not be rewarded for acting responsibility, he will be fighting the powerhouses, federally backstopped giants who want to take away his business. That sounds like a 'free market' to me.
- (5) Is there to be any limit on bailouts? We have now thrown money at the big banks, any number of regional ones, insurance companies, General Motors, Chrysler and state and local governments. Will we soon be bailing out Dartmouth, which just lost its AAA bond rating? Is there no room left for what the Austrian economist Joseph Schumpeter termed “creative destruction”? And what is the plan to get the American people out of all these equity stakes we now own and don’t want?
- Furthermore, for government leaders to decide who shall live and who shall die in an economic sense opens them up to legitimate charges of crony capitalism and favoritism. We will benefit in the long run from a return to market discipline.
Just repeat "We are not Japan" while you ignore this question...
- (6) Why isn’t the Obama administration working night and day to give the public a vastly increased amount of detailed information about what happens in financial markets? Ever since traders started disappearing from the floor of the New York Stock Exchange in the last decade of the 20th century, there has been less and less transparency about the price and volume of trades. The New York Stock Exchange really exists in name only, as computers execute a very large percentage of all trades, far away from any exchange.
How then would we be using Goldman Sachs to funnel US treasure into the markets at appropriate times to prop up the market? Oh snap - I did not just say that. (grassy knoll alert) I thought we were going to be "Google-izing" everything... heck we can't even get an audit of the most powerful organization on the planet. The "independent" Federal Reserve...
- As a result, there is little flow of information, and small investors are paying the price. The beneficiaries, no surprise, are the remains of the old Wall Street broker-dealers — now bank-holding companies like Goldman Sachs and Morgan Stanley (this is where I remind you that Wall Street = Main Street) — that can see in advance what their clients are interested in buying, and might trade the same stocks for their own accounts. Incredibly, despite the events of last fall, nearly every one of Wall Street’s proprietary trading desks can still take huge risks and then, if they get into trouble, head to the Federal Reserve for short-term rescue financing.
What part of Wall Street = Main Street did I not make clear. If that dogma does not work may I interest you in "If the stock market goes up, all is right in the world and the market clearly has made a judgement that the correct decisions have been made." Heck with everything done to protect the interest of the top honchos in the market, we should be up at S&P 2500.
- As for those impossibly complex securities that caused so much of the trouble — among them derivatives, credit-default swaps and asset-backed securities — the S.E.C. should have the power to make public all the documentation surrounding these weapons of mass financial destruction, including all data about the current costs of buying and selling them and the cash flow underlying them.
- (7) Why is the government still complicit in making the system ever less transparent, even when it comes to what should clearly be considered public information? For instance, it took more than a year for the Federal Reserve to disclose that it had agreed to pay BlackRock — the huge money manager that is 45 percent owned by Bank of America — and others $71 million in a no-bid contract to manage the $30 billion of toxic assets that JPMorgan did not want when it bought Bear Stearns in March 2008. And that is only one of the five contracts BlackRock has with the government as a result of this crisis — the nature of the other contracts remains secret.
What's a year among friends? Or secrets? See this is how it works - Americans have very short memories. Remember all that TARP outrage? Gone. Remember the AIG outrage? Done. Remember the transfer of taxpayer money at 100 cents on the dollar for AIG obligations to firms throughout the world? Not even mentioned. If you just delay things we lose interest. We are easily sated by nice words, green shoots, and a stock market that goes up. Then as we nap peacefully... content to watch our NFL Games and Jon & Kate Makes 8 - then you can go ahead and do your cute cronyism. Just wait us out - heck we got bored of Hurricane Katrina within half a year - we don't have the money to rebuild those neighborhoods. But we do have money for our oligarchs. Priorities.
- It was only a lawsuit filed by a watchdog group that convinced the Treasury to divulge details of former Secretary Henry Paulson’s October meeting with the chief executives of the 10 largest Wall Street firms to force them to take money from the Troubled Asset Relief Program.
- A lawsuit filed last November by Bloomberg News to force the Federal Reserve to reveal the details on more than $2 trillion in loans that went to banks including Citigroup and Goldman Sachs is still pending in federal court.
Shhh... a new era of transparency. Oh yes, and delays... see previous comments above.
- And what has become of the S.E.C.’s year-old investigation into who made short-dated, out-of-the-money bets in March 2008 hoping Bear Stearns would fail — bets that were suddenly worth millions of dollars when the company did collapse later that month?
Shhh, those guys are helping us with well placed dark pool futures orders at approriate time. So they made a few bucks betting against a rival imploding. Happens every week.... just watch options activity before almost any buyout (ppssssst - call buying surges)
- (8) Why hasn’t President Obama insisted on public hearings over what happened during this financial crisis? There may be a way to find out. There is much talk nowadays coming from top bankers — Lloyd Blankfein of Goldman Sachs, Jamie Dimon of JPMorganChase, John Mack of Morgan Stanley and even Ken Lewis of Bank of America — about seeing how quickly they can repay to the Treasury the TARP money Mr. Paulson forced on them. One precondition of their being allowed to repay the funds should be a requirement that each gives a public deposition and explains, under oath, what truly happened and why.
Oh my, quite probably the best idea of the decade. If this was the case, you can bet TARP money might never be repaid! :)
- Such a public hearing would be meant only to offer a truthful assessment of the errors in judgment made at each firm and to promote understanding, so that we — somehow — can avoid repeating the same mistakes again. It would not be about indictments.
It's really quite easy. When these were private partnerships they were run in responsible manner. Once they went public and took other people's money, levered it - and prospered (heads we win, tails we still win) either way - you can take whatever risks you want. Too big to fail after all.
To conclude...
- We are in one of those “generational revolutions” that Jefferson said were as important as anything else to the proper functioning of our democracy. We can no longer pretend that our collective behavior as a nation for the past 25 years has been worthy of us as a people. (yes we can! wait, where have I heard that?) Many of us hoped that Barack Obama’s election would redress the dire decline in our collective ethic. We are 139 days into his presidency, and while there is still plenty of hope that Mr. Obama will fulfill his mandate, his record on searching out the causes of the financial crisis has not been reassuring. He must do what is necessary to restore the American people’s — and the world’s — faith in American capitalism and in our nation. Answering our questions may help us get back on track. But time is wasting.
And with quetions like this you can see why every effort must be made to get this stock market as high as possible as quickly as possible. Because once the market has through price appreciation "said everything is ok" these type of questions can be briskly swept under the rug.
Well it was an enjoyable read; while not every point is completely spot on in my opinion... it stroked my intellectual curiousity. And with that, I do now take this blue pill, and quickly forget about it all, while looking forward to purchasing stock in increasing amount and doing my part to make sure all this is quickly behind us.