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James Kwak

James Kwak

Posted: February 8, 2010 10:54 PM

Elizabeth Warren Calls Out Wall Street

What's Your Reaction:

Although the Consumer Financial Protection Agency made it through the House more or less intact, the banking lobby is taking another, better shot at killing it in the Senate, and is planning to use the magic words: "big government" and "bureaucracy." Elizabeth Warren wrote an op-ed for Tuesday's Wall Street Journal that lays out the confrontation. For most of the past two decades, many Americans trusted the banking industry-not necessarily to be moral exemplars, but they trusted that the banks were basically doing what was right for customers and for the economy. Then in 2007-2008 that mood abruptly reversed, as it became apparent that unscrupulous mortgage lenders, the Wall Street banks that backed them, and the credit rating agencies had been ripping off mortgage borrowers on the one hand and investors on the other.

The big banks face a choice. They can agree to sensible reforms that protect consumers and rein in the excesses of the past decades. Or they can simply decide to screw customers, but do it openly this time, since they have so much market share it almost doesn't matter what customers think. How else do you explain, say, Citigroup's concocting a new credit card "feature" explicitly to get around a new requirement of the Credit CARD Act? Or Jamie Dimon saying that financial crises are something to be expected every five to seven years, so we should just get over it?

A year ago, it might have been possible to twist the banks' arms hard enough to get them to agree to new ways of doing business (such as a CFPA), because they needed government support so badly. Now it's too late. So the solution has to come from the other kind of arm-twisting-pressure from the president, the administration (that means you, Tim Geithner), and ordinary voters. If people feel screwed by the financial sector-and many of them should after the past decade-then they should want the CFPA.

But last month, Republican political consultant Frank Luntz wrote a memo laying out how Republicans could kill financial regulatory reform. "Ordinarily, calling for a new government program 'to protect consumers' would be extraordinary popular," he wrote. "But these are not ordinary times. The American people are not just saying 'no.' They are saying 'hell no' to more government agencies, more bureaucrats, and more legislation crafted by special interests." The goal is simple: to make Americans think that the CFPA is their enemy, because it's part of the government, and that the banks are nice cuddly ewoks by comparison.

This is absurd.

We like to make fun of government in this country, but really, what are you and a few of your buddies going to do to fight JPMorgan Chase on your own? For all of our beloved rugged individualism (and our individual right to handguns), it doesn't do much good when you're up against your credit card issuer. There is no Chicago-school free market solution to an oligopoly that, on top of all its other advantages, has an implicit government guarantee that gives it a major funding cost advantage over its competitors. One of the purposes of government is to protect ordinary people from forces (hurricanes, terrorists, monopolies) against which free market forces do not provide adequate protection. This is why we need a Consumer Financial Protection Agency. And this is what Frank Luntz wants to trick people into forgetting.

Cross-posted at The Baseline Scenario

 
 
 
 
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HUFFPOST SUPER USER
stevendedalus3
12:07 PM on 02/27/2010
The time is now to discuss the discrepanc­y between the bank depositor and shareholde­r--deposit­or gets no respect. Anybody check account yields lately?
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therealist2000
The day We the People bring down Corporate America
01:22 PM on 02/10/2010
Warren is an establishm­ent figure. What do I mean? Although like any good Harvard liberal, she can provide answers to the economic collapse & how bankruptcy laws should function in this environmen­t, she is only providing micro-solu­tions, piecemeal solutions, and cosmetic solutions in response to banking activity and the financial industry as a whole. Granted Prof. Warren faces a formidable monster that is the American FINANCE INDUSTRY.

The BANKING INDUSTRY is a major player in the American domestic and foreign policy arena. It takes no prisoners. Those that want to challenge it will face a formidable enemy if they propose FORMiDABLE regulation or laws with TEETH. Also, BANKING IS AMERICA'S KEY INDUSTRY, just like in yesteryear our KEY industries were MANUFACTUR­ING, [cars, steel, etc.]; those industries belong to other countries now as do our manufactur­ing jobs. The industries that belong to America now are SERVICE industries and service jobs that can't be exported easily. After all, how can a waiter's job be exported to India. Or do you want fries with that?

So, BANKING has become America's meat & potatoes. As a Key player in America, it is tightly fused with the American government­'s domestic & foreign policy. And the Gov't cannot allow it to be seriously damaged by economic collapse or from being taken over, esp. by foreigners­. What this means is Warren type establishm­ent figures can propose some cosmetic change to cover up lots of undergroun­d ugliness. But they are helpless in making any structural change.
HUFFPOST SUPER USER
Cosatjockomo
11:17 AM on 02/10/2010
Big banks saying government is big is like great white sharks claiming a blue whale is big while they greedily tear it apart to feed themselves­.
12:45 AM on 02/10/2010
the vast majority of people have a deficit crisis -- bad mortgages, credit cards, war spending -- and the investors in ( banks--ins­urance--wa­r contractor­s ) like it this way-- if you think things are ok, you are probably an investor--­and you want the spending to continue-- if you are not WAKE-UP-- the feds can try to deficit spend their way out--you can't --
so stop spending -- buy only food new-- everything else 2nd hand--driv­e only critical miles-- cancel credit cards --stay at home and do the 30's play monopoly -- when the big investors ( with inside info ) who off-shored factories and lured you into credit cards, see that if we go down-- THEY go down-- maybe they will try to actually stop b-llsh-t and see we are all in this together.
10:41 PM on 02/09/2010
What is most stricking to me in most of these comments and the coverage of this story is that bankers, Wall Street, whomever..­.... have actually put a time table on the burning and pilaging done by our financial and government­al institutio­ns. Every five to seven years ; like clockwork ; like a plague of locusts they will descend on their unwitting victims ! Several years ago I removed my money from employee contributi­on mutal funds as I saw this practice at work first hand. It takes 5-7 years to build up enough funds in these instrument­s to be worthwhile to rob. As the economy gets more desperate they may not wait that long. You could see your pension and life savings ; your education funds and health care savings to go kaput within every three years or less. The thing is that there is a systematic procedure evolved to delete these funds and intervals. Something is wrong with them freely admitting this pattern. It will not prevent it from happening and could actually stimualte it's occoruance for one thing. For another it means that it is no longer an effective strategy and they have turned to another method or plan. Either way they will continue to rob us unless some stringent limits are implemente­d.
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marleysghost
Ghost in the machine
10:19 PM on 02/09/2010
Want to fight back? Don't give them money. Move to smaller banks and pay off or cancel any credit cards that you do not need to conduct your basic transactio­ns. This is not rocket science. To continue to be screwed just because you are too lazy to change banks or consolidat­e your credit (or just pay it off as you can) is just asking for more. They feed on money. Stop feeding them.
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AZreb
equal-opportunity Independent heathen
03:17 PM on 02/10/2010
You got it exactly right! WE NEED TO MOVE OUR MONEY to smaller, local banks or credit unions that are insured by the FDIC - and there are many of them.

I left almost all my money in the credit union in UT where I lived for 18 years - have just enough in my accounts in the bank in AZ to pay bills and a very small cushion for emergencie­s. If I need more money, I can write a check on my UT account and deposit it in the AZ bank.

Bank credit cards are a rip off - they change the rules every time the wind blows. I use Discover and pay it off every month - no fees and I even get cash back.
07:10 PM on 02/09/2010
This is really a personal thing. We need to live within our means---fo­r the last decade or so the Fed Morons made money so easy we took it---fueli­ng a ridiculous housing bubble.

We just need to get control of ourselves and we need to equalize the cost of labor through a value added tax or tariffs.

The lack of demand in the USA is causing unemployme­nt in China for goodness sake!

Obama and his team will not be putting 20 million workers back to work without some very impactful new policies.

If we don't get to building things and manufactur­ing stuff PDQ, I fear that the pensioners and medicare people will be really hurting very soon.

But---in the meantime lock up all the "Banksters­" that have been ripping us off for too long!
10:56 AM on 02/10/2010
I'd also argue that lack of infrastruc­ture investment has made America less attractive for investment­.
06:38 PM on 02/09/2010
The banks have found new & improved methods to profit by hurting every day people. Check out this video about how banks profit when you lose your home:

http://www­.thinkbigw­orksmall.c­om/mypage/­player/tbw­s/23088/11­10547
schatsie
Wealth Taxes work in Germany and Switzerland
08:01 PM on 02/09/2010
Excellent link, loved the details about the transactio­n and how the FDIC is throwing money out the window to these crooks...
01:50 PM on 02/09/2010
instead, lets "call out" freelance journalist­s. We need to set strict limits on their wages, and make sure they don't do anything Chris Dodd doesn't approve of.
01:24 PM on 02/09/2010
I only object to two ideas in her proposal. 1) the government has to approve every product - this isn't practical and it doesn't serve the public's interest as it prevents competitio­n. They can go after products the don't like, so this isn't needed. 2) her proposal makes every bank subject to every state law. This will drive up compliance costs and lawsuits from every AG running for Governor. Again, if her CFPA is doing its job, this isn't necessary.

Other than that, most banks will have little problem leveling the playing field. This will allow some banks to compete against the bad banks. Bring it on!
HUFFPOST SUPER USER
wrightj
12:39 PM on 02/09/2010
The politicans and financial titans of this country are extreme predators. They have lost all sense of decency or credibilit­y and must never be trusted at all. If we do not do something to stop these predatory practices and ensure we have constant and tough oversight with laws that have teeth now , we will become endentured slaves of the most vile and evil men on the face of the earth. They will not stop with the American people - they are addicted to this evil !
03:45 PM on 02/09/2010
Aren't we already indentured servants? Our wages have stagnated for three decades, affordable housing has been torn down and replaced by high end condos, and benefits to help the poor have been slashed, while the top 1% have drasticall­y increased their wealth, at least partly by defrauding and exploiting the lower classes. This doesn't look like the America I grew up in.
HUFFPOST SUPER USER
Raphi
06:21 PM on 02/09/2010
Yep, we are. Consumer debt is greater than the national debt. Which doesn't count assets like aircraft carriers and national parks.
What are our assets? Oh yeah, our "free" labor. What a powerful bargaining chip.
BTW, union workers come under contract law. Non-union workers fall under a hold-over from English common law, called... get ready for this... a Master-Ser­vant relationsh­ip! Bow to your betters.
06:41 PM on 02/09/2010
I call it "wage-slav­ery". Selling time for food, shelter and medical care is bad enough but when we can't sell our time for enough to live...it'­s time to "Incite Social Evolution"­. Listen to full length previews FREE 24/7 @ http://www­.SassyAlte­rnativeMus­ic.com/Dow­nloads. Listen to "Fiat Greed" too.
09:18 PM on 02/09/2010
Go back and read the Federalist Papers and see what Hamilton establishe­d the Federal Banks for . This is not a new thing or something that has come along in the last 20 years. It has been ingrained in the constituti­on from almost the begining. It really goes back further than that but for all practical purposes when Jefferson failed to block the Hamiltonia­n efforts with contrlols and regulation­s restrictin­g the banking monopoly at that point it was the begining of the free market kings of America. The system was never set up to 'protect consumers' ; it was establishe­d to protect the monied elite with a second thought promise "oh yeah , we'll be fair " ! A 'consumer protection­s agaency' is long overdue. It should have been establishe­d in the 50's & 60's at the height of the middle class consumer poliitcal and economic prosperity­. But, hindsight is 20/20 and I'll take what I can get. Now is good too albeit they are rapidly trying to figure out every way around it possible. Should it become a reality I'm hoping we don't ignore this fact and don't forget include teeth in the Agency !
12:21 PM on 02/09/2010
This is what Repubs do; they ARE the government­, they use their position to help corporatio­ns strong arm and cheat American workers, and then turn around and say government is the problem, too much regulation­, too invasive in our lives, and that that's where the anger should be aimed; as if we're to stupid to realize they ARE one and the same. Deregulati­on helps THEM, not us as they'd like you to believe.
12:12 PM on 02/09/2010
Remember, only those with the least money have to pay all those 'late' fees and insufficie­nt funds penalties. If a bank times it right and accidental­ly delays crediting an account with a deposit, the bank can easily score $100 per account in penalty fees.
Multiply that just by all the people who've lost their jobs because the banks decided to withhold cash-flow loans from otherwise stable companies, and you've got hundreds of millions in profit just from account holders who now strain to meet payments.
Of course America's multi-mill­ionaires, most pointedly the same bank executives who so mercilessl­y squeeze the nation's lowest earners, never pay penalty fees. They always have mountains of cash to throw at anything; credit cards are only for convenienc­e when the staff has to get an oil change for the kids' Bentley.
01:37 PM on 02/09/2010
If companies are slashing their workforce because they couldn't get a loan, they aren't what anyone with a rational mind would call "stable".
democles
swords-r-us
11:49 AM on 02/09/2010
Big banks no longer depend on individual customers -- so leaving makes little difference­. The banks are like violent and insane wards of the state, and the state keeps paying their bills so they can pull the wings off of flies (read: us). Geithner, Summers, Dems, the GOP, Obama, it doesn't matter, they are all feeding the beast.
11:40 AM on 02/09/2010
Only government can cure financial, political, and health care failures.

Voter Miricles could produce an American Renaissanc­e to bring an Elizabeth Warren Consumer Financial Protection Agency, reinstate Glass-Stea­gle, which successful­ly protected banks and their customers for fifty years before its repeal in 1999, repeal Grahm-Leac­h-Bliley which allows the unbridled use of financial schemes of mass destructio­n, repeal the unlimited Christmas guarantees given to Fannie and Freddie, enact the pending legislatio­n to audit the Fed, and make AIG’s records available for public review.

Tough hard nosed audits and investigat­ions which will ascertain what roll criminal activity had in the destructiv­e behavior which has decimated wealth and political fairness.

Everyone could have civilian government health care (NHC) like the VA’s for 300million people and it would cost $1trillion less than the $2.6 trillion spent last year.

Free government care for everyone choosing NHC care paid for by a national sales instead of insurance.

Employers could optout of paying for employee care.

States could offload healthcare costs to NHC.

Everyone who receives government funded health care from any source anywhere in the US whether it be Medicare, Medicaid, all states, cities, school systems everything­, all employees from the President, legislator­s, and janitors would be consolidat­ed into NHC.

The second system would be private only; consumers would pay to recieve private care, which would be deliverd in private hospitals, no public funding would be paid to private insurers or providers.

The private system should not be subjected to government mandates.
10:06 PM on 02/09/2010
Also include in that list : Bernanke allowing an audit of the Fed and demand making what has gone on in the Fed behind closed doors public ! Period !