Bankers or the Bank: Which Is Responsible?

Along with paying $2.6 billion to settle criminal and civil charges for having “failed, and failed miserably” to notify the SEC of warning signs that could have short-circuited Bernie Madoff’s $17 billion Ponzi operation, J.P. Morgan Chase only had to acknowledge that its actions were improper.[1] No criminal prosecution ensued. The electronic evidence against Madoff's operation was too damning for JP Morgan Chase to have missed it. Indeed, according to USA Today, “JPMorgan had suspicions about Madoff’s operation as early as December 1998, when a bank fund manager warned the investment returns were ‘possibly too good to be true.’”[2] Without submitting any “suspicious activity reports” to the U.S. Government as required by law, the bank had pulled $275 million of its own “feeder funds” from Madoff’s fund two months before Madoff’s financial services firm collapsed.[3] In other words, the bankers connected the dots well enough for the bank's financial interest and perhaps even their own, yet strangely  enough no one at the bank could manage to let the outside world  know, even though federal law mandated reporting the suspicions to the SEC.  and responsibility urged it.

The full essay is at "Bankers or the Bank: Which is responsible?"

J.P. Morgan hitting a man. Was he demonstrating that criminal law applies to human beings rather than to organizations themselves?  Image Source: Wikimedia Commons

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1. This was according to Manhattan U.S. Attorney Preet Bharara.Tim Mullaney and Kevin McCoy, “JPMorgan to Pay $2.6 billion in Madoff Case Settlements,” USA Today, January 8, 2014.

2. Ibid.

3. Ibid.

Corporate Political-Campaign Contributions as Decisive in Anti-Trust Enforcement

On August 31, 2011, “the [U.S.] Justice Department sued to block AT&T’s $39 billion takeover of T-Mobile USA, a merger that would create the nation’s largest mobile carrier. 'We believe the combination of AT&T and T-Mobile would result in tens of millions of consumers all across the United States facing higher prices, fewer choices and lower-quality products for their mobile wireless services,' said James M. Cole, the deputy attorney general.”[1] The New York Times claimed at the time that it was “arguably the most forceful antitrust move” by the Obama administration.[2] To be sure, there were “few blockbuster mergers with the potential to reshape entire industries and affect large swaths of consumers.”[3] However, one could cite the UAL merger with Continental and Comcast’s acquisition of NBC as accomplished mergers. It is more likely that the housing-induced recession made the administration reluctant to risk a major company looking for buyer going bankrupt. I would not be surprised if the vested interests of major mergers and acquisitions “played the bankruptcy card” as leverage with the Justice Department. Moreover, the political power of mega-corporations in the U.S. can be expected to have come into play.

The full essay is at "The Role of Corporate Political Contributions on Anti-Trust Enforcement."

1. Ben Protess and Michael J. De La Merced, “The Antitrust Battle Ahead,” New York Times, August 31, 2011. 
2. Ibid.
3. Ibid.

U.S. President Trump’s Spending on a Border Wall: Federalism at Risk?

U.S. President Trump announced in February of 2019 that he would fully fund a wall on the U.S.’s southern border. He would first use the $1.375 granted by Congress to be followed by  $600 million from a Treasury Department asset-foreclosure fund for law enforcement, $2.5 billion from a military anti-drug account, and $3.6 billion in military construction funds.[1] The president’s rationale hinged on his declaration of a national emergency due to illegal immigration, drug-traffic, and crime/gangs—all having been coming across the border on a regular basis. In federal court, sixteen of the U.S.’s member-states challenged the president’s declaration and use of funds. The U.S. president’s legal authority to declare national emergencies was pitted against the authority of the U.S. House of Representatives to be the initiator of federal spending legislation. The House therefore had standing to sue. The question of the states’ legal standing is another matter. It is particularly interesting because it involved not only whether a given state would be harmed by the wall or even the president’s use of other funding sources that could otherwise be used for other projects in the states not directly affected by the wall, but also because federalism itself could be negatively affected in a way that harms all of the states.

The full essay is at "Spending on a Border Wall: Federalism at Risk?"

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1. Charlie Savage and Robert Pear, “States’ Lawsuit Aims to Thwart Emergency Bid,” The New York Times, February 19, 2019.

Anne Frank Remembered

While studying at Yale, I took a seminar on documentaries following two other, more pertinent film courses on narrative itself. I even took a preaching seminar on story-telling. The documentary choice was off my trajectory. The opportunity cost was large, considering that I was otherwise taking courses in Yale’s better-reputed humanities fields of philosophy of religion, theology, and history. Now perhaps my excursion into the documentary genre can bear some fruit, for I analyze here the documentary, Anne Frank Remembered (1995). The strength of this documentary I take to be its reliance on witnesses even at the expense of narration to tell the story. People could say with definiteness what had happened to Anne Frank since she and her sister and parents left Amsterdam. Their journey evinced the mentality of the Nazis as one not just as dehumanizing the Jews, but as treating them worse than livestock. Even when Nazi Germany was losing the war, the Nazis foreswore the use-value of the Jews starved or gassed.

The full essay is at "Anne Frank Remembered."

Jesus' Teaching on Love beyond Morality in Human Relations: The film "Forsaken" Falls Short

In an interview on the film, Forsaken (2015), Kiefer Sutherland remarks that the film is black and white in terms of the bad and the good guys. In other words, the film is a classic western. James McCurdy wears the “black” hat, while Rev. Samuel Clayton, played by Donald Sutherland, wears the “white” one (even though his clergy-wear is entirely black).  However, Samuel is hardly very nice, or forgiving, to his son at first. 

On the other side of the dichotomy, Brian Cox, who played McCurdy, said in an interview that his character has the virtue of business sense in that the man buys up area farms, albeit by ruthless means, because he anticipates that the anticipated railroad would drive up land prices. Nevertheless, that McCurdy is willing to take the risk does not justify killing farmers who refuse to be bought out. Michael Wincott, who played Dave Turner—McCurdy’s hired hand, said in an interview that he didn’t see McCurdy as at all grey; rather, his own character and John Henry Clayton, the reverend’s son, are grey in that both try to resist killing; they both know better and attempt to resist the temptation. Even such nuances from the traditional “black and white” western do not go far enough in describing the de facto religious complexity in John Henry. In fact, the screenwriters did not go far enough to capture a truly Christian response to even one’s enemies. Hence I submit that the film gives a superficial gloss that belies just how far a Christian much go to follow the teachings of Jesus.

The full essay is at "Forsaken."

On the Various Causes of the Financial Crisis of 2008: Have We Learned Anything?

In January, 2011, the Financial Crisis Commission announced its findings. The usual suspects were not much of a surprise; what is particularly notable is how little had changed on Wall Street since the crisis in September of 2008. According to The New York Times, "The report examined the risky mortgage loans that helped build the housing bubble; the packaging of those loans into exotic securities that were sold to investors; and the heedless placement of giant bets on those investments." In spite of the Dodd-Frank Financial Reform Act of 2010 and the panel's report, The New York Times reported that "little on Wall Street has changed." One commissioner, Byron S. Georgiou, a Nevada lawyer, said the financial system was “not really very different” in 2010 from before the crisis. “In fact," he went on, "the concentration of financial assets in the largest commercial and investment banks is really significantly higher today than it was in the run-up to the crisis, as a result of the evisceration of some of the institutions, and the consolidation and merger of others into larger institutions.” Richard Baker, the president of the Managed Funds Association, told The Financial Times, "The most recent financial crisis was caused by institutions that didn't know how to adequately manage risk and were over-leveraged. And I worry that if there is another crisis, it will be because the same institutions have failed to learn from the mistakes of the past." From the testimonies of managers of some of those institutions, one might surmise that the lack of learning in the two years after the crisis was due to a refusal to admit to even a partial role in crisis.  In other words, there appears to have been a crisis of mentality, which, as it contains intractable assumptions and ideological beliefs, as well as stubborn defensiveness, is not easy to dislodge such that legislation past Dodd-Frank could ever be passed.

Lehman was a particularly inept player leading up to the crisis.     Zambio

The full essay is at "Causes of the Financial Crisis."

Ivy-League Exclusivity: Political Ethics in The Yale Political Union

When I was a student at Yale, I was a member of the Party of the Right (POR) in the Yale Political Union (YPU). I was pretty much a libertarian back then, and the POR consisted of libertarians and Burkean traditionalists. The Burkeans dominated the positions, and they had their little club within the club to protect their prerogative. John Kerry, who would go on to be a U.S. senator and a presidential candidate, had been president of the YPU in 1968.  At least as of my student years at Yale, the YPU has consisted of several “parties,” which are really little debating/drinking societies spanning the ideological spectrum.  This is merely the surface, however. Beneath, Yale's culture of exclusivity reigned. Getting into Yale is just the first of several levels of greater and greater exclusivity. 

The full essay is at "Exclusivity in the Yale Political Union."

Western Banks Lending to Asia's Expanding Middle Class: Profit vs. Planet

In April 2013, debt levels in Asia were reaching record levels as international lenders were extending short-term loans to a growing middle class. Non-mortgage consumer credit in Asia outside of Japan had increased 67% from 2007 to reach $1.66 trillion by the end of 2012. This credit included credit cards and loans for cars, electronic products, and appliances. Outside of Japan, Asian car and motorcycle loans nearly doubled from 2007 to 2012, to reach a record $219.7 billion. Appliance and electronics loans also more than doubled, reaching a high of $10.9 billion. Meanwhile, credit-card loans grew by 90% to reach a record $234.1 billion, according to Euromonitor. The incentive for the banks is not difficult to fathom. At the time, more than half of the world’s middle class was expected to be in Asia by the end of the decade. That translates yearly into more than 100 million additional people per year. For the banks, this was an opportunity since at least the beginning of the decade because growth was not possible in the European Union and the United States on account of the financial crisis of 2008 and the ensuing European debt-crisis that extended well into 2013. The European Commission of the E.U. was also working on regulatory proposals that would limit the incentives of mortgage servicers to produce too many “bubble-creating” mortgages. 

So Western banks had an incentive to look east for fruitful markets. Interesting, government regulators in China, Malaysia, and Indonesia had began reining in mortgage, credit-card and auto/motorcycle lending, perhaps in fear of an Asian financial crisis. Had Western bankers learned their lesson, or were they unwittingly bringing their reckless mentality to Asia? Two levels of concerns can be extracted from this case. I contend that the more immediate concerns were crowding out attention that ought to have been paid to the larger, but longer-term, problems.

The full essay is at "Lending to China's Middle Class."

More people=More cars=More pollution    source: Businessweek

Decreasing Bank Size by Increasing Capital-Reserve Requirements: Plutocracy in Action?

Although the Dodd-Frank Financial Reform Act was passed in 2010 with some reforms, such as liquidity standards, stress tests, a consumer-protection bureau, and resolution plans, the emphasis on additional capital requirements (i.e., the SIFI surcharges) could be considered as weak because they may not be sufficient should another financial crisis trigger a shutdown in the commercial paperr market (i.e., banks lending to each other). A study by the Federal Reserve Bank of Boston found that even the additional capital requirements in Dodd-Frank would not have been enough for eight of the 26 banks with the largest capital loss during the financial crisis of 2008. As overvalued assets, such as subprime mortgage-backed derivatives, plummet in value, banks can burn through their capital reserves very quickly. A frenzy of short-sellers can quicken the downward cycle even more. This raises the question of whether additional capital resources would quickly be "burnt through" rather than being able to stand for long as a bulwark. The financial crisis showed the cascading effect that can quickly run through a banking sector as fear even between banks widens as one damaged bank impacts another, and another. 

The full essay is at "Manipulating Bank Size by Reserves."

Johnson’s “Reinvention” of JC Penney: Too Much and Too Little

In April 2013, JC Penney’s board wished the CEO, Ron Johnson, “the best in his future endeavors.” His effort to “reinvent” the company had been “very close to a disaster,” according to the largest shareholder, William Ackman. During Johnson’s time at the company as its CEO, shares fell more than fifty percent. In February 2013, Johnson admitted to having made “big mistakes” in the turnaround. For one thing, he did not test-market the changes in product-line and pricing-points. The latter in particular drove away enough customers for the company’s sales to decline by 25 percent. Why did Johnson fail so miserably?

The full essay is at "JC Penny Reinvented?"

Ron Johnson's short tenure as CEO of JC Penney was disastrous, according to Altman.   Source: Reuters

Is Modest Growth vs. Full Employment a False Dichotomy?

As Summer slid into Autumn in 2012, the Chinese government was giving no hint of any ensuing economic stimulus program. This was more than slightly unnerving for some, as a recent manufacturing survey had slumped more than expected, to 49.2 in August. A score of 50 separated expansion from contraction. A similar survey, by HSBC, came in at 47.6, down from 49.3 the previous month. Bloomberg suggested that China might face a recession in the third quarter. So why no stimulus announcement?  Was the Chinese government really just one giant tease? I submit that the false dichotomy of moderate economic growth and full employment was in play. In short, the Chinese government did not want to over-heat even a stagnant economy even though the assumption was that full employment would thus not be realizable.

The full essay is at "Economic Growth and Full Employment in China." 

Greek Austerity: Pressure on the Environment

“While patrolling on a recent cold night, environmentalist Grigoris Gourdomichalis caught a young man illegally chopping down a tree on public land in the mountains above Athens. When confronted, the man broke down in tears, saying he was unemployed and needed the wood to warm the home he shares with his wife and four small children, because he could no longer afford heating oil. ‘It was a tough choice, but I decided just to let him go’ with the wood, said Mr. Gourdomichalis, head of the locally financed Environmental Association of Municipalities of Athens, which works to protect forests around Egaleo, a western suburb of the capital.”[1] Tens of thousands of trees had disappeared from parks and forests in Greece during the first half of the winter of 2013 alone as unemployed Greeks had to contend with the loss of the home heating-oil subsidy as part of the austerity program demanded by the state’s creditors. As impoverished residents too broke to pay for electricity or fuel turned to fireplaces and wood stoves for heat, smog was just one of the manifestations—the potential loss of forests being another. On Christmas Day, for example, pollution over Maroussi was more than two times the E.U.’s standard. Furthermore, many schools, especially in the north part of Greece, had to face hard choices for lack of money to heat classrooms.

Greek forests were succumbing  in 2012 to the Greeks' need to heat their homes as austerity hit.   source: Getty Images

Essentially, austerity was bringing many people back to pre-modern living, perhaps including a resurgence in vegetable gardens during the preceding summer. At least in respect to the wood, the problem was that the population was too big—and too concentrated in Athens—for the primitive ways to return, given the environment's capacity. 

The full essay is at "Greek Austerity and the Environment."

1. Nektaria Stamouli and Stelios Bouras, “Greeks Raid Forests in Search of Wood to Heat Homes,” The New York Times, January 11, 2013.
2. Skip Worden, God's Gold, available at Amazon. 

Behind Cameron's Referendum on Britain's Secession from the E.U.

Governors of other E.U. states reacted quickly to David Cameron’s announcement that if his party would be re-elected to lead the House of Commons, he would give his state’s residents a chance to vote yes or no on seceding from the European Union. The result would be decisive, rather than readily replaced by a later referendum. Cameron said the referendum would also be contingent on him not being able to renegotiate his state’s place in the Union. This renegotiation in particular prompted some particularly acute reactions from the governments of other “big states.” Behind these reactions was a sense that the British government was being too selfish. This was not fair, I submit, because the ground of the dispute was on the nature of the E.U. itself as a federal system. 

David Cameron, A former PM of Britain

The full essay is at "Britain in a Confederation?"

Second-Term Inaugural Addresses of American Presidents: Of Transformational or Static Leadership?

According to a piece in the National Review, “George Washington might have had the right idea. Second inaugural addresses should be short and to the point. Of course, speaking only 135 words as Washington did in 1793 might be a little severe.”[1] Consider how short, and (yet?) so momentous Lincoln's Gettysburg Address was. The challenge for second-term-presidents, whether Barack Obama or the sixteen two-term presidents before him, is “how to make a second inaugural address sound fresh, meaningful and forward-looking." Almost all of Obama’s predecessors failed at this. Only Abraham Lincoln and Franklin D. Roosevelt made history with their addresses. One stirred a nation riven by civil war; the other inspired a country roiled by a deep depression. All but forgotten are the 14 other addresses, their words having been unable to survive the test of time. Even those presidents famed for their past oratory fell short.”[2] This is a particularly interesting observation: surviving the test of time being the decisive criterion. Even a president whose silver tongue mesmerizes a people of his or her time may not deliver ideas that survive beyond being a cultural artifact of the president’s own time. What of an address that is quite meaningful in its immediate time yet does not pass the test of time so as to be recognized as a classic? 

The full essay is at "Inaugural Addresses: Of Leaders?"

1. George E. Condon, Jr., “The Second-Term Inaugural Jinx,” National Journal, January 20, 2013.
2. Ibid.

Increasing Income Inequality in the U.S.: Deregulation to Blame?

Most Americans have no idea how unequal wealth as well as income is in the United States. This is the thesis of Les Leopold, who wrote How to Make a Million Dollars an Hour. In an essay, he points out that the inequality had increased through the twentieth century. His explanation hinges on financial deregulation. I submit that reducing the answer to deregulation does not go far enough.

The full essay is at "Increasing Income Inequality."

Les Leopold, “Inequality Is Much Worse Than You Think,” The Huffington Post, February 7, 2013.