The Farce That Is Our SEC -- And Government
The Market Ticker ® - Commentary on The Capital Markets
Posted 2013-02-08 07:41
by Karl Denninger
in Editorial
Ignore this thread
The Farce That Is Our SEC -- And Government
 

It just never ends.

So the Justice Department has sued S&P claiming that they issued knowingly-false ratings on various structured products that they knew were going to blow up.

There is one glaring problem - the supposed "injured party" is the issuer!

That's right folks -- the claim is apparently that Citibank (among others) created crap, asked S&P to rate it, they did, and then they bought their own crap and were injured by it.

But you see, in this fairy-tale land of the SEC, the creator of the crap didn't know it was crap, even though in in the instant case that Citibank's former risk officer testified under oath that in 2006 60% of their loans were defective -- and 80% were defective in 2007.

This was the Chief Risk Officer and his assessment of whether the loans were "authentic" (as represented) or whether they were chock full of lies and material misrepresentations.

How can you sue when you knowingly buy something that your own people intentionally created in a bogus manner and which you thus knew was crap, irrespective of what someone else said?  How could you rely on someone's outside opinion when you know the facts and do not need to rely on opinions at all?

There's no basis for this lawsuit.  There are a crazy number of reasons that people should be sued and prosecuted, but this isn't one of them.  If I create rat poison and then having done so, eat it, it's my own damn fault if I die as a consequence.

What was going on here is that BAC and Citibank (among others) were intentionally defrauding everyone in sight -- including the regulators.  By taking crap loans (which they owned) and packaging them into securities that they then bought a "AAA" label for they were improving their capital ratios since the risk was made to magically disappear.

Citibank wasn't a victim of anything -- they were the protagonist and the entity committing the offense!  The entity playing the games here was the bank itself, not the ratings agency.  They knowingly took crap and packaged it, then bought the packaged crap they solicited the bogus ratings on for the purpose of improving their apparent capital and thus making the firm look stronger than it really was, and all of this was intended to (and did) result in bonuses for executives and stock price advances -- until it blew up in their face.

Rather than prosecute the bad guys Eric Holder now chases after someone who went along because they were paid rather than busting the entity that orchestrated the entire mess in the first place.

This is yet another political farce intended to protect the guilty.

Discussion below (registration required to post)
 

Main Navigation
Full-Text Search & Archives
Archive Access
Get Adobe Flash player





Blogtalk 3:30 CT Mondays
Items To Look At


Discuss The Capital Markets along with daily technical analysis with our Gold Donor program.

Where We Are, Where We're Heading (2013) - The annual 2013 Ticker

Links and Blogroll
Our policy on reciprocal links: Send us an email with your information and why you think your blog or news site would make a good addition - in most cases reciprocal link requests will be granted.
Legal Disclaimer

The content on this site is provided without any warranty, express or implied. All opinions expressed on this site are those of the author and may contain errors or omissions.

NO MATERIAL HERE CONSTITUTES "INVESTMENT ADVICE" NOR IS IT A RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO STOCKS, OPTIONS, BONDS OR FUTURES.

The author may have a position in any company or security mentioned herein. Actions you undertake as a consequence of any analysis, opinion or advertisement on this site are your sole responsibility.

Looking for "The Best of Market Ticker"? Check out
Ticker Classics.

Visit the forum to discuss this and other investing-related topics; see the FAQ on the forum for information about Gold Donor status including access to our technical analysis video server.

Market charts, when present, used with permission of TD Ameritrade/ThinkOrSwim Inc. Neither TD Ameritrade or ThinkOrSwim have reviewed, approved or disapproved any content herein.

The Market Ticker content may be reproduced or excerpted online for non-commercial purposes provided full attribution is given and the original article source is linked to. Please contact Karl Denninger for reprint permission in other media or for commercial use.

Submissions may be sent "over the transom" to The Editor at any time. To be considered for publication your submission must include full and correct contact information and be related to an economic or political matter of the day. All submissions become the property of The Market Ticker.

Leads on stories of current economic and political interest are always welcome. Our fax tip line is 850-897-9364; please include contact information with your transmission.

 
Comments.......
User: Not logged on
Login Register Top Blog Top Blog Topics FAQ
User Info The Farce That Is Our SEC -- And Government in forum [Market-Ticker]
Etz
Posts: 13890
Incept: 2007-06-26
Silver
LA
Online
Report This As A Bad Post Add To Your Ignored User List
Ever read the SEC mission statement?

It reads like an excerpt from Orwell's 1984.


----------
Legal chicanery and beneficent darkness are the banker's stoutest allies - F.Pecora.

Jubber
Posts: 14164
Incept: 2007-07-05
Gold
UK
Online
Report This As A Bad Post Add To Your Ignored User List
Excellent critique

----------

“The problem with socialism is that, sooner or later, you run out of other people’s money.” Thatcher
Richardebel
Posts: 96
Incept: 2010-11-15

Report This As A Bad Post Add To Your Ignored User List
Eric Holder and the whole Obama administration are one big fraud. What else would you expect them to do?
Dashingdwl
Posts: 9764
Incept: 2007-06-26
Gold
los angeles
Report This As A Bad Post Add To Your Ignored User List
The SEC is just another apparatus of a tyrannical government. Our soft tyranny is creeping incrementally closer to hard tyranny.

----------
When you are hard and disciplined, you can be principled. People fear you because they have no leverage against you. It's the truest form of Liberty.

Rickcaird
Posts: 78
Incept: 2009-08-17

Boynton Beach, Fl
Report This As A Bad Post Add To Your Ignored User List
This just seems like some kind of "Hail Mary". It is hard to see how this suit is anything but retaliation for the credit downgrade. It might be a stretch to say that S&P is one of the least guilty parties in the whole MBS fraud, but their guilt does pale in face of the issuers of the mortgages and the securities. It is also noteworthy the DOJ is filing a civil suit rather than a criminal suit. Are we to assume, then, the DOJ was unable to find any criminals in the whole mess. If that is the case they were not looking very hard.
Deckchairs
Posts: 96
Incept: 2012-07-06

The Slightly lessDemocrat -IC People's Rebuplic of Las
Report This As A Bad Post Add To Your Ignored User List
Well the porn surfers have been a joke for a long time. Remember this little story about them destroying files they are supposed to keep under law so they can I don't know, do their jobs. http://www.rollingstone.com/politics/new....

Why are so many government workers such absolute worthless parasites? I realize there are decent hardworking honest people too but they seem to be few and far between.

I harassed the pool so much that they finally staffed there phone and put up a sign. I guess its up to us citizens to keep em honest by calling em out. Well those of us who know how to.


----------
If I could just get my tax attorney to be my girlfriend life would be all right.
Deckchairs
Posts: 96
Incept: 2012-07-06

The Slightly lessDemocrat -IC People's Rebuplic of Las
Report This As A Bad Post Add To Your Ignored User List
Quote:
Ever read the SEC mission statement?

No but I know that in SEC speak a "solicitation of an offer" is an offer to sell securities. Wrap your head around that one. Breaks hundreds of years of contract law.


----------
If I could just get my tax attorney to be my girlfriend life would be all right.
Kylafoon
Posts: 2459
Incept: 2009-02-05
Gold
Zombie Portal Lookout
Report This As A Bad Post Add To Your Ignored User List
We be needin' a Godsmack...

----------
"...But whenever we see things done wildly, but taken tamely, then the State is growing insane..." - Gilbert Keith Chesterton 1910

"I found a flaw in the model that I perceived is the critical functioning structure that defines how the world works." - Alan Greenspan, October 2008
Usk
Posts: 464
Incept: 2008-04-18
Gold
France
Report This As A Bad Post Add To Your Ignored User List
This certainly sounds like yet more evidence of an organization that knowingly and repeatedly pursued illegal strategies to make money
Financial
Posts: 82
Incept: 2010-12-08
Green
Iowa
Report This As A Bad Post Add To Your Ignored User List
Thanks Karl, right on the money. It was like printing free money when they produced all these AAA rated CDOs etc that they were able to buy back and then add to their capital base rather than having it be viewed as an investment with a component of risk. And they could also unload them to the Fed as reserves and pay a paltry interest rate to them while pocketing the rest.
Bertdilbert
Posts: 2662
Incept: 2008-12-22
Gold
CA
Report This As A Bad Post Add To Your Ignored User List
Yeah I did not understand the DOJ claim that S&P cost Federally Insured banks money, when the banks put the crap together in the first place.

Since the banks held the loans, they would have been sitting on the losses without a rating.

This is kind of like the cops shooting two women in a blue truck, when they are looking for a black man in a grey truck, except there is no fear stricken cop with a shaky hand behind the gun. They just can't shoot strait from any position.

----------
Dear Euroland: Relax, Germany has a plan for your money!

Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Mcmwest
Posts: 134
Incept: 2009-04-06

Western Kansas
Banned
Report This As A Bad Post Add To Your Ignored User List
Karl- You excell at boiling things down to their essence so that the common guy may understand. In this case I can't do anything but laugh out loud. You just can't make this stuff up. Its like the South Park episode with Martha Stewart.

----------
According to NBER the recession ended in June 2009 so if you're broke and out of a job its all in your head.- Jay Leno
Phev
Posts: 440
Incept: 2009-05-17

Report This As A Bad Post Add To Your Ignored User List
The best farce is our in my opinion Karl

http://www.lemonde.fr/societe/article/20....

French justice decided that bank Dexia will have to put legal interest rate (0.71%) instead of contractual rate on loans issued to local entities... The reason... the bank forgot to inform the costumer about the "TEG" - (All in effective rate)... How can you calculate a all in effective rate (file fees + insurance + loan rate...) on a variable interest rate ?

It's a farce...
But they are innocent in the fact that they sold toxic crap !
Unbelievable...

Reason: typo
Etz
Posts: 13890
Incept: 2007-06-26
Silver
LA
Online
Report This As A Bad Post Add To Your Ignored User List
Obozo's corruption has no boundaries.
Quote:
Obama gift-wraps the SEC

http://www.salon.com/2013/02/11/obama_gi....

From 2001 through 2010, more than 400 SEC alumni filed almost 2,000 disclosure forms saying they planned to represent an employer or client before the agency. Those disclosures are just the tip of the iceberg, because former SEC employees are required to file them only during the first two years after they leave the agency…

The SEC has exempted certain senior employees from a “cooling off period” that would have restricted their ability to leave the SEC and then represent clients before the agency. In addition, the SEC has shielded some former employees from public scrutiny by blacking out their names in documents they must file when they go through the revolving door.

Obama’s nominee, Mary Jo White. She is like many of the figures exposed in the POGO report, having ten years ago traded in a prosecutorial career for the big money that comes with defending corporations and Wall Street CEOs. During the private practice part of her career, one of White’s most high profile cases was a textbook example of regulatory capture. In that episode, which was later investigated by a Senate Committee, she used her government contacts to help get an SEC investigator fired for having the gall to merely try to interview her client, Morgan Stanley CEO John Mack.

As evidenced by that scandal and her larger record, it is clear that White is not any old partially compromised corporate crony. She is instead the embodiment of regulatory capture. Worse, she isn’t heading any old agency. She is being appointed to head an agency whose single biggest affliction is its status as a victim of regulatory capture — an agency governed by laws that in many instances would let White circumvent even the most minimal recusal requirements.

On top of that, White is hardly some apolitical administrator who has refused to take ideological policy positions. On the contrary, as the Wall Street Journal reports, she “has argued against pursuing corporations in criminal courts and pushed, on behalf of corporate clients, for rules that could discourage corporate whistleblowers from coming forward.” That is, she has advocated for precisely the kind of governmental posture that regulatory capture tends to create.

In light of this extensive record and in light of President Obama’s financial ties to Wall Street, White looks less like a nominee selected in spite of her Wall Street ties than a nominee selected because of those connections. Similarly, in light of the SEC being so defined by regulatory capture, White looks less like a chairwoman selected to fight that problem than one selected to foster it — and that’s a huge problem not just for investors, but for America’s financialized economy as a whole.



POGO Report: http://pogoarchives.org/ebooks/20130211-....

----------
Legal chicanery and beneficent darkness are the banker's stoutest allies - F.Pecora.

Login Register Top Blog Top Blog Topics FAQ