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Leo Hindery, Jr.

Leo Hindery, Jr.

Posted: May 25, 2010 09:30 AM

Leopards Can't Change Their Spots; Neither Can Wall Streeters

What's Your Reaction:

Like so many who worked to defeat the Republicans in November 2008, I was convinced that despite the nightmarish economy we were about to 'inherit' in January 2009, in the process we were going to be given a once-in-a-lifetime opportunity. It would give government back to the middle class and throw out the 30 years of laissez faire financial regulatory practices that had almost single-handedly destroyed our economy, left us with greatest income inequality ever, and saddled future generations with crushing federal indebtedness.

The easiest target, and the one I was convinced we would tackle first, was Wall Street: the profit-driven, greedy, selfish institution that, with its unbridled compensation practices and current light-touch regulatory regime is, I truly believe, behind almost every major societal and economic ill that has befallen the United States since 1980.

I knew we couldn't change Wall Streeters, but when it came to reining them in, properly regulating them, and, in some cases, punishing them, it was going to be like shooting ducks in a barrel. All the pain they had caused was obvious, and the 'evidence' even then was laid out more clearly than in a Law & Order episode. And we would be finished early in 2009, for sure.

Well, as Pogo said in the long-ago comic strip, "We have met the enemy and he is us." We have already let Wall Street off the hook, as they say, for fully a year more than I ever thought possible, because of apologists for Wall Street within both the White House and Congress. But even more concerning, depending on how the upcoming House and Senate conference on financial regulatory reform legislation turns out, we may be about to give the Street 'soft-touch' regulatory reform that it will laugh about -- and again run to the bank with -- for at least a generation.

Once you've missed some or all of a God-given major regulatory reform opportunity, political exhaustion sets in and abusive practices become even more abusive and embedded. In the specific case of Wall Streeters, if we miss 'getting' them now, as they say, these greedy guys will simply get greedier and their practices more harmful as their securities become ever more complex and thus beyond any reasonable regulatory oversight capability.

As sort of a 'canary in the coal mine' to larger financial reform, we've seen on the relatively simple issue of trying to reform the abusive tax treatment of "carried interest," which costs the Treasury $10 to $12 billion per year, just how disingenuous, misleading and vile the anti-financial reform crowd can be. Thus it comes as no surprise that the very same tactics and in some cases, even the very same lies, which have been used over the last nearly four years to push back on carried interest reform have now been embraced by many of the Republicans who just voted against the Senate's finance reform bill. And the similarities between the two efforts will be even more apparent in coming weeks as the actual reconciliation with the House version takes place.

For example, last Thursday, Senator Richard Shelby (R-AL), ranking member of the Senate Banking Committee, said, with regard to the Senate Bill, "I cannot support legislation that threatens business conditions and threatens job creation." On the very same day, May 20, the President of the grossly self-serving Private Equity Council said that any change in the taxation of carried interest would "hurt those companies that are most desperately in need of capital to sustain or create jobs."

This is such B.S., as neither overall financial reform nor reforming carried interest has anything at all to do with 'job creation,' and it is unconscionable to threaten the American people this way. At the onset of this Great Recession, which we now know was brought on mostly by Wall Street and investment excesses, the number of real unemployed Americans was 16.8 million -- the number today is 30.3 million, an increase of 13.5 million, and we are 'short' 22 million jobs in order to be at or near full employment. Substantially and quickly reforming the villain that largely caused the Great Recession is the sine qua non to creating those 22 million jobs, not the other way around, as these fellows falsely insist.

The next several weeks are when the substantial financial industry reforms that were promised in the 2008 presidential campaign will come to pass -- or not. There will be at least seven 'indicators' of who won in conference, and pray God, it isn't, as it was in 1999, Wall Street and, to steal a phrase from President Obama, its "hoards of lobbyists", which have already spent an unbelievable $1 million per Member of Congress (more than $500 million in total!) lobbying on these issues.

Specifically, we need to see:

  1. As proposed by the House, the consumer protection reform goals met through a stand-alone agency (the "Consumer Financial Protection Agency") subject to annual budget appropriations by Congress, rather the Senate's weak alternative of a consumer protection bureau within the Federal Reserve. (This has everything to do with foxes, chickens and henhouses, and the idea of housing consumer protection within the ineffective and uninterested Federal Reserve needs to fail.)
  2. Ideally, no compromise, least of all by the administration, on Senator Lincoln's (D-AR) requirement that big banks spin off their trading in swaps into separate subsidiaries. But if the Senator fails, and the strength of the opposition within the administration suggests sadly that she will, then at least the House version of the so-called "Volcker Rule" has some teeth, whereas the Senate's (which is Geithner's) version calls for nothing more than a namby-pamby "period of study".
  3. No 'shielding' of auto dealers from oversight by the new consumer agency. The House is just wrong on this.
  4. As proposed by Senators Cantwell (D-WA) and Feingold (D-WI), and others, no loopholes when it comes to regulating the trading of derivatives.
  5. Application of the concept of "insurable interest" to all credit default swaps, together with the outright barring of "naked" credit default swaps. Regarding the latter, just as you can't take out a life insurance policy on a stranger, you shouldn't be able to use swaps as a form of 'death insurance' to bet that an asset or financial activity will fail.
  6. No compromise when it comes to insisting that "failing" financial institutions be reviewed by a special panel of bankruptcy judges. (There is no good reason for the administration to be resisting this, and they shouldn't.)
  7. Some restrictions on excessive compensation overall and especially at "failing" institutions, to absolutely include the 'clawing back' of ill-gotten individual earnings. If not now and not in this bill, then when and where?

Wall Street is desperately in need of reform, yet, because of the ways it compensates itself, it is incapable of self-reform and fairness. We know from countless examples its self-serving (and selfish) tactics, we know the harm it has done, and we know the even greater harm it can do if left unchecked.

President Obama needs to vigorously and resolutely weigh in on the House-Senate conference efforts and make sure that the bill that comes out of the reconciliation process reflects the results and values that he talked about during his campaign -- he simply cannot leave it to Wall Street and its industry lobbyists, to the 'diluters' and 'over-compromisers' on Capitol Hill, or to the Wall Street apologists within his own administration and hope that Congress produces strong financial regulatory reform legislation. Opponents of reform learned years ago, more than proponents ever have, that 'in conference' is where reforms can easily die (and greedy guys can win even more).

Leo Hindery, Jr. is Chairman of the US Economy/Smart Globalization Initiative at the New America Foundation and a member of the Council on Foreign Relations. Currently an investor in media companies, he is the former CEO of Tele-Communications, Inc. (TCI), Liberty Media and their successor AT&T Broadband. He also serves on the Board of the Huffington Post Investigative Fund.

 
 
 
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07:26 AM on 05/27/2010
Leo's message is consistent. Wall street is behind the societal ills of "free" marketeerimg and "free" trade. the ideologies are interelated. Its all about maximising the gain of the few by externalizing the costs on the many. Wall street promotes the offshoring of jobs, destruction of domestic industries, inflating bubbles and is the first in line for a handout when their risky gambles go south

that is not a free market. nor is having the world most open market when trading "partners" are not nearly as open and flaut the rules is not free trade nor does it even come close to the theory of comparative advantage, which free traders subvert to justify their ideology
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06:25 PM on 05/27/2010
Leo did NOT argue that the problem is "maximising the gain of the few by externalizing the costs on the many". He did NOT say that the problems have been caused by Wall Street promoting "the offshoring of jobs, destruction of domestic industries, inflating bubbles and [being] first in line for a handout when their risky gambles go south". He did NOT blame "having the world most open market when trading "partners" are not nearly as open and flaut the rules".

What he DID refer to was "laissez faire financial regulatory practices that had almost single-handedly destroyed our economy, left us with greatest income inequality ever, and saddled future generations with crushing federal indebtedness".

Gone is the blaming of our ills on globalization, the Chinese, the trade deficit and the "demise" of manufacturing. That is my point. No more. No less.

It seems that leopards can't change their spots. But Leos sure can!!
08:34 PM on 05/27/2010
I seriously doubt Mr Hindery has changed his stance on globalization one iota and again for the third time globalization and lasseiz faire capitalism as promote by wall street are interelated

they are not mutually exclusive but i ter relatated and part of the same failed ideology

but its pointless to try to explain something to you - you do not listen and apparently can not comprehend this is not an either/or argument but it is a both/and
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09:23 PM on 05/27/2010
I am taking Leo at is (latest) word: "laissez faire financial regulatory practices that had almost single-handedly destroyed our economy, left us with greatest income inequality ever, and saddled future generations with crushing federal indebtedness".

That's today's scapegoat - "laissez faire financial regulatory practices". Not globalization. If it was a "both/and" argument then he would have written "laissez faire financial regulatory practices and globalization". BUT HE DIDN'T.
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11:22 PM on 05/26/2010
This is quite an astounding turnaround from Leo. He now says that "Wall Street ... is, I truly believe, behind almost every major societal and economic ill that has befallen the United States since 1980". He now argues that the "Great Recession ... was brought on mostly by Wall Street and investment excesses"

What happened to globalization? What happened to the Chinese? What happened to free trade? They used to be his scapegoats. Week after week after week he pushed that line. He used to worry "over the extremely adverse effects which unfair globalization is having on American workers". His previous policy was "an all-of-government, fully-empowered manufacturing and jobs policy that, on the one hand, is as neomercantilist as the policies of our major trading partners".

Now it's gone. Now it's somebody elses fault. Amazing. What does he really believe?

Remember this the next time he's ripping into free trade and the Chinese.
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guveqzero
Inventor and Innovator
01:32 PM on 05/26/2010
I feel that we live in a country that no longer represents Americans; even though, we vote for our elected officials. Our choice is often the better of two evils, not really the direction we want or the ideas we think are good. I fear this is the end result of our representative government. Maybe it's time for a more democratic form of government. The US Senate is an extreme example of unbalanced representation, often resulting in back room deals that make no sense at all. The House seems to function much smoother; is that because it is a more democratic representation of the people and does not work for the special interests?

Would we be lingering year after year debating critical issues such as financial reform, heath care reform, immigration and our wars without the Sentate fiasco? In the foot steps of Obama that likes incremental change instead of one major change, I suggest that instead of 2 Senators from each state, we have 10 Senators. Then, it would be much harder to bribe them because there would be so many to deal with. And, democracy would win the day instead of our current shadow government. At least, I can still dream.
09:09 AM on 05/26/2010
Our economic and financial system is completely bankrupt.
What we need first and foremost is a fundamental system change.
That means we have to put an end to Wall Street and end to Globalization and an end to Corporations. Corporate America is the cancer that we need to remove – completely.
We need to bring back small and medium sized companies and bring back our manufacturing base. We need more industrialization not less. That way we actually do create jobs and our economy start to be productive again.
09:03 AM on 05/26/2010
We all know that the Repugnicans are bought by WS. Of course they are mainly responsible for it. But Deregulation started with Carter who did not know what he was doing. A typical P who was way over his head. But this is to be expected in a democracy where the least qualified usually is elected. Should I mention Bush I & II? Then we have Clinton. He was mainly a speech & town hall master where he bedazzled old ladies with his charm. But he had no clew about economics (so what is new?) and dutifully signed any poisoned chalice handed him by Congress(Gramm) and his diabolo Rubin. That is how we got rid of the Glass-Steagall act which programed us for the 'Three Mile Island' disaster of the economy (a truly bipartisan effort to set Wallstreet 'free' (I mean to screw us the people)). All these people are still in circulation in high places which is a scandal of the highest order. But what is the most remarkable thing in this is that our President seems fit to have those architects of our misery employed as his chief financial gurus. This & this only explains that the proposed reform bill is not worth the paper it is written on. When the inevitable next disaster hits, Obama & his Dems will be blamed & rightly so, because they also do not work for the people but for their paymasters: WS.
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Carl Caroli
I just don't understand people
08:26 AM on 05/26/2010
The leopards that we really need to worry about are the ones that we elect and the people they appoint. They are incapable of weening themselves off of corporate campaign donations and lobbyists, consequently doing their bidding in the process. It's also clear they appoint people that are corrupt, regulators that don't regulate, take bribes, etc. Wall St., big oil, health insurers, are not here to protect the American people they are here to make money. Our government is supposed to be protecting the people, but all they are protecting are their own self interests.
08:16 AM on 05/26/2010
I remember Obama saying he believed in free trade and that Wall Street had nothing to fear from him. I remember that Obama got the largest money donations from Wall Street than any of the candidates.
I remember the Canadians telling us that they were assured that Obama was lying when he promised to modify NAFTA. It was campaign rhetoric used in order to get elected.
It was around the time of the bailout that he grandstanded about opposing the bailout and then voted to support it.
I remember that he immediately brought Geithner and Summers into his administration.
Obama never expected Wall Street to change and he has done everything he can to ensure there will be minimal changes made to the way business is done so I don't look to him for reform.
08:13 AM on 05/26/2010
"30 years of laissez faire financial regulatory practices"
It appears that you don't understand what laissez faire means, and your statement is a contradiction in terms. If America had a laissez faire system, there would be no regulation of Wall street, as there quite clearly is, and has been over the last 30 years. You are blaming what you think of as a laissez faire free market capatilist system as the cause of the current ecenomic problems, when in fact America has quite clearly been socialist for decades, and has never been laissez faire, free market or capitalist. If it had in fact been what it purported to be, it would not have the ecenomic problems it has today.


hmm, that's a contradiction in terms. If America had had a laissez faire system, it wouldn't have had any regulatory practices. Since
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USAFree1
09:22 AM on 05/26/2010
In economics, laissez-faire (English pronunciation: /ˌlɛseɪˈfɛər/ ( listen), French: [lɛsefɛʁ] ( listen)) means allowing industry to be free from state intervention, especially restrictions in the form of tariffs and government monopolies. The phrase is French and literally means "let do", but it broadly implies "let it be", or "leave it alone."

Socialism? Perhaps partially. Personally, I'm fine with private owned, operated, and controlled shoes. But wait! Suppose those shoes lead to permanent physical problems because of design or contaminated components. I think that since our government is supposed to be not them but we the people, it's up to us what kind of economy we have. Nobody know what true laissez faire capitalism looks like. The closest is the England of Charles Dickens. Don't know about you, but I don't think that's what anyone but the corporate welfarers want.
10:32 AM on 05/26/2010
" I think that since our government is supposed to be not them but we the people"
yes exactly, and it obviously is not quite working that way now, and I don't think has ever really worked that way. So something is wrong, but what. At this point many people blame free market capitalism, without realising that this has not yet been tried in America. America is facist in the way corporations and government are intertwined, no more evidence is needed of this than the fact that Geithner is ex federal reserve, which is of course a private bank, and Paulson is ex Goldmans. America is socialist of course, since it redistributes wealth by force, Libertarians are against redistribution by force, but of course fully support voluntary redistribution via charities etc, ie the way America used to work pre 1917 - and America was allready a great country by this time.
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DDKAHALAS
08:03 AM on 05/26/2010
lets stop fooling ourselves Obama is a foil for the banks to big to fail. He seems to be somewhere to the right of Blue dogs and represent those who abhor him his republican friends. Stop the ruse. I cant believe the repubs dont realize that their enemy is really their ally...
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06:40 AM on 05/26/2010
Leo, you just dont get it.

Obama is OWNED by the bankers. Look at his staff, Geith, Summers, Paulson.
This reform 'effort' is sham.
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DDKAHALAS
08:05 AM on 05/26/2010
Obama is owned by the big Corporations. WE were fooled on the left and now we are in really bad shape...
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03:13 AM on 05/26/2010
Obama has FOUGHT reform every step of the way (who do you think Geithner, Shapiro, Bair etc. work for, and who reappointed Bernanke?)

Obama has yet to draw a line in the sand on ANYTHING - to think he'll start with the MOST IMPORTANT THING is.....well.....good luck.
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jabailo
(Participant) Texeme.Construct()
03:22 AM on 05/26/2010
Obama stole 2 Trillion of our taxes from the Treasury and handed it to his cronies on Day One!

I can't even ask where the "787 Billion" in stimulus went. Is that money even discussed anywhere?
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03:38 AM on 05/26/2010
That money went straight to the bankers who probably spent it all on private jets, call girls, and cocaine.
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theobsoleteman
02:36 AM on 05/26/2010
Agreed. This is like expecting the Scorpion not to sting the frog.
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unionave
Old Codger
01:27 AM on 05/26/2010
This a great article . There is a lot of blame in the air these days . I can not remember when there was as much . But we all know what politicians say during a campaign can not always get done . We have three equal branches of our government . I have no idea how that word "equal" got in there but Congress designs our laws , assembles them , then gives them to the President to execute them with tax payer money they have decided is enough to get the job done . We have all forgot that during each campaign speech Senator Obama said "he could not do it alone" . He knew then and now that things are the way they are because we made them that way . Every savings and retirement account we have is in Wall Street's hands . We put it there and gave W.S. the power they have and only we can take away that power . W.S. played the old flim flam game on us and we thought "portfolio" was cute . And every day 24/7 we get reports on W.S. markets which have nothing to do with the real economy . Money is power and it's our money they are kicking our butts with .
04:20 AM on 05/26/2010
Nicely analysed. It's easy to blame Obama and not admit he doesn't have dictatorial powers.
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unionave
Old Codger
11:22 AM on 05/26/2010
President Obama never was and can never be one the "good old boys" so he must first make friends with those that claim power . We have the power but not the will so we look for leadership to tell us our next step . There are not enough independent thinkers (liberals) among the electorate . If there were more independent thinkers there would be less TeaBaggers . Whose idea was that ?
TOOO
Warning: Rabid Monty Python fan!
01:21 AM on 05/26/2010
Conservatives criticize Obama for being too liberal. Liberals are upset with Obama because they think he acts too conservative. The truth is: he is bound and determined to be a Centrist. He's afraid to rock the boat.

As much as I despised Bush, I have to say: at least you knew where he stood. With Obama, who knows? It's time for him to get off the fence and make a stand. Somewhere. ANYWHERE.
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jabailo
(Participant) Texeme.Construct()
01:29 AM on 05/26/2010
He's made his stand time and time again. He wants to keep the balloon inflated for the Democrat Aristocracy that foisted him on to us.
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DDKAHALAS
08:11 AM on 05/26/2010
Obama and Clinton were never Democrats at best Rockerfeller republicans. Clinton did serious damage by repealing Gloss-Steagall by Nafta and the rest of his tricks...Obama has never stood with progressives and didnt keep his promises to us.. THe gulf crisis could have been met with emergency powers to bring in Tankers and keep sucking up the oil until we found a way to cap the well or kill the well.Why didnt this happen?????
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DDKAHALAS
08:44 AM on 05/26/2010
dont buy it...Definely not a centrist. To me Corporatists who are there to serve corporations are not centrists.They are Corporatists.Globalists and allied with the zillionaire banksters.on one hand they dont represent progressives liberals and that ilk neither the true conservatives..They actually serve the massive corporations and their ilk.Is this any difference through history no...A massive movement of wealth has gone from the middle class now the new poor to the wealthy now the ultra wealthy
11:51 PM on 05/25/2010
It is time to fix the dastardly financial and health care reform sellouts.

Eliot Spitzer, or an equally tough prosecutor, if one exists, that really wants to catch crooks, and a squad of Untouchables with an unrestricted crime fighting budget, needs to go through government and Wall Street to clean house.

To correct several obvious legislative mistakes legislators should 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 legislation to continually audit the Fed, and make AIG’s records available for public review.

Enacting an Elizabeth Warren version of a stand alone Consumer Financial Protection Agency will eliminate the marauding pirates who are wreaking havoc on consumers.

A government run Public Option, like the VA, delivering free care to everyone choosing to use it, which would be paid for by sales tax revenue instead of insurance, would cost $1trillion less than the $2.6trillion spent last year and no one would be without care.

For people choosing to purchase and receive private health care all costs paid for private care should be tax deduct for payees and tax free for recipients.

Without using government systems neither meaningful health care reform nor fiscal health for the federal government nor the economy can be achieved.
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DDKAHALAS
08:15 AM on 05/26/2010
Thank you for being so clear and a voice of reason.Neither the public option and true financial reform have happened cause the boat is sailing for the rocks...Intentionally to keep Corporate masters happy.
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DDKAHALAS
08:48 AM on 05/26/2010
We will get these changes when hell freezes over...