
The Question: As The Feds Broaden A Mortgage Fraud Probe, Will The White Collar Perps Of Subprime Crime Ever Do Time?
New York, May 6: There is a time in the life of every writer when you find yourself fearing that you have become a robo call phone machine—repeating the same message over and over with diminishing results.
That’s how I felt after eight months of silence after labeling the credit crisis a “subcrime” scandal, lashing out at the fraudulent activity at its core and calling for the investigation and prosecution of wrong doers. Almost no media outlets accepted this way of framing the problem, although, as usual, the British press was ahead of its American cousins in putting the blame on the bankers, not the borrowers.
When the FBI announced a probe of 14 mortgage companies, I thought that finally some investigators were on the case. But then, word leaked that they were only going after small fish, even as big banks reported losses in the billions.
Bank robberies have always been up the FBI’s alley, and after all, this is a bank heist case, perhaps one of the biggest in history. Only it was the banks that were doing the heisting.
The New York Times reported on May 5th that a new criminal investigation was finally underway.
A G-Man explained anonymously: “The latest inquiry is broader and deeper…. This is a look at the mortgage industry across the board, and it has gotten a lot more momentum in recent weeks because of the banks’ earnings shortfall.”
At last, institutional fraud may be on the agenda. At last, deeper questions are being asked. There have been some Congressional hearings, but so far none have risen to a Watergate type level prompting in-depth investigations fueled by subpoenas.
Slowly, oh so slowly, news outlets are recognizing this is a big crime story, one they missed for years, or at least since 2002 when subprime securities started being packaged for sale.
Reports the Washington Independent:
“As loans made to borrowers with decent credit begin to fail at a surprisingly rapid rate, it’s becoming clear that widespread fraud helped support the entire mortgage system - from borrowers who lied on their loans, to brokers who encouraged it, to lenders who misled some low income borrowers, to the many lenders, investors and ratings agencies that conveniently and deliberately looked the other way as profits rolled in.
Despite its widespread role, fraud hasn’t yet been at the forefront of proposed rescue plans, which center on refinancing people out of loans now resetting to higher rates.”
Why would reputable bankers and respected investment houses engage in these dishonest activities? The short answer: money, and lots of it.
Sales from Collateralized Debt Obligations (CDOs) jumped from $157 billion in 2004, to $559 billion in 2006, according to a study for the North Star Fund by Kevin Connor. Ten investment banks in all were underwriters for 70% of some $486 billion in securitizations in 2006. The banks had a motto: “Its all about capital.”
Subprime-related securities produced large multi-million dollar bonuses for traders and executives, as well as high revenues for the firms. In the years when business was booming, CEOs at big firms were making $10 to $50 million annually apiece. Collectively, in 2006, a year before their fall, the big banks earned a stunning $130 billion.
Even after these practices came to light, hefty bonuses continued. Wall Streeters walked away with $31 billion at the end of 2007, only one billion less than the year before. Executives who were fired still received multi-million dollar payoffs.
Most media outlets considered this business as usual, not shocking or illegal.
Not even when some of these loans were called “liars loans” in the industry, as when loan originators colluded with or advised borrowers on how to lie on their applications. It was all done with a wink and a nod reported the Washington Independent. They interviewed many insiders and experts who contended that:
“…pervasive fraud was, indeed, a problem - on the lender’s side. At the peak of the housing boom, they say, the nation’s mortgage system was set up to promote and encourage outright fraud in order to close a loan - and everyone, from brokers to loan officers to Wall Street, looked the other way. Borrowers also were put into products like payment-option arms that were unsuitable - and lenders knew it. ‘They were pushed like Vioxx, with very little regard for their dangers,’ said Kathleen Keest, senior policy counsel with the Center for Responsible Lending, a research group that investigates predatory lending.”
Wall Street was not a passive player either because of all the money they made from subcrime transactions. In some cases, they paid more for loans with predatory characteristics. Loan originators at the local level - as sleazy as many were - reported that it was the Wall Street firms that dictated the types of loans they wanted and their underwriting criteria. Thus, the so-called “secondary market” was really in charge.
This is why I and others insist this was a Wall Street crime wave built around predatory practices. The people who had the most were deeply complicit in ripping off the people who had the least. What’s worse, they had no legal liability in these unscrupulous deals.
How did America’s leading business magazine respond after the credit crisis brought Wall Street to its knees? FORTUNE called the credit crisis “both totally shocking and utterly predictable.” For them it was shocking not because of the human devastation or the millions of families who were cheated and faced foreclosure or because of the rippling effects on our society, but because the “best minds in the business…managed to lose tens of billions.”
And “predictable?” Again, not due to the lack of regulation or the enabling of shoddy products by our government, but “because whether its junk bonds or tech stocks or emerging-market debt, Wall Street always rides a wave until it crashes.” What a contrast to the usual celebratory coverage, but also what a cop-out to explain it all away.
Warren Buffet, perhaps America’s most successful investor, sounded disgusted: “Wall Street is going to go where the money is and not worry about consequences, Wall Street is reaping what they’ve sown,” he shrugs. The vice chairman of his company said: “If this were an Alice in Wonderland fable, you’d say it’s too extreme. It wouldn’t work as satire. Adults are not going to behave this way.'’
But adults did - and continue to. So far, they have been well rewarded as well. The question is: What are the rest of us, and our prosecutors, going to do about it?
A hard rain may soon fall on Wall Street. At least one political candidate who has received large donations from Wall Street senses that the public will is very receptive to anti-big business rhetoric. Hillary Clinton has outraged the world of finance by reportedly saying, “Why Don’t We Hold These Wall Street Money-Grubbers Responsible For Their Role In This Recession?” Her campaign now said she used the term “money brokers,” not money-grubbers. Whatever the words, its always the sentiment that counts.
– News Dissector Danny Schechter edits Mediachannel.org. He directed In Debt We Trust, the doc that first exposed subprime loans. (Indebtwetrust.org) He has just finished a new book on this calamity called Plunder. Comments to dissector@mediachannel.org
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9 Responses to “Investigating Wall St. Crime”
WHAT ABOUT THE REALTORS?
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What about the Realtors??? They were unprofessional slobs before this debacle and will remain the same after this cleans itself up.
I sight the current TV commercial authored by the Realtor Assoc. which touts a homes value doubling in 10years. As a group they are oblivious to this entire situation…and will tell you straight faced that they had nothing to do with it…
Ask any mortgage guy/gal their real opinion of realtors and they will most likely say the same…off the record off course!
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How come noone is investigating the same wall street firms manipulating the price of commodities across the board. They fabricate events/stories, coming from analyst on staff, to gain a position one way or the other to get big payouts also. How come no one is looking under this rock. Where is the SEC, CFTC when traders are exchanging 600 million contracts a day on a pumping station that can only process 220k barrels of oil. This market has also decoupled from market fundamentals. Demand has been on a downward trend for the past 4 months. But then they come out screaming the rest of the developing countreis aroundthe world is now consuming the oil. FYI…if the American consumer eases consumption these developing nations will not even need gas.
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Living in Colorado I was surprised this bubble didn’t burst along with Savings And Loan back in the eighties. The Vice President’s son was up to his elbows in weird morgages then. The Reagan Bush team civered that cats box with sand and no one except reporters could smell the streanch and find the bodies. Clinton’s kept covering where did the Bushes hide the money inside the M1. A mere billion or two in semis would have attracted attention in those quiet days. The crooks retired to Dallas and Aspen, there was a short outbreak of suicide
and AIDs and the minor characters were covered, with dirt and the beat went on.
Wall Streeters when they saw how much money the Bush familey made worked out even bigger scams for taking the Boomers retirement cash, Dot Com and Sub Primo. And they stole it all.
If anyone thinks anyone is going to jail for this besides the usual flunkies Look at Q-West’s latest walk, Joking Joe bought a judge or two?
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What about the appraisers? Your article says nothing about them, and yet most of the things that were done could not have been done without an appraiser willing to push value beyond what was reasonable.
Of course, we can say that mortgage brokers and their lenders had all the power. If we didn’t play, we didn’t work. That does not really alleviate the culpability of our profession, in my humble opinion.
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Bush is involved in this as his brother Neil was in the Savings & Loan scandal!
This family has gotten away with a lot of corruption over the years & never brought to justice! The real crooks in this will never be jailed & voters will continue to vote for them in any office they run for! You just can’t fix stupid voters! This capitalist country needs regulation on most industries, especially ones involved with daily living: housing,food,financial, medical etc., because if you don’t they will rob people blind. No industry will reulate themselves! They will use every oportunity to cut corners, cheat & steal. There is too much evidence that shows this is how they are. Too bad too many people are too stupid to see the truth!
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Well, clearly there is enough blame to go around. The bottom feeders, and this isn’t meant to be derogatory, but real estate agents and appraisers were definitely bottom feeders in this game and can’t be held responsible because you can bet that there were few if any R/E agents that racked in a billion bucks and appraisers are salaried individuals. The way it works in most lending institutions is that real estate values are pre-determined by comparable sales. If the market starts to weaken then an institution will send out a memo to lower the appraised value of a specific area to ensure the bank’s investment.
To answer your question: I don’t believe that any of the hedge fund managers, wall street investors or any other groups that were involved in this rather opaque investment fraud will ever be brought to justice.
The new wrinkle for a lot of companies today is to have its corporate headquarters located in Dubai where their financial records will never be examined by any US government agency. And to think that Halliburton has moved its corporate offices to Dubai…It boggles the mind!
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This is a link to an excellent site about these crimes Mr. Schechter; the bankers, regulators and the public which pays the bill for the criminals ultimately.
http://theautomaticearth.blogspot.com/
Bigelow
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I have been suspicious of the financial up’s and down’s since 1981. Interest rates went to 20% plus. From 1984 on I was convinced that sooner or later the S#%t would hit the fan blades. Every one of the so called financial GURUS’s, who peddled their forecasts (for a monthly charge) were wrong. Only now, after years of political interferences, are we getting the results. One of the human race’s problems is: “too soon old and to late SCHMART!”
Some will be hurting, some will get even richer. It was time to smarten up those who thought that they also could live in luxury. When the domestic engineers are sitting side by side at the HILTON with the RICH, that was the time to teach them a lesson. We have arrived at that time.
Very simple, but factual.
W.
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