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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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Mervy King, Governor of the Bank of England and his position on the recent mortgage crises, rate cuts , moral hazard in the UK economy. Debate about his standing on principle and having to take action anyway as the crisis deepens as at Northern Rock. His approach contrasted with Bernanke's approach to reduce the damage and still focus on inflation. The issues where a principled stand may not be educated enough in the interests of the whole economy, and all the people in society who may be damaged by a principled approach if a crisis has devastating effects on unemployment, investment and confidence; even though some of those who helped build the crisis are helped along the way. Is the idea of a bailout and moral hazard taken at the surface too simplistic in the modern world with the economic fate of all mankind intertwined with the US economy and the other industrialized and leading economies of the world. Is it impossible to punish a few without punishing the whole? Are their other ways those involved would be chastised such as the CEO's of financial institutions losing their jobs, companies losing their reputation, being disciplined as new CEO's like Pandit at Citigroup and Thain at Merrill Lynch provide new leadership? ...

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The S.E.C. and the Justice Department end two investigations into the actions of Goldman Sachs during the financial crisis.

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Shiller's ten year earnings P/E ratios for U.S. stocks are at about 24.5 in October 2013. By comparison Shiller adjusted 10 year P/E ratio for Greece is at 4, Italy and Spain at close to 10 and Germany at 15.6. The one year earnings P/E ratios in Oct 2013 are at 15.8 for U.S. stocks. Within the U.S. Shiller says, the sectors where P/E ratios are much lower than 24 are in healthcare and energy and industrials. Emerging markets are also much lower than 24 for the U.S., says Shiller.

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This story by Emmarie Huetteman describes the effort of three Republican women in the U.S. Senate who had the courage to listen to the different voices in their home state and use their informed judgement in deciding how to vote on a Republican healthcare bill or Affordable Care Act repeal effort. Especially when they heard that it would hurt people in their state, the elderly, low income and other vulnerable people without offering alternatives. Even when this meant resisting pressure from fellow Republicans. The senators are Capito of West Virginia, Collins of Maine, and Murkowski of Alaska. This is particularly significant at a time when too much polarization has led to paralysis in coming up with informed discussion and good solutions to problems. It is also significant that senators from the midwestern states such as Iowa- Mr Grassley, and Kansas- Mr. Moran, also joined the effort to listen first to people back home in their districts before making up their mind. 

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Henrik Bohme says in DW.com that the German government may have to step in to rescue Deutsche Bank after the $14 billion legal settlement with the U.S. Justice Department for the bank's practices before the financial crisis of 2008. He points out that there are other legal settlements that are expected, including one for money laundering charges. In all he says there are 7,800 legal challenges the bank faces. The share price has dropped by 90% to 10 euros by September 2016. The market capitalization is low at 14 billion euros, and it was dropped from the Eurostoxx 50 index because of this. It has 1.7 trillion in assets under management, is a systemically important bank, which means the German government has no alternative but to step in and rescue the bank. Issuing new shares with so many legal challenges is not an option as there would be few buyers.

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There is a price for a socialist state run society adopting capitalism without understanding it. Russia experienced this in the 1990's as the Soviet system collapsed and the capitalist system took its place by 1990 with flagrant abuses. Only to be stabilized in the Putin years till the war in Ukraine affected the Russian economy. China avoided this fate by continuing its accelerated path to industrialization till the 2009 financial crisis. But hidden in its seemingly successful modernization effort was the role of LGFV's and selling of land to support the LGFV's. Local governments did not take on debt themselves, they passed on the debt to Local Government Financing Vehicles LGFV's- about 8 trillion dollars of debt 80%-90% not serviceable for interest payments, zombie status requiring borrowing for annual spending.  Most city councils or mayors did not understand these vehicles were debt and some even asked "do we have to pay it back?" LGFV's were not understood by mayors and city councils brought up under a socialist state run economy. They used it to follow the central government in Beijing's orders to come up with projects to boost growth year after year to rates of growth of 10% in the 1990's and 2000's, heedless of the risks because they never really understood the capitalist system and its pitfalls.  As long as land could be sold there was some revenue for local governments and room for shifting $8 trillion in debt to other LGFV's. Once the construction industry collapsed and companies went bankrupt their were few buyers for land. The central government cannot take on some of this $8 trillion in debt. As a result China is now facing what the Russians faced - a crisis from lack of grasp of the severe pitfalls of capitalism when its risks are not understood for economies that were in the 20th century experiencing upheavals, wars and then socialist state run economies. What this means is that the Chinese economy will slow, has no choice but to slow down for the next decade to find solutions to this debt overhang over its economy and industrial plans. It also means China's support for Russia in the Ukraine conflict is also problematic for China's internal growth to meet the aspirations of its people. As long as the administration in the US continues to pursue its own economic policies for growth as Biden has done by investing in the American economy, it will have the opportunity to lead the free world and be able to hold out hope for aspirations of countries and regions such as India, Africa and Latin America. ...

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Joseph Rago, a member of the WSJ editorial board, reports from Exeter, New Hampshire, in the days before the Republican primary. Here he cites Ted Cruz's comments before crowds in Rye, Exeter, Hollis and Manchester, about how the Republican party is now under the control of lobbyists and special interests and does not represent the people. And Cruz's efforts to start a Reagan style grass roots movement that bypasses the establishment Republicans.

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Bob Herbert calls Obama's attention to afew simple facts- the jobless rate for men 16 years and over is 11.4%, for blacks 15.7%. About 35% of black children live in poverty and the number could soon reach 50%. Hepoints to the mood of the country where a crowd cheering Yankee win in Manhattan erupted to rhythmic chants of "Wall Street sucks." And he reminds us that the full extent of the carnage and costs of the twin wars has been kept hidden from the public. Visit one of the military medical centers and one sees the costs. And he cites Pennsylvania governor Ed Rendell saying in an interview that the people in the Pennsylvania National Guard have been in the wars two, three or four times, and are worn out. Where are we going to find more troops, he asks.

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Following the Wisconsin primary Ted Cruz plans his campaign to prepare for a contested convention. The strategy is to focus on California, and states such as Nebraska and Indiana, and on delegate selection, so that Trump has little chance of winning the required 1237 delegates on the first ballot at the Republican Convention. To do this Cruz plans to hire additional staff, and work at the local city and county level winning endorsements from local and state officials. A similiar process unfolded in the Wisconsin primary, with local Republican base support that was crucial to his win. The focus inside California is on Orange County, San Diego county, San Fernando Valley, rural agricultural Central Valley, Santa Barbara, San Luis Obispo his wife's home town. In the New York primary where he is behind Cruz is planning to win delegates in heavily Democratic Congressional districts, using ads by pro-Cruz super PAC Trusted Leadership, to add to his delegate count. Cruz is depending on mid-size donors with the help of Jeb Bush and previous backers of Senator Rubio, for additional fundraising to increase campaign efforts....

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Lack of individual accountability has been a defining feature of large U.S. Justice Department legal settlements with banks and other corporate entities since 2009. This WSJ editorial says establishing individual accountability where wrongdoing has happened is something it has consistently called for since 2009, especially as establishing this would reduce the unnecessary burden imposed on shareholders and employees who may have had nothing do to with the wrongdoing.

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David Stockman, director of the Office of Management and Budget under Reagan, is interviewed by Tom Keene. Stockman says the US has $52 trillion of debt on a $14.5 trillion economy, a ratio of 3.6 times GDP. Historically, before 1980, it has been around 1.6. This debtification of the US, he says, is the major problem facing the US today. Stockman sees little or no economic growth in the next 5 to 10 years, as debt reduction progresses.