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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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Germany is going through a second year of slight economic contraction. The newly elected government of chancellor Merz has setup a $1 trillion fund to invest in infrastructure and defense. This will increase the debt to GDP ratio from 62% much lower than other advanced economies to 75%, and could give the German economy a rebound with $500 billion for fixing aging infrastructure. Germany's unemployment rate stands at 6.3% in March 2025. The economy weathered a energy crisis with the cutoff of energy supplies from Russia during the term of chancellor Scholz. Infrastructure, child care, was neglected under Merkel and previous administrations as it was in the US under Clinton, Bush and Obama administrations. The 2009 financial crisis, the eurozone debt crisis and the pandemic, Ukraine crisis from 2009 to 2024 have provided headwinds for action to renew Germany till now. A $1 trillion new fund and removal of the constitutional brake under the newly elected parliamentary majority of the CSU/CDU, the SPD and the Greens is the first step with $500 billion earmarked for fixing aging infrastructure, digitization of the economy, and other investment. The unemployment situation is deteriorating in the auto industry which was poorly managed and is now being hit with US tariffs of 25% on imported cars made by BMW, Mercedes and VW. ...

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The current economic expansion in the U.S. in April 2014 is at 58 months from the beginning of recovery in 2009. In this exceptional account Josh Zombrun of WSJ compares the current expansion to previous expansions since 1950, with the views of experts such as Stan Hall of the NBER committee, which studies turning points. This expansion is forecast to go for 90 months into 2016 by the U.S. Federal Reserve, and 102 months into 2017 by the CBO. Sooner or later, says Stan Hall, some adverse unpredictable event takes place that ends the expansion. So far the expansion has been slow and protracted, as predicted by economists Reinhart and Rogoff from previous financial crises in the last century, giving it room to grow as corporate earnings continue to improve. Fed chairwoman's sense of slack in the economy also provides room for employment and incomes to grow in the later stages of the expansion. This is good news for the emerging market economies such as India and China, and for the European Union, faced with slowing growth. So how does this expansion compare with earlier ones. The expansion of the 1991-2001 of the tech boom was 120 months, 1961-1969 of the Sixties 106 months, 1982-1990 of the Reagan era 92 months. The controversial one on shaky foundations is the recent housing boom 2001-2007 of 73 months ending in a huge bust with the 2008 financial crisis. The shorter expansions are the 1975-1980 Post-Vietnam one for 58 months, and the 1970-1973 spurt before the OPEC price surge. Figures are from the NBER, CBO and the Federal Reserve's Summary of Economic Projections....

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Nouriel Roubini on what the Fed needs to do in the closing months of 2009 and in 2010, especially for the exit strategy on the massive monetary easing of 2009, supervising banks and financial institutions and requiring adequate capital at banks to cover crisis needs. See the actions by the FSA in Britian to require larger capital cushions for banks.

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In the most recent Global Financial Stability Report out in Sept. 2011, the increase in the ratio of a country's outstanding credit to GDP is highlighted as a key warning light indicator for country economies. An increase in this ratio of over 5% signals a warning light according to the IMF. It tells us that borrowing is expanding at significantly faster rate than the growth of the economy. Using this indicator would have set a warning light up for the U.S. before the 2008 mortgage crisis, and a warning light well before the financial crises in Greece, Portugal and Ireland. The outstanding credit to GDP ratio went up for China by 24 percentage points in 2009, with 4% percentage point increase in 2010. The ratio was up 30 percentage points in Hong Kong for 2010. The warning light is also up for Turkey and Vietnam. Capital inflows into countries that can be suddenly reversed, and overvalued currencies are a danger for emerging market countries and act as supplemental indicator warning lights. Brazil and South Africa have overvalued currencies. Turkey has high capital inflows. Only a small portion of this is foreign direct investment, the rest helps support a high amount of lending and credit provided by the banks. That a significant portion of this is in short term borrowing poses additional risks, as evident in the 1997 Asian financal crisis for S. Korea, Thailand and Malaysia....

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Trust in government in the US was highest under FDR, Truman, Eisenhower and LBJ, right upto the escalation of the Vietnam War and remained above 70 percent. It changed in the seventies and hit new lows ever since to the 40% level since the 1980's through the Reagan, Bush, Clinton administrations. The 2009 financial crisis caused by banks led to a drop to 16%. It dropped to 20% under Obama and Trump administrations. By 2023 it remains at about 20%. Graphs in Pew Research show how it has changed over time.

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President Biden's action to protect consumers when there is a run on the banks such as SVB bank, Signature, Republic bank in the US. And the coordinated action with European central banks and European governments that protect the international banking system because of the interconnections between US and European banks and risks of contagion from one region to another. Janet Yellen at Treasury and the FDIC, Federal Reserve, Swiss central banks worked together on Credit Suisse and other banks affected by the collapse of Silicon Valley Bank and Signature bank. The Federal Reserve bank of San Francisco supervised SVB bank and flagged the problems of it not being able to sustain itself in a crisis with enough cash on hand. Congress under president Trump removed banks under $250 billion in assets from supervision which made it difficult for the San Francisco Fed to take the problem of SVB to the next level or to be able under the law passed during the 2009 financial crisis to regulate SVB and impose the Fed's requirements. A problem exists  of lobbying by banks for less regulation and the influence exerted on the US government and even the Fed. Spreading of ideas that a culture of laissez fairre or little regulation works well for the banking system contrary to evidence from the 2009 financial crisis and the mismanagement of banks such as Credit Suisse, Goldman Sachs, with frequent or egregious behaviour leading to settlements with the government. All it takes is the failure of one significant bank even if it is not a large bank, and the spiralling effects on banks with weakness of some kind for a crisis of confidence in the banking system. The role of lobbying by SVB bank and its CEO's appointment to the board of San Francisco Fed is seen as part of this self serving culture. ...

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Claire Cain Miller of NYT looks at how Americans feel about the economy. It is shaped mainly by the cost of living crisis. Over half of Americans feel housing is unaffordable. And most Americans see prices as way too high at retail stores, for food and clothing, and do not see that president Biden has helped increase their wages through his support for the labor movement. Another aspect of this is that even though Biden has brought changes in wages and reduced inflation to 2-3% from 10%, the American people are feeling the effects of three decades of neglect of infrastructure, public services, and manufacturing under prevailing free market economic theory; that caused the disruption in living standards with the 2009 financial crisis, and the shift of manufacturing to China that devastated whole communities.

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The Washington Post's Lillian Cunningham interviews Christine Lagarde, head of the IMF, in April 2014. In this exceptional interview Lagarde talks about her personal life experiences that have given her new strength to tackle the difficult jobs as finance minister of France and head of the IMF, during a period of turmoil at the organization, and the global financial crises of 2009 followed by the eurozone financial crisis. No other woman in recent times has faced a series of crises of this magnitude and tackled them with such fortitude, exceptional insight, and ability to stand up for what she believes is the right course of action. She says she has seen many instances where women are given jobs which are tough and expected to sort out a mess or revitalize an organization. Her own approach she describes here emerged from personal anguish of losing her father to a debilitating illness at a young age as the eldest in her family, and remembering her dad's advice to stand up for what she believed, to face a tough situation and come out stronger. Lagarde's view on leadership is that it is about getting people excited about the purpose of an organization. Just as every human being has a purpose in life, so organizations with people working together develop a joint purpose, and the job of a leader is to enable people to get them to achieve that purpose....

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Ownership of stocks is more evenly spread out in the US population by 2023. During the pandemic younger people invested in stocks. WSJ graph of percentile of income and stock ownership shows  20-40th percentile of income households moving from 30% of households owning stocks to 40%, and 40-50th percentile of income households moving from 50% of households owning stocks to 60%. This means people in the middle incomes have built more household wealth  sharing in US stock gains of 16% in 2020, 27% in 2021, dropped 19% in 2022 and gained 24% in 2023. Recovery from the effects of free market policy experiments after Reagan that led to the 2009 financial crisis and shipping of factories overseas were met with a reverse response bringing factories home under Trump and Biden. Wage gains happened under Biden 2020-2024, and a Biden $1 trillion dollar infrastructure renovation adds to jobs and demand. Wealth in homes for US households increased on average from a low of 225,000 6 years after the financial crisis of 2009 to about $325,000 by 2022. This is part of a general recovery for the American people after the shocks of free market experiments with inadequate regulation and oversight by the government, and the neglect of manufacturing and communities dependent on manufacturing for employment and income with its uplifting of services sector that comes with it, the taxes that pay for public services also enhances community wellbeing through libraries, wellbeing, transport and other public services. ...

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Seib draws parallels between the situation in 1889 with the large immigration, growing inequality, impact of science and technology, and progressive parts of the two main political parties. Teddy Roosevelt and Woodrow Wilson pulled together progressives in the Republican and Democratic parties in the next two decades, and FDR-Truman continued progressive policies in the nineteen thirties and forties to tackle the Depression and promote economic recovery. Financial crises are not mentioned by Seib. The recurring financial crises since that period led to the creation of the central bank, the U.S. Federal Reserve and financial regulations for banks. The financial crises with asset bubbles in 2000 for tech and bubble in real estate in 2009, resulted from the lifting of financial regulation and lack of close supervision of financial markets.

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France and Germany support the EU coronavirus rescue package of 750 billion euros with 500 billion euros in grants to struggling businesses. Four countries- Austria, Sweden, Denmark and Netherlands- which supported the austerity policies that hurt working families in Europe for a decade after the financial crisis of 2009, do not support grants and instead call for loans to be made. This time Germany has swung over to the French side and southern European countries such as Italy and Spain that suffered badly from the virus. Without solidarity in such a situation the EU concept becomes meaningless and Merkel says these countries that oppose common borrowing do not understand the gravity of the crisis facing Europe's economies after the virus. 

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This report in the WSJ shows American households are acting prudently by building up savings of $1.6 trillion, according to the Federal Reserve Bank of New York. As much of these savings are not distributed evenly across the population, and coming back from a period after the 2009 financial crisis when savings in the lower classes had dropped to alarming levels, this saving is good for the future of the American people by building a path to sustained growth for the long term. Readers responses to this report show their dismay at calling savings hoarding, dismay at the idea that saving 3-6 months of expenses would be considered prudent when 1-2 years would be a minimum  and 2-3 years desirable would be considered decent protection in times like the last 2 decades of manmade disasters (shipping out American manufacturing, 2009 financial crisis) or nature driven disasters (the pandemic). For the Biden administration the saving also provides hope that the mistakes of the last two decades and the 2009 period can be avoided. By targeting the $1 trillion in infrastructure spending plan to projects that build synergy throughout the economy and generate more growth for every dollar spent in a long term Renewal America project. Recent WSJ reports show this is happening. The $2 trillion Families and Workers Plan works in a similar way to bring hope in improving the quality of life in America through children's education, childcare, paid leave, health care, affordable housing, climate change investments. The public in America is showing equal prudence by aligning the savings to this approach to set America on a path of long term renewal and development that could be sustained to 2030 or 2035. This will also enable the investments needed to build America's role in the world and help its partners in Europe, Asia, Latin America and Africa take the same approach for sustained and balanced growth into the next decade.  ...

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About 41% of Americans have no money invested in the stock market. Frugal savers are now paying off home mortgages and using the savings to reduce debt.  As interest rates rise saving at banks with CD's has the prospect of becoming a viable option, which was taken away by the policies of central banks during financial crises of such as in 2009 of cutting interest rates to zero. The US returns to the more normal environment for savings growth and interest income that prevailed during the period after the 1950's.

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Krugman points out the gains on three fronts evident from the Census Bureau report of 5.2% gain in median income of households in the U.S. He says the first is the growth in incomes of ordinary working class and middle class families, second the large decline in the poverty rate, and third the further rise in insurance coverage in 2015 for people without health insurance. He points to the steady efforts of the Obama administration to improve lives of ordinary families as working based on the Census report though results have taken time, and could have been better. The Stimulus, says Krugman could have been larger following the blow of the 2009 financial crisis and increased unemployment at the time. Janet Yellen at the inequality conference of the Boston Fed in 2014 pointed out the problems of 62 million households having net worth of about $10,000, and why this was running against the American idea of a better life for all Americans. In that sense the Census report is a movement in the right direction but a lot remains to be done.   ...

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Issues of inequality and lack of upward mobility came up in the last presidential election. A Federal Reserve Survey for 2018 shows the financial fragility facing many Americans. One quarter of working individuals say they do not have any retirement savings. About 17% of households say they cannot pay all their monthly bills. About 40% of Americans say they do not have enough cash to cover an unexpected $400 expense, and would have to rely on credit cards balances or loans from family to make the payment. This survey by the Federal Reserve is done each year since 2013, after the financial crisis hit in 2009 it became more important. Still Americans are showing unusual resilience and upbeat spirit. About 75% say they were doing Ok or living comfortably up from 63% in 2013. And two out of three described lovcal economic conditions as "good" or "excellent."  This shows that the financial vulnerability resulting in the loss of jobs in the U.S. both from jobs lost in manufacturing going overseas,  jobs lost through automation or industrial decline in some sectors, and the hit from job loss during the financial crisis and its aftermath years of 2009-2014 is still leaving a lot of families financially vulnerable. Low interest rates and stagnant wages also meant savings growth for ordinary Americans was less than it should be in a healthy economy without booms and busts. This is also the environment in which the U.S. is tackling challenges to its technological leadership in 5G following a decline in sectors such as autos and electronics, with job losses to Japan and South Korea. New trade agreements are focussed on correcting the imbalance, first with Mexico, South Korea, and now with China. Focus is also on fair wages and labour overseas to raise American wages in key sectors. The damage done by a low interest rate to savings of ordinary Americans outside the stock markets is also being seen as a downside in the boom bust cycle, that includes loss of jobs for vulnerable American families. The rise of the tech sectors has diluted the traditional protections of working class Americans with the shifts and realignment of the major parties. ...

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This Guardian Editorial says the whistleblower revelations of Uber tell the story of political class drunk on Silicon Valley's hype of Kool-Aid, and that went along for the ride. Government officials including Mr. Macron are cited as desperate for growth after the 2009 financial crisis and offering a sympathetic year to a huge lobbying effort that was beyond scrutiny of any sort and violated both common sense and decent behaviour. Language such as the phrase violence guarantees success typify a lot of what has happened and trouble us today. And the way it has crept into business behaviour with the public unaware fully of what has happened and what ails economies and society today.

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One of the failures of presidents who preceded Mr. Biden, was to let the revolving door policy of letting private sector executives to join government and set rules that favored the companies they had connections with. This made it harder to tackle the problems of the 2009 global financial crisis triggered by corporate overleveraging and shoddy mortgages. It also left workers and families unprotected, failed to invest in rebuilding American infrastructure, and did not do enough for the middle class. The result was a recovery that failed workers and families- a challenge left for Mr. Biden to tackle and requiring vigilance to avoid missteps such as this one of letting banks and  large corporations write the rules they must follow.

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The debt brake put into the German Constitution by Angela Merkel's government in 2009 to limit the structural budget deficit to 0.35% of GDP during the 2009 financial crisis caused by poor banking behaviour, and in the 2015 eurozone debt crisis with overborrowing by Greece and Spain, is no longer relevant in 2024. It can be said that Merkel made some mistakes- not investing in digitization, in infrastructure and making the German economy dependent on low cost oil and gas from Russia. Putting the debt brake in the German Constitution and setting it at 0.35% of GDP except in emergencies adds to these mistakes, because it deprives policymakers and government of the minimum needed flexibility to meet changing situations in the interests of the German people.    It means there is no money to invest in the country's future, no money for infrastructure even when it is old and crumbling for roads, bridges rail stations and airports, no money for digitization of the economy in which Germany has fallen behind, not enough for defense, and no money to fund needs in education, healthcare, childcare. And not enough money to invest in climate change action. Absent this investment the German economy falls behind, jobs become precarious and public dissatisfaction leads to volatile political situation. ...

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A 35% rise against the dollar of the Brazilian real and a rise of 80% of the Brazilian Bovespa index in 2009, following quickly after the global financial crisis, shows the big swings in emerging markets stock and currency values. Brazil is a big exporter of agricultural and mining commodities. Brazilian government is concerned about short term investors who are piling into investments there, but could pull out quickly in another crisis. The government imposed a 2% tax on foreign investments- designed to reduce currency volatility and discourage short term speculative investors. A slowdown in demand for commodities from China or other countries could quickly reverse this rise. And a rise of this proportion in so short a time, coming on the heels of a financial crisis, shows the nature of swings in the global economy that are of increasig concern today. In October 2008 Brazil's currency lost a third of its value compared to August 2008, and the Bovespa index fell by 50%. The central bank had to use its currency reserves to prevent a severe drop in the value of the real. Short term investors were pulling money out of the stock market resulting in dollar outflows, and many Brazilian companies that had bet against the dollar in currency derivative contracts suffered huge losses. The situation was similiar in Mexico. It shows the fragility of economies depending on commodities exports, and the lack of mechanisms to track these derivatives and to restrain speculative short term investors. ...

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A study by professors at Yale, University of Southern California, and UC Davis, (Geanakoplos, Magill, Quinzii) uses a MY ratio of persons 35-49 years in age to persons 25-34 years in age to predict stock market performance trend. This number is expected to rise in years 2018 to 2035 as more millenials come into an age when they need to start investing in the stock market. This kind of model would show a much better performance for the stock market and S&P 500 for the next decade than for the period 2000-2015, years of the financial crisis and recovery.  Part of the reason not mentioned here is the gradual completion of the recovery itself from the financial crisis and the controls put in place to prevent a recurrence of past mistakes in financial markets. Needs for infrastructure and defense spending, efforts to ensure more favorable trade relations, efforts to help the middle class, university students in future budgets to increase opportunity, would create more opportunities for equity price growth. ...

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Germany's kurzabeit or short work system avoids layoffs in a crisis. The Bundestag parliament in Germany quickly reintroduced it following the coronavirus. It provides subsidy to employers so that wages of upto 2500 euros can be paid to employees. The German parliament changed the requirement that makes it law fro a 30% of workers of a company being impacted by a crisis to 10%. About 2.3 million workers will benefit at a cost of 10 billion euros says this report in The Financial Times. The Federal labor office has a fund of $26 billion to which workers and employers contributed just for this purpose of safety net.  Workers get about 60% of their wages under this scheme while the crisis lasts. The last time it was used during the financial crisis of 2008-2009 1.3 million workers benefited from this scheme to prevent layoffs.  Germany with its strong vocational training system invests in worker training. The logical next step was to preserve this knowledge component of workers and avoid its loss through layoffs due to some crisis that is temporary and beyond the control of the company. Britain is adopting this idea this time with the British Treasury supporting  80% of lost wages upto 2500 pounds a month in the new economic aid package announced by the British government. Spain has a scheme under ERTE for 70% of wages to be paid as safety net. France has set aside 8.5 billion euros aid for assistance to workers in a similar scheme as safety net. ...

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BRICS is becoming an obsolete concept as Brazil, India and South Africa are essentially looking for ways in which they can increase opportunities for growth. It was a concept started by a Goldman Sachs investment banker Mr. O'Neill at a different time in 2010. The world has gone through the 2009 financial crisis, the pandemic, and the supply chain crisis with overconcentration of EU and US supply chain in China. These events are leading to a shift under the Biden administration to bring India  into the G7 into a new G8 that includes India. Only Russia, China and South Africa remain from the original BRICS. Russia because of the war in Ukraine now depends on Chinese support and trade. Brazil will gradually shift back to its position as part of the US alliance in Latin America with Mexico, Argentina and Chile. India with its plans for rapid growth to build the modern third largest economy by 2040 seeks supply chain integration with the US and EU in the position that China holds today.   ...

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Once a pioneer in X ray machines and jet engines General Electric fell into disrepute under Jack Welch when the company hid low earnings in industrial businesses by setting up its financial business. The 2009 financial crisis hit GE hard. Years of deleveraging followed after exit of the financial business. In 2018 it exited the Dow Jones Industrial Averages. Larry Culp of Danaher joined GE as new CEO of GE in 2018. He sold the healthcare business to Danaher for $21 billion. After about $100 billion in deleveraging the remaining company was split into two companies GE Aerospace led by Culp and GE Energy called GE Vernova a purpose built company led by Scott Strazik headquartered in Cambridge, Massachusetts. GE Vernova is focused on wind turbines and renewable energy, its purpose to accelerate the energy transition and advance sustainability. The new GE is itself a return to the old days when GE was a pioneer and powered America's industrial base, not the company of deindustrialization of Jack Welch of the 1980's Reagan and post Reagan period when investing in financial and speculative business made GE to lose its purpose and go astray. For Culp and others the realization of the failure of policies that deindustrialized America and shifted factories to China after Thatcher and Reagan was a lesson learned. It is now the story of an America on the move under president Biden. ...

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The U.S. Border Patrol apprehended 327,577 illegal immigrants crossing the U.S.-Mexico border in fiscal year 2011, ending Sept 30. This is a steep decline from the 1.6 million apprehended crossing the border in 2000. The numbers have been dropping since the 2009 financial crisis and high unemployment in construction and other trades employing migrants. The figures for 2011 suggest a drop of about 25% from 2010. Researchers at the Pew Hispanic Center, say the balance now is about zero for people entering the U.S. across the border from Mexico and people returning to Mexico. In fact there are stories of money being sent to migrant workers without jobs in the U.S. by families in Mexico, which has affected the flow of migrant workers.