JPMorgan, UBS and Deutsche Bank Charged with Derivatives Fraud

More like international crime families sending out enticing emails trying to lure and trick the unsuspecting than serious financial institutions. This is banking?

Notice that these were operating out of their London units, similar to the AIG derivative scandal that helped to worsen the US financial crisis. The FSA is apparently working hard now to enforce its rules and bring these banks to heel. Contrast that with the SEC in the States which seems reluctant to do anything regarding enforcement, and even when a judge puts them to the task, are able to administer only the mildest of financial chastisement to be passed on to the shareholders.

There is speculation that the US government cannot reform these banks because it is deeply involved in financial transactions of a questionable nature with them itself, ranging from enormous individual campaign contributions to market manipulation in various financial instruments in support of government policy which is otherwise failing badly. The opacity of markets and government bodies like the ESF makes this difficult to assess, but the outrageous size of positions amongst some of the banks, together with the occasional slip in the redacted transcripts is the smoke that indicates more heat beneath the surface than we might imagine.

The US Treasury Secretary himself is recenly implicated in an outrageous accounting fraud perpetrated by Lehman Brothers with the apparent complicit silence of the NY Fed which he was leading at the time.

And yet the Congress seems to be able to do little or nothing, it is so controlled by the monied interests. The Senate has the temerity to propose giving Consumer Protection to this very Fed as it is revealed to be complicit in bank fraud of epic proportions, and a track record of fighting and delaying consumer reforms and sensible regulation of OTC derivatives for years. The Republicans are unashamed of their venality, and the Democrats are seemingly leaderless.

The banks must be restrained, the financial system reformed, and balance restored to the economy before there can be any sustained recovery.

Bloomberg
Deutsche Bank, JPMorgan, UBS Are Charged With Derivatives Fraud
By Elisa Martinuzzi and Sonia Sirletti

March 17 (Bloomberg) -- Deutsche Bank AG, JPMorgan Chase & Co., UBS AG and Hypo Real Estate Holding AG’s Depfa Bank Plc unit were charged with fraud linked to the sale of derivatives to the City of Milan.

Judge Simone Luerti scheduled the trial of the four firms, 11 bankers and two former city officials for May 6, Prosecutor Alfredo Robledo said after a hearing in Milan today. The banks allegedly misled the city on swaps that adjusted interest payments on 1.7 billion euros ($2.3 billion) of borrowings.

Prosecutors across Italy are probing banks as local and national government agencies face potential losses of 2.5 billion euros on derivatives, lawyers say. The Milan probe may also affect cases as far away as the U.S., where securities firms have faced charges for price-fixing and bid-rigging in the sale of derivatives to municipalities, though not for fraud, according to former regulator Christopher “Kit” Taylor.

“This case could have repercussions over here if the trial showed deliberate intent,” said Taylor, a former executive director of the Municipal Securities Rulemaking Board, the national regulator of the municipal-bond market. “What happened in Europe was the continuation of a pattern in the U.S.”

UBS, JPMorgan and Deutsche Bank officials didn’t have an immediate comment. Officials at Depfa couldn’t immediately be reached.

Robledo alleges the London units of the four banks misled Milan on the economic advantage of a financing package that included the swaps and earned 101 million euros in hidden fees.

He also claims the banks violated U.K. securities rules by failing to inform Milan in writing that for the swap deal the city was a counterparty to the lenders rather than a customer. Banks abiding by the rules of the Financial Services Authority are required to shield customers from conflicts of interest and provide them with clear and fair information that isn’t misleading.

The prosecutor, who seized assets from the banks equal to their share of the alleged profit, is claiming JPMorgan charged about 45 million euros in commissions that were hidden from the municipality, while Deutsche Bank made about 25 million euros, Depfa Bank earned 21 million euros and UBS made 10 million euros, court documents show....

China's Mercantilism: Selling Them the Rope

"The Capitalists will sell us the rope with which we will hang them." Vladimir Illyich Lenin

Here is Paul Krugman with a reasonably good explanation of what happens when countries 'manage' their currencies lower. It provides a boost to exports and an impediment to imports. It is not much different than restraints of trade like tariffs and subsidies.

This is not higher math. A few simple price/demand equations with currency exchange factors using high school algebra would suffice to show the power of currency manipulation and a devaluation of 40% as a form of 'competitive advantage.'

Although I am glad that some of the economic sites and economists are willing to discuss this now, and as always respect Paul Krugman for his frankness and learning, the question should be asked, "Where have the American economists been for the past ten years? This is not the first time a major economist has tried to discuss this, and primarily to little effect."

Now that Krugman has made it respectable the more timid are willing to speak, although some of the high profile economic pundits continue to uphold myths and propaganda to support their favorite commercial interests, think tanks, ideologies and honorariums.

It is hard to imagine another modern science that would have tolerated such obvious howlers as economics has recently done, and not only tolerated, but made major tenets and far-reaching public policy out of them. As my crusty statistics professor would say, "economics is sometimes more like marketing than mathematics: self-serving analysis surrounding bullshit assumptions and double-talk."

The Chinese manipulation of their currency was not subtle. China devalued the renminbi significantly in the latter part of the 1990's, and then pegged it to the dollar. It then penetrated the usual safeguards of fair trade laws by obtaining 'favorable' rulings first from Bill Clinton and then from W. Bush.

They ought not to have been granted full trade status until China allowed their currency to float on some prearranged conditions at the very least. One can only speculate on why two US presidents sold them the rope by which to hold the US economy hostage. It is probably nothing more than crony capitalism. As for the economic advisors that surround them, they often have little respect for fair and open markets because they themselves engage in market manipulation to support their policy objectives so much that it becomes a matter of course.

Fair Trade agreements and the WTO are a farce when they permit such dramatic currency manipulation, and this is the direct result of the existing fiat currency regime and a toleration and even encouragement of financial engineering. And globalization is something to always be regulated because of its profound effect on one's domestic markets and public policy. Otherwise the world sinks to the lowest common denominator of the abuses of reckless environmentalism and even slave labor of the worst tyranny for the sake of 'competitiveness.'

Multinational corporations' desires for export revenues and cheap goods do not trump national sovereign preferences for the rights and freedoms of the individual to which a people might commit themselves, and pledge their honor. The natural benefit of unrestrained globalization is a canard similar in nature to the fallacy of naturally efficient markets.

It suited some people to ignore it then because the arrangement provided cheap goods to the US while depressing the domestic manufacturing sector and working class incomes, while boosting the financial sector and masking monetary inflation and asset bubbles. It was a means of empowering and enriching Wall Street at the expense of the productive economy.

Now that China's currency manipulation does not suit them, they are willing to discuss it, since China is not 'playing ball' with the financial engineers and encouraging domestic consumption and adopting Western bankers as their masters.

There is also a realization that their financial engineering has brought the world to the brink of a global crisis of insolvency and a tremendous blow to authentic capitalism from which it may be difficult to recover. And they are afraid.



Of Bubbles and Busts: Which Way for China?

The Financialization of America and Currency Wars in China

US Making Preparations for a Pre-Emptive Strike on Iran (or Some Other Eastern Destination)

Although one would doubt that the US would 'go it alone,' one has to question whether or not they would act in support of a pre-emptive strike by Israel on Iranian nuclear facilities.

Although this news piece assumes Iran is the target, other easterly destinations come to mind in the vicinity of Afghanistan.

The implications of such a strike on the world financial and commodity markets is obvious, and bears careful watching. I would doubt the US would circumvent a discussion at the United Nations. Even George W had to at least pay lip service to international support prior to his attack on Iraq.

SundayHeraldScotland
Final destination Iran?
By Rob Edwards
14 Mar 2010

Hundreds of powerful US “bunker-buster” bombs are being shipped from California to the British island of Diego Garcia in the Indian Ocean in preparation for a possible attack on Iran.

The Sunday Herald can reveal that the US government signed a contract in January to transport 10 ammunition containers to the island. According to a cargo manifest from the US navy, this included 387 “Blu” bombs used for blasting hardened or underground structures.

Experts say that they are being put in place for an assault on Iran’s controversial nuclear facilities. There has long been speculation that the US military is preparing for such an attack, should diplomacy fail to persuade Iran not to make nuclear weapons.

Although Diego Garcia is part of the British Indian Ocean Territory, it is used by the US as a military base under an agreement made in 1971. The agreement led to 2,000 native islanders being forcibly evicted to the Seychelles and Mauritius.

The Sunday Herald reported in 2007 that stealth bomber hangers on the island were being equipped to take bunker-buster bombs.

Although the story was not confirmed at the time, the new evidence suggests that it was accurate.

Contract details for the shipment to Diego Garcia were posted on an international tenders’ website by the US navy.

A shipping company based in Florida, Superior Maritime Services, will be paid $699,500 to carry many thousands of military items from Concord, California, to Diego Garcia.

Crucially, the cargo includes 195 smart, guided, Blu-110 bombs and 192 massive 2000lb Blu-117 bombs.

“They are gearing up totally for the destruction of Iran,” said Dan Plesch, director of the Centre for International Studies and Diplomacy at the University of London, co-author of a recent study on US preparations for an attack on Iran. “US bombers are ready today to destroy 10,000 targets in Iran in a few hours,” he added.

The preparations were being made by the US military, but it would be up to President Obama to make the final decision. He may decide that it would be better for the US to act instead of Israel, Plesch argued.

“The US is not publicising the scale of these preparations to deter Iran, tending to make confrontation more likely,” he added. “The US ... is using its forces as part of an overall strategy of shaping Iran’s actions.”

According to Ian Davis, director of the new independent thinktank, Nato Watch, the shipment to Diego Garcia is a major concern. “We would urge the US to clarify its intentions for these weapons, and the Foreign Office to clarify its attitude to the use of Diego Garcia for an attack on Iran,” he said.

For Alan Mackinnon, chair of Scottish CND, the revelation was “extremely worrying”. He stated: “It is clear that the US government continues to beat the drums of war over Iran, most recently in the statements of Secretary of State, Hillary Clinton.

“It is depressingly similar to the rhetoric we heard prior to the war in Iraq in 2003.”

The British Ministry of Defence has said in the past that the US government would need permission to use Diego Garcia for offensive action. It has already been used for strikes against Iraq during the 1991 and 2003 Gulf wars.

About 50 British military staff are stationed on the island, with more than 3,200 US personnel. Part of the Chagos Archipelago, it lies about 1,000 miles from the southern coasts of India and Sri Lanka, well placed for missions to Iran.

The US Department of Defence did not respond to a request for a comment.

US and UK Move Closer to Ratings Downgrades - Or Not

There is a spread of glass 'half-empty' and 'half-full' versions of this story in the news today. The Financial Times stresses that the ratings are 'safe' for now and 'well-positioned' while others such as Business Week choose to emphasize the deterioration and potential risk.

Who are Moody's and SP to judge this? Their shocking performance in the subprime and credit markets shows them repeatedly to be little more than carnival barkers and shills, willing to say almost anything for pay. Are they as malleable to political and commercial influence in this as they have shown themselves to be in the recent financial scandals?

And yet, the position of the fiat currencies and the financial engineers does seem to deteriorate to anyone who can look at debt to GDP ratios, debt servicability, and the quality of government statistics. And some currencies are more equal than others, being sustained by holdings in foreign reserves because of the current structure of international finance.

It is unlikely, however, that we will hear about any collapse before it happens from these US-based ratings agencies. Their ratings are triggers for traders however, and could be self-fulfilling, a tool for the currency bears, who use leverage to bring down nations.

The US will seek to stand the Dollar on the heads of Sterling and then the Euro to sustain its head about the rising waters.

Make no mistake about this. Keep an eye on Sterling as the currency wars intensify.

NY Times
Credit Agency Warns U.S. and Others of Risk to Top Rating
By DAVID JOLLY
March 15, 2010

PARIS — The United States, Germany and other major economies have moved “substantially” closer to losing their top-notch credit ratings and can not depend solely on economic growth to save them, a report warned on Monday.

The ratings of the Aaa governments — which also include Britain, France, Spain and the Nordic countries — are currently “stable,” Moody’s Investor Service wrote in the report. But, it added, “their ‘distance-to-downgrade’ has in all cases substantially diminished.”

“Growth alone will not resolve an increasingly complicated debt equation,” Moody’s said. “Preserving debt affordability” — the ratio of interest payments to government revenues — “at levels consistent with Aaa ratings will invariably require fiscal adjustments of a magnitude that, in some cases, will test social cohesion.”

Greece, Portugal and other countries that are already in far worse shape have been rocked by strikes and other protests in recent weeks as they try to adopt tough austerity measures.

Without a stronger recovery, governments could encounter serious trouble in phasing out government support for the economy, Arnaud Marès, the main author of the report, said in a statement. That “could yet make their credit more vulnerable,” he said.

Credit ratings are important because higher-rated governments are typically able to borrow at lower costs. Last May, Moody’s cut Japan’s Aaa rating to Aa2, an acknowledgement of the market’s growing unease with the debt burden of the Asian country...

In the United States, the Obama administration estimates that the deficit will rise to 10.6 percent of gross domestic product in the current fiscal year, the highest since 1946, and federal debt will reach 64 percent of G.D.P. Government expenditures are expected to rise to a postwar high of 25.4 percent of G.D.P.

For now, the U.S. debt remains affordable, Moody’s said, as the ratio of interest payments to revenue fell to 8.7 percent in the current year, after peaking at 10.0 percent two years ago. If that trend were to reverse, the Moody’s analysts said, “there would at some point be downward pressure on the Aaa rating of the federal government.”

In Britain, Moody’s said, the risk is that tax receipts fail to keep pace with forecasts, as the government of Prime Minister Gordon Brown has little room left to maneuver. In that situation, the debt — which the government already predicts will stabilize at around 90 percent of G.D.P. — could balloon, undermining the credit rating.

In comparison to both Britain and the United States, the report noted, households in France and Germany entered the crisis with relatively low indebtedness, and hence have a little more room for maneuver. Yet both countries will find themselves under pressure to maintain financial discipline in the event that growth does not rise substantially...

As for the Nordic countries, the agency said the region entered the crisis in relatively good shape, and their credit ratings appeared to be well protected.

About That Seemingly Irrational Need for Bonuses...

Psychopath: A person with an antisocial personality disorder, manifested in aggressive, perverted, criminal, or amoral behavior without empathy or remorse.

He would sell his mother for an eighth.

He would betray his most solemn promise on a whim.

He was a law unto himself, forcing others to serve his needs.

He would grab society's tit and suck it dry.

He would grasp and tear until he showed them all.

He was beyond good and evil--- He was an American hero.

"Our hypothesis was that psychopathic traits are also linked to dysfunction in dopamine reward circuitry," Buckholtz said. "Consistent with what we thought, we found people with high levels of psychopathic traits had almost four times the amount of dopamine released in response to amphetamine."

In the second portion of the experiment, the research subjects were told they would receive a monetary reward for completing a simple task. Their brains were scanned with fMRI while they were performing the task. The researchers found in those individuals with elevated psychopathic traits the dopamine reward area of the brain, the nucleus accumbens, was much more active while they were anticipating the monetary reward than in the other volunteers.

"It may be that because of these exaggerated dopamine responses, once they focus on the chance to get a reward, psychopaths are unable to alter their attention until they get what they're after," Buckholtz said. Added Zald, "It's not just that they don't appreciate the potential threat, but that the anticipation or motivation for reward overwhelms those concerns."

Psychopaths' Brains Wired to Seek Rewards No Matter the Consequences

So let's give deregulation and the efficient markets hypothesis another chance to really maximize the damage.

An entire society built around white punks on dopamine, trapped in the infantile stage of development, allocating resources for the many, the arbiters of utility and worth, from Wall Street to the Congress: this is what America has become.

SP, NDX and US Dollar Daily Charts

The SP 500 is pushing up against the resistance associated with the long term trend of the rally. It will likely take several attempts to try and push through it.



Notice how cleanly the rally in tech has sliced higher to upwards resistance. A failure at resistance would confirm a 'normal' stock trend, leaving the rally intact but correcting the excess.

If there is going to be a breakout it will likely lead the way, and the entire pattern of the last six months or so can be considered a consolidation in what is likely to become an inflationary financial asset bubble.



The dollar is holding its primary trendline despite the recent sideways chop. This could be consolidation as there is more room to the upside of .83. However, this would seem to require a breakdown in stocks if normal patterns are to continue. If stocks break up and out in what is likely to be a financial asset bubble, then the dollar will be sacrificd to the incipient monetary inflation, even before it appears in the money supply figures.

NY Fed Implicated in the Accounting Fraud at Lehman

Quite a bombshell from Yves Smith of Naked Capitalism tonight.

I wonder if the US mainstream media will ignore and dismiss it as they did the exclusion of the Wall Street banks from European debt sales in response to their fraudulent CDO sales. Is there a 'reverse gear' on the Voice of America?

In response, let's see if Chris Dodd puts the Consumer Protection section of the financial reform legislation under the control of a private organization,the Fed, which is owned by the institutions it is supposed to be regulating, and which is now implicated in the failure and fraud that helped to trigger the recent financial crisis.

The senior Republicans on the committee have insisted that it be. Originally Senator Dodd seemed to be going along with that in the spirit of bipartisan support for the monied interests and the financial lobbyists. That would be the perfect Orwellian twist to an increasingly surreal decline in the observance of the Constitution and the rule of law.

And then of course there is Turbo Tim, knee deep again in messy conflicts of interest and crony capitalism. The "CEO defense" claiming attention deficit disorder and blissful aloofness is in fashion among highly paid US executives. Considering Mr. Geithner's record, even in the execution of his own tax returns, the incompetence defense might be plausible. But it then calls into question the judgement of the person who subsequently appointed Tim to be the head of the most powerful financial organization on earth, the US Treasury.

Call the New Yorker. Time for another media PR blitz, but this one is for the Chief.

Naked Capitalism
NY Fed Under Geithner Implicated in Lehman Accounting Fraud

Quite a few observers, including this blogger, have been stunned and frustrated at the refusal to investigate what was almost certain accounting fraud at Lehman. Despite the bankruptcy administrator’s effort to blame the gaping hole in Lehman’s balance sheet on its disorderly collapse, the idea that the firm, which was by its own accounts solvent, would suddenly spring a roughly $130+ billion hole in its $660 balance sheet, is simply implausible on its face. Indeed, it was such common knowledge in the Lehman flailing about period that Lehman’s accounts were such that Hank Paulson’s recent book mentions repeatedly that Lehman’s valuations were phony as if it were no big deal.

Well, it is folks, as a newly-released examiner’s report by Anton Valukas in connection with the Lehman bankruptcy makes clear. The unraveling isn’t merely implicating Fuld and his recent succession of CFOs, or its accounting firm, Ernst & Young, as might be expected. It also emerges that the NY Fed, and thus Timothy Geithner, were at a minimum massively derelict in the performance of their duties, and may well be culpable in aiding and abetting Lehman in accounting fraud and Sarbox violations.

We need to demand an immediate release of the e-mails, phone records, and meeting notes from the NY Fed and key Lehman principals regarding the NY Fed’s review of Lehman’s solvency. If, as things appear now, Lehman was allowed by the Fed’s inaction to remain in business, when the Fed should have insisted on a wind-down (and the failed Barclay’s said this was not infeasible: even an orderly bankruptcy would have been preferable, as Harvey Miller, who handled the Lehman BK filing has made clear; a good bank/bad bank structure, with a Fed backstop of the bad bank, would have been an option if the Fed’s justification for inaction was systemic risk), the NY Fed at a minimum helped perpetuate a fraud on investors and counter parties.

This pattern further suggests the Fed, which by its charter is tasked to promote the safety and soundness of the banking system, instead, via its collusion with Lehman management, operated to protect particular actors to the detriment of the public at large.

And most important, it says that the NY Fed, and likely Geithner himself, undermined, perhaps even violated, laws designed to protect investors and markets. If so, he is not fit to be Treasury secretary or hold any office related to financial supervision and should resign immediately...

Read the rest of the story here.

Feldstein: Worry About the Dollar, Not the Euro: Keep an Eye on Sterling

Here is Marty Feldstein's view of the economic fundamentals in the euro and dollar portion of the forex markets.

Fundamentals mean little in the short term for trading purposes, at least in my own judgement. However, it does look as though the euro/dollar cross is a bit overdone. If that is correct, then it is likely that this correction in the precious metals should be almost done as well. But we will have to see what happens. The markets are shallow and edgy, almost wobbly. In a liquidation everything gets sold on the short term. Selling and buying on the margins makes price, no matter what size the market. Such it is with most auction markets disconnected from rational valuation.

On the fundamentals, however, Feldstein makes some good points. The problem with Europe is that it is sitting on the fence with its union, and the Greek debt crisis merely highlights their weakness which are largely structural. What is the EU likely to become.

As for the US, its day is fading, and it is in the grip of financial interests that will wring the last drop of vitality out of it given their way.

There are several roads to losing weight. One is to engage in healthy exercise and a good diet. The other way is starvation either through deprivation or disease. In both instances one 'loses weight.' The modern day Liquidationists favor starvation, for the other guys, not themselves. The modern day Keynesianians seem to wish to indulge in overeating with a change in diet to be left for another day.

The American economic system cries out for meaningful reform. Deficit spending without reform is futile, the road to addiction. But no government led structural repair efforts is the sure road to stagnation and a zombie-like existence such as has been seen in Japan, or even worse, a third world status and regional fragmentation.

My own bellwether is the UK. I believe quite strongly that Britain will reach its crisis before the US. And it may provide a proper warning, but all things considered, it may be too late. While there are many good signs in the financial reform regime from regulators aghast at the mindless venality that has brought the country to the brink of ruin, there is still the matter of the current political leadership, and its failure to engage with the issues in meaningful ways.

Addendum: Europe's Banks Brace for UK Debt Crisis

Bloomberg
Feldstein Says Euro’s Fall Due to ‘Panic’ Over Greece
By Steve Matthews and Sara Eisen

March 11 (Bloomberg) -- Harvard University Professor Martin Feldstein said the euro’s 4.6 percent decline against the dollar this year has been “panic selling” stemming from the financial crisis in Greece.

“The euro is weakening despite their better trade balance,” Feldstein, an economist, said in a Bloomberg Television interview broadcast today. “This is a kind of an irrational or panic selling where people are just saying, ‘I don’t know what is going on, I am just going to step to the sidelines and not leave money in euros.’”

Greek officials are trying to convince investors they can reduce the nation’s budget deficit, which at 12.7 percent of gross domestic product was the European Union’s largest in 2009. The government last week announced spending cuts and tax increases totaling 4.8 billion euros ($6.5 billion), the third round of austerity measures this year...

“What’s happening with the euro is an overreaction,” Feldstein said. “There’s, in my judgment, no real reason why the euro should have sold off, overall. After all, Germany is not at risk. France is not at risk.”

Feldstein, who warned in 1997 that European monetary union would spark greater political conflict, said “enormous fiscal deficits” projected over the next decade may mean the U.S. dollar may not maintain its current value.

Draw Funds

“Europe doesn’t have the need to draw in funds from the rest of the world in the way that the United States does,” he said.

“If I wanted to be nervous about the future of a currency over the next, say, five years, there is more reason to worry given the size of the U.S. budget deficits and given the size, even more importantly, of our trade and current account deficits,” he said.

The Congressional Budget Office projects President Barack Obama’s spending proposals would produce a record $1.5 trillion budget deficit this year and a $1.3 trillion deficit in 2011.

Concern over the possibility of U.S. tax increases to deal with the rising government debt may be depressing confidence, investment and household consumption, Feldstein said.

“It is a very negative impact, both on the economy in the long run and, through confidence, on what happens in the short run,” he said.

Feldstein, a former president of the National Bureau of Economic Research, is a member of the NBER’s Business Cycle Dating Committee, the panel charged with determining when U.S. recessions begin and end. He served as chairman of the White House Council of Economic Advisers during the Reagan administration.

The Case Against the Fed from a US Senator

If you read through this letter from US Senator Sherrod Brown (D-OH), who is also the chairman of the Senate Subcommittee on Economic Policy, you will get a grasp of how badly the Fed has mishandled its responsibilities over the past ten years at least.

I thought the Senator was far too kind and reserved in his criticism. Yes, the Fed did focus on inflation. Unfortunately the definition of inflation which they used was inappropriate, since it did not include the obvious asset bubbles which were created by the Fed's own monetary policies.

In addition, the Fed not only neglected its role in consumer protection, it took an activist opposition to the regulation of new financial instruments such as derivatives that has created a position that even today leaves the US in a financially precarious position.

This is particularly galling when one hears of the schemes being concocted by the bank friendly Senators, Dodd, Corker and Shelby, to move more of the weak banking reforms into the Fed, which is itself a private institution owned by these very banks that it will regulate.

This is not the appropriate level of financial reform that the American people deserve. And if you notice to whom Senator Sherrod is addressing his concerns, you will understand my lack of enthusiasm or any change or improvement in this sorry state of affairs.

March 10, 2010

The Honorable Timothy Geithner
Secretary, United States Department of the Treasury
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220

The Honorable Lawrence Summers
Director, National Economic Council
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500


Dear Secretary Geithner and Director Summers,

I write to you today to express my concern about the vacancies at the Federal Reserve, both on the Federal Open Market Committee (FOMC) and soon in the Vice Chairman's office. This is the financial equivalent of leaving open vacancies on the United States Supreme Court, and it is essential that we fill these positions.

As Chairman of the Senate Banking Committee's Subcommittee on Economic Policy, with jurisdiction over the Federal Reserve System's monetary policy functions, I am acutely aware of the importance of monetary policy at the Fed.

Both the full Banking Committee and the Economic Policy Subcommittee have examined the causes of the financial crisis and the resulting effects on lending, access to credit, and employment. The evidence presented to the Committee about the role that Fed policy decisions played in the financial crisis and the economic downturn has led me to conclude that the Fed's monetary policy has focused almost entirely on controlling inflation rather than maximizing employment and that the Fed has too often put banks' soundness ahead of its other responsibilities.

In light of this experience, there are several other important qualifications that I would urge you to consider in selecting the new Vice Chairman and new members of the FOMC:

1. Recognition of the causes of the financial crisis before it occurred.

Many economic experts, including some at the Federal Reserve, failed to anticipate the impending economic crisis. However, there were exceptional people who sounded alarms about the rapidly inflating housing bubble, the proliferation of subprime lending, and the packaging, selling, and investing in toxic financial products by Wall Street. Unfortunately, regulators, including the Fed, ignored or attempted to discredit many of these courageous individuals, rather than heeding their warnings. We need economic policy makers who possess the foresight to identify harmful economic trends, the courage to speak out about the necessity of addressing these practices before they inflict lasting damage to our economy, and the wisdom to listen even if their views are challenged.


2. Demonstrated dedication to protecting consumers and maximizing employment.

For years, the Federal Reserve's monetary policy has maintained an almost single-minded focus on inflation. This has been detrimental to the Fed's other core missions, particularly maximizing employment and protecting consumers. The results of this fixation speak for themselves. The national unemployment rate is more than double the Fed's statutorily mandated 4 percent unemployment target. The Fed also failed to act on repeated warnings about predatory mortgage lending and credit card abuses. Consumer protection experience is particularly important if the new consumer protection entity were to be housed at the Fed. Our economy will benefit from renewed attention to all of the Fed's priorities.


3. Commitment to releasing e-mails related to the Fed's involvement in the AIG bailout.

A growing number of experts - including economists, academics, and former regulators - have called upon the Federal Reserve to release all e-mails, internal accounting documents, and financial models related to AIG's collapse. The American taxpayers now hold the majority of AIG shares, and they have a right to know how their money is being spent. Providing greater detail about the AIG bailout is particularly important because that episode continues to taint the Fed's reputation. Focusing on candidates committed to full transparency related to this particular economic event would help to restore the Fed's stature and credibility in the eyes of many Americans.

The American public has lost a great deal of confidence in the Federal Reserve. Selecting a Vice Chair and FOMC members with the above qualifications will send the message that the Federal Reserve has learned from the financial crisis, and that the Fed's weaknesses are being addressed with more than just cosmetic changes.

I would be happy to discuss specific candidates with you at your convenience. Thank you for considering my views, and I look forward to working with you to address these vacancies at the Fed.

Sincerely,
Sherrod Brown
United States Senator

h/t to the Huffington Post for the letter