Washington plays Russian roulette
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IN TIMES OF UNIVERSAL DECEIT, TELLING THE TRUTH WILL BE A REVOLUTIONARY ACT.
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by Ralph Nader
Where were the giant accounting firms, the CPAs, and the rest of the accounting profession while the Wall Street towers of fraud, deception and cover-ups were fracturing our economy, looting and draining trillions of dollars of other peoples' money?
This is the licensed profession that is paid to exercise independent judgment with independent standards to give investors, pension funds, mutual funds, and the rest of the financial world accurate descriptions of corporate financial realities.
It is now obvious that the accountants collapsed their own skill, integrity and self-respect faster and earlier than the collapse of Wall Street and the corporate barons. The accountants-both external and internal-could have blown the whistle on what Teddy Roosevelt called the "malefactors of great wealth."
The Big Four auditors knew what was going on with these complex, abstractly structured finance instruments, these collateralized debt obligations (CDOs) and other financial products too abstruse to label. They were on high alert after early warning scandals involving Long Term Capital Management, Enron, and others a decade or so ago.
These corporate casino capitalists used the latest tricks to cook the books with many of the on-balance sheet or off-balance sheet structured investment vehicles that metastasized big time in the first decade of this new century. These big firms can't excuse themselves for relying on conflicted rating companies, like Moody's or Standard & Poor, that gave triple-A ratings to CDO tranches in return for big fees. Imagine the conflict. After all, "prestigious" outside auditors were supposed to be on the inside incisively examining the books and their footnotes, on which the rating firms excessively relied.
Let's be specific with names. Carl Olson, chairman of the Fund for Stockowners Rights wrote in the letters column of The New York Times Magazine (January 28, 2009) that "PricewaterhouseCoopers O.K.'d AIG and FreddieMac. Deloitte & Touche certified Merrill Lynch and Bear Stearns. Ernst & Young vouched for Lehman Brothers and IndyMac Bank. KPMG assured over Countrywide and Wachovia. These ‘Big Four' C.P.A. firms apparently felt they could act with impunity."
"Undoubtedly they knew that the state boards of accountancy," continued Mr. Olson, "which granted them their licenses to audit, would not consider these transgressions seriously. And they were right...Not one of them has taken up any serious investigation of the misbehaving auditors of the recent debacle companies."
"Misbehaving" is too kind a word. The "Big Four" destroyed their very reason for being by their involvement in these and other boondoggles that have made headlines and dragooned our federal government into bailing them out with disbursements, loans and guarantees totaling trillions of dollars. "Criminally negligent" is a better phrase for what these big accounting firms got rich doing-which is to look the other way.
Holding accounting firms like these accountable is very difficult. It got more difficult in 1995 when Congress passed a bill shielding them from investor lawsuits charging that they "aided and abetted" fraudulent or deceptive schemes by their corporate clients. Clinton vetoed the legislation, but Senator Chris Dodd (D-CT) led the fight to over-ride the veto.
Moreover, the under-funded and understaffed state boards of accountancy are dominated by accountants and are beyond inaction. What can you expect?
As for the Securities and Exchange Commission (SEC), "asleep at the switch for years" would be a charitable description of that now embarrassed agency whose mission is to supposedly protect savers and shareholders. This agency even missed the massive Madoff Ponzi scheme.
The question of accounting probity will not go away. In the past couple of weeks, the non-profit Financial Accounting Standards Board (FASB)-assigned to be the professional conscience of accountancy-buckled under overt pressure from Congress and the banks. It loosened the mark-to-market requirement to value assets at fair market value or what buyers are willing to pay.
This decision by the FASB is enforceable by the SEC and immediately "cheered Wall Street" and pushed big bank stocks upward. Robert Willens, an accounting analyst, estimated this change could boost earnings at some banks by up to twenty percent. Voilà, just like that. Magic!
Overpricing depressed assets may make bank bosses happy, but not investors or a former SEC Chairman, Arthur Levitt, who was "very disappointed" and called the FASB decision "a step toward the kind of opaqueness that created the economic problems that we're enduring today."
To show the deterioration in standards, banks tried to get the FASB and the SEC in the 1980s to water down fair-value accounting during the savings and loan failures. Then-SEC Chairman Richard Breeden refused outright. Not today.
Former SEC chief accountant, Lynn Turner, presently a reformer of his own profession, supports mark-to-market or fair value accounting as part of bringing all assets and liabilities, including credit derivatives, back on the balance sheets of the financial firms. He wants regulation of the credit rating agencies, mortgage originators and the perverse incentives that lead to making bad loans. He even wants the SEC to review these new financial products before they come to market, eliminating "hidden financing."
Now comes the life insurance industry, buying up some small banks to qualify for their own large federal bailouts for making bad, risky speculations.
The brilliant Joseph M. Belth, writing in his astute newsletter, the Insurance Forum (May 2009), noted that life insurers are lobbying state insurance departments to weaken statutory accounting rules so as to "increase assets and/or decrease liabilities." Some states have already caved. Again, voilà, suddenly there is an increase in capital. Magic. Here we go again.
Who among the brainy, head up accountants, in practice or in academia, will join with Lynn Turner and rescue this demeaned, chronically rubber-stamping "profession," especially the "Big Four," from its pathetic pretension for which tens of millions of people are paying dearly?
Ralph Nader is a consumer advocate, lawyer, and author. His most recent book is The Seventeen Traditions.By SAUL LANDAU
“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.”
-- Thomas Jefferson, 1802
"It’s worse than you can imagine,” a Member of Congress confided to me, referring to the downward spiral of the economy. “We just gave all those hundreds of billions to the bankers so they would lend it and they didn’t lend it and they still want more. The bankers don’t know what they’re doing and Tim Geithner [Treasury Secretary] doesn’t know what he’s doing. We all know this is the worst economic slump of our lifetime.”
While the arcane Washington budget processes – each Senator and Member trying to grab something for his or her district or State -- unfold, the poor should start to worry. They have already lost or about to be lose homes, jobs and health care. The propertied classes focus on their major concern: their property, which stands immeasurably higher in their moral guidelines than the lives and welfare of those without or with less.
The remaining masters of the universe on Wall Street still cling to the idea of their own infallibility. “El Duce is always right,” Mussolini said about himself – before the Partisans hanged him.
The capitalists oddly enough believe in capitalism and have done all in their power to spread the word. Their public promoters convinced lots of working people that capitalism and the American flag go together. Capitalism means freedom, so the very notion of nationalizing banks – forget socialism – looms in their minds as akin to the Holocaust.
The big bankers and their corporate brethren have connected to political power, one step below them, by simply throwing money at politicians who eagerly catch it. They also endow think tanks whose mavens will then explain to the gullible public why the United States needs perpetual war – to spread freedom (capitalism).
Count the victims of this cavalier assumption. Since the 1950-3 Korean War, US forces have overthrown -- or attempted to -- governments by force and violence in Vietnam, Laos, Cambodia, Chile, the Dominican Republic, El Salvador, Nicaragua, Brazil, Iran and Indonesia. They encouraged military coups in countless other nations in the third world.
Until the Soviet Union collapsed in the early 1990s, the battle against communism justified the interventions. The Reds have since been replaced as the demon by the Terrorists. Thus, Afghanistan and Iraq join the victim nations, with Pakistan inching its way onto the list.
The wars cost the lives of countless US servicemen and women and many more of the natives -- in the name of protecting freedom. To question the worthiness of service in any of the wars – Korea, Vietnam, the Persian Gulf--became tantamount to questioning the flag itself.
The mantra that surrounds the start of all the new wars remains numbingly in place. The President asks young people to fight because the nation’s freedom is at risk. Having said the magic words, the President then goes on to suck money from the taxpayers to “win” the noble struggle. Official language assumes “we” are good and those opposing us are bad. Listen to what Gen. David Petraeus, commander of U.S. forces in the Middle East, told US and European attendees at a security conference. “To win in the Afghanistan-Pakistan war, we need to identify and separate the ‘irreconcilables’ from the ‘reconcilables,’ striving to create the conditions that can make the ‘reconcilables’ part of the solution, even as we kill, capture, or drive out the irreconcilables.” (Remarks at 45th Munich Security Conference, February 8, 2009) Imagine a top British general in 1776 making similar remarks to his fellow officers regarding the populace in the American colonies!
“Reconcilables” means those the United States can buy or intimidate to collaborate with its policy goals. Some people would call them traitors. Later, after US forces withdraw and the “friendlies” become pariahs in their own country, the US government might reconcile itself to bring a few of them to the United States -- as they did with some members of the Hmong people after the Vietnam War.
Bush sent troops to Afghanistan in October 2001 to find and kill Osama bin Laden. Somehow the mission has changed into one of making Afghans reconcile to a US-designed order. This has not worked in Korea, Vietnam or anywhere else where US troops tried to export our – now sinking – way of life to people with different cultures. But it has been expensive.
The harsh fact, unmentioned in the US media, is that the United States, with its vast technological superiority and military power did not win in Korea or Vietnam, cut and ran in Laos and left Cambodia in such a mess that the bloody Khmer Rouge could take power there and slaughter a percentage of the population. Similarly, Washington policy “experts” do not reflect on the fact that all the CIA coups yielded little of permanence. Indeed, the blowback from CIA coups in Iran and Guatemala are still evolving.
The coups in Brazil and Chile have eroded military power in those countries and brought to the presidency socialists who have defied Washington – something that would not have been permitted fifty years ago. But how many of the powerful in the nation’s capital ask the question as budget time comes around: how can we afford to continue spending on wars we never seem to win when the state of our own economy is in virtual collapse?
The current military budget maintains “268 bases in Germany, 124 in Japan, and 87 in South Korea. Others are scattered around the globe in places like Aruba and Australia, Bulgaria and Bahrain, Colombia and Greece, Djibouti, Egypt, Kuwait, Qatar, Romania, Singapore, and of course, Guantánamo Bay, Cuba -- just to name a few. Among the installations considered critical to our national security are a ski center in the Bavarian Alps, resorts in Seoul and Tokyo, and 234 golf courses the Pentagon runs worldwide.” (David Vine, “The Costs of Empire: Can We Really Afford 1,000 Overseas Bases?” FPIF, March 10)
As the Congressman assured me, “the only thing that can put a halt to this military spree is for the public to get wind of how much were pissing away on this overseas nonsense. My God, it’s going to cost more trillions of dollars than we see in this round of bailouts. People have to start asking of the military budget just as they ask of the bank bailouts: do these expenditures really keep us stable?”
The rich and powerful think mainly about preserving and expanding their wealth and power. President Obama must realize that under the emergency powers of his office, he not only has the authority to seize our assets, but also has access to all the assets of America’s richest men for meeting those emergencies that threaten the common good.
It has become apparent to millions of people that the nation faces a severe crisis. One year ago, who could have predicted Congress would bailout banks and monster sized insurance giants, that GM would teeter on the brink of bankruptcy and our fabled way of life would become a joke for millions of recently foreclosed families?
Soon, lots of people will ask: If we bail out the banks then why shouldn’t we control them -- or even own them? The bankers screwed up. Why should they get any of our money? Maybe they’ll even question why Congress should continue funding a massive military institution that hasn’t won a real war since 1945 to the tune of some three quarters of a trillion dollars a year?
Saul Landau is an IPS Fellow, author of A BUSH AND BOTOX WORLD (Counterpunch) and director of forty films, available on dvd from roundworldproductions.com