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Peter S. Goodman

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Behind Gas Price Increases, Obama's Failure To Crack Down On Speculators

Posted: 03/15/2012 8:08 am

Listen to the conventional wisdom and President Barack Obama is powerless to arrest soaring gasoline prices, even as they imperil his political fortunes, the still-tepid economic recovery and the ability of ordinary Americans to pay their bills. Oil prices supposedly reflect the omniscient judgment of the market. What the market sees now is the prospect of a military strike on Iran and an attendant disruption to the global oil supply.

But the supply-and-demand story of gas prices is largely a fairy tale. Academic experts, commodity specialists and members of Congress identify one thing that the president could do immediately to alleviate pain at the pump: He could unleash a serious-minded, subpoena-wielding probe aimed at frightening the Wall Street speculators who are responsible for most of the climb in gas prices.

This is not news to the president, who has already fingered speculators for price spikes while twice ordering up a consequential investigation. But Attorney General Eric Holder -- the man tasked with overseeing the probe -- seems either to have mislaid the memo or construed it as an invitation to indulge the administration's usual modus operandi on most of its initiatives, from its impotent anti-foreclosure efforts to its weak stab at financial regulatory reform. That is, hold a press conference, talk tough and ooze empathy for struggling victims -- then hope everything gets fixed up by itself.

Earlier this month, the president called on Holder to "reconstitute" the Oil and Gas Price Fraud Working Group, the body that the attorney general first convened at Obama's direction nearly a year ago. "Reconstitute" seemed an odd verb, given how the group by all indications seems to have never really been constituted. As McClatchy Newspapers reported, the group has met no more than five times since its inception and has never made a public report on its activities. (Somewhere -- presumably far from any windows -- Dick Cheney is giggling.)

Yet, if the president's choice of word can be taken at face value, the working group was at some point either disbanded or, more likely, forgotten. Either it looked into speculation and came up empty, telling Obama not to worry. Or it didn't really look and found nothing by design. Or it did find worrisome activity but didn't do anything about it.

This is bad governance and terrible politics at a time when gas prices seem to be shaping up as a defining issue in a presidential election year. (Only fools put themselves between the American electorate and its fleet of gas-guzzling SUVs). More than anything, the Obama administration's hollow promise on the investigative front increasingly looks like an enormous missed opportunity: Had the task force really barged into Wall Street offices in search of people needing to be held to account, it might well have taken some of the momentum out of gas price increases.

"The manipulation inquiry, even if it just has the appearance of being taken seriously, would drop the gas price immediately," Michael Greenberger, a finance expert at the University of Maryland School of Law, told me on Wednesday.

"A serious investigation in and of itself has historically shown that the speculators pull back and the price drops," Greenberger added. "If there is evidence of manipulation and subpoenas are issued, and the FBI is investigating, it will drop even further. If indictments are brought, the bubble will collapse. We don't see the investigation that the president wants done."

Greenberger is more than a just another credential-laden specialist willing to be quoted. In the late 1990s, he oversaw the division of trading and markets at the Commodity Futures Trading Commission. There, he and director Brooksley Born sounded the alarm about the dangers of a then-exploding trade in the unregulated financial instruments known as derivatives. They were steamrollered by Alan Greenspan, Robert Rubin and Larry Summers, who together ensured that Wall Street's casino proclivities were allowed to build to disastrous levels, unobstructed by annoying bureaucrats. This resulted in hundreds of billions of taxpayer dollars eventually being showered on major financial institutions to avert a meltdown.

These days, Greenberger is consumed by the impact that speculators are having on energy markets. He is hardly alone. A recent Forbes analysis found that speculation was responsible for increasing the price of oil by more than one-third. A policy brief by former International Monetary Fund researcher Mohsin Kahn, now a senior fellow at the Peterson Institute for International Economics, concluded that the steep runup in oil prices during the summer of 2008 was driven predominantly by "speculation." A paper by Kenneth J. Singleton at Stanford Business School pinned much of the oil price boom on "the financialization of commodity markets," meaning the influx of commodity index funds unleashed by Wall Street.

"There are 50 studies showing that speculation adds an incredible premium to the price of oil, but somehow that hasn't seeped into the conventional wisdom," Greenberger said. "Once you have the market dominated by speculators, what you really have is a gambling casino."

Traditionally, regulators have proceeded on the assumption that a commodity market is healthy when commercial players -- those whose businesses really need the good being traded -- comprise about 70 percent of trading volume, while pure speculators are limited to 30 percent. But these days, estimates suggest that ratio has reversed, a reality that virtually guarantees an upward spiral of prices.

Commodity markets are supposed to bring together willing parties with opposite concerns -- say, a factory owner who frets about rising fuel prices and a fuel producer who worries about a drop in the price. They agree to a trade in the future at a price that gives them both a hedge. But as major Wall Street institutions have poured into commodities markets, offering investors ways to profit from price increases, these banks have wound up holding the short side of those bets: When the price rises, they have to pay up. Needing a way to profit themselves from that outcome, they have gone into futures markets directly and bought up contracts for fuel, driving up the price.

Now, Holder is once again tasked with taming this casino-like market and restoring order. But even after Obama's call for the task force to reconvene, it has met only once and only via teleconference, a source familiar with its deliberations told me.

For Obama, the point of throwing the assignment to Holder was to leverage the Justice Department's formidable investigative resources. The Community Futures Trading Commission also has jurisdiction, but that agency has been overwhelmed with rule making to implement the Dodd-Frank financial reform bill. The commission passed one weak rule that increases its authority to limit speculators in the market. But its resources are meager. Republicans have starved it through the budget process to ensure that Wall Street -- land of infinite campaign cash and future sinecures for unemployed Hill denizens -- continues to be a regulation-free zone.

What has Holder been doing with his resources? Is the FBI looking into the impact of speculation? Has the task force used its subpoena power to examine the trading documents at issue? The White House referred questions to the Department of Justice. The Justice Department never returned my calls, though a spokeswoman previously told the National Journal that Holder's task force "is aggressively focused on identifying civil or criminal violations in the oil and gasoline markets, and ensuring that American consumers are not harmed by unlawful conduct."

In recent days, Democrats on Capitol Hill have conveyed their strong displeasure to the White House that Holder appears to be mailing it in, according to people involved. This pressure campaign prompted Obama to return to the podium to call for fresh action.

Much of Washington now views Holder as a man merely counting the days until he clears out his office, cognizant that -- whether the boss wins re-election or not -- he is moving on. His task force has been run with all the urgency of a guy contemplating what amusing story to recount when his office mates gather around the sheet cake to say goodbye.

The rest of us, alas, are still here, still constituted into a nation living in fragile economic times, hoping gas prices will not send the unemployment rate climbing anew. The world is fraught with enough dangers. A leadership vacuum inside the single office that has the power to work for American consumers ought not be one of them.

 
 
 

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HUFFPOST SUPER USER
grassyno
10:21 AM on 04/07/2012
This is the most politicized article on oil I've ever seen. "But the supply-and-demand story of gas prices is largely a fairy tale." tells you everything you need to know about this journalist's understanding of economics. And yet, he's the business editor at Huffpost! (Viva la Revolution!) Speculation exists in nearly every commodity, without driving up prices anything like oil. Goodman is so desperate to prevent anyone from blaming the President for his lack of an energy policy, that he's tossed common sense and objectivity out the window.
HUFFPOST SUPER USER
realpolitic
Proud member of the reality-based community!
03:11 PM on 03/24/2012
Very important article with great information!  It really shows how speculation drives up the price of oil and perhaps legislation can be written that keeps Wall Street from speculating with just those actually interested in taking delivery of fuel being active in markets.  By the way, not only does  Cheney never get near windows he is in an underground bunker with 20 foot thick walls that is, of course, nuclear proof with no fluoridated water either, as it pollutes his precious bodily fluids.
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RobChattaTN
there's no such thing as objectivity
03:50 PM on 03/23/2012
WHY is speculation even LEGAL??
we've seen bubble after bubble during the last decade or so.
when are we gonna rise up and say "ENOUGH IS ENOUGH!???"
and why is Congress just letting this attack on our economy continue???
08:40 PM on 03/19/2012
The President does not need to wait for another investigation to act. There have been congressional hearings and investigations for years that all came to the same conclusion: Speculation is rampant in the commodities markets and is the major cause of exploding prices for all traded commodities. The president should use the power of his office and issue an Executive Order that would reset the regulations for the commodities markets to the way they were before Wall Street speculators were allowed to gamble with livelihood of the public. If President Reagan had the power to stop the Airtraffic contollers strike then surely President Obama has the power to enforce the laws passed by congress to eliminate excessive speculation from the commodities markets. He should execute the RBOB GAMBIT, then contact world leaders and request that they take similar action in regard to the commodities markets in their respective countries. Read more at www.rbobgambit.org . By acting decisively in concert with other world leaders he can restore hundred of billions of dollars to the American public that is expropriated annually, trillions to the rest of the world and provide a kick start to the global economy.
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HUFFPOST SUPER USER
donut999
03:17 PM on 03/19/2012
Where in the back and forth are discussions about how the weakness of the Dollar plays in to the equation? Have been on this earth 63 years and have never seen a period when money is worth essentially zero. Oh, you might pick up a point on a 13 month cd, even saw 2% for 42 months, but hardly worth committing, particularly long term. Money market a/c's are paying zip. Received a statement from my Broker on my IRA last week crediting $1.21 cents monthly interest on a balance of $197,000. It is borderline insulting. The Fed made money worth essentially zero 3-4 years ago and is promising to keep it that way for another 3 years. They had no choice. It was the only way the banks and other financials might be able to earn out of the mess and dispose of the toxic assets on their books. We should be grateful for the unstability and problems on the Euro. If commodities like oil were Euro based, who knows where the price will go?
11:05 AM on 03/19/2012
Hey Peter,

How stupid is that? Do you really believe that a President should prevent free trade and
investors from investing in a scarce product.

It would be better that the President would grant more leases to people who want to produce
more oil and drill in the Arctic. This President, the most incompetent in at least the last 100
years, gambled on Alternative fuels and lost on his so called GREEN endeavors. The only
GREEN that came into play was the GREEN that Taxpayers had to pay for his wasting
hundreds of Millions on Solyndra, Beacon Oil and Wesley Clarks grants for his useless
methanol projects. If alternative fuels were worth something, they would already have been
explored by Private industry. WE ALL KNOW WHY OIL PRICES ARE SO HIGH, WHEN WE
HAVE THE ENERGY SECERETARY CHOO CHOO CHU saying that higher prices of oil
was desirable so we would use less energy. UH HUH. Choo Choo. We get it. Now tell your
President to quit pretending that he did not bring it on.

an army combat veteran
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HUFFPOST SUPER USER
newplasticmachine
Meet in the middle the Democrats are already there
02:24 PM on 03/24/2012
USA is a net oil exporter at this point, we are selling oil to the highest bidder, not keeping it here. Unless all exports are made illegal, the increased production will be sold out of the country as well. Solyndra is a trumped up bogus nontroversy meant to rile up the con's simian base. Now that you're done pouting I suggest reading more into the matter.
11:26 PM on 03/24/2012
Hey Plastic,

If you are suggesting that we export more then we import, of course that is preposterous.
On the other hand, If you state they are exporting oil to other nations at times, that is
true as there is no law that says they can not, nor is their a law that says Farmers
can't selll their grain to foreign nations, or other agriculture products.

If you believe that The Government should control all of our products, then you
are right in line with Cuban Dictator Castro for over the past 50 years and other
Communist Countries like Russia and China..

The democrats and Obama would like for us to forget Solyndra, but it is factual
that it cost the Taxpayers hundreds of millions of Dollars, but the Dems got
donations from them. Just a few days ago, Obama tried to blame it on China
and their competition. How incredible is that? Also, a few days ago , Obama
blamed the high oil prices on Iran, even though his energy Secretary Choo Choo Chu
admitted before Congress that he had stated that he wanted oil prices to go up so
Americans would not use so much gas.

Just keep up with the news, Plastic man, and you wont sound so stupid when you
post.

an army combat veteran
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02:22 PM on 03/18/2012
This is a problem that is completely fixable in and of itself. Either Obama is waiting to tackle it after reelection (so that he can reap the benefits of continued campaign donations from the oil industry), or he is not willing to tackle it all and is merely in favor of a status quo that favors the interests of the 1%.

There are numerous such instances of problems that Obama could address now but has not, presumably because of the belief that they would severely hinder his chances of reelection. And while without complete information I cannot necessarily blame him for having such a belief, I can only anticipate very swift reversals on these issues if he secures his reelection. If those reversals fail to be initiated, however, then the chances of our government escaping the clutches of the 1% on its own will seem hopeless.
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HUFFPOST SUPER USER
Royce09
Freedom is not Free, cost = Blood of our Military
09:10 AM on 03/18/2012
Obama and Goldman Sachs seem to have a cozy relationship going on and the public seems to be paying the price for it.
12:35 AM on 03/18/2012
The answer to this is sooooooooooooooo simple. Simply require that anyone taking a long position in an oil commoidty who is not an end user of the product like an airline, railroad or utility be REQUIRED to take deilivery of at least 30% of the quantity (barrels) of the trade. These lomg postions who disappear so quickly that the price would literally drop through the floor...of course we would have to get the cooperation of the traders in such locations as Singapore, Hongkong, Tokio and London to go along with this but.......we have the clout to do this.....simply ban those traders from any transactions that flow through the Chicago Board of Trade or the New York stock exchANGE
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HUFFPOST SUPER USER
donut999
02:54 PM on 03/19/2012
Not sure it is sOOOOOOOOOOOOOO simple. What leverage do we have over the exchanges you listed and a long list of others you did not? I don't believe they would be subject to U.S. law or regulation.
09:09 PM on 03/19/2012
I do not think cooperation from most of these governmments would be a problem...high oil prices is not benefiting anyone but some of the rogue governments.........
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04:58 PM on 03/17/2012
Obama, March 11: Last year, American oil production reached its highest level since 2003. Let me repeat that. Our oil production reached its highest level in seven years. Oil production from federal waters in the Gulf of Mexico reached an all-time high.

Obama is right on both counts. EIA data (table 4a) shows that total domestic production of crude oil was 5.51 million barrels per day, including 1.64 million barrels per day from the Gulf of Mexico. Historical EIA data shows that the last time the U.S. produced that much total oil was in 2003, when it generated 5.68 million barrels per day. (We already addressed that 2010 was indeed a record year for the Gulf.)

EIA, December 2010: U.S. dependence on imported liquid fuels measured as a share of total U.S. liquid fuel use, which reached 60 percent in 2005 and 2006 before falling to 52 percent in 2009, is expected to continue declining over the projection period, to 42 percent in 2035.

Our reliance on imports from foreign countries — whether stable or unstable — is projected to trend down in the long-term, even though there may be ups and downs along the way.

FactCheck.org : Is Obama to Blame for $4 Gasoline?
www.factcheck.org/2011/03/is-obama-to-blame-for-4-gasoline/
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04:54 PM on 03/17/2012
Fadel Gheit, a former Mobil Oil executive who is now a senior energy analyst at Oppenheimer & Co. Asked about the impact of the deepwater moratorium, Gheit said the moratorium had a

“negative impact on production, but not as much as the politicians would like us to believe.”

The impact of the moratorium on gas prices?

“Nothing. Zero,” he said.
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HUFFPOST SUPER USER
JamesAndre
TheRationalProgressive.com
12:21 PM on 03/17/2012
"Peter S. Goodman fails to limit gas prices!"

I mean, how disingenuous can you get? You neglect to mention that the justice department has taken on three major investigations and two major court cases in the past year, all while being limited by a public employee hiring and wage freeze.

You also neglect to mention that speculating in the commodities market is perfectly legal.
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HUFFPOST SUPER USER
Royce09
Freedom is not Free, cost = Blood of our Military
10:48 AM on 03/17/2012
Obama seems to have no desire to do anything about gas prices and that makes me wonder WHY.
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GunnisonVern
my bio is not micro
11:15 AM on 03/17/2012
Because he is busy chasing windmills.... on his own mission, dreaming his own impossible dream, trying to affect climate.... whatever it is being called today.
08:59 AM on 03/17/2012
When are these people going to start blaming the consumer rather than the government on this matter? Are consumers really making an honest effort to drive only when necessary, or to do anything to rely less on gasoline? I have never seen any real evidence that they are. Just look out your window as you drive to work. How many single drivers do you see congesting the freeway? Just about everyone. That's just one example out of many which shows the lack of effort. The market sees this in their rising profits.
07:38 AM on 03/17/2012
DEAL WITH IT...........This is WHAT will continue to happen BECAUSE of the OPEC deal the GOP put place when Nixon was in office. The GOP put us at the mercy of OPEC and NOW look who suffers for it.
Finding alternate sources of energy is the ONLY WAY TO SOLVE THIS.