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Mary Bottari

Mary Bottari

Posted: March 28, 2010 09:43 AM

Could Bloomberg Lawsuit Mean Death to Zombie Banks?

What's Your Reaction:

My recollection is a bit hazy. How does one kill a zombie exactly? Do you stake it? Cut off its head? Nationalize it? Perhaps it's time to ask the experts at Bloomberg News.

Lost in the haze of the hoopla surrounding the insurance reform bill was some big news on the financial reform front. On March 19, Bloomberg won its lawsuit against the Federal Reserve for information that could expose which "too big to fail" banks in the United States are walking zombies and which banks were merely rotting.

Bloomberg, which has done some of the best reporting on the financial crisis, is also leading the charge on the fight for transparency at the Federal Reserve and in the financial sector. While many policymakers and reporters were focusing their attention on the $700 billion Troubled Asset Relief Program (TARP) bailout bill passed by Congress, Bloomberg was one of the first to notice that the TARP program was small change compared to the estimated $2-3 trillion flowing out the back door of the Federal Reserve to prop up the financial system in the early months of the crisis.

Way back in November 2008, Bloomberg filed a Freedom of Information Act request asking the Fed what institutions were receiving the money, how much, and what collateral was being posted for these loans. Their basic argument: when trillions in taxpayer money is being loaned out to shaky institutions, don't the taxpayers deserve to know their chances of being paid back?

Not according to the Fed. The Fed declined to respond, forcing Bloomberg to sue in Federal Court. In August of 2009, Bloomberg won the suit. With the backing of the big banks, the Fed appealed , and this month, Bloomberg won again. A three judge appellate panel dismissed the Fed's arguments that the information was protect "confidential business information" and told the Fed that the public deserved answers.

The Fed is the only institution in the United States that can print money. It can drag this case out as long as it wants, but isn't it a bid odd that taxpayer dollars are being used to keep information from the taxpayers?

After an unexpectedly rocky confirmation battle, Ben Bernanke kicked off his new term as Fed Chair in February with pledges of openness and transparency. "It is essential that the public have the information it needs to understand and be assured of the integrity of all our operations, including all aspects of our balance sheet and our financial controls," said Bernanke. President Obama also pledged a new era of transparency when he entered office. What is going on here?

One theory is that Fed is hiding the secret assistance it provided to the financial sector, because it would expose how many Wall Street institutions are truly walking zombies, kept alive by accounting tricks like deferred-tax assets, "a fancy term for pent-up losses that the bank hopes to use later to cut its tax bills," according to Bloomberg's Jonathan Wiel. If this is the case, it raises doubts about the wisdom of Congress' only plan to take care of the "too big to fail" problem by trusting regulators to "resolve" failing banks. If there is no will to resolve them now, why should we think regulators will resolve them in the future?

Another theory is that the Fed is hiding the fact that it broke the law by accepting a boatload of toxic assets as collateral. The law says the Fed is only supposed to take "investment grade" assets as collateral.

In either case, the public deserves answers. "This money does not belong to the Federal Reserve," Senator Bernie Sanders. "It belongs to the American people, and the American people have a right to know where more than $2 trillion of their money has gone."

The President and the Fed Chairman must live up to their pledges of transparency. They can start by abandoning this lawsuit and opening the doors on the Secrets of the Temple.

 
 
 
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blogisti
Censor Approved Knowledge Only
07:33 PM on 03/29/2010
Everywhere you look the Government and Corporations are aiding and abetting each other. Whether it is Government and the banks in the form of bailout, or Health Care where pharma got a hefty guarantee from Obama that no out of country competition would interfere with their profits. To handing the Health Insurance companies a guarantee of 30 million customers who will pay market rates, some subsidized, but its all the same to the Insurance companies no matter where the money comes from.
The Military Industrial Complex of companies continues to see record amounts spent on the military.
That is why a free and active press is really the only hope the people have of ever beginning to break through this wall conveniently set up to protect the Government and Corporate cabal.
HUFFPOST SUPER USER
Dnlmsstch
too much for so few words
04:46 PM on 03/29/2010
In the end it will go to the SC and in a 5 - 4 decision they will side with the fed (and the banks) by strictly interpreting that even thougth people do not have a right to privacy corporation do and that since the FED is not specifically mentioned in the constitution it can do whatever it wants
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guveqzero
Inventor and Innovator
11:18 AM on 03/29/2010
Socialism saved the big banks from collapse. But, Capitalism will bring them to their knees again. These companies can't survive in the real world without changing. And, no change has occurred.
11:03 AM on 03/29/2010
Yes! Finally! We're going to find out where Bernanke, Geithner, Summers, and all the other Wall Street Insiders in the Bush-Obama Administration buried the bodies.
12:46 PM on 03/29/2010
Not likely. I'm sure National Security will raise it's ugly head and one way or another, the secrets will be kept secret.
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sharonsj
10:39 AM on 03/29/2010
I, too am afraid of another crash since this so-called recovery seems to extend to zombie banks and thieves on Wall Street. I've already switched to a credit union and I would never invest my money in the gambling casino they call the stock market.
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pjwrites
09:42 AM on 03/29/2010
Abolish the Fed.
This user has chosen to opt out of the Badges program
10:53 PM on 03/28/2010
Through easy and cheap money the value of everything became inflated, thus the bubbled economy. The financial institutions grew so large that their capacity is now more than twice the demand. Everywhere are bank building outlets. Everywhere are banking personnel sitting around doing nothing. I am guessing but there are millions. This over supply is economically unjustified. As soon as TARP money is blown, these bank outlets will close. Surely, half or more of our banks will go bankrupt.
Where will all these service workers, then laid off permanently, find jobs? Not in America. in this corrupt Administration's tenure, Geithner, Summers, Bernanke et al are too busy covering up criminal behavior to be interested in creating jobs. There is no discussion, not a plan on the board for the terrible times ahead for jobless, starving Americans and their shelterless families. This country is being led by dangerous, incompetent administrators.
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10:26 PM on 03/28/2010
This greatest coverup shows the world that the Congress is deliquent and enfeebled. that the President is a complice in coverup and that Bernanke and the bankers have sacrificed our currency for their dominance and control.
08:04 PM on 03/28/2010
Thank you Bloomberg, He is also a great Major.
This is the job the Congress should have done. they were elected to protect the interests of the general public not the Crooked Bankers.
07:57 PM on 03/28/2010
I'm just curious if the author bothered to go track the monthly reports of the Federal Reserve?
03:07 PM on 03/29/2010
The monthly reports do not include the information that is being requested by Bloomberg, hence, the lawsuit.
03:44 PM on 03/28/2010
"...The President and the Fed Chairman must live up to their pledges of transparency. They can start by abandoning this lawsuit and opening the doors on the Secrets of the Temple."

The PEOPLE need to educate themselves about our monetary and financial system. Read "Web of Debt: The Shocking Truth About Our Money System and How We Can Break Free." by Ellen Hodgson Brown.
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TheModernBunny
03:29 PM on 03/28/2010
Too much secrecy = something to hide. The Fed isn't the CIA. They don't have the right to all that secrecy- not just my opinion, since they keep losing in court. I wonder how long this will go on.
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joe kim
10:48 AM on 03/28/2010
I wish Bloomberg and anyone else good luck getting any kind of information from the Fed. The fed is doing its best to make sure the public is in the dark about the insolvency of our banks. I wish I could sell stuff that was worth .50 c on the dollar to someone for the full dollar.

Instead of taking the right way out. Letting people and banks go bankrupt for their poor investments, this government has turned into bailout nation. You think it was bad this time around. Wait till next time when the whole things comes crashing down and no one will let the US borrow anymore money due to our recent proven history of ignorance and "Moral Hazard".

If you let people (and business entities) go bankrupt you clean out the system, what we have done is push the problem into the future, but on a much larger scale. The next blow up, no one will be willing to loan us money, and we won't be able to print money fast enough.

Thanks for bubble 3.5 Bernkanke, Geitner, and Obama, good work.

The fed only works for 1 group, the banks.