President Obama told Jon Stewart that the proof of the administration’s skills in responding to the crisis was holding the costs to the public to below one percent of GDP compared to the 2.5% of GDP cost to the public of dealing with the S&L debacle, which he correctly emphasized was a far smaller crisis than the one he inherited. Our GDP is roughly twice today what it was in 1993, so Obama’s claim is that the respective public costs to resolve the crises were (roughly): $150 billion (S&Ls) v. less than $150 billion (current crisis).
The Bush and Obama administrations have consistently refused to apply any of the successful lessons learned in responding to the S&L debacle – even though the response has been praised by experts in public administration and Treasury Secretaries from both parties for decades. Both administrations refused to even discuss the current crisis with the senior S&L regulators that contained that crisis before it caused a recession. Obama thinks his response to the crisis was brilliant because it did not follow the S&L regulators’ much more expensive strategy. Obama cited the comparison to the S&L debacle as the most telling demonstration he could make of why his administration deserves praise.
It’s a Miracle!
What Obama does not understand is that his “cover up” strategy and his claims of brilliant success are direct steals from Dick Pratt’s playbook. Dick Pratt was the top S&L regulator in 1981-83. When he left (to join Merrill Lynch) he claimed that he had contained the crisis through innovative resolution strategies that slashed the average historic costs (from over 20% to less than 5% of the S&L’s assets). Pratt’s “resolutions” were accounting scams that did not resolve anything. They did, however, transmute real insolvencies into fake assets and create guaranteed (fictional) accounting income. The scam was so crazy that the more insolvent the S&L acquired, the greater the fictional income that the deal created. Pratt did so many of these scam resolutions that they created so much fictional income and capital that the industry reported it had suddenly returned to profitability.
The reality was quite different. There was no miracle, only the cumulative results of multiple accounting scams. Pratt’s resolutions did not resolve failed S&Ls. They were still insolvent.
Regulatory Accounting Scams Create the Ideal Environment for Fraud
Pratt’s cover up strategy is what made the S&L debacle so expensive to resolve. Indeed, it would have caused an economic catastrophe if his successor had not ended the cover up and reregulated. Covering up a banking crisis always has a seductive appeal to politicians. There are always senior officials, close to the bankers, who counsel that covering up the bank losses and providing hidden public subsidies to the failed banks is a “silver bullet” solution that can resolve a banking crisis virtually without cost to the public. Pratt’s cover up cost the public so much because it created a criminogenic environment that caused the second (“control fraud”) phase of the debacle. Interest rate increases ultimately cost the public $25 billion. The second phase of the S&L debacle cost the public an additional $125 billion (five times the cost of the interest rate phase). If Obama understood any aspect of the S&L debacle accurately he would know that his administration’s response to the current crisis (1) has not resolved the crisis, and (2) reprises the disastrous (and dishonest) regulatory strategy that caused the initial S&L crisis to grow massively and become the debacle.
President Reagan appointed Richard (Dick) Pratt, an academic finance expert, as Chairman of the Federal Home Loan Bank Board (Bank Board) in 1981. Pratt led the response to the first (interest rate risk) phase of the S&L crisis. He gimmicked the accounting rules, cut the number of examiners, and desupervised the industry. This allowed S&Ls to hide real losses and create fictional income. He championed the entry of “entrepreneurs,” primarily real estate developers with intense conflicts of interest.
The administration, Congress, and the media treated these Pratt’s fictional “resolutions” and claims of brilliance as real. By allowing S&Ls to hide real losses and create fictional income, deregulating, desupervising, closing none of the control frauds (which were growing in assets at an annual rate of 50%), and making virtually no criminal referrals (which mean there were no prosecutions), Pratt (and several states that won the “competition in laxity”) created an intensely criminogenic environment that led to the entry of hundreds of control frauds into the S&L industry. As the National Commission on Financial Institution Reform, Recovery and Enforcement (NCFIRRE) emphasized in its 1993 report, at the “typical large failure” “fraud was invariably present.” The NCFIRRE report also explained how deregulation, desupervision, the lack of prosecutions, the accounting scams that hid real losses and created fictional income, the manipulation of professional compensation for appraisers and outside auditors by the fraudulent S&L executives to produce a “Gresham’s” dynamic in which bad ethics drove good ethics out of the professions, and the perverse incentives caused by modern executive compensation allowed CEOs to create guaranteed, record (albeit fictional) profits and become wealthy by looting “their” S&Ls. (George Akerlof and Paul Romer concurred in their 1993 article. Looting: the Economic Underworld of Bankruptcy for Profit.) Martin Mayer aptly concluded, if one had to pick a single person most responsible for the S&L crisis becoming a debacle it would be Dick Pratt. Indeed, but for Pratt’s successor, Edwin (Ed) Gray’s reregulation of the industry, Pratt’s policies would have caused a Great Recession.
For reasons that only Summers, Geithner, and Obama can know, they chose to adopt Pratt’s disastrous and dishonest anti-regulatory strategy and parrot his dishonest claims of brilliance and success. Congress passed the Prompt Corrective Action (PCA) law in 1991 for the express purpose of outlawing any repeat of Pratt’s refusal to close insolvent banks. Congress, at the behest of the Chamber of Commerce, the American Bankers Association (ABA), and Chairman Bernanke, successfully (and shamefully) extorted the Financial Accounting Standards Board to change the accounting rules so that banks no longer had to recognize losses on their toxic mortgage paper appropriately until they sold the assets. Covering up the losses had three real (carefully unstated) purposes: (1) permitting evasions of the PCA, (2) allowing the banks to remove themselves from the strictures of the TARP program even if they are, in reality, insolvent, and (3) allowing insolvent and impaired banks to pay their senior executives huge bonuses on the basis of the (fictional) income that results when a bank does not recognize its losses. Each of these purposes is unprincipled and indefensible, but taken together they are also dangerous. The stated purpose – that the losses were temporary because of unusual liquidity constraints in the secondary markets) was never credible given the exceptional incidence of fraud by nonprime mortgage lenders and CDO sellers. The secondary market in nonprime paper collapsed three-and-one-half years ago. If we are fortunate, it will never return from the dead.
The administration and its odd bedfellows, the Chamber of Commerce and the ABA, have maximized the perverse incentives that will drive future fraud epidemics, bubbles, and severe recessions. The administration’s embrace of Pratt’s cover up strategy, its breathless self-praise for its own brilliance in resolving the crisis at virtually no cost, its perversion of the accounting rules and the PCA to bail out and make even wealthier the senior officers’ whose frauds drove the current crisis, and both administrations’ failure to prosecute the elite frauds have enraged a broad spectrum of Americans. The Chamber of Commerce and the ABA have rewarded Obama’s tacit support for their dearest dreams with a vicious assault on him. This means that the administration’s banking policies have attained the terrible trifecta: terrible economics, terrible ethics, and terrible politics. Bill Black is the author of The Best Way to Rob a Bank is to Own One and an associate professor of economics and law at the University of Missouri-Kansas City. He spent years working on regulatory policy and fraud prevention as Executive Director of the Institute for Fraud Prevention, Litigation Director of the Federal Home Loan Bank Board and Deputy Director of the National Commission on Financial Institution Reform, Recovery and Enforcement, among other positions.
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Bill writes a column for Benzinga every Monday. His other academic articles, congressional testimony, and musings about the financial crisis can be found at his Social Science Research Network author page and at the blog New Economic Perspectives.



41 Comments

Please keep posting your truth. For those of us, fighting this battle, this is the only validation we have of the fraud that is happening in the trenches. Your macro picture helps us understand the hell that we live. It’s all bigger than we are…it’s bigger than our attempts to save our homes and our money as it gets eaten up with fees and lies. But if people who understand money, don’t understand this aspect of what is going on, the problem will never be fixed.
Thank you for continuing to speak up. Your voice, blogs and diaries have been a beacon of hope and validation even if the changes are not coming fast enough.
“The Chamber of Commerce and the ABA have rewarded Obama’s tacit support for their dearest dreams with a vicious assault on him. This means that the administration’s banking policies have attained the terrible trifecta: terrible economics, terrible ethics, and terrible politics.”
A sign, no doubt, of Obama’s deluded leadership — “I’d rather be a really good one-term president than a mediocre two-term president.”
Thanks Bill, Your writing on this subject has been authoritative and invaluable.
The only people Obama the Con Man believes in punishing are whistle blowers. War criminals and Wall Street fraudsters get praise and a pass.
In addendum, the only people our President believes in being tough on and leaning on are the real liberals, like Dennis Kucinich. The Republicans, Lieberman, Lincoln, Baucus, etc. are all given the soft touch by this administration.
ha !
just published my Fraudclosure for Dummies diary here:
http://my.firedoglake.com/cbl2/2010/11/01/fraudclosure-for-dummies/
Professor Black is featured prominently :D
Obummer’s “Going FORWARD” , directly to the S&M Crisis for US ALL!
Instead of Commander in Chief, Obama should be called the Bombing Looter in Chief.
Why not repeal the 13th amendment and be blunt and truthful about the American people’s “servitude” to corporations? Due process is a function of money and clout. “Dred Scott” was denied due process to protect slavery. Citizens United protects corporations and Feldman protects big oil, while the USA has been gutted as a result of the horrible value we’ve been brainwashed to think is “freedom.” I can’t drive, 55! What a cost for that freedom? Our standard of living and lives. Never mind the banks!
Actually, Looting Bomber in Chief sounds better to me.
“The administration and its odd bedfellows, the Chamber of Commerce and the ABA, have maximized the perverse incentives that will drive future fraud epidemics, bubbles, and severe recessions”
have I been misreading Zero Hedge and the likes of Chris Whalen ? have I been incorrect in surmising Bernanke’s current QEII/ZIRP moves places us on a direct path to a global crash – one where we really don’t have to worry about “future” anything ??
I disagree. That term “Bombing Looter in Chief,” is the sole province of “Executive Oil.” Amazing how high energy cost reflected in the price of oil have preceded every downturn in our economy. Yet we will kill for oil, as slaves where exploited for energy!
http://www.wtrg.com/oil_graphs/oilprice1947.gif
sorry Mason, that wasn’t in response to you
Rocket science!
Thanks Bill alway nice to know the truth is sill out there.
Just more criminals in power.
a reminder to those relatively new to this story or this site – Professor Black was instrumental in sending over a 1,000 people to jail in the S&L Scandal
Thanks Bill!
The US Chamber of Commerce. A tax exempt not for profit 501 c whatever, “relieving the burdens of government” by throwing unlimited undisclosed cash from foreign and domestic sources at political campaigns which further their partisan political interests. Servitude of America to corporatist? Like a tax exempt anti trust exempt health insurer, BCBS of MI which control dominate market share and has a fugitive slave law/mandated health insurance, to protect their business model and profits, while gaming the wolverines, for their money! Rancid! Utterly Rancid!
Jane has a fresh cross-post available: FDL Election Projection Challenge: Last Chance to Place Your Bets
Heckuva job, Summers, Geithner, and Bernanke…. record profits and bonues on Wall Street with 10% unemployment. There are two Americas; the have mores, and the have nots.
I recall the debacle very well. Thank you Professor Black! Just another great value driven “deal” for America?
Thanks for the post. It’s no secret that a lot of wealthy people conned and ripped off the “small” people with the S&L crisis. And they got away with it. It was mainly Michael Milken who took any kind of hit but only served less than 2 years in Club Fed. Milken’s still extremely wealthy, and I believe he gets “hot” teaching gigs at the Ivy Leagues… instructing future MOTU how to rip off the “small” people for sh*ts ‘n grinz.
What’s to LEARN from the S&L crisis except what Milken continues to teach: Rip Off 101, 102 & Advanced???
Dr. Black, thank you for your article.
I’m going to broadly hint at the role of “HR” and “Contracting” (the planned and timed instantiation and termination of shell corporations as contracting vehicles) as a feature not a bug of the present criminogenic environment.
I noticed a wave of many senior, seasoned civil service throughout the agencies being pushed out of their positions beginning in Clinton’s first term. One was with the RTC which was wound down in 1995 (link: http://www.wisegeek.com/what-is-the-resolution-trust-corporation.htm). Many of these folks were commenting on the contracting out of their positions to corporate control. I and they understood that key positions were ripe for the systematizing of control fraud. Unfortunately, many state and county governments emulated this bad model. The wave of young, inexperienced but ideologically “appropriate” replacements timed with 2000 was another “tell” to me about things to expect under that Administration. An interesting thing many Americans do not know is how powerful local county and city entities are in the DC Metro area to the point they could even be considered overshadowing their respective State governments (e.g. Fairfax County, City of Alexandria). The corporations definitely exploited these features including very precise computer-based HR practices of creating a permanent, internationally available worker dossier which I often criticized SHRM.org for helping implement during the 1990s with its corporate partners (e.g. “America’s newest export: white-collar jobs; The debate over offshoring white-collar jobs is red hot. Dissecting the rhetoric and grounding the predictions will help HR plan for future workforce needs,” by Pamela Babcock, Publication: HRMagazine, Date: Thursday, April 1 2004, link: http://www.allbusiness.com/government/136239-1.html and “SHRM to Set Staffing Standards” at http://webcache.googleusercontent.com/search?q=cache:eCD7ZIhZO4UJ:https://www.shrm.org/Publications/StaffingManagementMagazine/EditorialContent/Pages/0409upfront.aspx+shrm.org+monster+china&cd=3&hl=en&ct=clnk&gl=us , Apr. 1, 2009).
Obama is a very smart guy, but he’s way in over his head on this stuff. It takes talent to be a successful fraudster (many apply but few are chosen), and the fraudster’s running our banking system are very good. The only thing that is going to stop this train wreck is economic collapse. I’m not sure that’s the kind of ‘pain’ the reactionary pundits are hoping for, because it means that the companies that have relied on consumers to make money for them are going to be in a deep hole, not to mention property values. The American economy has a lot of resilience, but it remains to be seen whether the people do.
No problema. That’s what I thought.
BTW, I also think QEII will be an ineffective and extremely dangerous strategy for Bernanke to attempt at this point.
In this case, and perhaps many others, Obama and his administration shows that they are either incompetent or duplicitous. Or maybe they just don’t really give a Flying Fuck about anything except rewarding their buddies.
I’m constantly scratching my head trying to figure out if Obama is truly that inept a politician that he repeatedly is willing to make enormous and unnecessary concessions on any policy without getting any support whatever from his opposition. If he is that inept, I’d love to play poker with him. I’d bankrupt him and own everything he ever possessed in less than two hours.
I’m still waiting for him to do something “really good”.
I think they are duplicitous with an haha-FF-you-as-we’ve-got-ours attitude. But, they are dealing with a system– a machine– that’s runaway and not even a few “Wizard of Oz” types can keep what’s left of it from going over the cliff. We can stand back and watch it go with the zombie lemmings in tow. I am doing everything I can to grab as many back from destruction but there really are some situations and people that manage to take any help and use it to feed their dysfunction so that’s not help but enablement. One really has to muster every bit of discernment and skillful application of it for such “interesting times” (old Chinese curse ; take the quiz at http://kiad.livejournal.com/421724.html).
Because Obama’s a conservative and conservatives never learn from their mistakes.
It’s all about property rights:
(blockquote test)
(blockquote test failed) (*sigh*)
Hi Bill Black, are you allowed to post on Daily Kos? The meme there is that stars and twinkles happened and what Obama said on The Daily Show was true.
(html link test)
Also, this isn’t cross posted at Michael Moore? I know you blog there.
Ha! html link test worked! So… write comment on Emptywheel, paste in here
The S&L scam was the first test to see if America would take it. We did and here we are.
Me too. He always takes his highest card off the table before the play begins.
Now that Rahm has scrammed after his delusional “advice” and left O to the sharks who O thinks are his friends, I suspect he’s going to find out just how many pieces of his anatomy are missing by the end of two years.
That would be the only up side of the Repubs getting control of congress again, when the sh*t hits the fan, everybody can blame them….maybe.
right now it seems everyone has selective amnesia, like the first 8 years of the century never happened. I hold Obama responsible for that too
No need to scratch your head,Obama is a “corporatist” plain & simple,now not wanting to believe what’s in front of you is the cause of head scratching…..
As the old quote says,
“You’re either part of the solution,OR,you’re a par tof the problem.”
Speaking of solutions,where’s the edit button these days?
At least Pappy Bush’s team put the S&Ls into receivership, cleaned them up, and prosecuted people (of course for the almost-penitent Jon McCain…) His administration did better than Obama’s, was my point.
Bill, thanks for posting – please keep it up!
I keep trying to understand Obama’s end game. He’s setting himself up to be remembered as a rather pathetic President.
This is accountability we used to know of. Thanks for your work in reminding all those in the S&L scandal that the rules of the play are the rules and not pesky stuff to be ignored of.