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Janet Tavakoli

Janet Tavakoli

Posted: July 7, 2010 09:27 AM

Should Taxpayers Continue to Subsidize Goldman Sachs's Alleged Obscenity?

What's Your Reaction:

The U.S.'s Financial Reform bill is over 2,000 pages. It includes exemptions and lots of opportunities to create loopholes. Behavior that caused our ongoing global financial crisis is guaranteed to continue, if we don't have swift and effective deterrents.

Broadcaster Max Keiser interviewed Luc Saucier, a Parisian lawyer to the financial community and Fulbright Scholar, on how to create a fast remedy to amoral behavior in the global financial markets.

Saucier asserts that if you are making money on Wall Street--or at a hedge fund--there is no law, except the unwritten law: Don't get caught.

Financial institutions used extensive legal resources to "technically" comply with the law. (In many cases, laws were broken, but this interview is not addressing those cases of illegal conduct.)

Saucier explains that labeling a financial institution "obscene" is an effective social deterrent. U.S. citizens have the right to own property and to make money. We also enjoy freedom of speech, up to a point. The Supreme Court stated that when "art" becomes obscene--and the court worked hard to define what is meant by "obscene"--it is no longer considered art and does not enjoy the protection of freedom of speech.

The most highly compensated players in finance are hedge fund managers earning $1 billion to $4 billion per year. Saucier says that when you see someone making money--billions of dollars a year in bonuses by exploiting the subprime crisis--then one can take the view that part of the remuneration is obscene. The same can be said for many bank CEOs, who may earn somewhat less economic compensation, but enjoy countless valuable perks.

Banks enjoy taxpayer-funded benefits including tens of billions of bailouts and ongoing funding subsidies. For example, Goldman Sachs and Morgan Stanley receive taxpayer subsidized funding by virtue of their new post-crisis ability to borrow from the Fed. Taxpayers may decide that just as we don't wish to fund obscenity posing as "art," we don't wish to subsidize "finance" that is simply obscenity.

Mr. Saucier puts it this way:

"They are committing acts of obscenity...They are morally bankrupting society...It's obscene like kiddie porn is obscene...On the financial front that's what [corrupt financiers are] guilty of."

Financial firms pay a lot to circumvent laws, and they are more aggressive and faster than our ability to legislate.

Max Keiser notes that if a firm is branded with an obscenity label, it would be a moral deterrent:

"In the arts, if you are labeled as obscene, your access to prime time major network is cut... It could be a huge deterrent, because then the obscenity risk...would have to be discounted in the share price. Goldman Sachs's was up to $200 and is down to $130 because of the [unstated] obscenity risk."


The discussion begins at 13:00 on this July 6, 2010 edition of The Keiser Report:

Janet Tavakoli's book on the causes of the global financial meltdown and how to fix it is Dear Mr. Buffett: What an Investor Learns 1,269 Miles from Wall Street.

 
 
 
 
 
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04:14 PM on 07/08/2010
Good point. There is social moral hazard in addition to financial moral hazard. When there is a double standard in society, eventually the left-outs take notice and start emulating the bad example at the top. At that point the good order of society begins to break down as parasitism increases at all levels.
01:24 PM on 07/08/2010
The Constitution allows for uniform laws of bankruptcy; the government , no longer defending the Constitution, chose to ignore those laws and should be fired. Bankruptcy would have allowed reorganization, if possible and would not be taking the future earnings of our children and grandchildren to prop them up. We the people would have been strong enough, brave enough and responsible enough to weather that storm....this government takeover is a whole other animal..God Bless America
04:30 PM on 07/08/2010
The Constitution didn't anticipate powerful corporations. The word "corporation" isn't in the Constitution.Corporations were originated at the State level and that's where they'll have to be stopped with a Constitutional Convention demanding that strict rules be explicitly stated regarding their status in the national economy. The first, and possibly only, issue that needs addressing is the matter of "fictitious persons" having "all the rights and privileges" of a "real person". That's the legal wedge that holds open the door to overwhelming power.

Secondly is the issue of "limited liability". Only a corporate lawyer could have sold that bill of goods to the hapless electorate.

These two issues are probably the ONLY issues our polarized society could agree on, in sufficient numbers, to pass ratification. We could argue ALL the other distractions in Congress after that and the consensus would be representative of the public sentiment. As it is, the only representation we have is corporate representation. And it's not working for any of us mere mortals.
nothing2fear
They only call it Class War when we fight back.
01:09 PM on 07/08/2010
Our founding fathers started this nation in rebellion to the collusion of the British company (East India Trading Company) and the British Empire. When the East India Trading Company tried to destroy our tea industry with cheap tea from Asia. Remember the Boston Tea Party? That was a collusion of the East India Trading Company and government. Britain to allow them and exemption from taxes that would have allowed them unfair advantage over the colonial tea industry potentially destroying around 10,000 colonial jobs. What did Americans do then?
04:10 PM on 07/08/2010
I believe they held a Constitutional Convention (but they had to fight a Revolutionary War to win that right; we don't, or shouldn't, have to)
nothing2fear
They only call it Class War when we fight back.
01:50 AM on 07/09/2010
I know, so what do we do? How do we unite our people to right our nation that seems to have taken such a disastrous direction? How do we get the people to get involved it is almost like we fight each other over the micro problems while ignoring the macro problems.
nothing2fear
They only call it Class War when we fight back.
11:48 AM on 07/08/2010
What do you think would have happened if instead of giving trillions to those who destroyed the economy and have perverted commerce? What if they had put up those trillions for small business loans. Small businesses create 60% of the jobs and are ignored by government. They do the American story, the American dream without welfare from government without damage to the economy, without buying laws that give them advantage over their competition.

The system is broken and it is up to the people to get mad. To take what money they have back. Get out and stop being so complacent. Everyone "feels" something is wrong most just can't put their finger on what it is, there is a reason for that. It is because there is so very much wrong and it has been going on for so very long that it all seems normal, it isn't. Your feeling is right these people are obscene, they are grotesque, they are an abomination to freedom and commerce, and democracy.

Hey I wasted most of my life thinking there was nothing I could do to make a difference so I let myself be bought in this guerrilla "war" they wage for power and money. I am so sorry and I apologize for my lack of vigilance we all need to apologize to ourselves, our children and those who have fought and died for this nation for we may have allowed freedom to slip from our grasp without a whimper.
10:42 AM on 07/08/2010
Perhaps if they paid a larger share of their earnings in taxes to support the society the same way individuals do they would have less to spend on lobbying.
nothing2fear
They only call it Class War when we fight back.
12:02 PM on 07/08/2010
That is most likely a good idea, but it is a micro solution to a macro problem.
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AuldLochinvar
10:26 AM on 07/08/2010
Part of the trouble is, that we are NOT a democracy as long as the information services: newpapers, movies, TV, even PBS, are beholden to corporate advertising.
We are a plutocracy, a nation ultimately ruled by money.
nothing2fear
They only call it Class War when we fight back.
11:05 AM on 07/08/2010
You are right and then you are wrong, it is not the advertising that they are beholden for it is that these media are actually bought and owned and therefore controlled by those wealthy (the combined resources of the ultra wealthy those 2% of the population that own 50% of all stocks and bond combined with the funds of those of us who invest in the market through 401's and creates a horrendous pool of funds) with this it is possible to buy the media I mean buy the news papers and radio stations that don't follow along, that might oppose their needs and then they control what it says completely. They are free to misinform the people or just not mention a word of what they know.

Some news papers in Oklahoma and a few other states in that area were editorializing against that highway from Mexico to Canada (which was not well known to the public) so they bought 40 news papers. Now they can tell the people what to think through their trusted media and they will. This same strategy was used at the turn of this century by big business and it is still in used today. Buy the media and it will always support your position.

I know I am a little incoherent, but there is so much that is wrong because it has been headed in the wrong direction for so very very long.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
10:23 AM on 07/08/2010
The ultra-rich profiting from the labor of others is the essence of Capitalism.
Goldman is not obscene, our economic system is.

Like all corporations, Goldman doesn't really exist. Sorry SCOTUS, it's not a person.
It is just a front for rich investors, which shields them from liability.
nothing2fear
They only call it Class War when we fight back.
11:19 AM on 07/08/2010
You are right but then any commerce is to some extent capitalism. If a guy has an Idea and he works his butt of making it a success hires people and pays them a living wage, then Incorporates sells stock to grow and pays a fare return on that stock that is capitalism. The basic commerce that supports the system we live in is not the problem it is when there come about a union of the corporate entity and the political entity so that they work in concert for advantage in the market place of special interests that we see a problem and it is a big problem.

They pass laws that make their machinations legal so we the people when we are wronged have no recourse, our political arena is so beholden to these big corporate entities that after they robbed the world and sent us all into this distressing financial mess our politicians gave them trillions. Yes there is a problem we the people have been complacent.

The internet is spreading the word and you can mark my words they are trying to figure out right this minute how to neutralize this venue and use it to disseminate just what they want us to know.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
11:34 AM on 07/08/2010
You're confusing "capitalism" with "free market".

When someone works their butt off, hires people, builds a business and gets rich, that's "free market".

Karl Marx coined the word "capitalist" to describe someone who benefits from capital, not labor. From having, not doing. So capitalism is the end of your story: the capitalists are the rich who come in and buy up the company, then receive the benefit of it. The true capitalists are trust-fund kids, Paris Hilton and the like.

An entrepreneur is not a capitalist; an investor is.

Capitalism does not apply to businesses that need little capital to start. For example, a computer software or web company: it takes very little money to start one, computers are cheap. That's free enterprise, not capitalism. Starting a car company, or even an auto dealership, takes capital.
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AuldLochinvar
10:22 AM on 07/08/2010
What's the difference between what Goldman Sachs leaders did, and plain old embezzling?
If you pocket money which you have not earned by providing benefits to society, are you not a thief on the felonious scale of your unworthy remuneration?
How can anybody's labor be worth many thousands of tiimes what an honest farm worker earns?
10:38 AM on 07/08/2010
That's the "million" dollar question isn't it? But these hucksters will tell you they deserve it because they are just as valuable as actors and ball players. Thing is they produce no end product or provide no service. Actors and ball players do.
nothing2fear
They only call it Class War when we fight back.
11:29 AM on 07/08/2010
Yes these fatherless swindlers are crooks; they are playing for big stakes Empire-ship. The Supreme Court has said money is free speech and they have all the money in the world now. Our politicians gave them more; they have given them laws to make it easier for them to swindle use with impunity and money to continue business as usual.

Unless we the people get to doing something we are an endangered species, freedom is endangered, choice is already being strangled. We are so divided by a media that has been literally bought that we as a people have fallen into the old situation of the Mushroom "Keep in the dark and fed manure".
08:45 AM on 07/08/2010
Ever wonder where your retirement went...Goldman sold the institutional investors who manage it to buy junk so that they could send a billion dollars to a billionaire. Tough luck working class!
08:22 AM on 07/08/2010
How about the tax-payer funding of the bloody illegal wars in the Middle East... does that qualify for "obscene"?
04:07 PM on 07/08/2010
Hear hear!!
08:03 AM on 07/08/2010
let's pump tax money into the institution(s) that ruined the economy and got us in this positon. yeah, that's smart. don't extend unemployment. let the people who destroyed the country continue to get tax money to do it again. the US is doomed if we don't pull our heads out of our asses REALLY soon.
07:49 AM on 07/08/2010
LOL

Goldman Sachs & JP Morgan are the Kiddie-Porn of the Banking Industry.

Watch the Repubs and the Conserva-Dems squirm in their seats when the Public realizes their Campaign Benefactors are Pornographers.
04:08 PM on 07/08/2010
That kind of reporting will never see the light of day, sadly.
05:45 AM on 07/08/2010
Good post like always. Highlights a reasonable strategy to assessing a name to the Goldman Sachs Wall Street crowd -- like: "bad behavior" could be called a "crook" or "over leveraging" could be called "theft." I am sure there are other examples to identify "malfeasance."

Your insights are always spot on. Keep writing!
researcher
researcher
05:33 AM on 07/08/2010
yes it is called capitalism where the one per cent control the other 99%.

and the one percent have 95% of the wealth.

and the one percent control gov even the supreme court soon to be lower courts.

they can even have it so corp's are called persons.

here is the best part they can even have it so money is considered free speech.

and you think the capitalists are not ten times smarter then the masses.

think again.

bet you are a capitalist to the core.

paradigm paralysis even while a economic system is causing a nation self destruction they want more of it not less.

the capitalists are smiling all the way to their banks to big to fail while america's love affair continues.

michael moore they did not get it with your latest movie on capitalism.

they did not get it with your movie on GM.

they did not get it with your wars for profits movie.

they did not get it with your guns movie.

you were right every time and they call you ignorant.

who is really ignorant. yes who.

americans are h... bent on self destruction.
nothing2fear
They only call it Class War when we fight back.
03:53 AM on 07/08/2010
Hey I'll buy it, but I agree it seems really a mild thing to do. I think sanction or just take every thing they got and divide it up among those they swindled. Like that would ever happen. These guys had to have passed the gauntlet on to one another on this one. This has got to be the biggest swindle con-game in the history of man and they still seem to have control of the court (or should I say government).