Category: regulation

What Atrios Said:

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When Atrios notes that Barack Obama had nearly complete freedom in designing the Home Affordable Modification Program. The money was allocated largely without strings, and he was free to do anything short of throwing it from a helicopter, or as he so pithily notes, “This program did not require President Snowe to sign off.

Still, as David Dayen at FDL notes, the program was designed to benefit banks and loan servicers, and in fact paid for the sort of foreclosure abuses and law-breaking at the expense of home owners in peril.

This is more than a policy failure, it is a deliberate betrayal of the basic ideals of liberalism, and an embrace of Bush/Cheney style crony capitalism.

If anything comes from the current foreclosure implosion, it will be in spite of the Obama administration, not because of it.

Economics Update

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The paradox of thrift continues

It’s jobless Thursday, and initial unemployment claims fell out of the 450K-485K sweet spot that they have been bouncing around in for most of the year. Initial claims fell by 11,000 to 445,000, better than forecast, with the 4-week moving average falling by 3,000 to 455,750, with continuing claims falling by 48,000 to 4.46 million, and emergency claims rising by 257K to 5.14 million.

So fewer people are losing work, but hiring has not picked, so overall unemployment has increased (257K – 48K – 11K = 198K more people collecting unemployment).

We also had good news on the retail front, with better than expected same store retail sales in September, though I am unclear how consumers are financing this, since wages are stagnant, and consumer credit fell in August. (See graph pr0n)

I guess that it could be that people took out their credit cards more in September, and that the conflicting figures are simply the result of month to month changes.

In Europe, both the Bank of England and the ECB held rates steady, and the BoE says that it will continue quantitative easing (printing money).

ECB bank president Jean-Claude Trichet went further full inflation idiot in statement to the press, tut-tutting other central banks easing moves, andstating that the ECB will be, “gradually phase out its non-standard liquidity measures.”

Yes, we are seeing more pronouncements from the pain caucus about austerity, and the most vocal of these folks, Tory PM David Cameron, has apparently succeeded in pushing UK house prices down by 3.6% in the month of September.

Note that I am not talking about a -3.6% annual rate, I am talking about a £6,000 drop in home prices in just that month. (!)
UK home prices -3.6% in a month (!)

Your Bank Foreclosure Fraud Update

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Alan Grayson connects the dots

The lede here has to be that the Ohio Attorney General has sued GMAC mortgage:

This is big news. I just got off a conference call with Richard Cordray, the Attorney General for the state of Ohio. He has filed a lawsuit in Lucas County (Toledo) Common Pleas Court against GMAC Mortgage and their parent company Ally Financial, in a suit which names Jeffrey Stephan, the infamous “robo-signer” who signed off on up to 10,000 foreclosures a month across the country with affidavits, without verifying the information in the foreclosure documents. The lawsuit alleges fraud on the part of GMAC, along with violations of the Ohio Consumer Sales Practices Act, in filing false affidavits to mislead the courts in what they describe as “hundreds” of Ohio foreclosure cases. And, the Attorney General is treating every single false affidavit filed in an Ohio court as a separate violation, with a fine of up to $25,000, plus additional restitution for the homeowner of an unspecified amount.

This is a major lawsuit, and as Cordray told reporters, “We’re at the beginning of this, not the middle or end, and we’ll see where it leads us.” For context, approximately 450,000 foreclosures have been filed in Ohio since 2005, and potentially all of them used this robo-signing process. At the outer edge of this, if every one of those foreclosure processes is seen as a single case of fraud, the fines for the entire lending industry would add up to $11.25 BILLION dollars, just in the state of Ohio, not including the extra restitution for homeowners.

Cordray is also requesting information from the other major lenders, and has moved for an injunction against GMC, so it looks like this snowball once he gets to discovery.

Additionally, we have more calls for investigations and a moratorium, with both Nancy Pelosi,the Republican Texas Attorney General Greg Abbott, and North Carolina Attorney General Roy Cooper raising concerns. (talk about the odd couple)

Congress has weighed in, sort of, with an unexpected vote in the Senate a week ago approving an electronic notary law which, at least according to Jennifer Brunner, the Ohio Secretary of State, increases the possibility of fraud by creating a credit card style race to the bottom in terms of legal standards.

This growing furor may explain one of the peculiarities of the property meltdown, why banks seem to favor foreclosures over short sales even when the former generate more money.

I was unaware of the fact, but the standards for titles are much lower in the event of a foreclosure sale:

If you know anyone in real estate, you have bumped into countless frustrated agents who were attempting to complete shortsales for their selller clients only to have the whole thing fall apart at the last moment and then they later see the same property go into foreclosure for LESS than what the pre-approved shortsale buyer had offered just weeks earlier. Why, why, why, they moan. Why would a bank or mortgage servicer take less than what they could have had?

Well, now I wonder if one potential answer doesn’t have something to do with the types of deeds that get conveyed in a foreclosure and the tie to title insurance. In foreclosures in many states the buyer obtains a specialized deed – a special warranty deed, or a bargain and sale deed which make fewer guarantees for the buyer than the general warranty deed which is transferred in a normal sale(which I believe a short sale still falls under)

………

Is it possible that the foreclosers realized it was in their best interest to abort short sales in favor of foreclosures in order to pass the more limited deeds conveyed in a foreclosure? Did that decision come back to haunt them once the entire foreclosure process itself became highly suspect and publicized? (There is already a large title insurer who is denying title insurance on some foreclosures.)

Of course, the real elephant in the room is that anyone who has gotten a mortgage in the past decade* is just as likely to have problems with their title.

Foreclosures do not create title problems, foreclosures merely reveal those problems.

This is going to be uglier than David Boehner in a thong.

*Full disclosure, like me.

Teabaggers Hate Puppies

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No, I’m serious. I’m not joking, and it’s not The Onion.

I mean that they have come out in favor of abusive puppy mills in Missouri.

Why are they doing this? Because puppies are just like cattle to Teabaggers, because, I guess, They Eat Puppies!!1!!

Again, really, I’m not joking:

A conservative group in Missouri is picking up the backing of the Tea Party and Joe The Plumber in its quest to stop the Humane Society of the United States (HSUS) and other animal rights groups from passing “radical” anti-puppy mill legislation.

………

The Alliance For Truth also has the support of some better-known conservative activists, like Joe ‘The Plumber’ Wurzelbacher, who wrote on the Alliance For Truth site that the HSUS is “cowardly hiding behind animal cruelty, lying to our citizens and taking our constitutional rights away – one state at a time.”

He continues:

This bill forces breeders to limit the number of dogs they can own – regardless of care. Think about this a minute . . . . Should the government have the right to limit the number of houses a realtor can sell? Or the number of cattle a rancher can raise?

To serve puppies, it’s a cookbook!!!!!

<Facepalm>

Economics Update

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There is a lot of news today, mostly in currency and international finance, but the lede, at least for a US focused post, which this is, is the Institute for Supply Management’s non-manufacturing index, well above forecast.

In international finance news, we are seeing central banks all over the world beginning to open the spigots again as they see the recovery sputtering.

We have the Bank of Japan engaging in another round of quantitative easing (printing money) by setting up a ¥5 trillion ($60 billion) fund to buy government and private bonds in order to keep interest rates at 0%, and Australia, one of the first countries whose central banks increased rates, has kept rates at 4.5%, surprising the experts who were expecting another rate hike.

Interestingly enough, currency has gone in the opposite direction expects from these actions, with the Australian Dollar approaching a 2-year high, and the US dollar fell.

Generally, interest rate surprises on the low side for other countries would drive the dollar up, but it appears that there is an expectation that the Fed will go heavily back into QE like the BoJ.

There is another potential blip on the horizon, as crude oil appears to be on an upswing again.

Warren Goes European

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In terms of drafting the rules for the Consumer Financial Protection Bureau, Elizabeth Warren has eschewed a rules based approach to regulating consumer credit, instead choosing to go with the principle based system of regulations favored by European regulators:

In her speech and in an interview earlier in the day, Warren said she hopes to take a more “principles-based approach” to regulation, rather than simply saddling companies with more of what she calls “thou shalt not” rules — which make for burdensome, costly compliance and which banks often start trying to skirt as soon as they are written

“Regulators can make more pronouncements from on high, identifying suspicious practices in the various markets and banning them. Or regulators can layer on more disclosure requirements,” Warren said in her remarks. “But neither restores customer trust.”

Rather, she said, “Let’s measure our success with simple questions” — Can customers understand a product? Do they know the risks? Can they easily figure out what it really costs?

To the degree that this will produce uncertainty for the banks, this is a good thing, because regulatory certainty has been used as a license to rape consumers.

I’m still waiting to see how Timothy “Eddie Haskell” Geithner manages to cut her legs out from under her on November 3, because it’s clear that consumer protection is the last thing that he wants.

Foreclosure Fraud Hits Prime Time

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Yesterday, we’ve had a New York Times editorial, and today, Getchem Morgenson hits their front page with a survey of “flawed paperwork” issues:

As some of the nation’s largest lenders have conceded that their foreclosure procedures might have been improperly handled, lawsuits have revealed myriad missteps in crucial documents.

It’s good that this story has hit the big time, but Ms. Morgenson is wrong. There were no flawed documents, this was deliberate fraud, and the dead tree media is behind the curve on this.

We are seeing Fitch making noises about downgrading mortgage servicers over this issue, and on the regulatory front the Connecticut Attorney General has placed a 60 day moratorium on foreclosures, so that paperwork can be reviewed, and the Comptroller of the Currency has ordered 7 of the larges banks to review their paperwork.

On the private side of the business, we are seeing title insurance companies refusing to write policies on foreclosures for some of these banks.

In terms of the irregularities that we are seeing:

If you think that the housing crash is bad, just wait until millions of foreclosed homes hit the market, and no one is willing to buy them, because the title is not clear, than the sh%$ really hits the fan.

My earlier post on the subject is here.

It’s Bank Failure Friday!!!!

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And here they are, ordered, and numbered for the year so far.

  1. Haven Trust Bank Florida, Ponte Vedra Beach, Fl
  2. North County Bank, Arlington, WA

Full FDIC list

It’s a 2 closure Friday again for banks, which these days qualifies as low key, but the credit union world was far more active, with NCUA taking 3 wholesale credit unions into receivership today, they are not showing up on the full NCUA list, which only covers retail institutions:

Nearly two years after Wall Street’s giants were rescued by the federal government, regulators on Friday took over three financial institutions that provide the underpinning for hundreds of the nation’s credit unions.

The three entities, known as wholesale credit unions and located in Connecticut, Illinois and Texas, were seized by regulators from the National Credit Union Administration, which supervises about 7,500 credit unions that provide basic banking services to millions of Americans. Most of those customers are linked to credit unions through their employers or through membership organizations.

Although the overwhelming majority of those credit unions are financially sound, some of the wholesale entities behind them have been hobbled by losses on subprime mortgage bonds and other complex investments. Of the 27 wholesale credit unions operating in the United States, five have been seized by regulators over the last 18 months.

…………

…Wholesale credit unions provide payment clearing and investment services to retail credit unions. They also give the retail credit unions a place to put their cash.

So there have been 14 retail credit unions closed, and 3, wholesale ones.

It’s going to be a bumpy ride.

So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, but I’m keeping it here for historical purposes.

White Spaces Passes FCC

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White Spaces at a Glance:
“A” can use 400 MHz without interfering with anyone

Which means that it’s now official, and any number of high speed wireless devices will be able to operate without a license in the spaces between TV channels:

The Federal Communications Commission today unanimously approved new rules for the use of unlicensed white space spectrum in a move that could pave the way for more unused wireless spectrum to be released in the future.

White space is unused spectrum that sits between TV channels. The 300MHz to 400MHz of unused spectrum is considered prime spectrum for offering wireless broadband services because it can travel long distances and penetrate through walls. The FCC unanimously agreed in November 2008 to open up this spectrum for unlicensed use. Even so, technical issues to allow device makers and service providers to use the spectrum still need to be worked out.

(emphasis mine)

The technical issues are a big deal, because, as the redoubtable Harold Feld notes, the devil is really in the details here, and the incumbent wireless providers want to require that devices ping themselves to death:

Right now, the rules require a Mode 2 (the ones that access the database directly) to ping the database every 24 hours. Mode 1 devices “listen” to Mode 2, according to the 2008 Order (which I understand means “get told when an actual change occurs). The broadcasters want the Mode 1 devices to ping the Mode 2s every 60 seconds and want Mode 2 to ping the database every 15 minutes, if not more frequently. Since television broadcast towers are big stationary things, not Ents marching on Isengard, one may ask why devices need to check more than once a day. In response, broadcasters explain that if some day some news team somewhere they might possibly be running down the street after some hot news lead if they ran into someone using a smart phone with white spaces capability it might, possibly, cause some sort of interference with the mobile news crew’s wireless microphone system.

At this time, it appears that they did not go with the ping of death regulations, nor did they require “Sense and Avoid” technology, which is purported to be both expensive and technically challenging.

One of the big things here is the geographical database: If the TV stations start making bogus claims of interference, we may end up with a situation where the coverage will be limited to remote rural areas.

Senators Ask the Right Question

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And the question is, “why aren’t the people who broke banking and our economy going to jail?”

Senators pressed investigators on a lack of prosecutions of top Wall Street executives in the wake of the most severe financial crisis since the Great Depression.

“I will say right now that I’m frustrated,” Sen. Edward Kaufman, a Delaware Democrat on the Judiciary Committee, said on Wednesday.

“We have seen very little in the way of senior officer or boardroom-level prosecutions of the people on Wall Street who brought this country to the brink of financial ruin. Why is that?”

The reason that there have been no prosecutions is because the the Cossacks work for the Czar, and the Czar, Obama, does not want the prosecutions, and instead wants to “look forward.”

The technical term for this is “cowardice reinforcing rewards for moral hazard.”

More Federal Reserve Kremlinology

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The FOMC met and issued its report, and their policy remained unchanged, though they did say that they might engage in more quantitative easing (printing money) because they believe that the economy may be trending down.

Basically, they won’t do anything this time around, but they might later, even though, “Measures of underlying inflation are currently at levels somewhat below those the Committee judges most consistent, over the longer run, with its mandate to promote maximum employment and price stability.”

So, unemployment is higher than their mandate allows, and inflation is lower than their mandate allows, and so they will do ……… nothing at all for now.

As Atrios so aptly noted, “The sociopaths at the Fed have spoken.” (Emphasis mine)

It’s the only way you can describe their behavior: They are essentially saying that we are in, or entering, a recessionary spiral, but doing their job is hard.

That being said, the US dollar weakened following the fed statement.

The full Fed statement is after the break:

Press Release
Federal Reserve Press Release

Release Date: September 21, 2010
For immediate release

Information received since the Federal Open Market Committee met in August indicates that the pace of recovery in output and employment has slowed in recent months. Household spending is increasing gradually, but remains constrained by high unemployment, modest income growth, lower housing wealth, and tight credit. Business spending on equipment and software is rising, though less rapidly than earlier in the year, while investment in nonresidential structures continues to be weak. Employers remain reluctant to add to payrolls. Housing starts are at a depressed level. Bank lending has continued to contract, but at a reduced rate in recent months. The Committee anticipates a gradual return to higher levels of resource utilization in a context of price stability, although the pace of economic recovery is likely to be modest in the near term.

Measures of underlying inflation are currently at levels somewhat below those the Committee judges most consistent, over the longer run, with its mandate to promote maximum employment and price stability. With substantial resource slack continuing to restrain cost pressures and longer-term inflation expectations stable, inflation is likely to remain subdued for some time before rising to levels the Committee considers consistent with its mandate.

The Committee will maintain the target range for the federal funds rate at 0 to 1/4 percent and continues to anticipate that economic conditions, including low rates of resource utilization, subdued inflation trends, and stable inflation expectations, are likely to warrant exceptionally low levels for the federal funds rate for an extended period. The Committee also will maintain its existing policy of reinvesting principal payments from its securities holdings.

The Committee will continue to monitor the economic outlook and financial developments and is prepared to provide additional accommodation if needed to support the economic recovery and to return inflation, over time, to levels consistent with its mandate.

Voting for the FOMC monetary policy action were: Ben S. Bernanke, Chairman; William C. Dudley, Vice Chairman; James Bullard; Elizabeth A. Duke; Sandra Pianalto; Eric S. Rosengren; Daniel K. Tarullo; and Kevin M. Warsh.

Voting against the policy was Thomas M. Hoenig, who judged that the economy continues to recover at a moderate pace. Accordingly, he believed that continuing to express the expectation of exceptionally low levels of the federal funds rate for an extended period was no longer warranted and will lead to future imbalances that undermine stable long-run growth. In addition, given economic and financial conditions, Mr. Hoenig did not believe that continuing to reinvest principal payments from its securities holdings was required to support the Committee’s policy objectives.

OK, Time to Freak Out

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A few days ago, Yves Smith noted that Wells Fargo has started to spring a last minute contract clause on its foreclosure sales that basically says if the property does not have a clear title, it’s your tough sh%$:

Yves here. Some readers may take this all to be unduly alarmist. But confirmation that this problem is real and potentially serious comes via a new “gotcha” practice by Wells Fargo on foreclosure sales. Wells is sufficiently concerned about the risks of selling properties out of foreclosure that it is springing an addendum on buyers, shortly before closing, which effectively shifts all risk for any title deficiency on to the buyer.

Now why is this a big deal? Go reread the boldfaced sentence above. [“Technically, the foreclosing bank has no recorded title rights to foreclose in the first place“] If a bank like Wells does not have the right to foreclose, it cannot have clean title to the property. So the bank could conceivably be selling something it does not own.

Let’s say you buy a vase from a store. You open the box when you get home and find out the box is empty. You’d clearly be within your rights to get your money back.

With the Wells Fargo addendum, even if the bank has sold you the equivalent of an empty box, you have no recourse to Wells. Zero. Zip. Nada.

So the banks realize that they are selling properties at auction that they do not own or hold the note on.

They want to clear their balance sheets, and they are now more than willing to engage in outright fraud to do so.

Well, it looks like it’s not just Wells Fargo who is freaking out about this, because GMAC has just suspended its foreclosures in 23 states based on similar concerns that the documentation was forged, though they claim that it will be resolved, “within the next few weeks”.

There are also rumors of a criminal investigation, while GMAC has denied any moratorium.

It appears that much of this has to do with the foreclosure mills law firms, largely based in Florida, most notably Watson, Shapiro & Fishman, and David J. Stern. (MoJo has a good tour of their business practices here)

Note also that Congressman Alan Grayson has written a letter too the Florida Supreme Court asking for an immediate suspension of foreclosures, because these firm are doing the paperwork on about 80% of the foreclosures in the state and have already been cited by a judge for blatant fraud.

There are a couple of issues here, the first is that in the mortgage mixmaster, title for a lot of properties may have been lost, and the second is that the law firms doing the paperwork are simply defrauding homeowners and the courts.

Grayson’s letter is after the break:

September 20, 2010

Chief Justice Charles T. Canady
Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1900

Dear Chief Justice Canady,

I am disturbed by the increasing reports of predatory ‘foreclosure mills’ in Florida. The New York Times and Mother Jones have both recently reported on the rampant and widespread practices of document fraud and forgery involved in mortgage assignments. My staff has spoken with multiple foreclosure specialists and attorneys in Florida who confirm these reports.

Three foreclosure mills – the Law Offices of Marshall C. Watson, Shapiro & Fishman, and the Law Offices of David J. Stern – constitute roughly 80% of all foreclosure proceedings in the state of Florida. All are under investigation by Attorney General Bill McCollum. If the reports I am hearing are true, the illegal foreclosures taking place represent the largest seizure of private property ever attempted by banks and government entities. This is lawlessness.

I respectfully request that you abate all foreclosures involving these firms until the Attorney General of the state of Florida has finished his investigations of those firms for document fraud.

I have included a court order, in which Chase, WAMU, and Shapiro and Fishman are excoriated by a judge for document fraud on the court. In this case, Chase attempted to foreclose on a home, when the mortgage note was actually owned by Fannie Mae.

Taking someone’s home should not be done lightly. And it should certainly be done in accordance with the law.

Thank you for your consideration of this request.

Sincerely,

Alan Grayson
Member of Congress

I Still Think That The Appointment of Elizabeth Warren is an Exercise in PR, Not Real Change, But …

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Both Felix Salmon and Barney Frank seem to think that this is the real deal, with Felix noting that, “she has the authority to get the Consumer Financial Protection Bureau up and running as quickly as she can,” and Representative Frank is saying that, “There’s no possibility she would take something like this unless she was fully empowered to do the job.”

Me, I’m with On the other side Yves Smith’s analysis, which says that this is all theater to create the illusion of Obama as a financial reformer:

  • While the bureau is organized under the Treasury, and before it is placed under the Federal Reserve, it has no rule making authority.
  • The organization is operating for an organization, the Federal Reserve that is not only, “subservient to the regulator that is in charge of looking out for the industry,” but is in large part owned by the industry. (look at the structure of the regional Fed banks, they are owned by the big banks)
  • This is an admission that she will not be appointed to the position, so she is already a bit of a lame duck, and will be completely one as soon as someone is nominated for the post.
  • She has admitted that she has no intention of serving as head of the CPFB, which means that she is even more of a lame duck.
  • Many of the organizational and personnel decisions will be deferred to whoever is the appointee.
  • Once a nominee is named, she becomes completely irrelevant.
  • Geithner and Summers still run the show, and are who Obama listens to.*

I’m with Ms. Smith’s last ‘graph:

Needless to say, it would be better if I were proven wrong, but it looks like Warren has made a Faustian bargain. I can only hope if that is the case that she moves quickly to cut her losses.

Simply put, how many times has the Obama administration taken the side of Main Street over Wall Street?

I’ll give you hint, it’s a non-positive integer.

She will be out in 6 months, and my guess is that she will discover that she cannot get her phone calls answered on November 3.

*But remember, the Cossacks work for the Czar.

It’s Bank Failure Friday!!!! (Delayed for Holiday)

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I’ve been off line for Yom Kippur, so this is a day late.

And here they are, ordered, and numbered for the year so far.

  1. ISN Bank, Cherry Hill, NJ
  2. Bank of Ellijay, Elllijay, GA
  3. First Commerce Community Bank, Douglasville, GA
  4. The Peoples Bank, Winder, GA
  5. Bramble Savings Bank,Milford, OH
  6. Maritime Savings Bank, West Alis, WI

So, after 3 weeks with only one bank closing, we have 6 this week, plus the one credit union closed below.

This number appears to be on the fast track for breaking 150 this year.

Full FDIC list

And here are the credit union closings:

  1. Industries Puerto Rico Federal Credit Union,

Full NCUA list

So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, but I’m keeping it here for historical purposes.

Why is the Federal Reserve Freaking Out?

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It appears that the Federal Reserve is putting out signals that it will be engaging in more quantitative easing (printing money) toward the end of this year:

The U.S. Federal Reserve could announce a new program of asset purchases to support a weak economy as early as November, according to Goldman Sachs Group Inc.

“We don’t expect this at the Sept. 21 meeting, but in November or December there’s certainly a possibility that it will be announced,” Jan Hatzius, chief economist at the bank, said Tuesday. He added the Fed is likely to buy U.S. Treasurys worth around $1.0 trillion to kick-start the economy.

Maybe I am being alarmist, but I as Ben Bernanke and the rest of the Fed have already proven themselves to be remarkably blase about the unemployment levels, so I have to assume that they are expecting to see someting major shake loose in the financial markets, and they want to restart their sh%$pile for cash program to forestall this.

It might not be an economic or financial issue that is getting them to move though, as they are currently hamstrung by the intersection of the law and Barack Obama’s general unwillingness to challenge republicans on the stonewalling of even the most benign nominees.

As a result, 3 nominees for the Federal Reserve Board of Governors are cooling their heels, and with the retirement of Donald Kohn, the board membership is down to 4 members, which means that they cannot make the emergency loans that they did following the collapse of Lehman:

Here’s a scary thought: Let’s say the European sovereign debt crisis flares up again, and one or two Euro banks fail. (Not a bank like UBS or Deutsche Bank, but a medium-sized bank like Bank of Greece or a Landesbank.) That, in turn, causes a U.S. money market fund — many of which have large exposures to Euro banks — to “break the buck,” which leads to another run on money market funds.

The Fed would be powerless to help. The Fed’s emergency lending authority (the famed Section 13(3)) requires that any emergency lending facility to non-banks be approved “by the affirmative vote of not less than five members” of the Fed Board of Governors. Currently, there are only four members of the Fed board: Bernanke, Warsh, Elizabeth Duke, and Dan Tarullo. Donald Kohn retired earlier this month, and the Senate has yet to vote on Obama’s three nominees (Janet Yellen, Peter Diamond, and Sarah Bloom Raskin).

Indeed.

Of course, Obama could fix this by making a recess apportionment, I would suggest that he actually appoint Jamie Galbraith, because it would freak the Republicans out, but he doesn’t have the guts for that, or much else.

Basel III

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Additional Capital Requirements


Phase In Schedule

I’ve been looking at the Basel III international banking proposals, and I find them rather weak tea.

The 10¢ tour of the proposal is that they are requiring more capital, 4.5% tier 1 capital (basically capital that can be redeemed for cash in a market essentially immediately), a further capital conservation buffer, and a “counter-cyclical” buffer that would kick in when times are good.

This will all be phased in over a 5 year period starting in 2013.

As to what it all means, I agree with Yves Smith that, “the reality is that a Basel III world will not look hugely different to the one from which the last crisis sprang.”

In particular, there is next to nothing on synchronizing accounting standards, which will send banks to places where they can call a bouquet of flowers a Tier 1 asset, does not deal with the shadow banking system in any meaningful way, and ignores the vast pit of putrescence that is the ratings agencies.

The Next Chapter of the Airbus/Boeing Pissing Contest

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And it does not involve the tanker.

The WTO, after ruling that Airbus was the recipient of illegal state subsidies, has now ruled that Boeing has also received billions of dollars in illegal state subsidies:

The long-running trans-Atlantic spat over government support of the world’s two biggest aircraft makers gained fresh momentum on Wednesday as a trade panel found that Boeing had received subsidies that violated global trade rules, people briefed on the decision said.

American lawmakers said on Wednesday that the subsidies, $5 billion from federal and state agencies, were just a fraction of the $24 billion that Europe had alleged and were far less sweeping than the benefits its rival, Airbus, had received.

But European leaders said that the finding, by a panel of the World Trade Organization, showed that the United States had also relied on subsidies in the fight for plane sales, and that the ruling would help prompt negotiations to resolve the problems.

What is interesting here is that they cite the military contracts that Boeing gets, but also the tax abatements with the WTO board determining that, “Boeing had received subsidies through some of the research contracts from the National Aeronautics and Space Administration and the Pentagon, as well as through tax incentives linked to its facilities in Washington State, Kansas and Illinois.” (emphasis mine)

This is about more than just the Airbus/Boeing subsidies. The WTO just ruled that the shakedowns that business inflict on communities by way of tax breaks are illegal subsidies under the current international trade regime..

This is a good thing.

I’d like to see Congress to find a way to ban this little bit of corporate pay-to play.