Elliot Spitzer has an excellent article up at Slate about the $7.7 trillion secret loans that the Fed made to the nation’s biggest banks. He wants criminal and Congressional investigations, as you would expect.
What caught my eye though, was his analysis of the profits the banks made by receiving a virtually no interest loan and then lending the money out at a higher interest rate. He calls that profit a gift.
Second: Require the recipient banks to use this previously undisclosed gift—the profit they made by investing this almost interest-free money—to write down the value of mortgages of those who are underwater. The loans to the banks were meant to solve a short-term liquidity problem, not be a source of profits to fund bonuses. Take back the profits and put them to a public use.
I was thinking about that and realized that if the money had been flowing in the other direction, we might be calling it a bribe or at least wondering about money laundering. Imagine if a businessman or banker knew that a government official had an opportunity to loan money out at 5% and made a no interest loan to said government official of $1 million, would we not be VERY SUSPICIOUS of that $50K profit made by the government official?
Now, for a bribe you need a quid pro quo, and I haven’t a clue what might have been the return favor, but hell’s bells, don’t you think somebody ought to at least look into that?
Here’s some text from NYS law concerning false statements made in connection with securities. NY GBS § 339-a:
Any
person, who, with intent to deceive, makes, issues or publishes, or
causes to be made, issued or published, any statement or advertisement
as to the value or as to facts affecting the value of the stocks, bonds
or other evidences of debt of a corporation, company or association, or
as to the financial condition or facts affecting the financial condition
of any corporation, company or association which has issued, is issuing
or is about to issue stocks, bonds or other evidences of debt, and who
knows, or has reasonable ground to believe that any material
representation, prediction or promise made in such statement or
advertisement is false, is guilty of a misdemeanor.
And then there is this excerpt from NY GBS §352-c
6. Any person, partnership, corporation, company, trust or
association, or any agent or employee thereof who intentionally engages
in fraud, deception, concealment, suppression, false pretense or
fictitious or pretended purchase or sale, or who makes any material
false representation or statement with intent to deceive or defraud,
while engaged in inducing or promoting the issuance, distribution,
exchange, sale, negotiation or purchase within or from this state of any
securities or commodities, as defined in this article, and thereby
wrongfully obtains property of a value in excess of two hundred fifty
dollars, shall be guilty of a class E felony.
An awful lot of the 1%ers got bonuses of more than $250 off the profits from the $7.7 trillion in secret loans that they lied to conceal, didn’t they? Hmmmmmm.
[photo: Oleg Golovnev/Shutterstock.com]



72 Comments

thx, cynthia. you’be put into words something that’s been nagging me for a while.
Hoping we still get an investigation…Reports like this help make it clear that until we know the truth in regard to what these banks have been up to our economy cannot and will not truly recover.
I am just totally astounded that no one is screaming bloody murder over this and that nothing is being done.
This make the US even worse than a banana republic. At least in a banana republic some of the local left would have hauled them off in to the jungle to feed the piraña. Never to be seen again.
How is it legal for the Fed to make gifts?
I don’t suggest that it is legal for the Fed to make gifts, however, I doubt you will find a law that specifically addresses it, anymore than you are likely to find a law that specifically addresses the airtraffic control problems associated with pigs sprouting wings and flying near airports.
Who would ever concieve that this would have happened?
BTW, you gotta go over and watch the video posted here:
http://my.firedoglake.com/cmaukonen/2011/12/03/tom-hartmann-7-7-trillion-to-wall-street-anything-to-keep-the-banksters-happy/
More loaned inthis little gift, than in the entire pervious 8 years combined. Almost 1/2 of our entire GDP. Just stunning.
But O said they didn’t do anything illegal, and I believe him
And is the Fed liable for one hell of a gift tax bill? :)
And the banksters get record profits and the homeowners lose their homes….makes us so proud.
Thanks Cynthia, for this and especially for your earlier brilliant work uncovering the seriousness of the fraudulent mortgage issues. I am a recovering lawyer, ;-), but primarily an S&P futures trader the last couple of decades. When the market bottomed out in 2009, I nailed the bottom, buying at 666.00 on a Friday afternoon, with an actual low of 665.70, and predicted that very weekend a market recovery to S&P 1,100-1,200, a prediction I communicated by email to the people I was advising at the time. I based that call on my own proprietary predictive methods, which are VERY different than what most Wall Streeters use. My point is, the real scandal re the secret magnitude of the bailouts seems to me to be that the banks, who are also TRADERS on a mammoth scale, had the advantage at that time of KNOWING about all that secret liquidity, and so had a better chance to expeect and act on the expectation that there would be a massive market upmove resulting. In fact, because the liquidity injections were so massive, the market exceeeded my expectations, and went all the way to S&P 1,373. If you want to figure the amount of the gift the Fed gave the banks, common sense would dictate that you must include the value of the trading gains in the stock market. Thousands of time the $12 billion dollar figure, I would argue.
Hi Cynthia, I think that $7.7 Trillion figure is very low.
Here’s a quote from a recent post by Randy Wray at: http://bit.ly/vokZdr
The UMKC report on this is not out yet, but 2 students of Randy’s are near to finishing it! Maybe that $29 T number will be large enough to finally get the Federal level prosecutions started. I hope saw. We can’t go on being a lawless nation that pepper sprays people exercising their constitutional rights of Freedom of Speech and Assembly and refuses to enforce the law against the rich and powerful.
Frankly, I think Spitzer has a good idea. You take a number that is already known and knowable–the amount of profit they have already reported, and you focus on that.
If you clutter up the “ask” with an unknown dollar figure that people can debate about, the rest of the ask gets lost in that debate.
Also, using their declared profit number–the one they used to justify their own bunuses– has nice hoist them on their own petard quailty to it.
I’ve said this before, irony is my favorite form of humor.
So, although I think you are correct that the true, unknown, amount of profit may be may be orders of magnitude more than the $12 Billion already acknowledged, it would unduly complicate his proposal.
I think Spitzer got it just right. His proposal has a nice poetic justice aspect to it.
I would want to know how that is being calculated. I guess we have to wait until they finsh their report?
He is walking poetic justice….I love that they did not completely knock him out of the game. I hope he is very careful…
I don’t disagree as to the immediate recovery of the specific $12 billion figure, I’m just pointing out that the real theft, as is frequently the case when comparing the easily-provable vs. the actual-but-more-difficult-to-prove, makes the easily-provable look like a drop in the bucket. I make the point because it’;s clear to me that non-traders have no conception of how much money can be made, with little risk, by those who have this kind of non-public information. And this is not the only instance where that principle applies.
Elliot Spitzer has an excellent article up at Slate about the $7.7 trillion secret loans that the Fed made to the nation’s biggest banks. He wants criminal and Congressional investigations, as you would expect.
I would like to know how many good paying Jobs for regular Americans could have been created with that cash, for how many years? I want the Congressional Budget Office to give us numbers as to which choice would have been better creating jobs or bailing out the banks.
Letting the banks fail effects the 1% FDIC deposit protection protects the 99% and lets face it the 1%’s money is invested in ponzi schemes like the housing bubble, Credit Default Swaps etc by saving them we did not save the true wealth creators the people who buy stuff.
As long as we have enough regular people buying stuff the economy is great. As long as we have factories and raw materials to make stuff for people to buy the economy is great.
If a bunch of 1%ers have to sell their stocks, factories etc because they invested in ponzi schemes who cares new owners smarter owners who don’t gamble will be found.
$29 trillion aside from over valued bad home loans did we save the Credit Default Swap market too?
Excellent link.
It’s time to Occupy the Fed. Actually, it’s time to take ownership of the Federal Reserve Bank on behalf of the American people.
See Hartmann’ examples of Iceland, which last year democratically nixed central banksters’ austerity demands, and of North Dakota, whose state-owned bank for nearly a century has systematically protected its farmers, students, and the rest of its economy from Wall Street depredation.
Making our economies work for the 99% will undoubtedly not be easy. But a critical component does look relatively simple.
Can’t we charge the Fed with fraud for accepting home loans at full value rather than market value after the housing bubble burst?
What is the complete list of things we can charge the Fed, Congress, Paulson, Bush/Obama?
What I do not understand is how anyone could possibly want to keep in office idiots who screwed up the economy so badly. Why didn’t B of D’s fire these people instead of giving them more bonuses.
Why wasn’t there a massive shareholder revolt?
Very few know the extent of our government’s corruption and collusion with that take over of the world.
for instance, the ginned up “crisis” in Europe which is attempting to hand over control of the EU to Germany:
Decision time for EU, with euro’s future at stake
http://www.reuters.com/article/2011/12/04/us-eurozone-idUSTRE7B30AO20111204
“Merkel visits French President Nicolas Sarkozy in Paris on Monday to outline joint proposals on economic governance, but Berlin and Paris still have significant differences about how the euro zone would control national budgets.
Merkel wants to empower the executive European Commission to “”"veto national budget plans that breach EU limits”"”"”"”!!!!!! before they go to parliament, with automatic sanctions for deficit sinners and the possibility to take serial offenders to the European Court of Justice for punishment.”
They’ve bought the world, just like they’ve been planning since WWII
The Fed did. That’s why it was set up in the first place, along with all the other central banks.
I kept saying I saw a smirk in Bernanke’s beard when he and Paulson brought out their three page plan for TARP.
Everybody said I was nuts…..not so nuts now.
I’m not sure I know what you mean when you say the Fed “accepted” homes at full value. Do you mean using the mortgages as collateral for loans?
I’ve been saying for years that TARP was just the tip of the iceberg and Bernanke printed off the rest of our economy under it’s cloak. Hell, you can tell by the name there was cover-up….how they must have laughed at us behind their hands as they Shocked us again.
And they’ll get Social Security as well. Some “Deficit Crisis”, eh? THIS is the “Deficit Crisis”
I doubt it very much.
If memory serves, the Bank for International Settlements, http://www.bis.org, some months ago put worldwide credit default swap losses at more than five hundred fifty trillion dollars. That’s $550,000,000,000, roughly.
I’ve searched fruitlessly to confirm this. Better searchers than I, have at it.
But who’s counting?
It was a bribe
For at least a generation, this country has lived under the Golden Rule (modified), that, “Those that have the gold make the rules.”
The big banks in general, GS in particular, are the government. When folks in the pretend government give GS trillions, that is a bribe, because they’re giving gifts to officials of the real government.
Teapot Dome, in which Doheny was acquitted of offering the bribe that Secy Fall was convicted of accepting, was a sort of prequel to the concept, but in a very primitive, undeveloped form. In the ensuing 90 years, we’ve brought this developement to a much more refined and generalized form. Greece is guilty of irresponsible borrowing, but there is simply no irrepsonsible lending that anyone can spot in the banks that loaned them that money. The US govt is guilty of a horribly irresponsible bailout that rescued banks that were mere innocent bystanders, no, were the offended parties, in the bank collapse.
No doubt this will end with everyone involved on the govt end who participated in the bailout thrown in jail for something or other. Well, everyone in govt whose innocence is not established by some connection to GS or the other big banks. If you write the rules you can do no wrong.
Very interesting. But alas, if someone in power (say a state AG) chooses to go down this path… I’m confident we’ll see a redux of warrantles wiretapping… crimes will legalized ex post facto.
As Durbin admitted, “(the banks) own the place.”
An election is the only way to address this.
Has anyone been keeping tabs on House races? Not in a D vs. R sense, but in a Populist vs. Corporatist sense? If so, any links?
I don’t think it’s a question of charging the Fed, Congress or Bush/Obama?
There are laws on the books about lying to inflate or deflate the price of secureties. They appear to have been violated by banksters.
There are laws on the books against lying to Congress under oath. They appear to have been violated by banksters.
There are laws on the books about lying in your SEC filings. They appear to have been violated by banksters.
There are laws on the books about trading on non public information, like the kind Paulson seemed to be all to eager to spew out to his cronies. These laws also appear to have been broken by banksters.
The individuals who did these things need to be on the recieving end of an indictment.
And yes, Hartman is right, states should start their own central banks.
Such delicious sarcasm drops from your every sylable.
Obama says the banks did nothing really illegal.
But if a bank had a closet with 25 pot plants and a grow light it would be met with black helicopters and SWAT teams.
Cripes..this nation is like the third basement of Bedlam.
When Treasury Secretary Paulson called his GS successor, Loyd Blankfein, on Sept 16, 2008, I’m sure there was NO talk of Hank giving the first $85 billion to GS’ related party (AIG Financial).
I mean, if there was talk of that bailout… then that would be wrong. And I’m sure no member of Government Sachs would ever do anything to enrich themselves, while hurting the working class. Right?
Considerign that Franken and Whitehouse are both pushing the horrible new idernet copyright bill, IDK where you will find a populist on Capital Hill anymore.
Whose left? Bernie Sanders?
Amen
The only real Bloomberg number is the interest rate subsidy gift of $13 billion that went to “rebuilding capital” but could be called a gift.
The rest is a bit of nonsense – $7 trillion being as in error as Senator Sanders $29 trillion total loans – because “total loans” does not mean the Fed’s balance sheet expanded by $29 – or $7 – trillion (the Fed was never on the hook for much more than a trillion – still a lot but not the numbers quoted). “Total loans” means the sum of each loan made where a daily loan of $10 billion that is renewed every night for a year – making 365 loans of $10 billion – is being counted as a Fed “total loan” of 365 times $10 billion, or $3.65 trillion in the financial press.
Yes
How could money that ends up profiting GS possibly hurt workers? They are the job creators. Wait, sorry, The Job Creators. All honor and glory to The Job Creators alone.
I can hardly wait for the glorious day when my job gets created. My theory is that, if I am obsequious enough, the Great God Capital will eat me last, whoops, “create my job” last.
I’m talking either Rs or Ds, probably via primaries. There’s just no point in supporting the Incumbent Party. They largely work for the MIC, Wall Street, Pharma, etc.
Please don’t accuse me of sarcasm, certainly not sarcasm when discussing the Great God Capital.
I meant it all quite literally. I’m trying to be even more respectful of His powers and prerogatives than His biggest boosters in the media, in hopes that Capital will eat me last. He has so many boosters in the media that my caculation is that I will die of old age before it’s my turn to be the entree.
I do not see this ending well. Not at all.
Yep, TARP was just a beard to hide the real bailout.
Which would suggest to me that Paulson and Benanke may have fibbed to Congress under oath. Tsk, tsk
Sadly no one knows how much is on the line net-net.
Meaning that if each loss is offset by a win, and there was risk management going on, with minimal credit risk of the other side of the bet defaulting, the whole thing is no big deal.
But if a company took one side of the bet and has no capital to cover its losses and others expect the payments from that company to offset their losses elsewhere – meaning the others forgot about credit worthiness of the other side of the derivative bet in doing their risk management – there is a problem.
But again – no one knows the size of the net bets out there because what is reported – the $550 trillion or $800 trillion or whatever is nonsense since that number is the total of the “notional value” on those derivatives and “notional value” is just a math item used to calculated how the some actual dollar item is paid – it could be a quarter of 1% of the notional value that is actually at risk.
But no one knows because the banks resist the use of exchanges and standard contracts since they make more money if each side of the bet does not know the details on the other side of the bet.
So what to name this guaranteed profit arbitrage? Garbitrage?
Because correctly anticipating that the Fed would bail out the failures was construed to mean that the failures were actually being astute, taking major risks that would be great if they worked, but where the losses would be negated if the risks did not work out.
That’s kinda my point. Campaigns have become so ridiculously expensive that the only people who can run anymore are those funded by the PTB
Kelly wins the internets today!
Excellent title for a book. Garbitrage!
I. Love. It.
There has been an ongoing debate throughout the history of our republic regarding whether our government or privately owned banks should own the nation’s central bank. The people who own the banks that own the Fed own the Fed and, although we do not know their identities, we can reasonably surmise that they are the richest of the rich.
Andrew Jackson slugged it out with the central bankers during his two terms as president and eventually dethroned the bankers placing our nation’s central bank under the power of the Treasury, which is where it should be in any democracy.
The power to create money is the supreme power that exists. Entrusting that power to the richest of the rich assures that the nation’s economy will always serve the interests of the few at the expense of the many. We are seeing that truism play out in spades as the Fed secretly bailed out the criminal Wall Street banks that crashed our economy with trillions in interest free loans while ignoring the plight of the 26-27 million victims of their fraud who want to work full time but who cannot find a job.
Even worse, the president of the government we elected to support and defend us tells us no crimes were committed and he is not even seriously trying to find a solution. Instead, he talks about the need for austerity as he employs all sorts of clever strategies to shred our safety net and eliminate our social security. And he also does his best to distract us by playing the fear-of-terrorists card.
We need to nationalize the Fed and get rid of the banksters and all of their supporters in government.
Thanks for your informative article and willingness to stick around and engage in the discussion. I always appreciate authors who do that.
Recommended.
Let’s talk about the concept of legality in 21st century America.
If our grifted liar in chief pontificates that something is legal, he merely means one party has acted within and in accordance with a statue on the ‘books’.
So, if it’s on the books it is legal.
But stepping back a bit, the real question is not whether something is legal but more importantly how it become a law.
And that’s where the fun begins.
So let me lay out straight this writhing swarm of legal serpents for the amusement of the critically eclectic minds here at the lake:
First, one or more criminals decide what new law or what perversion of an existing law would do the most to enrich the wealthy at the expense of the People.
Second, the criminal class then bribes a sufficient number of elected officials to enact such a travesty of justice(whatever that bag of snakes really means).
Third, when enough money is spread around the trough, sure enough a criminally motivated and financed ‘law’ becomes part of the legal framework of the nation.
Fourth, the American people are completely and totally fucked.
So, now when Obama says something is legal, he is merely acknowledging that it is now legal to steal without any fear whatsoever of any criminal consequences.
See, Obama didn’t lie!
He just didn’t tell the whole truth and nothing but the truth.
What a putz!!
This is why we need to audit the Fed.
If his lips were moving, he lied.
Trust me on this one.
707!
Shouldn’t this be $250 thousand ?
I think too that it’s important to “compare and contrast:”
** this much $$$ went to the lousy bankers
** instead it could have done the following . . .
And now we’ll make it so.
I love the smell of clawback in the morning.
What really gets me is that the FED knew all along what was going down and immediately started shoveling out the money long before it was announced as a “crisis”. There by making TARP not only unnecessary but out right larceny.
this is potentially a large development. clear-cut illegalities on the part of the banks non-disclosure of their true financial condition. the author points out, as does Spitzer, and others that it’s clearly illegal activity. So, that takes Obama’s clemency verdict out of the equation, the asshole.
When you put this in context, the secrecy was necessary to preserve the very concept of a privately owned Fed. The secrecy was also necessary to prevent the wholesale nationalization and dismantling TBTF. So yes, the Fed and it’s owners, the TBTF, had their backs against the wall in this episode. A new congress, Dem majorities and a Dem president were coming on board in 2009. The Fed and the banks had one choice; lie and conceal and hope for a more favorable political climate down the road when the true scope of their crimes was known, maybe get a change in majority in the House or Senate. I think we now have our answer of why Citizens United happened, the Supremes were on board, and Citizens allowed the House to be bought, which it was. We also have our explanation of why the Rethugs came out with a “defeat Obama at all costs” seige mentality. The bankers and the Fed knew that FOIA would get the truth out in 2-4 years, so they had to go to work fast on changing the political structure of Congress and the White House. I would say they have succeeded. You would have to assume that Geithner and Summers were on board as well, and directed Obama away from financial reform and sent him groping in the weeds with health care reform, in an attempt to give all the financial industry criminals and Bernanke time to bury the crime, but more importantly time to get the House majority changed. My question: did Obama know the extent of the crime ? and if he did, wouldn’t that be the next logical step of the oligarchy ? have him impeached for condoning such a massive swindle of the American taxpayer !
I believe you’ve got it exactly right. And Citizens United is intended to keep it that way.
you make an excellent point. the investing public was shut out of this information. most investors figured the banks were cash-strapped, licking their wounds, the whole investing public was gun-shy. good for you calling the bottom, you are the exception.
So what was really happening, a roomful of banksters knew the Fed had their back, in an unlimited fashion, so it was the perfect time to drain all those retirement accounts and pension funds of hard earned money, which they did. they probably made a few phone calls to each other that weekend in early March ’09 and figured, hey were the only ones with any liquidity, thanks to Ben ! let’s buy these assets while they’re cheap !
More than a few people have speculated that the financial crisis was engineered as a massive wealth transfer, in reality there was never a financial collapse of TBTF, there could never be when the FED had their backs with unlimited funds. This was the oligarchy creating a scenario to buy assets for very low prices.
Well said. Not sure about Zero but I would be surprised if Bush did not know.
Yes. But it will probably be very carefully calculated, and the method made quite explicit if Randy’s past history is any guide.
Maybe so, but let’s see what Randy’s students have to say.
Cynthia I’m glad you seeing the light, a lot of us are blinded by it. Little by little more and more comes out, but unless the Attorney Generals from every state does something about it{like the Attorney Generals from Delaware, New York, Massachusetts and all the other forty seven states} nothing will be done. Surely don’t expect any action from the Federal Government. They where to busy looking the other way!
No..they were busy being the look outs while the heist was in progress.
And to be quite candid, I don’t think we’ve seen the worst of it yet.
With a Republican President or if Obama lies his way into a second term, I suspect after four years we will hardly recognize the place.
Every time I read Obama’s speeches or remarks (can’t stand to hear his voice or look at his visage), my only question is:
How the hell is he going to screw the people to help the wealthy this time?
And sure enough, so far he hasn’t disappointed me one iota.
Did I say putz? Let me demote him to a petzel!
About Iceland, they took the IMF’s advice and screwed up royally. prostratedragon says “This story does not yet seem to be sufficiently widely known, but should become so, quickly”…
It’s not a happy ending, it’s doubly bad.
Yeah, I know, that is what I meant.
This is an entry worthy of the Book of Holy Writ.
“How the hell is he going to screw the people to help the wealthy this time?”
He’s going to do what he did a year ago: To get the payroll tax holiday extended, he’s going to trade away the Bush tax cuts for a few more years. That allows him to claim credit for the holiday and for “leadership” and “bipartisanship”, while giving the biggest reward to the wealthy. The Republicans will go along because they get what they want – fewer and lower taxes all around – and they get one step closer to ending Social Security.
” it could be a quarter of 1% of the notional value that is actually at risk.”
1% of $800 Trillion is $8 Trillion.
The numbers are not nonsense, but your constant use of that phrase clearly is.
The notional value of a CDS is the size of the wager, it is the expected pay-off if the event upon which the CDS is based should occur.
If some investor has purchased a $1 Trillion swap based on a possible default by Greece, and Greece defaults, then that investor intends to collect $1 Trillion.
The point is that after all the netting, the banks do not have enough cash to cover their wagers, which will bankrupt them, and that is the situation they are trying to cover up.
There was a cracker jack piece on 60 Minutes last night thaking Lanny Bruer to the woodshed over the failure of DOJ to put anu MOTU in jail.
It laid out two very prosecutable cases.
Coincidently, on Sunday night, the WH announced that it was going to start lobbying for confirmation of its [not Liz Warren] nominee for the Consumer Protection Bureau.
I have a sensation that we may be nearing some kind of tipping point.
It’s not just DFH bloggers saying this anymore. The peasents are in the steets with torches and pitchforks and the MSM is starting to tell the story we in the blogosphere have been trumpeting for a couple years now.
We ARE getting message penetration. FinallY!