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OpEdNews Op Eds    H2'ed 12/7/18

Wall Street's Corruption Runs Deeper Than You Can Fathom

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Robert Scheer
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CS: Yeah, that's absolutely the case. But there's a couple of things that we need to keep in mind. I mean, I think that we're all sort of educated enough to know that, you know, where there's a will, there's a way. And so if a system can be corrupted, people that are allowed to grab hold of power will corrupt it -- insofar and only for so long as we allow those people to have the ability and the power to corrupt it. So ultimately, talking about more or less rules, or different rules, is productive only to a point. Because ultimately what we're talking about here is the haphazard, slap on the wrist, failure to truly enforce the rules and regulations equitably across the system. And that creates the imbalances that you see, for example, in Goldman Sachs, and that you see in the system in general. One of the things that happened as a result of Glass-Steagall coming down was that a lot of the investment bankers were allowed to take over the commercial banks. And those investment bankers knew nothing about banking, and Goldman is a great example of that. I mean, when I arrived three years in after the financial crisis, what was one of the things that was very shocking to me was going into meeting after meeting with Goldman senior management and hearing them lie, doublespeak, and most shockingly of all, insist that they didn't have to comply with the law. And that is a problem. Because a bank that doesn't believe, or management at a bank that doesn't believe they have to comply with the law -- you bet they are not supervising their employees correctly, and they're not incentivizing employees correctly in terms of how to do their job. So their behavior is injecting enormous risk into the system.

RS: Why should they think they should comply with the law when they got the law written and they could get it rewritten? I mean, after all, the treasury secretary, who pushed in the Clinton administration, right, to get rid of this restraint of Glass-Steagall and allow companies like Goldman Sachs to cross that line, was Robert Rubin. And he had been a top executive at Goldman Sachs. In fact, people used to refer to it as Government Sachs, that they had people all over the government, and it was a revolving door. And I want to point out that what you did, which was really unique -- you had the guts to record these conversations. When you finally got to have your say before Congress, you could be backed up because you had the record. And tell us about that record. The conversations you recorded are absolutely chilling in describing an atmosphere of cynicism; you know, corruption; contempt, actually, for the political process and for restraint and regulation.

CS: Yeah. And I would sort of add that part of what the book sort of points out is that I didn't really get my say. I mean, Congress did hold a hearing, but they did not invite me to testify. They didn't want to hear what I had to say. And so I think what we have in terms of this story is really not just a failure of the banks and the regulators, but also a failure of our prosecutors. I mean, a lot of the statutes that could be used -- criminal statutes, even, that could be used to hold these executives accountable are not being used, and they have not expired; we could have prosecutors holding these people accountable. We could have trial lawyers filing cases and holding these people accountable. Yet we can't count on them to do it; we can't count on the judiciary to do anything about it. I mean, when you read about what happened in my case in the book, it's tragic, you know? It's unbelievable.

RS: Tell us about that. Because you had a judge who was actually deep into this system who threw your case out.

CS: The case was assigned to a judge who was friends with the attorney, I had worked with the attorney that represented the Fed. And then two days before dismissing the case, she revealed that she was married to someone who represented Goldman Sachs for a living. So, yeah, there you go. [Laughs] I mean, it's almost impossible in terms of successfully blowing the whistle. But going back to your question with respect to the recordings and having a say, I think the question that we need to be asking ourselves is this: the Federal Reserve Bank of New York, and the Federal Reserve in general, is tasked with supervising the banks. They have recorders. They have the law on their side. New York is a one person consent state. Banks, private banks, habitually record everything that goes on inside the bank, and they do it for good reason. Because they do it to stop and prevent fraud, among employees and by anybody that walks in the door. Why is the Federal Reserve not recording these executives? Why are they not preserving evidence? I think that is the question that we need to be asking ourselves. You know, what I did was not special. What I did is what the Fed should have been doing.

RS: Well, it was special in that [Laughs] -- come on! There have been a lot of witnesses to these crimes, really, and you're the lone voice from within that system that dared to speak up. And as I said, had you not been able to document it with these tapes, you would have been just dismissed as some kind of kook. The book is called Noncompliant: A Lone Whistleblower Exposes the Giants of Wall Street. You know, what is so important is nuance and language and attitude. And the people on Wall Street can affect the protection of manners and complexity. I remember Lawrence Summers testifying in Congress on why you had to get rid of Glass-Steagall, and he said "this is very complicated." And he said the same thing Alan Greenspan said: "These people know what they're doing," and so forth. It wasn't complicated. If the Mafia did it, you'd see right through it in five minutes. Right? You were bundling a bunch of lousy deals together with some good deals, and you didn't even know what was in there, and you sold them, and you got a phony insurance contract to back it up. And yet none of these people have been, gone to jail; very few, one or two have been prosecuted as kind of a scapegoat. But the book is a great story of an American heroine--but this is what everybody should do! [Laughs] I mean, the real issue about whistleblowers like yourself is why did it take you? Where were the other folks? How many people -- yeah, go ahead.

CS: Yeah, agreed. I think that's exactly right. You know, there's a number of reasons why I wrote the book. First of all, because I think it's an important contribution to the historical record. As to what is the systemic culture of corruption that exists in these regulatory agencies that are taking our taxpayer dollars and paying themselves handsome salaries to work against the American taxpayers. And then the second reason I wrote it is to incentivize people to come forward with their stories. I wasn't the only person who wanted to blow the whistle in terms of what was going on there. My circumstances were unique, and I sort of go through it in the book, in the sense that I was very lucky, for example, that the Fed refused to even negotiate the mandated settlement that they were supposed to negotiate with me. But they refused, and that allowed me to sue.

There's a number of people who have gone through the process and have been silenced by, you know, getting a monetary offer and signing a settlement agreement. And we don't hear about them because they are forced not to talk. What I sort of thought about was, you know, this is just a unique -- you know, I didn't ask to be in this situation, but I felt it was my civic duty. Because I do think that we need more people to really think about how in their daily lives, they can stop rewarding bad behavior. We live in a culture where we reward bad behavior, we worship bad behavior, and it's something that needs to stop, you know.

Changing the culture, the regulatory culture on the U.S. governmental level is something that's going to take a decade, maybe two. And we need to start now, before things get worse. We are not in the best-off of situations as a country; you know, we have what seems like an economic boom, but it's really just a debt-fueled economic boom that is going to be temporary. And it's very tough to fix these types of cultural issues, system issues, when the hurricane of the next financial crisis hits. We need to fix it now, while we still have a semblance of peace, while we still have the sun shining. And we don't know how much longer that's going to be. I hope it's long enough to fix it. I hope that people are inspired to come forward and to think about how to make a difference in their daily lives. You know, because we need to start thinking of raising children and raising adults that are incentivized in their daily lives to reward good behavior. I think that until we create a critical mass of Americans that in their daily lives refuse to reward bad behavior, we're not going to see real systemic change.

RS: Well, we'll see change. It might not be good change. I mean, you have Donald Trump -- and I want to put some oomph behind this, that it's bipartisan. Because one of the -- you know, everybody, a lot of people I know are very upset about Donald Trump. He's speaking to what Hillary Clinton calls the "deplorables"; but there's a lot of people hurting out there. And if you read a study done by the Federal Reserve of St. Louis about the consequence of this economic meltdown that was engineered from places like Goldman Sachs, the human cost was incredible. I mean, people lost everything. They weren't bailed out. There was no mortgage relief. They were not helped. The banks were bailed out. And yet no one has been held accountable, and the politicians, democrats and republicans, who supported it, have gotten off scot-free.

CS: Yeah, I think you're absolutely right. This is not a democratic problem, this is not a republican problem. This is an American problem with worldwide impact. The U.S. dollar is a reserve currency. The world depends in large part on the American banking system to work. And for it to work, there are these rules, and these rules are there to create trust in the system and to create smooth processes in the system, so that money can be moved and the economy can continue to grow. If the world can no longer trust the American banking system because Americans cannot be trusted to regulate it, they are going to move away from the American banking system. They are going to move away from the U.S. dollar as a reserve currency. And then we are going to find ourselves in the situation that a lot of countries that are not governed by reserve currencies find themselves occasionally, from time to time, whenever they have a crisis. You know, we're talking about countries in Latin America; we're talking about countries in Africa; we're talking about countries in Asia.

I hope the book will inspire people to really take a look around and realize, you know, the American consumer, the American worker, is incredibly powerful. You know, these banks cannot survive without our money. We don't have to wait for the government to keep failing us; we don't have to wait for the judiciary to keep failing us; we don't have to wait for lawyers to keep failing us. We choose who we work for. We choose where we keep our money. We can choose to protest. We can choose to call our pension funds and tell them, I want you to stop doing business with Goldman Sachs. It's what we do on a daily basis. When we stand up and we say, I am not going to be banking with these people -- they will listen. It's like, they control all of these other checks and balances that were put in place in terms of the government to stop them. So now it's up to us as a people to actually do something about this.

RS: Let me take a break. And I've been talking to Carmen Segarra, who is actually the lone honest person from within the banking system that I know of who really took the story of what these people were doing, and swindling the American people, and fortunately documented it with tape recording -- as they document everything; if you call the bank for information, "your conversation will be recorded to make it more efficient" -- well, she turned the table on that, had the record. The book is called Noncompliant: A Lone Whistleblower Exposes the Giants of Wall Street. [omission for station break] I'm not going to be able, in the time that I have here, to do justice to this book, because the devil is in the details. I want to talk about some people who did speak up. I mentioned Brooksley Born, who was this brilliant member of the Clinton administration who got pushed out for speaking up. But when the pressure came down after the Great Recession, and the banks had to be questioned, they at Goldman Sachs turned to a Columbia University finance professor, David Beim. And he did a report. He had access to everything, he did this incredible report. We only know about it because it showed up in some footnote somewhere. And by the way, I haven't given enough credit here to the people who have helped break this story. ProPublica, who did a really terrific job on it, and the NPR show This American Life, which really did a great job. So there has been really good reporting. As you pointed out, it was absolutely shameful that Congress did not really take testimony from you; you were there as an observer -- I think in a red dress, to be noticed. [Laughs]

CS: Yes. Well, you know, red is the color of martyrs.

RS: And so I want to ask you about that. Before you even went there, this guy David Beim had done a study. And William Dudley, the president of the bank, didn't even respond. He said thank you, they looked at the -- and they never responded to the criticisms in that study, which were devastating. Of how the bank was operating.

CS: Yeah, but that's how the Federal Reserve Bank of New York operates. And that's, curiously enough, also how Goldman Sachs operates. They say one thing and do another. If you want to know what they're doing, just flip it, right? I mean, if they're asking for a report, that means that they plan to do nothing about it. And you know, the book sort of walks you through the story of how they played at this game of pretending to clean up the regulatory issues. I mean, the joke really was on us, the new regulators that were brought in from the industry to actually clean up the problems that were there. None of us are there at the Fed anymore. Every single one of those people that I talk about that validated my story, they're gone. And they are gone under different circumstances, some in good standing, some in less good standing, but the point is they're all gone. Because the purpose of bringing us in was not really to change things, it was to ensure that they had a smoke screen and a story to feed the press, that they would print, saying that they had indeed fixed this. And there was nothing else there to see.

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Robert Scheer is editor in chief of the progressive Internet site Truthdig. He has built a reputation for strong social and political writing over his 30 years as a journalist. He conducted the famous Playboy magazine interview in which Jimmy (more...)
 

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