By Pam Martens: July 10, 2013  The Partnership for Civil Justice Fund has filed Freedom of Information Act (FOIA) requests with the National Security Agency (NSA), the Department of Homeland Security (DHS), the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to learn further details about the mass surveillance programs exposed by Edward Snowden. The nonprofit organization is demanding to know the scope of the programs, their operating guidelines and procedures, the retention of data collected through such programs, and internal evaluations attempting to justify these programs’ legality and constitutionality.  The FOIA request reads in part: “The people of the United States have an urgent need for disclosure of the requested information regarding what appears to be the largest covert surveillance program directed against them in U.S. history. The U.S. government and its agencies that are carrying out these unprecedented surveillance programs are not entitled to hide these … Continue reading →

By Pam Martens: July 9, 2013 According to a report out of London this morning, the New York Stock Exchange (NYSE/Euronext) has been selected from a number of bidders to take over administration of Libor, the now discredited, rigged interest rate benchmark that had been previously overseen by the British Bankers Association, a lobbying organization for banks. The idea that turning over the administration of Libor to the NYSE, whose major shareholders include some of the Wall Street firms currently under investigation for rigging Libor, would restore confidence in using Libor as an interest rate benchmark is…well…typical of Wall Street’s irrational thinking. According to a March 31, 2013 report from Morningstar, the following Wall Street firms are among the major shareholders of NYSE/Euronext: Citigroup,  6.5 million shares; Morgan Stanley, 5.9 million shares; JPMorgan Asset Management (UK) Ltd., 4.9 million shares; Merrill Lynch & Co. Inc., 4.2 million shares; Deutsche Bank … Continue reading →

By Pam Martens: July 8, 2013  Senator Charles (Chuck) Schumer of New York is writing letters and pounding the table to try to stop sweeping new regulation of derivatives from being put into effect by the Commodity Futures Trading Commission (CFTC) four days from now on July 12.  Schumer is leading an assault against Gary Gensler, Chair of the CFTC, who wants to impose cross-border rules which would prevent firms like JPMorgan Chase from simply moving its derivative trades to London or another foreign trading venue to escape U.S. rules – the situation that allowed JPMorgan to lose $6.2 billion of deposits in its infamous London Whale derivatives episode.  Schumer’s actions and those of other Senate Democrats who joined with him in a letter to Jack Lew, Treasury Secretary, brought a sharp rebuke last week from the editorial board of the New York Times:  “In the letter to Mr. Lew, the senators … Continue reading →

By Pam Martens: July 3, 2013  The Federal Reserve Board yesterday announced that it had “approved a final rule to help ensure banks maintain strong capital positions,” but it was as clear as mud when or if the new rule would take effect and how it would lessen the risk of the too-big-to-fail banks and prevent another taxpayer bailout of Wall Street. After years of stonewalling on higher capital rules for banks, there was the nagging suspicion that the Federal Reserve decided to talk the talk on tougher standards after the House Financial Services Committee held a hearing last Wednesday that delivered a devastating assessment of how dangerous the largest Wall Street banks remain to the U.S. economy.  Thomas Hoenig, former President of the Federal Reserve Bank of Kansas City and now Vice Chair of the FDIC, reflected the general mood at the hearing when he stated that the biggest … Continue reading →

By Pam Martens: July 2, 2013  In July 2002, less than a year after Congress passed the USA Patriot Act, Nancy Chang, then Senior Litigation Attorney for the Center for Constitutional Rights, published a prophetic and comprehensive book about the legislation titled: Silencing Political Dissent: How Post-September 11 Anti-terrorism Measures Threaten our Civil Liberties.  Chang was one of the early visionaries to see that the USA Patriot Act was not so much about protecting us from terrorists but a weapon to control, contain and criminalize political dissent. I had the privilege of assisting in a New York City book launch event for Chang in September 2002, where Chang warned that the endless war on terrorism theme was critically different from past assaults on Constitutional freedoms during war time. The earlier crises came to an end when the country returned to peacetime. With an endless war mantra, there would be no … Continue reading →

By Pam Martens: July 1, 2013 Yesterday, beginning in the morning, every major online news outlet had a front page article on the breaking story that the NSA had electronically bugged the diplomatic offices of the European Union in Washington, D.C., at the United Nations and in Brussels – every outlet except the paper of record, the New York Times. The news first broke on Saturday at the online site of the German magazine, Der Spiegel, and went viral thereafter. The details of the story came from new documents leaked by Edward Snowden, the former intelligence contractor now sought by the U.S. for extradition and prosecution. Snowden is believed to be in an airport in Moscow while he seeks permanent asylum from Ecuador or another country. On Sunday, as hour after hour went by, as more outrage and invective flowed out of Europe, the story was nonexistent on the Times … Continue reading →

By Pam Martens: June 28, 2013  The day after the U.S. House of Representatives’ Financial Services Committee held a hearing on why their seminal financial reform legislation, Dodd-Frank, is a bureaucratic boondoggle that will not prevent another taxpayer bailout of Wall Street in the event of a systemic collapse, we learn just how vulnerable the system is to powerful men allowed to play with other people’s money.  Yesterday, the Commodity Futures Trading Commission (CFTC) brought charges in Federal Court against MF Global, its former CEO, Jon Corzine, and its former Assistant Treasurer, Edith O’Brien. Corzine is a former U.S. Senator and Governor of New Jersey. The two are charged with the unlawful allocation of customer money at the commodities trading firm. The company has agreed to settle the charges against the firm for $100 million. The claims remain outstanding against the individuals.  MFGlobal collapsed in October 2011. Corzine had directed the … Continue reading →

By Pam Martens: June 27, 2013  Former Federal Deposit Insurance Corporation Chair, Sheila Bair, was watching the clock on the wall yesterday during her questioning by the House Financial Services Committee on whether the Dodd-Frank financial reform legislation can stop another taxpayer bailout of too-big-to-fail banks.  In the midst of the hearing, it was announced that Bair would have to depart at 12 noon. Based on the answers coming from Bair versus the three other witnesses, there was the impression that Bair wanted to beat a hasty retreat to lunch.  The problem comes down to this: Bair and many on the Democrats’ side of the aisle, refuse to acknowledge that their much ballyhooed financial reform legislation passed in July 2010, the  Dodd–Frank Wall Street Reform and Consumer Protection Act, is an utter failure in reining in the abuses of the Wall Street behemoths as well as useless in preventing another … Continue reading →

By Pam Martens: June 26, 2013  The U.S. House of Representatives’ Financial Services Committee will convene at 10 a.m. this morning to hear new warnings about the growing dangers posed by the too big to fail Wall Street banks.  On deck to testify are: Thomas Hoenig, Vice Chairman of the Federal Deposit Insurance Corporation (FDIC); Richard W. Fisher, President of the Federal Reserve Bank of Dallas; Jeffrey Lacker, President of the Federal Reserve Bank of Richmond; and Sheila Bair, former Chair of the FDIC, now with the Pew Charitable Trust. (Bair wrote the quintessential insider’s account of the 2008 crash, Bull by the Horns.)   Tragically, these individuals spent hours writing their testimony with the full knowledge that it will far on the deaf ears of a Congress that is incapable of seeing a train wreck coming down the tracks until the mangled cars lie scattered over the landscape.  Here’s a … Continue reading →

By Pam Martens: June 25, 2013  The frightening “L” word is now making the rounds on Wall Street, resurrecting fears of the early days of the 2008 financial crisis. According to Wall Street veterans, liquidity has dried up in finding buyers for what hedge funds are desperate to sell: large blocks of lower rated bonds.  Since Federal Reserve Chairman Ben Bernanke held his press conference on Wednesday, June 19, of last week, hedge funds have been stampeding to unwind trades, driving down the value of not just bonds, but stocks, exchange-traded funds (ETFs) and gold as well. Even U.S. Treasury notes, the typical safe haven amidst panic selling, have lost significant value. The Treasury selloff is likely a result of the liquidity of the instrument; when hedge funds must raise cash quickly to meet margin calls and there are no bids for some of their other asset holdings, they have no … Continue reading →