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Ding! Round one ends in the legal fight between Bloomberg, LP, and The Federal Reserve. The Columbia Journalism Review provides a summary, as does Bloomberg itself.

Some preliminaries:

  • Here’s the original complaint.
  • Here’s the amended and expanded complaint.
  • Here’s a redacted version, showing the changes. (Please note I scanned two bitmap documents, and did OCR on them, and ran a document compare — there may be some errors here, but I did the best that I could.) The main expansion of the complaint is the inclusion of a request for documents related to the Bear Stearns rescue. It also clarifies that it is looking for loan records.
  • Here’s the the Fed’s answer to the amended and expanded complaint.

The Fed’s basic response is that no documents exist for some of the requests, that it has turned over some documents, but is holding onto 231 documents for which they have an exemption under FOIA. They claim exemptions 4 and 5, which are (from Wikipedia):

  • 4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
  • 5) inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency;

This is just my take, and I could be wrong, but it seems to me that the Fed refuses to disclose on the grounds that the documents are sensitive since they contain confidential financial information, or, they involve inter- or intra-agency communication, such as with the Treasury, or inside the Fed itself. Point 5 seems to be a pretty broad exemption, but it remains to be proven whether the information is of such a nature that only an inter-agency suit could force divulging the data.

I repeat my five points from my last piece on why they might want to hide the information:

  • The Fed is breaking its own rules, and lending on collateral that it publicly said that it wouldn’t lend against.
  • They are playing favorites with institutions, and don’t want that to be revealed.
  • The assets in question are technically in compliance with the rules of the Fed, but are worth far less than the amount loaned against them.
  • Certain banks would be embarrassed by revealing what they own.
  • It’s just a power game, and the Fed thinks it is above the law, particularly during a crisis (that it helped to cause).

As pointed out in the Bloomberg article above, there is a good possibility that they are trying to hide the amount that they have lost already. Also, as I have pointed out in my last piece on this topic, the insurance industry discloses everything with their assets, and it does not harm them. It would not hurt banks to do the same, and certainly if it is a matter of this one limited disclosure, the confidentiality of the banks would probably not be materially harmed.

So, Federal Reserve, what do you have to hide?

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  •  
    Thanks for the update. Please keep following up on this issue. All those concerned about disbursing public funds in such an opaque manner should write to their congressmen.
    2008 Dec 13 08:08 AM | Link | Reply
  •  
    The thing I find astonishing is that such behavior is tolerated. Why doesn't Congress direct the FED to release this information. We have already seen the FED act as if they own the economy, cannot its master direct it to be forthcoming?

    In Liberty,
    Louis
    2008 Dec 13 08:51 AM | Link | Reply
  •  
    Another big "Screw You" to the people who pay the bills. Hubris beyond belief.
    2008 Dec 13 08:52 AM | Link | Reply
  •  
    I suggest that everyone read a history of the Federal Reserve and, more importantly, a history of the Rothschild family. You'll soon realize that our elected officials are merely puppets and each of the two major parties is a different show for the same puppeteer.

    www.iamthewitness.com/...

    Look at a list of the countries that don't have a Rothschild-controlled central bank, and you find that is the same list of countries currently having or threatened to have war waged upon it by the US. Coincidence?

    2008 Dec 13 09:44 AM | Link | Reply
  •  
    Considering the track record of the FED, we can expect them to aid friends and screw the rest of us.

    On a related topic, when was our gold in Ft. Knox physically inventoried?
    2008 Dec 13 09:46 AM | Link | Reply
  •  
    The Fed isn't part of the government? I suppose the justification for that view is that the cost of federal reserve operations is met (in whole or in part) by fees paid by banks.

    But my guess is that federal reserve employees are federal employees and at least the chairman and members of the board of governors who are not there by virtue of being presidents of regional banks are appointed by federal officials.

    The mandate of the federal reserve is regulatory and that is a function of government. If the mandate of the federal reserve were to promote the interest of banks, then the argument that it is not part of government would hold more water.

    Here is one opinion that allowing Lehman Brothers to go bankrupt not a mistake. The failure of Lehman Brothers alerted the global financial community of the nature and the severity of the problem at a time when it was (hopefully) still manageable. If the fraud being perpetrated on the world by the financial community had been allowed to continue indefinitely, the consequences could only have been worse, perhaps even catastrophic.

    These are, of course, only the opinions of an amateur observer and participant in the financial markets. I am not leveraged, conservatively invested and down 30% for the year which is a lot better than many of the newly minted millionaires in the financial world.



    2008 Dec 13 09:49 AM | Link | Reply
  •  
    Propaganda
    2008 Dec 13 10:36 AM | Link | Reply
  •  
    Good question.

    In most restaurants where proud chefs prepare great food, patrons are welcome to enter the kitchen and thank the chef. Where such openness is practiced, customers get the chance to learn a lot about the nature of the restaurant, especially its cleanliness.

    But in a few so-called excellent restaurants, however, patrons are kept out of the kitchen with explanations like: “You will be in the way “, “It is too busy in there”, or “Our insurance does not allow it”. This makes it easy for the customer to imagine that the restaurant is hiding something: a dirty kitchen, frozen food reheated in the microwave or underage staff, perhaps.

    Openness and secrecy are opposites. Openness exposes fraud and deceit: the less open, the more room for dishonesty. An excellent restaurant can survive without letting customers see its kitchen. But a similar restaurant that is open will do much better.

    Thus a closed, secretive business is not automatically dishonest, but keeping your honesty secret is self-defeating.

    The Federal Reserve may be about to learn that the hard way, for the new technology of the Internet–blogs like this–is revolutionizing the way organizations are going to have to communicate with their stakeholders.
    2008 Dec 13 11:25 AM | Link | Reply
  •  
    The fedreral reserve, especially under Greenspan allowed and even encouraged the cfeation of the currrently collapsing (collapsed) $1/2-1 QUADRILLION derivatives bubble.

    We need to TakeBackTheFed.com
    2008 Dec 13 11:33 AM | Link | Reply
  •  
    How does Bloomberg know its 400 Billion now?
    2008 Dec 13 11:37 AM | Link | Reply
  •  
    The Fed makes Madoff look like a choir boy. The Fed has destroyed this country by allowing financial institutions to leverage themselves beyond any reasonable measure. The fed needs to go and congress needs to do something about it instead of being lobbyist lap dogs. Why congress does not demand transparency is beyond me. Weak! Weak! Weak!

    The American people are being robbed and are too stupid to realize it.
    2008 Dec 13 12:27 PM | Link | Reply
  •  
    The bankers took over this country when they put down Shays' Rebellion and got their Federalist lackeys to rewrite the Articles of Confederation in order for them to create (and later obtain) a monopoly on the issuance of money, and thereby (paraphrasing Lysander Spooner), a cut of the profits from every form of human enterprise.

    The bankers "campaign contributions" keep enough of our Representatives on THEIR payroll that they have been able to call most of the shots since 1789 and ALL of the shots since the Panic of 1907 and the birth of the Fed in 1913. The only way that is going to change is with a political party that eschews corporate (bank) campaign financing. Obviously that will be neither the Democrats nor the Republicans.


    The human body is able to create all the blood it needs (without taking on any debt) by draining off an equivalent amount of "liquidity"; there's absolutely no reason we couldn't do the same thing with our currency (by replacing all income-based taxes with a small and automatically-collecte... "infrastructure maintenance fee" charged on every electronic transfer of funds).

    And if all new currency was put into circulation via equi-dollar distributions to every legal US resident, we certainly wouldn't be worrying about the coming GREATER Depression. (The 800 billion dollar bailout alone would put almost $2700 into the hands of every legal US resident, and the money would all end up in the banks - some after being used to purchase US-manufactured automobiles - anyway.)



    2008 Dec 13 01:12 PM | Link | Reply
  •  
    Greenspan was on C-SPAN a few weeks ago to explain it quite bluntly: the Fed is ABOVE the US government, its people; the laws and most important of all -- answers to NO ONE!

    Don't take my word for it ... see for yourself:

    www.youtube.com/watch?...

    Or Google the phrase "greenspan above the law" and view YouTube clip.
    2008 Dec 13 02:36 PM | Link | Reply
  •  
    Its easy to cast stones when you don't really know squat. Surely, this Fed didn't start this crisis but they have made errors. Letting Lehman go bk was probably one of the biggest errors. As for the issue of transparency one needs to understand what financial firms already understand. Our financial system is incredibly dependent on trust. Now right away I know the knee jerk reaction is how can I trust when they aren't transparent. Yes, that is a good point, however it only makes practical sense when to know won't potentially undo that which you're trying to fix. How much havoc could a roomful of reporters do to trust in our financial system if it makes for a good, shocking story. How many ways are there to look at one piece of data without understanding the bigger picture? Could anything be used and misused to such an extent as to misrepresent whether purposely or not, just to produce an exciting headline? How much time will it take to explain anything and everything while the marketplace is negatively impacted by misunderstanding? Even if we understand everything the Fed releases, might serious harm come to the trust of the financial system itself? Who has all the answers?
    2008 Dec 13 02:42 PM | Link | Reply
  •  
    Isn't it obvious that publicly-traded banks revealed will be targets of shortsellers, especially with no uptick rule?
    2008 Dec 13 08:00 PM | Link | Reply
  •  
    The FED caused the depression. They even have admitted this in their own documents.

    The FED is the cause of every boom-bust cycle since 1913.

    The FED is a legalized counterfeiting operation.

    The FED is the fulfillment of 1 of the 10 planks presented in Karl Marx's "Communist Manifesto."

    Wake up.


    On Dec 13 01:27 AM happysoul77777 wrote:

    > Give them a break! They screwed up by letting Lehman go bankrupt.
    > Now, the whole world is paying the price. The Fed is trying everything
    > they can to fix this meltdown. You don't want a 1929-style depression,
    > do you?
    2008 Dec 13 08:05 PM | Link | Reply
  •  
    They're not really letting banks "fail" (not the big players anyway). It's more of a consolidation/merger or restructuring. The bankers (along with the Fed) are still going to play the same "game", just under different names.
    2008 Dec 14 04:57 AM | Link | Reply
  •  
    The Fed is above the law along with all those bankers and afflilates who got the whole world into this mess as without them there would be no financial system except banks acting as safety deposits. Perhaps that's no bad starter for ten as we could then jail the bankers for fraud and start with a clean sheet and try to have economies based on reality and not on manufactured dreams.Anyone with half a brain could see for the last 30 years if you sell you manufacturing seed corn to others and encourage your own population to get into to debt to buy from other nations they will eventually catch up and equal, if not surpass you.
    Its too late now to stop the equalisation. What US wages will buy will go down and down as Chinese and Indian wages buy more. There are only two answers to this. War or a global economy with a global currency in which all men (and nations) are equal so lon as they work equally hard.
    2008 Dec 14 07:24 AM | Link | Reply
  •  
    Is the truth that bad? I think so. The Fed must think so.

    I think we need the truth if we really want to clean this mess up and fix it instead of pretending its not that bad and trying to continue on our merry little way. Why hide the corruption and problems to try and perpetuate a flawed and corrupt system?

    On Dec 13 02:42 PM k9s-4-k8 wrote:

    > Its easy to cast stones when you don't really know squat. Surely,
    > this Fed didn't start this crisis but they have made errors. Letting
    > Lehman go bk was probably one of the biggest errors. As for the issue
    > of transparency one needs to understand what financial firms already
    > understand. Our financial system is incredibly dependent on trust.
    > Now right away I know the knee jerk reaction is how can I trust when
    > they aren't transparent. Yes, that is a good point, however it only
    > makes practical sense when to know won't potentially undo that which
    > you're trying to fix. How much havoc could a roomful of reporters
    > do to trust in our financial system if it makes for a good, shocking
    > story. How many ways are there to look at one piece of data without
    > understanding the bigger picture? Could anything be used and misused
    > to such an extent as to misrepresent whether purposely or not, just
    > to produce an exciting headline? How much time will it take to explain
    > anything and everything while the marketplace is negatively impacted
    > by misunderstanding? Even if we understand everything the Fed releases,
    > might serious harm come to the trust of the financial system itself?
    > Who has all the answers?
    2008 Dec 14 04:56 PM | Link | Reply
  •  
    I am sure Hank will always have a place on Bush's ranch in Paraguay.
    2008 Dec 16 05:06 AM | Link | Reply
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