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The U.S. Government's historic reaction to the financial crisis firmly puts us in a place not seen in generations. We have officially crossed the line from capitalism to socialism in less than a week. The Fed synthetically owns Wall Street as we speak.

The historic checks and balances built into the system, e.g. the ability to freely buy and sell, have been suspended for a large segment of the market. While the sayings "Wall Street privatizes gains and socializes losses" and "When there is too much capitalism you need a little socialism, and when there is too much socialism you need a little capitalism" have had symbolic meaning to me, they have never sounded so true than they have this week.

I believe in times of crisis that while moral hazard must be noted and managed, addressing systemic problems swiftly and decisively is absolutely critical. And to the Fed and the Treasury's credit, they appear to have shifted from a one-off crisis management model to a far-reaching, comprehensive approach for dealing with the crisis. However, there is a line between protecting the U.S. citizenry while supporting the health and functioning of the global financial system and pro-actively redistributing wealth based upon the political tides, and I believe this line has been crossed. And the line has been crossed specifically with respect to the temporary ban on short-selling 799 financial stocks.

It is very easy to dislike shorts. They profit if things go badly, and we in this country are an optimistic lot. It seems practically un-American to be shorting stocks, profiting at someone else's expense. The problem is, both ordinary citizens and those in Washington simply don't get it. Short-sellers keep companies honest. How many recent examples have we seen of companies being economical with the truth in order to prop up their stock prices and fatten the wallets of those in the executive suite (see FNM, FRE and AIG, for starters)? It is the shorts who sniff this out and make other investors aware in order that they can re-calibrate their expectations, and to perhaps sell before it is too late. This is how Enron was busted, with one of the catalysts being that now-famous conference call when Jeff Skilling went stark-raving mad on one of the Managing Partners at Highfields Capital who had factually cornered him.

We are now in the midst of a witch hunt, in order to pin the financial sector devastation on this particular group people love to hate. A scapegoat - how convenient! Of course, it was those shorts ganging up on those poor, well-managed financial firms with those sterling portfolios! Do rational people who know anything about the markets, capital structure and investor motives really believe this drivel? Consider some quotes from a recent Bloomberg piece, and think about the motives of those being quoted (my comments in bold):

``The shorting rules gave investors the belief the world is not coming to an end,'' said Phil Orlando, New York-based chief equity strategist at Federated Investors Inc., which oversees $334 billion. ``You had a lot of the hedge funds ganging up on these financial companies and putting them out of business.''

What Mr. Orlando really is saying is "Praise the Fed for protecting my long-only portfolios, because I'm getting totally smoked here."

Cuomo said he'll use the state securities-fraud law, the Martin Act, to pursue investors for illegal sales. The law permits criminal and civil actions. ``The federal government has been ineffective when it comes to regulating these markets,'' he said. ``I want the short sellers to know today that I am watching.''

Mr. Cuomo has now found his populist issue around which to mount his Mayoral campaign, following in the footsteps of fellow muckrakers Giuliani and Spitzer.

``You have to enforce the rules with regards to short selling,'' said Mario Gabelli, who oversees about $28 billion as chairman and chief executive officer of Gamco Investors Inc. in Rye, New York. ``Shorts were running amok.''

Mario, Mario, Mario. Just a little self-serving, no? You've taken lots of heat for your own comp package and now you are going to dish some out, huh?

``There is no rational basis for the movements in our stock,'' wrote Mack, who contacted Cox and Treasury Secretary Henry Paulson. ``We're in the midst of a market controlled by fear and rumors, and short sellers are driving our stock down.''

So when the dust settles, I'd recommend that Mr. Mack might just consider shutting down the stock loan piece of his prime brokerage operation, in order to conform to his views on fairness. Except that might drop revenues by, oops, several hundred million dollars?

``We seem to have capitalism on the upside and socialism on the downside,'' Chanos, one of the first to raise questions about Enron Corp.'s accounting, said on Bloomberg Television. ``That's a pretty heady brew for a country that holds itself out as a free market paragon.'' Chanos said his firm isn't shorting any of Wall Street's largest investment banks and is the ``least short the financial sector as we have been in three years.''

Quite possibly among the most feared (but respected) hedge fund managers on Wall Street. He's tired and frustrated by people telling him and his colleagues that they're crooks, bad guys, bad for the market. He puts out great research, has surfaced dozens of scandals yet gets no respect.

``Regulators are stepping in and saying, `This needs to come to a stop and this is how we're going to fix it,''' said Kelli Hill at Ashfield Capital Partners in San Francisco, which oversees $4 billion. ``This is the thing the market needed.''

No, Ms. Hill. This is not what the market really needed. What the market needed was for the Fed and Treasury to adopt a broad-based approach to the crisis, set up a Good Bank/Bad Bank vehicle to break the liquidity logjam, bridge Fannie Mae and Freddie Mac, and work on regulations that focus on disclosure and transparency in reporting. The market did not need a ban on shorts. The big institutional money management lobby needed it. The politicians who wanted to look strong, decisive and "in support of the people" needed it. But this type of move destroys confidence in the integrity and fairness of the U.S. financial system. It communicates that the game is rigged, and undoes some of the good provided by the certainty of an RTC-type solution. It will hurt capital flows and market efficiency if investors believe its effects will be anything other than short-term. And in the long run, this is good for no one.

Addendum: Please read my friend Howard's post here.

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This article has 58 comments:

  •  
    The Unites States government needed to take these measures in order to avert a major financial crisis around the world

    If you are long a position you must reveal your investment.Short selling should be the same

    The naked short rule was never enforced and without getting into details or naming names this action was sorely needed

    Many Americans who worked hard at Lehman and others were financially crushed by the mistakes of Jimmy Cayne and Stanley O Neill Richard Fuld Angelo Mozilo and others.Capitalism like love and war is not always fair.

    Destroying the US economy hurts all countries and don't think for one minute central banks across the globe were telling Paulson to do this.Some countries as they were covering their own short positions

    Smart money has been covering their shorts for weeks now and contrary to the outrage you hear from Chanos and others they knew as me and my partners did that this day was coming

    This summer this ban was put into place but afterwards the rules were flaunted and like reckless behavior of those who spawned the sub prime crisis

    The same reckless shorts got to full of themselves and started tearing down the system they claim to protect. Certain firms were attacked by shorts who were not bound by any rules

    The uptick rule is not feasible contrary to Jim Cramer's rantings .Trades happen much faster now and AIG traded over a billion shares the other day . This is not 1988

    Shorting is not made illegal and those who continue to short bloated pigs will still be allowed to as long as they follow the naked short rules.Short selling is a necessary part of the market but personal freedoms that kill the goose who lays the golden egg benefit no one

    There is a boatload of money on the sidelines and the housing and credit markets need its infusion

    Bernancke is ten times the Fed leader Greenspan was

    If the doctor told you to change your eating habits or die

    Would listen to him or continue to say no one is going to regulate my diet

    Paulson and Ben had no other choice
    2008 Sep 21 11:18 AM | Link | Reply
  •  
    The assertion that shorts discipline bad companies may well be true, but given the unbound potential for loss that shorting entails, it is an instrument most used by those with privileged market presence / tools / information. These factors allow them to enforce this "discipline" at the expense of retail investors and the funds retail investors invest in, which are almost exclusively banned from short-selling.

    Let us assume even that a company is indeed not well managed and not well capitalized. These high-powered, privileged agents then make immense profits by selling said company with speed that does not allow a more proper unwinding of the positions that would occur by "owner-selling" alone. This is exacerbated by the practice of naked short selling.

    But worst, most pernicious of all, is that these agents have the power to make self-fullfilling prophecies in times of panic - taking a company from operational viability, however precarious, to bankruptcy in a matter of days, by choking off confidence, funding access and credit ratings.

    I can't see why shorting shouldn't be outlawed altogether - it appears to me the market doesn't nee agents selling what they don't have to amplify volatility - again, the actions of owners alone would regulate pricing just fine. But if it is kept in the name of a totally free market, the regulatory bodies should indeed at least have the power to suspend it at any given time without notice. There are too many huge pools of money with too much concentrated firepower which, again, can reap profits by making self-amplifying shorting bets that take companies all the way to bankruptcy, effectively clearing in profit all of the present value of a company (often along with immense accumulated goodwill) which might otherwise continue as viable businesses after proper, non-destructive corrections.
    2008 Sep 21 11:27 AM | Link | Reply
  •  
    I just want to get your clarification, I can see your point very much so about overstepping the line by banning short selling altogether, but surely you can't wholly disagree with the T+3 naked short selling crackdown?
    2008 Sep 21 11:30 AM | Link | Reply
  •  
    Just like being for or against the Patriot Act is a moron's choice, because it has several provisions, being for or against "short selling" is also a simpleton's choice, since there are several types of short sellers.
    Condemning a particular policy because it is "socialism" or "savage capitalism" is doubly idiotic since the U.S. has always had a good dose of both and there has never, ever been a purely capitalistic society anywhere in the history of the planet.
    Even if you could clearly define a particular action as socialist or capitalist to everyone's satisfaction, who cares? Have we crossed a line? Who cares? Even if you could firmly and clearly establish where that line is, we have and will continue to cross it back and forth until the end of time.
    Those from the right who invoke "socialism" as the Great Satan that will destroy us and those from the left who do the same with "Savage Capitalism" are useless religious fanatics who treat the isms of economic theory as an end in themselves rather than as what they are, a tool to improve society's standard of living. Crossing lines is not only acceptable, but necessary according to current situations and events, it is not like violating the Ten Commandments.
    I don't know whether this bailout is the right medicine or the road to perdition, but I really could give a rat's pitui whether it's "socialist" or not.
    2008 Sep 21 11:33 AM | Link | Reply
  •  
    i have no problem with shorts or with longs, other than both types of funds are too damn big. our market would function with much less volatility if we had a cap on the size of funds. i think if they acted independent of one another, they would have less influence on the direction and momentum of the market.

    the idea of capping things seems unamerican, but we do recognize that extremism, as in monopolies, can interfere with fairness in free markets. so, let's limit fund sizes.

    while we're at it, let's also limit salaries of attorneys, ceos, sports figures, movie stars, etc. the gov't already limits what doctors can make. people who save lives should have the highest salaries. if we think it's fair to limit them, limit everyone. that will reduce corruption, reduce inflation and decrease the disparity between wealth classes.

    why do democrats think it is fair to tax the rich more and more? once you let someone become the banker in the game of monopoly, isn't the game over? let's level the playing field. put caps in place. people will still have sufficient motivation to succeed and work hard. in fact, people at the lower end of the spectrum will have improved motivation because they will perceive the system as fairer.
    2008 Sep 21 11:41 AM | Link | Reply
  •  
    Crikey, since when is it "socialism" when the government uses taxpayer's money to bail out banks and other cowboy capitalists such as your peers in the fund management game for the poor investment decisions they made? Since when is it socialism to bail out those naive, actually just plain stupid enough to accept third party debt as collateral on a loan? Since when is it socialism when the taxpayers bail out all business school grads who graduated with lots of technical knowledge but not with any common sense whatsoever?

    Don't get me wrong, I understand that this bailout was necessary, although I doubt it is sufficient.

    We have certainly crossed some sort of line, perhaps a bit closer to classic fascism, but we will have to await how this plays out before coming to such a conclusion. The preposterous Orwellian claims that the bailout or the temporary limiting of shorting is a move towards socialism, coming not just from Mr. Ehrenberg, actually bolsters the idea that many prefer the fascist model. And the chants of "USA, USA, USA" at the recent Republican convention, the subtle implication that the opposing side is not American but some sort of Soviet hockey team, should give pause, at least to those of us with a bit more historical experience or education than Mr. Ehrenberg.

    And who are you kidding, the game has always been rigged.

    2008 Sep 21 11:51 AM | Link | Reply
  •  
    This financial catastrophe is proof that tax cuts for the rich do not stimulate the economy. 8 years of tax cuts and the result is the greatest financial catastrophe since the great depression.

    I hope that people begin to realize that the end game for capitalism is always bailouts. I hope that in the future the taxpayer will lend money during good times to make profits as well as bad times to socialize losses. Fannie and Freddy should have never been quasi public, they should have been all public, that way during good times the taxpayer would have made enough money to pay for this bailout.
    2008 Sep 21 12:15 PM | Link | Reply
  •  
    Bailout seems to be a nice catchy phrase, but does anyone remember when the gov't. bailed out Chrysler they made 10's of billions of dollars, and it's not a bailout for AIG, the gov't bought 79.9% of the co. which BTW increased in value by $15b on Friday, so the gov't will make billions there as well, and if anyone thinks the gov't will lose money buying debt at approx. 30 cents on the dollar and being able to hold it for 3+ years you are just drinking the kool-aid. Making a loan to AIG at LIBOR + 8.5% with 80% of the co. as collateral is not a bailout, especially if the co. has $150b portfolio of good assets but neess time to liquidate, time the market wasn't giving. With Bear Stearns the gov't. didn't write a check, they just said they would take some assets that couldn't be liquidated off the books of JP Morgan which is in essence doing the same as with AIG, the gov't has the staying power to wait, the individual companies do not. Any lucid replies?
    2008 Sep 21 12:25 PM | Link | Reply
  •  
    To thoroughbred: Down here in the South we call old, worn-out horses "plugs." You should change your name. How's that for lucidity?

    The "government" (writ, taxpayers!) will NOT make money. We will lose money. The fed will be forced to inflate at an even greater rate than usual, which will siphon off more wealth from the poorer classes. You write as though you have some great, secret, inside knowledge about the value of these toxic debt assets on the banks' books. You don't, so stop already with the claim that they'll be sold at a profit. If the entities that actually held them believed they had value then the banks would lend to each other and the credit markets wouldn't be frozen. Even the traitors Paulson and Bernanke admit this. Egads, you're a moron!

    2008 Sep 21 12:39 PM | Link | Reply
  •  
    So much foe a lucid reply. The 30 cent figure comes from transactions that have already been done. Also, the banks don't trade with eachother because they all have the 30 cent debt themselves, what help is it trading 30 cent debt for 30 cent debt. Obviously you belong to that "poorer" classand feel like you aren't getting your slice of that pie, sorry your self esteem is so bad and BTW jealousy is an ugly emotion. I well know what a plug is, in my wealthy neck of the woods it's what we do the the poorer halfs mama's that result in morons like you. Say hi to your mama.
    2008 Sep 21 12:54 PM | Link | Reply
  •  
    The same broker-dealers that are now protected under the ban are the same ones that lent out the shares to short in the first place.
    2008 Sep 21 01:05 PM | Link | Reply
  •  
    I don't want your pie, prole-boy. I'd wager a substantial sum that my educational level and income are much higher than yours. But that's beside the point; rather, the point is that you agree with more debt on the mere pie in the sky, sweet bye and bye hope that the debts that will be underwritten by the taxpayers will pay off. Most of them won't.

    You also don't understand true conservatism. It is not, as you apparently support, socialist welfare for losing bankers. It rather seeks a level playing field for all participants in the economy. If one makes a bad business decision, then he fails without a safety net from daddy government.

    You have also have an extemely poor and entirely too common misunderstanding of economics. Inflation is a tax on everyone, and yes, it has a disproportionate impact on the poorer classes. Your type of Obamaniac socialists claim you advocate for the poor but in reality you seek to destroy them.
    2008 Sep 21 01:29 PM | Link | Reply
  •  
    Further to your stupidity, thoroughbred, I just realized that you think the credit market freeze results from the holders refusal to trade toxic debt instruments. Again, moron. The problem is that the banks won't lend to each other at realistic rates of interest because of the risk the lending banks won't be paid back as a result of the toxic debt assets on balance sheets.
    2008 Sep 21 01:33 PM | Link | Reply
  •  
    I agree with most of your post but please get your facts straight regarding Jeff Skilling and the infamous "asshole" comment.

    Highfields Capital analyst Richard Grubman joined a conference call at Enron and asked, for the sixth consecutive quarter, for a balance sheet with the earnings statement. For the sixth time, Jeff Skilling told him that at Enron, the balance sheet was not released with earnings statements (at trial, the reasons for this were covered at length; there was nothing illegal or untoward about it - there was a very deliberate business purpose for doing things the way Enron did.) The following is a transcript of the challenged part of the call:

    Grubman: You’re the only financial institution that can’t produce a balance sheet or cash flow statement with their earnings.

    Skilling: You…you…you. Well, uh…thank you very much. We appreciate it. Asshole.

    At this point, everyone inside the Enron building was jumping up and down and high-fiving each other because their CEO had finally said something to this guy who had been talking down the stock for quite some time - and even the question was a sort of accusation. Enron folks thought Skilling handled the call just fine. Of course, it wasn’t as well received in the rest of the business world.

    It caused such a kerfluffle that it was even brought up at trial by Sean Berkowitz. To which Skilling replied, “The now infamous ‘asshole’ quote was used as an example of arrogance or something. It wasn’t meant that way.”

    It was clearly not - and though Jeff was an executive who should have just rolled his eyes and passed the call to someone else, that wasn’t his style. He got his hands dirty. He talked to short sellers. He tried to get people to see Enron for what it was. As he said right after the verdict at his trial, some things work and some things don’t. Calling Grubman an asshole, as a strategy for handling pests, didn’t.

    But the comment was never as earthshattering as the revisionists would like to believe. It did not signal some sort of meltdown. It didn’t mean that Skilling feared the question or was trying to deflect Grubman. Even Jeff Skilling is entitled to lose his temper once in a while.

    2008 Sep 21 01:39 PM | Link | Reply
  •  
    Plug aka prole-boy, go look up the definition of coup de'etat and you'll understand what the traitors Paulson and Bernanke are doing....
    2008 Sep 21 01:48 PM | Link | Reply
  •  
    Cara Ellison: Are you really taking the position of an Enron defender in 2008? The company went bankrupt and top executives were convicted of fraud. You're going to need to do a little better than "there was a very deliberate business purpose": what was it? Also, if Skilling was in the business of "[trying] to get people to see Enron for what it was", please explain why he committed fraud, resigned just ahead of bankruptcy, and dumped his stock for personal gain.
    2008 Sep 21 02:53 PM | Link | Reply
  •  
    What we needed was CEOs like Paulson not to create Ponzi schemes like CDOs and SIVs in the first place this past decade. Paulson is the problem, he was one of the biggest players who created it. Now Paulson is the global economic dictator - declaring who will go bankrupt and who won't. Of course Goldman Scams will be saved by Paulson...
    2008 Sep 21 03:05 PM | Link | Reply
  •  
    Your tax dollar are at risk! Send a message to congress:

    www.usalone.com/help_p...
    2008 Sep 21 03:09 PM | Link | Reply
  •  
    webisking

    You've posted the exact same comment about 20 times today already on multiple articles. Is Treasury paying you overtime for this?
    2008 Sep 21 03:18 PM | Link | Reply
  •  
    I have seen this situation play out once before in Japan. Short selling is banned, government pension funds buy the market, and new economic proposals are put forward. They boost the market for a few days, but then the underlying fundamentals come back into play and the market heads down. In the case of the US, the underlying fundamentals are that housing prices are heading South and the consumer has little to spend. Until these hit bottom, any of the government's actions will only temporarily cushion the fall.
    2008 Sep 21 04:16 PM | Link | Reply
  •  
    Tokyo Bob, Are all the Japanese banks in line to get Paulson's bailout for all their CDos? and as long as the CDOs are toxic , he will include any Credit card loans, Auto loans, and student lons. You all get inline,
    2008 Sep 21 04:41 PM | Link | Reply
  •  
    The appropriate term is "Socialized Capitalism"
    2008 Sep 21 05:01 PM | Link | Reply
  •  
    "at trial, the reasons for this were covered at length; there was nothing illegal or untoward about it - there was a very deliberate business purpose for doing things the way Enron did.)"

    This has to be the most entertaining and sad thing I've read all week. And that's saying a lot given the week we just had. The reasons were convoluted -- deliberate sure, but convoluted -- and the reasons were little more than obfuscation of the financials. Enron could have simply not done earnings calls at all if they had so much sensitivity to timing of their SEC filings.

    And of course, we have the luxury of ex post knowing that Enron was indeed engaging in a culture of intentional distortion.
    2008 Sep 21 05:09 PM | Link | Reply
  •  

    <b>Cara Ellison: Are you really taking the position of an Enron defender in 2008?</b>

    Absolutely. Check my blog for my Enron love fest. I absolutely adore Enron and will defend it until my dying breath.

    <b> The company went bankrupt and top executives were convicted of fraud. </b>

    Yes and no. Yes that happened, but no, that's not the full story.

    <b>You're going to need to do a little better than "there was a very deliberate business purpose": what was it? </b>

    The balance sheet was not released with the earnings statement because the numbers were still being collected and collated deep into the third quarter. It was impossible for Enron to provide both at the same time, and it had been done that way since way before Jeff Skilling became the CEO.

    <b>Also, if Skilling was in the business of "[trying] to get people to see Enron for what it was", please explain why he committed fraud, resigned just ahead of bankruptcy, and dumped his stock for personal gain.</b>

    Obviously I don't believe he did any of that. He didn't commit fraud and any cursory investigation into the matter will bear that out. He LOST money on Enron. Furthermore, when he left he was entitled to a $22 million severance package, plus forgiveness of a $2 million loan. Skilling took NOTHING. He paid back the loan out of his own money and took no severance. Is that really the action of someone who is committing fraud? Furthermore, when he was transitioning out of the wholesale group, he was entitled to $50 million dollars because he'd been given an equity stake in that business. He took less than half because he decided he didn't need it and it wasn't good for the business. Again, is this really the action of a man who was consumed with greed?
    2008 Sep 21 05:12 PM | Link | Reply
  •  
    The self evident truth is the material good of the debt in question. No where once, has any one article, opinion, story, market place, trader, insider or outsider looked beyond the line of the ticker in front of them only to turn back and blame not only Wall Street but as much the regulators that allowed them to walk this walk to begin with. They have consistently placed their own material assets before all else in lieu of the obvious nature of the problem that is as plain as daylight to those that venture outside the cube and look around. The system is so far detached from reality of seeing before them what is the daily life of home ownership and the respective cost related with such ownership to be so arrogant in its nature to perpetuate this trilogy of mongering the rights of ownership as a class of debt that is as lost to the eye as the ink it is written upon. That's socialism, the centralization of debt brought about the intrinsic value and nature of real estate transactions?
    2008 Sep 21 06:10 PM | Link | Reply
  •  
    See Hussmann"s sensible open letter to Congress here:

    hussmanfunds.com/wmc/w...
    2008 Sep 21 06:30 PM | Link | Reply
  •  
    Two possible fallouts from the recent bailout:

    Inflation
    or
    Deflation

    Historically, I searched for examples where governments have added massive amounts of debt to their balance sheets.

    Because the government gets the benefits immediately from inflation, (and controls the printing press) but the costs are delayed--the odds favor inflation to a great degree.

    And inflation is a tax on everyone, although obfusticated, and it does hit the lower classes harder.

    In effect, it is regressive.

    Eventually we must raise real taxes to pay off the debt, in addition to the higher taxes of inflation.

    Its a double whammy in the offing.

    The saddest part of this mess is that it could have been avoided by a different ideology, (and different leaders)---that government has a legitimate role to play in the regulation of markets.

    Good government is not synonymous with socialism.

    Now the price for the Bush administration's incompetence can be measured in trillions and decades.

    The price of this Hooverian administration will be measured in higher taxes and higher inflation down the road for the next leaders who clean up this mess.

    Ironically Hoover was also a Businessman who didn't understand Capitalism like our current MBA President who also doesn't understand Capitalism, and ironically they both made crises worse with bumblefingers, and "the damage is contained" statements.

    Our country has been gravely injured.
    2008 Sep 21 06:33 PM | Link | Reply
  •  
    Quit the deflation nonsense. We all know that inflation will be the only outcome, as it has been any other time the government has been involved.
    2008 Sep 21 06:50 PM | Link | Reply
  •  
    It's not socialism - it is moronism in the acute stage, about to enter the chronic stage. We were run by morons for a while now - since after the Ronald Reagan.

    We are bailing rich guys at the expense of poor (taxpayers) guys. What we need is to create sort of USA Bank, in order to loan money to the legitimate borrowers. The moronic US banks don't want to lend - that's fine. Let them go down the sewer, with names of their CEOs casted in stone in the Hall of Shame. The bad and stupid banks need to go, period. We have a clique bailing themselves out at the taxpayers expense.

    The next President, should open criminal investigations against: Cox, Paulsen, Bernanke. In my view they all should be behind the bars now: for the reason of corruption of stupidity - does not matter.

    I escaped socialism, by jumping across Atlantic. Now what?

    2008 Sep 21 06:50 PM | Link | Reply
  •  
    The bank bailout legislation proposed by the Administration is an outrageous abuse of the US taxpayer that tramples on the Constitution and free markets, and will, in the end, not substantially change our weak economic condition while bailing out the fools who caused the crisis.

    Moreover, while offering the Secretary of the Treasury unlimited authority and $700 billion to bail out his friends on Wall Street, the only thing the other 300 million Americans will get is a larger national debt and a bigger tax bill.

    If there is going to be an effort to stabilize financial markets involving large sums of taxpayer money, it needs some balance. For example:

    --The boards of directors and executive committees (and maybe others) at the banks receiving US taxpayer money are automatically fired, forced to return their ill-gotten bonuses for the last 3 or more years, and banned from any executive or board position in a publicly-traded US company for 5 years. (Its the Millken solution.)

    --Ban the creation, sale, purchase, or brokering of any asset-backed credit derivative by any bank operating in the United States. Similarly, ban the placement of any asset-backed security in foreign credit derivatives.

    --Every American taxpayer receives a stimulus check of approximately $6,300 to offset the cost he/she will absorb for this $700 billion bailout. (It makes as much sense as spending the money on banks that knowingly took excessive risks for big profits.)

    --The $700 billion may only be used to acquire the mortgage-based assets of US banks (only) that are insolvent, not just illiquid. This was the way the RTC handled assets. Otherwise, the bailout only rewards the outrageous behavior of the banking sector and its shareholders--not all Americans. (So, it could buy LEH assets, but not GS or MER assets.)

    --Require that the money be used to acquire a just less than 80% equity in the bank (a la AIG) to ensure effective USG control over banking practices. Also cut out preferred shareholders all together and establish a 30-70% haircut on the bank's outstanding bonds--consistent with the toxicity of its asset holdings.

    --Finally, absolutely and completely eliminate any language (such as is the current draft) that puts the Secretary of the Treasury above the law ("non-reviewable"). In fact, put stringent language in that states he must obey all US laws.

    The draft legislation is an outrageous effort by the Administration to bail out its buddies. It defies the Constitution, destroys free markets, insults the role of Congress in overseeing national policies and laws, and irrepairably damages all American taxpayers for the benefit of a few.

    IT CAN NOT BE PASSED! WRITE YOUR CONGRESSMAN/CONGRESSWO... RIGHT NOW AND TELL HIM OR HER IN CLEAR, SIMPLE, POLITE, AND EVEN CONSTRUCTIVE TERMS WHAT YOU THINK OF THE PROPOSED BAILOUT
    2008 Sep 21 06:56 PM | Link | Reply
  •  
    US taxpayers are paying for all this with the money from the unborn generations. If you care about your families I'd strongly consider looking at commodities again - gold/silver/copper whatever you can get your hands on!

    mining101.blogspot.com...

    -Iz
    2008 Sep 21 07:21 PM | Link | Reply
  •  
    The actions necessary to stabilize the markets in order to avert global implosion does not mean that we are shifting towards socialism ,it simply means that Capitalims has many imperfections that need to be addressed sometimes .The recent events reflect the fact that Adam's Smiths invisible hand can faulter sometimes and create systemic threat to a global economic and financial stability.
    No rational "capitalist" can complain about the coordinated action to abort the speculative assault on the global equity markets.
    With additional coordinated help from the Central Banks we may have finally defined market bottom with a major rally on the way.
    The 700 billion dollar "stability package" is not a social charity ,but a collateralized loan which will likely be cost free to the taxpayers .
    With the record open short interest (equities) ,we should expect psychological attempt to bring the indices down(rumors and whining ).
    volatility will continue ,but there lies a major rally (equities) and a major economic rebound in the period ahead .
    2008 Sep 21 07:22 PM | Link | Reply
  •  
    hm... income tax is one of the communist/socialist planks in the Communist Manifesto...

    so... what line are you talking about?
    2008 Sep 21 08:02 PM | Link | Reply
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    Another over dramatic article. The truth is this plan is temporary and will cost the taxpayer nowhere near what the fear mongers are spouting. Most of the securities that get purchased by this new entity will either mature and payoff (and therefore pay back the US Treasury) or be resold into the market place to others willing to take on the risk (Hedge Funds for example).

    This not socialism. This is a government acting to avoid a depression caused by fear. The people of this country got themselves into this mess by purchasing homes and other assets they couldn't afford to pay for. The government failded also in not providing the regulations needed to put a stop to our own nonsense. There is plenty of blame to go around. The only cure that makes any sense is follow exactly the actions that the Treasury is now proposing. The other option is economic suicide. Which one do you choose? I suggest youp put your free market at all cost nonsense away and smell the roses and maybe you'll come to your senses.
    2008 Sep 21 09:01 PM | Link | Reply
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    The investment banks have no one to blame for the shorts attack but themselves. for years the prime brokers have been allowing hedge funds to break the rules. When a short is put on that is not able to be borrowed the prime broker charges the short a borrow fee and do not have to pay for the borrow, therefore booking 100% of the fee. This has been going on for years and was enormously profitable, everyone including the SEC was turning a blind eye. If they all had been following and enforcing the rules this would not be a problem today.
    2008 Sep 21 09:22 PM | Link | Reply
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    One thing I'd like to add to all of this:

    The comments on SA are some of the most well put, intelligent, and interesting, that I've ever come across. I can think of no other site that comes close.

    Great job, regardless of your points of view.
    2008 Sep 21 09:38 PM | Link | Reply
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    Have those supporting Paulson's proposal grasped that he is asking for zero accountability and quite literally a blank check?

    He will not answer to any agency, will be free from any oversight and can spend well beyond $700 billion.

    The $700 billion is at any given time. He can spend $700 billion in the first week buying up mortgage-related assets (they don't have to bad assets) at par or better and sell them back at, oh let's say a penny each, to the firms he bought them from. Then he starts with a fresh $700 billion.

    Oh yeah and he is in an UNELECTED position?
    What??!!
    2008 Sep 21 09:57 PM | Link | Reply
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    Rabitto you are DEAD wrong .The Tax receipts for the Us treasury since the Bush tax cuts are 29% more than in the 90s and the unemployment rate for the decade is lower than 90s as well DESPITE 9/11 bombing. The fact that many financial institutions DIDNT manage risk is NO fault of anyone in Congress
    2008 Sep 21 10:10 PM | Link | Reply
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    RWilliams: think about this for a moment. While I think it's obvious that the financial system is in crisis, it's much less certain what the best solution is. Or even if the current proposal is going to fix or alleviate the *symptoms* of the problem.

    The underlying conditions must all be resolved before you can really see improvement again:
    1. Housing prices need to stabilize - and that's a function of the average Joe, not the bankers on the Street holding those subprime mortgage papers.
    2. Banks need to deleverage - this new bill does that.
    3. People have to regain their confidence in the economy - that will take a great deal of time.

    It would also be nice if:
    4. Irresponsible behaviour is punished. Fundamental to our capitalist free market philosophy is that the market will mete out its rewards and punishments by the worthiness of your own actions.
    5. Those that need the bailout get it. Why can't you or I get bailed out on our debts (credit cards, mortgages, HELOCs) when we make stupid decisions, and yet the rich bankers on the Street with their 6 and 7 digit bonuses get to gorge from the taxpayer trough?

    I'm unconvinced that this bailout is going to do more than the inevitable... from my perspective, the inevitable is a high inflation level (to wipe bad debts away) and a dramatic decrease in US consumption.
    2008 Sep 21 10:12 PM | Link | Reply
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    Trader Greg is RIGHT ON!!!! Exactly what I was thinking why not let the mother fuchers fail and then replace them with a taxpayer owned bank. This way everyone gets what they want. Credit is available to the market and we the taxpayer don't get screwed.
    2008 Sep 21 10:12 PM | Link | Reply
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    Mr Ehrenberg:
    I believe you are not analyzing the significance of this action correctly. The real problem of moving from capitalism to socialism really occurred with the political decision to subsidize home ownership for people who could not afford it. It provided WPA of homebuilding, houses for the poor and false financial profit for the financial sector. The decision to securitize the mortgages was a reasonable decision based on the nature of the market as were the employment of CDS's.
    Due to the first step into socialism, the second step has been necessitated. The only remaining hope is we have seen this in the past and not all was lost.
    2008 Sep 21 10:24 PM | Link | Reply
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    WEBISKING is DEAD wrong. The 29% increase in revenue is no way attributable to the tax cuts. It is exactly attributable to the housing bubble spurred on by cheap access to capital. The housing bubble WAS the only thing holding this economy up. Less housing we have had negative GDP growth for the last 5 years. Don't beleive me, check that 29% number next year I am sure the it will be far less.

    Fact is you ilk said that tax cuts would stimulate the economy, fact is the economy is tanking.
    2008 Sep 21 10:31 PM | Link | Reply
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    The author is just another in a long line of observers that writes a withering headline to get attention and then fills the rest of the space with jibberish. The ideologues are hard at it, screaming the buzz words of one political philosophy or the other, all intent on feeding the fire and ignoring the real world issues that real people are trying to manage for the benefit of all of us.
    2008 Sep 21 11:19 PM | Link | Reply
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    Takeover of AIG is actually a fascist act in ecomonic terms.

    The implications are that the government can, at any time, unilaterally take over a privately owned company without just compensation to the current owners ("for the good of the country" naturally).

    AIG was a public corporation, owned by the shareholders. Have the shareholders ever voted to authorize the board to agree to the "deal" made with the FED/Treasury? If not, how can any such "deal" be valid? Do the company bylaws hold or not? Does the law matter or not?

    What legal footing does the FED/Treasury/Congress have to "take" 80% of the shares in a company by means of loaning money to the business without shareholder approval?

    Does the Fifth Amendment's guarantee ''that private property shall not be taken for a public use without just compensation" hold or not? If not, does that mean that 80% of AIG is worth only $85 Billion and all the remaining shares are worth only $21 Billion? Can we get a second opinion on that?

    A defining characteristic of economic fascism is that private property and business ownership are permitted, but are in reality controlled by government through an unstated business-government "partnership", however, in such a partnership government is always the senior or dominating "partner" and can at the government's whim, dispossess the private owners.

    I don't know what others are thinking, but that last paragraph seems to identify exactly what happened to AIG.

    The short selling ban is small potatoes. Blatant violation of the Constitution by government actors is the threat to worry about.
    If the government won't obey the Constitution in this case why should they bother to obey it at all?

    This week AIG, next week who? Are the stocks you own safe from government takeover? If not, are you prepared to have the value of your shares re-stated based on a weekend deal cut with the FED behind your back?

    GM? Ford? United? Morgan Stanley? Goldman Sachs? ETC?

    The government has just struck a match and lit the Constitution on fire.

    Seig Heil!! (Sorry, I couldn't resist)
    2008 Sep 21 11:32 PM | Link | Reply
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    To say that we have crossed a line into socialism is a completely absurd. The bailout for AIG was an unfortunate, though necessary assist in order to delay the utter panic which would else have surely ensued. The problem with calling this a step toward socialism and the death of free trade depends on one's point of view. You could I suppose say that letting the government step in, the government which is actually us, we the people, is bad because we have to pay for someone's mistake. However isn't that just the market, who also happens to be we the people, fixing a few private companies whose pitfalls occurred out of the "free trade" ideals which have ran our economy over the past 28 years? Perhaps if companies were more tightly regulated so they could not be both entangled in the very fabric of the US economy as well as on the edge of destruction, then we wouldn't be in this mess. I would not call that socialism, I would call it fair trade. What a novel idea, a system in which companies can prosper even by following the rules, and where the government...remember folks, that's actually us, that's we the people, every single one of us, though I know it doesn't always feel that way, sets these rules so that every company has an equal shot at making a few bucks! Maybe then we wouldn't have to listen to articles that fear a socialist takeover of American values and capitalism. Maybe we wouldn't have to all pony up because one company is so important that its demise could spell the very end of our economy! In fact, that scenario actually sounds a lot like something else. It sounds like a monopoly. It sounds like the very thing that real free trade would NOT want to occur, when one private company controls more than their fair share and can manipulate or bankrupt us all. It is going to take a lot more than an AIG bailout to properly fix or should i say recreate an economy that can work, really work for everybody. Let's not kid ourselves with these short sighted, rally cries for capitalism and free trade. Look where it has gotten us so far.
    2008 Sep 22 12:05 AM | Link | Reply
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    We are all shocked by events in the market, and the speed with which event are moving. It is hard to sit down and write out a cogent and complete polemic against some of the abuses, and to try to levy some balance into the equation; some principles that won’t forfeit our beloved free-market economy.

    Let me start by stating that I believe Hank “Warlord” Paulson is out of control. Whether his intentions are good or bad, I need not confront. The fact is that his actions are far against the moral standing of my (our) collective conscience. We are a nation that will not tolerate totalitarianism; we will not be subject to a “financial market Warlord” who uses current market fears and dramatic, and unfortunate, circumstances to buttress his own agenda. Fear is never the proper motivation for sound action. Action based on fear is action doomed to failure. Fear is a device of the weak. Fear is a device of predators. Let us not be afraid.

    Thankfully, at least historically, America - indeed all Americans - are not a fearful lot. We the People, in order to preserve this Union, are more than happy to take the downside risk of systemic failure if, in the extreme, the alternative is systemic nationalism. A system that expunges the small, the weak, the masses for the sake of the few. These are the people, the Union, that won’t tolerate a socialization of losses and a privatization of gains, such as those enjoyed by you and your family Secretary Paulson.

    I would rather count a week of my life in the embrace of independence and freedom than in the embrace of a wicked sort of market manipulation and control as proposed by Hank “Warlord” Paulson. I would rather myself, and my family, eat in soup kitchens for a decade than submit to a top-down takeover of the entire free-market system by the former CEO of Goldman Sachs.

    Why are so many so silent? If you want to save this system, you cannot trust the likes of Paulson. Bring a special council of experts to address the systemic issues. Real men of integrity, rather than snakes in the grass like Paulson, or imbeciles like Bernanke.

    Convene a council of experts like Volker, Gross, Buffett, Soros, Rubin, and – yes- even Greenspan (even with his culpability). Let them propose a meaningful solution. Let us weigh and measure, and determine an action of appropriate strength and depth. Do not cave into the dictums of those seeking political expediency. Stand firm. Be strong. Bear the faith. We will overcome, but this nation needs leaders, not managers. We need leaders, not politicians. We need leaders, not zealots.
    2008 Sep 22 12:18 AM | Link | Reply
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    •  • Website: http://zestinvest.com
    Shorting was banned because it gives the people who caused the crisis--greedy investment bankers and lazy regulators--someone other than themselves to blame.
    2008 Sep 22 12:33 AM | Link | Reply
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    Has anyone asked themselves why the problem is so widespread? Think about it. How could so many independent financial institutions opperating in different regions with different missions and different business models all make the same basic mistake of over-investing in residential real estate products (mortgages etc.)?

    The answer can not be the often touted "greed" because there is always a certain level of greed (and also generousity) that is more or less constant in people. Were people less greedy 10 years ago, more greedy over the past 5 years and now less greedy? Impossible.

    I think Peter Shiff found the answer. Ever since the dot com bubble burst and the events of 9/11 the Fed has relentlessly expanded the money supply at an accelerated pace while lowering interest rates. Both had the desired affect of inflating asset prices for all dollar denominated real assets including housing prices in general.

    Now here's the key. After watching housing steadily rise at a qick clip over a number of years market observers and participants RATIONALLY viewed this growth as occuring for fundamental reasons (must be strong demand for homes for it to occur across so many regions and over so many years). So they baked the recent elevated growth rates of real estate into their forecasts not realizing that the driving force behind escallating prices was non-fundamental -- inflation was sending false signals to RATIONAL market participants.

    You know the rest of the story.

    Perhaps the best way to generate a real return is to assume that we will see more of the same -- inflation and falling dollar -- and invest accordingly.
    2008 Sep 22 12:56 AM | Link | Reply
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    Regulators: Take out the goodwill from the "asset" column.

    C'mon comrades - there's no Pravda in Izvestia and no Izvestia in Pravda as they say.

    2008 Sep 22 01:21 AM | Link | Reply
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    Are we really that far from Socialist when according the the bailout plan redefines all financial institution and employees as "agents of the government"?

    www.nytimes.com/2008/0...
    2008 Sep 22 01:41 AM | Link | Reply
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    If all financial companies become "agents of the government" that would be more closer to communism than socialism. The alleged ownership by the governmentment and not proxy capitalists is communism, as opposed to national socialism, under which owners are told by the government how to use their business.

    I would agree that the intervention is so massive that the bias is toward inflation, except that the deflation of asset classes is so massive I wonder if there is a chance for equilibrium overall. The deflation of assets is really starting to kick in. The free falling market was paralleling the free falling real estate, no question.

    One of Obama's big supporters has been Soros, who is on record favoring communitarianism, his code for socialism. He thinks, now that he has made a pile, everyone else should be under socialism.

    And now that the investment banking crowd have made their pile the last few years, they are throwing the business to the communitarians too. There will be fewer people coming along to catch up with them.
    2008 Sep 22 10:00 AM | Link | Reply
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    conservative socialized capitalism.you might be able to add communism at a future date.in vegas they dont change the rules in the middle of the game.does it matter as we play with new color monopoly money?
    2008 Sep 22 10:10 AM | Link | Reply
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    Well come to tripartite dictatorship.Press., Elected and Financial.
    RIP Democracy, it also stands for Rest In Peace
    2008 Sep 22 10:53 AM | Link | Reply
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    Don't forget that people listen to Steve Balmer, Jim Cramer and other screaming heads. They don't listen to reason.

    It's a fight for money and power as it has always been and the players are the same.

    The furniture is simply being rearranged, very quickly, and it is our task to try to find a chair to sit in.

    2008 Sep 22 12:13 PM | Link | Reply
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    creditloanguy: LOL. No offense, but if you're lucky, your future includes three meals a day and a nice cellmate named Bubba.

    You know that the IRS cross-checks your W-2 form with your company's payroll numbers, right? If the numbers don't match, they start digging. I hope you run your own business if you plan to use those things.
    2008 Sep 22 04:52 PM | Link | Reply
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    Assets = Liabilities + Owners' Equity

    so...

    Government = National Debt + Taxpayer Equity

    Which do you think has control over the assets - the foreign creditors who own the debt or the taxpayers?

    Since the government would run out of money if the lending was ever cut off, I would say the foreign creditors. Just like in a bankruptcy, the assets have been seized and used to try to make the creditors whole. The fact that our own government would shift open market investment losses from the creditors to the taxpayers illustrates this realization nicely. We no longer own the government. We squandered it away on silly wars and porky budgets.
    2008 Sep 22 05:01 PM | Link | Reply
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    Anybody else notice that all the talking heads on TV are endlessly pointing out the supposed reasons why the world would go to heck if the FED hadn't bailed everyone out?

    1) Credit markets would tighten up (so what? live within your means and you won't need to borrow anyway)

    2) Businesses and consumers would stop borrowing (again, so what? Any well run business can survive without borrowing, as can any sane consumer)

    3) Without borrowing, the economy wouln't expand. (sure it would, businesses would use those things we call profits to expand instead of debt)

    Those are the three I recall off the top of my head from watching at lunch.

    Anybody else notice the moneterist mindset implied in their claims? That without borrowing the economy would just collapse?

    Well, we've tried thing their way for the last 20 years and look where it got us. 10 TRILLION in debt and wondering how to keep the wheels from coming off.

    Maybe it's time to switch to the "old fashioned" system of using actual savings to fund business growth instead of debt. At least then when a business goes under only the people who risked THEIR savings lose out.

    It seemed to work pretty well from 1870 to 1910, even with the so-called panics that sprang up from time to time.

    We went from an agrarian backwater country to world economic powerhouse during that period without the Federal Reserve. Now that the FED has been "helping" run things, we're back to banana-republic in the financial sense.

    It only stands to reason that the FED must be contributing to the problem based on past performance.
    2008 Sep 22 05:11 PM | Link | Reply
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    I am with you GetRidofThemNow. I know some may have been perplexed for the last several months where I had stated that eating wheat pasta and yellow cheese are preffered over this economic condition, but now it may make some sense. My feeling: Default on all foreign debt simealtaneously, oil and gas rationed, we have a mean depression now but recover in a few years by the entire population mobilizing. It won't happen, the majority of those in office and the cause of this problem are going to be long gone when the debt servicing bills finish off this economy.

    Instead of this, We the People will have Chinese water torture as the wealthiest make there exit. Drip. Drip. Drip. And in the end, the American Middle Class will revolt and default en masse anyways to foreign creditors a couple of years from now. Then the American people will restore much, but we will face very large powerful enemies overseas, who will use our technology and cash to send some angry signals over the debt defaults. Such is the way of nations led by hubristic baboons. Welcome to Fascism Amerika. I will stay and protect what people I can. Good luck to all -
    2008 Sep 22 07:14 PM | Link | Reply