LyrArc Article Gist
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....

LyrArc Article Gist
How 13% unemployment is affecting Lawrence, Massachusetts, with a heavy Latino population, heavier concentration of foreclosures and poorly managed finances, and high rate of unemployment that affects those with high school diplomas, and younger people. Unemployment nationwide is 7.3% among whites and 10.9% among Latinos. And places like Lawrence have a young and undereducated population, with the unemployment rate for teenagers at 21.6% and for those without a highschool diploma at 12.6%. Surprising as it may sound the town was going through a revival before this happened suddenly without warning. It was a fading industrial city 25 miles northwest of Boston. A new $110 million high school, three new grade schools, and a renovated city hall. And a developer refurbished several abandoned mills along the Merricmack River, and leased out 1.4 million square feet to some 200 companies employing 2000 workers.

LyrArc Article Gist
Even after receiving 5000 complaints over ayear and half about aggressive short selling that amounted to market manipulation, the SEC did not bring any enforcement cases, according to areport by the SEC's inspector general. Of the 5000 complaints between Jan 2007 and Jne 2008 only 123 were investigated, and no cases were brought.12.5% of emails alleging insider trading prompted an investigation. About 1.38 million emails were handled by 4 staffers, showing horrendous understaffing. In a written response SEC enforcement staff played down the likelihood of naked short selling abuses. It noted that alarge number of cases settle over time. The SEC staff said that the agency needed to "intelligently leverage" its resources and alarge number of complaints provide "no support for the allegations". Morgan Stanley, Citigroup and other frims came under extreme pressure from short selling, and short selling has led to near collapse of many firms during the crisis since the middle of 2008, so its strange that the SEC takes this position. But it is not surprising as in recent years enfocement has been lax, regulation has been neglected almost by design, and resources and staffing are severely short of needs for the SEC's mission to be performed with some degree of confidence....

LyrArc Article Gist
This is an interview with Columbia University economic historian Adam Tooze about the international trade and economic issues brought about by globalization. The rapid emergence of China in manufacturing and overcapacity in steel has led to action on steel tariffs by president Trump. Tooze is typical of opinion that sees action by Trump not as limited action to level the playing field  as proposed by Trade Representative for the U.S., Robert Lighthizer, but as reckless move on trade.  Lyrarc.com shows articles from the WSJ and NYT showing how opinion got to this point in the U.S., on Robert Lighthizer's views that the U.S. was not facing a level playing field, and  on how trade has hurt communities across the U.S. a long distance away from Silicon Valley. President Trump's views reflect a different perspective that says the U.S. has to balance the favorable situation obtained by China and the European Union through moves of its own to protect U.S. interests. Political commentary that the U.S. was starting a trade war is not supported by the facts showing China's response as muted and a willingness by China to negotiate a balanced trading relationship as its trade surplus with the U.S. continues to grow. The trade surplus is so large that the Trump moves do not tell the real story. They are likely to be overshadowed by the increasing value of the U.S. dollar leading to a continued favorable situation for Chinese exports and a larger trade surplus in 2018, regardless of Mr. Trump's action.  Trump's moves are more significant in other areas- limiting China's access to advanced technologies, with the European Union also taking the same action. This is now the new field of competition for the major world economies. ...

LyrArc Article Gist
The WSJ's Spencer Jakab points out the role of politics- with Saudi Arabia in a standoff with Iran and Russia in Middle Eastern conflicts- and Saudi policy of full output with no cuts unlikely to change, ensuring lower prices for 2016-2017.

LyrArc Article Gist
About $229 billion, three fourth of Greece's debt, is now held by the European Central Bank, the IMF and the European Commission. This is taxpayer money and the governments are making sure that they get back bailout loans in the form of interest payments. About two thirds of the $177 billion given to Greece as bailout loans since May 2010 actually came back to the ECB, IMF, and the EC, in the form of interest. The ECB is keen on recovering taxpayer money. The money route has been setup with an escrow account in Greece for bailout loans so that interest payments get paid, and this money cannot be used for any other purpose. Banking experts say this is a practice in risk management, and with Greece's poor record in finances the controls have been put in place to recover money the ECB invested in Greek bonds in an effort to calm nervous financial markets and now gets about 10% in annual interest payment. Under earlier debt restructuring for private creditors to Greece a haircut of over 50% on Greek bonds was taken, with the ECB insisting on receiving full payment. If Greece were to repudiate the loans under a new elected government losses would have to be taken by the ECB, IMF, and EC, and by private creditors. The ECB has Greek bonds in the range of $44 billion to $69 billion, and the European Financial Stability Facility $88 billion, by some estimates. Greece's exit from the euro would result in losses on these bonds .for the ECB and the EFSF, ultimately European taxpayers. It would also make the new bonds to private creditors under the restructuring of little value which is why European banks would not favor that outcome. Greece's tax receipts at some point, possibly 2013, would exceed basic operating expenses of the government, at which point a future Greek government might decide to exit the euro and stop interest payments on debt in its best interest....

LyrArc Article Gist
The SPD's Peter Steinbruck's criticism of Merkel's handling of the eurozone crisis. Speaking to the Bundestag Steinbruck said Merkel had wasted time and billions of dollars of taxpayers before committing to keep Greece in the eruozone. "You should have held this speech three years ago... Never has Germany been so isolated in Europe as it is today." He said Merkel was not being honest with Germans that to be part of Europe Germany had to take on some of the cost and that it was worth it. Instead she was riding the wave of negative opinion for the eurozone and at the same time trying to keep up Germany's influence in Brussels, creating a perception of a new kind of German "industrial imperialism." This comes as France's president Hollande expressed serious dissatisfaction with Merkel's handling of the eurozone crisis in an interview with reporters of 5 European newspapers in October 2012.

LyrArc Article Gist
The European Banking Authority has lost credibility after two rounds of stress tests by the EBA failed to turn up the problems at Spanish banks that required a $125 billion recapitalization by the EU rescue fund. Now EU officials are turning to the European Central Bank as the eurozone's main banking regulator. The U.S. Federal Reserve is performing this role after the 2008 financial crisis, with the FDIC in charge of bank closures and resolution. ECB president Mari Draghi says, letting the ECB perform supervisory tasks, a decision made at the June 28 EU summit talks, is fully in line with the bank's mandate. Separate decisions will be needed for a bank resolution authority like the FDIC. The ECB will then have to hire hundreds of banking experts to make on site visits to eurozone banks and check their loan books and make independent assessments of bad loans, bank risks, and capital requirements. The important thing is an agency which is free of local and political interference to make the correct evaluations....

LyrArc Article Gist
As the popularity of left party Podemos increases before the upcoming elections in Spain, it comes under increasing attack from the governing party and the Ciudadanos party for advisors from Podemos giving economic advice to the failing Maduro government. Venezuela's economy is in dire straits with high inflation and shortages. Podemos appears to have overtaken the Socialist party in Spain to become the second largest political party. The leader of Podemos, Pablo Iglesias, and other Podemos leaders are cited as having done advisory work for the government in Venezuela.

LyrArc Article Gist
Bruce Reidel, Obama administration advisor on the war in Afghanistan, conducted a policy review in 2009. He says a policy of engagement he advised in 2009 now needs reshaping. He points to recent events that show the Pakistani ISI and the military who run Pakistan are in direct conflict with U.S. policy in the region. Especially after the attacks on the U.S. embassy in Kabul and the killing of a former Afghan president who was expected to lead peace talks. Reidel says this requires a reshaping of U.S. policy and a policy of containment which would reduce military assistance to Pakistan, and at the same time shape policies that would help the people of Pakistan, such as reducing tariffs on textiles.

LyrArc Article Gist
This New York Times editorial says a smaller Wall Street and growing jobs in other fields will be good for New York as well as good for the country. It says New York politicians should focus on finding new ways for New York to broaden its tax base and get new businesses and new opportunites in fields such as media, advertising, entertainment, health care and tourism. Especially welcome are initiatives such as the science and tech campus of Cornell University promoted by Mayor Bloomberg. Tighter financial rules and higher capital requirements are good for the country and for New York the editorial emphasizes, because they help control reckless banking practices that destroy capital and opportunities for growth elsewhere in the economy. It points to Kevin Rose's Nov. 21, 2011 account in the Times showing a healthy culture shift in New York and the country with the status jobs being seen not at Goldman Sachs but at Google, Apple and Facebook. Rose's account shows that in the last 3 years the number of Wall Street employees of ages 20-34 declined by 25%....

LyrArc Article Gist
The 90 minute nationally televised debate in Germany between Angela Merkel and Peter Steinbruck before the September 22, 2013 national elections.

LyrArc Article Gist
Russian president Medvedev offers his view of the protests in Russia, that Russia is entering a new stage in the development of its political system. Medvedev told his United Russia party: "We are entering a new stage in the development of our political system and we should not close our eyes to that. It has already begun... It began because the old model- which faithfully and truly served our state in recent years, and did'nt serve it badly, and which we all defended- it has exhausted itself." He wanted to see United Russia take a leading role in reform. He warned that "it is categorically inadmissible that the political system be delegitimized." And warned Russians that the consequences of this were disastrous after the last time this happened in 1917. He was also critical of the U.S. government for its criticism of the elections.

LyrArc Article Gist
The Saudi government announced sharp cuts in spending and subsidies to cut the deficit in 2016. The deficit in 2015 was about $98 billion or 367 billion riyals , according to Al Arabiya Saudi news channel. In 2016 the budget is designed to cut the deficit to $87 billion or 326 billion riyals. The 2016 budget is for 840 billion riyals, compared to 975 billion riyals in 2015. Saudi Arabia's foreign exchange reserves of $640 billion could be exhausted at this rate by 2020, experts say. Actions being taken by the government include increasing the price of some grades of gasoline sold domestically by 50%, as subsidies are being cut. The drop in oil prices to about $35-$40 is hurting Russia, Saudis and Venezuela. The Saudis have increased defense spending for conflicts in Yemen, and in other areas, as they oppose Iran and Russia in the Iraq- Syria conflict.

LyrArc Article Gist
How to deal with Bush era tax cuts is a big issue dividing Democrats and Republicans in the U.S. If no deal is reached by Jan 1. taxes on the average middle income family would increase by $2000 in 2013. Median inflation adjusted income declined 8.9% to $50,054 in 2011 from $54,999 in 1999, and economic mobility has fallen. The Democrat's position is for Bush tax cuts to apply to incomes below $250,000. Peter Orszag of the Congressional Budget Office and Jared Bernstein point out that while this makes the tax code move in a progressive direction it also creates handicaps in providing a sufficient revenue base to support middle class spending programs down the road. According to the Tax Polcy Center, if Congress is unable to reach agreement and all tax increases go into effect Jan 1, taxpayers in the bottom 20% of income distribution would see a $412 increase in taxes compared to an increase of $633,000 for the top 0.1%. New York Mayor Bloomberg has supported eliminating the Bush tax cuts for all groups, saying there is no free lunch. Alan Krueger, head of the White House Council of Economic Advisors, says the trends caused by globalization and skill-biased technological change which have increased inequality are likely to continue or accelerate. ...

LyrArc Article Gist
The yuan is up 5.5% since the peg to the dollar ended in 2010, reaching 6.469 to the dollar. But this is not helping the U.S. trade deficit. The U.S. Bureau of Labor Statistics shows the price of imports from China are up 2.8% in May over the same month prior year. And the trade surplus for China in the first four months of 2011 is higher than the same period in 2010. What is happening? The improvements in productivity of Chinese manufacturers and the acceptance of lower margins is reducing the effects on trade balance of a small appreciation of the yuan, so that only a fraction of that appreciation is showing up in higher prices for Chinese goods. Also significant is that the yuan's small appreciation against the dollar is not enough to make up for the dollar's fall against other currencies. The yuan is down 8.3% against the euro and has actually declined 3.7% on a trade weighted basis in the last year.