Now here’s a lede The Audit can get behind:
If it wasn’t already blindingly obvious that pervasive fraud was at the heart of the financial crisis and the ensuing foreclosure catastrophe, you would think that the latest news — that banks have routinely been lying their heads off in the rush to kick homeowners off the properties they fraudulently induced them to buy in the first place — would pretty much clinch it.
That’s Dan Froomkin kicking off a must-read column over at Nieman Watchdog. Froomkin asked former S&L cop William K. Black to talk about what stories the press is underreporting or outright missing.
Black was a cop on the S&L crisis beat two decades ago, back when regulators helped send more than a thousand of bankers to prison. More than a thousand! So you might suspect he has a few choice thoughts on what the press misses, and he does: It’s missing “the crooked heart of the credit crisis,” you might say.
As we and others have said, the press has to connect the current foreclosure scandal to the fraud that was pervasive in the lending process while the bubble was inflating. They’re at base part of the same story.
Black:
The things I think are critical and badly underreported are:
1. The astonishing amount of mortgage fraud (literally, millions of cases annually) and how it hyperinflated the bubble and led to the Great Recession.
2. The fact that these mortgage frauds were overwhelmingly due to consciously fraudulent lending practices in which the CEOs of seemingly legitimate entities used accounting tricks as their “weapon of choice” to report higher profits and get bigger bonuses. (George A. Akerlof and Paul R. Romer got it right in the title to their 1993 article: Looting: The Economic Underworld of Bankruptcy for Profit.)
Need an example? Look no further than the top dog of the mortgage mess: Angelo Mozilo of Countrywide, recently let off with a rap on the wrist by the SEC. This from Gretchen Morgenson’s story in The New York Times on Sunday (I should say, if anybody deserves an exemption from Black’s press criticisms, it would be Morgenson):
But these loans unnerved Mr. Mozilo, as his e-mails indicate. In April 2006, for example, he learned that almost three-quarters of the company’s pay-option customers had chosen to make the minimum payment the prior February, up from 60 percent the previous August, according to the S.E.C.’s complaint. In an e-mail to Mr. Sambol, Mr. Mozilo wrote: “Since over 70 percent have opted to make the lower payment it appears that it is just a matter of time that we will be faced with much higher resets and therefore much higher delinquencies.”
Two months later, and just one day after he talked up his company’s pay-option A.R.M.’s to investors at a Wall Street conference, Mr. Mozilo wrote an e-mail to Mr. Sambol predicting trouble ahead for many borrowers in these mortgages. They “are going to experience a payment shock which is going to be difficult if not impossible for them to manage,” he said….
Mr. Mozilo had become worried about these loans in the first quarter of 2006, when HSBC Bank, a buyer of Countrywide’s 80-20 loans, began forcing the lender to repurchase some that HSBC contended were defective.
“In all my years in the business, I have never seen a more toxic product,” he wrote to Mr. Sambol in an April 17, 2006, e-mail cited by the S.E.C. “With real estate values coming down … the product will become increasingly worse.”
Such e-mails suggest that by mid-2006, Mr. Mozilo had recognized how reckless some of his company’s lending had become. And just three months later, according to the S.E.C. complaint, he met with his financial adviser to increase the amount of Countrywide shares he could cash in under a planned executive stock-sale program.
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No wonder Obama is losing people like me I voted for him and sent him two checks. He is way over his head. Wall Street has the best regulation money can buy. You think Dodd, Schumer, Frank and the four clueless blind mice representing Manhattan in Congress (Maloney, Nadler, Rangel & Velazquez) are valid regulators? They stink.
#1 Posted by Mike Robbins, CJR on Fri 22 Oct 2010 at 06:06 PM
They do make regulators like Bill Black, afterall, it's not lke Bill Black is hard to find.
What they don't do is employ regulators like Bill Black.
http://neweconomicperspectives.blogspot.com/2010/01/anti-regulators-federal-reserves-war.html
http://neweconomicperspectives.blogspot.com/2009/12/geithner-as-martyr-to-ungrateful-nation.html
"If Bo wants to praise a real regulatory martyr – one who got the finance and regulatory issues correct early enough to prevent an economic crisis, reregulated successfully in the face of virulent, powerful opposition, and who did so despite knowing that it would destroy his career at a point where he was in financial distress the obvious candidate is Ed Gray. As Paul Volcker wrote about Ed Gray in a post-publication blurb for my book, The Best Way to Rob a Bank is to Own One (2005 University of Texas Press):
Bill Black has detailed an alarming story about financial and political corruption….the lessons are as fresh as the morning newspaper. One of those lessons really sticks out: one brave man with a conscience could stand up for us all.
Paul Volcker was Ed Gray’s only pillar of support for his reregulation of the S&L industry. When Gray became Federal Home Loan Bank Board Chairman in 1983 the S&L industry was coming out of the first (interest rate risk) phase of the debacle but descending into an even more severe second phase of accounting control fraud...
In 1983, the S&L accounting control frauds grew at an average rate of 50%. The Texas state S&L Commissioner was sleeping with prostitutes provided by the second worst control fraud in the nation – Vernon Savings (known as “Vermin” to its federal regulators). The California state commissioner, according to the documents, was secretly in business with the worst control fraud in the nation – Charles Keating’s Lincoln Savings. Texas and California approved over 300 new S&L charters. Most of them were troubled real estate developers with severe conflicts of interest. Many of them were control frauds. The rate of applications for new charters was expanding.
Gray’s predecessor, Richard Pratt (a theoclassical finance professor) led the deregulation of the industry at a time of mass insolvency. He also largely desupervised the industry. He gimmicked the accounting rules to cover up losses and create fictional income. He cut the number of examiners. There were no criminal referrals or prosecutions of senior S&L officials. The industry was completely out of control. A regional bubble in commercial real estate was already growing in 1983.
Gray reregulated and re-supervised the industry. He ended most regulatory accounting abuses. He doubled the number of examiners and supervisors (over the vigorous objection of OPM and OMB). We began targeting the worst control frauds for closure while they were still reporting record profits and minimal losses. We adopted a rule restricting growth aimed at the Achilles’ heel of every Ponzi scheme – the need to grow massively. Gray brought in experienced regulators with a track record of vigor, courage, and professionalism and put them in place in the Dallas (Joe Selby) and San Francisco (Mike Patriarca) because they were the two worst regions. We deliberately burst the Southwest’s commercial real estate bubble.
Gray put in place a system of criminal referrals and made supporting criminal prosecutions a top priority. The agency (and here great credit must also be given to OTS D
#2 Posted by Thimbles, CJR on Fri 22 Oct 2010 at 09:04 PM
Just for fun, I did a search for Ed Gray and came across this paper, written in 2002, showing the difference between the savings and loan crisis in 1980's and the property bubble meltdown in Japan during the 90's.
And God, the Japanese section needs only a couple of word substitutions to become an accurate description of America right now.
http://www.leadershipreview.org/2002fall/article1_fall_2002.asp
written by William Black coincidentally. Worth a read.
#3 Posted by Thimbles, CJR on Sat 23 Oct 2010 at 11:19 AM
Investors are finding themselves in dim light when it comes to countrywide property. If you’re in the same situation, learn from the experts and become a better investor.
#4 Posted by mark, CJR on Tue 26 Oct 2010 at 01:08 AM