dimelab dimelab: shrinking the gap between talk and action.

Law Topic in The Credit Debacle Catalog

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naked capitalism Tue 2009-10-27 12:45 EDT

More on Banks Engaging in Mortgage Fraud

Hoisted from comments: I am a lawyer who has been involved in corporate finance for over 25 years...the securitization industry 5-10 years ago made a collective choice to ignore the terms of contracts, state and local laws and legal convesntions developed over hundreds of years. Why? Because they could. Our legal system and conventions were built on the assumption that most businesses would choose to follow them. Instead, the securitization industry simply developed a cost/benefit approach to following the law and adhering to contracts. It worked quite well becaseu most individuals just aren't equipped to read and enforce their mortgage agreements or fully understand the law.

banking engage; mortgage fraud; naked capitalism.

naked capitalism Fri 2009-10-23 09:50 EDT

Guest Post: The Ongoing Cover Up of the Truth Behind the Financial Crisis May Lead to Another Crash

William K. Black -- professor of economics and law, and the senior regulator during the S & L crisis -- says that that the government's entire strategy now -- as during the S&L crisis -- is to cover up how bad things are (''the entire strategy is to keep people from getting the facts'')...PhD economist Dean Baker made a similar point, lambasting the Federal Reserve for blowing the bubble, and pointing out that those who caused the disaster are trying to shift the focus as fast as they can...Economist Thomas Palley says that Wall Street also has a vested interest in covering up how bad things are...The media has largely parroted what the White House and Wall Street were saying...One of the foremost experts on structured finance and derivatives -- Janet Tavakoli -- says that rampant fraud and Ponzi schemes caused the financial crisis. University of Texas economics professor James K. Galbraith agrees...Congress woman Marcy Kaptur says that there was rampant fraud leading up to the crash...Black and economist Simon Johnson also state that the banks committed fraud by making loans to people that they knew would default, to make huge profits during the boom, knowing that the taxpayers would bail them out when things went bust.

Crash; Financial Crisis; Guest Post; lead; naked capitalism; Ongoing Cover; truth.

The Big Picture Sun 2009-10-11 16:08 EDT

Kaptur & Johnson on Bill Moyers

Former International Monetary Fund chief economist Simon Johnson and US Rep. Marcy Kaptur (D-OH) report on the state of the economy... MARCY KAPTUR: Think about what these banks have done. They have taken very imprudent behavior, irresponsible. They have really gambled, all right? And in many cases, been involved in fraudulent activity. And then when they lost, they shifted their losses to the taxpayer. So, if you look at an instrumentality like the F.H.A., the Federal Housing Administration. They used to insure one of every 50 mortgages in the country. Now it's one out of four. MARCY KAPTUR: Because what they're doing is they're taking their mistakes and they're dumping them on the taxpayer. So, you and I, and the long term debt of our country and our children and grandchildren. It's all at risk because of their behavior. We aren't reigning them in. The laws of Congress passed last year in terms of housing, were hollow. ... SIMON JOHNSON: And Rahm Emanuel, the President's Chief of Staff has a saying. He's widely known for saying, `Never let a good crisis go to waste'. Well, the crisis is over, Bill. The crisis in the financial sector, not for people who own homes, but the crisis for the big banks is substantially over. And it was completely wasted. The Administration refused to break the power of the big banks, when they had the opportunity, earlier this year. And the regulatory reforms they are now pursuing will turn out to be, in my opinion, and I do follow this day to day, you know. These reforms will turn out to be essentially meaningless.

Big Picture; Bill Moyers; Johnson; Kaptur.

The IRA Analyst Thu 2009-09-17 10:22 EDT

Back to Basis for Securitization and Structured Credit: Interview With Ann Rutledge

To get some further insight into the world of securitization and cash flows, we spoke last week to Ann Rutledge of RR Consulting...The difference between a futures contract for T-bonds and a credit default swap is that the former is a real contract for a real deliverable, whereas the CDS trades against what people think is the cash basis, but there is no cash market price to discipline and validate that derivative market. Rutledge: a contract or structure without a cash basis should not be allowed at all. You cannot have a derivative that is honest and fair to all market participants without a true cash basis. ...derivatives markets such as CDS and CDOs that have no cash basis tend to magnify speculative excesses, while derivative markets where there is a visible cash basis market to discipline investor behavior seem less unstable in terms of systemic risk. Rutledge: If the cash market were visible and could be examined by all participants, then it would give away the ability of the dealer banks to tax participants in the market and extract these abnormal returns. So how do we fix the problem... Rutledge: These originators play this game over and over again and they don't get caught, in part because we do not have a common, standardized set of definitions for governing the most basic aspects of the securitization process. The buyers don't do the work and the accounting framework is a counterparty-oriented framework, not one that is focused on the underlying assets. So banks like Countrywide and WaMu originated and sold some truly hideous structures during the bubble, but the buyers only diligence was reliance upon recourse to these banks. It costs maybe 50bp for a buyer to get the data and grind the numbers to really diligence a securitization based on cash flows, even a complex CDO. But the cost to the buyer and the system of not doing the diligence is an order or magnitude bigger. If the Congress, the SEC and the FASB, and the financial regulators only do one thing this year when it comes to reforming the world of structured credit, then it should be to impose by law and regulation common standards for the definitions used in the marketplace.

Ann Rutledge; basis; interview; IRA Analyst; securitizations; structured credit.

Language Log Wed 2009-09-16 18:57 EDT

Language Log >> Google Books: A Metadata Train Wreck

.This is almost certainly the Last Library, after all. There's no Moore's Law for capture, and nobody is ever going to scan most of these books again. So whoever is in charge of the collection a hundred years from now -- Google? UNESCO? Wal-Mart? -- these are the files that scholars are going to be using then. All of which lends a particular urgency to the concerns about whether Google is doing this right...you need good metadata. And Google's are a train wreck: a mish-mash wrapped in a muddle wrapped in a mess.

Google Books; Language Log; Metadata Train Wreck.

The IRA Analyst Sun 2009-09-13 12:14 EDT

House Testimony: The Trouble With Models Starts With Subjectivity

...we have now many examples where a model or the pretense of a model was used as a vehicle for creating risk and hiding it. More important, however, is the role of financial models for creating opportunities for deliberate acts of securities fraud..the widespread use of [VaR] statistical models for risk management suggest that financial institutions are subject to occasional "Black Swans" in the form of risk events that cannot be anticipated...We don't actually believe there is such a thing as a "Black Swan."...leaders in finance and politics simply made the mistake of, again, believing in what were in fact flawed models...Or worse, our leaders in Washington and on Wall Street decided to be short sighted and not care about the inevitable debacle...We need to simply ensure that all of the financial instruments in our marketplace have an objective basis, including a visible, cash basis market that is visible to all market participants. If investors cannot price a security without reference to subjective models, then the security should be banned from the US markets as a matter of law and regulation. To do otherwise is to adopt deception as the public policy goal of the US when it comes to financial markets regulation.

House testimony; IRA Analyst; models starting; subject; Troubles.

Tue 2009-06-16 00:00 EDT

naked capitalism: Are Bankruptcy Laws Too Tough?

bankruptcy laws; naked capitalism; tough.

Fri 2009-05-08 00:00 EDT

Rebuttal To Mish: FRL - The Market Ticker

fractional reserve lending defended against claim of fraudulence; ``So long as the bank never lends out more unsecured than it has in excess capital, there has been no fraud. The instant the bank does so, it has committed fraud.'' ``Our failure is regulatory. It is against the law to commit fraud and yet we have refused to prosecute those who have claimed to be solvent when they are not. ''

FRL; Market Ticker; Mish; Rebuttal.

Tue 2009-04-21 00:00 EDT

naked capitalism: 2005 Bankruptcy Law Changes Have Worked to Detriment of Credit Card Companies

2005 bankruptcy law changes; credit card company; Detrimental; naked capitalism; working.

Mon 2009-01-19 00:00 EST

naked capitalism: Mother-In-Law Research and JP Morgan

JP Morgan; Law research; mother; naked capitalism.

Fri 2008-11-07 00:00 EST

naked capitalism: Investment Banks Hoist on 2005 Bankruptcy Law Changes Petard

2005 Bankruptcy Law Changes Petard; Investment Banks Hoist; naked capitalism.

Tue 2008-05-13 00:00 EDT

naked capitalism: Microsoft Still Trying Evade the Rule of Law (EU Antitrust Edtion)

EU Antitrust Edtion; Law; Microsoft; naked capitalism; rules; Trying Evade.

Fri 2007-11-09 00:00 EST

naked capitalism: New Bankruptcy Law Backfires by Increasing Foreclosures

increasing foreclosures; naked capitalism; New Bankruptcy Law Backfires.

Thu 2007-10-18 00:00 EDT

Conglomerate Blog: Business, Law, Economics & Society

A Fiendishly Ingenious Confidence Scheme, by Lawrence Cunningham; MLEC critique; SIV crisis

business; Conglomerate Blog; economic; Law; Society.

Mon 2007-09-17 00:00 EDT

naked capitalism: Hedgies Hoist on the New Bankruptcy Law Petard?

Bankruptcy reform means liquidation not reorganization for troubled borrowers

Hedgies Hoist; naked capitalism; New Bankruptcy Law Petard.

Sat 2007-07-07 00:00 EDT

Bush's Real Fourth of July Message to Nation: Unprintable - The Smirking Chimp

Bush's Real Fourth of July Message to Nation: Unprintable, by Elizabeth de la Vega; Libby sentence commutation "a study in perfidy and disregard for the law" - The Smirking Chimp

Bush's real; July Message; nation; Smirking Chimp; unprintable.

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