Tag: TMC Politics

Cross posted from The Stars Hollow Gazette

It is becoming quite apparent the New York State Attorney General Eric Scheiderman was right about the 50 state AG negotiations to settle the mortgage backed securities fraud. It will shield the banks from liability despite denial by Iowa Ag Tom Miller and others that it would not:

“The negotiation committee, working on behalf of all 50 states, does not have any intention of constraining the office of the New York attorney general in any way, has not tried to do so and could not do so,” Miller said. “Schneiderman was removed from the executive committee because he has, over the last several months, undermined our efforts to reach an agreement.”

In a Financial Times article on Labor Day by Shahien Nasiripour puts an end to that myth:

The talks aim to settle allegations that banks including Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial seized the homes of delinquent borrowers and broke state laws by employing so-called “robosigners”, workers who signed off on foreclosure documents en masse without reviewing the paperwork.

State prosecutors have proposed effectively releasing the companies from legal liability for allegedly wrongful securitisation practices, according to five people with direct knowledge of the discussions.

Some state officials have expressed concern that they have offered the banks far too broad a release from liability. . . . . .

The worry over the states’ counterproposal stems from its treatment of loan documents. The term sheet proposes to release the banks from legal liability over how mortgage documents were maintained, prepared and transferred, people familiar with the matter said.

Though the counteroffer attempts to release the banks from liability with respect to home repossessions, and explicitly states that the release does not include securitisation claims, the language is broad enough in that it could prevent state officials from bringing securitisation claims in the future should they sign up to the agreement.

At the heart of securitisation claims, which involve missteps in how home mortgages were bundled into bonds, are allegations that the banks did not properly maintain and transfer documents from one step in the complicated chain to the next.

If banks are released from liability regarding documentation practices, some industry officials believe they would be able to evade state lawsuits directed at how they bundled the loans into securities.

Robert Sheer observed This proposed a settlement for a pittance of $20 billion is chump change compared what the banks reaped in “direct cash subsidies, virtually zero-interest loans, and the Fed took $2 trillion in bad paper off their hands while the banks exacerbated the banking crisis they had created through additional shady practices.”

Matt Taibbi noted, too, that the banks are getting off the hook for really odious offenses:

   The idea behind this federally-guided “settlement” is to concentrate and centralize all the legal exposure accrued by this generation of grotesque banker corruption in one place, put one single price tag on it that everyone can live with, and then stuff the details into a titanium canister before shooting it into deep space.

   This is all about protecting the banks from future enforcement actions on both the civil and criminal sides. The plan is to provide year-after-year, repeat-offending banks like Bank of America with cost certainty… and will also get to know for sure that there are no more criminal investigations in the pipeline.

ship

To give you an indication of how absurdly small a number even $20 billion is relative to the sums of money the banks made unloading worthless crap subprime assets on foreigners, pension funds and other unsuspecting suckers around the world, consider this: in 2008 alone, the state pension fund of Florida, all by itself, lost more than three times that amount ($62 billion) thanks in significant part to investments in these deadly MBS.

The White House and AG Miller are doing everything in their power to discredit Schneiderman and block further investigations that could lead to recovering more than 20 pieces of silver.

Cross posted from The Stars Hollow Gazette

President Obama’s jettisoning the EPA regulations dominated the Friday news dump. What was buried in the usual media hullabaloo was this:

Apparently the FHFA has found something that this White House hasn’t, the courage to hold the banks accountable for the losses from the sale of mortgage backed securities (MBS) to Fannie Mae and Freddie Mac. The suit surpasses the $20 billion settlement that the 50 state AG settlement is reportedly attempting to extract from the banks for a liability release over ALL issues in foreclosure fraud.

The lawsuits cover $105 billion worth of securities, and FHFA wants returns on some portion of the losses taken on the securities, which they attribute to illegal actions by the banks when they sold the MBS (specifically, misrepresentations about the underlying loans). Earlier reports said that the losses for Fannie and Freddie on private-label MBS came to around $30 billion, so that’s probably around what they will ask for. The LA Times story puts it at $41 billion in losses. Whatever the number, this is more than the 50 state AG settlement is reportedly attempting to extract from the banks for a liability release over ALL issues in foreclosure fraud. And this is just a representations and warrants case.

This may derail the 50 state AG attempts at an agreement that absolves banks from any liability:

The biggest banks are already negotiating with the attorneys general of all 50 states to address mortgage abuses. They are looking for a comprehensive settlement that will protect them from future litigation and limit their potential mortgage litigation losses.

“This new litigation could disrupt the AG settlement,” said Anthony Sanders, finance professor at George Mason University and a former mortgage bond strategist.

Banks may be more reluctant to agree to a settlement if they know litigation from other government players could still wallop their capital, he said.

As David Dayen so astutely observes:

. . . . FHFA is just a canary in the coalmine for the losses and the liability that these banks are holding because of their actions in mortgage origination, securitization, and servicing. You cannot have a banking sector with this many liabilities and expect a robust, well-functioning economy. This action is necessary for the rule of law as well as for the health of the nation.

(emphasis mine)

Even better would be some of the people involved being held responsible and sent to prison.

Cross posted from The Stars Hollow Gazette

In June of 2007, John A. Rizzo had been the C.I.A’s acting general counsel on and off for most of the past six years, including the period in 2002 when the Bush administration was constructing a legal foundation for the agency’s then secret detention and interrogation program. As acting council, it was Mr. Rizzo has guided many agency leaders on the legal labyrinth of clandestine operations and the often ensuing investigations.

During his confirmation hearing’s for the permanent post before the Democratic controlled Senate Intelligence Committee, Senate Democrats pressed Mr. Rizzo about whether he agreed with a 2002 Justice Department memorandum that gave legal guidance to the C.I.A. program. The memorandum argued that nothing short of the pain associated with organ failure constituted illegal torture. The memorandum had been issued at the request from the agency on the use of interrogation techniques, such as waterboarding, in secret detention centers overseas. While Mr, Rizzo testified that at the time he did not object to the memorandum, he told the Senators that he now felt that it was overly broad. In September, just before the was to vote to reject him for the position, the White House withdrew the nomination without explanation. Mr. Rizzo remained in his position until the Summer of 2009 when he retired after 30 years.

Now two years since his departure, Mr. Rizzo granted an interview to PBS’s Frontline, “Top Secret America” on September 6 and what he is saying further confirms that President Barack Obama has lied, and continues to lie, to the American people about the CIA’s secret programs and who knows what else.

   I was part of the transition briefings of the incoming Obama team, and they signaled fairly early on that the incoming president believed in a vigorous, aggressive, continuing counterterrorism effort. Although they never said it exactly, it was clear that the interrogation program was going away. We all knew that.

   But his people were signaling to us, I think partly to try to assure us that they weren’t going to come in and dismantle the place, that they were going to be just as tough, if not tougher, than the Bush people.

snip

With a notable exception of the enhanced interrogation program, the incoming Obama administration changed virtually nothing with respect to existing CIA programs and operations. Things continued. Authorities were continued that were originally granted by President Bush beginning shortly after 9/11. Those were all picked up, reviewed and endorsed by the Obama administration.

As a candidate, President Obama had promised “a top to bottom review of the threats we face and our abilities to confront them.” He pledged to overhaul of the Bush administration’s war on terror, which he criticized for compromising American values. He had also promised in 2008, that he would filibuster the reauthorization of FISA without major reforms. He lied then, too, voting for the act’s renewal and “promising”to say, to fix it later. Needless  FISA not been “fixed” nor has the Patriot Act which has been extended for four years, unamended, at the president’s request. For this Mr. Obama has garnered the approval of admitted war criminal and former Bush Vice President, Dick Cheney who proudly proclaimed in an interview with Politico’s Mike Allen

“[Obama] ultimately had to adopt many of the same policies that we had been pursuing because that was the most effective way to defend the nation.”

Obama has continues these core Bush/Cheney Terrorism policies, strengthening them and  converting them from right-wing dogma into bipartisan consensus. Dick Cheney must be so proud.

 

Cross posted from The Stars Hollow Gazette

Controversial law prompts a spate of retirements

MADISON, Wis. – When students return today for the first day of school across Wisconsin, many familiar faces will be gone, as teachers chose retirement over coming back following the passage of a bill that would have forced them to pay more for benefits and taken away most of their collective bargaining rights.

Documents obtained by the Associated Press under the state’s open records law show that about twice as many public school teachers decided to retire in the first half of this year as in each of the past two full years, part of a mass exit of public employees.

Their departures came after the bill passed but before the new law took effect. The bill, which was pushed by Governor Scott Walker and the Republican Legislature, led to weeks of protests at the Capitol.

The ensuing exodus of teachers and other state employees has spurred fears that the jobs might not be filled and that classroom leadership by veteran teachers will be lost.

Cross posted from The Stars Hollow Gazette

Bloomberg TV’s Margaret Brennan speaks to Nouriel Roubini, co-founder and chairman of Roubini Global Economics LLC. Roubini tells Brennan, “we’re going into a recession based on my numbers” and that the Federal Reserve and other authorities no longer have the ability to provide emergency support.

There seems to a consensus here. Just last week Nobel Prize winning Economist Joseph Stiglitz told Bloomberg the same thing:

“The unemployment situation in the U.S. is very severe and very probably going to get worse,” Stiglitz told reporters today at a conference in Lindau, Germany. “There’s a very high probability we’ll go into double dip.”

snip

Stiglitz said calls by policy makers to engage in deficit- cutting austerity measures were heading in “exactly the wrong direction.”

“The most important way to address the deficit is to get America back to work, to get the economy back to full employment,” Stiglitz said at an annual gathering of Nobel Prize-winning economists. “Austerity is going to get us predictably into trouble. Spend the money on investments, and those investments will lead to higher growth.”

Two other points were made about the current economic crisis by Paul Krugman. One is that the economy has not really recovered and that the Federal Reserve needs to take firmer action to stimulate job growth. The non-recovery is best illustrated with this chart provided by Krugman:

Krugman’s second point is about debt, federal and personal, that there has not been an explosion in debt over the past few years

There have been hints about President Obama’s jobs plan that he will present to a joint session of Congress Thursday night but it needs to be big and bold but that’s doubtful with this president.

Cross posted from The Stars Hollow Gazette

Well, well, this is getting juicy. The FDIC has filed a lawsuit objecting to the $8.5 billion bail out of the Bank of America:

The FDIC, the receiver for failed banks, owns securities covered by the settlement and said it doesn’t have enough information to evaluate the accord, according to a filing yesterday in federal court in Manhattan.

Under the agreement, Bank of America would pay $8.5 billion to resolve claims from investors in Countrywide Financial Corp. mortgage bonds. The settlement was negotiated with a group of institutional investors, including BlackRock Inc. (BLK) and Pacific Investment Management Co. LLC, and would apply to investors outside that group.

Bank of New York Mellon Corp. (BK), the trustee for the mortgage-securitization trusts covered by the agreement, has asked a New York state judge to approve the settlement in November. An investor group is trying to move the case to federal court, which Bank of New York opposes.

Investors that would be bound by the settlement, including American International Group Inc., have criticized the deal and Bank of New York’s role representing investors in the mortgage bonds. New York Attorney General Eric Schneiderman and Delaware Attorney General Beau Biden have sought to intervene in the case and asked the court to reject it.

The Nevada Attorney General Catherine Cortez Masto has further upped the ante:

The attorney general of Nevada is accusing Bank of America of repeatedly violating a broad loan modification agreement it struck with state officials in October 2008 and is seeking to rip up the deal so that the state can proceed with a suit against the bank over allegations of deceptive lending, marketing and loan servicing practices.

In a complaint filed Tuesday in United States District Court in Reno, Catherine Cortez Masto, the Nevada attorney general, asked a judge for permission to end Nevada’s participation in the settlement agreement. This would allow her to sue the bank over what the complaint says were dubious practices uncovered by her office in an investigation that began in 2009.

In her filing, Ms. Masto contends that Bank of America raised interest rates on troubled borrowers when modifying their loans even though the bank had promised in the settlement to lower them. The bank also failed to provide loan modifications to qualified homeowners as required under the deal, improperly proceeded with foreclosures even as borrowers’ modification requests were pending and failed to meet the settlement’s 60-day requirement on granting new loan terms, instead allowing months and in some cases more than a year to go by with no resolution, the filing says.

The complaint says such practices violated an agreement Bank of America reached in the fall of 2008 with several states and later, in 2009, with Nevada, to settle lawsuits that accused its Countrywide unit of predatory lending. As the credit crisis grew, the settlement was heralded as a victory by state offices eager to help keep troubled borrowers in their homes and reduce their costs. Bank of America set aside $8.4 billion in the deal and agreed to help 400,000 troubled borrowers with loan modifications and other financial relief, such as lowering interest rates on mortgages.

I’ll bet you this has Obama and the remaining AG’s panties in a twist, since, according to rumors they were looking to settle this by Labor Day.

Here’s the link to the FDIC’s brief:

FDIC Objection to Bank of America Mortgage Settlement

Cross posted from The Stars Hollow Gazette

Recent attempts by the Obama administration to persuade New York State Attorney General Eric Schneiderman to sign off on the 50 state agreement that was being brokered by Iowa AG has resulted in Schneiderman being removed from the panel last week. In the on going power play to get Schneiderman to play ball with an agreement that would allow the banks to get away with a piteous fine and protection from any litigation regarding fraudulent foreclosures, Matt Stoller, formerly of Open Left and former Senior Policy Advisor to Rep. Alan Grayson, writes a revealing article at Naked Capitalism that examines President Obama and AG Tom Miller dishonesty in the negotiations and their need to squash Schneiderman’s investigations. Stoller argues that all the parties are doing what they think is right not because any of them must but because it is their choice. While it can be said that is somewhat true, there is the matter of law that they have all sworn to uphold. Scheiderman seems to be the one of the few, along with Delaware AG Beau Biden and Massachusetts Attorney General Martha Coakley, who is doing just that:

The banking system is really at the heart of our politics, which is why it’s such a great test of one’s political theory of change. I’ve been following the foreclosure fraud story for a few years now, because it’s the tail end of a massive economy-wide fraud scheme that started as early as 2003. The securitization chain failure can’t be put back in the bottle, the housing system it collapsed is simply too big to bail. So elites keep trying to patch this up the way they have everything else. It isn’t working. And their scheme has been obvious and obviously dishonest. Along with Obama (who I criticized as empty as early as 2004, ratcheting this up to dishonest and authoritarian by 2006-2007), I pointed out that Iowa Attorney General Tom Miller was engaged in serious bad faith only a few months after the negotiations started.

I’m no genius, I just listened to what these people actually said and did. Obama mocks the idea that he is an honest politician, overtly, lying about NAFTA and FISA very early on in power. Miller lied to activists about being willing to put bankers in jail, and then said he was negotiating with banks in secret. It was overt. For Miller, as with Obama, few people really picked up on the lies until recently. Iowa activists who heckled Miller got it, as did Naked Capitalism readers. Now it’s becoming more and more obvious. That’s just how it is, I suppose, people in the establishment are paid to not notice corruption until the harsh glare is too bright.

The crazy thing is that robosigning is apparently still going on. Right now, the “settlement” talks are the equivalent of law enforcement negotiating with a serial killer over whether he’ll get a parking ticket, even as he continually sprays bullets into the neighborhood. Even having these “settlement” talks when the actual crimes haven’t been investigated or a complaint hasn’t been registered should be example enough that this process is rigged as badly as Dodd-Frank. It should not be a surprise that the administration is putting pressure on Eric Schneiderman, that Tom Miller is kicking him out of the club house. That’s who these people are. It’s what they believe in. Just as it should not be a surprise, though it is laudable, that Schneiderman isn’t knuckling under to the administration. I suspect he probably is laughing at the idiocy of Miller’s pressure tactic. I mean, this is a guy going up some of the most powerful entities in the United States: Bank of New York Mellon, Bank of America, the New York Fed, etc. And the Iowa Attorney General isn’t going let him on conference calls? Mmmkay.

Stoller doesn’t end there with his indictment of the corruption and sell out to the banks. He call out the failure of Obama’s policy agenda in the wake of the 2010 defeats as a wake up call to Democrats and the party:

From 2006-2008, the Bush administration’s failures crashed down upon conservatives, and they in many ways could not cope. But their intellectual collapse was bailed out by Obama. Faux liberals are seeing their grand experiment in tatters, though right now they can only admit to feeling disappointed because the recognition that they have been swindled is far too painful. And the recognition for many of the professionals is even more difficult, because they must recognize that they have helped swindle many others and acknowledge the debt they have incurred to their victims. The signs of coming betrayal were there, but in the end it all comes down to judging people based on what they do and who they choose as opponents. And this Democratic partisans did not do, choosing instead a comfortable delusional fantasy-land where foreclosures don’t matter and theft enabled by Obama (and Clinton before him) doesn’t matter.

Ouch.

Of course there is always the possibility that a “minor player” such as Schneiderman can be easily taken down with an overblown personal scandal, as was former NY AG and governor, Eliot Spitzer. Schneiderman seems unfazed and unmoved by the threats and accusations that he undermining a bogus settlement with the banks that would help thousands of homeowners. And after the failures of other programs, such as HAMP, who is really going to believe that this is the cure?

The latest development in this on going battle for a realistic Main St rescue came when John O’Brien, Registry of Deeds for Southern Essex County in Massachusetts is requested that Iowa AG Tom Miller step down:

Schneidernan getting kicked off the committee should come as no surprise to anyone following the foreclosure negotiations and is sickeningly similar to Pam Bondi, Florida’s Attorney General firing Theresa Edwards and June Clarkson, who were heading up investigations on a series of mortgage related crimes for over a year.

While Bondi insists that the firings were a result of poor job performance, Miller points more towards attitude and that Schneiderman is somehow not a team player.

snip

This is like Pam Bondi firing the two assistant AGs in Florida,” O’Brien said. “Miller claims that Schneiderman was undermining the negotiations. Why wouldn’t he since the negotiations are far from being in the best interest of homeowners and the general public? This settlement clearly favors the banks and I’m one hundred percent behind Eric Schneiderman. This is an outrage and they are beginning the process of selling the American people down the drain I say Miller should step down and all AGs should be appalled at what has happened.”

Schneiderman’s removal will likely make it easier for state and federal officials to reach an accord with the five banks. However, the potential amount of money they’ll be able to extract will likely decrease.

American Banker posted the 27 term sheet of the negotiations presented to the banks with major servicing operations by the AGs and Federal Banking Regulators.

The deal completely handcuffs state attorneys general whose constituents are suffering serious economic damage as a result of the foreclosure fiasco and fraud by the banks and servicers.

When the investigation into robo-signing and fraud, Tom Miller had a brief moment of righteous advocacy until he received $261,445 in campaign contributions from out-of-state law firms and donors from the finance, insurance, and real estate sector shortly after he announced he was seeking criminal charges and retribution from the banks for mortgage fraud — that’s 88 times what he has received in the past decade.

Nice pay off, Tom. Now, I wonder what Barack’s campaign is getting?

Find out why the Obama administration is WORSE; Roberto Arango, former leader of the governing PNP in the Puerto Rican Senate, is WORSER; and House Majority Leader Eric Cantor is the WORST PERSON IN THE WORLD for Aug. 29, 2011.