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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 05:19 PM
Original message
The Most Vital Ingredient in Wall Street Reform Goes Missing



The Most Vital Ingredient in Wall Street Reform Goes Missing
By Pam Martens
Pam Martens worked on Wall Street for 21 years; she has no security position, long or short, in any company mentioned in this article
March 27, 2010

Last Fall, it was all about the wall: financial bigwigs like former Federal Reserve Chair Paul Volcker, former Citigroup co-CEO John Reed, Governor of the Bank of England, Mervyn King, all espoused reestablishing the legal barrier between the derivatives casino that masquerades today as Wall Street and commercial banks holding insured deposits.

It made good sense: the wall goes up in 1933, America becomes the premier financial center for 66 years. The wall comes down in 1999, the financial system collapses exactly 9 years later with the precise characteristics of the massive Wall Street swindles that occurred in the late 1920s when there was also no wall.

But the wall has now gone missing in the current financial reform bill advanced out of the Senate Banking Committee by its Chairman, Senator Christopher Dodd. Equally noteworthy, the historic 1933 legislation that built the essential wall between flim-flam securities salesmen and Aunt Tilly’s insured bank account, commonly known as the Glass-Steagall Act, has gone missing itself from the internet. To underscore how extraordinary this is, if you put “Glass-Steagall Act” in the Google search box, it brings up 220,000 hits. And, yet, it is next to impossible to find the actual text of the legislation on the internet.

The similarity of the dynamics of the 1929 crash and the 2008 crash is reflected in this passage from the Senate Committee on Banking and Currency in 1934, Report No. 1455:

“The Banking Act of 1933, enacted on June 16, 1933, was promulgated to effect a complete severance of the commercial and investment banking functions and to eradicate many of the abuses disclosed at the hearings before the Senate subcommittee…The hearings disclosed, on the part of many bankers, a woeful lack of regard for the public interest and a proper conception of fiduciary responsibility. Personages upon whom the public relied for the guardianship of funds did not regard their position as impregnated with trust, but rather as a means for personal gain. These custodians of funds gambled and speculated for their own account in the stock of the banking institutions which they dominated; participated in speculative transactions in the capital stock of their banking institutions that directly conflicted with the interest of these institutions which they were paid to serve; participated in and were the beneficiaries of pool operations;… availed themselves, as directors of private corporations, of inside information to aid them in transactions in the securities of these corporations; caused to be paid by the banking institutions to themselves excessive compensation; had voted to themselves participations in management funds and substantial pensions; and resorted to devious means to avoid the payment of their just Government taxes…Far from having a detrimental, subservice effect upon the banking institutions of the country, the investigation performed the wholesome function of exposing the ills and evils of banking conditions and the perpetrators of these wrongs, with a view to the elimination of both the undesirable practices and personalities.”

Senator Dodd, members of Congress, you know what you have to do. Put back the wall, then on to real Senate investigations under oath.

Read the full article at:

http://pdamerica.org/articles/news/2010-03-27-14-54-30-news.php
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earth mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 05:24 PM
Response to Original message
1. K & R & Bookmarked. nt
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anigbrowl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 05:36 PM
Response to Original message
2. I call BS
"Senator Christopher Dodd. Equally noteworthy, the historic 1933 legislation that built the essential wall between flim-flam securities salesmen and Aunt Tilly’s insured bank account, commonly known as the Glass-Steagall Act, has gone missing itself from the internet. To underscore how extraordinary this is, if you put “Glass-Steagall Act” in the Google search box, it brings up 220,000 hits. And, yet, it is next to impossible to find the actual text of the legislation on the internet."

RUBBISH.

I cut and pasted 'glass-steagall act' into Google. top result: Wikipedia (http://en.wikipedia.org/wiki/Glass%E2%80%93Steagall_Act). Scroll to bottom, click on 'full text of glass-steagall act' and it takes you right to archive.org, from where you can download a .pdf: http://www.archive.org/details/FullTextTheGlass-steagallActA.k.a.TheBankingActOf1933

total time: about 20 seconds. I found multiple other copies on various law and economics websites.

I think putting it back in place might be quite a good idea, or at least worthy of careful examination (rather than simply treating it as an all-or-nothing proposition).

Missing from the internet my ass.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 05:42 PM
Response to Reply #2
3. On what date was the link added?
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anigbrowl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 05:59 PM
Response to Reply #3
5. Years ago
I have no desire to go over the wikipedia page history with a magnifying glass, but I did a pile of research on the subject for an economics paper back in 2008 and it hasn't changed substantially. Bear in mind that it had been repealed for several years before Wikipedia even existed.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 07:02 PM
Response to Reply #5
7. Prove it. So you really don't know if it was added before or after the article. Is that right?
Edited on Tue Mar-30-10 07:02 PM by Better Believe It
And yet you have no problem attacking the article and the author?
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anigbrowl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 08:20 PM
Response to Reply #7
8. OK, here's a link for you
It's been up on wikisource since 2009.
http://en.wikisource.org/w/index.php?title=United_States_Code/Title_12/Chapter_3/Subchapter_I&oldid=1219911

...not to mention multiple other places, including the website of the st Louis Fed (which maintains a vast document library) the house.gov website, or any online law library.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 08:40 AM
Response to Reply #8
11. That's an evasion of the question. When was the wikipedia link posted?

I clicked on the wikipedia link and a date is not shown and the link doesn't connect to your wikisource.

So why not be honest and just admit that you don't know the answer to the question and that the wikipedia link could have been posted after the article was written?

Instead of doing that you seem relentless in your campaign and attacks on the article and writer.
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JoeyT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 11:34 AM
Response to Reply #11
12. The writer is wrong.
Try "Banking Act of 1933" or "Emergency Banking Relief Act of 1933"
First page brings up this: http://tucnak.fsv.cuni.cz/~calda/Documents/1930s/EmergBank_1933.html
Which was last updated in 2002.

I agree with everything else the author said, though.
Funnily enough, while I was hunting the full text, I came across the http://www.nytimes.com/1999/11/05/business/congress-passes-wide-ranging-bill-easing-bank-laws.html?pagewanted=1">New York Times archived article talking about how awesome repealing it was and pointing out that some dirty hippie naysayers were pissing and moaning about how it would collapse the economy. "Point at them and laugh kids!" Hindsight FTW.
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Better Believe It Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 12:10 PM
Response to Reply #12
13. So the writer lied saying it was difficult to find a link and told the truth about everything
else.

Whatever.
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anigbrowl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 01:59 PM
Response to Reply #13
16. I don't even think the writer lied
I think she just got a bit carried away by 'teh drama' - to the extent that she spent half her article talking about the quest she had to go through to find it. If she simply wanted the text of the act, it was easy to find in a wide number of pages. I can't help wondering if it was her insistence on finding a digital facsimile copy (of the way it looked back in 1933, with old-fashioned printing and typefaces etc.) that gave her problems.

Then, after all these complaints about how hard it was to find, she says she doesn't want to give the link out in case wall street buys up her archive source...apparently in the belief that Wall Street has the resources to make it disappear from everywhere on the internet, but not to find the one...remaining...copy!!! Call Nicholas Cage - I think we've got the plot for National Treasure #! and the best part is we don't need any expensive sets, it can all take place in front of a desk with a computer!

Look, this is fine stuff from a feature journalism point of view - it adds some spice and excitement to what is a boring and academic subject for most people outside of the finance world. but I don't think it's very informative for the serious reader, and that's why I called BS on it in the first place. The overly-dramatic approach pisses me off - and it's not because I disagree with putting G-S back, I said from the beginning that that or something like it would probably be a good idea. The reason it pisses me off is that it confuses people and results in time wasted with people running about repeating unfounded conspiracy theories, which other people then have to spend time refuting, instead of talking about the actual issue of what banking law should be. As an example, I'm going through the exact same phenomenon at the moment with a bunch of libertarian business types, over a different part of this same bit of legislation. Let me explain.

There's a provision in Senator Dodd's proposed reform bill for the financial industry that could affect the way people who are well off but not very rich (eg worth more than a million but less than $2 million) would be allowed to invest in small private companies. If the minimum limits to qualify as an investor (as defined by the SEC) change, then some people wouldn't be able to invest in small businesses that they might want to support, and that would be hard for people starting small businesses who were looking for a little bit of money to get off the ground. The business people in question are folk who operate or invest in small software/internet companies, or would like to. they're really worried the Dodd bill will stop a lot of small companies in their tracks by making too hard to find money.

The bill does not actually change the rules, it just tells the SEC to re-examine them (as part of a top-to-bottom approach to reform) and consider whether the monetary thresholds for becoming an investor should be adjusted for inflation, which they haven't been for 30 years. Those rules are actually not specifically set up to deal with little internet businesses; they mainly exist to make sure people don't get fleeced by shady Bernie Madoff types encouraging them to invest in strange financial companies, and to make the rules simple enough for small businesses that they can raise some money without spending a fortune on lawyers (as was the case before these rules were created).

As you can see, it's sort of a complex issue (you should not form an opinion based on this very short summary). And it happens the Senator Dodd's bill acknowledges this and doesn't tell the SEC what to do, it just asks them to re-assess how well (or badly) those rules are working, given that we just had a big financial crisis. It's also true that some of the objections from investors and founders of small businesses are quite sensible - so it's possible the SEC will listen to them and make only minor changes.

BUT - and here's where it ties in with the article in your OP - as more and more people start talking about this on the net, the articles have successively fewer facts, less accuracy, and more and more bullshit drama. The first articles were like 'I don't think this one bit of Senator Dodd's bill is a good idea and here's why' and about two weeks later I'm seeing articles like 'OMG Evil senator Dodd wants to crush small business because he's a SOCIALIST'. I know the people who are writing these articles. They're not part of any big right-wing conspiracy or getting orders from Rupert Murdoch. they're just worried that their business could end up getting hurt by this change and some of them have gotten quite carried away by their worries and become paranoid. they're not lawyers, they find investment regulations confusing and intimidating to begin with, and so their fears get the better of them.

Although nobody intended it this way, the net result is that there's a mini-conspiracy theory floating around the net now that Dodd and the Democrats are out to destroy small business, or nationalize it, or something. It's total BS, but it's based on anxiety and ignorance rather dishonesty and malice. I've spent a lot of time over the last week debunking it and trying to calm down these small business owners and investors so it doesn't turn into a full-size conspiracy theory and end up as the subject of a Glenn Beck show or something like that.

that's why drama pisses me off. When discussion of a serious subject is mixed up with too much drama, people focus on the drama rather than the serious subject, and that is a big, big reason we often get stuck with bad legislation.

There are lots of good factual arguments to put Glass-Steagall back in place, or some similar rule which would re-establish the line between commercial and investment banking. Both kinds of banking services are useful and valuable, but letting them join up at the same company has resulted in a lot of problems. It was a mistake for Clinton to allow it. If we want to get that added back into senator Dodd's fiscal reform bill, and I think we probably should, we need to use fact-based arguments, and not drama about internet conspiracies.

Here's another article that talks about the same issue as your OP, with less drama but a lot more useful information if you really want to learn about the issue: http://thestrangedeathofliberalamerica.com/bill-clinton-glass-steagall-and-the-current-financial-and-mortgage-crisis-part-two-of-an-indepth-investigative-report.html
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JoeyT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 05:52 PM
Response to Reply #13
17. I wouldn't call it a lie, it is inaccurate, though.
It took me less than a minute to find that.
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anigbrowl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 12:48 PM
Response to Reply #11
15. I neither know nor care
Do you really expect me to step through several thousand revision history pages in search of it? If so, then think again, or offer up some suggestion about how to search wiki revision history so as not to check the revisions one at a time.

'Instead of doing that you seem relentless in your campaign and attacks on the article and writer.'

Campaign!? I called BS on one specific assertion the writer made, that the text of the glass-steagall act is somehow 'missing from the internet'. I said nothing whatoever about her character - I just thought her assertion about this was misleading and overdramatic. I also acknowledged her suggestions about restoring the G_S act well have merit and were worth considering on their own merits.

If that's your idea of a campaign, then seek therapy. you're the one who seems to be on a crusade here.
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jgraz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 05:58 PM
Response to Original message
4. There's a lot missing from the current "reform" package
Like... any actual "reform".
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Donnachaidh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 06:06 PM
Response to Original message
6. Dodd won't do shit -- he's got his future as a lobbyist to think about.
Anyone with three functioning brain cells knows that Dodd is there to cover the most heinous stuff from ever seeing the light of day.

He's got his future career to think about. :sarcasm:
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Greyhound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 08:35 PM
Response to Reply #6
9. Afraid you're right. n/t
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 08:39 PM
Response to Original message
10. Thanks for this.
Spot on.
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amborin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-31-10 12:12 PM
Response to Original message
14. KNR
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