Preet Bharara – Overhyped and Toothless

Gary Weiss in Salon

“Yet nowhere in Gabriel Sherman’s well-researched piece in New York is there even one mention of Preet Bharara.

There’s a simple reason for that:  Preet Bharara is not busting Wall Street. He’s not collaring the masters of the meltdown. He’s done nothing to even slightly discomfit Wall Street’s still-ferocious money machine, or has yet to bring to justice the architects, enablers and continuers of the 2008 financial crisis — the bankers who got us into that mess, and the ones who are continuing to extract pain from foreclosed homeowners, in the New York area and beyond.

As a matter of fact, his over-hyped insider-trading prosecutions, the main focus of the Time piece, are doing the Street a favor, by targeting people who actually ripped off Wall Street — individuals like hedge fund managers Raj Rajaratnam and Danielle Chiesi, who functioned a bit like the goons who used to dope race horses in the old days.

Bharara’s insider trading targets rigged the game for their own profit by illegally misappropriating information, in effect stealing from their employers and other investors, just as the horse-dopers cheated racetracks and other betters. Another analogy, also from the racetracks of old, would be to the scam artists who used to “past-post”: bet on races after they knew the outcome.

That’s how insider trading works. It’s a form of theft and cheating. It’s bad. Bharara was right to prosecute them, just as he has aggressively pursued drug gangs in the outer boroughs. But let’s be clear on something: The big players, the Goldman Sachses, Merrill Lynches, Banks of America and so on, don’t like insider trading any more than Preet Bharara does.

And none of his criminal prosecutions to date — including his recent bust of three high-ranking former Credit Suisse execs, accused of rigging the value of mortgage bonds they held in 2008 — had any connection to the pain being felt by Americans today, which can be directly traced to the misconduct of mortgage bankers and derivatives traders in the run-up to the financial crisis.

The real perps of the financial crisis haven’t been in Bharara’s — or the Justice Department’s — cross hairs for a single moment since Barack Obama took office three years ago. It’s one of the most troublesome failings of his administration.”

OWS Unites Against Corporate Personhood

Occupy Wall Street unites around abolition of corporate personhood (via Tikkun Daily):

“There is only one way to reclaim democracy and make our government one of, by and for the People. We must make support of a constitutional amendment to abolish corporate personhood a campaign issue in 2012 and beyond. Candidates around the country are taking a pledge to amend. As they challenge incumbents and better-known challengers in the upcoming primaries, the issue will gain prominence in other races. Eventually it will become generally recognized that when faced with a choice between candidates willing to prove that they are seeking office in order to serve the interests of their constituents and not those of their corporate patrons and themselves, the choice will be obvious. As voters in more and more elections respond by electing candidates who have taken the pledge to amend it will become clear that the amendment will pass.”

OWS-Connected Manifesto Calls For Global Government

From the October 14 Manifesto endorsed, apparently, by Eduardo Galeano (socialist), Naomi Klein (socialist), Noam Chomsky (allegedly left-anarchist) and Vandana Shiva (environmentalist):

“Undemocratic international institutions are our global Mubarak, our global Assad, our global Gaddafi. These include: the IMF, the WTO, global markets, multinational banks, the G8, the G20, the European Central Bank and the UN Security Council. Like Mubarak and Assad, these institutions must not be allowed to run people’s lives without their consent. We are all born equal, rich or poor, woman or man. Every African and Asian is equal to every European and American. Our global institutions must reflect this, or be overturned.

Today, more than ever before, global forces shape people’s lives. Our jobs, health, housing, education and pensions are controlled by global banks, markets, tax havens, corporations and financial crises. Our environment is destroyed by pollution in other continents. Our safety is determined by international wars and international trade in arms, drugs and natural resources. We are losing control over our lives. This must stop. This will stop. The citizens of the world must get control over the decisions that influence them at all levels – from global to local. That is global democracy. That is what we demand today.

Comment:

If this weren’t so serious, it would be funny.

“Global Mubarak, Assad, and Gaddafi,” eh? All brown-skinned Muslims? No mention of  Barak Obama or George Bush or Bill Clinton? No mention of Paul Wolfowitz?

The Global Wolfowitz Is At The Door has a nice ring…..

Global Netanyahoo? Too polysyllabic for comfort.

And George Soros, many megawatts more powerful than some Middle Eastern dictators? But Global Soros sounds too much like a disease….

Talking about Soros, check back this to post of mine from June 2010, which analyzes a Soros proposal for global democracy, from 2009. This adds weight to what I said about the push-back against the Tea Party starting in 2009.  When he talks about  “demagogues” in the piece, he means the middle-class that rose up against the bail-outs.

Oh dear. A bunch of professional activsts, westerners all (Vandana Shiva notwithstanding), sharing the same old world view (all leftists), speaking for the six billion plus people of this planet, hundreds of nations, hundreds if not thousands of languages and dialects, scores of religions, ethnicities, millions of companies and associations, most of whom are going about their business and have nothing to do with OWS.

How’s that for Global Chutzpah?

Here is Vandana Shiva calling for global democracy and name-checking George Soros and Mikhail Gorbachev (ANC.net/au):

“And you might remember Gorbachev was a very keen free marketer, and he was speaking with me at the opening plenary of this meeting and said “it’s turned out to be very different from what I had imagined. I thought it would bring democracy; it brought mafia rule.”

And then the person who’s really won out in this game of globalisation — George Soros — he was there too, and this is what he said. (my italics and emphases throughout)

He said: “free markets were supposed to have created open societies, free societies, but we cannot speak of the triumph of democracy. Capitalism and political freedom do not go hand in hand. We cannot leave freedom and democracy to market forces. We need to create our own institutions and different institutions from those that serve capitalism to take care of it.

And anyone,” this is not my words, it’s not your words, it’s George Soros’, “who thinks they can leave freedom to free markets is a market fundamentalist, that’s not how societies work”.

Ms. Shiva, we love your work.  But don’t be taken in by this Hegelian dialectic, this Mighty Wurlitzer of media manufactured global consensus between faux free-marketers (Soros) and faux -anarchists (Chomsky). The missing term from both adjectives is “state”. Soros is a state capitalist and Chomsky is a state socialist. It is the capitalist-communist convergence.

State-capitalists fund the think-tank circuit and foundation activism. The corrosive effects of this on democracy have been established many times by serious analysts.  In what sense then can foundation activists call for democracy? A polarised dialectic is created by the state-capitalists to co-opt reform, and people like Ms. Siva are there to put a diverse face on the resolution of the dialectic and make it acceptable to the non-western world.

Step back and think about the invisible hand here.

Who is this George Soros?

Even Magasaysay Award-winning Medha Patkar, according to renowned anti-globalization activist Arundhati Roy, has allowed herself to be bamboozled by the Wikileaks-blessed Anna Hazare circus.

Now, it is becoming clear to many that behind the attractive “anti-corruption” agenda, which is dear to many, many ordinary Indians, the globalists are showing their hand, by trying to hustle through legislation favorable to them (the Janlok Pal Bill) in the hubbub of the cynically named so-called “Second Indian Independence.”  The government must be “transparent,” but foreign-funded non-governmental organizations promoting chauvinism and wedge-issues, mixing legitimate grievances with bogus accusations, must be exempt from transparency requirements.

Christmas 1914 in No Man’s Land

Christmas Eve 1914:

Christmas Eve 1914, stars were burning, burning bright
And all along the Western front guns were lying still and quiet
Men lay dozing in the trenches, in the cold and in the dark
And far away behind the lines the village dog began tae bark

Some lay thinking of their families, some sang songs while others were quiet
Rolling fags and playing brag to pass away that Christmas night
As they watched the German trenches, something moved in no man’s land
Through the dark there came a soldier carrying a white flag in his hand

Then from both sides men came running, crossing into no man’s land
Through the barbed wire, mud and shell-holes, shyly stood there shaking hands
Fritz brought out cigars and brandy, Tommy brought corned beef and fags
Stood there talking, shyly laughing, as the moon shone down on no man’s land

Then Christmas Day we all played football in the mud of no man’s land
Tommy brought some Christmas pudding, Fritz brought out a German band
When they beat us at the football we shared out all our grub and drink
Then Fritz showed me a faded photo of a brown-haired girl back in Berlin

For four days after no one fired, not one shell disturbed the night
For old Fritz and Tommy Atkins, they’d both lost their will to fight
So they withdrew us from the trenches, sent us far behind the lines
Sent fresh lads to take our places and told the guns, Prepare to fire

And next night in 1914, flares were burning, burning bright
The orders came, Prepare offensive! Over the top your going tonight
And men stood waiting in the trenches, looked out across our football park
As all along the Western front the Christmas guns began tae bark

And men stood waiting in the trenches, looked out across our football park
As all along the Western front the Christmas guns began tae bark

[1987:]

In no-man’s-land, between the British and the German trenches during the Christmas truce of that year [1914], an extraordinary event occurred.

“The night was cold. We sang, they applauded. Our lines were only two hundred feet apart. We played the mouth organ, they sang, then we applauded. They produced a set of bagpipes and played their poetic tunes.
Men were waving torches and cheering. We had prepared grog and drank a toast.”

[Letter] from a German soldier. –

From both sides men came running, and soon were fraternizing “in the most genuine possible manner. Every sort of souvenir was exchanged, addresses given and received.” A German N.C.O. with an Iron Cross, gained “for conspicuous skill in sniping, started his fellows off on some marching tune. I set the note for the Bonnie Boys of Scotland, and so we went on and ended up with Auld Lang Syne which we all – English, Scots, Irish, Prussians and Wurttembergers – joined in.”

[Diary] of a British Captain. – From some old rags and cord a makeshift football was made, and by the light of flares the two sides played a game of soccer, their previous deadly activities forgotten. (Notes Danny
Doyle, ’20 Years A-Growing’)

[1988:] At some points a “live and let live” system evolved – a means of existence involving tacit co-operation between the sides, recognizing a rough parity of forces. […] One was to have an unspoken agreement […] not to shell latrines nor to open fire during breakfast. Another was to make as
much noise as possible before a minor raid, so that the other side could withdraw to their protected bunkers. This limitation on hostilities did not exist everywhere and was stamped on by command when it came to light. But even such informal arrangements as survived could be quickly buried,
along with men killed by snipers, by the odd shell, or gas. The fraternization that did go on briefly between the lines on Christmas Day 1914 did not characterize the way the war was fought in the trenches.
Violence was always below the surface, ready to explode. (J.M. Winter, The Experience of World War I, 133ff)

Indian versus Israeli Reactions To Provocation

The Great Bong on the difference between the Indian and the Israeli approach to provocation:

“As someone primarily interested in sub-continental politics, what is most interesting for me however, more than the role of Turkey, is the difference between India and Israel in their reactions to provocation, being in similar boats—– — democratic countries with strong militaries, surrounded by antagonistic countries on many sides, eager to provoke them to conflict over disputed territories. Continue reading

Forbes On Where Richer Households Are Moving in America

Forbes on where richer than average households are moving within the USA, June 14, 2010:

No. 1: Collier County, Fla.
Arriving average income per capita: $76,161
Departing average income per capita: $26,128
Stationary household average income per capita: $49,959
Total arriving people: 15,150
Total departing people: 16,802
Top origin: Lee County, Fla. (2,987 people) Continue reading

Sudha Shenoy: The Evolution Of Accounting (Bibiliography)

Organizations and Markets has a brief bibliography of the evolution of accounting by the distinguished libertarian economic historian, Sudha Shenoy. Accounting emerged without state intervention as a type of Hayekian spontaneous order:

Someone asked whether accounting conventions can be interpreted as a kind of “spontaneous order,” in Hayek’s sense, or if the standard rules are the result mainly of state intervention. Sudha replied with these reading suggestions (lightly edited by me): Continue reading

What China Wants

The Financial Times points out the quirks in the Chinese market that have Western companies racking their brains to stay on top of sales:

The big spender in China, in years past and even more so today, is the state: private consumption as a percentage of gross domestic product has fallen from 60 per cent in 1968 to 36 per cent last year and could be as low as one-fifth in 2009 as the government ramps up capital investment.

In fact, the Chinese, who already have a world-beating savings rate of nearly 40 per cent of their income, tend to become more frugal when times are tough. As bank deposit rates decline, most of us spend more. The Chinese tend to stash away even greater sums to make up for the lost interest. The reason for this conservatism is the lack of a social safety net in China – citizens have to provide for their own medical care, old age and possible unemployment.

This makes them “penny pinching, ruthless, suspicious shoppers”, says Tom Doctoroff, north Asia director of advertising agency JWT and a writer on Chinese consumer trends. In a recession this behaviour only grows worse. “The downturn has made people keener on finding the cheapest deal,” says Yuval Atsmon, an associate principal in McKinsey’s Shanghai office. Even when they can easily afford it, buying a PC typically involves six visits to a store, and more often than not, customers will wait six months before making their decision after consulting blogs, online comparison sites and – the most important source of information in China – friends and family. Sales of copycat mobile phones, with all the functions of top models but a lower price, have soared from 17 million units in 2006 to 62 million units last year.

Brand consciousness is high, at least in the big cities, but brand loyalty is much lower than in the west. A price cut or good in-store promotion can often sway shoppers. And for cultural reasons, appealing to an individual’s taste or personal comfort typically doesn’t work, Doctoroff points out. A purchase either has to publicly signal status or wealth, like a flashy car does. Or provide a practical benefit: the latest craze in China is chocolate with added calcium, eaten not for pleasure but for the health benefits. The growing appeal of diamonds to women is not based on romance, but as a financial signal of a man’s commitment. Trust is another key issue in a country where so many consumer products are faked. Chinese mothers, for example, will pay 30 per cent more for safe baby milk – and this should favour foreign brands.

But foreign retailers and manufacturers have to cope with vast regional differences in demographics, language and culture that make it hard to plan a single marketing strategy – indeed treating China like a single country is usually a mistake. Natives of Zhejiang on the east coast like “toilet roll as rough as sandpaper”, the former head of Wal-Mart China liked to observe, a penchant thankfully absent elsewhere. Atsmon points out that cities even an hour apart can be entirely different: in southern Shenzhen, more than four-fifths of the population consists of migrant workers, mostly under the age of 35, who speak Mandarin and drink in bars. In nearby Guangzhou, migrants number just over a quarter, more people are older, enjoy watching Cantonese TV and go out to restaurants to drink with family members. Adequately addressing such niches requires an army of local suppliers, costly infrastructure and several layers of wholesalers and intermediaries. Even then, success may remain as elusive as it always has been: “No matter what you may be selling, your business in China should be enormous, if the Chinese who should buy your goods would only do so,” lamented Carl Crow, an advertising executive in Shanghai and author of the original book on how to sell to the Chinese … more than 70 years ago.”

Maya Angelou On What People Remember

“I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”

— Marketing saw, quoted by Maya Angelou

My Comment:

This quote led me to think of the way in which political debates these days have become entirely devoid of emotional intelligence. I’m convinced that the way we debate things is at least as important as what we debate. Maybe even more important.

There’s something fundamentally wrong with the media when it humiliates public figures, either directly and anonymously on the internet, or indirectly though misrepresentation and innuendo in print. There’s nothing funny, liberated, or “free speech” about any of it. It’s an abuse of speech… a form of violence.

Now if you cuss out someone who’s provoking and attacking you directly, that’s one thing. Turn about is fair play.

But using sexual humiliation as a tool to demonize political candidates (Sarah Palin) or feeding public voyeurism about prominent figures with no political relevance (David Letterman, John Edwards, Tiger Woods) is morally wrong and socially dangerous. It feeds a constant cycle of partisan retaliation that drives everyone but the most insanely ambitious out of politics.

Then, of course, the media turns around and complains without irony about how insanely ambitious politicians are.

Reporters are professionals. They have standards to adhere to. It’s not their job to simply supply a demand. It’s one thing to follow stories that interest people (within certain boundaries of what’s relevant to public discourse). That’s fair enough. But reporters can’t just cave in to whatever it is they think people want to talk about.

You could, after all, argue that people like watching snuff movies. Does that mean the media feeds that appetite too?

Demand doesn’t just come into being. It’s created. And that’s not a one-way thing. There’s a feedback loop. Demand feeds supply, which feeds demand. There’s an addictive element to the whole thing.

That means writers can’t just give up their own moral freedom to feed a demand for immoral things. They have to make a conscious choice to go against what’s in their (or their publisher’s) economic interest and do what’s right.

Admittedly, it’s hard.

As for the so-called hypocrisy of politicians, politicians (and entertainers) aren’t meant to be moral exemplars, so the question really shouldn’t arise at all.

Since the public expects a certain image, politicians have to conform if they want to get elected. Wanting that image to reflect reality strikes me as an example of the foolishness of the public, not of the hypocrisy of politicians.

Public figures are more and more simply the victims of mob mentality. From that perspective, John Edwards did quite right to deny the scandal until the end. It’s no business of the mob’s to know everything about a politician’s marriage and demand a standard from him that the vast majority of people don’t hold to.

Now, Edward’s team members are a different issue. They sacrificed money and time and they might naturally feel betrayed. That’s a different matter. Perhaps they should have researched him a bit more before latching onto him. That they didn’t suggests they have a problem too – mindless hero worship.

People can have extraordinary talents but it doesn’t follow they’re perfect human beings, and there’s something deeply troubling about the urge to demand perfection from mere human beings…. and then attack them when they can’t supply it.

If I were Edwards, I would have banged the door on reporters who hounded me, a long time back. I would have turned the tables and started asking them a few questions about their private lives.

I suppose that’s why I have a degree of sympathy for people who’ve played the game back at reporters, like CEO Mark Cuban..and lately, Patrick Byrne.

Cuban has used Web 2.0 to his advantage against regulators as well.

A New York Times article in 2007 described how John Mack Mackey of Whole Foods and even disgraced and convicted financier Conrad Black of Hollinger International posted anonymously on message boards to counter negative posts about their companies. [The articles noted that they ran the risk of violating securities laws, especially if they disclosed company business in their posts].

Perhaps that’s where the problem lies. We have laws to stop CEO’s of companies defending themselves against attacks, but none for the people who do the attacking, even if they have a financial motive for it and even if their attacks are founded on semi-truths and lies indistinguishable by casual readers.

Mack Mackey used the handle rahodeb, an acronym of Deborah, his wife’s name, and he even commented on how cute he looked with a new hair-cut.  Byrne, on the other hand, has used a pseudonym Hannibal (the ruler of Carthage, not the star of “Silence of the Lambs”), but always signs his name underneath. Both took up the pen to counter attacks on their companies by anonymous internet posters.

It seems to have become a real problem.

In 2008 Apple CEO  Steve Jobs finally had enough of the rumor-mongering about his health and called Joe Nocera of the New York Times a juicy epithet I will chastely refrain from repeating.

[Since I’ve begun contributing to Deep Capture and enjoy a degree of bloggeraderie with them, I’m refraining from commenting directly on Byrne’s running battle with the media, about which I’ve written before. I will just admit to being on their side versus Goldman and the short-raiders. I think they tell it like it is. But any obscene rants at reporters’ expense don’t earn brownie points with me. And I maintain a neutral rating on Overstock, since I just don’t know enough about that end of things].

Either journalists act like a responsible press, or they are paparazzi, in which case they should expect to be hounded and harassed in turn. If reporters want access to the highest levels of business and government, if they want to report on subjects that are socially and politically important, then they should show some respect for their jobs, qualify themselves, adhere to professional standards of behavior, and avoid tormenting other human beings just to make their names.

Remember these are the same reporters who failed to report accurately or in time on one of the biggest stories in a hundred years. And why was that? Because (with honorable exceptions) they were either too comfortable with Wall Street, too lazy to do the research, too ignorant to know where to look, too provincial to read the people who could tell them, and too venal to go against their interests…. or all of the above..

This kind of public exposure we subject people to is not a one-time business. There is a record of the Edwards saga for ever on the net, visible to the whole globe….every little painful detail. What kind of sensitivity to a sick woman does that show, just to take one angle.

Or consider their children..

Isn’t it a kind of torture?
And doesn’t it make us, as it makes any kind of torturer, bestial?
Meanwhile, the victims never forget…..

Edward Bernays On Why Conspiracies Work

“In almost every act of our lives, whether in the sphere of politics or business, in our social conduct or our ethical thinking, we are dominated by the relatively small number of persons […] who understand the mental processes and social patterns of the masses. It is they who pull the wires that control the public mind, who harness old social forces and contrive new ways to bind and guide the world.”

—  Edward Bernays