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Barbara Ehrenreich

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Preying on the Poor

Posted: 05/17/2012 9:18 am

How Government and Corporations Use the Poor as Piggy Banks

Cross-posted with TomDispatch.com.

Individually the poor are not too tempting to thieves, for obvious reasons. Mug a banker and you might score a wallet containing a month’s rent. Mug a janitor and you will be lucky to get away with bus fare to flee the crime scene. But as Business Week helpfully pointed out in 2007, the poor in aggregate provide a juicy target for anyone depraved enough to make a business of stealing from them.

The trick is to rob them in ways that are systematic, impersonal, and almost impossible to trace to individual perpetrators. Employers, for example, can simply program their computers to shave a few dollars off each paycheck, or they can require workers to show up 30 minutes or more before the time clock starts ticking.

Lenders, including major credit companies as well as payday lenders, have taken over the traditional role of the street-corner loan shark, charging the poor insanely high rates of interest. When supplemented with late fees (themselves subject to interest), the resulting effective interest rate can be as high as 600% a year, which is perfectly legal in many states.

It’s not just the private sector that’s preying on the poor. Local governments are discovering that they can partially make up for declining tax revenues through fines, fees, and other costs imposed on indigent defendants, often for crimes no more dastardly than driving with a suspended license. And if that seems like an inefficient way to make money, given the high cost of locking people up, a growing number of jurisdictions have taken to charging defendants for their court costs and even the price of occupying a jail cell.

The poster case for government persecution of the down-and-out would have to be Edwina Nowlin, a homeless Michigan woman who was jailed in 2009 for failing to pay $104 a month to cover the room-and-board charges for her 16-year-old son’s incarceration. When she received a back paycheck, she thought it would allow her to pay for her son’s jail stay. Instead, it was confiscated and applied to the cost of her own incarceration.

Government Joins the Looters of the Poor

You might think that policymakers would take a keen interest in the amounts that are stolen, coerced, or extorted from the poor, but there are no official efforts to track such figures. Instead, we have to turn to independent investigators, like Kim Bobo, author of Wage Theft in America, who estimates that wage theft nets employers at least $100 billion a year and possibly twice that. As for the profits extracted by the lending industry, Gary Rivlin, who wrote Broke USA: From Pawnshops to Poverty, Inc. -- How the Working Poor Became Big Business, says the poor pay an effective surcharge of about $30 billion a year for the financial products they consume and more than twice that if you include subprime credit cards, subprime auto loans, and subprime mortgages.

These are not, of course, trivial amounts. They are on the same order of magnitude as major public programs for the poor. The government distributes about $55 billion a year, for example, through the largest single cash-transfer program for the poor, the Earned Income Tax Credit; at the same time, employers are siphoning off twice that amount, if not more, through wage theft.

And while government generally turns a blind eye to the tens of billions of dollars in exorbitant interest that businesses charge the poor, it is notably chary with public benefits for the poor. Temporary Assistance to Needy Families, for example, our sole remaining nationwide welfare program, gets only $26 billion a year in state and federal funds. The impression is left of a public sector that’s gone totally schizoid: on the one hand, offering safety-net programs for the poor; on the other, enabling large-scale private sector theft from the very people it is supposedly trying to help. 

At the local level though, government is increasingly opting to join in the looting. In 2009, a year into the Great Recession, I first started hearing complaints from community organizers about ever more aggressive levels of law enforcement in low-income areas. Flick a cigarette butt and get arrested for littering; empty your pockets for an officer conducting a stop-and-frisk operation and get cuffed for a few flakes of marijuana. Each of these offenses can result, at a minimum, in a three-figure fine.

And the number of possible criminal offenses leading to jail and/or fines has been multiplying recklessly. All across the country -- from California and Texas to Pennsylvania -- counties and municipalities have been toughening laws against truancy and ratcheting up enforcement, sometimes going so far as to handcuff children found on the streets during school hours. In New York City, it’s now a crime to put your feet up on a subway seat, even if the rest of the car is empty, and a South Carolina woman spent six days in jail when she was unable to pay a $480 fine for the crime of having a “messy yard.” Some cities -- most recently, Houston and Philadelphia -- have made it a crime to share food with indigent people in public places.

Being poor itself is not yet a crime, but in at least a third of the states, being in debt can now land you in jail. If a creditor like a landlord or credit card company has a court summons issued for you and you fail to show up on your appointed court date, a warrant will be issued for your arrest. And it is easy enough to miss a court summons, which may have been delivered to the wrong address or, in the case of some bottom-feeding bill collectors, simply tossed in the garbage -- a practice so common that the industry even has a term for it: “sewer service.” In a sequence that National Public Radio reports is “increasingly common,” a person is stopped for some minor traffic offense -- having a noisy muffler, say, or broken brake light -- at which point the officer discovers the warrant and the unwitting offender is whisked off to jail.

Local Governments as Predators

Each of these crimes, neo-crimes, and pseudo-crimes carries financial penalties as well as the threat of jail time, but the amount of money thus extracted from the poor is fiendishly hard to pin down. No central agency tracks law enforcement at the local level, and local records can be almost willfully sketchy.

According to one of the few recent nationwide estimates, from the National Association of Criminal Defense Lawyers, 10.5 million misdemeanors were committed in 2006. No one would risk estimating the average financial penalty for a misdemeanor, although the experts I interviewed all affirmed that the amount is typically in the “hundreds of dollars.” If we take an extremely lowball $200 per misdemeanor, and bear in mind that 80%-90% of criminal offenses are committed by people who are officially indigent, then local governments are using law enforcement to extract, or attempt to extract, at least $2 billion a year from the poor.

And that is only a small fraction of what governments would like to collect from the poor. Katherine Beckett, a sociologist at the University of Washington, estimates that “deadbeat dads” (and moms) owe $105 billion in back child-support payments, about half of which is owed to state governments as reimbursement for prior welfare payments made to the children. Yes, parents have a moral obligation to their children, but the great majority of child-support debtors are indigent.

Attempts to collect from the already-poor can be vicious and often, one would think, self-defeating. Most states confiscate the drivers’ licenses of people owing child support, virtually guaranteeing that they will not be able to work.  Michigan just started suspending the drivers’ licenses of people who owe money for parking tickets.  Las Cruces, New Mexico, just passed a law that punishes people who owe overdue traffic fines by cutting off their water, gas, and sewage.

Once a person falls into the clutches of the criminal justice system, we encounter the kind of slapstick sadism familiar to viewers of Wipeout. Many courts impose fees without any determination of whether the offender is able to pay, and the privilege of having a payment plan will itself cost money.

In a study of 15 states, the Brennan Center for Justice at New York University found 14 of them contained jurisdictions that charge a lump-sum “poverty penalty” of up to $300 for those who cannot pay their fees and fines, plus late fees and “collection fees” for those who need to pay over time. If any jail time is imposed, that too may cost money, as the hapless Edwina Nowlin discovered, and the costs of parole and probation are increasingly being passed along to the offender.

The predatory activities of local governments give new meaning to that tired phrase “the cycle of poverty.” Poor people are more far more likely than the affluent to get into trouble with the law, either by failing to pay parking fines or by incurring the wrath of a private-sector creditor like a landlord or a hospital.

Once you have been deemed a criminal, you can pretty much kiss your remaining assets goodbye. Not only will you face the aforementioned court costs, but you’ll have a hard time ever finding a job again once you’ve acquired a criminal record. And then of course, the poorer you become, the more likely you are to get in fresh trouble with the law, making this less like a “cycle” and more like the waterslide to hell.  The further you descend, the faster you fall -- until you eventually end up on the streets and get busted for an offense like urinating in public or sleeping on a sidewalk.

I could propose all kinds of policies to curb the ongoing predation on the poor. Limits on usury should be reinstated. Theft should be taken seriously even when it’s committed by millionaire employers. No one should be incarcerated for debt or squeezed for money they have no chance of getting their hands on. These are no-brainers, and should take precedence over any long term talk about generating jobs or strengthening the safety net. Before we can “do something” for the poor, there are some things we need to stop doing to them.

Barbara Ehrenreich, a TomDispatch regular, is the author of Nickel and Dimed: On (Not) Getting By in America (now in a 10th anniversary edition with a new afterword). She is most recently the founder of the just-launched Economic Hardship Reporting Project, which supports innovative journalism on poverty and economic hardship.  To listen to Timothy MacBain's latest Tomcast audio interview in which Ehrenreich discusses how the poor get soaked and her latest project to fund investigative journalism on poverty, click here or download it to your iPod here.

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HUFFPOST SUPER USER
anonymous67
05:49 PM on 05/21/2012
"Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless. What will you do on the day of reckoning, when disaster comes from afar? To whom will you run for help? Where will you leave your riches?"

-- Isaiah 10:1-3
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HUFFPOST SUPER USER
POG365
Any fool can criticize, condemn and complain--and
01:44 AM on 05/22/2012
“The good Book also says:
Matthew 13:12
12 Whoever has will be given more, and they will have an abundance. Whoever does not have, even what they have will be taken from them.”
11:17 PM on 06/01/2012
Refers to spiritual wealth, not material wealth
12:53 PM on 05/21/2012
CAN’T HAPPEN. HASN’T HAPPENED. KEEP IT FROM HAPPENING:

imoftenrighttoo (2:08 PM on 05/21/2012) wrote, “...You asked, “Have you ever been in trouble?” Of course, I have....I’ve been so poor that...I didn’t like it, so I did something about it.”

If you know (A) THAT you could do something about it, and (B) WHAT you could do about it, then you have never been “poor.”

You’ve been “broke.” I have, too. But I’ve always known that I had the resources and the wherewithal to make my way out.
____________________

Through American history, the condition of poverty has meant that (A) you don’t know you can fix it.

In our recent economy, with a shrinking of middle-income opportunities—poverty or no—(B) you may not know anything that still will work.

More and more hard-working Americans are slipping in poverty. Meanwhile, many other Americans are comfortably convinced that it’s these new-poor’s fault.
____________________

What’s frustrating about cavalier, Conservative attitudes toward the plight of others, is the shallow-minded thinking which says, “It hasn’t happened to me yet, so something must be wrong with those it happens to.”

A Conservative believes, “It can’t happen here.” A Liberal believes, “It hasn’t happened to you yet.”

A Pragmatic says, “Let’s fix it so that it doesn’t have to happen again.”

Regards,
(($; -)}
Gozo!
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janmB
loves life
05:24 AM on 05/21/2012
How can they be blind to the fact that thousands of resumes go out and never get a response. Shut up they say and take some minimum wage job but don't be asking for food stamps. Somehow right-wing can justify in their small brain capacity to take an entire population of millions of poor folks and put them in one category of the relatively few who really are degenerates in our society.
Another example: Gingrich said we should train "poor" kids early in grade-school how to work hard by giving them the adult's janitor's jobs ......how soul-less can they be....they show us every time they speak.
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HUFFPOST SUPER USER
DixieMelody
Iso Blue in Red Idaho
01:00 AM on 05/21/2012
BANK OF AMERICA TAKES GROSS ADVANTAGE OF THE MILITARY

It is the official bank of the US military and has branches by or on
many bases, which provides the firm with another locus of extortion.

BofA can entice military personnel to take out loans at usurious
rates. Personal loans made to soldiers for a few thousand dollars can
actually keep them indebted for the rest of their lives.

Last May, Bank of America paid $22 million to settle charges of improperly foreclosin­­g on active-duty troops.

http://www.nationofchange.org/10-reasons-hate-bank-america-1320153713
HUFFPOST SUPER USER
phang10113
04:16 AM on 06/28/2012
I love BOA!
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HUFFPOST SUPER USER
DixieMelody
Iso Blue in Red Idaho
12:55 AM on 05/21/2012
HOMELESS WITH HER BABIES

http://pinterest.com/pin/282952789058491871/

He is your friend, your partner, your defender, your dog.

You are his life, his love, his leader.

He will be yours, faithful and true, to the last beat of his heart.

You owe it to him to be worthy of such devotion.

(This lady is very worthy of their devotion. Much more worthy than the monetarily wealthy Romney who treated Seamus so shabbily.)
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HUFFPOST SUPER USER
mxytsplyk
De gustibus non est disputandum
12:14 AM on 05/21/2012
ʻ..the resulting effective interest rate can be as high as 600% a year, which is perfectly legal in many states..ʻ

Ah, usury. Harkens back to a time when a certain prophet drove Usurers out of a Temple. Not that your modern right wing christianist would object, as times have surely changed..
11:20 PM on 05/20/2012
While I agree with Ms Ehrenreich about the the fact that poor people get caught in these ridiculous, fine bottomless pits. You need to punish people so they stop doing stupid things, like putting there feet up on subway seats, litering, turnstile jumping etc but what about community service etc because just fineing people just gets them further in debt, at a certain point people give up and quit trying and then end up in jail. You want people to follow the rules and understand that there are consequences but putting someone who does have any money more in debt makes zero sense. As for wage fraud it happens all the time, it's a problem among companies that hire the skilled trades but an epidemic among companies that hire unskilled workers everything from only crediting pay in 15 minute intervals, so if you have to work 5 or ten minutes over you don't get paid for that time once in awhile it's ok but if it consistantly happens you're getting cheated of money, I've worked for companies where the paychecks bounced,or paychecks are late the overtime hours are screwed up, and never get fixed correctly. When there is lots of work and employees are a premium the market works you mess up my pay too many times I go somewhere else now there is no somewhere else and if you make too big a stink you will be in the first group laid off
01:13 AM on 05/21/2012
LonnieJoe rather incoherently said, “As for wage fraud it happens all the time... so if you have to work 5 or ten minutes over you don't get paid for that time once in awhile it's ok but if it consistantly [sic] happens you're getting cheated of money...”

For Gawd’s sake man, you are talking about a few minutes a day. Why should that matter? Let the company take a few minutes of your time. Perhaps your career would have a prayer if you weren't worried about donating a few minutes of your precious time to promote your career.
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HUFFPOST SUPER USER
Sweat Hog
11:20 PM on 05/20/2012
Finally...someone who addresses the real issues!
professor
Correkt the Spelling and Pick on the Moniker
11:17 PM on 05/20/2012
Notice how the trose with their "job creators" talking point ignore the fact that HARD-WORKING Americans, Americans WITH JOBS, Americans WHO ARE NOT ON WELFARE, are being exploited by these usurers. Trose who work for the fscsts always ignore facts like this, because, if they didn't, they would have to admit that they work for lazy theves.
11:01 PM on 05/20/2012
My wife is a food server. Required to clock in 10 minutes before her shift, her time is then "adjusted" to the actual start of the shift. She is required to pay $4.00 per day for food, whether she wants it or not, and is forbidden to take it off the premises. It must be eaten in the restaurant off the clock. She must clock out before collecting her credit card tips for the day and then is required to do "sidework" and roll silver off the clock. Servers are commonly required to break down, clean, and reconfigure tables and banquet rooms for a rate of about $2.00 per hour. She must also "tip out" for a bus boy. Not only does this guy get an attitude if he is actually expected to do his job, but he doesn't even get the money! It is put in a "special account" and used to pay his minimum wage salary. The place she is working now, is just a hash house, but she used to work in one of the best known places in the state-which shall remain nameless, for obvious reasons-and their practices were similar, such as once a month required wine classes with the sommelier-unpaid of course. They have one of the best wine cellars in the world and pulled this crap on their employees! Plus every couple of weeks a shift in the kitchen was required-you guessed it $2.00 an hour!
Pauline Jaing
Artist, worker, mother
10:32 PM on 05/20/2012
Who started this #($)#( about welfare liens, Clinton? Was that part of his "reform"???

I have news: they do not pay a working class man enough to support ONE famly, much less two -- so when you say a man should pay child support, you are saying his new wife should as well (it is a TWO wage earner economy). Everything is so WHACK its unbelievable.

I also have news: the rich get ALL their money frrom labor, by preying on labor; in one sense, I do not mind as they are just organizers, but they think they are a lot more, and that is when we get into trouble.

As Abraham Lincoln said: "Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration."
Read more at http://www.brainyquote.com/quotes/quotes/a/abrahamlin395631.html#GcjTJe5PpVoMZerF.99
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HUFFPOST SUPER USER
Y Woodman Brown
live & let live
10:17 PM on 05/20/2012
Thank you for writing this article. Do you plan to get printed versions of it via other media outlets? That would be nice—sort of like a suicide note.

Listen: there is no hope. Decency is dead. And the poor are the scapegoats.

Usury is now the norm. Business no longer accepts its own operating risk. Government isn't government anymore--it's a pre-Wall Street training ground and a post-Wall Street proving ground.

We've crossed a population threshold. The last forty years of every rising costs have escalated numbers into the mind boggling billions and trillions. That insanity which sets-in via the inability to comprehend ridiculous high numbers and their penchant for multiplication is a mental illness which manifests itself as viewing people, not as human beings, but as consumers, demographics, units.

If the white collar world woke-up tomorrow and discovered that all of the rest of us had simply croaked over night? There'd be a week long celebration. At the end of this, a series of demotions would come down from the top and who ever doesn't hold a position in a profit center would be handed a blue shirt and told to clean-up that mess.

This is the real goal.

Frankly, if the new government would just get into the business of handing-out arsenic pill, I'd be quite happy to swallow one. At least I'd be engaged in a system that's more honest. And, really, I've been missing George Carlin anyway.
This user has chosen to opt out of the Badges program
11:55 PM on 05/20/2012
The white-collar people are under attack too.

Any job that can be performed at a desk or a computer can be performed overseas for much less; e.g.:

o computer programmer

http://www.liveleak.com/view?i=4ea_1195705444
LiveLeak.com - "30 Days: Outsourcing" (2006) (Part 1/2)

The "star" is Chris Jobin, a programmer whose job was outsourced to India. He traveled to India and stayed for 30 days as an employee of a call center.

o accountant
o architect
o engineer
o radiologist
o car designer
o legal services:

http://www.manufacturingnews.com/news/10/0126/outsourcing.html
Outsourcing Firms And Foreign Countries Target More American Service Industries, Especially U.S. Law FirmsAny job that can be performed at a desk or a computer can be performed overseas for much less; e.g.:

o computer programmer

http://www.liveleak.com/view?i=4ea_1195705444
LiveLeak.com - "30 Days: Outsourcing" (2006) (Part 1/2)

The "star" is Chris Jobin, a programmer whose job was outsourced to India. He traveled to India and stayed for 30 days as an employee of a call center.

o accountant
o architect
o engineer
o radiologist
o car designer
o legal services:

http://www.manufacturingnews.com/news/10/0126/outsourcing.html
Outsourcing Firms And Foreign Countries Target More American Service Industries, Especially U.S. Law Firms
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HUFFPOST SUPER USER
Y Woodman Brown
live & let live
08:17 AM on 05/21/2012
Yes, it's turned just nuts out there...you're right, white collar certainly doesn't mean now what it used to...

Gee, come to think about it, that income gap has become so enormous that, what I really meant, I guess, is the 1%.

Thanks for the links.
This user has chosen to opt out of the Badges program
10:07 PM on 05/20/2012
What a nasty society we are becoming. It might be better to develop a reasonable workhouse concept than to let the poor be tormented like this.
This user has chosen to opt out of the Badges program
12:24 AM on 05/21/2012
Could the past become our future?...

http://libcom.org/library/us-thibodaux-massacre-1887
US: The Thibodaux Massacre of 1887 | libcom.org

"One of the most interestin­g, and probably least known events in Louisiana history is the Thibodaux Massacre of 1887, the second most bloody labor dispute in U.S. history.

Although most of the blood letting occurred in the environs of Thibodaux, the strike encompasse­d a larger area. The strike affected sugar plantation­s in St. Mary, Terrebonne ,and Lafourche parishes. These parishes make up an area known as the "sugar bowl." Thibodaux is the parish seat of Lafourche.

The plight of the sugar cane worker in 1887 was one of back-break­ing labor and meager pay. Most field hands were paid approximat­ely 13 dollars a month. They were also paid in script. Script was basically a coupon redeemable only at the company store owned by the planter. The store´s prices were normally marked up 100%. You can see that the worker usually wound up being indebted to the planter. Louisiana law stated that if a worker owed money to a planter he could not move off the planters land until the debt was paid. This law essentiall­y reduced the plantation laborer to the status of serf..."
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HUFFPOST SUPER USER
Hikerguy22
This is your carbon footprint
09:25 PM on 05/20/2012
The poor or almost poor are such easy targets for utilities, local, and state government. Get a DUI, see what happens. Try to make a call from jail, see what happens. Be late on a water bill and see what happens. I will be headed for Brazil in an area that has no jails, so I wish you all well. I will take my chances there. Here in the USA you know you do not have a prayer from these legal crooks.
08:46 PM on 05/20/2012
The best way to help the poor is to help them to be prosperous, and the best way to accomplish that is to support economic freedom, which is the great job and prosperity creator. Unfortunately the current Federal regime is much more interested in shackleing job creators, controlling , regulating and verbally attacking them, than it is in getting out of their way, and allowing them to run and expand businesses, which, as a by product, create jobs and prosperity. Policies, foolish if their aim is to help the poor, but smart if their aim is to help politicians supporting them, such as forcing banks to make bad loans, which ultimately led to the most recent U.S. financian crisis are a good example of government injury to the poor ( and , indeed, to the entire country ). It takes more than announded good intentions to do good. One must actually know enough to understand he will get the type of behavior he incentivizes.
09:52 PM on 05/20/2012
The "job creators" haven't been creating jobs for a long time.
http://www.businessweek.com/the_thread/economicsunbound/archives/2009/06/a_lost_decade_f.html
We've been subsidizing businesses as they ship jobs overseas. This article suggests that there should be more oversight especially for companies that try to engage in illegal wage practices. I myself had been a victim of this several times. One job hadn't paid me in five weeks and then the 6th week, I was given a $30 check. In essence I had been paid a penny for each hour I worked. Needless to say, I started writing letters to the CEO until it was rectified (even so they still shortchanged me $60). Another job would tell me the "check was in the mail". A month later I finally receive payment and this continued up until I threatened to leave (I left anyway shortly thereafter. My patience had been used up.) Some "job creators" are unscrupulous and there should be a checks and balances system in place.
09:19 AM on 05/21/2012
I agree with you that fraud should be prevented, and punished. And I am not in favor or subsidizing businesses or individuals. One of the things that those on lhe left so often fail to understand, is that the great majority of fraud in the business arena is committed by, or with the connivance of, government. Take Solyndra for example. In my state, we had a governor whose method of fraud was to create a monopoly, and then sell it. He created monopolies in the nursing home field and other related health care fields (certificates of public convenience and necessity), and sold those for secret payoffs, and was tried several times by the Feds. Found not guilty by juries from a big handout recipient city, New Orleans, one of which stole the towels etc from the hotel. Finally he created a gambling monopoly, sold it , was tried and convicted. What many of the public never understood was that the real damage he did to the public was not the few million he stole. It was the monopolies he created, which I would estimate, cost the public 50 million for every 1 million he got, by being able to charge higher prices and provide less service.
11:08 PM on 05/20/2012
Right! The poor caused it! Not greedy loan underwriters and mortgage companies who could collect their fees and then just walk away with their money, while the paper was bundled and sold to investors. Get real. And stop listening to Rush! And remember W said his constituency consisted of the haves and the have mores!
09:29 AM on 05/21/2012
Where in my post do you find a claim that the poor caused anything? If by "it" you mean the recent financial crisis, the fundamental cause was the government, led by Barney Frank and Chris Dodd, forcing banks to make bad loans. Wall street, many of whom are the democrats big financial supporters, then put these bad mortage loans into packages and sold them worldwide. And many investors, some of them foreign, assuming banks knew the lending business ( not taking into account the fact that government forced them to make bad loans) bought those packages of mortgages and mortgage backed securities, and , of course there was ultimate collapse.
Frank and Dodd may have started out to " help the poor" but it takes more than good intentions to do good, and what they accomplished was to assist in defrauding the world.