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Simon Nixon points to two large capital gaps Spain's government faces for Bankia. Spain was not prepared for the events of the last month as it took control of Bankia. The agreement to convert 4.5 billion of preference shares into equity gives it 100% of Bankia parent, Banco Financiero y de Ahorros, and 45% of Bankia. The capital gaps Spain faces for Bankia comes from expected loan losses which it has been slow to deal with. BFA-Bankia's real estate loan losses are estimated at 52 billion euros. Capital provisions for this are only 11%. J.P. Morgan estimates another 4.9 billion euros will be needed under new government rules. But these rules do not reflect all the losses if real estate loans are written off and and other loans are correctly shown as nonperforming, and other corporate loan provisions are increased. When this is done total losses would in reality be about 12% of the 190 billion euro loans at BFA-Bankia or 22.8 billion euros, according to experts. To correctly deal with this would require $15 billion euros, in addition to the 4.9 billion euros, for a total of 19.9 billion euros. The other capital gap comes from BFA's capital carried on books at 12 billion euros, the pre-IPO value. This has been shrinking rapidly to 5.5 billion euros at 2011 end, and is now down to 2.8 billion euros. This could mean another capital gap of 5 billion euros, depending on to whether shareholders are wiped out. Bankia has 350,000 private shareholders and it will be important to maintain depositor confidence. The total is close to 25 billion euros in capital gap for BFA-Bankia that the Spanish government must face up to quickly. It does not stop there because there are other cajas savings banks and other banks that will have to be taken into account- too large a loss would mean losing market confidence and poorer access to financial markets. ...

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The figures are startling, alarming dangerous whatever you call it. How many homeowners are under water or owe more on their mortgage than their house is worth today in today's depressed market? And how many more will be under water in tomorrow's even more depressed market as unemployment gets worse in 2009, and much worse after that in 2010. Moody's Economy.com's chief econmist mark Zandl has worked out some figures. And he says one in 6 mortgages in America today are under water, that is 16% of 7.5 million households that own homes they live in, or roughly 12 million households. To give some idea of how quickly this is deteriorating while Congress, the Administration and the general public could not reach any agreement or consensus about assisting homeowners avoid foreclosure in steps that cover all homeowners across the USA. The comparable figures were roughly 4% under water in 2006 and 6% in 2007. Thats a huge jump from 6% to 16% and was not expected to be such a steep jump in 2008. And it may be accelerating for 2009. And of the homeowners who took on a mortgage in the last 5 years the figures are startling, 29% are under water according to estimate by real estate Web site Zillow.com, that is one in 3 almost. Which is why absence of government help on a comprehensive scale covering the whole country and all homeowners facing foreclosure remains the one huge gap in the rescue package passed by Congress for $700 billion at Sept end 2008. Why is it dangerous? Because it accelerates the downturn in the economy and exacerbates the problem of toxic mortgage assets on the books of overleveraged banks, as dropping housing prices from higher foreclosures depresses the value of those assets even further. And this creates a vicious circle of lower consumption spending followed by lower production, higher unemployment and leading to lower consumption spending in a repeat cycle leading to higher foreclosures as a consequence of higher unemployment....

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Same store sales continued to drop for the fifth consecutive quarter for Best Buy electronics retail stores. Best Buy shares have declined by 32% as of September 14, 2011. Best Buy has 1,100 stores in the U.S. and competes with online retailer Amazon for electronics sales. Investors see Best Buy management's plans to reduce square footage by 10% as too slow a response to a developing crisis for big store sales. Best Buy CEO, Brian Dunn, says about 40% of online purchases from Best Buy are picked up at its stores. He sees a role for retailers with physical store space because, as he sees it, customers still want to see, touch and feel the latest tablet or other electronic gadget. Critics say customers are prone to use the stores to look at products, and make the actual purchases online at Amazon, where no sales tax is paid.

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Jobs and Bezos as polymath leaders combining various influences. Jobs influenced by calligraphy, design, technology and Buddhism- bringing this together in a fluid intelligence to come up with new products. An adventurous spirit also characterizes Bezos and Jobs.

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Chadwick Matlin's review of NYT's Ross Sorkin's book "Too Big To Fail," tells the story of Fuld's cockiness, overconfidence, whats the right word? He got into a fight with his ROTC officer as a student writes Sorkin in his new book. And there he is turning down offers from a Korean bank, Barclays and Bank of America - making the wrong decision each time- because he did not recognize the danger Lehman was in and had an inflated view of Lehman, helped by staffers. Perhaps says Matlin, encouraged by the people that he surrounded himself with. A anecdote in the book is cited that shows Fuld in New Delhi asking Treasury Secretary Paulson if he could get clearance from Russia for his flight to cut 5 hours of flying time, and Paulson telling him he couldn't get that for himself.

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Roger Scruton on John Stuart Mill, famous British writer on political economy and theory. Mill's books include On Liberty, and Principles of Political Economy. Mill followed his father's political philosophy, which his father acquired from Jeremy Bentham, who developed the theory of Utilitarianism. This theory's main point is stated briefly: "that action is right which promotes the greatest happiness of the greatest number." Scruton critiques Mill on the 200th anniversary of the birth of John Stuart Mill. He says that Mill's writings and ideas still dominate jurisprudence in the English speaking world. As for example the idea expressed in "On Liberty," that the purpose of law is to protect the will of the individual, and the concept of harm. If one person's actions do not harm another person then the law should protect the individual to act and speak as he chooses. Other writings are Principles of Political Economy, which expresses liberalism in its modern sense. A liberalism where the state steps in to help and assist in equitable distribution of resources and opportunites to all people within the framework of "On Liberty," which sets maintaining individual freedoms as an aim of good government. Even though Scruton is right in saying that wisdom is deeper and more valuable than rational thought alone, Mill's thought processes for that build on and expound on Adam Smith in Principles of Political Economy may be right for his time. Especially considering the problems of Charles Dickens Victorian England, of industrialization, poverty and so on, and this because they were the wisdom of the time. The same thinking taken in a different context, distorted, with different labels in the 20th century, (socialist state that destroys individual rights) gave rise to many evils but they have little to do with the author and his context of Victorian England. Wisdom may very well suggest that the state overreached and in some cases destroyed freedoms and economic wealth in recent times, and now is in a moral vacuum when it comes to social issues like raising of children, society, etc. In each situation the best approach appears to be to look at each situation in its own special context and background, and history, to find creative and human solutions. ...

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The Economist points to a second hit from bad debt in the post 2008 stimulus binge of spending in China. This is after an earlier hit, that was absorbed as a result of high growth rates and high savings. About $420 billion was injected into 5 state owned banks since 1998, according to one estimate, as a result of the first hit to China's banks from bad debt. In this second round of bad debt, covered in more detail by David Barboza in the New York Times, and merely alluded to here, many bad loans to infrastructure projects were rushed through by local governments. The Economist considers this one of the successes of the state directed banking system, that loans were quickly made and projects started in the post 2008 crisis period; and expresses the view that this hit will be absorbed just like the last hit. However the more detailed account by David Barboza and in Business Week, points to the working of a system of incentives gone astray in a capitalist system without the necessary controls or regulation. Local governments used investment companies to take on loans, which were then used to prepare properties to be auctioned off at a profit and speculative prices to state owned companies in different industrial sectors. This is part of rampant speculation in China in real estate markets. Can China with its high savings and growth absorb a second hit? This depends on the magnitude of the hit and the size of the bad debt, which depends on how long this speculative market continues to operate, and how bad debt is hidden in the books. The difference this time is that large state owned companies in different industrial sectors are engaged in this speculation. The other difference is that the high growth rates in China depend on continued large trade deficits with the USA and Western Europe, something which is not likely to continue for long, as consumers in Europe and the USA with high debt are becoming cautious spenders. This suggests that China, like the US with the mortgage crisis, faces the same effects of unregulated or uncontrolled speculative behaviours, that can endanger the banking system....

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Peter Bernstein, colleague of Robert Heilbroner, economic historian, communicator and developer of efficient market theory and portfolio theory. He wrote several books on capital, risk and Wall Street and diversified investing. He like Heilbroner was a Keynesian, who believed government spending was critical to supporting the economy, and disagreed with Reagan. He believed that the deficit was not too large relative to the nations output, and government's role in the economy should not be curtailed. Government spending was necessary to a healthy market economy in Bernstein's view. His other point was that regulation of markets was needed to prevent a market collapse. His view was that the wealth and entrepreneurial energy generated by arising stock market were worth the risk. In a semimonthly newsletter he published for many years he said a week before he passed away at 90, that "with hindsight, most readers today would find our position in 2005 to have been a prescription for tragedy." He went on to say quoting Alfrd Tennyson, " tis better to have loved and lost than never to have loved at all. There was wisdom in Tennyson's words. Who can say he was wrong beyond debate? That would be asorry world indeed." Whats is interesting this that unlike many who get blinded to dangers such as selfinterested behaviour like that of the ratings agencies, the mortgage innovators who were more selfinterested than innovators, and banking executives interested in their bonuses, Bernstein, Heilbroner and others like him take positions on either side on the merits and on ethics, leaving out ideological bias. He is for financial innovation but is cautious at the same time, preferring to build theory he says. Its interesting that in 2005, he wrote the book "Wedding of the Waters: The Erie Canal and the Making of a Great Nation," a subject that another financial industry leader from that period, Felix Rohatyn, also talks about in his book "Bold Endeavours." There is a difference in the kind of selfinterested and reckless "innovation" of Mozilo, Prince and Moody's successors in the ratings agencies, and the innovation, watchfulness and entrepreneurial energy that Moody, Rohatyn and Bernstein have in mind....

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How Elizabeth Warren, a Professor at Harvard Law School, influenced economic advisor Summers and President Obama in their decision to form a Consumer Financial Protection Agency. She met with Summers recently and they have known each other for a long time at Harvard University. Warren has spoken up for consumers, and written several books and articles on the subject of protecting consumers, credit and economic stress. She was the chief advisor to the National Bankruptcy Review Commission and chairwoman of the Congressional Oversight Panel which acted as a watchdog over the TARP program. Ms. Warren says she first got the idea of a financial products agency while researching a 2003 book about middle class families who did well on one income, but now were having a difficult time coping with two incomes. She made the point that it wasn't overspending by many families that was to blame but poorly designed financial products. In 2007 she wrote an article in the journal Democracy about this idea of an agency to protect consumers of financial products. She says overhauling the regulation of financial products is necessary not only to help consumers make good decisions, but also help "make the market work." And she adds that the market "has been badly regulated" through a system of seven federal agencies, each of which has jurisdiction over some aspect of consumer financial products. See the other link in the WSJ of June 20, 2009, by Jason Zweig, which talks about the influence of a friend of Obama at University of Chicago Law School, Prof Sunstein, on the formation of a Consumer Protection Agency. Sunstein, and Thaler, a Professor of Economics at the University of Chicago, wrote a book "Nudge" which shows the impact of psychology and the behavioural element in decisions made by consumers. Sunstein and Thaler express the idea that there are advantages in having standard products that cannot lie to consumers, and are based on the "fair-dealing, openness and transparency" the President emphasized. They act as an anchor for all other products, which are compared to these products. ...

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A landmark ruling and a huge win for consumers and for the country, as the Supreme Court says states can enforce fair-lending laws and other consumer protection measures against the largest banks in the USA. The Suprem COurt said that the rules issued by the federal banking regulators like the Comptroller of the Currency under the NationalBank Act - a law passed in 1864- could not block sfforts by the states to enforce their laws. For the country its a win because the lack of enforcement of state laws only allowed abuses in the subprime area to continue and helped create the subprime mortgage crisis. The case began with letters by the New York Attorney General Eliot Spitzer in 2005 to several national banks including CItigroup, JP Morgan Chase and Wells Fargo inquiring about lending practices to minorites. The letters referred to "troubling" disparities that suggested black and Hispanic borrowers were being charged disproportionately higher interest rates on mortgages compared to whites. THe letters asked for information "in lieu of subpoena." Protection of minorities and the weak in American society is part of the moral fabric of America and that it had eroded in recent years is evident in the manner the banking sector responded. A banking trade group and the Office of the Comptroller of the Currency brought a lawsuit to block the New York Attorney General's request saying that the National Bank Act nd rules issued by the Bush administration in 2004 gave that type of authority to comptroller and prohibited such efforts by the states. And then afederal district court ruled against the states, aand the U.S. Court of Appeals for the Second Circuit Court affirmed that decision. These are instances where the system failed to protect the weak even with the laws that states had on their books. Justice Scalia voted in favor with a 5-4 vote to allow states to enforce consumer protection laws, even though his written opinion was based on an interpretation of what "visitorial powers" of a federal regulator were, and not about the importance of fair lending in the proper functioning of the American economy. Justices Roberts, Alito, Kennedy and Thomas voted against....

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Ann Lee a former investment banker and now adjunct Professor at New York University, gives us facts that show the smaller banks that lend to small and medium sized businesses in the country are being closed by the FDIC. According to ADP small business that employs between 1 to 49 people, accounts for 48 million jobs, those between 50 and 499 employees account for 42 million jobs, and large business for only 17 million jobs. Without access to capital these small and medium sized businesses will continue to layoff employees, creating a vicious cycle of falling credit and demand. According to Automatic Data Processing's August employment report large business shed 60,000 jobs, medium sized business 116,000 jobs and small businesses shed 122,000 jobs. These smaller banks says Lee have done most of the lending to small and medium sized businesses. And overall lending has dropped from pre-crisis levels. Treasury's Capital Purchase Monthly Lending Report shows that banks that received government money actually reduced loan balance by $54 billion. According to reports issued by major credit rating agencies $700 billion of asset backed securities were underwitten in 2007. In 2009 only $10 billion was issued. This has a significant impact in every area. Banks have no incentive to lend with all the bad nonperforming loans on their books. They only hope that over time renegotiated loan terms would enable to recover these loans. But this might take a decade says Lee, if this is similiar to other crises like the one in Japan. She says what the banks do to make money is to borrow virtually unlimited amounts from the Fed at near zero rates and earn money from the spread when they lend to the Treasury. Does our current banking system make sense she asks. Banks are not investing in economic activity, in real products and services,but engaged in agovernment backed shell game that enriches bankers at the expense of everyone else. She says that the banking lobby may prevail in preventing the nationalization of the banking system, but this will not prevent questions about the status quo and its assumptions from arising if the recovery and regulatory reforms fail. ...

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The revised AIG rescue plan helps banks recover some of their losses on collateralized debt obligations and helps AIG by cancelling the credit default swaps it wrote on these CDO's, and thus helps shore up the financial system. This is what happened. During the boom period banks bought protection from the insurer AIG on securities backed by now-troubled mortgage assets. These securities are called CDO's or collateralized debt obligations backed by subprime mortgage bonds, commercial mortgage loans and other assets. Banks in the US, and Europe bought credit default swaps on these securities from AIG, and AIG promises to compensate them if the securites default. Now with the housing and the credit crisis the values of these CDO's plummet, banks go to AIG and AIG has to provide them collateral to help cover these losses of the banks. AIG ends up giving $35 billion in collateral to the banks including Goldman, Merrill, UBS, Deutsche Bank and others. The continuing fall in value of the CDO's meant AIG had to give more and more collateral to the banks leaving AIG severly exposed, which is along with other problems on its accounting books when the government stepped in in early October to bailout AIG with loans, with interest rates that became punitive for AIG leaving it in a struggling condition. What does the new revised plan do. It eases conditions on the interest rates and the New York Fed puts $30 billion of its money to buy the multisector CDO's at market prices averaging 50 cents to the dollar and AIG provides an additional $5 billion. With than one action banks get to recover their $35 billion and AIG gets to cancell its credit default swaps on these CDO's, in effect freeing AIG from thses swaps that were creating a hemorrhaging effect as it had to keep posting more and more collateral to banks, and banks got to recover the money on CDO's. In effect helping shore up the financial system. There are other problems at AIG but this was the biggest and most draining, and it helps AIG protect its other businesses, and banks get to put this dismal chapter behind them. ...

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Few people outside France may know that Charles de Gaulle's son served in the French Navy, served in World War II, and was a naval commander. He also took part in battles in Indochina then a French colony and was promoted to commander of French Atlantic fleet in 1970's. Admiral De Gaulle recalls his father in his books as "cool and distant," and De Gaulle himself told his son that it would never be easy to be the son of a famous father. Even in 2005 Charles De Gaulle was seen in a poll as the leading figure in French history. Napoleon finished 16th, and scientist Louis Pasteur was among  top leading French figures. De Gaulle rescued France again in the post war governments and set up the strong central authority of the President of the Republic in the 1960's, modernized French agriculture, rebuilt its infrastructure, in the post war period. Presidents Pompidou, Giscard d'Estaing and Chirac who followed him were connected to his party and modernized France. ...

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At the height of the Eurozone crisis in December 2011, David Brooks points out that it is important not to forget what the Germans are saying in this crisis. They are arguing for truth in accounting, which the government in Greece failed to do, and which may have more to do with negative opinion in the media and with the public in Germany about Greece than any other factor. They are arguing against speculative excesses that enabled Greece to borrow recklessly. And they are making the argument that the only way to put the finances of the eurozone on a sound basis is to have the financial discipline that is necessary for a sound currency. Anthony Faiola pointed out recently that one estimate for tax evasion in Italy is $340 billion a year- Washington Post, 11/25/2011. Greece has a similiar problem, which needs to be addressed. This view has credibility and the backing of every principle of sound financial practices, irrespective of country or region. For ordinary Germans who have gone through years of wage restraint during the period of high unemployment, their attitude is captured in one German workers response to Greece's situation - when she said there are "poor children in Germany also." Years after reunification were a difficult experience for Germany, and left parts of the country still affected by the experience. The period of high unemployment is still a fresh memory, as the economic recovery is fairly recent. There is a feeling that the situation is precarious, depending on exports, as the 2009 downturn showed. These facts remain even when one considers the criticism levelled at Germany. Germany benefitted from the bubble in the economies of Southern Europe through surging exports- from a currency that was undervalued in relation to neighbors- because of the common currency. German banks lent heavily to Greece, Ireland, Italy, Spain, and Portugal, along with French and British banks, and bear responsibility for reckless lending and not doing due diligence for loans to Greece and other countries. Germany also carries the burden of memories of hyperinflation in the 1920's, and the sense along with France that partnership is necessary for peace in Europe. Germany's position on austerity measures also has one underlying weakness - if this leads to shrinking economies in southern Europe in the name of fianncial discipline, then the plan fails as tax revenues decline and budget deficits increase. Given this experience Germany faces the challenge of convincing neighbors of the need for good governance and sound spending practices for long term stability of the currency, even as it leads the effort for providing short term funding. In the short run this reaps criticism for Germany, including criticism for some members such as Greece having to leave the euro as a way to regain competitiveness and growth. Experts have suggested that this would be a better option for Greece than a shrinking economy after strong austerity measures, and the referendum proposed by former prime minister Papandreou on strict austerity measures is likely to have gone in this direction. ...

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Sheila Bair, former head of the FDIC, says householders, business leaders, politicians and government leaders are all prone to looking at the short term, and refuse to make the short term sacrifices necessary to put the economy on a trajectory of long term growth. There is also a sense of short sightedness and resistance to any regulatory steps that would actually create a better framework for the financial industry for longer term growth. The financial industry opposes increases in capital requirements for reserves that would lead to a healthier balance sheet for the industry, and opposes any efforts to create amore stable financial system for the country that might sacrifice short term profits. She points to IBG-YBG sense that prevailed in the industry, I be gone- you be gone, leading to the mortgage crisis. The industry tolerated faulty ratings, faulty packaging of securities, and showed complete lack of attention to the long term consequences of such behaviour and excessive leveraging, as long as the short term profits could be made. To a large degree the situation remains the same today, says Bair. Bair and Feldstein were among the first to suggest the Obama administration tackle the huge number of bad mortgages, that were leading to a wave of foreclosures. Only if this problem was tackled head on could this be put behind and the economy be put on a path to steady growth. As it stands today the Obama administration has not tackled the problem, the financial industry still has bad mortgage debt on its books, foreclosures continue, housing prices face further declines, and this will hold back an economic recovery. She refers to the "rationalization" of the last crisis by leaders in the financial industry through the assertion that nobody saw the crisis coming, when she says some of us did see it coming, and a "rationalization" by the same leaders in saying they did nothing wrong. Bair says that the continuation of business practices that led to the financial crisis of 2008 create risks for a new crisis. And some people in government continue to support these same practices while claiming popular support. The President's focus every two years is on getting re-elected and raising funds for re-election, business is focussed on the short term, and this creates a pervasive sense of the short-term throughout out the system and society. ...

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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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Michael Boskin of Stanford University, chairman of the Council of Economic Advisors under the elder Bush, on the risks of protectionism and higher taxes to the economy in the long run, and the need for the Fed to balance the need for providing help with rate cut with the need to keep inflation at low levels. He suggests workouts of the losses from subprime mortgages not bailouts is the correct answer. P.S. A note on December 6, 2008, after the crisis with Bear Stearns in early 2008, and the severe October credit crisis and a series of bailouts of banks, financial institutions and the Detroit auto industry. If one looks for the thinking that was behind the Republican Bush administration's early stand to take no proactive steps to improve things in the economy, then Boskin's article summarizes some of the thinking behind it. Lowering rates at the time except gradually,after the Greenspan moves in preceding years to lower rates and let them stay that way too long (leaving too much liquidity and loose lending in the financial markets), was not to be taken lightly with additional concerns of pushing inflation upwards. And Boskin way underestimated the losses from subprime in December 2007 when he used the estimate of $300 billion investor losses centred in real estate made by the OECD at the time, or as he puts it just one-half of 1% of American's net worth. Concluding that in a $14 trillion economy such losses could be absorbed. He anticipated delays in financing and the need to mitigate that but did not anticipate a collapse of credit markets. Part of this may stem from not realizing the impact of highly leveraged debt on the books of financial institutions and what it could do if fear gripped the financial markets, and underestimating the impact of subprime debt with mortgage securities that had no transparency and distorted credit ratings. Which is why he says that policy should be for workouts not bailouts, emphasizing that the worst idea out there is for a broad interest rate freeze for mortgage borrowers which would throw into question the sanctity of private contracts and thus deter investment. This policy of resisting loan modifications continued as policy of the Bush administration even as Martin Feldstein, another Harvard economist and Reagan administration economic advisor, advocated just that from early 2008 with repeated oped articles in the WSJ throughout the rest of the year....

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Frank Rich on the lobbyists influence on Congress and the Obama administration at top levels. And the efforts by lobbyists to kill any efforts at reform. He details the activities of lobbyists working with the Obama adminsitraion. President Obama risks losing his opportunity for change and with it his credibility as a change advocate. A series of Washington Post articles have detailed the activities of lobbyists in high places that threaten to gut most of the President's reform proposals. Rich points out that it is not clear whether the ostentatious daily activities at a meeting place the Ristorante Tosca is abad omen for the lobbyists or also for the Obama adminsitration or for both. This opinion piece was listed No 1 in the Most popular articles on October 4, 2009, which says the public is listening and watching.

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Possible downgrade of France's major banks after the credit rating downgrade for France on Jan. 13, 2012.