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Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

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Basel 2 got its start in 1999 in the midst of the Asian banking crisis. By 2004 financial regulators had come up with a set of rules for Basel 2. The idea was to make banking safer and reduce unsafe lending. It makes lending safer by requiring banks to match the size of their capital cushion to the riskiness of their loans and securities. Because banks are in such a precarious state with amny risky loans and securities the implementation of Basel 2 in the USA in 2009 would mean that the banks have to set aside an even bigger capital cushion and this would mean an even lower lending for capital needs of business than otherwise in a lending environment that is already constrained, thus making the economic conditions worsen. Critics point to this to show their concern that this would be a good thing but at the wrong time leading to a bad result. But Basel 2 is so far along that its likely to be implemented especially since the current crisis is partly a result of extensive leveraging and not enough capital has been set aside to account for higher risk for loans and securities. Basel 2's plus point is that it requires more shareholder capital for riskier loans a bank makes, and its shareholders who are first on the hook in a default protecting depositors and tapayers and creating an incentive to lend with due diligence and carefully. In the current situation though once a credit crisis has started its extremely difficult to get more money from shareholders. European countries have implemented Basel 2 starting in January 2008 and no adverse effects on credit have been seen. But the US credit crisis much worse and is expected to worsen in 2009 so the timing for Basel 2 is sure to cause concern. Regulators can ease up on implementation of Basel 2 if this is the case. Note that these regulatory rulebooks are always a work in progress as for instance Basel 1. Under Basel 1 financial firms were not required to have capital backing up lines of credit if they were for less than 1 year, so banks decided to game the system by issuing short term lines of credit and rolling them over. And banks learned to get the loans off their books so they were not required to have capital to back these loans by securitizing the loans. Basel 2 also uses mark to market acccounting which would put more pressure on securties prices in times of distress. But Stefan Walter of the Federal reserve Bank of New York who is secretary general of the Basel Committee on Banking Supervision says theree are built in stabilizers such as letting banks estimate their risks on average using historical data and lets national regulators use their own judgement as to what is acceptable. Note that a research paper by greenlaw of Morgan stanley Hatzius of Goldman Sachs , Kashyap of the University of Chicago, and Song Shin of Princeton Unicersity, 4 leading economists, released feb 29, states that highly leveraged financial institutions reduce their lending by $10 for every $1 of capital they lose. by this estimate bank lending could be down by as much as $900 billlion from the $90 billion in mortgage loans losses that have been seen. ...

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France's parliamentary elections showed the Socialist party gaining 280 seats, with two allied parties getting 34 seats, giving the Socialists an absolute majority in parliament. Greens won 17 seats and the far left 10 seats. Former president Sarkozy's Union for a Popular Movement won 194 seats and allies 35 seats, for a total of 229 seats, down from 304 seats.The National Front led by Marie Le Pen won 2 seats. Marie Le Pen and Segolene Royal both lost their seats. The absolute majority gives Socialist president Hollande more room to implement his legislative program and make changes in eurozone architecture.

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Posturing and negotiating between Republicans and Democrats on deficit reduction before the "fiscal cliff" of automatic spending cuts and tax increases on Jan. 1, 2013.

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Gasoline pries hit $5.00 a gallon in California in October 2012.

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Feldstein says that the $700 billion plan to buy impaired assets will not prevent an overshooting downward in house prices, as more people have negative equity in their homes, rising to 40% of all mortgages at some point; and leading to a cycle of foreclosure and further price declines. This will only decrease the value of the mortgage securities that Treasury seeks to take off the hands of banks. And without direct government help in form of lowcost loans, say 2%, the cost of capital for the government, for 20% of the loan upto $80,000; more and more homeowners will have negative equity in their homes. This will lead to more foreclosures as housing loans are not full recourse, so that only the house is lost and the homeowner can move to an apartment and carry on from there. Thw size of this program would be $1 trillion but it gives the government income from the loans made and these would be full recourse loans so the taxpayer is protected. In Feldstein's view the current plan does not address declining house prices which is the root of the problem. ...

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A proposal by U.S president Obama to increase the minimum wage to $9.00 per hour from $7.25 to reduce poverty and inequality. This was announced in the State of the Union address of 2013.

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Britain has missed 400 billion pounds of growth as a result of Conservative governments spending cuts since 2010, says this TUC report cited in The Guardian. The Institute of Fiscal Studies and other reports also support this- that the income from work has fallen behind the income from owning assets in Britain- benefitting only the top 10% of households, hurting the rest and and creating a socially split and fragmented society. This has hurt Britain's economy. If the pre 1979 growth rate was maintained Britain's GDP would be 2 trillion pounds higher says this report citing the TUC. It has not improved the public finances as weaker growth means lower revenues, has weakened growth of the whole economic potential of the economy. At fault are institutions the IMF and the OECD and others that created a culture of misinformation that government spending gives only a modest spurt to growth so that austerity cuts can be prolonged with little impact on GDP. These institutions have later revised their analyses but the cultural impact of such perceptions has led to austerity cuts being accepted way of operating without thinking of the damage being done to the economy and to society. US president Biden has moved firmly to make the kind of targeted investments in infrastructure and to cut inflation that yield results and create a sense of optimism for the country. ...

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This editorial in the WSJ argues against Trade Representative Lighthizer's move to increase the percentage of North American content in a vehicle so that it creates more jobs. Currently Nafta rules require 62.5% of a duty free vehicle be made in North America. Lighthizer wants to lower the content coming from Asia or Europe. This is not favored by Canada and Mexico and it makes Mexico less competitive than it is now.

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Michael Boskin, the elder president Bush's chairman of the Council of Economc Advisors was instrumental in setting up the North American Free Trade Agreement (NAFTA). Here he points to the dire need to open up trade between India and Pakistan. Trade today between the two countries is $2.7 billion. Under trade models Boskin says the trade could be 20 times larger, about $50 billion. This would increase benefits and wages in both countries and is badly needed and long overdue.

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China's NDRC targets for pollution control are to cut sulfur dioxide emissions by 2% and nitrogen oxide emissions by 5% in 2014. The NDRC says it will reduce energy consumption per unit of GDP in China by 3.9% and carbon dioxide emissions per unit of GDP by 4% in 2014.

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Spain's cabinet announced new changes to labor laws to provide incentives to business to hire. Spain has some of the most restrictive labor laws in Europe and high unemployment. The unemployment rate reached 23% in December 2011, and about half of the people under 26 are unemployed. The cost of downsizing is so high in Spain that Spain's representative on the executive committe of the European Central Bank, Jose Manuel Gonzalez-Paramo, says companies prefer to close rather than downsize. The World Bank has singled out the labor laws as one of the main reasons for Spain's rising unemployment rate. New rules will reduce severance payments to 33 days per year of employment from 45 days. Severance packages will be reduced to a maximum of 24 months from 48 months. To encourage companies to hire permanent workers and depend less on temporary workers the new rules say employers must switch temporary workers to permanent contracts after two instead of three years. As an incentive for companies with a maximum of 50 employees to hire young people the rules give a 3000 euros corporate tax break for each new person hired under age 30. If the hired person was jobless he can still collect 25% of previous unemployment benefits for a limited period with 50% of the unemployment benefits going to the employer. Companies having losses for three consecutive quarters are allowed to pay less in severance payments- only 20 days per year of employment. Companies will now find it easier to leave collective bargaining agreements and make deals with their own staff. Luis Garicano, a professor at the London School of Economics, says this is a good step forward. He finds missing from the new rules subsidies to train young and unemployed people given the high dropout rates in Spanish schools. The government approved the rules by decree, but they will be discussed in the Spanish parliament. The government of prime minister Mariano Rajoy was recently elected with an overwhelming majority in parliament. This makes making major changes different from the process in Italy where a consensus has to be established....