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Kathleen Reardon

Kathleen Reardon

Posted: September 13, 2010 04:33 PM

Remember Brooksley Born, former head of the Commodity Futures Trading Commission? In the late 1990s, Born sensed trouble was coming to a $25-trillion derivatives market. She pushed to strictly regulate derivatives under the Clinton administration, but lost the battle because she found herself on the wrong side of then Federal Reserve Chairman Alan Greenspan, Treasury Secretary Robert Rubin, his deputy Lawrence Summers, and Securities and Exchange Commission head Arthur Levitt.

To say Born's warnings were ignored would be an understatement. The gurus of the U.S. economy "dark markets" went after her.

Looking back on that time, Born told the Washington Post, "I was concerned about the lack of transparency and the lack of any tools for enforcement and the lack of prohibitions against fraud and manipulation."

Greenspan, of course, famously argued that there wasn't a need for a law against fraud because the market would take care of fraud on its own. Born recalled Greenspan's perspective as follows: If a broker engaged in fraud, customers would find out and stop doing business with him.

The dark market defenders went to battle against Born in 1998, fighting to block a concept paper she had prepared. Born prevailed and released the document, but was immediately labeled a "rogue regulator." Soon thereafter, Long-Term Capital Management, a huge hedge fund that bet heavily on derivatives, nearly failed and had to be bailed out by a group of banks.

Instead of offering Born an apology and thanks, the "Oracle" Greenspan and his crew lobbied Senators to place a moratorium on the power of the CTFC. They won. Born did not seek reappointment. And large-scale fraud, as we've since come to know it, was given free rein.

After the financial disaster was well underway, Born acquainted Greenspan with the fact that as Fed Chairman he had "failed to prevent the housing bubble, failed to prevent the predatory lending scandal, failed to prevent the activities that would bring the financial system to the verge of collapse." His response was essentially that sometimes he is wrong but he is right more often.

Today, given President Obama's hemming and hawing about appointing Elizabeth Warren to head the Consumer Financial Protection Bureau, it's not far-fetched to think that history could repeat itself. Another woman trying to break the old guard's economic chokehold could be shown the door.

Warren has compared predatory bankers and brokers to "financial wizards" who "loot from middle class families." She is not intimidated by Timothy Geithner. Nor is she naïve, as some claimed Born was, about the politics of Washington. Therefore, she is likely to be a "loose cannon" by Geithner's standards -- and that's not President Obama's favorite type of person either.

If the financial overseers do pull a "Brooksley Born" on Warren, they will be overestimating their own power and underestimating both the acumen and the power of Americans who supported President Obama in the past. They will also be turning their backs on those striving to join the middle class and those struggling to remain there.

If President Obama fails to appoint Warren -- or if he appoints her and his cronies render the Consumer Financial Protection Bureau powerless, he will lose the next presidential election.

Millions of Americans, and perhaps especially American women, will not stand idly by and let the establishment savage Warren, her skill, integrity and willingness to defend those not able to so aptly defend themselves.


Kathleen also blogs at bardscove.

 
 
 
Remember Brooksley Born, former head of the Commodity Futures Trading Commission? In the late 1990s, Born sensed trouble was coming to a $25-trillion derivatives market. She pushed to strictly regul...
Remember Brooksley Born, former head of the Commodity Futures Trading Commission? In the late 1990s, Born sensed trouble was coming to a $25-trillion derivatives market. She pushed to strictly regul...
 
 
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HUFFPOST SUPER USER
Passerineblue
Obama2012-Otherwise our goose is Koched
11:50 AM on 09/15/2010
It's clear from comments on this issue that there are many progressives/liberals out there who are disgusted with Pres. Obama's performance.

I for one would be willing to consider a grass roots attempt to take back the Democratic Party. Unless a miracle occurs, it doesn't look like Obama will win a second term. Although unprecedented, I think the Dems should start looking for someone else.

I do not think any third party would win. In fact, it would be more likely to throw the election to the Republicans. Remember Nader in 2000? Al Gore won the popular vote and he lost the election due to the Supremes' intervention. However, if Nader hadn't run, there wouldn't have even been an issue in FL, assuming the Naderites would have voted for Gore. Also, look at Perot. Or even Roosevelt's Bull Moose Party.
12:37 PM on 09/16/2010
I am not sure. If there is time for a grass roots revolution within the party it is 2012. The conservatives seem to be taking back the GOP in the primaries. While unlikely, it will be telling if they are able to stand up in the general elections.
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HUFFPOST PUNDIT
Ergon
Man From Atlan
12:40 PM on 09/16/2010
As a Nader supporter, I object to your presumptiousness in saying he shouldn't have run. He isn't a  Democrat, so you could just as easily say Pat Buchanan shouldn't have run.
Anyways, if Gore had carried his own state of Tennessee, he'd have won, regardless.
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HUFFPOST SUPER USER
Passerineblue
Obama2012-Otherwise our goose is Koched
11:27 AM on 09/15/2010
Obama simply does not want to go to the mat on anything. For once he has to throw himself into the battle and personally deal with the Republicans, not delegate to Rahm Emmanuel or surrogates. LBJ fought the civil rights battles in Congress by personally calling up and strong arming and threatening congressmen and senators. Obama needs to do the same thing. He failed to become engaged in the health care battle until it was so watered down it was meaningless and only really got involved when he saw his defanged bill might even fail. Even then all he did was give a few speeches and town squares.
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HUFFPOST SUPER USER
Passerineblue
Obama2012-Otherwise our goose is Koched
11:08 AM on 09/15/2010
This is the Rubicon for Obama. Ms. Warren is unbought and unbossed, no Wall Street connections, smart as a whip. In short the perfect candidate for this job. If he goes all wimpy on this nomination, he has lost me forever.

I actually saw Greenspan make the inane comment that the thought that the "markets" would correct for "fraud." As someone who has worked in the financial markets for decades, I almost fell out of my chair. He was either lying or is ensconced in an Ivory Tower.

This whole concept of "market correction" is absurd. Wall streeters are amoral. The only thing they care about is the bottom line. These evil geniuses concoct "structured finance vehicles" that are really just fraudulent hoaxes when you dissect them. However their creators don't see themselves as the fraudsters they are. These people are very smart and motivated by money. They need to be policed as they have no internal policeman (morals).

And, they need to be policed by people who are as smart as they are. Not, the SEC buffoons that Madoff blew off. We need about 1000 Elizabeth Warrens to police this crowd. But I would be thrilled to have even one at the head.
HUFFPOST SUPER USER
darma2u
10:09 PM on 09/14/2010
a side note on Greenspan- read "Greenspan's Bubbles...The Age of Ignorance at the Federal Reserve" by William A. Fleckenstein with Frederick Sheehan, sure looks like Greenspan 'cooked' the books so to speak in regards to what came out of the FED, the FED who is suppose to protect US. Instead the FED protected Wall Street, Hedge Fund Traders and CEO's ?. If you read this book you will wonder why they have not brought Greenspan, et al up on charges....since I'm not a lawyer, I'd say minimally maleficent and dereliction of duty (the duty to protect the American public not the Wall Street Gang).
HUFFPOST SUPER USER
darma2u
09:53 PM on 09/14/2010
Ist why are these guys so scare of Elizabeth Warren if they have their ducks in a row and had done. Also include Geithner with the rest, he was there with Greenspan he was part of the New York FED, see Frontlines The Warning about Brooksley Born.
Elizabeth Warren wants to protect the middle class and has stated what the Banks are doing wrong and wants regulations changed to protect us.
08:27 PM on 09/14/2010
Wow, I would love to see Ms. Reardon go toe-to-toe with Chris Dodd.
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keramos
Who are the brain police?
06:17 AM on 09/15/2010
I had a lot of apparently misplaced respect for Dodd. That's so gone now. I'd like to see him steamrolled. Timmy, too.
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HUFFPOST COMMUNITY MODERATOR
slaxx
08:00 PM on 09/14/2010
there's a lot of time between now and 2012 and obama knows that by then this appointmnt decision won't matter and that people will vote for him anyway because he's beter than the alternative.

also, this mess is squarely CONGRESS's fault - they are the ones who dereg'ed the market and allowed there to be no income standards whatsoever for buying a home. clinton did this under the premise that homeownership would increase wealth, but it didn't work that way and the system was abused and mortgages were given to people who should never have gotten them.

also, as much as i despise him, bush sent representatives to congress a half dozen times during his time in office to warn congress about the impending housing failure; one of them being alan greenspan, but congress only cared about the next election (as usual) and did nothing.
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Geauterre
Writer, Author, Commentator and Humorist.
07:18 PM on 09/14/2010
What's not been happening in the Obama White House threatens the President with no more than a one term in office. What could save him are a number of decisions. First, get out of Afghanistan; Second, stop the senseless drug wars that have cost this nation billions and gained nothing for it; Third, order the F.D.A. to implement stem cell therapies immediately, then order them to break off any and all ties to the drug and medical devices industries, and finally to set up a cooperating research link with European medical authorities; Fourth, ASSIGN ELIZABETH WARREN WITH FULL POWERS TO REMODEL A HAIR-BRAINED, HALF-WITTED FINANCIAL SYSTEM CONTROLLED BY A BUNCH OF WHITE GOOD OLE' BOYS WITH FRIENDS IN ALMIGHTY HIGH PLACES! Then, and only then, will the president have a shot at a second term. That way he'll have proven that if he didn't have what it took out of the gate, by the half-stretch at least he got his second wind!
09:03 PM on 09/14/2010
So basically do what NO other President in modern history has. In fact if President Obama does everything you suggest he is actually more likely to not run for a second term. First, plenty of people made tons of money from the financial crisis. Second, The senseless drug war creates billions of dollars for private prisons (jobs) and the police and corrections unions would be against a change in drug policy...they fought drug courts here in CA. Third, Stem Cell research is an elistist agenda item that carries know real political weight in the real world. Fourth, Elizabeth Warrren is already in.. The president will wait until the small businees and middle class tax cut bills are done and appoint her interim chair.
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renegade28
07:15 PM on 09/14/2010
I think the american people need to accept that the nation is permeated in corruption and always will be and move on from there. It will not ever change and so let's get over it and keep the corruption coming. Most make money from corruption in the U.S. today.
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Kassandra
Idiot savant artistic genius
07:14 PM on 09/14/2010
"Greenspan, of course, famously argued that there wasn't a need for a law against fraud because the market would take care of fraud on its own. Born recalled Greenspan's perspective as follows: If a broker engaged in fraud, customers would find out and stop doing business with him."

And we see how that has worked out.
And now we're in a second Depression..except for the wealthy, so I guess that's OK since, someday, we'll ALL be rich and we won't want to pay those pesky taxes either!
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keramos
Who are the brain police?
06:36 AM on 09/15/2010
Further to your point - we're all engaged, to some extent, in not paying those "pesky taxes" because of the boy george upward redistribution of wealth scheme we are participating in. We already know where this is leading us yet still we squabble about letting them expire/continue.

Nobody seems to want to face reality and begin repairing this mess. We're all complicit if we continue with this charade.
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06:46 PM on 09/14/2010
Of COURSE she will be "BB'd". The law she will be working under is a total farce. Not one of the major positions regulating finance or the economy is in the hands of an honest man or woman. Warren will be the token at the table, and will have zero real clout. Obama, Axelrod and others may stupidly believe throwing this pathetic little non-bone out will score some points, but they are rather badly mistaken - unless they fire Geithner, Summers, Shapiro, Bair and several dozen others, THEN hire Elizabeth.
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05:51 PM on 09/14/2010
Obama is no reformer. We must never forget that. Even if Warren is picked, he will undermine any real change.
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Laws456
Don't believe the Hype
06:11 PM on 09/14/2010
At this point, I'm not even worried about what Obama will do to stop any of her proposed changes, Dodd is doing a great job at attacking her.
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06:48 PM on 09/14/2010
So you're a Wall Street lawyer?
joefoss
They'll never take my panache!
05:50 PM on 09/14/2010
A powerful indictment of how both parties represent the same vested interests.
=As a member of the "professional left," I reached my "last straw" with President Obama's
feckless, if not hypocritical, approach to corporate regulation long ago. But, for progressives who are still hanging in there, reluctant to give up on what they perceive as the last, best hope of an America not totally controlled by the mega-corporations and their stooges in Congress, President Obama's failure to appoint/confirm Elizabeth Warren as head of the CFPB would mean that even these wishful thinkers would, finally, have to recognize reality.
=That's why, as the article points out, the White House will probably try to make it appear that they want Elizabeth Warren to get the Consumer Financial Protection Bureau job, but will look for some
bureaucratic "escape clause" to blame for her ultimate rejection. As supporters of the late, lamented "public option" well remember, making progressive initiatives (and people) disappear, is a Rahm Emanuel specialty!
11:15 PM on 09/14/2010
You are absolutely correct.
Remember how Obama & the Corporate Democrats kept baiting & switching us
on the Single Payer Option, and set it up for the Dems to cover their butts
while they killed the SPO.
I would love to see her get the job & raise some hell
but I know the guys in the smoke filled rooms will either bait & switch or neuter her.
05:14 PM on 09/14/2010
In general, O'Bama's financial acting has been a profound disappointment. I voted for R. Paul in the primaries, kind of for fun. But I voted for O'Bama in the general, because it was the right thing to do to get the Republicans out of there. But O'Bama is at his heart a lawyerly little lawyer, who looks good on paper, but in reality has never done anything. Healthcare? Looked like something, no one knows what it is, when it will change, ect... Kind of looks like a success but the bill is such a mess, that there is no clear change. The only people ordered to do anything are the uninsured. Kind of a failure really. No competition. That would have taken more effort. Financial reform? Clear failure. Everyone says it and knows it. 'Papered over' is the most used term to describe it. Warren? Do we really need another agency? No. It is pretending that the existing agencies didn't have this power. Warren is a non issue. Great woman, yes. As great a public servant as Born? No. Let me ask you this question, where the hell is Born? Are the people that were right ever brought back in? No. Are the people that were wrong ever forced out, no. So where is the change? O'Bama needs to be willing to go down in flames fighting for the right things. And he is not. All the independents see this.
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HUFFPOST SUPER USER
jamenta
There are other human values besides greed.
05:34 PM on 09/14/2010
You make a key point about one of Obama's main failures: "O'Bama needs to be willing to go down in flames" We have yet to hearObama make a speech like democratic president FDR once made (and likely never hear):

"They had begun to consider the Government of the United States as a mere appendage to their own affairs. We know now that Government by organized money is just as dangerous as Government by organized mob."

-Franklin Delanor Roosevelt, 1936 Madison Square Garden

Never before in all our history have these forces been so united against one candidate as they stand today. They are unanimous in their hate for me—and I welcome their hatred.
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Kassandra
Idiot savant artistic genius
07:17 PM on 09/14/2010
I think we have both now,
"We know now that Government by organized money is just as dangerous as Government by organized mob."
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HUFFPOST SUPER USER
janejoad
09:44 PM on 09/14/2010
I hear, in FDR's speech, ( I've listenened to it many times), INGIDNATION, and OUTRAGE.

When the POTUS speaks, I hear FRUSTRATION, a little SARCASM, and a whole lot of PATIENCE.

I would expect by now, he would have LOST his patience and shown some OUTRAGE at what has been done to SO MANY hard working Americans ......I HAVEN"T heard that yet. It's beginning to worry me.

At some point, SOON, I NEED to hear INDIGNATION ! I want to see some OUTRAGE, I want to see HEADS ROLL OUT and NEW BLOOD come in.

AND, if these guys ( and I say guys because any woman in the Senate who puts the KIBOSH on E. Warren, does so at their peril) do her like BB, then we might as well forget about anything good happening for the PEOPLE, cuz the FIX is in and they're ALL IN ON IT.
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HUFFPOST SUPER USER
jamenta
There are other human values besides greed.
05:35 PM on 09/14/2010
Yikes - previous post just was shredded by this wierd interface. Here it is corrected:

You make a key point about one of Obama's main failures: "O'Bama needs to be willing to go down in flames" We have yet to hear Obama make a speech like democratic president FDR once made (and likely never hear):

"They had begun to consider the Government of the United States as a mere appendage to their own affairs. We know now that Government by organized money is just as dangerous as Government by organized mob."

Never before in all our history have these forces been so united against one candidate as they stand today. They are unanimous in their hate for me—and I welcome their hatred.

-Franklin Delanor Roosevelt, 1936 Madison Square Garden
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HUFFPOST SUPER USER
Ishmael1
Step aside, Shallow Water, & Let the Deep Sea Roll
03:48 PM on 09/14/2010
Failure to Appoint Warren will be the final word that the Wall Street bankers control BOTH parties and that the American Government is corrupted beyond repair. It will also be the day I change my voter registration to the Communist Party of the United States.
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HUFFPOST SUPER USER
jamenta
There are other human values besides greed.
05:10 PM on 09/14/2010
I wouldn't go that far. However, I would see if there is another Progressive candidate we might be able to support. And I wouldn't be surprised if someone with courage and more principle does try running against Obama in 2012.
09:10 PM on 09/14/2010
We got the meme. Thanks Beckster!