Highlight reel for forthcoming 2012 album, The Russian Wilds…
Hipped to this years ago by (I think?) Neil Haggerty, Dave Tompkins and David Hollander, finally getting to it at what seems to be an especially appropriate/resonant time both socially and personally. Maybe I’ll write more about it later, but probably not. Just wanted to give a nudge here to curious others…
John Brunner: The Sheep Look Up, 1972
Thinking about Occupy…
“Loving what pleases me, I have to build a space in life as little exposed as possible to pollution by business, or I will not find the strength to bring the old world down, and the fungus among us will rot my dreams.” —Raoul Vaneigem, The Book of Pleasures, 1979
You get the regulators you pay for. Or, what happens when SEC and DOJ can’t afford to bring cases against Big Banks…
Promises Made, and Remade, by Firms in S.E.C. Fraud Cases
By EDWARD WYATT
WASHINGTON — When Citigroup agreed last month to pay $285 million to settle civil charges that it had defrauded customers during the housing bubble, the Securities and Exchange Commission wrested a typical pledge from the company: Citigroup would never violate one of the main antifraud provisions of the nation’s securities laws.
To an outsider, the vow may seem unusual. Citigroup, after all, was merely promising not to do something that the law already forbids. But that is the way the commission usually does business. It also was not the first time the firm was making that promise.
Citigroup’s main brokerage subsidiary, its predecessors or its parent company agreed not to violate the very same antifraud statute in July 2010. And in May 2006. Also as far as back as March 2005 and April 2000.
Citigroup has a lot of company in this regard on Wall Street. According to a New York Times analysis, nearly all of the biggest financial companies — Goldman Sachs, Morgan Stanley, JP Morgan Chase and Bank of America among them — have settled fraud cases by promising that they would never again violate an antifraud law, only to have the S.E.C. conclude they did it again a few years later.
A Times analysis of enforcement actions during the past 15 years found at least 51 cases in which the S.E.C. concluded that Wall Street firms had broken anti-fraud laws they had agreed never to breach. The 51 cases spanned 19 different firms.
On Wednesday, Judge Jed S. Rakoff of the Federal District Court in Manhattan, an S.E.C. critic, is scheduled to review the Citigroup settlement. Judge Rakoff has asked the agency what it does to ensure companies do not repeat the same offense, and whether it has ever brought contempt charges for chronic violators. The S.E.C. said in a court filing Monday that it had not brought any contempt charges against large financial firms in the last 10 years.
Not only does the S.E.C. fail to catch many instances of wrongdoing, which may be unavoidable, given its resources, but when it is on the case, financial firms often pay a relatively small price.
S.E.C. officials say they allow these kinds of settlements because it is far less costly than taking deep-pocketed Wall Street firms to court and risking losing the case. By law, the commission can bring only civil cases. It has to turn to the Justice Department for criminal prosecutions.
But prior violations are plentiful. For example, Bank of America’s securities unit has agreed four times since 2005 not to violate a major antifraud statute, and another four times not to violate a separate law. Merrill Lynch, which Bank of America acquired in 2008, has separately agreed not to violate the same two statutes seven times since 1999.
Of the 19 companies that the Times found by the S.E.C. to be repeat offenders over the last 15 years, 16 declined to comment. They read like a Wall Street who’s who: American International Group, Ameriprise, Bank of America, Bear Stearns, Columbia Management, Deutsche Asset Management, Credit Suisse, Goldman Sachs, JPMorgan Chase, Merrill Lynch, Morgan Stanley, Putnam Investments, Raymond James, RBC Dain Rauscher, UBS and Wells Fargo/Wachovia.
Nearly every settlement allows a company to “neither admit nor deny” the accusations — even when the company has admitted to the same charges in a related case brought by the Justice Department — so that they are less vulnerable to investor lawsuits.
In 2005, Bank of America was one of several companies singled out for allowing professional traders to buy or sell a mutual fund at the previous day’s closing price, when it was clear the next day that the overall market or particular stocks were going to move either up or down sharply, guaranteeing a big short-term gain or avoiding a significant loss.
In its settlement, Bank of America neither admitted nor denied the conduct, but agreed to pay a $125 million fine and to put $250 million into a fund to repay investors. The company also agreed never to violate the major antifraud statutes.
Two years later, in 2007, Bank of America was accused by the S.E.C. of fraud by using its supposedly independent research analysts to bolster its investment banking activities from 1999 to 2001. In the settlement, Bank of America without admitting or denying its guilt, paid a $16 million fine and promised, once again, not to violate the law.
But two years later, in 2009, the S.E.C. again accused Bank of America of defrauding investors, saying that in 2007-8, the bank sold $4.5 billion of highly risky auction-rate securities by promising buyers that they were as safe as money market funds. They weren’t, and this time Bank of America agreed to be “permanently enjoined” from violating the same section of the law it had previously agreed not to break.
In fact, the company had already violated that promise, according to the S.E.C when it was accused last year of rigging bids in the municipal securities market from 1998 through 2002. To settle the charges, Bank of America paid no penalty, but refunded investors $25 million in profits plus $11 million in interest. And, the bank promised again never to violate the same law.
The S.E.C. led the bank settle without admitting or denying the charges, even though Bank of America had simultaneously settled a case with the Justice Department’s antitrust division admitting the same conduct.
On November 23rd, the Congressional Deficit Reduction Super-Committee will meet to decide on whether or not to keep Obama’s extension to the Bush tax-cuts – which only benefit the richest 1% of Americans in any kind of significant way. Luckily, a group of OWS’ers are embarking on a two-week march from Liberty Plaza to the Whitehouse to let the committee know what the 99% think about these cuts. Join the march to make sure these tax cuts for the richest 1% of Americans are allowed to die!
The 20 mile a day/2 week march from Liberty Square to DC is set to leave this Wednesday, November 9 at noon. On Wednesday we’ll be leaving Liberty Square and marching to the New York Waterway/Hudson River Ferry and onward to Elizabeth, NJ. This is our ﬁrst stop. Everyone is welcome to join this two week march. If you’d like to participate, but can’t commit for two weeks you’re welcome to join us for the day or help send us off!
The march is being organized by a few of us here at OWS. We will be in DC by Nov 23 for the Congressional Super Committee meeting. This committee has the power to keep the Bush tax cuts (that only beneﬁt the top 1%) or let them expire. We want to be there to ﬁght for the 99%! We will also be connecting with Occupy Philly and Occupy Baltimore along the route, and, of course, Occupy DC!
A major draw for this march is to encourage more people in rural communities to get involved as well as bring spreading the word along the highway. We are hoping people will join the march along the way; whether for an hour, a day, or the full two weeks, we feel its imperative for OWS to be involved in the historical signiﬁcance of long distance marches to support, promote, and encourage economic and social equality. We will be walking from 9am to to 5pm (banker hours) and will hold nightly GA’s and/or discussions at 7pm in each town where we camp. We will be spending two days off at Occupy Philly and Occupy Baltimore. We are hoping a few people from these occupations will join us in the march to the White House and Occupy DC!
Our route is as follows:
11/9/11: Liberty Square to Elizabeth, NJ
11/10/11: Elizabeth, NJ to New Brunswick, NJ
11/11/11: New Brunswick, NJ to Trenton, NJ
11/12/11: Trenton, NJ to Andalusia, PA
11/13/11: Andalusia, PA to Occupy Philly
11/14/11: DAY OFF AT OCCUPY PHILLY
11/15/11: Occupy Philly to Wilmington, DE
11/16/11: Wilmington, DE to Newark, DE
11/17/11: Newark, DE to Rising Sun, MD
11/18/11: Rising Sun, MD to Bel Air, MD
11/19/11: Bel Air, MD to Occupy Baltimore
11/20/11: DAY OFF AT OCCUPY BALTIMORE
11/21/11: Occupy Baltimore to Laurel, MD
11/22/11: Laurel, MD to Occupy DC
11/23/11: Occupy DC to The White House for Super Committee meeting
“I’m a militant pacifist: I will kill for peace.” Thrilling six-minute trailer for new JULIAN COPE/Black Sheep doc film “Revolution Blues,” trailing the bold anarchist direct action collective on their 2008 Joe Strummer Memorial Busking Tour…