Category Archives: Outrages

The Language of Crime

Life has been particularly engaging of late! I am taking on a lot of responsibilities at work and am learning the craft. I’ve also been fortunate to meet some amazing people recently; for it all, I am grateful.

Occupy Boston may be gone, but I’m still paying attention. Recently, rouge micro-trading software from Knight Capital Group briefly messed up the stock market. On the watch of Knight’s archetypical CEO, Thomas Joyce (57), the firm found itself in need of a $400M bailout. Knight, a leader in “market making,” has all the hallmarks of a sleazy financial services operator. If this story sounds familiar, you have probably read or heard about it, and that’s what I’m writing about.

As I followed the Knight story, I began to notice a certain similarity in the tone of the articles; Knight was blamed for errors, but never publicly charged with a crime, as is every petty criminal.

So, in homage to that sociology class I took back in college, I surveyed the coverage of the story. Starting, loyally, from the:

Knight Press Release : Technical Issue

Reuters : Error
WSJ : Snafu
FOX Business : Glitch
MSNBC : Glitch
NY Times : Debacle
CNBC : Debacle
Seeking Alpha : Malfunction

My sample size is admittedly small, but it’s pretty diverse and mainstream.

Something very important and very dangerous had happened. This event laid bare, or if you will, further exposed, the rigged nature of the financial services industry. And boy was it being hushed up. Criminal conduct is vast; whether with malice or recklessness, something had happened, and it needed to be contained. Containment of such explosive news begins with deliberate verbal soft-pedaling. “Gee-whiz” type language attempts to evoke empathy and chagrin. Accordingly, the exceptional, or infamous, is rendered common.

Who hasn’t ever made an error? Haven’t we all found ourselves in a snafu? And damn, who hasn’t experienced a technical glitch and/or malfunction? Heck, maybe we laugh about it all in hindsight. That said, I must reluctantly give the Times and CNBC the win here with debacle. Defined by m-w.com in context, a debacle is “a complete failure.” Ouch.

The bottom line with Knight is that, as the very least, there was a certain wanton recklessness that any first year law student could tell you was criminal. So to start, Knight’s criminal behavior was couched in familiar language. Who hasn’t made a poor choice at a restaurant, gossiped and gotten into a bind, or attempted to re-string a weed wacker? Such errors, snafus, and malfunctions are routine. That they do not evoke alarm is the point.

In other news: New York settles with Standard Chartered for $340M on money laundering charges while the DOJ nets $300K from Barclays for same. Both banks, though they acted in direct contravention of the laws of the United States, continue to do business with and with the countenance of the government.

Complete failure is for chumps. Define the parameters of the debate, set the tone, and amplify.

Well, I think I smell skunk; I suppose I’ve said my bit.

Take care,

~WD

(not) Taxing the Rich; Losing Our Way.

Big Tex,

You posed an article by Robert Frank of the Wall St. Journal on my wall so I felt compelled to read it and respond thoroughly. Upon finishing my first read of the article, my mind was reeling attempting to harmonize its clever craftsmanship and highly disingenuous message; the WSJ is certainly getting its money’s worth with Mr. Frank.

Upon further contemplation, I was left with a lot of thoughts, which I’ll share below, after briefly recapping the author’s position.

Author’s Position

The article is motivated by the following correlation: those States most reliant on income tax revenue from their wealthiest citizens now face the largest deficits. Mr. Frank frames this subject by noting that this is emerging during a time of greatly increased public spending. He then notes that “as the incomes of the wealthy have grown, they have become less stable.” Mr. Frank acknowledges that there is a consensus that these top salaries are too tightly linked to the market. Nonetheless, this situation has left governments increasingly dependent upon their top earners for revenue.

This story is told through the personal story of Brad Williams, a former economic forecaster for the State of California. Mr. Williams retired from the State in 2007 and now runs his own consultancy. We learn that Mr. Williams had long been aware of this excess reliance on top earners. While working for the State, he advocated the following fixes: 1) flattening income tax rates, 2) allowing the wealthy to defer payments on windfall profits, and 3) establishing a “rainy day” fund. His proposals, however, were not adopted. Mr. Williams, however, felt vindicated by the recommendations of a bipartisan commission assembled by former Governor Schwarzenegger in 2009. The commission’s proposal to fix the State’s over reliance on income taxes from the wealthy was to decrease those taxes while increasing the general sales tax. As California remains beholden to its wealthiest, and by implication, to the market, Mr. Williams laments of having “no real pleasure in being right.”

My Thoughts

As I alluded earlier, the author of this article, Robert Frank, has spun this tale well. However, its unquestioned reliance on certain tacit assumptions, along with a gross disregard of other highly relevant factors, make it a staggeringly disingenuous work of art.

To his credit, Mr. Frank notes how the top tax bracket has fallen from 90% during WWII to 35% today. But instead of analyzing this massive decrease, he instead highlights how today, those earning over $379,000 are taxed twice that of those whose salaries are under $69,000. This “twice as high” tax rate is presented as a great injustice while the broader 55% decrease is included as mere background. Mr. Frank fails to examine how these massive tax reductions for the wealthy helped create the very conditions which underlie the current crisis.

Throughout the article, the increased accumulation of wealth is treated as inevitability. Furthermore, the article dismisses, as asides, other factors that have lead to the current crisis, namely decreased corporate taxes. As anyone following the saga of General Electric is aware, large corporations, while thriving, are paying far less in taxes than before. These profits are instead going into CEO and senior executive pay. Since these outsize compensation packages are directly tied to the stock market, they foment instability. Thus, public officials, instead of leading, are left studying Wall St. to “more accurately predict state revenues.”

In essence, this story is about how US public policy regarding taxation has empowered the super-wealthy to leverage their wealth so spectacularly as to ensnare all of us in their vagaries. The US economy has been split in two, leaving government constantly one step behind, trying to fix what has already transpired while the next movement is afoot.

The proposals that the author endorses, those espoused by Mr. Williams, are cruel and cynical. To escape the current volatility, it is suggested that income taxes be lowered and sales taxes increased. Such a proposal would further impoverish the state, enrich the already wealthy, and burden the poor and middle class.

Mr. Frank fails to examine other, more progressive policies, that could help address the current volatility in state revenues. Higher income taxes for the very wealthy might well temper current excesses in market-based speculation. And decreasing income polarization would itself engender more stable revenue collection models, thus allowing states to better plan for and wisely craft their spending priorities.

Instead, we’re one again pitched tired old proposals which do little more than privatize profit while socializing losses. We’re told that states will benefit if the super-rich are allowed to spread out their income tax payments on windfall profits over multiple years. In the same breath, we’re encouraged to create a “rainy day” fund, the type which could ostensibly be funded by such windfall tax revenues. Mr. Frank’s vision would leave us poorer now and surely impoverished later.

Conclusion?

Sorry, but if that’s the best that “conservative” America has to offer, then maybe we should start dragging the term “conservative” through the mud, like “social welfare” (aka Socialism) has been. As Bob Herbert has opined in his swan song at the New York Times, America has lost its way. Our extreme economic inequality now holds the majority of us hostage, and our elected officials appear to be indifferent, impotent or in-cahoots. Our system no longer serves us. Rainy day funds are not the answer to an America, Inc., which has become “too big to fail.”

So, Jim, those are my thoughts. This article is well crafted but wrongheaded. I respectfully disagree.

Best,
-WD

Madison, WI

Hey there, just wanted to put out a quick update about the protests going on in Madison, WI. First, I support the right of public workers to unionize. Period. Second, I wonder whether comments like this will come back to burn Republicans:

“The people who are not around the Capitol square are with us,” said Rep. Robin Vos, a Republican from Rochester and co-chair of the Legislature’s budget committee. “They may have a bunch around the square, but we’ve got the rest on our side.”

Isn’t that what Mubarak’s people said in the earlier days of the uprising in Egypt?

Comments such as these should put all progressives in Wisconsin who are not out there protesting on notice. Don’t let them get away with this. Go protest if you can, or write these Republican politicians to let them know that while you may not be there, you are not “on their side.”

Which side are you on?

Citi’s Moral Hazard

The Special Inspector General of the TARP has just released a report on the government’s role in saving Citigroup from failure. You can read the report here (PDF). If you are short on time, just skip down to the “Conclusions” section on p.47. While it appears that the govt. has profited by the bailout, the TARP legacy has left “too big to fail” intact. The following excerpt examines the danger still latent in the system:

When the Government assured the world in 2008 that it would use TARP to prevent the failure of any major financial institution, and then demonstrated its resolve by standing behind Citigroup, it did more than reassure troubled markets – it encouraged high-risk behavior by insulating the risk takers from the consequences of failure. Unless and until institutions like Citigroup are either broken up so that they are no longer a threat to the financial system, or a structure is put in place to assure that they will be left to suffer the full consequences of their own folly, the prospect of more bailouts will potentially fuel more bad behavior with potentially disastrous results.

Notwithstanding the passage of the Dodd-Frank Act, which does give FDIC new resolution authority for financial companies deemed systemically significant, the market still gives the largest financial institutions an advantage over their smaller counterparts. They are able to raise funds more cheaply, and enjoy enhanced credit ratings based on the assumption that the Government remains as a backstop. Specifically, creditors who believe that the Government will not allow such institutions to fail may under price their extensions of credit, giving those institutions access to capital at a price that does not fully account for the risk created by their behavior. Cheaper credit is effectively a subsidy, which translates into greater profits, giving the largest financial institutions an unearned advantage over their smaller competitors. And because of the prospect of another Government bailout, executives at such institutions might be motivated to take greater risks than they otherwise would, shooting for a big payoff but with reason to hope that if things went wrong they might still be able to keep their jobs.

I think that Citi’s moral hazard = America’s moral hazard. More thoughts on our current state of affairs soon.

Dear Mr. President

You have recently indicated your willingness to extend tax breaks for the richest Americans in this time of great financial distress. In the spirit of bi-partisanship, as you so often trumpet, I’d like to remind you of some words from Theodore Roosevelt:

It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat.

Are you a cold and timid soul, Mr. President?

For shame.