Tag: TMC Politics

Sleeping with the Enemy

Cross posted from The Stars Hollow Gazette

The LIBOR scandal continues to rattle the banking industry revealing the fraud that has gone unchecked by regulators in the US and Europe. The latest scandal that is now rocking international banking involves billions of dollars that were laundered by the British bank, Standard Charter, for Iran:

Standard Chartered bank ran a rogue unit that schemed with Iran’s government to hide more than $250bn (£160bn) in illegal transactions for nearly a decade, according to a scathing report by New York regulators that may put intense pressure on the management of the UK-based bank.

According to the report filed by the New York state department of financial services (NYSDFS), when warned by a US colleague about dealings with Iran, a Standard Chartered executive caustically replied: “You f—ing Americans. Who are you to tell us, the rest of the world, that we’re not going to deal with Iranians.” [..]

The 27-page report claims that Standard Chartered bankers helped Iranian clients skirt US financial sanctions against their country for nearly a decade.

Benjamin Lawsky, superintendent of the NYSDFS, said a Standard Chartered subsidiary in New York had also sought to do business with other US-sanctioned countries, including Libya, Burma and Sudan.

It is the latest blow to the reputation of the City, already criticised in Washington following the HSBC money-laundering debacle and JP Morgan’s multibillion-dollar trading losses at its London office. [..]

The New York regulator has provided emails between members of Standard Chartered staff. In one the head of the US operations warned, among others, the executive director of risk in London, that the dealings with Iran could cause “very serious or even catastrophic reputational damage” to the group.

The email, dated October 2006, warned: “There is equally importantly potential of risk of subjecting management in US and London (e.g. you and I) and elsewhere to personal reputational damages and/or serious criminal liability.” It was this memo that provoked the response about “you f—ing Americans”.

But it wasn’t the Treasury Department or the Federal Reserve that dropped the bomb with these charges, it was  Benjamin Lawsky, the New York Superintendent of Financial Services. Yves Smith at naked capitalism asked yesterday, “where were the Feds?

The lack of action by everyone ex the lowly New York banking supervisor is mighty troubling. The evidence presented in Lawsky’s filing is compelling; he clearly has not gone off half cocked. Why has he pressed forward and announced this on his own? The Treasury Department’s Office of Terrorism and Financial Intelligence has supposedly been all over terrorist finance; the consultants to that effort typically have very high level security clearances and top level access (one colleague who worked on this effort in the Paulson Treasury could get the former ECB chief Trichet on the phone). For them not to have pursued it anywhere as aggressively as a vastly less well resourced state banking regulator, particularly when Iran is now the designated Foreign Enemy #1, does not pass the smell test.

At a minimum, this lack of sufficient inquisitiveness on behalf of the Feds would the bank snookered them by being terribly forthcoming (as in it was responding only to specific inquiries, and then as narrowly as possible). But it raises the more troubling specter that Federal regulators (oh, and the US Department of Justice) wanted to keep this all quiet so as not to lead to embarrassing headlines. Although there is nothing in the filing to point to failure to act by the New York Fed, which was presumably the lead party in the 2003 sanctions against SCB (indeed, it says specifically that SCB deceived Federal regulators), the flip side is there would be only downside to Lawsky in doing anything that would make Fed or Treasury think he was trying to make then look bad.

There was a huge furor in the UK over who among the banking regulators knew what when on the Libor scandal. If our Congresscritters are at all worth their salt, they ought to be putting Geithner and the relevant folks at the New York Fed under the hot lights. We’ll see soon enough how the Fed and Treasury play this. If they don’t launch parallel actions pronto, it will be a damning sign as to where they think their, and perhaps most importantly, Geithner’s, interests lie.

At emptywheel, Mary Wheeler, wondered as well why the Superintendent of Financial Services is policing our Iran sanctions?

Normally, we’d see accusations like SFS released today from Treasury’s OFAC (Office of Terrorism and Financial Intelligence), perhaps (for charges as scandalous as these) in conjunction with the NY DA and/or a US Attorney. And yet OFAC has had these materials in hand for 2 years, and has done nothing.

In fact, we have a pretty good idea what OFAC’s action would look like, because earlier this year it sanctioned ING for actions that were similar in type, albeit larger in number (20,000 versus 60,000) and far larger in dollar amount ($1.6 billion involving Cuba versus $250 billion involving Iran). Both banks were doctoring fields in SWIFT forms to hide the source or destination of their transfers. [..]

My wildarsed guess, in this case, is that we have an understanding with our allies that they’ll allow us to require the rest of the world to comply with our sanctions so long as it doesn’t affect that country’s businesses. That is, I suspect countries like Britain are happy to comply with our sanctions so long as British banks don’t lose competitive advantages as a result. Of course, these sanctions are different that-say-our stupid Cuba sanctions in that the UK is as enthusiastic about sanctioning Iran into docility as the US is, and this scheme is all about retaining lucrative business with Iran.

But we may never learn what reason that is, because that would make things uncomfortable for the entities that claim there is rule of law for banks while they ensure that usually is not the case.

But no matter, the Feds are now upset with Lawsky who had the cajones to do what they were obviously trying to cover up. Barry Ritholtz at Economonitor points out that Lawsky has virtually declared the Treasury and Federal reserve as “too corrupt” to handle this:

   “Pursuant to the statutory powers vested in him by the People of the State of New York . . . [and] extensive investigation included the review of more than 30,000 pages of documents, including internal SCB (Standard Chartered Bank) e-mails that describe willful and egregious violations of law.

  For almost ten years, SCB schemed with the Government of Iran and hid from regulators roughly 60,000 secret transactions, involving at least $250 billion, and reaping SCB hundreds of millions of dollars in fees. SCB’s actions left the U.S. financial system vulnerable to terrorists, weapons dealers, drug kingpins and corrupt regimes, and deprived law enforcement investigators of crucial information used to track all manner of criminal activity.

   –NYS Department of Financial Services

Benjamin Lawsky, head of the New York State Department of Financial Services, has declared that the Treasury Department and the Federal Reserve is “too corrupt” to be involved in NY’s actions against money launderers and Iran sponsors at Standard Chartered bank.

At least, that corruption is what was implied by his actions (note those are my words, not his). Lawsky refused to give Tim Geithner or Ben Bernanke or anyone else at Treasury or the Fed any advance notice of pending legal/regulatory actions. Sorry, Treasury, he seemed to be saying, but your track records preceded you. [..]

This Treasury Department, like the one that preceded it, along with Congress and the White House, have proven themselves to be utterly incapable of overseeing the banking industry. Rather than adhere to this betrayal of the public trust, Mr. Lawsky decided to do something amazing: He actually followed the law. The rest of the regulatory sector should take note.

Have a read of the paragraph at the top of this page to see how prosecution of banking felons and their crony capitalist allies is supposed to be done.

We live in the Banana Republic formerly known as the United States. Its time to turn this nation back into a Democracy . . .

Let’s hope that Mr. Lawsky doesn’t cave to pressure like NY State Attorney General Eric Scneiderman did.

Protecting the Constitution & Freedom

Cross posted from The Stars Hollow Gazette

Here are some of the good guys in Congress who are trying to protect our freedoms under the Fourth Amendment:

Sen. Jeff Merkley (D-OR)

Merkley Introduces Bill to Prevent Warrantless Surveillance of Americans

Under amendments to FISA passed during the Bush administration, the intelligence agencies may conduct warrantless wiretapping, potentially collecting vast amounts of communications and data, so long as they reasonably believe the communications involve individuals who are located outside of the United States and who are not U.S. citizens. However, there are loopholes in the current statute that could permit the intelligence community to intentionally or unintentionally collect and store the communications of American citizens and others living in the U.S. and to mine data collected from Americans without a warrant.  National security agencies have not even released estimates of how often Americans’ communications are swept up by the warrantless wiretapping program.  [..]

“Keeping Americans safe versus protecting American’s privacy is a false choice. We have a moral and Constitutional duty to do both,” Merkley said. “We can ensure our government has the tools to spy on our enemies without giving it a license to intrude into the private lives of American citizens.  This bill will establish new safeguards to respect the principles of the Fourth Amendment protections from government intrusion without a warrant while ensuring that the intelligence community has the tools it needs to combat terrorism.” [..]

“This bill will give the FISA Amendments Act the overhaul it so desperately needs, restraining the government from unconstitutionally collecting and using vast amounts of data about innocent Americans,” said Michelle Richardson, ACLU Legislative Counsel. “These amendments would allow collection against foreigners to continue while better protecting Americans and should be considered a win-win for both the intelligence community and the Constitution.”  

Sen. Ron Wyden (D-OR)

Wyden Places Hold on FISA Amendments Act Extension

Warns that Loophole Gives Government the Ability to Circumvent Warrant Requirements to Spy on U.S. Citizens

Wyden identified two specific concerns that he believes Congress must address before agreeing to a long-term extension of FAA’s authorities.

The first pertains to the lack of information regarding the number of law-abiding American citizens who have had their communications collected and reviewed under the FISA Amendments Act authorities.  Last Summer, he and Senator Mark Udall asked the Administration for an estimate of the “number of people located in the United States whose communications were reviewed by the government pursuant to the FISA Amendments Act.”  The Office of the Director of National Intelligence responded that it was “not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority of the FAA.”  Nearly a year later, Congress has yet to receive an estimate of the number of Americans who have had their communications collected under FAA.  

“The purpose of this 2008 legislation was to give the government new authorities to collect the communications of people who are believed to be foreigners outside the United States, while still preserving the privacy of people inside the United States,”  Wyden explains in his hold statement.  “Before Congress votes to renew these authorities it is important to understand how they are working in practice.  In particular, it is important for Congress to better understand how many people inside the United States have had their communications collected or reviewed under the authorities granted by the FISA Amendments Act.

Wyden’s second concern pertains to what he describes as the law’s inadequate protections against warrantless “back door” searches of Americans.

I am concerned, of course, that if no one has even estimated how many Americans have had their communications collected under the FISA Amendments Act,” Wyden writes. “Then it is possible that this number could be quite large.  Since all of the communications collected by the government under section 702 are collected without individual warrants, I believe that there should be clear rules prohibiting the government from searching through these communications in an effort to find the phone calls or emails of a particular American, unless the government has obtained a warrant or emergency authorization permitting surveillance of that American.

David Kravets alerts us to a proposal (pdf) by Rep. Jerrold Nadler (D-NY) and  Rep. John Conyers Jr. (D-MI) that require the government to obtain a probable-cause warrant to access data stored in the cloud:

The law that the measure would amend is the Electronic Communications Privacy Act, which has seen few updates following President Ronald Reagan’s 1986 signature on the measure.

The proposal represents yet another attempt to rewrite legislation that generally grants the government wide powers to access Americans’ cloud-stored data without a probable-case showing. [..]

Adopted when CompuServe was king, ECPA allows the government to acquire a suspect’s e-mail or other stored content from an internet service provider without showing probable cause that a crime was committed, as long as the content had been stored on a third-party server for 180 days or more. E-mail and other cloud-stored data younger than six months is protected by the warrant requirement, as is all data stored on a personal computer drive.

ECPA was adopted at a time when e-mail, for example, wasn’t stored on servers for a long time. Instead it was held there briefly on its way to the recipient’s inbox. E-mail more than six months old on a server was assumed abandoned, and that’s why the law allowed the government to get it without a warrant. At the time there wasn’t much of any e-mail for the government to target because a consumer’s hard drive – not the cloud – was their inbox.

But technology has evolved, and e-mail often remains stored on cloud servers indefinitely, in gigabytes upon gigabytes – meaning the authorities may access it without warrants if it’s older than six months.

The same rule also applies to content stored in the cloud. That includes files saved in Dropbox, communications in Facebook, and Google’s cloud-storage accounts. Such personal storage capabilities were nearly inconceivable when President Reagan signed the bill.

The proposal will probably never be even heard in the radical right wing House committee. Kravets notes that a similar proposal in the Senate by Sen. Patrick Leahy (D-VT) never even got a hearing in the Judiciary Committees that Leahy chairs.

While the Obama administration continues to carry out and expand the Bush/Cheney regime agenda and the obstructionist Republicans and Right wing Democrats unwittingly (or not) help him, there are some people who recognize that security and freedom are not mutually exclusive.

Know the Person by the Friends They Keep

Cross posted from The Stars Hollow Gazette

There are a lot of people who support health and safety regulations will be heartened by this man’s departure from the Obama Administration:

White House regulatory czar Cass Sunstein, an intellectual mentor to President Obama whose skeptical approach to rule-making frustated the president’s liberal allies, announced Friday he was leaving his post.

Sunstein will depart by the end of the month, officials said. He is returning to the job he left, a professorship at Harvard Law School. In addition, Sunstein will head a new Harvard program on “behavioral economics and public policy.” [..]

Sunstein heads a relatively obscure agency, the Office of Information and Regulatory Affairs, which acts as a gatekeeper for new federal regulations.

In Washington’s wonkier circles, he also has become a symbol of a central contradiction of Obama’s White House. In seeking bipartisan common ground, the administration has often embraced policies that disappointed its friends – without disarming its enemies.

Among those who won’t miss Cass is  Rena Steinzor of the Center for Progressive Reform

Cass Sunstein brought impressive credentials and a personal relationship with the President to his job as Administrator of the Office of Information and Regulatory Affairs. But in the final analysis, Sunstein has continued the Bush Administration’s tradition of using the office to block needed health and safety protections disliked by big business and political contributors. Worse, the narrative that Sunstein helped craft about the impact of regulations on American life – that regulatory safeguards are fundamentally suspect – was discordant with the rest of the President’s agenda and the arguments he makes for his reelection.

Some of the regulations that Sunstein blocked would have reduced the level of ozone in the air, improved work place safety and protected children who live and work on farms He also reduced federal inspectors in poultry plants because of insustry complaints that it would slow down production.

While as Dan Froomkin at Huffington Post notes, Sunstein received some “warm praise”:

White House Office of Management and Budget director Jeffrey Zients credited him with helping design “numerous rules that are, among other things, saving lives on the highways by making vehicles safer and reducing distracted driving; dramatically increasing the fuel economy of the nation’s cars and trucks; protecting public health by reducing air pollution; making our food supply safer; and protecting against discrimination on the basis of disability and sexual orientation.”

But that is a modest record in the context of the wholesale deregulation during the Bush/Cheney era and the unprecedented regulatory failures of the recent past: financial crisis; the BP oil spill; the Upper Big Branch mine explosion; a bevy of food– and toy-related health scares and the imminent dangers of climate change.

But it is those who will miss him, that speak the loudest about why true progressives should rejoice at his departure:

John Graham, who ran OIRA in George W. Bush’s first term, said Sunstein was an able administrator.

“He was a strong force for creative policy solutions in a political environment that was highly polarized,” Graham said in an e-mailed statement.

Sunstein also was hailed by the U.S. Chamber of Commerce, the nation’s largest business lobbying group, and the Business Roundtable, a Washington-based group of business executives.

“The Chamber has enjoyed a good working relationship with Cass Sunstein and we wish him well in his return to Harvard Law,” Bruce Josten, the Chamber’s executive vice president for government affairs, said in an e-mailed statement.

“Cass Sunstein will be missed,” said John Engler, the former Michigan Republican governor who is Business Roundtable president. “Cass accepted the input of business, sought balance and understood that regulations do have costs. We hope his replacement will strike the same tone.”

And this praise that just speaks volumes

“Cass Sunstein appeared to recognize the harm overly burdensome regulations inflict on economic growth and job creation – although he was not able to stop the tsunami of regulations enacted by the Obama administration,” Representative Darrell Issa of California, the Republican chairman of the House Oversight and Government Reform Committee, said in a statement.

No one should expect President Obama will appoint someone who would be more transparent or, for that matter, less big business friendly. Nor should anyone believe that Sunstein will fade away into the academia at Harvard. There is this loathsome possibility:

Sunstein has long been rumored as a potential choice of Obama for a Supreme Court vacancy, if one were to open.

 

If you don’t think that Sunstein on the Supreme Court would be a bad idea, then read about his view of the First Amendment and free speech

Many millions of people hold conspiracy theories; they believe that powerful people have worked together in order to withhold the truth about some important practice or some terrible event. A recent example is the belief, widespread in some parts of the world, that the attacks of 9/11 were carried out not by Al Qaeda, but by Israel or the United States. Those who subscribe to conspiracy theories may create serious risks, including risks of violence, and the existence of such theories raises significant challenges for policy and law. The first challenge is to understand the mechanisms by which conspiracy theories prosper; the second challenge is to understand how such theories might be undermined. Such theories typically spread as a result of identifiable cognitive blunders, operating in conjunction with informational and reputational influences. A distinctive feature of conspiracy theories is their self-sealing quality. Conspiracy theorists are not likely to be persuaded by an attempt to dispel their theories; they may even characterize that very attempt as further proof of the conspiracy. Because those who hold conspiracy theories typically suffer from a crippled epistemology, in accordance with which it is rational to hold such theories, the best response consists in cognitive infiltration of extremist groups. Various policy dilemmas, such as the question whether it is better for government to rebut conspiracy theories or to ignore them, are explored in this light.  [..]

II. Governmental Responses

What can government do about conspiracy theories? Among the things it can do, what should it do? We can readily imagine a series of possible responses. (1) Government might ban conspiracy theorizing. (2) Government might impose some kind of tax, financial or otherwise, on those who disseminate such theories. (3) Government might itself engage in counterspeech, marshaling arguments to discredit conspiracy theories. (4) Government might formally hire credible private parties to engage in counterspeech. (5) Government might engage in informal communication with such parties, encouraging them to help. Each instrument has a distinctive set of potential effects, or costs and benefits, and each will have a place under imaginable conditions. However, our main policy idea is that government should engage in cognitive infiltration of the groups that produce conspiracy theories, which involves a mix of (3), (4) and (5).

Remember when global warming was considered a “conspiracy theory”? How about that silly conspiracy theory that Iraq had nothing to do with 9/11?

“Go Ahead, Make My Day”

Cross posted from The Stars Hollow Gazette

The infamous line that was uttered by Clint Eastwood ‘s character, Harry Callahan from the 1983 film Sudden Impact.

This morning Associate Justice Antonin Scalia made the day of every  weapons of mass destruction lover’s day. During an interview with Fox News Sunday host Chris Wallace, Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. In Scalia’s opinion, under his principle of “originalism”, if the weapon can be “hand held” it probably still falls under the right to “bear arms”:

Referring to the recent shooting in Aurora, CO, host Chris Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. Scalia admitted there could be, such as “frighting” (carrying a big ax just to scare people), but they would still have to be determined with an 18th-Century perspective in mind. According to his originalism, if a weapon can be hand-held, though, it probably still falls under the right o “bear arms”:

   WALLACE: What about… a weapon that can fire a hundred shots in a minute?

   SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried – it’s to keep and “bear,” so it doesn’t apply to cannons – but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.

   WALLACE: How do you decide that if you’re a textualist?

   SCALIA: Very carefully.

Law Professor Geoffrey Stone of the University of Chicago observed in a guest opinion at Jonathan Turly’s blog:

Maybe Justice Scalia needs to see the photos of the carnage a semi-automatic weapon or a shoulder fired rocket launcher can create. Under this thinking, RPG’s might be legal for all citizens to own and carry.  Grenades can be hand-held and therefore under Justice Scalia’s warped sense of thinking, they too might be legal for citizens to carry.  Do we draw the limit at briefcase nukes that can be carried in one’s hand?

Obviously the theory that Justice Scalia is promoting can be carried to extreme and hilarious lengths.  The real scary part is that Justice Scalia doesn’t understand how hilarious and dangerous his concepts are in the real world. [..]

Since Justice Scalia thinks that these kind of weapons may be legal, is it too far-fetched to wonder if the current crop of right-wing Militia’s are free to purchase these kind of weapons, even if they hope to use them against the government?

Justice Scalia was nominated to the Supreme Court in 1986 by President Ronald Reagan with a Republican held Senate and the unanimous blessings of the Democrats. Al Qaeda must be thrilled.

N.B.: For more about Justice Scalia and his concept of “orginaliasm” read this article at Huffington Post written in 2011 by Prof. Stone: Justice Scalia, Originalism and the First Amendment

You Know It’s Bad

Cross posted from The Stars Hollow Gazette

You know it’s bad when even the neo-conservatives admit it.

American Enterprise Institute: U.S. Austerity Measures Hurting Broader Economy

Austerity lovers of the world take note: Cutting government spending hurts the economy and it’s not just the Paul Krugmans of the world that say so.

The American Enterprise Institute, a conservative-leaning think tank, has some data out indicating that cutting government spending may be off-setting private sector growth. That’s notable, especially when coming from an organization with the motto “Freedom. Opportunity. Enterprise.”

Public sector GDP — a measure of the goods and services produced by the government — has shrunk for eight consecutive quarters, according to AEI. At the same time, private sector growth has increased for 12 quarters in a row, indicating that America’s slow overall GDP growth may mostly be a result of a drop in government spending.

In just the last year, federal spending has fallen more than 3 percent, and the cuts may be countering private-sector growth, the Wall Street Journal reports.

The findings show that slashing government spending may not exactly be the best way to boost the economy, even though that’s exactly what lawmakers around the world are considering. That some of the data comes from conservative-leaning AEI adds fuel to the arguments of progressive economists, who argue that painful austerity measures don’t help economies in trouble; they hurt them.

Would somebody please wake up and smell the coffee?  

How To Lose a Slam Dunk

Cross posted from The Stars Hollow Gazette

What was should have been an open and shut case against a mid-level executive with Citibank over the banks’s sale of risky collateralized debt obligations (CDO) somehow was lost by Security and Exchange Commission lawyers.

The Securities and Exchange Commission had accused Brian Stoker, a former midlevel Citigroup executive, with negligence related to his role in creating exotic mortgage securities known as collateralized debt obligations, or C.D.O.’s. In a lawsuit filed last October, the government said that Mr. Stoker, who prepared sales materials for C.D.O.’s, knew or should have known that he was misleading investors by not disclosing that Citigroup helped select the underlying mortgage securities in the C.D.O. and then placed a large bet against it.

The jury rejected the S.E.C.’s case, concluding that Mr. Stoker was not liable under the securities laws. In addition to handing up its verdict, the jury also issued an unusual statement.

This verdict should not deter the S.E.C. from investigating the financial industry, to review current regulations and modify existing regulations as necessary,” said the jury’s statement, which was read aloud in the courtroom by Judge Jed S. Rakoff, who presided over the two-week trial in Federal District Court in Manhattan.

Citibank has already entered an agreement to pay $285 million to settle a civil suit filed by the SEC about the CDO’s. As part of the agreement, Citibank would not have to admit to any wrong doing. Judge Rakoff has rejected that deal and told the parties to prepare for a trial. That ruling is being appealed.

Mr. Stoker’s lawyer depicted him as a “scapregoat” who was merely doing what he was told. Stoker knew full well that the CDO’s were very risky but failed to warn investors who lost over a billion dollars, but he was following instruction from the higher ups. Seriously? The Nuremberg defense is now acceptable?

As Yves Smith observes the SEC showed abject incompetence in prosecuting Stoker:

The SEC’s performance in the case at issue, SEC v. Stoker, was such a total fail that the odds are high that any motivated member of the top half of the NC readership would have done a better job of arguing this case pro se than the SEC did. Even though this case was argued before a jury (ooh, scary! They might go into My Eyes Glaze Over mode on CDO details), the basic issues were simple. The CDO squared that Citigroup director Brian Stoker marketed to investors was presented as having its assets selected by an independent asset manager. This is crucial. Just as investors in mutual funds understand they are hiring a fund management firm, and they compete on track records, so to were managed CDOs sold on the notion that the managers were serving the interests of the investors. And this is particularly important for CDOs, since the fact that the final asset list is made available shortly before closing makes it pretty much impossible for investors to evaluate a CDO on their own even if they had the skills and motivation. [..]

So what did the SEC’s strategy appear to be? This seems to have been a parallel to the approach in the Goldman suit against Goldman’s Fabrice Tourre: to target an non-executive and get him to roll the higher ups. But Tourre and Stoker were both enough made men to be willing to fight. Stoker had a $2.2 million guarantee for 2007. Guys like that do not want to lose their access to the industry meal ticket.

So what was Stoker’s defense? That he was being scapegoated, and Citi should really be on trial. Huh? In prosecutions, whether other parties are being charged is irrelevant. The question at hand is: did the party on trial engage in the conduct in question or not? Saying, “I was only the car driver in the robbery, I didn’t enter the convenience store” does not get you off of being an accessory to a crime. It’s pretty bloomin’ obvious that Stoker misrepresented the deal to investors. He had held securities industry licenses; he knew what the standards were.

It’s fairly obvious from day one of this entire case against Citibank that the SEC was trying very hard to let them off the hook. It is past time that the SEC was staffed with people who are more willing to regulate the banks and up hold the law. I have some heavy doubts that will ever happen under this administration or any other, now or in the future.

Humans Did It

Cross posted from The Stars Hollow Gazette

A skeptical physicist ends up confirming climate data

by Brad Plumer

Back in 2010, Richard Muller, a Berkeley physicist and self-proclaimed climate skeptic, decided to launch the Berkeley Earth Surface Temperature (BEST) project to review the temperature data that underpinned global-warming claims. Remember, this was not long after the Climategate affair had erupted, at a time when skeptics were griping that climatologists had based their claims on faulty temperature data.

Muller’s stated aims were simple. He and his team would scour and re-analyze the climate data, putting all their calculations and methods online. Skeptics cheered the effort. “I’m prepared to accept whatever result they produce, even if it proves my premise wrong,” wrote Anthony Watts, a blogger who has criticized the quality of the weather stations in the United Statse that provide temperature data. The Charles G. Koch Foundation even gave Muller’s project $150,000 – and the Koch brothers, recall, are hardly fans of mainstream climate science.

So what are the end results? Muller’s team appears to have confirmed the basic tenets of climate science. Back in March, Muller told the House Science and Technology Committee that, contrary to what he expected, the existing temperature data was “excellent.” He went on: “We see a global warming trend that is very similar to that previously reported by the other groups.” And, today, the BEST team has released a flurry of new papers that confirm that the planet is getting hotter. As the team’s two-page summary flatly concludes, “Global warming is real“.

While Prof Muller admitted that global warming was very real, he was still a skeptic as to its cause. Until now:

The Conversion of a Climate-Change Skeptic

by Richard A. Muller

CALL me a converted skeptic. Three years ago I identified problems in previous climate studies that, in my mind, threw doubt on the very existence of global warming. Last year, following an intensive research effort involving a dozen scientists, I concluded that global warming was real and that the prior estimates of the rate of warming were correct. I’m now going a step further: Humans are almost entirely the cause.

My total turnaround, in such a short time, is the result of careful and objective analysis by the Berkeley Earth Surface Temperature project, which I founded with my daughter Elizabeth. Our results show that the average temperature of the earth’s land has risen by two and a half degrees Fahrenheit over the past 250 years, including an increase of one and a half degrees over the most recent 50 years. Moreover, it appears likely that essentially all of this increase results from the human emission of greenhouse gases.

(Richard A.) Muller’s research was intended to prove the opposite. The physicist and his team even took the most common arguments raised by climate deniers, putting them to the test to see if skeptics’ claims had merit. It’s why the Kochs got out their checkbook in the first place.

But Muller is now telling his benefactors what they don’t want to hear (a.k.a., the truth): the climate crisis is real and it’s caused by human activity. Whether humanity chooses to deal with the reality of the crisis remains to be seen, but we can’t say we weren’t warned.

The American Police State

Cross posted from The Stars Hollow Gazette

After 9/11, many of us raised our voices in protest over the passage of the Patriot Act and the radical policies of the Bush/Cheney regime that are still a threat to American civil liberties and violations of the laws of this country. One of the most frightening aspects of the nebulous “war on terror’ has been the militarization of civilian police departments across the country and the increased violence and brutality of police officers against unarmed civilians. Increased and unchecked police abuse became evident in New York City and Oakland, California last fall with the brutal tactics used to end the Occupy Wall St. protests.

Now, in Anaheim, California, the same abusive tactics are being used against peaceful protests over the police shooting of an unarmed Latino man on July 20 that has triggered massive protests and another overreaction by the police to the unarmed civilian protests. Manuel Diaz, 25, and, according to the Anaheim police, a know gang member, was shot in the back and left to bleed in the street after fleeing the police. He was unarmed. The police reaction to the gathering crowds are well documented by cell phone videos and the local TV station. The police fired rubber bullets and bean bas at women and children and allowed a police dog to attack a child in a stroller, letting the dog attack the parents as they attempted to protect their child. All of these people are residents of the neighborhood where Diaz was shot.

It may have been the eight such incident this year in the home of Disneyland but it an exampled of a growing number of police shootings and brutal tactics that is becoming routine in “less white” America. In an article at Tomdispatch, Stephan Salisbury analyzes the Diaz and other shootings, who is being killed and at risk, in what numbers and how post 9/11 funding has made matters worse:

Since 9/11, the Department of Homeland Security has allocated $30 to $40 billion to local police for all manner of training programs and equipment upgrades. Other federal funding has also been freely dispensed.

Yet for all the beefing up of post-9/11 visual surveillance, communications, and Internet-monitoring capabilities, for all the easing of laws governing searches and wiretaps, law enforcement authorities failed to pick up on the multiple weapons purchases, the massive Internet ammo buys, and the numerous package deliveries to the dark apartment in the building on Paris Street where preparations for the Aurora massacre took place for months.

Orange County, where Manuel Diaz lived, now has a fleet of seven armored vehicles. SWAT officers turn out in 30 to 40 pounds of gear, including ballistic helmets, safety goggles, radio headsets with microphones, bulletproof vests, flash bangs, smoke canisters, and loads of ammunition. The Anaheim police and other area departments are networked by countywide Wi-Fi. They run their own intelligence collection and dissemination center. They are linked to surveillance helicopters.

In a study (pdf) conducted by  the Global Justice Clinic at New York University’s School of Law and the Walter Leitner International Human Rights Clinic at Fordham Law School, the New York City Police Department was found to have ‘consistently violated basic rights’ during the Occupy Wall Street protests and showed a ‘shocking level of impunity’:

The study details the increasingly common practices of “excessive police use of force against protesters, bystanders, journalists, and legal observers; constant obstructions of media freedoms, including arrests of journalists; unjustified and sometimes violent closure of public space, dispersal of peaceful assemblies, and corralling and trapping protesters en masse,” the report states. [..]

The report is the first section of a several part series covering police response to Occupy protests in cities around the US, revealing a national epidemic abusive of power. [..]

The report claims the NYPD has also violated international human rights law, stating:

“Full respect for assembly and expression rights is necessary for democratic participation, the exchange of ideas, and for securing positive social reform. The rights are guaranteed in

international law binding upon the United States. Yet U.S. authorities have engaged in persistent breaches of protest rights since the start of Occupy Wall Street.”

In her last program at RT network, Alyona Minkovski discussed the aspects police state issues with FDL‘s founder, Jane Hamsher and Salon‘s Glenn Greenwald.

The Fracking of America

Cross posted from The Stars Hollow Gazette

Hydraulic Fracturing is the process of extracting natural gas from otherwise inaccessible underground sources, such as the Marcellus Shale Formation which extends under much of the  Appalachian Basin. The process involves  millions of gallons of water, sand and chemicals pumped underground, under high pressure, to break apart the rock and release the gas. Scientists are worried that the chemicals used in fracturing may pose a threat either underground or when waste fluids are handled and sometimes spilled on the surface. Needless to say it is a hot political topic, nationally and locally, that has generated law suits, studies and a lot of propaganda from oil companies, the news media and the government

Hiram residents seek local control on fracking

By Dan, who lives in northeast Ohio. Originally published at Pruning Shears.

On Tuesday the town of Hiram held a public meeting with representatives of the company Mountaineer Keystone (MK). MK, a subsidiary of First Reserve Corporation, is set to begin fracking operations in Hiram next month. The company is a bit of an enigma; for one, it does not appear to have a web site, just a generic landing page at First Reserve. Also, according to Business Week it was founded in 2010 and lists no Key Executives. So who exactly the public was meeting with was something of a mystery. [..]

The town counsel began by taking some questions, and residents tried to probe for different ways to slow down this runaway train. Ohio has home rule nominally enshrined in its Constitution, but the Small Government Conservatives in Columbus have happily chipped away at it whenever it has threatened (as in this case) to result in a messy outburst of local control.

Residents asked some creative questions, though. One asked about being annexed by a larger neighboring municipality in order to get a greater degree of local control. [..]

Another resident asked (start of clip) why a noise ordinance couldn’t be enforced. The trustee responded that the township didn’t have the manpower to enforce it, and after a little back-and-forth she says: How about volunteer police officers? [..]

The unresponsiveness of the officials brought to mind a concept I first encountered in Dana Nelson’s Bad For Democracy (p. 177): plebiscetary democracy. As Barney Frank described it relative to the Bush years, this is a system “wherein a leader is elected but once elected has almost all of the power” (Cf. Bush’s accountability moment).

These officials continually defer all proposals to the state level. Try getting the industry-friendly government in Columbus to do something about it, they say – which is really just a polite way of saying shut up and go away. By and large local officials bristle at any kind of pressure to act on this issue. There was an accountability moment a couple years ago, is the implication. You had your chance, now buzz off. See you next election day.

Some citizens, though, believe accountability moments happen at more frequent intervals.

h/t Lambert Strether at naked capitalism

Court Rejects a Ban on Local Fracking Limits

By Mireya Navarro

A Pennsylvania court on Thursday struck down a provision of a state law that forbade municipalities to limit where natural gas drilling can take place within their boundaries.

The law, known as Act 13 and approved in February, required that drilling be allowed in all zoning districts, even residential areas, although with certain buffers. The law had been sought by drillers who have been fracking in the Marcellus Shale and wanted uniformity in rules on where they could drill.

But an appellate court found such a requirement unconstitutional, saying it allowed “incompatible uses in zoning districts,” failed to protect the interests of neighboring property owners and altered the character of neighborhoods.

Lawyers for the seven municipalities that sued over the state law said the court had reinstated their power to carry out basic zoning.

“It will allow local governments to continue to play a meaningful role in protecting property rights, residents and water supplies,” said Jordan B. Yeager, a lawyer who represented the township of Nockamixon and the Borough of Yardley, both in Bucks County.

New Anti-Fracking Film by Gasland’s Josh Fox Targets Cuomo: ‘Governor, What Color Will the Sky Be Over New York?’

by Jeff Goodell at Rolling Stone

Gov. Andrew Cuomo of the great state of New York, I’d like you to meet Josh Fox. As you may know, Josh, who is 39, wrote and directed a film called Gasland, which I’m sure is at the top of your Netflix queue. In 2010, the film was nominated for an Academy Award for Best Feature Documentary and helped bring the world’s attention to the dangers of hydraulic fracturing, aka fracking. To put it another way, Josh is the guy who is largely responsible for the political minefield that you now find yourself tip-toeing through as you consider whether or not to lift the moratorium on fracking in New York State. [..]

Last week, someone in your administration – I won’t try to guess who! – leaked details of your administration’s plan to allow fracking to the New York Times. I’ll give you this: You didn’t allow Chesapeake and the other gas industry thugs to roll you entirely; among other things, the plan limits fracking to five counties in the southern tier of the state and places restrictions on drilling near drinking water supplies. Obviously, you’re trying to appear rational and pragmatic about all this, talking about following “the science” while balancing economic development with environmental and public health concerns.

Well, guess what? When it comes to fracking, there isn’t much “science” to follow yet – there’s mostly just industry-funded propoganda. Not only that, but there are a whole lot of people in your state who don’t want you to balance anything. They’ve seen what has happened in Pennsylvania where the gas companies have run wild and they fear that once the drillers get their bits into the ground in New York, it’s a mad rush to ruin.

Horrors! Unpublished Study Used to Raise Health Questions About Fracking

by Dean Baker at MyFDL

Elaine K. Hill, a doctoral candidate in Cornell University’s department of applied economics and management, found evidence that fracking is associated with the frequency of low birth weight babies. The findings of her study (pdf) implied that for mothers living close to a fracking site, the probability of a low birth weight baby increased by 25 percent.

While this might be important information for government officials and the general public to have when considering restrictions on fracking, New York Times reporter Andrew Revkin is outraged that an unpublished study is being widely circulated and could impact public policy. From his blogpost, it sounds like Revkin gave Hill a really serious grilling about the ethics of allowing her unpublished study to influence debate on a major national issue. [..]

Hill has uncovered an important finding. If there is some fundamental error in her methodology then the more senior people in the field who are condemning her, should be able to quickly identify it. Revkin found people with plenty of bad things to say about Hill, but he was apparently unable to find anyone with fundamental questions about her methodology or who could suggest an alternative explanation for her findings.

Given the importance of these findings, it would have been irresponsible for Hill not to make them public. It’s unfortunate she has to deal with people who are more concerned about credentials than science.

Fracking: What Cuomo Won’t (or Can’t) Tell You

by Alec Baldwin at The Huffington Post Green

On Saturday, June 2, 2012, I hosted a screening of Josh Fox’s documentary film, Gasland, at the Landmark Theatre in Syracuse, New York. After the film, I moderated a panel that included Fox, Kate Hudson from Waterkeeper Alliance, ecologist and author Sandra Steingraber and Cornell University engineering professor Dr. Anthony Ingraffea. The event was co-sponsored by a consortium of anti-fracking groups in Central New York and beyond, such as World Grain Organization, Frack Action and Shale Shock, to name only a few. Supporters of hydraulic fracturing in the natural gas industry were invited to attend and provided with an opportunity to participate. All of those declined, as did all local, state and federal officials that were contacted. [..]

Issues of hidden costs to tax-payers for infrastructure that will ultimately line the pockets of very few in the Southern Tier of New York State while potentially causing catastrophic contamination of billions of gallons of fresh water aside, it was Kate Hudson who raised what I view as the most chilling point during the proceedings: that fracking and all of its inherent risks will accomplish little, if anything, to lower the cost of energy here at home. The Great Fracking Race will only bring more natural gas to market which will be piped to U.S. coasts and sold overseas. This will make some small cadre of gas executives and their investors very rich, while possibly leaving behind incalculable amounts of environmental damage and a price tag for the American taxpayer, at a time of fiscal austerity, that is truly unimaginable.

“Breaking Up Is Hard To Do”

Cross posted from The Stars Hollow Gazette

In 1998, then Citigroup Chairman and CEO Sanford “Sandy” Weill orchestrated the merger of Travelers Group and Citibank in what was, at the time, considered the largest merger in history. The merger was technically illegal because still in existence was a law known as Glass-Steagall,  a 66-year-old law that had separated commercial banking from investment banking. That merger and the repeal of the  Glass-Steagall Act in 1999, Mr. Weill now says were a mistake. He made this stunning pronouncement on CNBC’s “Squawk Box.”

“What we should probably do is go and split up investment banking from banking, have banks be deposit takers, have banks make commercial loans and real estate loans, have banks do something that’s not going to risk the taxpayer dollars, that’s not too big to fail,” Weill told CNBC’s “Squawk Box.”

He added: “If they want to hedge what they’re doing with their investments, let them do it in a way that’s going to be mark-to-market so they’re never going to be hit.”

He essentially called for the return of the Glass-Steagall Act, which imposed banking reforms that split banks from other financial institutions such as insurance companies.

“I’m suggesting that they be broken up so that the taxpayer will never be at risk, the depositors won’t be at risk, the leverage of the banks will be something reasonable, and the investment banks can do trading, they’re not subject to a Volker rule (the Volcker rule explained), they can make some mistakes, but they’ll have everything that clears with each other every single night so they can be mark-to-market,” Weill said.

Some of the reactions to Mr. Weill’s about face were not so kind, feeling that this took a lot of “chutzpah” on his part as the prime architect at shattering Glass – Steagall,  “helping create monstrously large institutions that appear impossible to regulate, manage and, in recent years, value

{..}This is rich coming from the man who hung a portrait with the words “The Shatterer of Glass-Steagall” in his office. Nor did he shoulder any of the blame for creating a mega-bank that stumbled from crisis to crisis before sucking down a $45 billion taxpayer bailout.

Such chutzpah may make his message easy to dismiss. But the point has been resonating for a while across the political spectrum. For critics like Paul Krugman, smaller financial institutions would wield far less political influence. Others lament that the financial reforms of the Dodd-Frank Act don’t do enough to protect the financial system from another calamity. Meanwhile, some conservatives are starting to think that a more radical split might be preferable to the mess of new regulations coming down the pike, such as the Volcker Rule.

As Charles Gasparino, Fox Business News contributor, formerly with CNBC, and author of “The Sellout“, observed:

It’s a shame it took mountains of sleaze, tremendous shareholder losses, a financial crisis and taxpayer bailouts for Weill to see the light because there are many valid reasons to break up the banks. We had a financial crisis (and subsequent taxpayer bailouts) largely because of enormous risk taking at the mega-banks like Citigroup, which led others to blindly copy the firm’s risk taking model until the entire system blew up in the fall of 2008.

Even so, it’s hard to take Weill seriously. First this is a man with an ego the size of the bank he created. People who know him say he needs media attention like an alcoholic needs a stiff drink, and he’s gotten precious little of it since retiring from the banking business six years ago. Yesterday made him feel like the same old Sandy again.

Then there’s his record as a banker, which should banish him from ever dispensing advice on the business he helped destroy.

Over at naked capitalism, Yves Smith sees the real significance of the Weill’s flip a bit differently:

It’s a reminder that talk of reform is cheap and without consequence. Would any of these former Big Names who would love to be hauled out of mothballs (ex John Reed, who never liked the limelight and I believe in genuine) be serious about advocating change if they thought it really might happen? This isn’t a sign of a break in the elites, this is at best pandering to the 99%, or adopting a faux provocative position to get some media play. Look at how the British regulators, who have been at least willing to talk tough about banking and pushed hard for a full split between depositaries and trading firms, are in deer in the headlights mode over the Libor scandal. This isn’t just being caught out at having missed a big one; there is an astonishing inability to leverage what should be seen as a God-given opportunity to put reform back on the front burner.

When I see someone like Weill or Dick Parsons putting a big chunk of their ill-gotten gains to fund lobbying or a think tank promoting tough-minded financial services reform, I’ll give the backers their due for making a sincere and serious effort to undo the considerable damage they have done. But absent that, this career death-bed conversion is a hollow and insulting gesture.

Yes, breaking up these big banks that are too hard to regulate is the right thing to do but I suspect, damn near impossible unless it all comes crashing down taking the banksters with it.

Plugging Intelligence Leaks or How to Cover Up War Crimes

Cross posted from The Stars Hollow Gazette

The Senate Intelligence Committee passed an intelligence authorization bill, Intelligence Authorization Act for Fiscal Year 2013. The bill, co-sponsored by the chair of the committee, Sen. Dianne Feinstein (D-CA) and Sen Saxby Chambliss (R-GA), passed the committee by a vote of 14 – 1 would:

[..] authorize intelligence funding to counter terrorist threats, prevent proliferation of weapons of mass destruction, enhance counterintelligence, conduct covert actions and collect and analyze intelligence around the globe. [..]

The legislation includes a title on preventing unauthorized disclosures of classified information to improve the government’s ability to prevent and detect unauthorized disclosures that harm national security and investigate and punish those responsible. [..]

The approved bill includes a series of provisions to prevent leaks, including:

   

  • A requirement the executive branch notifies Congress when making certain authorized disclosures of intelligence information to the public;
  • A requirement for the Director of National Intelligence to improve the process for conducting administrative leaks investigations, including a requirement to proactively identify leaks and take administrative action when necessary;
  • A restriction on the number of intelligence community employees authorized to communicate with the media;
  • A provision to improve non-disclosure agreements and the penalties for non-compliance;
  • A prohibition on current and former intelligence officials entering into certain contracts with media organizations;
  • A report from the attorney general on possible improvements to the criminal process for investigating and prosecuting leaks; and
  • A provision to improve the intelligence community’s ability to detect insider threats.

The bill was a response to the recent high level leaks about cyber warfare against Iran, Obama’s “kill list” and a CIA underwear bomb plot sting operation in Yemen that Sen. Feinstein said came from the White House. A good portion of the bill is directed at curbing “leaks” that come from intelligence employees who talk to the media either with or without the permission of the White House. The details of these restrictions are vague and ill defined, as Kevin Gosztola at FDL points out:

Britain’s Second Recession Deepens

Cross posted from The Stars Hollow Gazette

As Atrios said, not at all unexpected when “you put the put a bunch of evil skimmers and the stupidest f#%$ing man on the face of the planet in charge of your economy.”

Britain’s economic output collapsed by 0.7% in the second quarter of 2012 as the country’s double-dip recession extended into a third quarter [..]

The first double-dip recession since the mid-1970s – when the UK was beset by high inflation and rising unemployment – meant GDP in the second quarter of 2012 was 0.8% lower than in the same three months of 2011. [..]

The news will come as a fresh blow to the chancellor, George Osborne, whose deficit reduction plans have been thrown off course by the poor performance of the economy. Output has declined in five of the last seven quarters. [..]

The data shocked City analysts. Howard Archer of IHS Global Insight said the figures were “a very nasty surprise indeed”. And Labour were swift to criticise the chancellor. Rachel Reeves, the shadow chief secretary to the Treasury, tweeted that the 0.7% contraction was a “disastrous verdict on George Osborne’s failed plan”.

The reason for Osborne’s sticking to his austerity guns is the AAA rating from the same discredited ratings agencies that rated Lehman Brothers and AIG as safe investments right before their crash in 2008. His policy has just exacerbated Britain’s “deep-rooted economic problems”

In his response to today’s terrible GDP figures (the economy shrunk by 0.7% in the second quarter), George Osborne wisely resisted blaming the eurozone, the weather or the Jubilee for the third successive quarter of contraction. Instead, he dwelt on the UK’s “deep-rooted economic problems”. Britain has many long-term problems – an economy too dependent on finance, a lack of long-term investment, and persistently high levels of youth unemployment – but the charge against Osborne is that he has made them worse, not better. [..]

At times of recession, when consumer spending is depressed and businesses are hoarding cash, the state must act as a spender of last resort and stimulate growth through temporary tax cuts and higher infrastructure spending. Yet it is precisely this option that Osborne has rejected at every turn, dismissing well-intentioned critics as “deficit deniers”. Today’s figures are his reward. [..]

While Osborne’s arbitrary targets are of little economic importance they are of immense political significance. Should he abandon his debt rule, the UK could lose its AAA credit rating. Standard & Poor’s, for instance, has previously warned that our top rating is conditional on Osborne meeting his fiscal mandate. But why should we listen to the discredited agenices that rated Lehman Brothers and AIG as “safe investments” days before the crash? The answer is simple: we shouldn’t. But this doesn’t alter the fact that Osborne did. Having adopted the UK’s credit rating as his metric of success (he once boasted that we were “the only major western country which has had its credit rating improve”) he can hardly change tact now.

The Cameron government should be fired and sent packing to a special asylum for treatment of “Austerity Insanity.”

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