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Richard (RJ) Eskow

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Which Lobby Wrote the "JOBS" ("Jivers' Opportunity to Bilk Suckers") Act? Solving a "Bipartisan" Mystery

Posted: 03/20/2012 2:29 pm

Whenever Washington politicians get together on something "bipartisan," there's a very good chance it's a lobbyist-driven initiative -- one that will enrich the lobbyists'' patrons, generate campaign funds for pliant politicians, and stick it pretty much everyone else.

Want to know where a "bipartisan" bill comes from? Follow the money.

Scene of the Crime

The so-called "JOBS" Act is a good example: The acronym stands for "Jump Starting Business Startups," but a better name would be "Jivers' Opportunity to Bilk Suckers." The bill is a sham that declares open season on hapless investors while offering a money-making bonanza to a variety of wealthy political patrons. And it passed the House this month with an overwhelming majority.

Bills like this one don't just write themselves. Washington insiders know that many of them are drafted by industry lobbyists, then delivered to compliant legislators to be submitted and passed as "bipartisan" solutions.

But figuring out who's behind the "JOBS" Bill is a challenge. It's like one of those Agatha Christie mysteries that take place on a wealthy estate -- which is appropriate, given the average personal wealth of a Washington politician -- where everybody in the story is a suspect.

Motive

There has been a lot of reporting on the bill's contents, which are currently being debated on the Senate floor, so we'll stick to the highlights:

It would allow startup companies to advertise for private-citizen investors (sometimes called "crowdfunding"), which means that a lot of people could be suckered into unwise investments with their own savings;

it makes it easier for banks and bank holding companies to play in the investment world again, effectively undoing anything resembling the Volcker rule for these investments;

it would give a tax break to millions of "small businesses," which in its definition would include multimillionaire financial advisors, attorneys, plastic surgeons, and the like, none of whom would create additional jobs as a result;

it would allow companies to conceal key facts, such as the amount they pay their own executives;

and it would ease accounting and other regulatory requirements for so-called "emerging growth companies," giving them far greater license to bilk and deceive those "crowdfunders." (Crowdfunding is a good idea if done properly, but that's not the real goal of this bill.)

Oh, and those "emerging growth companies" could generate as much as a billion dollars per year and still be considered "startups." The economic data's clear on that point: Companies of this size don't generate jobs; smaller ones do.

Opportunity

It's a good thing your humble correspondent has worked on Wall Street. Otherwise it would be possible to believe that the one-billion-dollar limit, although it's ridiculously high, actually means something.

In real life, that sort of thing's easy to get around. When your massive corporation approaches the one-billion-dollar mark -- even after your high-priced lawyers and accountants have used all their tricks to lower its reportable income -- then all you have to do is split the company into two new ones. That way you get to continue evading all the accounting rules - and you can raise even more money from the suckers!

(An amendment's being offered that would moderate some of the bill's more egregious provisions, and is currently being debated, along with the House version of the bill, on the Senate floor.)

It's hard to figure out who's behind the bill when many wealthy and powerful interests stand to benefit from it. Goldman Sachs specializes in packaging IPOs of this kind -- and in ruthlessly bilking its own so-called clients -- so it's a prime suspect. But every other Wall Street bank does the same thing, and all of them have their own PACs and lobbyists.

Wealthy attorneys and financial advisors will also make a killing if this bill passes.

Prime Suspect

But my money's on the National Venture Capital Association, since it's been the loudest Beltway backer of this bill. They have the resources, the means, and the will to draft a bill of this kind. They've been ramping up their spending over the last decade, and they're on track to spend even more this year:

2012-03-20-VCSPENDINGBYYEAR.JPG

And look at their political contributions during the past few billing ... er, I mean, political fundraising cycles:

2012-03-20-VCMONEYBYPARTY.JPG

(above information via Open Secrets)

So far this year the VC Association has given 52 percent to Republicans, 48 percent to Democrats. In 2008 they gave 51 percent to Democrats and 49 percent to Republicans. (Democrats controlled the House that year.) And in 2010 they leaned more heavily Democratic, but still split fairly evenly.

"You're probably wondering why I've called you all here ..."

Still wonder where all this "bipartisanship" came from? As we were saying: Follow the money. The NVCA gives more money to the party that's in power, but greases all wheels in a "bipartisan" way to make sure it can claim victories like this week's House vote.

But we have no evidence that the NVCA actually drafted this bill. The truth is that the bill benefits so many different wealthy interest groups that it's hard to tell which one of them actually did the deed itself. It could've been the Goldman Sachs PAC. Or the JPMorgan Chase PAC. Or the Investment Company Institute PAC. Or the Securities Industry and Financial Markets Association PAC. Or lobbyists for a variety of other interest groups and corporations.

It really is like an Agatha Christie novel, when you think about it, the kind where you find out in the end that out that all of the suspects were guilty parties. And there's a word for deeds that are committed by more than one party:

Bipartisanship.

 

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Whenever Washington politicians get together on something "bipartisan," there's a very good chance it's a lobbyist-driven initiative -- one that will enrich the lobbyists'' patrons, generate campaign ...
Whenever Washington politicians get together on something "bipartisan," there's a very good chance it's a lobbyist-driven initiative -- one that will enrich the lobbyists'' patrons, generate campaign ...
 
 
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05:41 PM on 03/25/2012
Just when I was beginning to feel some faith in the President, again, he goes along with a piece of crap legislation. I live in a very, very red state and even redder congressional district. I literally have no representation in Congress. The representative for my district and the senators for my state hold positions so alien to me, they might as well be communists. They will vote for any legislation that benefits them since they truly qualify for the elite 2%. For the last three years, I have looked to President Obama to give voice to those like me who have no other recourse. I was disappointed time and again until recently when Mr. Obama seemed to find his voice. This legislation, which he supports is so clearly bad on its face, that I am filled with new dread for what the future holds.

The last president and his rubberstamp Congress brought about a financial apocolypse that has wrecked my economic well-being. What hope I had for partial recovery in the last ten or twelve years of my working life will be blasted away if this legislation is enacted and the inevitable massive frauds come to poisonous fruition.
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ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
06:03 PM on 03/21/2012
Nobody had to write the Jobs bill. They just took the 100,000 pages of regulations the Fed government hangs on businesses like an albatross - and started hacking. All those "allows" listed are things formerly prevented, for reasons no one even remembers.

Just like good editors, they cut as much regulation verbiage as they could :-)
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Bogey907
Overfed, long-haired, leaping gnome
04:57 PM on 03/21/2012
Even by Congressional standards, that's really disgusting.
04:23 PM on 03/21/2012
Follow the money...

I'd bet on Martin Marrieta, Haliburton et all.

We clearly need a new rule. Legislators should be forced to write thei own bills and PUT THIER NAME ON IT! If we later discover they did not write the legislation (thier job), they can be fined AND jailed...

Lobbiest MUST NOT be allowed to write Americaas laws.
HUFFPOST SUPER USER
free reign
My country tis of thee!
02:40 PM on 03/21/2012
We are beginning to see a trend. Despite full-on obfuscation.
Pirating our deposits(since Greenspan) and loaning tens of trillions to untaxed, non-citizen interest outpricing our life's necessities.
Insuring mortgage market racketeers that are pirating homes, guaranteed to go into default by banker bought tax/tariff code decimated incomes.
Running healthcare reform through the insurance cartel/"death squad" istead of sigle payer, OR any option avoiding such thievery.
You can guarantee this scheme will be touted as "inspiring" by msm. Sold with such furor as loads of all of the other toxic junk dumped on us, and touted as "good for us."
lol They spend hours and hours contriving a plot around the basic plan of concealing executive compensation, THAT was the real objective of this bill. Create another extraction w/o taxation stream.
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General Washington
In the future, I return as Geddy Lee
02:19 PM on 03/21/2012
But, but, but...

Remember: Vote for Democrats or the Republicans will destroy the country (a little quicker, maybe)!
02:16 PM on 03/21/2012
And Blago goes to prison for 14 years. A Citizen's Watch vigilante shoots down a teenager carrying some Skittles and no jail for him. We don't understand that Exxon will sell gas at $5/gal in India or China, not $2/gal in USA, even if they drill it off our beaches. So sure, it's rational that our elected representatives in Congress are all crooks, skalawags, bamboozlers, con artists. And naturally, the religious preach hell fire and damnation to those who use contraception, or want same sex marriage. They either can't count to 10, or they are counting differently. Whatever, this is not the USA I grew up in.
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CenaW
Did you know AOL belongs to A L E C
11:46 AM on 03/21/2012
I am glad someone who has a voice in the nation's dialog noticed this disaster.
Call it the Fraud Guarantee Bill, written to bilk investors and the nation.
10:45 AM on 03/21/2012
This is why so many Americans are disgusted with Congress and disaffected from the whole political process in this country now. Despite modest signs of improvement, the economic recovery is still tenuous at best, more theory than reality for most Americans, but what is Congress doing to help? They're working overtime to pay back their financial backers, of course, even at the risk of encouraging another collapse down the road. This is why I scoff at the Friedman types who idolize bipartisanship, because in the end, both parties work together to screw over the people that elected them.
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kamachanda
Mr. President, Tear this Wall Street down!
11:07 PM on 03/20/2012
They won't stop until it blows up in their hands again and there is no one left to bail them out.
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satanlite
Liberal blogger
12:00 PM on 03/21/2012
By then the American Worker will have been transferred to block houses on benevolent plantations where we will be worked literally to death to keep the 1% floating in yachts and eating prime rib served to them by illegal immigrants.
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Katherine Schock
Over the hill,liberal,organic gardener
06:39 PM on 03/20/2012
Thanks, RJ! Having your pocket picked by both parties, in a bipartisan manner, doesn't leave that same pocket any fuller! It would seem that we have a Congress full of equal opportunity pick pockets!
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kimk3
04:06 PM on 03/20/2012
Great post. Thanks for breaking down this difficult issue with clarity.