Category: Justice

Not Just AIG, But the Entire Financial System

Seriously, this New York Times article on AIG, is a quick and layman accessible recounting of what went wrong there, and now that the Taxpayer is laying out another $30 to prop them up, with the approval of the ratings agencies who made this problem possible in the first place, it bears reading.

What we see is a metaphor for the entire rotten “Anglo-Saxon” system of unregulated hyper-capitalism.

AIG does not exist any more, what’s there is a simulacrum of a going business, fueled by zombie juice amounting to over $150 billion of taxpayer dollars, with the promise of more federal support, but that’s not the important part.

The important thing is are not just talking recklessness and incompetence here, we are talk real and deliberate crimes, and even now the authorities don’t have the slightest inclination to prosecute.

What took AIG down was a division that wrote credit default swaps (CDS), lots of them, and then, when they came due, they were bankrupt.

A CDS is a piece of paper that allowed them to insure all sorts of dodgy documents, but lacked the regulation, and the reserve capital requirements, of real insurance.

They wrote them because people were willing to pay them to write them, and people were willing to pay them because it allowed them to “lease” AIG’s AAA rating (see the ratings agencies linked above) for their financial instruments.

The result is that if AIG is allowed to die, instead of remaining in its undead state, everything blows up:

…. Yet the government feels it has no choice: because of A.I.G.’s dubious business practices during the housing bubble it pretty much has the world’s financial system by the throat.

If we let A.I.G. fail, said Seamus P. McMahon, a banking expert at Booz & Company, other institutions, including pension funds and American and European banks “will face their own capital and liquidity crisis, and we could have a domino effect.” A bailout of A.I.G. is really a bailout of its trading partners — which essentially constitutes the entire Western banking system.

I don’t doubt this bit of conventional wisdom; after the calamity that followed the fall of Lehman Brothers, which was far less enmeshed in the global financial system than A.I.G., who would dare allow the world’s biggest insurer to fail? Who would want to take that risk? But that doesn’t mean we should feel resigned about what is happening at A.I.G. In fact, we should be furious. More than even Citi or Merrill, A.I.G. is ground zero for the practices that led the financial system to ruin.

“They were the worst of them all,” said Frank Partnoy, a law professor at the University of San Diego and a derivatives expert. Mr. Vickrey of Gradient Analytics said, “It was extreme hubris, fueled by greed.” Other firms used many of the same shady techniques as A.I.G., but none did them on such a broad scale and with such utter recklessness. And yet — and this is the part that should make your blood boil — the company is being kept alive precisely because it behaved so badly.

They fail because if AIG fails, then their CDS contracts are worthless, and they have to account for their assets at their actual value, and overnight they become insolvent.

So, AIG is Sheriff Bart from Blazing Saddles, holding the gun to his own head, saying, “Hold it! Next man makes a move, the n***** gets it!”

Of course, this isn’t criminality (though it should be), this is Republican economics, privatizing the profits while socializing the losses.

The criminality is further down in the article:

….A.I.G. didn’t specialize in pooling subprime mortgages into securities. Instead, it sold credit-default swaps.

….But it also saw the fees as risk-free money; surely it would never have to actually pay up. Like everyone else on Wall Street, A.I.G. operated on the belief that the underlying assets — housing — could only go up in price.

That foolhardy belief, in turn, led A.I.G. to commit several other stupid mistakes. When a company insures against, say, floods or earthquakes, it has to put money in reserve in case a flood happens. That’s why, as a rule, insurance companies are usually overcapitalized, with low debt ratios. But because credit-default swaps were not regulated, and were not even categorized as a traditional insurance product, A.I.G. didn’t have to put anything aside for losses. And it didn’t. Its leverage was more akin to an investment bank than an insurance company. So when housing prices started falling, and losses started piling up, it had no way to pay them off. Not understanding the real risk, the company grievously mispriced it.

(emphasis mine)

So they sold insurance, and never had any intention on paying off, because if they had, and remember that AIG is (was) at its core an insurance company, even absent regulatory demands, they would have put aside something in the way of capital reserves.

This is the same as selling phony stocks. AIG, or more at least its everyone in a position of responsibility in its financial practices unit in London, where the swaps were written and sold, and everyone involved in supervising these activities, up to and including the CEO, and probably the board of directors, knowingly sold a fraudulent product.

John Thain, Ken Lewis, and A Subpoena

Well, it appears that Thain has told investigators that Bank of America CEO Ken Lewis knew of the bonuses that he rushed through just before the merger, but he was prohibited from discussing it any further by BoA, absent a subpoena, so New York Attorney General Cuomo accommodate him, and got a court order.

So now Thain has provided details on all Merrill Lynch bonuses, though this information is still under seal with the court, ostensibly to deal with confidentiality issues.

I understand where Thain is coming from. If he testifies under the compulsion of a subpoena, then he is not liable for anything that he says, he is indemnified, even if would otherwise violate a NDA or other severence package.

It appears, though it is by no means certain, that Lewis, or his agents instructed Thain not to talk, which would appear to be obstruction of justice.

This should get interesting, as Cuomo has subpoenaed Lewis as well, and given that Thain’s testimony is under seal, significant discrepancies might lead to legal problems for him.

But I’m an engineer, not a lawyer, dammit!*

*I LOVE IT when I get to go all Doctor McCoy!!!

Hopefully Jail, Absent That, Disbarment

Newsweek has gotten reports that the report from the Office of Professional Responsibility (OPR) of the Department of Justice on the legal opinions of Jay Bybee, John Yoo, and Steven Bradbury is a strong condemnation of their legal reasoning.

Among other things, it looks like, “the report could be forwarded to state bar associations for possible disciplinary action.”

They pursued criminal charges against lawyers and judges in the Nuremberg trials, and they should do so here.

About Fracking Time

I’m shocked, shocked to find that gambling is going on here!

I am not surprised that H1B visas are being used to undercut wages of citizens and green card holders, but I am shocked that we are seeing raids and indictments on employers who engage in this practice.

Even more surprising is the fact that the prosecutors appear to be unloading some big guns against these folks:

The arrests were carried out by federal, state and local agents working in Iowa, California, Massachusetts, Texas, Pennsylvania, Kentucky and New Jersey. The government’s action “is the result of an extensive, ongoing investigation into suspected H-1B visa fraud, mail fraud and conspiracy,” said Matthew Whitaker, the U.S. attorney for the Southern District of Iowa, in a statement. The investigation was dubbed Operation Pacific Vision.

(emphasis mine)

So we are seeing both arrests and felony indictments.

It appears that the investigation centers on the borker (temp firm) Vision Systems, who placed people in high cost areas like New Jersey, but used the prevailing wage of its headquarters in Iowa.

It’s a start. Better would be an H1B application fee high enough that it would remove the economic incentive.

This is a Natural Result of Private Prisons

We now know that hundreds, perhaps thousands of children were sent to private juvenile detention facilities because the judges got kickbacks, more than 2.6 million dollars, from the operator of two private facilities.

The judges in question, Mark A. Ciavarella Jr. and Michael T. Conahan have pled guilty, with a recommendation from the prosecutors for a term of 87 months.

It should be 87 years.

The particulars are an indictment of our culture of privatization of government services:

With Judge Conahan serving as president judge in control of the budget and Judge Ciavarella overseeing the juvenile courts, they set the kickback scheme in motion in December 2002, the authorities said.

They shut down the county-run juvenile detention center, arguing that it was in poor condition, the authorities said, and maintained that the county had no choice but to send detained juveniles to the newly built private detention centers.

So, private players get into the system, pay off the right people, and these people shut down the government run facilities, and take kick-backs.

It’s worth noting that these kick-backs are called “consultancy fees” when the IMF and the World Bank do this in 3rd world nations, and have frequently involved basic human needs like a municipal water supply.

It should be noted that Robert J. Powell, the owner of the two facilities involved, PA Child Care and Western PA Child Care, is claiming that he did not bribe anyone, but rather that he was shaken down by the judges:

Robert J. Powell co-owned PA Child Care and Western PA Child Care until June. His attorney, Mark Sheppard, said his client was the victim of an extortion scheme.

“Bob Powell never solicited a nickel from these judges and really was a victim of their demands,” he said. “These judges made it very plain to Mr. Powell that he was going to be required to pay certain monies.”

Let’s see, you build jails for kids, and then suddenly they shut down the existing facility, because they think that you might bribe them?

I don’t think so.

BTW, these folks might never have been caught, but for the fact that they were doling out favors to friends in arbitration awards, and the insurance companies cried “foul,” and got an investigation.

In any case, they are now reviewing thousands of cases, and the federal prosecutors have petitioned the court to expedite notification to the victims.

Interestingly enough, the thing that seems to be bothering me the most involves a person who is not going to jail:

At worst, Hillary Transue thought she might get a stern lecture when she appeared before a judge for building a spoof MySpace page mocking the assistant principal at her high school in Wilkes-Barre, Pa. She was a stellar student who had never been in trouble, and the page stated clearly at the bottom that it was just a joke.

Instead, the judge sentenced her to three months at a juvenile detention center on a charge of harassment.

Why is anyone who would criminalize a satirical MySpace page allowed anywhere near children?

Why is this person still employed? Why are the police officers and prosecutors who did not laugh him off, or better still throw him in jail for harassment?

There is so much wrong here, that I’m beyond ranting.

Americans Want Accountability for Bush Torture

Though, interestingly enough, USA Today runs with the lede of Most want inquiry into anti-terror tactics, while Gallup goes with No Mandate for Criminal Probes of Bush Administration.

38% want a criminal investigation, 24% want some sort of “truth and reconciliation” panel, and 34%, the “dead enders,” don’t want either.

Sounds like a mandate to me.

FWIW, the numbers for investigation Attorneygate and warrantless wiretapping are even more in favor of investigating the matters.

Truth Hits the Autism-Vaccine Wacko Community

Well, a couple of days ago, it was revealed that doctor Andrew Wakefield’s data on autism and vaccines were completely fraudulent, and now the federal vaccine court, which was largely created on the back of Wakefield’s myth, has ruled that there is no credible connections between vaccines and autism.

As to the court case:

The decision by three independent special masters is especially telling because the special court’s rules did not require plaintiffs to prove their cases with scientific certainty — all the parents needed to show was that a preponderance of the evidence, or “50 percent and a hair,” supported their claims. The vaccine court effectively said today that the thousands of pending claims represented by the three test cases are on extremely shaky ground.

In his ruling on one case, special master George Hastings said the parents of Michelle Cedillo — who had charged that a measles, mumps and rubella (MMR) vaccine caused their child to develop autism — had “been misled by physicians who are guilty, in my view, of gross medical misjudgment.”

Hastings said that he was deeply moved by the suffering autism imposed on families such as the Cedillos, but that “the evidence advanced by the petitioners has fallen far short of demonstrating . . . a link.”

As to the despicable Andrew Wakefield and his 1997 article in the Lancet, this is more than just bad science.

Wakefield, in the employ of vaccine litigation specialists, simply made up data:

The research was published in February 1998 in an article in The Lancet medical journal. It claimed that the families of eight out of 12 children attending a routine clinic at the hospital had blamed MMR for their autism, and said that problems came on within days of the jab. The team also claimed to have discovered a new inflammatory bowel disease underlying the children’s conditions.

However, our investigation, confirmed by evidence presented to the General Medical Council (GMC), reveals that: In most of the 12 cases, the children’s ailments as described in The Lancet were different from their hospital and GP records. Although the research paper claimed that problems came on within days of the jab, in only one case did medical records suggest this was true, and in many of the cases medical concerns had been raised before the children were vaccinated. Hospital pathologists, looking for inflammatory bowel disease, reported in the majority of cases that the gut was normal. This was then reviewed and the Lancet paper showed them as abnormal.

You can see my earlier posts on this here.

A Breath of Fresh Air for Drug Czar

Obama has selected Seattle Police Chief Gil Kerlikowske as the new drug czar and it appears that while he is 100% cop, and a heavy duty law enforcement guy, unlike previous heads of the ONDCP, he’s not an insane drug warrior.

People who are looking at a more humane policy in dealing with drugs are pleasantly surprised by his appointment, as are legalization groups.

Specifically, during his tenure as police chief, he actually followed a law, initiative 75, which specifically deprioritized marijuana enforcement,* and kept the police from harassing needle exchange programs, which helps reduce AIDS transmission.

He’s never going to be NORML’s man of the year, and he’s not going to call for legalizing weed, but he is remarkable improvement over the ‘war on drugs’ crowd that has done nothing but fill prisons with non-violent offenders.

*I-75 saw a decline in drug use as well.

Whiskey Tango Foxtrot!?!?!?!?

It appears that officials in the Department of Defense are denying Barack Obama access to information on Binyam Mohamed’s torture and abuse.

No, this isn’t a typo, someone in the DoD is refusing to turn over information to the President of the United States of America:

Clive Stafford Smith, the director of the legal charity Reprieve, which represents Ethiopian-born Binyam Mohamed, sent Obama evidence of what he called “truly mediaeval” abuse but substantial parts were blanked out so the president could not read it.

In the letter to the president [PDF] , Stafford Smith urges him to order the disclosure of the evidence.

Stafford Smith tells Obama he should be aware of the “bizarre reality” of the situation. “You, as commander in chief, are being denied access to material that would help prove that crimes have been committed by US personnel. This decision is being made by the very people who you command.”

It is understood US defence officials might have censored the evidence to protect the president from criminal liability or political embarrassment.

George Orwell and Franz Kafka are now spinning in their graves at sufficient velocity to power all of Belarus.

Classier Than George W. Bush

Chinese Premier Wen Jiabao, who after having a shoe thrown at him by Martin Jahnke, has, “requested British authorities dismiss charges against Jahnke and pardon him for his act of protest.”

Yes, the Chinese have the moral high ground over George W. Bush, who appears to think that the arrest, continued detention, torture, and threat of a long prison sentence against his shoe thrower, Muntazer al-Zaidi does not merit comment.

Genitals Sliced With a Scalpel; Irritating Liquids Poured in the Wounds

This is what is alleged to have happened to Binyam Mohamed, and the British courts expunged the reports, because of threats from US intelligence that they would stop cooperating with UK intelligence if the information were released, and the is arguing to continue the complete and absolute privilege that Bush and His Evil Minions insisted upon:

“Is there anything material that has happened” that might have caused the Justice Department to shift its views, asked Judge Mary M. Schroeder, an appointee of President Jimmy Carter, coyly referring to the recent election.

No, your honor,” Mr. Letter replied.

Judge Schroeder asked, “The change in administration has no bearing?”

Once more, he said, “No, Your Honor.” The position he was taking in court on behalf of the government had been “thoroughly vetted with the appropriate officials within the new administration,” and “these are the authorized positions,” he said.

(emphasis mine)

I Barack Obama decided that since he’s so awesome, we should just trust him.

We also have graphic depictions of what was done to the man (from the 2nd link):

The court papers describe horrific treatment in secret prisons. Mr. Mohamed claimed that during his detention in Morocco, “he was routinely beaten, suffering broken bones and, on occasion, loss of consciousness. His clothes were cut off with a scalpel and the same scalpel was then used to make incisions on his body, including his penis. A hot stinging liquid was then poured into open wounds on his penis where he had been cut. He was frequently threatened with rape, electrocution and death.”

(again, emphasis mine)

Note that the precedent here, US v. Reynolds, is in fact based on a lie. There were no state secrets involved, the B-29 which crashed was not, as was claimed, on a secret mission or testing secret equipment.

They claimed privilege because the report indicated that the aircraft was in poor condition because of inadequate maintenance, and the USAF wanted it covered up. It was all a lie.

Zimbabwe Passes Power Sharing Law

Well the Zimbabwean parliament finally passed the constitutional amendments to enable a power-sharing government, though cabinet positions are still not set, and a number of MDC and human rights activists remain detained.

Governments in the west have softened their rhetoric, for a while, at least, but are maintaining the sanctions against Mugabe and senior ZANU-PF officials.

As to whether things are going to get better, the fact that Robert Mugabe’s wife just seized a farm, from a judge on Zimbzbwe’s high court….Damn….It takes stones to steal from a judge in broad daylight, so I’m not expecting things to turn better at any time soon.

In the meantime, Cholera is continuing it’s Zimbabwe concert tour, with the WHO saying that cases have broken 65,000.

I’m not sure if I am a realist, or a pessimist, but I don’t think that things are going to turn out well for the people of Zimbabwe.

British the United States on Wednesday of Threats to Conceal Torture

We now have a report that the UK government demanded that court proceedings detailing torture be suppressed because the United States on Wednesday was threatening to end intelligence cooperation if the details were releases:

Two senior British judges accused the United States on Wednesday of threatening to end intelligence cooperation if Britain released evidence about the alleged torture of a Guantanamo detainee.

The judges quoted lawyers for British Foreign Secretary David Miliband as saying the U.S. government, by reviewing intelligence cooperation, “could inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat still pertains.”

According to the ruling from High Court judges Lord Justice Thomas and Lord Justice Lloyd Jones, Miliband’s lawyers said the threat had existed for some time and was still in place under President Barack Obama’s administration.

(emphasis mine)

If you think that your behavior is egregious enough that you need to threaten allies to keep it away from public view, that’s a pretty good sign that you should not be doing it in the first place, and that you should be looking at criminal prosecution of the perpetrators.