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Nov 20, 2009
Suicides in the downturn raise worries about recession’s real cost
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 / The Elkhart TruthElkhart County Coroner John White holds a folder for Debra K. Gibbs who committed suicide on June 23. White expects the suicide total for 2009 to be higher than normal and attributes the increase to the tough economic times.
JoNel AlecciaHealth writer
updated 1:54 p.m. CT, Mon., Nov. 9, 2009
ELKHART, Ind.—

Coroner John White is presiding over a sad tally in this northern Indiana county, tracking rising numbers of suicides he believes are linked to the lingering recession.

Rumors of an economic recovery may be whispered elsewhere, but here, where the downturn remains entrenched, 22 people have killed themselves this year, and two more cases were likely suicides, outpacing the county's annual average of 16 self-inflicted deaths.

In more than a quarter of the cases, White said, distress caused by job loss or financial failure was cited as the last straw.

“We have a real problem,” said White. “They left notes specifically stating that the reason they did this was because of the economy.”

Debra K. Gibbs, a 54-year-old homemaker in Goshen, in Elkhart County, didn’t leave a note. Instead, she simply sent her worried daughter out for soda pop on a summer morning — and then shot herself in the head.

Despondent over a pending home foreclosure and mounting bills, Gibbs took her life on June 23, the day after crews came to repossess her 2007 Chevy Malibu, the last purchase she’d made together with her late husband, Sam.

“She was doing everything she could to hold onto what was hers,” said Gibbs’ daughter, Rebecca Filley, 30, of Cassopolis, Mich. “This was a vivacious, very strong woman, and she was taken to her knees because of money.”

Spikes in Elkhart and elsewhere
The rise in suicides is alarming not only in Elkhart, which has been in recession since December 2006, but also in other regions of the country that also entered the downturn early, making this county of less than 200,000 a potential harbinger of similar deadly increases.

Federal figures on suicides during the current recession won’t be available for at least two years because of a lag in the way the deaths are collected and reported.

And, historically, only a slump of the magnitude of the Great Depression has had any overall effect on the nation’s suicide rates, which hovered in 2006 at 11.1 deaths per 100,000 people, totaling about 33,300 people a year, according to the American Association of Suicidology.

But in some U.S. communities that went into recession as early as 2005 or 2006, the ongoing crisis has been accompanied by a worrisome rise in suicide deaths. These spikes in suicides are especially notable because in most of the places hardest-hit by the recession, populations either held steady or dropped, census figures show.

“Everyone needs to be more aware with the stresses of 17 percent to 18 percent unemployment,” noted White, the Elkhart coroner. “Everyone really needs to be aware of what’s going on.”

Suicide experts say the reasons for taking one’s own life are complicated, and can’t be attributed to a single factor.

While there hasn't been a link between suicide rates and recent national recessions, which are declared based on many factors, there is a link with circumstances that come along with a recession, such as unemployment and home foreclosure, said John L. McIntosh, a professor of psychology at Indiana University at South Bend who researches suicide trends. Individually, people who’ve lost jobs commit suicide at rates two times to four times as high as those who are employed, the suicide association notes.

Medical and law enforcement officials who’ve watched the rise of suicides in their own communities say they can’t help but see a link with the downturn. “We’ve had many situations where people lost their jobs and that was the reason for why they do what they do,” said Sheriff Mark A. Hackel of Macomb County, Mich.

In that county of about 830,000, 81 people on average committed suicide each year between 1979 and 2006, records from the federal Centers for Disease Control show. But the figure jumped to 104 in 2008 and to 178 in the first seven months of 2009, a rise that has left Hackel’s deputies scrambling to respond to near-daily calls about suicide attempts.

In a county where unemployment still tops 18 percent, nearly twice the national rate, Hackel said he expects the trend to continue.

“I try to be hopeful, but I have a feeling we’re going to be dealing with this for a long time,” Hackel said.

Data on every U.S. county
You can see the suicide rate for U.S. counties for 1979-2006 in these PDF files:

  • an alphabetical list of counties
  • a ranking of counties by suicide rate
  • year-by-year suicide figures for each county
  • Foreclosure notice triggers tragedy
    In Columbiana County, Ohio, a rural community of about 108,000, the number of suicides has averaged 12 a year since 1979, according to the CDC. Suicides jumped to 14 in 2007 and to 21 in 2008. By June, there already had been 11 suicides in 2009, a spokesman for the coroner’s office said.

    Image: Betty J. Lipply and her great-granddaughterBetty J. Lipply of East Palestine, Ohio, celebrated the preschool graduation of her great-granddaughter, Angel Munzek, 4, in 2007. Lipply, 72, hanged herself in January 2009 after learning she would lose her family home to foreclosure.

     

    That tally included Betty J. Lipply, 72, of East Palestine, Ohio, who died Jan. 24, within days of receiving a foreclosure notice on the house her husband had built himself for their retirement. A family lawyer said she used an electrical cord to hang herself from a support beam in the garage.
    /courtesy of Sherrie Blum

    “She just had to have been so depressed that no one knew just how severe it was,” said Lipply’s daughter, Sherrie Blum, 52, of nearby Darlington, Pa. “This was not my mom. Her family was her life.”

    Robert B. Holman, the lawyer, said Lipply and her husband, Robert Lipply, also 72, were victims of a predatory lending scheme that used an inflated appraisal to authorize a home loan that the Lipplys could not repay. Holman filed a lawsuit on the couple’s behalf, but said the action is languishing in county court.

    Blum blames the finance officials who approved the loan for her parents’ financial situation — and for her mother’s death.

    “It’s been very hard on me. I’ve lost my best friend,” she said. “It upsets me, the fact that people do this to the elderly and then just take total advantage of them.”

    Another Michigan community, Kent County, with a population of about 605,000, went into recession in September 2006. The county posts an average of about 47 suicides per year. But in 2008, there were 66 suicides, and in the first seven months of 2009 alone, there already had been 41 suicides, records showed.

    Since then, it’s continued to go higher, reported Dr. Stephen D. Cohle, a forensic pathologist and the county’s chief medical examiner, rising to 57 suicides by the end of September, when the jobless rate was nearly 12 percent. In at least seven of the cases, there was some indication that the deaths were related to unemployment or financial trouble.

    “It’s going up, and it does certainly correlate with the bad economy,” Cohle said.

    They included an unemployed 52-year-old Sparta, Mich., man who hanged himself on New Year’s Day because he was “despondent over financial stress,” according to a case report. A 45-year-old Grand Rapids man shot himself in June after telling family members he was overwhelmed with credit card debt. And a 31-year-old Kentwood, Mich., man hanged himself in August in the wake of a home foreclosure and looming bills.

    Economy only one factor
    In many of those cases, however, the people who died by suicide suffered from depression and other emotional ills in addition to having financial problems, Cohle noted.

    That’s an important point emphasized by suicide experts, who say it’s too easy to blame a slumping economy for the rise in deaths. McIntosh, the psychology professor at Indiana University at South Bend, says economic pressures simply increase the pool of people vulnerable to suicide.

    “There are more of them that are closer to the edge,” he said.

    Typically, a combination of conditions and events — depression combined with difficult personal relationships combined with a job loss, for instance — is what drives people to take their own lives.

    Click for related content

    “It’s an accumulative effect,” said Cathy Blum, a counselor in Elkhart who often works with people at risk for suicide and with the families of victims. “It’s like you have a glass of water and you’re dripping drops of water into and then it spills over. Perhaps unemployment is the final drop.”

    While the impact of economy-related suicide on victims and their families is profound, detecting the effects on the larger society is difficult. An msnbc.com analysis of suicide data and economic data in U.S. metropolitan areas between 1994 and 2005, the period for which records were available for both economic factors and suicides, found no correlation between recent economic downturns and self-inflicted death.

    That’s a conclusion shared by experts, including the American Association of Suicidology. Suicide rates did increase during the Great Depression, rising to a rate of 17.4 suicides per 100,000 people, but subsequent recessions have shown no clear association.

    Could this recession be different?
    But this recession could change that, McIntosh said. The depth and the breadth of the current downturn might be strong enough to nudge the national figures above the 2006 figure of 11.1 deaths per 100,000 people, he suggested.

    “My guess is that it will be 12 or 13 by the time we’re done,” he said. “If it went up 1 per 100,000 or even 2, that would be a significant change.”

    Worries about a national rise in suicide are shared by government officials who’ve been tracking suicidal tendencies — and trying to prevent deaths. A sharp rise in calls to suicide hotlines this year — from about 39,000 calls in January to 57,000 calls in July — prompted an infusion of more than $1 million in additional money to fund up to 20 crisis centers facing the biggest upticks.

    About 30 percent of the increased calls were related to economic problems, noted Richard McKeon, the lead adviser for suicide prevention for the Substance Abuse and Mental Health Services Administration, which helps pay for prevention.

    “Our best assessment is that there is a relationship between economic distress and suicide, but it’s a complex relationship, not one that we would over-simplify,” McKeon said.

    Preventing economy-related suicides requires the same skills and services as other suicide interventions, including 24-hour crisis lines, access to mental health counselors and to treatment programs to help with the drug and alcohol problems that often lead to suicide attempts.

    ‘What else can we be doing?’
    But in an economic crisis, cities, counties and state programs that provided such help are cutting back, McIntosh said.

    “I worry that people are trying to find places to cut their budgets,” he said. “There’s a great concern that we’re lowering our resources at the time we really need it.”

    That’s a worry in Elkhart County, where the most recent suicide on Oct. 3 brought the likely tally to 24, which ties the region’s record for suicide deaths in a single year. The record year was 2007, after Elkhart first dipped into recession.

    Crisis calls in the county are routed to a statewide hotline, because there isn’t enough money to staff a local line, noted Jim Smith, who coordinates a local suicide prevention coalition. People who’ve lost their jobs have usually lost health insurance, too, including coverage for mental health care.

    Smith retains a list of counselors who’ll see suicidal people quickly and, sometimes, without charge. Members of his group speak out in public, hoping to reduce the stigma of suicide and to increase awareness of the warning signs. But he acknowledges it’s an uphill battle.

    “We sit around and constantly ask: ‘What else can we be doing?’”

    No bailout for suicide victims
    People who’ve lost family members to suicides say what would have been most welcome is some last-ditch compassion from financial lenders.

    Rebecca Filley says her Elkhart County family is still reeling after the loss of her mother, Debra Gibbs. She acknowledged that her mother hid her financial problems in an effort not to burden family members and then failed to address the desperate situation until it was far too late.

    Click for related content

    But in a country where big-name financial firms received government bailouts when they were in trouble, Filley said she can’t understand why there wasn’t more help for her mom.

    “You’re talking about people who don’t have anything left and they’re taking away what little they have,” she said.

    For Sherrie Blum, who is dreading her first Thanksgiving without her mother, the loss is particularly difficult when she hears people talking about economic recovery.

    “I feel better as far as the people that have survived this and are able to go on,” she said. “But it don’t change for all the people that this has happened to. It’s not over for us.”

    Msnbc.com investigative reporter Bill Dedman contributed to this report.

    Back to top
    Faces of foreclosure
    • <b>The faces of foreclosure include Karla Funnell of Elkhart, Ind.</B> “I really ...
    • The faces of foreclosure include Karla Funnell of Elkhart, Ind. “I really miss living at that house, I really want to have that life again,” says Funnell, seen here on Sept. 25 admiring the home she had called hers for 18 years.

      Laid off from her job, eventually her unemployment benefits ran out and then she lost the home to foreclosure in 2007.

      After 30 years in the RV industry, Funnell, 52, now delivers pizza part-time and lives in a fifth-wheel camper with her son on her daughter and son-in-law's property.
      Looking back, Funnell says she might have been able to get a loan from family members had she told them sooner. Her advice: "Try to get help as soon as possible. Don’t be ashamed."
     
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Posted: Nov 20, 2009 7:30am
Nov 20, 2009

 

 
11/7/2009 11:47 AM
Lawyer: Fla. office shooting suspect mentally ill

By MIKE SCHNEIDER and ANTONIO GONZALEZ Associated Press Writers


The engineer accused of fatally shooting one employee and wounding five others at the firm where he once worked is "very mentally ill" and crumbled under the stress of his divorce, bankruptcy and unemployment, his attorney said Saturday.
 
Jason Rodriguez, 40, was ordered held without bail at the Orange County Jail, where he is under suicide watch after Friday's shooting. His mother also apologized Saturday, telling reporters she is "so sorry for everything that has happened."
 
"Sorry for the families involved. I'm really very sorry, it is very hurtful," she said.
 
Public defender Bob Wesley asked the judge at a brief court appearance Saturday that police and prosecutors have no contact with Rodriguez without his permission.
 
Wesley told reporters that Jason Rodriguez "is a very, very mentally ill person" who lost his emotional stability because of the deep financial problems he was having.
 
"This guy is a compilation of the front page of the entire year _ unemployment, foreclosure, bankruptcy, divorce _ all of the stresses," Wesley said. "He has been declining in mental health. There is no logic whatsoever, which points to a mental health case. It looks like a classic case of stress overload."
 
Employees at Reynolds, Smith and Hills recognized their former co-worker when he drew a handgun from a holster under his shirt, police said, and killed Otis Beckford, 26, next to a receptionist's desk in an office at a downtown Orlando tower. He then walked into the office and unloaded several more rounds, wounding five other employees at the company he had been fired from two years ago.
 
Rodriguez was taken into custody several hours after the shooting. He has been charged with first-degree murder.
 
Police said Rodriguez told detectives he blamed the firm for recent trouble he had receiving unemployment benefits. As officers led him handcuffed into a police station Friday, a reporter asked the divorced 40-year-old why he had attacked his former colleagues.
 
"Because they left me to rot," said Rodriguez, who recently told a bankruptcy judge he was making less than $30,000 a year at a Subway sandwich shop and had debts of nearly $90,000.
 
All the victims worked at Reynolds, Smith and Hills, where Rodriguez was an entry-level engineer for 11 months before he was fired in June 2007, the company said.
 
Beckford was hit by at least two bullets. The gunman then went into the common work area and opened fire on his other victims. The Orlando Sentinel reported that Beckford had a young daughter and a fiancee.
 
The five wounded people were in stable condition at Orlando hospitals and police say all are expected to survive. Four of the victims, three men and a woman ranging in age from 23 to 49, were recovering Saturday at Orlando Regional Medical Center, said hospital spokeswoman Katie Dagenais.
 
The Legion Place building, where the shooting occurred, remained cordoned off Saturday with police tape. A few officers and crime scene investigators blocked the entrance to the parking garage. It was far different from the chaos that unfolded a day earlier, when stunned workers streamed out of the building.
 
Some workers returned to the building to get their cars Saturday. Others came back to get purses, wallets and other belongings they left behind in a scramble to get out of the building amid the shooting spree. Only workers with identification were being allowed in the building and had to be escorted by an officer. They were not allowed to stay and work.
 
Courtney Moore, who works as a paralegal on the 17th floor, returned to get her car. She recognized Beckford the moment she saw his photo. She said she shared elevators frequently with him and always saw him in the building's cafeteria. The first thing Moore thought about when she learned he was the slain victim was an elevator ride they shared about a month ago when she had a bad day.
 
"I was so rude to him. I feel so bad now," Moore said. "I can't remember exactly what I told him, but it wasn't nice. He was always so polite and friendly. I told him I was sorry. Then he said, 'It's OK. Have a great day.'"
 
Hours after the shootings, police tracked Rodriguez to his mother's home and ordered him to come out. He surrendered peacefully, apologizing as officers handcuffed him, police said.
 
"I'm just going through a tough time right now. I'm sorry," officers quoted him as saying.
 
Rodriguez worked on drawings in the firm's transportation group, but his supervisors said his performance was not up to their standards, and when he did not improve, he was fired. The company did not hear from him again.
 
"This is really a mystery to us," said Ken Jacobson, the firm's general legal counsel and chief financial officer. "There was nothing to indicate any hard feelings."
 
Rodriguez told detectives that the company had fired him without cause and had made him look incompetent. He told them he was unemployed for a year and a half before getting a job at a Subway, where worked until recently.
 
He told them the shop couldn't give him enough hours, and he later filed for unemployment. He expected to get a check recently but when it didn't arrive he blamed Reynolds, Smith and Hills, thinking it was harming his efforts to qualify, police said. He told police he could no longer support his family.
 
Rodriguez' bankruptcy filing and his former mother-in-law suggested he was plagued by money woes.
 
His ex-wife's mother, America Holloway, told The Associated Press that Rodriguez and her daughter, Neshby, were married for about 6 1/2 years before divorcing several years ago. They have an 8-year-old son who lives with Neshby in Kissimmee, about a half-hour away.
 
Holloway said the couple lived with her in Orlando for several years and that Rodriguez abused her daughter and once threw all her clothes into the street.
 
"I used to tell my daughter he was crazy," Holloway said. "He was always fighting, always yelling. There was always problems."
 
After the divorce, Rodriguez seldom saw his son, but he called last week while the child was at Holloway's house and the boy asked his father why he did not come over, too.
 
"He said, 'Because I don't have any money. I don't have a job. I don't have anything to eat. When things get better, I'll come see you,'" Holloway said Rodriguez told his son.
 
___
 
Associated Press writers Travis Reed, Kelli Kennedy, Jennifer Kay, Laura Wides-Munoz, David Fischer and Damian Grass in Miami; Mitch Stacy, Matt Sedensky and Tamara Lush in Orlando; and Christine Armario in Tampa contributed to this report.

___

(Copyright 2009 Associated Press


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Office shooting suspect's life spiraled downward

ORLANDO, Fla. — Jason Rodriguez's marriage long ago went sour, his home taken in foreclosure, his job lost to incompetence, his finances sunk in bankruptcy. It was a "stress overload" for the man accused of a deadly shooting rampage at his former office, his lawyer said Saturday.

The 40-year-old man whose life seemed to just keep getting worse was charged Saturday with first-degree murder, accused of killing one and wounding five Friday at his former office. He said nothing in his brief court appearance Saturday, but his attorney portrayed him as a mentally ill man who fell victim to countless problems.

"This guy is a compilation of the front page of the entire year — unemployment, foreclosure, bankruptcy, divorce — all of the stresses," said the public defender, Bob Wesley. "He has been declining in mental health. There is no logic whatsoever, which points to a mental health case. It looks like a classic case of stress overload."

Police refused to say anything more Saturday about their investigation into the shooting. But as Rodriguez remained on suicide watch at the Orange County Jail, a portrait of his crumbling life began to emerge.

He couldn't pay the child support he owed for his 8-year-old son. He was nearly $90,000 behind on bills, his bankruptcy file showed. A once-promising, but short-lived career at an engineering firm faded into a job at a fast-food chain.

Wesley described his client as "very, very mentally ill" but offered no specifics. His former mother-in-law, America Holloway, said he was a schizophrenic who was constantly paranoid, blaming others for all of his woes and who always thought everyone disliked him.

The suspect's own mother struggled Saturday for words to defend her son. She could only muster an apology.

"Sorry for the families involved," Ana Rodriguez said. "I'm really very sorry, it is very hurtful."

Police said Rodriguez himself also offered words of remorse as he was handcuffed Friday, explaining he was just going through a tough time. But it offered little solace to victims, all of whom worked at Reynolds, Smith and Hills, where the suspect was an entry-level engineer for 11 months before being fired in June 2007.

Identified as the single fatality in the shooting spree was Otis Beckford, 26, the father of a 7-month-old daughter who was standing near the receptionist's desk when the gunman entered the office.

Beckford's mother told The Palm Beach Post that she had last talked to him Thursday night, firming up the family's Thanksgiving plans.

"Now, he won't be there," Icilda Cole told the newspaper. "Such a shame! I had two children. Otis and my daughter. I have one left. I never thought something like this would happen to him."

Five others were wounded: Gregory Hornbeck, 39; Ferrell Hickson, 40; Guy Lugenbeel, 62; Edward Severino; 34; and Keyondra Harrison; 27. All were in stable or good condition at Orlando hospitals and were expected to survive. Several employees reached Saturday said the firm has told them not to publicly discuss the shooting.

The Legion Place building, where the shooting occurred, remained cordoned off Saturday with police tape, though some workers returned to get purses and other belongings left behind in a scramble to escape. Courtney Moore, a paralegal on the building's 17th floor, returned for her car, and remembered frequently sharing an elevator with Beckford or seeing him in the cafeteria.

"He was always so polite and friendly," she said.

As for Rodriguez, a neighbor said he moved into his mother's apartment about six weeks ago and said his appearance had grown disheveled in recent weeks. Cassandra Mizhir said she found Rodriguez "creepy" — whenever she sat out on her back porch to smoke a cigarette, he would stand on his nearby balcony and stare at her.

She said he would sit outside the low-slung, seafoam green building in his broken-down SUV, blasting classic rock music for hours. The vehicle remained in the parking lot Saturday, a brochure on claiming unemployment benefits lying on the passenger seat.

Associated Press writers Antonio Gonzalez and Tamara Lush in Orlando and Sarah Larimer in Miami contributed to this report.

Copyright © 2009 The Associated Press. All rights reserved.

The Associated Press
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Jason Rodriguez makes his first appearance before Circuit Judge Walter Komanski at the Orange County Jail, on Saturday, Nov. 7, 2009 in Orlando, Fla. The engineer accused of fatally shooting one employee and wounding five others at the firm where he once worked is "very mentally ill" and crumbled under the stress of his divorce, bankruptcy and unemployment, his attorney said Saturday. Rodriguez, 40, was ordered held without bail at the Orange County Jail, where he is under suicide watch after Friday's shooting. (AP Photo/Ricardo Ramirez Buxeda, Pool)

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Posted: Nov 20, 2009 7:01am
Nov 20, 2009

 

 Homeowners facing foreclosure demand county assistance
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Paul Takahashi/MEDILL

Marsha Godard, treasurer of Action Now, confronts a Cook County official at a sit-in Thursday morning.

 by Paul Takahashi
Nov 05, 2009
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Paul Takahashi/MEDILL

William Moore, Cook County's deputy director of planning and development, explains the county's efforts to address the foreclosure crisis.   

 Toni Richards was visibly angry. Her eyes were afire and her hands moved erratically as she relayed to the crowd gathered in the fifth floor elevator lobby of the Cook County Building how she’s losing her home to foreclosure.

 The 60-year-old Roseland resident said she was forced to scale back her work hours when her mother fell ill with cancer almost two decades ago. Although her mother died in 2007, Richards became unemployed taking care of her, and subsequently fell behind on her mortgage payments.

“We’ve been devastated by these foreclosures,” Richards said. “There’s so much despair. We have got to get our families back together.”

Chanting protest songs and holding up signs, Richards and about 40 members of Action Now staged a sit-in in front of Cook County Board President Todd Stroger’s office Thursday morning to demand funding for foreclosure prevention programs.

The county budget, released late last month, did not allocate any funding for foreclosure counseling and court mediation, Action Now members said.

“We need court mediation,” Richards said, demanding to see Stroger. “These people don't know what to do. There's no one to fight for them.”

According to a recent report released by New York University School of Law’s Brennan Center for Justice, up to 86 percent of foreclosure victims in hard-hit areas of the United States did not have access to lawyers last year.

“There is a lot of demand for legal counsel,” said Daniel Lindsey, supervisory attorney with the Legal Assistance Foundation of Metropolitan Chicago. “It makes a huge difference…. If there is a legal claim, often people may not know how to present it.”

Action Now members believe many of the 53,000 foreclosure filings predicted for Chicago this year could be prevented if the majority of homeowners have access to legal representation.

The community organization is urging Stroger to use some of the money raised from foreclosure filing fees to pay for these preventive measures.

“If people had court mediation they probably would've been able to save their homes,” said Action Now member Gloria Warner, 58, of West Englewood. “It’s ridiculous homeowners have to pay to file, but can’t receive any help.”

Homeowners are ultimately responsible for paying court filing fees when their lenders decide to foreclose on their property. Lenders initially pay the fees, usually upwards of $300, but they often charge them to homeowners as attorney, inspection and other fees, Lindsey said.

“For a mediation program to be done properly, you need city funds, and others could come from the county or the state,” Lindsey said.  He noted filing fees might be a funding option, "but probably [lenders] will pass that on to consumers.”

During the sit-in, some Action Now representatives met with county officials in Stroger’s office to negotiate for more funding. Officials said they are addressing the issue: On Wednesday the Cook County Board approved a plan to spend $28 million in stimulus funds to demolish vacant properties and rehabilitate apartments.

“The president [Stroger] has a plan… it’s not that we’re doing nothing,” said William Moore, deputy director of planning and development. “We understand the need to bring all the parties together. If we do that, we can prevent a lot of foreclosures.”

The funds approved yesterday can only be used in suburban Cook County, Moore said.

“People have the perception that the president has control over everything,” Moore said. “Chicago has programs to address the foreclosure crisis. They need to take their concerns to the city as well.”

But some Action Now members were not satisfied with county officials’ responses.

“What do vacant houses need saving for?” said Action Now member Latonya Somerville, 36, of Lawndale.  “They can get saved another time.

“It's going to be below zero in a few weeks. What are these people going to do?”
http://news.medill.northwestern.edu/chicago/news.aspx?id=145083

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Posted: Nov 20, 2009 5:04am
Nov 19, 2009
Corruption Culture And Wall Street Meltdown

By Edward Manfredonia

 November 13th, 2009

 

   
Volcker is seen as paragon of financial virtue; whistleblower and columnists says not
     Policing Wall Street] 

Trillions of dollars in transactions take place on Wall Street and yet there was never a culture of fighting transgressions and corruption.

In fact- I know through experience- that those who attempted to expose corruption, drug dealing, murder and even rapes of female employees were blacklisted and ostracized.

This will explain how and why Bernard Madoff, later, could get away with his massive multi-billion dollar crimes on Wall Street.  The people who were supposed to police Wall Street were out to lunch- and there were many.

As many readers of my column now know, beginning in early 1991 I had written numerous letters to the Securities and Exchange Commission (SEC) about violations of federal securities laws at the American Stock Exchange.  I also wrote to the SEC about a series of rapes and sexual assaults that had been perpetrated by a member of the Amex Board, who was a senior managing director of Bear Stearns.

Concomitantly I wrote numerous letters to members of the Board of the Amex, including Paul Volcker, Richard Ravitch, Alair Townsend, Burton Malkiel and others about violations of federal securities laws and about a series of rapes and sexual assaults. As I have discussed in previous columns, these serious crimes were never pursued under the SEC Chairmanship of Arthur Levitt.

My letters to the Board and the SEC were quite specific. But the SEC and the Amex refused to investigate my charges of pandemic violations of federal securities laws. I shall provide an example of the specificity of my letters.

Front running is the illegal practice of a specialist or stock broker executing orders for its own account prior to executing orders for the account of its customer.

In one 1991 letter to William Schreyer, then President of Merrill Lynch, I detailed massive front running of the XMI via a Merrill Lynch account in Zurich, Switzerland account.  (I even provided the Zurich office’s code.)  I named the Merrill Lynch broker, Spencer Myers, who executed these orders.

I named the Merrill Lynch floor broker, who approved these front running orders; he was the Merrill Lynch officer in charge of the American Stock Exchange.  I even stated that an arrangement had been made whereby the Merrill Lynch broker telephoned the specialist in the XMI (Spear Leeds and Kellogg by the way) and stated that he was bringing in an order that was front running the XMI. 

This was done so that SLK could front run the order in the futures market.  How did I know this, you might inquire?  Spencer Myers, the broker who executed the orders, provided this information to me.  Schreyer referred my letter to the Amex, which never investigated. 

I provided other instances of manipulation of the XMI by Morgan Stanley; insider trading on the XMI by Edwin Crooks, an Amex Board member; illegal trading in off floor accounts of the XMI by Amex floor brokers; front running of the XMI by SLK; etc.  And all this information had been provided to me by individuals, who had participated in this illegal trading.

At the time the XMI was the premier product at the Amex. The Amex would be destroyed if the American public knew of the enormity of the illegal trading in the XMI.

Without any action being undertaken, I wrote to Representative John Dingell, whose House Commerce Committee had legislative oversight of the Securities and Exchange Commission. Representative Dingell wrote to the SEC in 1991 and wanted to know why no action was taken.

It was then that the members of the Board decided that I had to be stopped. A top board member actually told a senior executive at Wagner Stott, a clearing subsidiary of Merrill Lynch: “Manfredonia knows enough to close down the Amex.” 

An Amex Board member was Paul Volcker; former Chairman of the Federal Reserve System. In the early 1980s, under his watch, Governors of the Federal Reserve leaked information to Bear Stearns and Drexel Burnham in advance of interest rate moves. This is fully discussed in my article, “Wall Street Corruption:  Easy As A-B-C,” which was published in The Black Star News on May 17, 2009.

And Volcker knew that his reputation would be ruined if he were to be linked to another insider trading scandal. Even worse, specialist units at the Amex were losing money and the specialist unit of Miceli-VanCaneghan had been cut off by its benefactor Bear Stearns. In my letter to Alan “Ace” Greenberg, former Chief Executive Officer of Bear Stearns, I recounted Louis Miceli’s anti-Semitic comments.

So Miceli, former Senior Floor Governor, and Robert VanCaneghan, a member of the Amex Board, were now forced to find a way to earn big money- money laundering was not producing sufficient profits yet. And they suspected that I knew of their money laundering enterprise.

They were in the midst of producing a stock fraud, PNF, with the help of Al Avasso, a self-proclaimed front man for the Italian Mafia. This stock fraud, PNF, was to be listed on the Amex where it was hoped that tens of millions would be made.

Miceli and VanCaneghan were desperate for money. As was Edwin Crooks, another specialist and member of the Amex Board, because once Morgan Stanley was no longer the primary mover of the XMI, Crooks could not earn millions by front running the XMI.

So a plan was hatched. Miceli and VanCaneghan would go to the Special Fraud Squad of the New York Police Department and say that I had threatened to kill Miceli. Of course this was a lie.

Later Miceli told police that I had threatened to kill Volcker, a member of the Amex Board. This information I later obtained through an attorney I had retained. This also was false. How ironic. I was trying to expose corruption and I was being falsely accused of plotting crimes.

Miceli and VanCaneghan told an NYPD Detective and Lieutenant Richard J. Molloy of the Special Fraud Squad, that I had threatened to kill him.
 
In December 1991 the detective and lieutenant Molloy visited the offices of Wagner Stott Clearing Corporation at the annual Christmas Party. Joseph Greenwald, who in 1992 pleaded guilty to insider trading in Motel 6, had assured Lovett and Miceli that I would be present at the party.  (Motel 6 was a motel chain that was taken over by Accor in 1990. I could have made millions by purchasing Motel 6 calls with knowledge of this takeover. I did not). I did not attend the Christmas party.
 
The detective and lieutenant Molloy then left their cards with Wagner executives and requested that I get in contact with them. The pair originally stated that there existed an arrest warrant for me because I had used stolen American Express cards; again falsehood. The duo also claimed a complaint was filed against me; they refused to state the name of the complainant.
 
It’s at this point that I sought the attorney’s assistance. When the attorney requested a copy of the complaint, the conspiracy collapsed. The detective and lieutenant were forced to admit that I was being harassed on the basis of an unsigned complaint.
 
I even contacted the pair and told them that it was nice to know that the NYPD was protecting a cocaine smuggler- Louis Miceli.  I then filed charges with Internal Affairs against the detective and lieutenant. Nothing happened. Both the detective and lieutenant Molloy are retired.
 
How then can anyone still be surprised by the collapse of 2007, when for years Wall Street had tolerated massive and spectacular corruption?  No wonder Madoff fit so perfectly on Wall Street. He was at home.
 
There were other Madoffs; many got away scott free. 

I reached out to Paul Volcker for comment for this article through his assistant and also e-mailed several questions. Volcker did not
respond.

http://blackstarnews.com/news/135/ARTICLE/6109/2009-11-13.html    
Roubini Is Wrong About The Giant Dollar Carry Trade Going Bust
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(This guest post originally appeared at the author's blog)

Nouriel Roubini is wrong. He has embarked on a global campaign to warn the world, Cassandra-like, of the “mother of all highly leveraged asset bubbles” now in progress. Shorts in the US dollar are being built up to unprecedented levels, and are being used to finance the purchase of every asset class, especially in energy, commodities, and precious metals. This bubble will be pricked by a huge snap back rally in the greenback, the exhaustion of Fed support measures, a growth surprise in the US leading to an early Fed tightening, or a real double dip recession.

The inevitable collapse will make the last financial crisis look like a cake walk, and take all markets, especially equities, down to new lows. The flaw in the Turkish New York University economic professor’s logic is lurking in his own arguments. The basis for his “U” shaped recession (described by others as “bathtub” or “toilet bowl” shaped), is the absence of credit, especially at the regional and small business level. But I can tell you from my own experience that credit is also absent, or severely diminished, in the hedge fund community too. Terms have been tightened across the board. Collateral requirements are much stricter. Margin requirements on the futures markets are vastly heavier than they were two years ago, especially for the most volatile contracts, like crude.

You can forget about financing for any kind of instrument that is illiquid or trading over-the-counter. Prime brokers really play hard ball. The days when big hedge funds borrowed stock and shorted them with no money down are a distant memory. The last time I checked, Lehman, Bear Stearns, and AIG weren’t doing any new lending. Many credit markets, such as those for certain CDO’s, are still completely closed, and are never coming back. So where is all this leverage?

 The net net is that speculative positions are but a fraction of those seen at the 2007 peak. To get a real crash with new lows, someone has to sell, and there just isn’t that much around to be sold these days. I think Nouriel is one of those Mount Olympus guys who can only give a very broad, general overviews of what we mere mortals are doing. Never having worked on a trading desk, he doesn't realize that what he is proposing can't actually be executed. When the current trends reverse, there will be much volatility, pain, hand wringing, and gnashing of teeth, for sure. But it is much more likely that we are going to die from ice, not fire, and of boredom, not from cardiac arrest.

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Posted: Nov 19, 2009 1:23pm
Nov 15, 2009

 Long-term Obama loan modifications prove elusive

Treasury department extends mortgage aid trial period by two months. But loan servicers are having trouble compiling all the needed paperwork.
 
 By Tami Luhby, CNNMoney.com senior writer

http://money.cnn.com/galleries/2009/real_estate/0906/gallery.Obama_making_home_affordable_experience/index.html
Homeowners in trouble are having mixed results applying for President Obama's foreclosure prevention plan. CNNMoney.com readers tell us their tribulations and triumphs trying to get their loans modified or refinanced.
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NEW YORK (CNNMoney.com) -- Half a million people are now in trial modifications under the Obama administration's mortgage rescue plan, but getting them permanent help is proving to be difficult.

The foreclosure prevention plan, which reduces eligible borrowers' monthly payments to no more than 31% of their pre-tax income, requires homeowners to make three on-time monthly payments before they can receive a permanent modification.

Loan servicers use the trial period to verify borrowers' income and ascertain whether they can handle the reduced payments.

But servicers say they are having a tough time collecting the necessary documents to determine whether troubled borrowers should receive permanent adjustments. They contend that some homeowners aren't sending in their tax returns, bank statements and pay stubs. Borrowers, on the other hand, complain that their paperwork is being lost.

The Obama administration recently made several changes to the program to give the transactions more time and streamline the plan.

Last month, it extended the trial period by two months to give servicers more time to collect the documents. And last week, it announced that servicers could automatically move qualified borrowers into permanent modifications without their signatures.

The Treasury Department said these moves should make it easier for qualified borrowers to get permanent modifications, according to a spokeswoman. Officials are discussing ways to make it even easier, she said, including allowing servicers to access tax records directly from the Internal Revenue Service.

It is in servicers' interest to convert eligible borrowers since they only get incentive payments when the modification is made permanent, the Treasury spokeswoman said. Plus, if the government finds institutions to have wrongly deny swaths of people, it could impose penalties.

"Treasury is also working intently with servicers to help ensure that they execute in helping more borrowers convert to permanent modifications," she said.

Who's to blame?

Servicers say they are wrestling with getting the completed documents they need to put borrowers in permanent modifications.

At JPMorgan Chase, for instance, representatives call and send letters to homeowners detailing what they still need to mail in. The bank says it has improved its system for collecting paperwork so that lost documents are not the problem. The issue, it says, is that homeowners are simply not sending in what's required.

"At first blush, you'd think that for people who've made three payments, it would be a no-brainer to get the paperwork in," said Tom Kelly, a Chase (JPM, Fortune 500) spokesman. "But for some people, it just hasn't been the case."

A Citigroup (C, Fortune 500) spokesman also said the documentation process has been challenging.

But many borrowers and housing counselors contend that homeowners send in their documents multiple times, only to be told their files are incomplete. This has been a problem that's plagued the program from the beginning.

On top of that, housing counselors report that banks are sending homeowners forms with the wrong income data listed, which could jeopardize their chances of getting a permanent modification.

One homeowner's problem

Many borrowers are growing increasingly nervous as they near the end of their trial modification periods with no decision from their servicers.

Jim Copley, a Minneapolis homeowner, was given a trial modification five months ago. He found he could no longer afford his $1,650 monthly payments after the housing collapse decimated his home-painting business.

After receiving a temporary adjustment that cut his payments to $955 a month, Copley sent his servicer, Bank of America, all the required income documentation in June. He was shocked to learn two months later that there was some paperwork missing. He called again and was told that his file was, in fact, complete and that he should continue making reduced payments until he was told otherwise.

"Every time I talk with them, I get a different story," said Copley, a single dad who now makes a third of his previous income selling meat to restaurants. "No matter what I do, I can't get any kind of an answer."

A Bank of America (BAC, Fortune 500) spokeswoman said that Copley's file is complete and that he should receive a decision about a permanent modification soon.

It remains to be seen how many people will qualify for permanent modifications.

"If the trial modifications don't convert to permanent modifications, then the program won't be considered a success," said Barry Zigas, director of housing policy for the Consumer Federation of America.

Have you turned into a saver because of the recession? How have your saving and spending habits changed? Please email your stories to CNNMoney.com and you could be part of an upcoming article. For the CNNMoney.com Comment Policy, click here. http://money.cnn.com/2009/10/16/news/economy/Obama_modification_program/#TOP

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Posted: Nov 15, 2009 7:14am
Nov 15, 2009

 Trial of ex-Bear Stearns execs goes to jury

By Grant McCool
09 November 2009 @ 06:48 pm ET

NEW YORK - Pay and venue were the focus of a jury's early deliberations on Monday in the trial of two former Bear Stearns hedge fund managers accused of fraud over dealings in mortgage-backed securities early in the financial crisis.


http://www.ibtimes.com/photogallery/223782.htm
Former investment bank Bear Stearns hedge fund managers, Ralph Cioffi (L) and Matthew Tannin, are escorted by law enforcement officials after being arrested in New York June 19, 2008 in this combination photo. (REUTERS / Chip East)
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"Please explain venue further," said one of the first notes to the judge from the 12-member jury in federal court in Brooklyn, New York, who also asked to rehear testimony on the compensation of defendants Ralph Cioffi and Matthew Tannin between 2001 and 2007.

Although the trial is the first against high-profile Wall Streeters who worked in the borough of Manhattan, the charges were brought in the federal district that includes the borough of Brooklyn. The judge explained to the jury that venue means the government need only prove the offenses took place within the district by a preponderance of the evidence, a lesser standard than proof beyond a reasonable doubt.

It was not clear why the jury sent the note. In his closing arguments last Thursday, Cioffi's lawyer raised the issue. Prosecutors said some investors who lost money were based in the district.

Whether the government is successful in its case against Cioffi, 53, and Tannin, 48, could influence the aggressiveness of other investigations arising from the market meltdown.

U.S. prosecutors called a score of witnesses and cited hundreds of documentary exhibits for their case, in which they accused the former Bear Stearns hedge fund managers of lying to investors over the health of their funds in 2007 at an early point in the financial crisis.

Two hedge funds managed by Cioffi and Tannin failed in mid-2007, costing institutional and individual investors up to $1.6 billion. Bear Stearns Cos, once worth $45 billion, collapsed in March 2008 and was sold to JPMorgan Chase & Co in a government-brokered fire sale.

In the opening two hours of deliberations, the jury asked to see a total of about 20 exhibits. They are due to resume deliberations on Tuesday.

The jury asked U.S. District Court Judge Frederic Block if they could reread the testimony of former Bear Stearns payroll manager Kathy Hartman over the two men's compensation.

In their opening and closing arguments, U.S. prosecutors cited Cioffi and Tannin's "multimillion dollar bonuses" as a motive for the alleged crimes.

Together, the men were paid bonuses of nearly $20 million in 2005 and 2006, in addition to salaries of $250,000, the court heard. Cioffi was Tannin's boss and earned much more.

The two men have pleaded not guilty to the charges of securities fraud, wire fraud and conspiracy. Cioffi has also pleaded not guilty to a charge of insider trading. The two men are free on bail, but if convicted they could be sentenced to as much as 20 years in prison.

The jurors have heard four weeks of arguments and testimony about the world of hedge funds, leveraging, repo lending and subprime mortgage-backed securities.

They were selected on October 13 after answering written and oral questions about whether they could be fair and impartial in an era of lost jobs, executive bonuses, government bailouts of banks and the Wall Street financial crisis.

Prosecutors said the two funds, the High Grade Fund and the Enhanced Leverage Fund, had $1.6 billion leveraged to $20 billion of assets, primarily collateralized debt obligations (CDOs). CDOs are securities backed by a pool of debt such as mortgages.

The verdicts of the jury could have implications for government investigations of possible wrongdoing at other companies in the lead up to the global financial crisis, including bailed-out insurer American International Group Inc and bankrupt Lehman Bros Holdings Inc.

In closing summations last week, defense lawyers argued that the government had not proven its case beyond a reasonable doubt or proven a conspiracy [ID:nN06210677]. They said prosecutors selected email evidence out of context and that overall, Cioffi and Tannin were optimistic about the funds but could not predict the future troubles of the subprime market.

A prosecutor told the jury that Cioffi and Tannin told "black and white lies" to investors early in 2007 while privately expressing their fears in emails of a market calamity.

The case is USA v Cioffi & Tannin, U.S. District Court for the Eastern District of New York, No. 08-415.

(Reporting by Grant McCool; Editing by Phil Berlowitz)

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Setback in Bear Stearns case may force gov't shift November 11, 2009 - 6:28pm
http://media.bonnint.net/apimage/2ffee384-32f0-4bbd-aad3-c692617c0d0e.jpg
FILE - In this Nov. 10, 2009 file photo, former Bear Stearns hedge fund manager Matthew Tannin exits Brooklyn federal court in New York. The swift acquittal of Tannin and executive Ralph Cioffi in the government's criminal case tied to the financial meltdown likely will force prosecutors to rethink the evidence they planned to present in a raft of cases that have yet to go to trial, legal experts say. (AP Photo/ Louis Lanzano, file)

By MARCY GORDON
AP Business Writer

WASHINGTON (AP) - The swift acquittal of two Bear Stearns executives in the government's criminal case tied to the financial meltdown likely will force prosecutors to rethink the evidence they planned to present in a raft of cases that have yet to go to trial, legal experts say.

Criminal cases may be percolating against executives at fallen mortgage lender Countrywide Financial Corp. and bailed-out insurance giant American International Group Inc., among others. The Bear Stearns acquittals show how tough it can be to prove that bank executives committed fraud by lying to investors.

The government must show that executives were actually committing fraud and not simply doing their best to manage the worst financial crisis in decades, said Michael Levy, a white-collar defense attorney at Bingham McCutchen in Washington. Jurors were not swayed by e-mails the government presented in the Bear Stearns case.

Fraud is "a very difficult theory for the government to prevail on in the context of an unprecedented financial crisis," Levy said.

Federal prosecutors and the Securities and Exchange Commission have launched wide-ranging investigations of companies across the financial services industry. But a year after the crisis struck, charges haven't yet come in most of the probes. The investigations also are targeting government-owned mortgage financers Fannie Mae and Freddie Mac and crisis casualty Lehman Brothers.

The Bear Stearns case was the second case to go to trial, following the conviction in August of a former Credit Suisse broker on conspiracy and securities fraud charges in connection with a $1 billion subprime mortgage fraud.

That's a sharp contrast to the 2002 corporate accounting scandals that engulfed Enron, WorldCom and other companies. Back then, "perp walks" seemed to occur almost daily, and news conferences brought announcements of charges against a series of executives and high-profile individuals.

Tuesday's not-guilty verdict dealt a setback to the Justice Department. It "will cause prosecutors to rethink any future cases related to the financial meltdown," said Robert Mintz, a former federal prosecutor who is a private defense attorney.

The Justice Department "remains committed to following the facts and the evidence where they lead," spokeswoman Laura Sweeney said Wednesday. "If we believe the actions of individuals or companies were criminal, we will pursue those cases aggressively."

The two Bear Stearns executives, Ralph Cioffi and Matthew Tannin, ran hedge funds that collapsed after betting heavily on the shaky subprime mortgage market. The jurors in federal court in Brooklyn, N.Y., acquitted the pair of conspiracy and other charges in an alleged scheme that cost investors about $1.6 billion.

The jurors said they decided that e-mail evidence presented against Cioffi and Tannin was contradictory and taken out of context and that the executives were blamed for a market cataclysm beyond their control.

The e-mails written by the two showed anxiety over the slide in the subprime market and what it could do to the hedge funds' investments. Jurors said they didn't prove intent to deceive investors.

In a panicky situation where circumstances shifted by the hour or minute, the e-mails could have conveyed "mixed messages" to a jury, Mintz said. In future cases, prosecutors will have to take care to present "clear and unambiguous evidence of wrongdoing and concealment," he added.

The SEC, for its part, sued the two Bear Stearns executives in a civil action last spring. That case is expected to proceed.

"We of course respect the criminal verdict. But at this time we expect to go forward with litigating our civil action," SEC spokesman John Nester said.

The burden of proof in civil litigation is lower than that for criminal cases. Some experts believe a civil case against the executives may have a better chance of success.

E-mails brought to light in the SEC's civil fraud case against Countrywide CEO Angelo Mozilo and two other former executives of what had been the biggest U.S. mortgage lender showed their awareness that the high-risk subprime loans being sold were toxic and flirting with failure.

Mozilo, named in the SEC's lawsuit filed in June, is the most high-profile individual to face charges from the government in the aftermath of the financial meltdown. He has denied any wrongdoing.

Jacob Frenkel, a former federal prosecutor and SEC enforcement attorney now in private practice, said the Countrywide case "will be a very interesting test based on" the Bear Stearns verdict.

In another meltdown-related case, the SEC is pursuing civil charges against Bank of America Corp. over billions in bonuses paid at Merrill Lynch, which it acquired in a hastily arranged deal at the height of the crisis. The agency accuses the bank of failing to disclose to shareholders that it had authorized Merrill to pay the bonuses even though the investment bank had lost $27.6 billion in 2008.

 

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Hedge Fund Perps Walk Free From Criminal Trial Will anyone ever go to jail in connection with Wall Street crimes?
By Danny Schechter Nov 11, 2009

Matthew Tannin walks out of a Brooklyn court house after posting bail June 19, 2008 in the Brooklyn borough of New York City. On Nov. 10 Tannin, along with Ralph Ciocci, was acquitted in a case in which the two former hedge fund managers were accused of defrauding investors of $1.6 billion. (Spencer Platt/Getty Images)
PARIS—I had just come from a heated financial journalism conference in a far more orderly Brussels where I had been thundering against Wall Street crime. The first news I saw from “the homeland” was that the only two big shots busted for crimes against their investors when they ran hedge funds, now imploded, at Bear Stears were acquitted in a New York courtroom. The verdicts dramatize the difficulties prosecutors face in achieving the “jail-out” I have been calling for.

Here’s how the NY Times covered it:

“It was, prosecutors claimed, a clear case of Wall Street crime—and a chance to bring to account two culprits of the subprime age.

“But jurors disagreed, and on Tuesday, two former Bear Stearns hedge fund managers were found not guilty of securities fraud in federal court in Brooklyn, in what legal experts called a setback for prosecutors hoping for easy victories in this era of bailouts and foreclosures.

“The verdict, the first in a major criminal case stemming from the current financial crisis, brought to an end a two-year ordeal for the managers, Ralph R. Cioffi and Matthew M. Tannin. They had been led away in handcuffs in June 2008 and accused of lying to their investors about the precarious state of the funds they oversaw.

“Investors lost $1.6 billion when the funds, heavily invested in mortgage securities, collapsed in the summer of 2007. The fiasco presaged the financial turmoil that would later upend Wall Street and the broader economy.”

The jury deliberated for six hours. The key pieces of evidence were emails that said that they considered their own products bogus while encouraging their customers to buy them. A juror said the case had not been proven, and that a bad investment was not a crime. The SEC will also be taking civil action.

At issue was what their emails said. Bear Stearns was a big promoter of sub-crime, subprime securities which were not an issue in the trial. Explained the report:

“One of the main documents in the case was an e-mail message that Mr. Tannin sent from his private Gmail account to the e-mail account of Mr. Cioffi’s wife. He wrote that the subprime market—the market to which the funds were tied—“looked pretty damn ugly,” and that if a recent report was correct, “then the entire subprime market is toast.”

Days later, during a conference call, Mr. Tannin told investors that “we’re very comfortable with exactly where we are.”

They may have been “comfortable” but the families who subsequently faced foreclosure were victimized. Securities laws protect investors, not homeowners or people who were talked into buying mortgages that were part of what the FBI later called an “epidemic of mortgage fraud.” So, once again, as the late Lenny Bruce once quipped, “in the halls of justice, the only justice is in the halls.”

This case was also said to be poorly brought by prosecutors. Reported Bloomberg: “Prosecutors missed the mark so widely in the fraud trial of Bear Stearns Cos. hedge fund managers Ralph Cooffi and Matthew Tanin that a juror said after their acquittal she would invest with them if she had the money.” Reuters reported that the defense lawyers had focused on weakness in the prosecutor’s case.

One legal challenge was the need to prove criminal intent, hard to show when defendants, as is usually the case, deny they had bad motives. In this case, as throughout the subprime industry, it was all about making money, homeowners be dammed.

Reuters described the defense: “The government’s allegations of fraud against two former Bear Stearns hedge fund managers were built on ‘hindsight bias,’ including emails selected out of context, a defense lawyer told a jury in closing arguments on Friday at their trial in New York.”
A Bear Stearns employee leaves the company's building at Bear Stearns headquarters in New York, May 29, 2008. Bear Stearns, due to losses in the U.S. subprime property crisis, sold itself to banking giant JPMorgan Chase. (Emmanuel Dunand/AFP/Getty Images)


“Hindsight bias” suggest that the Bear Stearns duo did not know the consequences of their actions, something many in the business admit now they did realize.
‘Hindsight Bias?’
The FBI has been denouncing an “epidemic” of subprime fraud as far back as 2004. On July 22, President Obama said Wall Street was &ldquoedaling loans they knew could never be paid back.” But this issue was not raised in the trial.

CNBC earlier reported that the Government blew its own case: “CNBC’s Charlie Gasparino reports that numerous signs, including the court’s refusal to admit some key evidence and the ‘blow up’ of a witness, indicate that the government’s case against Bear Stearns hedge fund managers Cioffi and Tannin may be slipping away.”

So here you have the biggest crime of our time, massive predatory lending, widespread fraud and abuse. In the first instance the government did not regulate it, and now they can’t get it together to prosecute it.

Widely perceived criminals of all kinds will now walk while the Chairman of the Senate Finance Committee proposes new avenues for civil law suits but does not propose cracking down on the criminals.

Dow Jones reports: “Senate Banking Committee Chairman Christopher Dodd’s (D., Conn.) broad financial overhaul bill, unveiled Tuesday, includes several investor protection devices, including investors’ ability to sue people who help commit securities fraud.

“The provision would permit private civil actions for any person who ‘knowingly or recklessly provides substantial assistance’ to securities fraudsters.

“The ‘aiding and abetting provisions’ in Dodd’s bill could be seen as something of a change for the veteran senator, who also sponsored the controversial 1995 Securities Litigation Reform Act, which limited individual investors’ ability to sue securities and accounting firms in class-action stock fraud cases.”

Again, the focus mostly is on protecting investors, not other victims like the American people who consume these flawed products. The New American reports though that the real purpose is to protect consumers.

Senator Christopher Dodd and fellow Senate Democrats are proposing to scale back the regulatory authority of the Federal Reserve and eliminate the Office of the Comptroller of the Currency, among many other provisions in a new 1,136-page bill made public on Tuesday. Dodd, the chairman of the Senate Banking Committee, blamed the Fed for alleged failures in consumer protection and regulatory oversight that contributed to last year’s financial implosion.

Senator Dodd’s bill would create a new Consumer Financial Protection Agency to protect consumers against so-called &ldquoredatory lending practices.” It would also create a Financial Institutions Regulatory Administration that would impose tighter regulatory oversight on banks. A new Agency for Financial Stability would have the power not only to enforce new financial regulations but also to break up large financial firms whose activities are deemed a threat to the economy as a whole.

Predictably Republicans and business interests are opposing new rules. As for reform, look at how health care reform has been gutted and you can see what awaits financial reform.

Meanwhile, at least the big banks are being criticized.

“Many senior banking executives failed to accept responsibility for the financial crisis and neglected the need to change their behavior, Hector Sants, the chief executive at Britain’s financial industry regulatory body, said Monday.”

Ooops, sorry, that’s in Britain.

Mediachannel’s News Dissector Danny Schechter has made a film (Plunder) and written a book, The Crime of Our Time, on the financial crisis as a crime story. Comments to dissector@mediachannel.org

 Law Blog
WSJ on the
Bear Trial Postscript: The Value of Getting the Right Expert
By Amir Efrati

HubbardAs we continue to digest yesterday’s acquittals of two former Bear Stearns hedge fund managers, a comment made to us by one young juror got us thinking about the value of making the right phone call and getting the right expert testimony.

The hedge fund managers, Ralph Cioffi and Matthew Tannin, were accused of lying to investors about the health of two funds that collapsed in 2007. After they realized the mortgage-related funds were in trouble, the prosecution alleged, the men conspired to lie to investors to keep them from pulling money out. The defense, on the other hand, argued the men believed they could find a way back to profitability in part by betting against the mortgage market. Thus, their optimistic statements to investors were proper.

Jurors saw it the defense’s way. One of them, Aram Hong, a 27-year-old Korean immigrant, sounded like a junior hedge-fund analyst when she spoke to the Law Blog after the verdict. Hong, who manages a hotel restaurant in Manhattan, said she viewed Cioffi as the captain of a sinking ship who tried to do whatever he could to save it. And because that ship was a hedge fund, she said, the defendants could quickly change their bets about the mortgage market and hope for calmer seas. “The thing about hedge funds is they can go one way or the other,” she said.

The funds failed, she added, because their so-called repurchase lenders – banks that gave the defendants the ability to increase the size of the funds’ bets – got nervous about the funds’ prospects and decided to seize their assets.

How did Hong come to these conclusions? Hong said the jury was aided in part by the expert testimony of R. Glenn Hubbard (pictured) the dean of Columbia University’s business school, who said he reviewed data about the funds from the relevant period and said the men could reasonably expect to return to profitability, and that it was reasonable for them to ask investors for more money. “Dr. Hubbard’s research allowed us to see what the managers were seeing,” Hong said.

Hubbard, who is a former economic advisor to President George W. Bush and whose research for the Bear trial came with a $100,000 price tag, declined to comment to the blog. To see the transcript of his testimony from last week, click  here.

BruneAnd who made the call to bring in Hubbard? Susan Brune (pictured yesterday after the verdict) and her team at Brune & Richard LLP, who represented Tannin (pictured with Brune).

This was the most high-profile trial in the career of Brune (Michigan ‘83, Harvard Law ‘88), who has represented the likes Ann Armstrong, a longtime personal assistant to Martha Stewart, in connection with an insider-trading case that sent Stewart to prison. Brune, who is married to another longtime white-collar mainstay, Carl Loewenson, is currently representing a former Deutsche Bank employee who was criminally charged in an allegedly fraudulent tax-shelter scheme involving BDO Seidman.

Some LB readers might remember Brune from this post, which referenced the fretful tears she shed last week during his closing arguments in the Bear case. On Tuesday, of course, her tears were joyful. She declined to comment.

http://blogs.wsj.com/law/2009/11/11/bear-trial-postscript-the-value-of-getting-the-right-expert/

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Posted: Nov 15, 2009 6:39am
Nov 15, 2009

 

Gasparino: ‘People Think Because I Go on TV and Scream a Lot I Don’t Have Half a Brain in My Head’
  • 11/3/09 at 6:32 PM
Gasparino:  People Think Because I Go on TV and Scream a Lot I Don t Have Half a Brain in My Head

Photo: CNBC

When the inimitable CNBC reporter Charlie Gasparino announced the title of his new crisis epic, The Sellout: How Three Decades of Wall Street Greed and Government Mismanagement Destroyed the Global Financial System, to his friend Teddy Forstmann, the financier was skeptical. "So what you're saying," Ted said, "is that somewhere along the line, Wall Street as an institution had some principles to sell out?" He had a point. Crisis-book connoisseur Moe Tkacik caught up with Gasparino as he obsessively checked his Amazon rankings today to find out more.

So, Charlie, I learned many things from your book, The Sellout, besides the thing about [former Bear Stearns CEO] Jimmy Cayne telling his friend his antacid bottle was actually filled with cocaine.
Jimmy Cayne actually just called me. He said he thought I was a fair reporter, and — this was somewhat of a shock — he said, "I just wanted to wish you the best of luck with your new book, I can't make your book party because I'm out of town." And I'm not kidding you, but then he said this: "I just wanted you to know I think
you are the best reporter in the history of reporting." I'm seriously not kidding. Maybe he was stoned.

Well, as you state on page two, you "never found Jimmy Cayne's pot-smoking particularly newsworthy because he never seemed stoned at work" — even though he once tried to hand you "what looked like a joint" in the Bear Stearns elevator.
What I've always liked about Jimmy Cayne is that he was interesting in a refreshing way. John Thain is pretty boring. Stan O'Neal is just ruthless. Dick Fuld is just kind of nasty, Chuck Prince is a doofus, Bob Rubin is kind of out to lunch … but the culture of [Bear Stearns] has always been kind of interesting to cover.

Well, ironically, it seems like Bear Stearns produced more of the guys who "saw it coming," so to speak, than Goldman. John Paulson was a Bear guy, Kyle Bass was a Bear guy. No one really listened to any of those guys, though. Has anything changed? Are you at all optimistic about the future?
I'm not really optimistic about the future of Wall Street. I mean, I've always thought Wall Street was a necessary evil. You could never really trust them. My first book was about how they screwed over all these average American people during the internet bubble. But at least that scandal was somewhat related to Wall Street's real mission, which is to help companies raise capital so companies could keep the economy in working order. Think about how far Wall Street grew away from that mission. What the hell does the carry trade do for society? And what kind of struck me was that over and over again, these guys have not had to face the consequences of their actions, and then they get amnesia. I'm not in that camp that thinks Goldman Sachs is the root of all evil, but they do crystallize the problem that's wrong with the bailout. At this point last year right now they were [seriously fearing for their own survival], and now they are allowed to say they never needed the government assistance, and yet inexplicably they are still a commercial bank and able to borrow at the same rates of a bank with depositors and ATM machines and small business clients and branches that employ bank tellers. How is that possible?
That Goldman's future was hanging in the balance was nothing but hot air promulgated on CNBC? Make no mistake: they were toast. Their business model was the same as everyone else, they were leveraged 30 to 1 like everyone else, so the idea "that they were perfectly hedged."

Oh yeah, I love that "perfectly hedged" line. Like, if taxpayers hadn't coughed up that 13 billion dollars last fall they totally had a backup plan in the private sector.
Right, that is the absurdity of it. That they will say they were perfectly hedged, and yet have never had to elaborate on those hedges, like who they were with. By the way, everybody that blew up said they had hedges. And I'm sure they thought they did, but guess what, they blew up anyway, and if you blow up you didn't have hedges.

In other words, more banks need to blow up, is what you're saying.
Right. You know, most of us walk around every day constantly reminded of our own infallibility, because life is like that. But these guys are too cloistered, and no one holds them accountable. And so when you see these guys in New York City, and they walk into the restaurant and they think they own the restaurant, it's because they sort of do.

Right, like in your book, when [former Citigroup fixed income chief] Tom Maheras barks at the Vegas blackjack dealer, "Do you know who I am?," and you think to yourself, Who does he think he is, Rihanna or something? you are the sucker, because he actually does run the whole casino.
All these guys come back again. Here's a scoop: I hear Tom Maheras is starting a hedge fund, he's got investors, he's lined up $75 million.

It couldn't happen to a more loathsome guy! Or maybe it could … of all the guys you wrote about, who's the worst?
Stan O'Neal was the most sort of loathsome in a way. I know him, and he's better than what he turned out to be, the megalomaniac, dogmatic destroyer of the company. He purged all the bad guys, and some of them were bad, but then he replaced them with guys who turned out to be worse.

I found that fascinating, the way a grandson of a slave would try to change the provincial racist culture at Merrill Lynch by installing this crew of jet-setting international douchebags like that deadbeat dad with the $10 million bonus.
Well, Stan didn't think they were douchebags. He thought they were brilliant. A lot of these guys did get very good SAT scores. But the thing about Stan is that he thought he was different, but just like [Long Term Capital Management founder] John Meriwether, he got caught up in the risk-mentality groupthink and the Goldman envy and just replaced the old jerks with a new team of jerks.

The tone of your book is more reflective than most of the crisis books I've read, and I've read them all.
People think because I go on TV and scream a lot I don't have half a brain in my head, but I've been in this business a long time. And there's the fact that I rewrote it eight times.

Did you find it tough, starting out in business journalism, to get people to talk to you without being deferential?
I think the last guy who really intimidated me in a reporting situation was the president of the Cortland County school board [for Newsday]. Most of these guys are cowards. Sometimes people will get mad about something I reported, mostly Lehman guys, and they'll confront me outside a restaurant, but it's always in packs; there will be five of them or six of them and it's me. At first you're nice, because these people are unemployed and that's terrible, but if they don't let up, that's when you just have to tell them to point blank go fuck themselves.

In any case, some of [my sources] are good friends, but I'm not one of them, you'll see at my party. [Blackrock CEO] Larry Fink will be there, and maybe [Morgan Stanley CEO] John Mack will show up, but I'm not gonna be holding hands with fuckin' [JPMorgan CEO] Jamie Dimon or anything like that.



Read more: Gasparino: ‘People Think Because I Go on TV and Scream a Lot I Don’t Have Half a Brain in My Head’ -- Daily Intel http://nymag.com/daily/intel/2009/11/you_wont_catch_charlie_gaspari.html#ixzz0WPSKgBKX
http://nymag.com/daily/intel/2009/11/you_wont_catch_charlie_gaspari.htm

 
 
How smart really are the guys at Goldman Sachs?
Posted: November 05, 2009, 11:20 AM by Jonathan Ratner

http://network.nationalpost.com/np/blogs/tradingdesk/GS.jpgThe only thing larger than an investment banker’s compensation is his ego. There’s a widespread understanding among the in-crowd on Bay Street or Wall Street that they deserve multi-million dollar paycheques because they’re the smartest, hardest-working people out there.

Even a financial crisis doesn’t do much to tame the ego of a true investment banker. House of Cards, William D. Cohan’s excellent up-close-and-personal account of the fall of Bear Stearns, features an unforgettable profile of Jimmy Cayne, the potty-mouthed former CEO of Bear Stearns. As his company lay in ruins, Cayne turned his hose of bile on Timothy Geithner, the president of the New York Federal Reserve Bank. Cayne dismissed Geithner, now U.S. Treasury Secretary, as a “clerk.” Then Cayne really got going: “This guy thinks he’s got a big d---. He’s got nothing, except maybe a boyfriend.”

Bear Stearns, of course, is ancient history at this point, but investment bankers still strut where others walk. And why not? A recent regulatory filing by Goldman Sachs reveals that the company is gushing money. It routinely made more than US$100-milion a day in profit during the third quarter, according to
a story Thursday in the Financial Times.

All of this raises an interesting question: should you invest in an investment bank?
Goldman Sachs, the premier investment bank left standing, fetches about US$171 a share. It trades for less than seven times cash flow and only about 1.5 times book. It’s made about US$5 a share during the past two quarters, which suggests that its current price is only about eight times annual earnings.

Those valuations are tempting, because business, in many ways, has rarely been better for Goldman. Many of its past competitors, such as Bear Stearns and Lehman Brothers, are dead. The US government is pumping liquidity into the system and Goldman, which recently became a bank holding company to avail itself of low-cost government funds, is making the most of this era of cheap money.

The downside? Investment banking is a volatile business and a highly leveraged one. Even in good times, an investment bank depends upon dollops of borrowed money to amplify its profits and that borrowed money can disappear quickly if lenders get skittish. 

The biggest risk, though, is the human one. An investment bank like Goldman doesn’t possess much in the way of physical assets. It can’t rely upon well-known brand names or technology patents for recurring income. It has only one real asset: its staff. Every year its army of investment bankers has to come up with new ways to generate income from trading and deal-making.

And that brings us back to the question of how smart these guys really are. My personal problem with investing in an investment bank like Goldman comes down to my inability to figure out whether a) these guys are as smart as they like to think, and b) whether that’s a sustainable advantage.

Before you arrive at your own judgment, I recommend you read
Felix Salmon’s hilarious, serrated account of the past few Goldman chiefs.
 
If these guys are as smart as they’re supposed to be, it doesn’t seem to carry over to the world outside of Wall Street.
 
Freelance business journalist Ian McGugan blogs for the Financial Post. 


Photo: Chip Somodevilla/Getty Images – Former Goldman Sachs chairman and CEO, Henry M. Paulson Jr., testifies during his Treasury Secretary confirmation hearing on Capitol Hill, June 27, 2006.



Read more: http://network.nationalpost.com/np/blogs/tradingdesk/archive/2009/11/05/how-smart-really-are-the-guys-at-goldman-sachs.aspx#ixzz0WPR30fEz
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http://network.nationalpost.com/np/blogs/tradingdesk/archive/2009/11/05/how-smart-really-are-the-guys-at-goldman-sachs.aspx

 
Did Hayman Capital Spread The Goldman Sachs Rumor That Helped Destroy Bear Stearns?

By Mark Mitchell, Published: October 30th, 2009 3:17 PM PDT

http://www.marketrap.com/article/view_article/91167/did-hayman-capital-spread-the-goldman-sachs-rumor-that-helped-destroy-bear-stearns

It was perhaps the single most important moment leading to the downfall of Bear Stearns.

On March 13, 2007, reporter David Faber, live on CNBC, said, “I’m told by a hedge fund that I know well…I’m told that [last night] Goldman would not accept the counterparty risk of Bear Stearns.”

Faber and that hedge fund might as well have flown an airplane into the side of Bear Stearns’s headquarters on 47th Street.  Previously, there had been rumors about Bear Stearns, but this was the first time that anyone had stated as fact that a major bank was refusing to accept Bear Stearns risk. It wasn’t until Faber and that hedge fund unleashed the explosive news — right in the middle of a crucial interview with Bear Stearns CEO Alan Schwartz – that the run on the bank began.

This raises two important questions:  Which hedge fund told Faber that Goldman wasn’t accepting Bear’s counterparty risk? And, was the news true?

The answer to the second question is a definitive “No.” We know this because some hours later, Faber reported that, actually, “Goldman did say alright, now we will accept Bear as a counterparty.”  Oops. Of course, at this point it was too late – clients were fleeing Bear Stearns in mass, panicked by the news that Goldman might or might not have accepted Bear Stearns as a counterparty. The run on the bank had started, and Faber’s retraction did nothing to stop it.

To answer the first question, it is necessary to understand that short selling hedge funds often “foment” the markets by spreading incendiary information about the companies they are attacking. In a video sold to hedge fund managers and other high paying subscribers, CNBC’s Jim Cramer, a close associate of David Faber, once encouraged hedge fund managers to “foment.” He said, “Now you can’t foment. That’s a violation of…But you do it anyway because the SEC doesn’t understand it…This is actually blatantly illegal…But I think it’s really important to foment.”

It is also necessary to understand that one particular network of hedge funds has, for several years, have accomplished much of their “fomenting” by placing false or hysterical stories with a specific group of dishonest journalists. After the hedge funds have demolished a company’s stock price, they turn to those same journalists to cover up their misdeeds and present skewed versions of what happened to the company.

One of these journalists is Jim Cramer. Another is David Faber. A third is Roddy Boyd, formerly of Fortune magazine.  Roddy is particularly humorous because he unwittingly tends to reveal the miscreancy of his hedge fund sources. By reading between the lines of his stories and turning a keen ear to his public boasting, we can often discover nuggets of truth. So it is that Roddy has revealed the likely identity of the hedge fund that crashed that airplane into the side of Bear Stearns.

In a story published on March 30, 2007, Roddy repeated the assertion that Goldman had refused to serve as a counterparty to Bear Stearns. He noted that Goldman had stated this refusal in an email that Goldman sent on March 11, 2007. And in support of this assertion, Roddy quoted Kyle Bass, the manager of a Dallas-based hedge fund called Hayman Capital. “I was astounded when I got the [Goldman] e-mail…” Bass said to Roddy. “Goldman told Wall Street that they were done with Bear, that there was [effectively] too much risk. That was the end for them.”

Kyle Bass is known to be a close friend of David Faber. The two men worked together on “House of Cards,” Faber’s CNBC special documentary on the collapse of Bear Stearns. It appears quite likely that it was Bass’s hedge fund, Hayman Capital, that fed Faber the death-knell news that Goldman had refused to serve as a counterparty. And to convince Faber that Goldman had cut Bear off, it is likely that Hayman alluded to the same supposed “email”  from Goldman to Hayman that was later cited by Roddy Boyd.

Beyond these suppositions, the story gets a bit murky. Depending on whom you ask, there was either no such email, or there was an email, but it was an utterly routine email that merely stated that Goldman could not immediately process counterparty requests, but would do so in short order. While Roddy gives absolute credence to Bass’s claim that “Goldman told Wall Street that it was done with Bear Stearns,” he also states, in parenthesis, that Goldman denied that it had refused to accept Bear’s counterparty risk, which is another way of saying that Bass’s claim was an exaggeration to say the least.

In hopes of getting to the bottom of this, I called Hayman Capital. Hayman’s lawyer, Chris Kirkpatrick, told me that neither Bass nor anyone else at the hedge fund would comment on the matter. Apparently, Hayman only speaks to Roddy Boyd, David Faber and a few other journalists known to be tools of short selling hedge funds. Certainly, Hayman would not provide me with a copy of the famous email.

The most I could get out of Kirkpatrick was a vague statement that “what has been reported in the media is not accurate.” I do not know if he meant that Roddy’s story was inaccurate – that Bass, in fact, no longer claims that “Goldman told Wall Street that it was done with Bear Stearns.”  I do not know if he meant that it was inaccurate to suggest that Bass had received an email that said as much.

What I do know is this: at the time that Faber and his hedge fund source (probably Hayman) delivered that deadly blow to Bear Stearns, Goldman Sachs (GSwas accepting Bear Stearns counterparty risk. That is an absolute fact.

So here’s the kindest scenario:  Goldman at one point sent out some kind of email. It is possible that Goldman is lying (it does that sometimes), and this email did, in fact, state that Goldman would not serve as a counterparty to Bear Stearns. Or it is possible that the email stated no such thing. Either way, by the time of Faber’s report Goldman was accepting Bear as a  counterparty so the email was no longer relevant.

Although the email was no longer relevant, Hayman Capital was either confused or super-excited by said email, and in its tizzy, Hayman couldn’t control itself – it just had to call David Faber with the shocking news right before Faber was to conduct a life-or-death interview with Bear Stearns CEO Alan Schwartz. But that’s all it was – an innocent tizzy. Hayman certainly did not mean to spread inflammatory information about Bear Stearns.

The other scenario is that a cabal of hedge funds, including Hayman capital, orchestrated a “conspiracy” to destroy Bear Stearns for profit. That is the scenario that Bear Stearns’ former CEO, Jimmy Cayne, laid out for Fortune magazine. When a Fortune reporter (not Roddy Boyd) quoted Cayne’s “conspiracy” remark, Hayman Capital’s lawyer, Kirkpatrick, wrote a letter to Fortune in which he stated that “Cayne’s rant” was a “feeble attempt to deflect blame…”

Hayman’s lawyer added that Hayman “did not have any positions in Bear Stearns’ securities at the time of its failure…In short, Hayman did not stand to profit from [Bear Stearns’s] failure.”

Because our markets are defined by their opacity there is no way to confirm whether Hayman had any &ldquoositions in Bear Stearns’ securities” or any other kind of bet against Bear Stearns. The SEC does not require hedge funds to report their short sales, their credit default swap positions, or any of the myriad other derivatives by which a hedge fund might profit from the demise of an investment bank.

But given that Hayman reportedly was betting big against subprime mortgage derivatives, and given that the value of such derivatives plummeted as the result of the Bear Stearns fiasco, it is a bit disingenuous for Hayman to suggest that it “did not stand to profit” from Bear’s failure.

Moreover, Hayman failed to mention that one of its most important investors was Dan Loeb, manager of a hedge fund called Third Point Capital. As Deep Capture has detailed elsewhere, Loeb is very much a part of that network of short sellers that has habitually disseminated false information through a clique of dubious journalists, including David Faber and Roddy Boyd.

Most of these hedge fund managers, including Loeb, are connected in some way to the famous criminal Michael Milken or his close associates. (Loeb worked side-by-side with many of Milken’s former traders at Jefferies & Co., and got his first big break by obtaining preferential access to certificates of beneficial interest that had been issued by Milken’s bankrupt operation at Drexel Burnham Lambert). And members of this network, including Loeb, were by far the biggest short sellers of Bear Stearns stock.

Most of these hedge funds invest in smaller hedge funds with the expectation that the smaller hedge funds will somehow participate in their attacks on public companies. I do not know what preconditions came with Loeb’s investment in Hayman, but I think it’s fair to say that Hayman is an honorary member of the network.

As a measure of the lengths to which this network goes to spew false information, consider that Loeb once contracted with an outfit called Magic Consulting – owned by convicted stock manipulator Michelle McDonough (formerly Michelle Sarian). Emails obtained by Deep Capture show that McDonough’s job was to coordinate a stable of internet stock message board posters and journalists who bashed stocks shorted by Loeb and his friends. McDonough was herself a fairly prolific message board basher, prior to going to prison.

One of the internet message board bashers in McDonough’s stable was Floyd Schneider, a former employee of a Mafia-connected short seller named Anthony Elgindy, who is currently serving an 11-year sentence for short selling crimes. One of the journalists in McDonough’s stable was the above-mentioned Roddy Boyd.

In one email to Schneider, Roddy refers to McDonough as “our mutual best friend.”

So we might question Roddy’s version of the Goldman email story. We might question Roddy’s relationship with Hayman Capital. We might question Hayman Capital’s relationship with Loeb and his network of “fomenting” short sellers. And we might also question whether these short sellers deliberately set out to destroy Bear Stearns.

Actually, it is not we who must question. It is the SEC. But as Jim Cramer said, the SEC “doesn’t understand.”

 Mark Mitchell is a reporter for DeepCapture.com. He previously worked as an editorial page writer for The Wall Street Journal in Europe, a business correspondent for Time magazine in Asia, and as an assistant managing editor responsible for the Columbia Journalism Review’s online critique of business journalism. He holds an MBA from the Kellogg Graduate School of Management at Northwestern University. Email: mitch0033@gmail.com

Related: GS

http://www.marketrap.com/article/view_article/91167/did-hayman-capital-spread-the-goldman-sachs-rumor-that-helped-destroy-bear-stearns

 
JPMorgan Said to Detect Kiener Scam That Stung Banks (Update3)
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By David Scheer and Saijel Kishan

Nov. 6 (Bloomberg) -- JPMorgan Chase & Co. found an unsettling fact buried in the books of newly acquired Bear Stearns Cos. last year: The brokerage had loaned millions of dollars to a German money manager for bets on hedge funds no one had ever heard of.

JPMorgan’s efforts to follow Bear Stearns’s money, described by a person familiar with the matter, helped spur an international probe of K1 Group that led to the arrest of its founder, :S:d1" rel="nofollow">Helmut Kiener. JPMorgan, one of at least three banks that loaned to K1, faces about $100 million of the $400 million in losses, the person said. The case, if proven, may be among the biggest hedge-fund frauds to target banks, said :S:d1" rel="nofollow">Thomas Newkirk, a partner at Jenner & Block in Washington and former U.S. Securities and Exchange Commission enforcement official.

“When the economy is flourishing, money is easy” for hedge funds, said :S:d1" rel="nofollow">James Ratley, president of the Association of Certified Fraud Examiners in Austin, Texas. A scheme can be “hidden just beneath the paperwork. It’s the skin of truth stuffed with a lie.”

Accounts of people with knowledge of the inquiry and a German warrant for Kiener’s arrest offer the clearest picture yet of what authorities suspect K1’s funds, which invest in other hedge funds, did with money borrowed from banks on two continents. Kiener, who hasn’t been charged, remains in jail after prosecutors in Wuerzburg, Germany had his home and offices raided last week. His firm has yet to announce what will become of his two British Virgin Islands-based funds, K1 Global Ltd. and K1 Invest Ltd.

Beach Home, Aircraft

Kiener allegedly diverted money to pay $19 million in cash for a beachfront home in Florida, $37.1 million for a Bombardier business jet and $9.4 million for two other aircraft, according to the search warrant and people familiar with the case.

A spokeswoman for :S:d1" rel="nofollow">Lutz Libbertz, Kiener’s Munich-based attorney, said the lawyer can’t yet comment on the allegations. K1 Group didn’t reply to messages seeking comment this week. Kiener is seeking to be released from jail, arguing that he has diplomatic status, :S:d1" rel="nofollow">Dietrich Geuder, a spokesman for German prosecutors, said in an interview today. Geuder, who doesn’t expect a ruling before next week, said complaints from banks started the German investigation.

As JPMorgan employees scrutinized K1’s investments in more than 70 hedge funds last year, they noticed that relatively small allocations had been made to the most reputable firms, while larger stakes went to firms whose names and businesses they didn’t know, a person familiar with the matter said. That fueled the bank’s concerns that the money was being misused, the person said.

Barclays, BNP

German prosecutors suspect that Kiener, 50, borrowed at least $280 million from two other banks, Barclays Plc and BNP Paribas SA, besides JPMorgan, while misleading them about what he would do with their money, according to the arrest warrant obtained by Bloomberg. Prosecutors claim a disproportionate amount of borrowed money was steered to funds that recycled it to K1 Global and K1 Invest, or diverted it to support Kiener’s lifestyle.

:S:d1" rel="nofollow">David Wells, a spokesman for New York-based JPMorgan, declined to comment on losses or the bank’s role in the probe. :S:d1" rel="nofollow">Geuder declined to elaborate on the arrest warrant, which outlines the office’s preliminary findings.

JPMorgan began tracking its money as the financial crisis intensified in September 2008, a person familiar with its efforts said. Bear Stearns’s loan was initially placed in an investment pool, for which HSBC Holdings Plc served as custodian. Under direction of a K1-appointed investment adviser, HSBC, which hasn’t been accused of wrongdoing, bought stakes in more than 70 hedge funds.

Oceanous Asset Management

JPMorgan verified dozens of the investments, and winnowed the list to about seven relatively unknown firms that had apparently received almost a third of Bear Stearns’s money, the person said. Among them were three firms: Nauticus I, Nauticus J and Silverback Fund Ltd. Silverback isn’t associated in any way to Silverback Asset Management LLC of Chapel Hill, North Carolina, said :S:d1" rel="nofollow">Andrew Chacos, chief operating officer for the U.S. firm.

German prosecutors focused on the same funds, describing in Kiener’s arrest warrant what they suspect happened to about $220 million Barclays loaned to K1. In that case, a K1-appointed investment adviser, X1 Fund Allocation GmbH, steered about $118 million to the three funds, the warrant says. Though Nauticus and Silverback claim to be run by different companies, all three are operated by Oceanus Asset Management, the warrant alleges. While Oceanus publicly appears to be led by “a Mr. Tausche,” it’s actually controlled by Kiener, the document said.

Rather than manage Barclays’s money, the Nauticus and Silverback funds routed more than 90 percent of it back to K1, buying stakes in the German firm’s two main funds, prosecutors wrote in the warrant. The money Barclays loaned to K1 is “for the most part” gone, the document says.

Cayman Islands

X1 Fund Allocation is based in Hamburg and run by :S:d1" rel="nofollow">Ulrich Mittendorf, according to the warrant for Kiener, who is described in it as a “co-accused” in the case. Mittendorf declined to comment yesterday.

:S:d1" rel="nofollow">John Tausche, who is listed as Wichita, Kansas-based Oceanus’ “managing member” in a 2006 filing with the U.S. Securities and Exchange Commission, declined to comment last week on the firm’s relation to Kiener or K1. Tausche didn’t return phone calls seeking comment this week.

About $56 million of Barclays’s money was entrusted to a Cayman Islands investment firm, Mezzanine Financing Ltd., which Kiener had founded in 2007 with help from :S:d1" rel="nofollow">Stefan Seuss, according to the warrant.

Seuss, a German citizen living Miami, has been on the Federal Bureau of Investigation’s radar since at least 2007, when he was targeted in a money-laundering sting, according to an indictment against him unsealed last week at Philadelphia federal court. Before the FBI arrested him in that case last week, Seuss had been helping agents track Kiener’s money, a person familiar with the case said Oct. 29. Seuss hasn’t entered a formal response to the allegations.

Helicopter, Turboprop

Kiener, through Seuss, used the Barclays funds to acquire a Bombardier jet, capable of ferrying 19 passengers non-stop from Frankfurt to New York. He planned to rent it to business travelers, while using it as collateral for a $26 million loan from Credit Suisse Group AG, the warrant alleges. Some $13 million of that money allegedly flowed back to his K1 Invest fund.

With Seuss’s help, Kiener bought a Bell helicopter for $4.8 million in 2007 and a Piaggio Avanti turboprop plane for $4.58 million in 2008, the warrant alleges. Those were mainly intended for Kiener’s own use, it claimed.

He also arranged for a firm associated with Seuss, called Consistent Income LLC, to buy a 14,000 square-foot oceanfront mansion in Delray Beach, Florida, people briefed on the matter said. The home is now sale for $23 million to help K1 repay investors, according to people familiar with the matter.

To contact the reporter on this story: David Scheer in New York at dscheer@bloomberg.net; Saijel Kishan in New York at skishan@bloomberg.net;

Last Updated: November 6, 2009 13:22 EST
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Posted: Nov 15, 2009 6:26am
Nov 10, 2009

 

Homeowners Rage At Chase For Stringing Them Along On Mortgage Mods (JPM)
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angrycouple tbi
JPM Nov 2 2009, 04:15 PM EST
42.58Change% Change+0.81+1.94%
We still think that the entire loan modification endeavor is a gigantic waste that's doomed to fail. But we completely feel for homeowners who are trying, in good faith, to do a workout with their bank, only to have the process stymied by intentional foot dragging.

 

You see, the banks love to tout the number of home mods they're working on -- they just don't want to actually modify them in a meaningful way.

One irate JPMorgan (JPM) chase customer writes:

Its not the borrowers, its the lenders.  If you know of any way to get in contact with [Edward] Pinto, please have him (as well as yourself) take a quick glance at the following forum with THOUSANDS of people getting strung along by Chase, on trial payments number 6/7/8 with nothing being converted to permanent.

http://www.loansafe.org/forum/chase-mortgage-tell-us-your-chase-story/

I am on my 6th payment now.  Can't tell you how many times I have had to send the same document requests to chase, maybe 20, 30.  I bet I have logged 100+ hours giving them everything they want.

They are not approving permanent mods, reporting people past due and ruining credit, instead of going to the floor 2% interest rate they are adding HUGE balloon payments (example is $297K I read from a guys post), all of which are outside of HAMP guidelines, etc.

Clicking that link above is a sure way to get depressed for the afternoon -- not just because foreclosures are depressing, and because it's depressing to see the dire straights so many homeowners find themselves in. It is a waste of time and human energy.

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Posted: Nov 10, 2009 12:28pm
Nov 10, 2009

 

Saving their homes: Has Obama's plan helped?
By Tami Luhby, CNNMoney.com senior writer
November 06, 2009

profiled homeowners hoping to qualify for President Obama's foreclosure-prevention plan.

Four months later, they checked in to see if their was any update.


Jose Rivera at his home in Manchester, Conn.
+ See More Homeowners' Stories
Jose Rivera: Still waiting

Jose Rivera has been trying to refinance his mortgage since April under the president's foreclosure prevention plan, which allows those with little or no equity in their home to take advantage of today's low mortgage rates.

First, his loan servicer told him he'd have to wait until the end of July because he has private mortgage insurance.

Now, Bank of America said to him it is awaiting guidelines from the federal government on how to refinance loans for those whose mortgages are valued at 125% of the home's worth. The Obama administration adjusted the refinancing program in July to cover more homeowners whose properties have declined in value.

The program's expansion was critical for Rivera, whose home value has dropped by more than $50,000 to $297,000. His mortgage is now 119% of his home's worth.

Rivera, a quality analyst at a financial services company, can afford to pay his mortgage, but would like to lock in today's rates, which have hovered below 5%. He is paying 7%. Rivera, who received no raise and only 20% of his typical bonus, thinks he can save nearly $500 a month by refinancing at 5%.

"This continues to be an extremely frustrating process," he said. "This program was approved in July, but here we are in October and apparently it is still not available to people like me who qualify and could very much use the assistance from the program."

A Bank of America spokeswoman said the servicer hopes to start processing refinance applications under the expanded program soon. The bank will also see whether Rivera qualifies for a loan modification.

Jeffrey Huegel: Lower payments

In late July, Jeffrey Huegel got the news he had been waiting for.


Jeffrey Huegel with his daughter, Sara. They live in Auburndale, Fla.
+ See More Homeowners' Stories

Bank of America was willing to trade his adjustable-rate mortgage, carrying a 9.5% interest rate, to another loan with a much lower rate. His monthly payments dropped to $622 a month, from $1,200.

Though he applied for the Obama foreclosure rescue plan, he received a different type of modification. Bank of America says it put him into a two-year, interest-only mortgage with a 5.375% rate. After his loan adjusts, he will pay $844 a month.

Huegel, a sheriff's deputy, had fallen behind in his payments after facing hefty medical bills and a loss of overtime. He said the bank - which took over his loan when it bought his original lender, Countrywide -- started threatening him with foreclosure.

With his new mortgage, Huegel is able to make his payments on time.

"I can stay in my house and not have to worry about going into foreclosure," he said.

Bank of America said it will review Huegel's file to see why he was not placed in an Obama modification.

500,000 homeowners receive modifications

President Obama's foreclosure rescue program has helped 500,000 troubled homeowners by putting them into trial modifications with lower monthly payments.

The administration, however, continues to pressure loan servicers to do more as homeowners complain the process is still slow and frustrating.

Consumer advocates have said that the president's initiative has prompted servicers to help more people than ever before. But, there is still a long way to go.

The administration's efforts are only "chipping away" at the problem, said Barry Zigas, director of housing policy for the Consumer Federation of America.

What remains to be seen is how many of the half-million people in trial modifications will receive permanent help. The Treasury Department recently lengthened the trials to five months, from three months, to give banks more time to collect and process homeowners' income verification documents.

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Posted: Nov 10, 2009 11:58am
Nov 5, 2009

 

Feinberg: Striking the First Blow

robber_baronsIn New York, the rich are part of the landscape. One doesn’t pay too much attention to their excesses; in fact, it provides a little vicarious joy. You might think that seeing them leave the Park Avenue buildings where you’ll never live to enter the limo you’ll never ride in to go to the restaurant you’ll never dine in might provoke some envy, but that’s seldom the case. People don’t begrudge other people’s success, but they do want two things: one, a fair amount for themselves, and two, the sense that sometime, somewhere, the money was fairly earned.

Looking at executive compensation in the last decade, it’s hard to make the case that the money was earned. Among the strongest impressions from House of Cards, William Cohan’s excellent account of the fall of Bear Stearns, are his stories about how richly the Chairman of Bear Stearns, Jimmy Cayne, was compensated, and, at the same time, how little he worked and how little he knew about his company. Cayne, who was paid multiple millions and whose net worth at one time topped $1 billion, was [and is] a champion bridge player who took off days at a time&ndasheriods when he was incommunicado–to play in tournaments. He would also do things like commandeer the company helicopter to fly him from Manhattan to his country club in New Jersey so he could play 18 holes of golf on a weekday afternoon. Meanwhile, he had no knowledge of the derivatives and the credit default swaps that led to massive overleveraging that caused his company’s abrupt collapse.

When you read things like that, you realize that Jimmy Cayne was paid, but that he didn’t earn. He, and his colleagues, and people like them at other investment banks, were simply borrowing against their assets, perhaps as much as thirty times over, and rewarding themselves by grabbing fistfuls of what seemed like the profits. And executives at other companies followed their example. jack Welch, the CEO of GE, ostensibly one of the best managed companies in the world, negotiated a retirement package that not only provided him a lavish pension, an apartment, premium health insurance, and season tickets to the Yankees and Red Sox–it also paid for his postage stamps! But hey–everybody was doing it.

Yesterday we learned that perhaps the process of bringing that insanity to an end has begun. We learned that pay czar Ken Feinberg intends to cut salaries of the 175 top executives at the companies that received government assistance by as much as half. The question today is whether this is going to be an isolated brick chucked at a palace window, or the first step in the storming of the gate.

The argument that has been floated all year, ever since the AIG bonus outrage, is that if you cut compensation at a firm, you will initiate a talent exodus, and place the firm at a competitive disadvantage. This could be a very good thing. Too much of the economy is lodged in the financial sector, and too much of finance is taken up with alchemy like credit default swaps. Too many brains have been working at hedge funds, places not where investments are made but where markets are played and manipulated (as onetime hotshot hedge fund operator Jim Cramer unembarrassingly acknowledged.) So yeah, let’s drain some of the money out of this system. Let’s make the game less lucrative. Let’s see some of the fine young minds that are cramming into the business majors at the Ivies go into something else. Maybe one of them could go into research and find a cure for cancer. Or do something really worthwhile, and find a formula that would help news organizations make money on the web.

The point is, the Free Market ideology which dominated the country since the the 1980s may or may not have unleashed a spirit of entrepreneurial creativity that benefited society at large (though it’s hard to argue that it did, what with salaries being essentially unchanged in two decades.) But what it indisputably unleashed is an era of financial manipulation, financial cleverness, in which massive amounts of compensation is paid to people who inflate quarterly profits that may not endure through the next quarter, who fraudulently pad real estate values that underwrite undeserved mortgages, who pack boards of directors with malleable cronies, who labor to devise ways to wring risk from transactions that are not risky but actually dishonest. Feinberg’s ruling is a useful step in preventing the next Jimmy Cayne, but it’s just the first of many that will be needed. We need to restore the sense that there is a real relationship between having money and having earned it.

http://trueslant.com/jamiemalanowski/2009/10/22/feinberg-striking-the-first-blow/


 

Former Bear Stearns boss Jimmy Cayne is mainly associated with the drug marijuana smoker and apparently, but he may have been into the hard stuff as well. Charlie Gasparino reveals in his new book, The Sell-Out (via NYMag) that Cayne was all about going on skiing trips:
 

Cohen recalls one such incident of Cayne’s free-living lifestyle: Cayne called him to his forty-eighth floor corner office with its great view of the East River in Lower Manhattan to discuss some firm business. After a couple minutes of small talk, Cohen says Cayne reached down into his desk and pulled out a blue Bromo Seltzer bottle. (Bromo Seltzer is a white powdery antacid.) “What do you think’s in here?” Cayne said, according to Cohen’s recollection. “Bromo Seltzer?” Cohen asked, slightly bewildered. “No, it’s filled with cocaine,” Cayne said with a smile.

Cohen never checked to see if that was true, and Cayne in an interview says he has never done coke (he also called Cohen’s account &ldquoatent bullshit&rdquo.

How long until someone starts referring to Jimmy as "Cocaine Cayne"? (via Dealbreaker)


 
Jimmy Cayne Has Some Questions He’d Like To Ask Posted by Bess Levin, Oct 23, 2009, 2:47pm

acegreenberg.pngNamely, did Ace Greenberg’s million dollar donation in 1998 to New York City hospitals, which paid for Viagra prescriptions for homeless men, reflect poorly or favorably on Bear Stearns? JC ponders this and other questions on the subject of the down on their luck getting it up via spokesman Charlie Gasparino, an expert on the sex habits of the destitute, in The Sell-Out:

Ace would always be the guy who marched to his own drumbeat. It’s what made him a media darling; the press loved his mannerisms, from the magic tricks he performed on the trading desk to the fact that he answered his own telephone calls. Cayne saw the dark side of Greenberg’s personality; it’s why he never doubted the sexual harassment story.

As crazy as Cayne seemed, Greeberg could match him in being off the wall. It was, after all, Greeberg who had once donated $1 million to a hospital so homeless men could enjoy sex by having access to free Viagra. He had made a splash of it, making the announcement in the New York Times without alerting Cayne, who first heard it when he picked up the paper in the morning and nearly hit the ceiling.

“Are you fucking kidding?” Cayne screamed at Greenberg after reading the story.

 

“A million bucks so homeless men can jerk off? How does this make the firm look? How does this make me look?” Cayne snarled before slamming down the telephone.

Oh, he was good and riled up then for sure. Where does this Ace guy get off? Nobody and I mean nobody jerks off the homeless without Jimmy Cayne’s say so first, right?! Damn right, JC thought to himself, before sitting down on his pot couch to take the edge off things. But seriously, how did this make Bear look? Maybe what enraged JC had less to do with tainting Bear’s image than the fact that the donation made him look bad because he didn’t think to do it himself and beat AG to the punch?

http://dealbreaker.com/2009/10/jimmy-cayne-has-some-questions.php

 
 
Published Sun, Oct 11, 2009 02:00 AM
Modified Fri, Oct 09, 2009 10:57 PM
Arrogance topples a house of cards
Photo courtesy of William Cohan
Cohan
 
Before heading off to a 17-year career as an investment banker on Wall Street, William Cohan spent two years in the early 1980s covering education for The Raleigh Times. After getting fired as a banker in 2004, Cohan returned to his journalistic roots and has become an award-winning author of two books about high finance.

Cohan, 49, spoke by phone from New York City with staff writer David Bracken. Some edited highlights:

Q: How did you get so many of the key players involved in Bear Stearns' collapse to talk to you?

Honestly, I don't know. It's always either some sort of kismet or chemistry or some imponderable, and maybe it's partially because I worked on Wall Street. I'm certainly not a neophyte about the way Wall Street works, and I have a pretty good understanding of Wall Street.

Q: How did investment banks such as Bear Stearns adopt highly leveraged business models that proved so vulnerable during last year's crisis?

The short answer is that a culture developed on Wall Street where it was a sense that vast sums of money -- in terms of compensation -- could be made using other people's money. And you had nothing at risk. Wall Street is very good at financial innovation. These products would get innovated, would get developed, and then Wall Street's a selling machine, so it just sells the things that their brain trust comes up with without any regard or accountability whatsoever for the consequences of what they're selling. It's quite a system.

Q: How much do you think the people running these companies knew about the complex financial products they were selling?

Jimmy Cayne [former CEO of Bear Stearns] told me he really didn't understand the products and by the time he figured it out it was too late. And he takes sort of blame for that, as much as you can. I have trouble believing that. He certainly understood how much money the firm was making, and he understood how much he was getting paid and how much his net worth had expanded exponentially. ... And then to turn around and say, "Oh yeah, but by the way, I didn't understand the risks the firm was taking" -- I don't know. They're too smart for all that. ... One thing I've lamented over and over again is how not one, single CEO on Wall Street has come forward to explain to the American people what they did and what happened here and why. And I'm sure their lawyers tell them not to even think about doing such a thing. I think we're owed an explanation at this point.

Q: Do you think Wall Street investment banks have changed or learned anylessons from this crisis?

They're capable of learning from their mistakes in the sense that we don't repeat the crisis using the same old products. The behavior is actually consistent throughout. So, in October of 1987 we had the market crash, and that was related primarily to over-leveraging of junk bonds. A decade later we had the Internet IPO crash. And now we have the mortgage-backed security crash. The same thing that happened will not happen again. However, this passion for financial innovation and taking other people's money and trying generate as much revenue as you can -- that has not changed at all.

Q: What reforms need to be done to ensure this doesn't happen again?

To me it gets down to this question of accountability for behavior. Oversight from Washington is nice, if they bother to do it. You need to get back to something ... so that there's accountability for people's day-to-day roles and responsibilities and jobs. Human nature is pretty simple; people do what they're rewarded to do. If people are rewarded for selling mortgage-backed securities without giving it a second thought, that's what they will do.

Q: Do you think the executives at these firms have an understanding of the animosity towards them in the country?

I think they're not idiots, so on one level they certainly do understand the animosity that is directed their way. But on the other hand, they live in a bubble. They live in their own kind of world. The paperback edition of the book is coming out in January, and I have written a new afterward for it. I spoke to Alan Schwartz [Bear Stearns CEO] again, sort of like a year later kind of thing, and as much as like Alan, he continues to propagate this idea of having sort of minimal responsibility for what happened. So I think by and large there is this sense that, yeah, there's this anger directed at us and maybe it's because we make all this money but are we really responsible? I don't think they feel like they were responsible.

Q: What are you working on now?

I'm working on a new book about Goldman Sachs. Goldman, if people even know about it at all, seems like a black box to people. This sort of money machine, quite literally. I'm going to try to open up the black box and explain to people how they make money, what the culture is like and, of course, how they managed to navigate through the choppy waters of this crisis and come out smelling like a rose.

Q: Is your life better since being fired from Wall Street?

I'm much, much, much happier. When my kids come home at 4 p.m., I'm here. Not on a stupid airplane going to a stupid meeting.

david.bracken@newsobserver.com or 919-829-4548
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