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Robert Reich

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The Wall Street Scandal of All Scandals

Posted: 07/07/2012 8:53 pm

Just when you thought Wall Street couldn't sink any lower -- when its myriad abuses of public trust have already spread a miasma of cynicism over the entire economic system, giving birth to Tea Partiers and Occupiers and all manner of conspiracy theories; when its excesses have already wrought havoc with the lives of millions of Americans, causing taxpayers to shell out billions (of which only a portion has been repaid) even as its top executives are back to making more money than ever; when its vast political power (via campaign contributions) has already eviscerated much of the Dodd-Frank law that was supposed to rein it in, including the so-called "Volcker" Rule that was sold as a milder version of the old Glass-Steagall Act that used to separate investment from commercial banking -- yes, just when you thought the Street had hit bottom, an even deeper level of public-be-damned greed and corruption is revealed.

Sit down and hold on to your chair.

What's the most basic service banks provide? Borrow money and lend it out. You put your savings in a bank to hold in trust, and the bank agrees to pay you interest on it. Or you borrow money from the bank and you agree to pay the bank interest.

How is this interest rate determined? We trust that the banking system is setting today's rate based on its best guess about the future worth of the money. And we assume that guess is based, in turn, on the cumulative market predictions of countless lenders and borrowers all over the world about the future supply and demand for the dough.

But suppose our assumption is wrong. Suppose the bankers are manipulating the interest rate so they can place bets with the money you lend or repay them -- bets that will pay off big for them because they have inside information on what the market is really predicting, which they're not sharing with you.

That would be a mammoth violation of public trust. And it would amount to a rip-off of almost cosmic proportion -- trillions of dollars that you and I and other average people would otherwise have received or saved on our lending and borrowing that have been going instead to the bankers. It would make the other abuses of trust we've witnessed look like child's play by comparison.

Sad to say, there's reason to believe this has been going on, or something very much like it. This is what the emerging scandal over "Libor" (short for "London interbank offered rate") is all about.

Libor is the benchmark for trillions of dollars of loans worldwide -- mortgage loans, small business loans, personal loans. It's compiled by averaging the rates at which the major banks say they borrow.

So far, the scandal has been limited to Barclay's, a big London-based bank that just paid $453 million to U.S. and British bank regulators, whose top executives have been forced to resign, and whose traders' emails give a chilling picture of how easily they got their colleagues to rig interest rates in order to make big bucks. (Robert Diamond, Jr., the former Barclay CEO who was forced to resign, said the emails made him "physically ill" -- perhaps because they so patently reveal the corruption.)

But Wall Street has almost surely been involved in the same practice, including the usual suspects -- JPMorgan Chase, Citigroup, and Bank of America -- because every major bank participates in setting the Libor rate, and Barclay's couldn't have rigged it without their witting involvement.

In fact, Barclay's defense has been that every major bank was fixing Libor in the same way, and for the same reason. And Barclays is "cooperating" (i.e., giving damning evidence about other big banks) with the Justice Department and other regulators in order to avoid steeper penalties or criminal prosecutions, so the fireworks have just begun.

There are really two different Libor scandals. One has to do with a period just before the financial crisis, around 2007, when Barclays and other banks submitted fake Libor rates lower than the banks' actual borrowing costs in order to disguise how much trouble they were in. This was bad enough. Had the world known then, action might have been taken earlier to diminish the impact of the near financial meltdown of 2008.

But the other scandal is even worse. It involves a more general practice, starting around 2005 and continuing until -- who knows? it might still be going on -- to rig the Libor in whatever way necessary to assure the banks' bets on derivatives would be profitable.

This is insider trading on a gigantic scale. It makes the bankers winners and the rest of us -- whose money they've used for to make their bets -- losers and chumps.

What to do about it, other than hope the Justice Department and other regulators impose stiff fines and even criminal penalties, and hold executives responsible?

When it comes to Wall Street and the financial sector in general, most of us suffer outrage fatigue combined with an overwhelming cynicism that nothing will ever be done to stop these abuses because the Street is too powerful. But that fatigue and cynicism are self-fulfilling; nothing will be done if we succumb to them.

The alternative is to be unflagging and unflinching in our demand that Glass-Steagall be reinstituted and the biggest banks be broken up. The question is whether the unfolding Libor scandal will provide enough ammunition and energy to finally get the job done.

ROBERT B. REICH, Chancellor's Professor of Public Policy at the University of California at Berkeley, was Secretary of Labor in the Clinton administration. Time Magazine named him one of the ten most effective cabinet secretaries of the last century. He has written thirteen books, including the best sellers "Aftershock" and "The Work of Nations." His latest is an e-book, "Beyond Outrage." He is also a founding editor of the American Prospect magazine and chairman of Common Cause.

 

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HUFFPOST SUPER USER
Alain Lareau
09:28 AM on 07/14/2012
Join the Glass-Steagall Army, ,, get history
http://metaphorman.tripod.com/002/P2.html
01:32 AM on 07/12/2012
Will only happen if the tea party congress falls.
09:37 PM on 07/11/2012
Capitalism and the free market at it's best. No, we don't need no stinking regulations. We regulate ourselves and always have our clients best interests in mind. HAHAHAHA. As I go deposit my fat check. I need a bigger bonus. Hey, let's raise the interest rate. My bonus is linked to profits and this will create more profit, no jobs though. Nobody will even notice because it won't hurt. Or at least it won't hurt me. HAHAHAHA. Yup, the free market and competition really brought those interest rates down didn't they.
04:39 PM on 07/11/2012
As dear Adam Smith said,

"Though the principles of the banking trade may appear somewhat abstruse, the practice is capable of being reduced to strict rules. To depart upon any occasion from those rules, in consequence of some flattering speculation of extraordinary gain, is almost always extremely dangerous, and frequently fatal, to the banking company which attempts it."

Of course, he didn't know about "too big to fail" :-)
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11:33 AM on 07/11/2012
What? The corporate banking system is corrupt and above the law? WWHHAATTT? That is crazy talk. I've never heard that before, since, like, forever and ever.
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08:32 AM on 07/11/2012
Forget healthcare, maybe it's time to nationalize banks.
06:20 PM on 07/10/2012
These actions, if they turn out to be as true as stated, are egregiously criminal acts. Should these bankers just get away with paying a fine and returning some cash, maybe losing their lofty positions, or should they get a long term sentence to a prison in their state; a federal prison perhaps? These are not mistakes being made by some bad algorithmic formula, or some malfunctioning computer software! No, these are crimes that the criminals knew were criminal when they were doing them. This is what normal people would get arrested for if they committed them, but some how, our elected leaders have become convinced that extreme wealth and power should always be above the actions of the laws of our land. Is America, or the banks, too big to fail? Break up the big banks, jail the criminals, replace Glass Steagle with itself...strengthened, and put some horrifically strong penalties upon and around the necks of any person or persons wielding that kind of monetary authority. We should also nationalize the Federal Reserve and start printing our own money again. Giving rich bankers the right to own our monetary system outright, instead of leaving that power in the hands of the American people, was on of the ultimate treason's conducted against our democracy.
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11:20 AM on 07/11/2012
Don't be naive. You have it backwards. The US doesn't control the banking families. The banking families are our literal kings. The politicians know this, the general public doesn't. The US was taken over by a banking cabal a long time ago. Politicians are afraid of the banks because the banking families use the same techniques as the Scientologists: dig up dirt and blackmail.

You don't get into political power without a life-ending secret to exploit.

We need another Andrew Jackson. He should be on Mt. Rushmore instead of Hamilton, who was a banker sellout (we can't have the US understanding what Jackson actually did). Just looking at Mt. Rushmore makes me sick because you know putting Hamilton up there was no accident, it was an attack on Jackson. The bankers were calling us idiots, because, we are.
02:26 PM on 07/11/2012
Hamilton isn't on Mt. Rushmore. Washington, Lincoln, T. Roosevelt, and Jefferson. Don't want to be snarky, just wanted you to know.
04:20 PM on 07/12/2012
Naive? Why don't you read what I wrote instead of thinking you know the truth about everything. Name calling will also not get you very far in a debate. I suppose next you will start the ad hominem attack because you don't agree. I don't have it backwards, either, Studying what others said does not just mean looking for what you disagree with. I actually think that you and I are basically saying the same thing...I am just a little more militant than you are, and obviously a lot older and maybe a little wiser. I said maybe!.
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HUFFPOST SUPER USER
Peta51
Humane Rights Advocate
06:07 PM on 07/10/2012
Is this like inside the Inside stock market trading?
04:44 PM on 07/10/2012
Reauthorize the Glass-Steagall Act now. Jail the bankers, all of them now.
Return the billions to those they defrauded. "Wall sucker Street" is a Casino. Shut it down.
12:43 PM on 07/10/2012
This "news" was reported in the Economist over 3 months ago. Does it really come as a surprise? So long as there are regulators who are deeply connected and recruited by the governments to which they are responsible, due of their experience within the banking system, these problems will perpetuate. Practical and efficient mechanisms must be intelligently constructed and implemented independently of the financial institutions. Furthermore, it must be an international effort, as business banking and investment houses, just as are corporations - multinational.
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12:28 PM on 07/10/2012
Changing accounts over to credit unions is a start just as I did earlier this year. There are credit unions that will be happy to have new accounts and customers without a required association or organization in order to join. No matter who the regulators turn out to be, DOJ, SEC, etc. customers can make a significant impact on this corruption by moving their accounts to credit unions now. When customers talk with their feet people listen. This newest mess is going to play out in the courts for years to come while investigators sort out who to charge, and for what. This is white collar corruptions and crimes at the corporate boardroom level.
HUFFPOST SUPER USER
heywould j
10:53 AM on 07/10/2012
"What to do about it, other than hope the Justice Department and other regulators impose stiff fines and even criminal penalties, and hold executives responsible?"

"hope?:" Come on, Bob quit lobbing the sift balls. Libor fixing is racketeering of the highest magnitude. It is absolutely incumbent on the Justice Department to meet out some justice. The fixers need to see prison time similar to those imposed on the mafia and other organizer crime racketeers.
10:35 AM on 07/10/2012
"The Wall Street Scandal of All Scandals" reads the headline.

But in the text we are informed that "So far, the scandal has been limited to Barclay's, a big London-based bank ..."

Although quite eager is he to offer up financial regulatory advice, Mr. Reich seems unaware that Wall Street is in lower Manhattan, not London.
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ronin8404
The FF were right, except when they were wrong.
01:07 PM on 07/10/2012
I believe the context is one of prediction based on a resonable premise that it is highly unlikely that U.S. banks were not involved given what we know about the financial crisis which resulted in "too big to fail."

Time will tell if Reich is correct.
02:07 PM on 07/10/2012
So we severed all the phone lines to London???
05:31 PM on 07/10/2012
If all it takes is a phone line, then I guess I'm "Wall Street" too. 
HUFFPOST SUPER USER
Peter Everts
Combat vet. technical trainer, progressive,atheist
10:32 AM on 07/10/2012
Get out of the Federal Reserve, print our own money backed by the full faith and credit of the United States and let the banks sink under the weight of their own perifidy and greed. To big to fail, my ass.
HUFFPOST SUPER USER
GWeitz
10:04 AM on 07/10/2012
Seems obvious, the politicians most in the pocket of Wall St. bankers are the ones who object to regulations. Duh Figure out how your Congressman and Senator voted on Wall St. regulations and vote accordingly. It's not what they say, it's what they do. Let's face it, regulations are necessary.