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Danny Schechter's 'The Crime of Our Time' Danny Schechter is a media activist, critic, independent filmmaker, and TV producer as well as an author of 10 books and lecturer on media issues. Some call him "The News Dissector," and that's the name of his popular blog on media issues. He's also the co-founder of Media Channel.org that covers the "political, cultural and social impacts of the media," and provides information unavailable in the mainstream.
Schechter's books include The More You Watch The Less You Know, Plunder: Investigating Our Economic Calamity and the Subprime Scandal, and his newest and subject of this review, The Crime of Our Time: Was the Economic Collapse "Indeed, Criminal?" As a form of economic terrorism, indeed so says Schechter and many others. Ellen Brown, author of Web of Debt, writes: Schechter "establishes the crime's elements, identifies the players, and exposes the weapons that have turned free markets into vehicles for mass manipulation and control." More still, according to former high-level government and Wall Street insider Catherine Austin Fitts in describing a "financial coup d'etat" that includes inflating multiple market bubbles, pump and dump schemes, naked short selling, precious metals price suppression, and active market intervention by Washington and the Fed that lets powerful insiders game the system, commit massive fraud, and be able to transfer trillions of public wealth to themselves, then get open-ended bailouts when the inevitable crisis surfaces. In his last book, Plunder, Schechter deconstructed one element of the economy's financialization - the outlandish amounts subprime lending, instrumental in inflating the housing bubble and the economic crisis that followed. The Crime of Our Time is his latest attempt to explain "the financial collapse as a crime story (and) the high status white-collar crooks" who wreak havoc on "the lives of hundreds of millions worldwide." He quotes from author and labor activist Jonathan Tasini in his new book, The Audacity of Greed, saying: "Over the past quarter century, we have lived through the greatest looting of wealth in human history." While an elite few profited hugely, "the vast majority of citizens have lived through a period of falling wages, disappearing pensions, and dwindling bank accounts, all of which led to the personal debt crisis that lies at the root of the current financial meltdown." The fallout cost millions of Americans their jobs, homes, savings, and futures, the result of a Washington - Wall Street criminal cabal and their scandalous conspiracy against the US public. In the Crime of Our Time, Schechter, once again, does a superb job explaining it astutely, thoroughly, and clearly. Introduction - Our Time and Financial Crime (1) In Wall Street We Trust Once again, the major media betrayed the public by cheerleading the inflating market bubbles, ignoring the cause and Wall Street/Washington's role, then downplaying the severity of the crisis that has a long way to run. Instead their reasoning goes: "we are all to blame, guilty of greed, over-spending and under-saving," so "when everyone's at fault, no one can be held responsible." Yet capitalism's internal contradictions make it crisis-prone, unstable, ungovernable, and self-destructive because of its repeated cycles of booms creating bubbles, creating busts, then depressions, and inevitably decay and demise. Initially, The New Times deflected attention by focusing on human errors like "wild derivatives, sky-high leverage, (and) a subprime surge," but avoided the core issue of white collar crime and Washington's complicity in it. When it was too late to matter, columnists like Bob Herbert wrote about financial "malefactors" who walk away "with a suspended sentence, and can't wait to get back to their nefarious activities." Where were they when it mattered most? Still today, the corporate media ignores the crime scene, instead calling criminal bankers "egotistical jerk(s) as trapped as anyone" in their own mess, as much victims as their prey. (2) Former Bank Regulator William Black Speaks Out Economics Professor William Black is a former senior bank regulator and Savings and Loan prosecutor. In April 2009 interviews in Barrons and with Bill Moyers on public television, he referred to "failed bankers (advising) failed regulators on how to deal with failed assets" they all conspired to create, proliferate, and use to defraud unwary buyers. He explained that many failed banks were deliberately brought down, and: "The way that you do it is to make really bad loans, because they pay better. Then you grow extremely rapidly, in other words, you're a Ponzi-like scheme. And the third thing you do is" leverage up. It's hugely profitable and "inevitable that there's going to be a disaster down the road." Black explained it in his book, The Best Way To Rob A Bank Is To Own One, especially in a lax regulatory environment under the privately owned Federal Reserve and powerful financial giants that run the government, not the other way around. They write the laws, make the rules, install their people in top Washington posts, and get open-ended bailouts and absolution when their scam implodes. In the 1930s, the Pecora Commission's Chief Counsel Ferdinand Pecora noted how "Legal chicanery and pitch darkness were the banker's stoutest allies." So weren't complicit government officials as well as media commentators turning a blind eye to their crimes. (3) The Crime Wave Is Still With Us In an environment of lax regulation, a Wall Street owned and operated Fed, the Treasury as their private piggy bank, a bipartisan criminal culture in Washington, and corporate lobbyists taking full advantage to get the best democracy their money can buy, it's little wonder that the same dirty game persists because who cares enough to stop it. At the same time, millions of jobs are being lost. Home foreclosures are at record highs. Next year's 2010 mortgage resets will unleash a greater number, and ahead is the full impact of nationwide commercial real estate defaults plus any number of new unpleasant surprises. Even so, little relief is in sight for beleaguered households or for 48 of the 50 states under water from their budget crises. But according to Fed Chairman Ben Bernanke, "the recession is very likely over at this point (even though) it's still going to feel like a weak economy for some time." (4) "The Biggest Crime In The World" That's what former Wall Street banker Nomi Prins told Schechter when he interviewed her last December. "You're talking double-digit trillions of dollars - minimum - already in the beginning of 2009, and we are nowhere near done with finding out how much loss there really is." One estimate was $197.4 trillion, including "monies lost, value depreciated, and money spent to try to stabilize the system....and that (figure) may be low," yet it's incomprehensible. And getting to the bottom of it through a modern-day Pecora Commission may duplicate the 9/11 whitewash. According to economist Dean Baker: "Instead of striving to uncover the truth, (an investigation) may seek to conceal it" and tell banksters they're free to steal again. (5) Insiders Wanted According to Schechter: "We need investigations by insiders who know where the bodies are buried, and in many cases, not yet" interred. We need more State Attorneys like Eliot Spitzer and enough honest politicians to embrace them. We need proof of who's on the take followed by "a jailout, not (another) bailout. We need to remember Balzac's insight (that) 'Behind every great fortune lies a great crime,' " in a culture where the only one is getting caught. The Madoff Moment In business since 1960, Bernard L. Madoff Investment Securities LLC provided executions for broker-dealers, banks, and financial institutions, and was one of the world's largest hedge fund managers, handling billions of dollars for a select clientele that included banks, insurance companies, other hedge funds, universities, charities, and numerous prominent wealthy individuals. Madoff served as vice-chairman of the NASD, was a member of its board of governors, and chairman of its New York region. He also chaired the Nasdaq's board of governors, served on its executive committee, and was chairman of its trading committee. In addition, he was chief of the Securities Industry Association's trading committee in the 1990s and earlier this decade in the same capacity when he represented brokerage firms in discussions with regulators about new stock market trading rules. He was highly respected and a pillar among his peers until the scam he created imploded. On December 11, 2008, he was revealed as a world class swindler when federal agents arrested him for running a giant Ponzi scheme. According to the FBI's Theodore Cacioppi: Madoff "deceived investors by operating a securities business in which he traded and lost investor money, and then paid certain investors purported returns on investment with the principal received from other, different investors, which resulted in losses of billions of dollars." He was tried in federal court on charges of criminal securities fraud, convicted, and, on June 29, 2009, sentenced to 150 years in prison, the maximum under the law. In fact, his real crime was getting caught, and for ripping off the rich and famous, his own kind, who welcomed the steady high returns until what seemed too good to be true turned out to be a scam. Section 4 of the Securities Exchange Act of 1934 established the SEC to prevent them. It's mandated to enforce the Securities Act of 1933, the Trust Indenture Act of 1939, the 1940 Investment Company Act and Investment Advisers Act, Sarbanes-Oxley of 2002, and the Credit Rating Agency Reform Act of 2006. Overall, it's responsible for enforcing federal securities laws, the securities industry, the nation's stock and options exchanges, and other electronic securities markets. It's charged with uncovering wrongdoing, assuring investors aren't swindled, and keeping the nation's financial markets free from fraud. For years, there were suspicions about Madoff because no one understood how his strategy produced annual double-digit returns. The SEC was alerted but didn't act. Derivatives expert Harry Markopolos wrote a report for internal SEC use listing 29 Red Flags and accused Madoff of running a giant Ponzi scheme, to no avail. Wall Street takes care of its own, and even internal SEC documents suggest that the agency is notorious for being lax, preferring wrist-slaps alone, and nearly always against lesser players, not prominent ones like Madoff or major Wall Street banks and investment firms. As a result, the agency doesn't regulate. Investigations aren't conducted or are whitewashed. Criminal fraud goes undetected or is swept under the rug. Little is done to prevent it, and only rarely are figures like Madoff caught. Wall Street's criminal culture is in safe hands under its new head, Mary Schapiro, a consummate insider with close ties to the Street's rich and powerful, which is why she was chosen in the first place. The White-Collar Prison Gang Even though felons like Enron's Jeffrey Skilling, Worldcom's Bernie Ebbers, and Tyco's Dennis Kozlowski are in prison, corporate America's criminal class is thriving, untouched, and mindful that very few of their kind get caught. So far during the current economic crisis, not only are most banksters unscathed, but they've been rewarded with trillions of taxpayer dollars, interest-free Federal Reserve money, and an open-ended checkbook for as much more as they want. Who said crime doesn't pay? The Crimes of Wall Street Schechter names many, including: -- "Fraud and control frauds; -- Insider trading; -- Theft and conspiracy; -- Misrepresentation; -- Ponzi schemes; -- False accounting; -- Embezzling; -- Diverting funds into obscenely high salaries and obscene bonuses; -- Bilking investors, customers and homeowners; -- Conflicts of interest; -- Mesmerizing regulators; -- Manipulating markets; -- Tax frauds; -- Making loans and then arranging that they fail; -- Engineering phony financial products; (and) -- Misleading the public." Add to these:-- buying a controlling stake in Washington; -- assuring their own officials run the Treasury, Fed, and all functions related to the economy and finance, including the regulatory bodies; and -- writing laws and regulations that govern their industry and activities. In Washington, what Wall Street wants, it gets. As a result, financial fraud and other scams are thriving. According to the Treasury Department's Financial Crimes Enforcement Network, over 730,000 instances of suspected wrongdoing, or 13% more than in 2007, including a 23% rise in mortgage fraud to almost 65,000 incidents.{/styleboxop}By the numbers, they amount to:-- $994 billion in 2008 losses or a median loss of $175,000; -- financial institutions or government agencies accounting for 27% of the total; and -- an estimated 17 - 30 months elapse before a typical scheme is detected. Examples include "shady lending practices....deepening debt, exploiting customers, overcharging borrowers with arbitrary late fees, and imposing other hidden costs that bilk consumers." Most getting caught get off with mere wrist slaps or occasional fines amounting to a tiny fraction of the crimes, so it pays to keep committing them. According to Law Professor and corporate crime specialist John Coffee: "Any criminal prosecution....must show either a specific intent to defraud or, what federal law calls, willfulness which means a real intent to deliberately defraud someone and engage in misconduct that you realize was causing injury." So if fraud is committed with good intentions, criminal prosecutions won't follow, only civil ones can to redeem losses, and during the Bush administration, the Justice Department sought cash settlements most often to keep plaintiffs out of court. And over 60% of the relatively few tried and convicted served only about two years on average in country club prisons, and over one-fourth of them were never incarcerated.
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