Press reports document criminality of US financial elite
24 December 2008

Fallout from the Madoff scandal continues to batter investors, banks
and private charities in the US, Europe and Japan. The massive fraud
carried out by a prominent Wall Street insider, Bernard Madoff, the
former head of the Nasdaq stock exchange, has exposed clients to as
much as $50 billion in losses.

Recent press reports make clear that the Madoff affair is not an
aberration. It is indicative of pervasive fraud and criminality in the
highest echelons of the financial establishment, aided and abetted by
government regulatory agencies.

On Monday, Truthout, an independent internet news service, published
an interview with former Securities and Exchange Commission (SEC)
investigative attorney Gary Aguirre. The SEC is the federal regulatory
agency tasked with enforcing securities law and regulating stock
exchanges and the securities industry.

As an attorney for the SEC, Aguirre launched an investigation several
years ago into insider trading by the hedge fund Pequot Capital
Management. Aguirre sought to subpoena one of Wall Street's most
formidable figures, John Mack, then CEO of Credit Suisse and now the
head of Morgan Stanley. But Aguirre "was told that Mack had
‘juice' (meaning he had access to senior-level SEC officers) and that
he had heavy political connections to the Bush White House," according
to San Diego Magazine. "In the middle of June 2005, his superiors told
him to take a week's vacation. ... Before the week was up, he was
unceremoniously fired, and the investigation was scuttled."

According to the Truthout account, the internal SEC watchdog found
that Aguirre's supervisors acted improperly in firing Aguirre and
shutting down the investigation, and recommended punishment against
four SEC officials. But SEC Chairman Christopher Cox "refused to hold
them accountable."

Aguirre told Truthout that the SEC "has been reluctant to apply the
securities laws to the big players, to Wall Street's elite." Instead,
it is "focused on the small players."

Commenting on the revolving door between government regulatory
agencies and Wall Street, he noted that then-SEC Associate Director
Paul Berger, who fired him and derailed the investigation he was
conducting, subsequently took a job with the well-connected New York
corporate law firm Debevoise & Plimpton.

The sums of personal wealth generated through such financial
skullduggery, under the protective arm of the government, are
staggering. An Associated Press report published Sunday reveals that
financial institutions which have to date received a total of $188
billion in taxpayer money through the $700 billion Troubled Assets
Relief Program (TARP) paid their CEOs nearly $1.6 billion last year,
or $2.6 million on average. In addition to TARP funds, the banks have
been handed trillions in direct loans through the Federal Reserve.

Among the executives remunerated in the millions, even as many of
their companies began to report losses from the subprime mortgage
collapse, were:

* John Thain, CEO of Merrill Lynch, who was awarded $83 million. His
firm, now merged into Bank of America, received $10 billion in TARP
money.

* Lloyd Blankfein of Goldman Sachs, who took home $54 million. Goldman
Sachs spread around $242 million to its top five executives. It has
received $10 billion in TARP funds.

* Richard D. Fairbank, the head of Capital One Financial Corp., who
was paid $17 million. Capital One was given $3.56 billion in TARP
money.

* Bank of New York Mellon CEO Robert P. Kelly, who was paid $8.6
million. His firm received $3 billion from TARP.

Another Associated Press article, published Monday, documents the
refusal of the banks to reveal what they have done with the billions
in taxpayer funds they have received. The AP put questionnaires to 21
banks that each received more than $1 billion in the government
bailout, posing four questions: "How much has been spent? What was it
spent on? How much is being held in savings, and what's the plan for
the rest?"

According to the AP, not a single bank provided specific answers. A
representative of JPMorgan Chase, which has received $25 billion in
TARP funds, said merely, "We have not disclosed that to the public.
We're declining to." Comerica, which got $2.25 billion in TARP funds,
said flatly "We're not sharing any other details." A Bank of New York
Mellon spokesman said, "We're choosing not to disclose that," adding,
"I just would prefer if you wouldn't say that we're not going to
discuss those details."

The arrogance and contemptuousness of the banks recalls nothing so
much as the First Estate of pre-revolutionary France's Ancien Regime.
It reflects the attitude of a financial aristocracy that operates with
complete impunity and has no intention of giving up any of its spoils.

These are people who have enriched themselves through the most
reckless forms of speculation and outright swindling, in the process
running their own companies and the entire US and world economy into
the ground. Now, literally hundreds of millions of people in America
and beyond are paying for the avarice and incompetence of the US
financial elite in the loss of their jobs and in wage cuts,
foreclosures and the gutting of pensions and savings.

These events shed light on the reality of class relations in the US.
They provide insight into the immense power exercised by a semi-
criminal financial elite over the government. Indeed, they reveal the
government and all of the official political institutions—the White
House, Congress, the judiciary, both political parties—to be the
facilitators of Wall Street's plundering of society.

It should be recalled that the Democrats, including Barack Obama, led
the charge in September and early October to pass the bill enabling
the Bush administration to transfer hundreds of billions of dollars in
public funds to the banks without any restrictions or requirements on
how the money was to be used. Since the passage of TARP, which was
pushed as an emergency measure to head off a recession, more than a
million jobs in the US have been wiped out, while the banks have
refused to use their taxpayer windfalls to ease the credit freeze and
provide new loans.

But when it comes to the jobs and living standards of auto workers,
both political parties unite to demand "transparency" and
"accountability" for, by comparison, a pittance in loans to the auto
companies, using these buzz words as a cover for the impoverishment of
the auto workers and the launching of a nationwide assault on the
working class.

The removal of all restrictions on the banks and the transformation of
government regulators into direct and open accomplices of financial
fraud is the outcome of decades of deregulation, carried out by
Democratic as well as Republican administrations. It is one of the
forms taken by the decay and putrescence of American capitalism, which
has responded to an objective and historic crisis of profitability in
basic production by dismantling vast sections of US industry and
generating unprecedented levels of personal wealth for the ruling
elite through previously unknown levels of financial parasitism.

In a fundamental sense, the entire economy has become a gigantic Ponzi
scheme. Now the vast edifice of paper values is collapsing, posing
either a revolutionary transformation of economic life on socialist
foundations, or the ruination of the working class and broad sections
of the middle class.

The ill-gotten gains of the financial aristocracy must be confiscated
and used to provide for the needs of the people. No rational and
humane solution to the deepening economic crisis is possible without
the working class politically settling accounts with the present-day
"Ancien Regime" of Wall Street swindlers and their political
accomplices.

Tom Eley and Barry Grey

The authors also recommend:

The Madoff Scandal
22 December 2008

http://www.wsws.org/articles/2008/dec2008/pers-d24.shtml
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