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William K. Black

William K. Black

Posted: October 15, 2010 06:18 PM

One of our family sayings is: "you can't compete with self-parody". Daniel Henninger is the most recent proof of this saying. He authored a column on October 14, 2010 entitled "Capitalism Saved the Miners." Mr. Henninger is an editorial writer/editor for the Wall Street Journal. His essay, of course, was designed to attack President Obama. Mr. Henninger wrote that the rescue of the Chilean miners reflected badly on President Obama's criticism of Republican candidates' views about markets:

"The basic idea is that if we put our blind faith in the market and we let corporations do whatever they want and we leave everybody else to fend for themselves, then America somehow automatically is going to grow and prosper."

Henninger's responded to this quotation from the President:

"Uh, yeah. That's a caricature of the basic idea, but basically that's right. Ask the miners.

If those miners had been trapped a half-mile down like this 25 years ago anywhere on earth, they would be dead. What ... meant the difference between life and death for those men?

Short answer: the Center Rock drill bit.

Longer answer: The Center Rock drill [was] developed by a small company in it for the money, for profit. That's why they innovated down-the-hole hammer drilling. If they make money, they can do more innovation.

This profit = innovation dynamic was everywhere at that Chilean mine."

Well, not really. Let's begin with why the miners needed to be saved. They needed to be saved because the private mine they worked for appears to have been a "control fraud."

In a control fraud the person controlling a seemingly legitimate entity uses it as a "weapon." Our ongoing financial crisis was driven by an epidemic of accounting control fraud, which caused the housing and commercial real estate bubbles to hyper-inflate. Accounting control frauds target creditors and shareholders as their primary victims. Anti-purchaser control frauds maximize profits by defrauding purchasers about quality and/or quantity in order to gain a competitive advantage over honest sellers. George Akerlof described this form of control fraud in his famous 1970 article on "lemons." Anti-purchaser control frauds can maim or kill their victims, e.g., Chinese infant formula frauds. The worst anti-employee control frauds increase profits by avoiding costs that would protect workers from being maimed and killed. Illegal, private Chinese coal mines are the infamous example of this type of control fraud.

We know that the Chilean mine was private, that it had a bad safety record, and that it has been ordered to shut down permanently. The BBC reports that the (strongly conservative) President Pinera promised the people of Chile that: "never again in Chile would people be allowed to work in such inhumane conditions." Reports from Chile stress that the mine violated the law in failing to have a second entrance to the mine (which would have greatly reduced the risk of the miners being trapped by the collapse of a portion of the shaft). Local officials have claimed that the only way the mine owners could have gotten away with such an obvious violation of the safety rules was through bribery of the regulatory officials.

Reports from Chile also state that the mine did not have the required ladder that would have allowed the workers to escape the mine in the immediate aftermath of the collapse through a ventilation shaft that subsequently became inaccessible. The "innovation dynamic" that was "everywhere" in the Chilean mine due to the profit motive also explains why the ladder was not there. To sum it up, the miners wouldn't have had to be rescued but for the perverse incentives of that unregulated capitalism inherently produces (which is what Obama warned about). (The governmentally-owned coal mines in China also have a far better safety record than the private Chinese coal mines.)

Once the mine shaft collapsed in Chile, the private mining company declared that it not only could not pay to rescue the miners -- it could not even pay their wages. The private company threatened to file for bankruptcy. The rescue was paid for by the State-owned mine (i.e., the Chilean government had to bail out the private mine owner to the tune of an estimated rescue cost of $10 to $20 million in order to rescue the miners). A $25 ladder apparently would have prevented the tragedy, but the private owners' profit motive led them to avoid that expense. The Chilean mine had gold and copper ore. Both of those minerals are selling for record prices. This makes the private mining company's failure to provide another exit and a ladder all the more outrageous. Where did the profits go? Capitalism would have left the miners to die. The government paid to rescue the miners.

Mr. Henninger is right to advise that we should "ask the miners" -- because that is exactly what the private mine and Mr. Henninger failed to do. The private mine ignored the miners' warnings about the inadequate safety of the mine. The government of Chile did not listen to the miners' union on safety issues. And the miners' families sued the private mine owners -- blaming them for the collapse that nearly killed them.

When we prevent a corporation from engaging in fraud or endangering its workers we do not harm capitalism, but rather save honest businesses from being driven from the marketplace. Akerlof demonstrated in 1970 -- forty years ago -- that control frauds can produce a "Gresham's" dynamic in which the markets drive ethical firms and professionals out of the marketplace. When cheaters prosper, markets become perverse. Effective regulators serve as the "cops on the beat" that allow honest firms, workers, lenders, investors, consumers, and taxpayers to prosper.

Crossposted from New Deal 2.0.

 
 
 
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HUFFPOST SUPER USER
objectivist510
Atheists Against Altruism
02:43 PM on 10/31/2010
Why is it almost a crime to say capitalism saved these men, but to say “Faith has moved mountains” as the Chilean president did is not even questioned? Compare the earthquake that happened in Haiti and the earthquake in Chile. More wealth and prosperity is a result of capitalism.
12:55 AM on 10/19/2010
"When we prevent a corporation from engaging in fraud or endangering its workers we do not harm capitalism, but rather save honest businesses from being driven from the marketplace. Akerlof demonstrated in 1970 -- forty years ago -- that control frauds can produce a "Gresham's" dynamic in which the markets drive ethical firms and professionals out of the marketplace. When cheaters prosper, markets become perverse."

Really excellent.
05:30 PM on 10/18/2010
Would Henniger also say that capitalism plugged the Deepwater Horizon well?
08:00 PM on 10/18/2010
Of course he would. The free marketeers (tm) are incapable of saying anything else.
Also, the answer to every problem is "free the market"... so long as you frame the question right.
12:55 AM on 10/19/2010
He would certainly call it a spill instead of a leak.
01:22 PM on 10/18/2010
Almost everything in the article about Chile and the mine and the mine operator taking advantage of its workers is disgusting. What's that got to do with Henniger's observation that profit motivates innovation? Innovation flourishes best in capitalist driven market. Informed consumers / workers are the best protection against abuse.
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11:55 PM on 10/17/2010
Did anyone give Him credit for the miners' rescue ?
10:51 PM on 10/17/2010
Control Fraud is a term Black has coined, but I rather doubt his use of the term. The article Akerlof cites is about information assymetry, which is where one person knows something, and others have to guess what that person knows.

Akerlof's law of lemons suggests if you cannot tell the difference between a honest/dishonest or high quality/low quality firm, then you'll assume the firm is dishonest/low quality. This causes people to pay less if they cannot tell the firm is honest/high quality. This frustrates high quality firms, because they get less than they would like.

Akerlof's work suggests that you want to develop a reputation for being honest/high quality, and there is an economic incentive to do so. IMHO, that suggests that the chilean mine owner were more the exception, not the rule.

Obviously some firms try to cheat, no doubt. But it seems if a firm's executives are rational, they recognize they are taking major risks by cheating.

My own experience is that firms take safety a lot more seriously than 30 years ago.
12:57 AM on 10/19/2010
You are speaking without taking context into consideration.

Copper and gold buyers do not have quality issues. Ore is ore. People in corrupt systems do not have regulation issues; regulators are bribed or do not exist.

Perverse incentives can indeed be rife, and are common.
10:25 PM on 10/17/2010
thank you! it's a combo of capitalism and gov't to keep it in check given what it does when unchecked as we're seeing now. nobody i know in the US is against capitalism. it's in our blood! saying otherwise is foolish. we need it to be monitored so it's optimized, not disastrous.
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aacme
My micro-bio is on a strict need-to-know basis.
09:33 PM on 10/17/2010
The big city school district I once worked for was a microcosm of the situation described in this piece. The school construction process was so distorted by the lobbying of the public works contractors association that bidding and construction administration oversight was watered down to the point that legitimate bidders couldn't compete. This is the rule, rather than the exception, in public works construction.
My general impression has for a long time been that the entire capitalist system works exactly the same way. Fascinating that the hated Karl Marx described this situation 150 years ago. The solution, of course, is not abandoning capitalism per se but understanding that capitalism works best when rigorously regulated. The members of that contractor's association were all big Republican donors.
01:13 PM on 10/18/2010
Love the logic here ... big city school district (government) can't be trusted to build schools, but they can be trusted to rigorously regulate businesses??

Oh, and BTW, capitalism works best with informed consumers.
08:53 PM on 10/17/2010
Perhaps this is a reflection of capitalism and safety:

American Coal Co. mine rescue team repeats as champions in R.E. Jones Mine Rescue Competition
http://www.carmitimes.com/news/x1560878165/American-Coal-Co-mine-rescue-team-repeats-as-champions-in-R-E-Jones-Mine-Rescue-Competition

"The day-long competition, organized by the Mine Safety and Health Administration District 8 office and the Illinois Department of Natural Resources, allowed the federal and state mine inspectors who served as judges to evaluate participants' ability to assess hazards, solve problems and work as a team while carrying out an emergency rescue operation safely..
Safety is the first priority in any mine and having a well-trained rescue team adds a level of safety and preparedness that benefits all of our miners," said Joe Myers, ACC safety compliance manager and rescue team captain, who has been involved with mine rescue operations for more than 25 years. "This is an all-volunteer team committed to being the first line of response in an actual emergency. It's a life-saving commitment they take very seriously."
schatsie
Wall Street is Worse than Vegas
07:35 PM on 10/17/2010
I would like to hear more about Control Fraud....and Cartels and Monopolies...I really am not clear about it.
09:26 AM on 10/19/2010
Here is a talk Mr Black gave last week...you can also hear the whole thing if you follow the link at YouTube
http://www.youtube.com/watch?v=O3JTPzW3xmg
06:07 PM on 10/17/2010
There are SO many inaccuracies in this. First, the housing bubble wasn't caused by a "control-fraud" it was caused by government regulation, specifically the Community Reinvestment Act of 1978 which mandated that banks had to make subprime loans to people who logically wouldn't be able to pay it back...sound familiar? Then during the Clinton admin, Barney Frank led a group which put real teeth in the act and we're off the the housing bubble races. Second, China has the WORST mine safety record on the planet. No one devalues life like the Chinese. Remember when Mao killed over 100 million of his countrymen? What planet are you living on, dude? And your statement that capitalism would have left the miners to die is bizarrely irrational. Where is the profit in letting 33 miners die? Wow...what a twisted mindset.
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Jim Pasterczyk
Banned!
06:33 PM on 10/17/2010
Where is the profit in letting 33 miners die? How about not having to pay for all that rescue drilling equipment and the time of the rescuers? This was the perverse capitalist incentive; the mine owner was gambling with the lives of the miners that there wouldn't be a cave-in by not installing that rescue ladder down the ventilation shaft. He made money not doing that up until the point where it became needed because of the cave-in. If the world press hadn't gotten ahold of this story he would have gotten off scot free; instead the world held its breath waiting for the rescue which is not free except for whatever pro bono services and goods people wanted to volunteer. And in the meantime there was another cave-in at a gold mine in Ecuador killing two, two more missing, and an explosion at a coal mine in China killing a bunch with more unaccounted for. Pure capitalism treats workers as mere cost inputs.
06:41 PM on 10/17/2010
There was an American Car company that decided to pay wrongful death suits instead of fixing a problem with one of their cars because it was cheaper to pay the suit instead of fixing the part.

That's what capitalism does. So, it comes as no surprise that a corporation would let those 33 miners die.
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HUFFPOST SUPER USER
cwebster
predominantly exasperated
06:48 PM on 10/17/2010
Capitalism is rife with cynicism when people's lives are at stake...
05:20 PM on 10/17/2010
Well. lets see, if we keep mines safe, thats good. Wow, never thought about that. You socialist seem to just know everything but how to stop socialist governments like Greece from failing.
05:29 PM on 10/17/2010
What is Socialism? US Military is Socialism.
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HUFFPOST SUPER USER
Codefile
Does anybody know the tab to that song?
09:24 PM on 10/17/2010
All govt is socialism....paid for by taxes. Fire, police,
military, schools so forth.
Only koo-koo libertarians think this is "abusive".
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morris111
fac fortia et patere
10:01 PM on 10/17/2010
Obviously you are not a military person
06:12 PM on 10/17/2010
But gosh, what if it's not profitable to keep them safe? What would a capitalist say then?
frankiebarbella
hell hath no fury, like a bureucrat scorned!
08:37 PM on 10/17/2010
In a capitalist system, those who fail go out of business. Therefore, if a company consistently over time treats their customers or employees without high regard, they go under!
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LeftCoastEng
Obsessed with failed trade
04:44 PM on 10/17/2010
Great post Mr. Black. I would be interested in your views of free trade vs. regulated trade. To me, removing all trade barriers (or trying to) and walking away is just as irresponsible as expecting the free market alone to incent labor and environmental responsibility.
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Jim Pasterczyk
Banned!
06:35 PM on 10/17/2010
That's why the Dems have tried again and again to insert clauses in all those free trade treaties protecting the rights of the workers and requiring adherence to environmental standards, things the laissez faire GOP keeps trying to strip out.
frankiebarbella
hell hath no fury, like a bureucrat scorned!
08:41 PM on 10/17/2010
Even the GOP, with all its lip service does not believe in laissez faire. That would mean that those entities and individuals that contribute to the GOP would have to compete, which most businesses do not want to do. The choice, in political parties is, what entities do you want to support. It is not, free market or regulated market. The free market in the US does not exist and has not since early in the last century.
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09:14 PM on 10/17/2010
"incent" to "insert"? How do you do that?
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09:11 PM on 10/17/2010
What is "incent"?
02:47 PM on 10/17/2010
Wall Street Journal - best example of what a right-wing (lying machine) much of US Media is:
http://RealNewsPost.com?n=ThinkDeep.34031
02:11 PM on 10/17/2010
In communist China, 21 men died in a mine explosion yesterday. By all accounts, communist China is the most dangerous place in the world to be a miner.

Sir, your celebration of socialism and condemnation of capitalism is sorely misplaced.
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HUFFPOST SUPER USER
Louis Bloom
03:06 PM on 10/17/2010
"The governmentally-owned coal mines in China also have a far better safety record than the private Chinese coal mines."
06:08 PM on 10/17/2010
Wrong again.
08:16 PM on 10/17/2010
Indeed, you will never hear a negative safety report from a government run mine. Can't believe you're that naive.
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HUFFPOST PUNDIT
Meggie
Your micro-bio did not meet our guidelines.
04:17 PM on 10/17/2010
Using one extreme to support the other extreme is disingenuous and undercuts your whole argument before you even get started.
08:10 PM on 10/17/2010
Then you concede Mr. Black's arguments are extreme.