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After many banks and financial companies did not admit wrongdoing in the last two decades even after huge losses to families and working class communities from financial activities, the SEC may finally be asking the right questions after president Biden's democracy summit. Democracy can be damaged as much from inside by impunity for wrongdoing as it is from outside by failed states and authoritarian states. President Biden's initiative in getting together countries was to think of new initiatives as the lessons for democracy have to be relearned by every new generation anew.  The appointment of Mr. Gurbir Grewal can only be seen in this light as Mr. Biden's initiative for democratic processes that work for families and American workers. Gurbir Grewal who takes the top job of making the correction America needs is straightforward about malefactors in finance and banking- "We can't arrest them. We can get them out of the industry." Gurbir Grewal is the the new director of the SEC's enforcement program after serving in difficult jobs in New Jersey and NY state, first as prosecutor and then as Attorney General of New Jersey.  Democracy can be shattered as much by hate crimes as by financial crimes. Either way families and working class families in the US are affected, as are minorities and the less well off sections of the community affecting the credibility of the commitment of the well off to honest governance and to fairness. This credibility was severely damaged in the 2009 financial crisis and the situation continues to this day. To understand first hand by being in the shoes of families and workers, minorities and the less well off, gives Gurbir Grewal the courage to take on this job. He told the New York City Bar Association that Americans have grown cynical about how business and government agencies interact- "the perception that we, the regulators, are failing to hold them appropriately accountable, or worse still, the belief by some that there are two sets of rules."  Mr. Biden can see that if anything can make democratic processes lose even more credibility with the people is when new administrations fail to act. Mr. Obama and particularly Mr. Trump raised the issue of revolving door between government agencies and the finance industries, more recently Tech, yet strong action on wrongdoing was missing leading to a loss of faith in democratic processes working for families and workers in the US. The result is weakening the fabric of society from within just as mounting national security challenges grow for the US from outside in in its industrial competitiveness, and its technological leadership, something that affects all Americans and America's allies overseas in Asia, Africa and Latin America.   ...

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The situation in Ireland for the tax paying public is similiar to the situation in the US, as Peter Coy points out. Ireland has guaranteed the debts of its banks, but in doing so it has assumed a huge burden. The costs relative to Ireland's small economy for a single bank, the Anglo Irish Bank, would amount to $3 trillion if this was done on a comparable basis in the US, says Coy. In the US 1 in 5 homeowners are under water, and the Bush and Obama plans have done little to make principal reductions; the most they have achieved say experts is reduce the interest. The Foreclosure Prevention Working Group, an organization of states' attorneys general, says the large majority of mortgage modifications raised and not reduced the amount owed by homeowners. As Carmen Reinhart points out, if the government assumes private debt, it should do so at a realistic price, and this means haircuts. So far this has not happened. In the case of AIG, the government assumed all the debts, fully insuring AIG bondholders from losses. If the government is going to take up the problem of the homeowners under water, private debt holders are going to have to take haircuts. Bad lending would be encouraged if creditors know that they will be protected in the future. Policymakers may have waited too long because its equally irresponsible to gurantee payment of debts 100% as it is to do what has happened so far, which was to say the principal reductions would encourage borrowers to borrow recklessly. ...

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Strong criticism from Attorney General Luisa Ortega, and dissension inside the government, led to the Supreme Court retracting parts of its decision to nullify the powers of the legislature. Ortega called the move "a rupture of the constitutional order." Most of the judges are appointed on the court by the Maduro government. Strong criticism by the OAS calling it a "self inflicted coup", by other governments in Latin America, also led to retracting parts of the decision by the Supreme Court. Nicholas Maduro succeeded Mr. Chavez who was the democratically elected president of Venezuela from 1999 to 2013. Maduro narrowly won the election in 2013 by a margin of about 1.5% over Henrique Capriles. In 2015 in National Assembly elections the opposition parties won a majority in the National Assembly. Protests against the Maduro government were followed by a recall attempt in 2016 which was suppressed. Inflation and economic conditions in Venezuela worsened under Maduro with the collapse of oil prices. The devaluation of the currency, high inflation and shortages of basic goods have led to widespread protests. As the situation worsened the Supreme Court in support of the government gradually chipped away at the powers of the National Assembly since 2016, leading to the situation in April 2016 with  the effort to strip the Assembly of all powers and remove the immunity from prosecution of legislators. Maduro is a former bus driver for the city of Caracas bus system, and a trade unionist. He was part of the movement supporting Chavez release after a coup attempt, foreign minister 2006-2013, and appointed Chavez successor in 2012.  Max Fisher and Amanda Taub of the NYT go on to discuss the writings of political scientists, including Dutch expert Cas Mudde, who pointed out that populism often starts its climb because established institutions and elites have become unresponsive to pubic needs. Yet the replacement is with what starts out as an effort to bring fairness- yet ends up creating another elite, suppressing opposition, and creating a new set of problems, even threatening the institutional framework of democracy such as elected assembly as happened last week in Venezuela.  In Venezuela the Chavez populist movement was initially intended to reduce corruption in the court system, the established parties control over media, and ensure oil revenues were used to provide services to poor regions and neighborhoods.  In the process over two decades it introduced a system that set up a Bolivarist class of its own based on socialist goals, failed to integrate the economy into the global economy for modernization, and created an overdependence on oil revenues that hurt the country when prices dropped sharply. High inflation, corruption, shortages of basic goods, and an economy slipping behind neighboring countries in Latin America, are the result by 2017. Seeing the situation in Venezuela in the context of current populist trends in the U.S. and Europe may be a stretch because the situation in Venezuela is unique to Latin America in some ways and is from an earlier period. High inflation, collapsing economy, debt problems and mismanagement of the economy, devaluation of currency, are problems faced by Brazil, Argentina, and other countries in Latin America, happening under conservative as well as populist governments since the 1960's. It is different in two respects, the disconnect with the global economy that prevents modernization, and the trend towards authoritarianism, as seen in Venezuela.     ...

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DJT deportation sweep in Chicago. DJT's model is Operation Wetback deportation of Eisenhower administration in 1954 after the Truman administration had appointed a commission in 1952 to investigate the issues from large scale illegal migration. Truman appointed the commission as he objected to racial quotas against Asians. The US Congress passed the Immigration and Nationality Act of 1952, vetoed by Truman, the veto was overridden in the US Congress.  Operation Wetback of Eisenhower in 1954, conducted by Lt. Gen. Joseph Swing, and Attorney General Herbert Brownell, returned about 1.2 million migrants from Mexico who had crossed the US Border back to Mexico by ship or by road into the interior of Mexico. From 1942 for each year the immigration enforcement increased from 12000 in 1942 to 727,000 in 1952, the last year of the Truman administration. This is a pattern similar to what was seen in 2014-2024 under Obama-Trump-Biden. ...

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The U.S. Justice Department files a civil lawsuit accusing S&P and parent company McGraw Hill of giving improper ratings to poor mortgage investments which allowed them to inflate in value, creating the conditions for a crash in these investments when the crisis happened in 2008. The penalty sought by the Justice Department and the attorney generals for 16 states is $5 billion to cover losses to investors such as state pension funds and federally insured banks and credit unions. The civil suit comes 5 years after the onset of the financial crisis of 2008, which created the greatest financial crisis since the 1930's. Negotiations for a settlement were conducted by the Justice Department with McGraw Hill for an extended period of time. The talks broke down in January 2013. In these negotiations the Justice Department sought a penalty of over $1 billion and S&P's acceptance of wrongdoing. S&P countered with a proposed settlement of $100 million. The government pushed for admission of guilt on at least one count of fraud. It is not known why the Justice Department filed this lawsuit 5 years after the crisis when the public's memory of the ratings issue is beginning to fade. Is it because the preparation of the case required this much time, the action not taken because it would be seen as punitive in 2011 when S&P downgraded the U.S. sovereign credit rating, the fragility of the economy in 2011, because of the approaching election in 2012, or some other reason. One of the reasons why it was important to take corrective action early was to preserve the integrity and credibility of financial markets, so critical for public confidence. An additional reason was to secure from credit ratings companies the internal reforms and change in leadership and culture that would prevent recurrence and damage to the economy. An example of this change is the change in leadership and culture underway at Barclays bank in Britain after the investigation into the manipulation of the London Interbank Offered Rate or LIBOR. The Justice Department action in this respect is an advance from the policy at the S.E.C., which has not insisted that companies involved in the crisis admit wrongdoing, setting up the process for changes in leadership and culture such as the one at Barclays....

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The New York Attorney General Andrew Cuomo filed a civil fraud lawsuit against Ernst & Young LLP. Cuomo wrote in the complaint that "Ernst & Young substantially assisted Lehman Brothers, now bankrupt, to engage in a massive accounting fraud." The suit says Ernst & Young ignored warnigs from Lehman employees and from its own staff about the improper transactions. Lehman shifted $50 billion in assets off its balance sheet to foreign banks at critical financial reporting periods with a promise to buy back the securities at a premium price a few days later. With the cash held in the meantime, Lehman would pay down other debts, appearing to have less debt and give investors a better impression about the firm's financial condition than was really the case. Lehman and Bear Stearns were the most highly leveraged investment banks during the financial crisis of 2008. The unraveling of Lehman led to cracks in the world financial system because of interrelationships in the banking system. By taking this action the New York Attorney General's office is taking an important step to prevent the recurrence of such systemic crises from buildup of excessive leverage in the financial system....