There will time later to assess who’s ahead and who’s behind in the coverage of the financial crisis and the unprecedented scandal it represents, but for now it is important for all news organizations to put aside their rivalries and do one thing: Join the Bloomberg lawsuit.
On Friday, Bloomberg LP, in the finest traditions of American investigative reporting, sued the Federal Reserve Board’s governors for public records that would answer two simple questions: Who is receiving $2 trillion in Fed loans and what kind of collateral are taxpayers getting to support them?
No, that’s not a typo. That’s trillion, with a “t.”
And, yes, as hard as it is to believe, taxpayers don’t know the identity of the borrowers to whom they are lending. They also don’t know what kind of junk—stocks? CDOs? Three milk cows and a ’69 Camaro?—they’re getting to support the federal loans.
A PDF of the suit is here. Business news organizations should file amicus briefs or otherwise help out.
As Bloomberg wrote yesterday in another hard-hitting and useful bailout report:
Nov. 10 (Bloomberg) — The Federal Reserve is refusing to identify the recipients of almost $2 trillion of emergency loans from American taxpayers or the troubled assets the central bank is accepting as collateral.
Unbelievable. But true!
Listen, one can argue about whether the Fed’s loan program is wise or not, though most people think it is.
But it seems beyond argument, now that the Treasury’s vaults have been thrown open, that taxpayers should know who is getting these loans. Likewise, it is axiomatic that taxpayers should be able to see the collateral, especially given the virtual certainty it will be worth far less than the cash they are lending. The taxpayers’ exposure here is enormous.
For those of you just joining the transparency party, just a couple of words of background: The $2 trillion in loans discussed in the Bloomberg story and the subject of its suit are separate and apart from the $700 billion bailout, also known as the Troubled Asset Relief Program, passed by Congress in October. That bailout at least has some measure of transparency—one knows at least which banks are getting capital—and safeguards to ensure that taxpayers’ investment is secured.
The Fed lending program is different. As the Bloomberg suit explains, before August 2007 the Fed typically loaned money to regular banks for very short periods of time, requiring gold-leaf collateral, and had about $1 million in loans outstanding at any one time. Come the financial crisis, the Fed added three new lending programs and dramatically eased terms and dropped collateral standards, opening the loan spigot. By the first week of October, the Fed had average lending of more than $400 billion. Now, of course, the figure is much higher.
One hears quite often that such numbers are unprecedented, and it is all too true.
In return, banks handed over collateral of unknown, and one can only assume, poor quality. The gap between amount loaned and the amount the collateral is worth is the amount the taxpayers may have to pay if banks can’t make good on these loans.
As the Bloomberg suit says:
The government documents that Bloomberg seeks are central to understanding and assessing the government’s response to the most cataclysmic financial crisis in America since the Great Depression. The effect of that crisis on that American public has been and will continue to be devastating. Hundreds of corporations are announcing layoffs in response to to the crisis and the economy was the top issue for many Americans in the recent elections.

im very happy about the lawsuit and very unhappy about the fed and barney frank and every other congressman, who has folded there cards
Posted by ian on Wed 12 Nov 2008 at 10:08 AM
Thank you for bringing the recipients identity issue to the forefront. I had been unsuccessfully searching for those answers since the "bailout" was announced. If Bloomberg is successful in it's effort to uncover those secrets, our taxpayers would be more comfortable since many were vehement regarding this method to save these businesses. Although I respect Barney Frank, these identity outings will help and not harm the taxpayers.
Posted by Patty748 on Wed 12 Nov 2008 at 11:01 AM
The Fox Business Network has also joined in this fight as well, just fyi. We've filed a FOIA request with the Federal Reserve. Here's the web link to our announcement:
http://www.foxbusiness.com/story/markets/asman-foxbusiness-demands-answers-bailouts/
Posted by Ken on Wed 12 Nov 2008 at 06:09 PM
There is still hope for this democratic Republic as long as we have institutions such as Bloomberg and Fox are doing their job of keeping us informed. Thank you.
Posted by Rita Jordan Mousavi on Sat 15 Nov 2008 at 05:30 PM
Ken, the link above does not present the actual case number. Also, there is no link to view the suit, page by page, or as a pdf file.
Fox and Bloomberg are not the only corporations who have filed Freedom of Information Act lawsuits against the 5 board members of Federal reserve agency. [The list below does not include suits against the Federal reserve banks, individually, in which the Board is not named, but the banks themselves are being sued for different injustice as presented in those cases; (IE: Not Freedom of Information Act suits.)]:
Board of Governors v. Bloomberg, L.P., No. 08-CV-9595 and No. 09-4083 (2d Circuit, filed September 30, 2009). Appeal of judgment for Bloomberg, L.P., in a Freedom of Information Act case.
Fox News Network v. Board of Governors, No. 09-3795 (2d Circuit, filed September 9, 2009). Appeal of judgment for the Board in a Freedom of Information Act case.
McKinley v. Board of Governors, No. 09-CV-01263 (D.D.C., filed July 8, 2009). Freedom of Information Act case.
Citizens for Responsibility and Ethics in Washington v. Board of Governors, No. 09-CV-00633 (D.D.C., filed April 6, 2009). Freedom of Information Act case.
New York Times Company v. Board of Governors, No. 09-CIV-2645 (S.D.N.Y., filed March 23, 2009). Freedom of Information Act case.
Freedom Watch, Inc. v. Board of Governors, No. 09-CV-00331 (D.D.C., filed February 19, 2009). Freedom of Information Act case.
Murray v. Board of Governors, No. 08-CV-15147 (E.D. Mich., filed December 15, 2008). Challenge to the constitutionality of federal expenditures relating to American International Group (AIG)
End note: If you find these cases have more than one case number, please post an update.
.
Posted by Chris on Mon 23 Nov 2009 at 04:04 PM
Here is a link to the actual Court Order, written by the Hon. Justice Loretta Preska compelling the Fed to Disclose Emergency Bank Loans and related information, relative to the Freedom of Information Act request by Bloomberg.
(47 page ruling, pdf file, on or near August 24, 2009 )
http://media.bloomberg.com/bb/avfile/rVrG4U7pQhoY
Related update:
Court Orders Fed to Disclose Emergency Bank Loans
http://www.bloomberg.com/apps/news?pid=20601087&sid=a7CC61ZsieV4
Posted by Chris on Mon 23 Nov 2009 at 04:30 PM