Americans learned two new truths last week from the Bush
Administration's version of Life's Little Instruction Book:
if you're a Wall Street miscreant you're thrown a lifeline;
if you're a Wall Street crime fighter you're thrown a land
mine.
In the first effort, the Feds effectively handed a Federal
Reserve ATM card to JPMorgan to funnel your tax dollars to
the teetering Bear Stearns brokerage firm to address counterparty
risks that have been building for at least 4 years as the
Feds snoozed. Counterparty risk is the trillions of dollars
of insurance contracts (credit default swaps and other derivatives)
taken out by Wall Street firms on each others (counterparty)
bonds, bundled mortgage and commercial debt (collateralized
debt obligations). The firms have used unregulated over-the-counter
contracts to perform this risk transfer alchemy and funded
their own company, Markit Group Ltd., to take the place of
a regulated exchange for price discovery.
In the second effort, the Feds tapped the Department of Justice,
Internal Revenue Service, U.S. Attorney's office in New York,
FBI, five federal judges and a busy federal court to root
out that Code Red threat to our national security: consensual
sex. The sex involved a prostitution ring and Democratic New
York State Governor, Eliot Spitzer, who was savaged and forced
to step down by an avenging media mob abundantly fed with
well placed leaks from a suspiciously homogenous group called
"anonymous law enforcement officials." Governor
Spitzer, in his former role as New York State Attorney General,
had taken the lead in rooting out Wall Street crimes against
small investors because the Federal Reserve was preoccupied
with lobbying to remove regulations on Wall Street's crime
factory.
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As usual, the Feds handed the bill to the governed with no
thought to the will of the governed.
While mainstream media called the Bear Stearns bailout the
first brokerage bailout since the Great Depression, in truth
it was the second in seven months.
The first brokerage bailout came without all the media fanfare
because it arrived not on the wings of a public announcement
but in five pages of indecipherable Fed jargon addressed to
the General Counsel of Citigroup.
Here is the effective message sent by the Federal Reserve
to Citigroup in its letter of August 20, 2007: now that we
have allowed you to become both too big to fail and too big
to bail by repealing the depression era investor-protection
law known as the Glass-Steagall Act at your mere beckoning,
we have to bend more rules to keep you afloat. So, for example,
the rule that says the Federal Reserve is not allowed to lend
to brokerages, just banks, from its discount window can be
tweaked for you by lending up to $25 billion to you and then
we'll let you lend it to your brokerage arm. The Federal Reserve
Act rule that says a bank can't loan more than 10% of its
capital stock and surplus to its brokerage affiliate, we'll
let you go as high as about 30% and say it's in the public
interest.
By giving Citigroup an exemption from Rule 23A of the Federal
Reserve Act, by allowing it to funnel up to $25 Billion from
the Fed's discount window to its brokerage clients who were
getting hit with margin calls, the Federal Reserve and Chairman
Ben Bernanke telegraphed an incredibly dangerous message to
global markets: we're just as unaccountable as Wall Street.
The Federal Reserve as enabler under Alan Greenspan created
today's problem and today's Crony Fed under Ben Bernanke is
killing off what's left of U.S. financial credibility. (I
had barely finished typing these words on Monday, March 17,
2008, when a news alert came across my screen advising that
the Federal Reserve was taking the breathtaking step of making
direct loans to all brokerage firms which are primary dealers
for Treasury securities.)
The Federal Reserve is stumbling around in the dark and regularly
bumping into the next bailout because it stopped being an
independent monetary force and started taking its marching
orders from Wall Street quite some time ago.
Here's what Nancy Millar, President at the time of the National
Organization for Women in New York City, presciently testified
in writing to the Securities and Exchange Commission in August
2001. (Ms. Millar edited and signed this testimony while I
and other Wall Street activists provided input. This testimony
is available in full on the SEC's web site.)