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Tuesday, September 23, 2008
Ed Feulner :: Townhall.com Columnist
A Free-Market Fix
by Ed Feulner
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Was the Copenhagen Global Warming Summit Walk-Out a Win for the U.S.?


Nobody has ever lost money by betting on the federal government to overreact to a crisis. And as Congress weighs a bailout of the financial markets, it looks as if that’s where the smart money should go yet again.

Any day now, lawmakers are expected to agree to invest some $700 billion -- more than the country spent on the first five years of the Iraq war -- to restore the financial markets. But lawmakers should also be careful to protect taxpayers.

Let’s begin by noting that there is a legitimate federal role in extraordinary circumstances. There are things Washington needs to do to keep our economy functioning. For example, it was a smart move for the Federal Reserve to pour $150 billion into the system. The Fed exists, after all, to make sure money keeps moving and credit remains available.

But as lawmakers debate buying up hundreds of billions in assets, they should realize that the government’s aggressive meddling in financial decision-making is what got our economy into this mess in the first place. The long-term answer isn’t more federal control, it’s a return to free-market principles.

One way to do so is to make sure that any bailouts are as limited as possible. If a private firm is so integral to the financial operations of the economy that it requires assistance, so be it. But in that case, the taxpayers’ should be investing as little as possible, and company management and stockholders should suffer the consequences of their bad investments.

Also, lawmakers should avoid turning the rescue package into a Christmas tree, loaded up with goodies for special interests. One proposal in a Senate bill would require 20 percent of any profitable transaction to be deposited into a special fund that pays for low-income housing. That’s a silly idea that would, in the long run, only serve to make things worse.

Consider one of the root causes of today’s problems: the collapse of the sub-prime mortgage market.

A big reason for that failure is federal policies aimed at increasing home ownership. Getting more people into homes was a stated goal of the Bush administration and lawmakers of both parties, many of whom received massive campaign contributions from government-sponsored enterprises Fannie Mae and Freddie Mac.

Fannie and Freddie played up their status as GSEs, telling shareholders they were a safe place to invest. Now they’ve been absorbed by the government, meaning investors may indeed be safe, but taxpayers are at risk. Washington needs to get out of the housing business. It shouldn’t be a federal concern whether or not someone owns a home.

Also, Wall Street firms should consider changing how they compensate their investment bankers. Many earn the lion’s share of their pay in bonuses, a policy that tends to encourage bankers to make risky deals to prop up the short-term bottom line at the expense of long-term planning. Firms should revise their compensation packages, paying bonuses based on a 3-5 year rolling average. This, of course, should be done by management, not by federal regulation.

Similar shady accounting was occurring at Fannie Mae, by the way.

The Office of Federal Housing Enterprise Oversight, the regulator charged with keeping an eye on Fannie and Freddie, reported two years ago that, “Between 1998 and 2004, Fannie Mae’s senior management deliberately and intentionally manipulated accounting methodologies to hit earnings targets and help executives maximize their bonuses.” That’s why former executives were able to cash out millions of dollars and stick taxpayers with the bill.

Finally, lawmakers should repeal Sarbanes-Oxley, the regulation-heavy law it passed after Enron collapsed a few years ago. Sarbox, as it’s known, hasn’t worked. It didn’t protect our economy from the current crisis, for example. But it has helped drive entrepreneurs to invest overseas (where regulations are lighter) instead of here at home. Washington could encourage growth on the Street just by getting out of the way.

As a rule, Congress is good at two things: 1) doing nothing at all. 2) overreacting.

Some lawmakers appear eager to prove that rule, pushing for a massive overreaction. Better they should quickly pass a limited rescue package that stabilizes the market, then proceed to remove the regulatory meddling that helped create this mess in the first place. That’s the best way to prevent future turmoil and protect taxpayers.

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About The Author
Dr. Edwin Feulner is president of The Heritage Foundation, a Townhall.com Gold Partner, and co-author of Getting America Right: The True Conservative Values Our Nation Needs Today .
 
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Pay is good to steal, by banks anyway
September 21, 2008
Fury at $2.5bn Lehman bonus
Nomura and Barclays table bids today for US giant’s London operation as bank’s administrator likens collapse to Enron
John Waples and Danny Fortson

STAFF at Lehman’s New York office who helped to cause the world’s biggest corporate bankruptcy are to share in a $2.5 billion bonanza.

The bonus, which has been described by London staff as a “scandal” has been pledged by Barclays Capital, the British-based bank that last week acquired Lehman’s American operation and took on 10,000 staff.

http://business.timesonline.co.uk/tol/business/industry_sec tors/banking_and_finance/article4795072.ece

Paper Money
America and Americans have lived above their capacity to meet their financial bills due for payment. Robbing peter to pay paul has 'met the enemy and he is us'-Pogo.

America just prints money to bailout these greedy companies. The company executives get a golden parachute worth millions of real dollars for screwing the American citizen out of billions of our hard earned money.

The only thing keeping these Democrat, professional, political parasites in office is the vote getting entitlements to people on the dole from cradel to grave.

That is a helluva deal! But, one day the pot will be empty and all of the people on the dole will be forced to earn their keep. It may very well happen during this fiasco.

FBI probing bailout firms
http://money.cnn.com/2008/09/23/news/companies/fbi_finance. ap/index.htm?cnn=yes
WASHINGTON (AP) -- The FBI is investigating four major U.S. financial institutions whose collapse helped trigger a $700 billion bailout plan by the Bush administration.

Two law enforcement officials said Tuesday the FBI is looking at potential fraud by mortgage finance giants Fannie Mae (FNM, Fortune 500) and Freddie Mac (FRE, Fortune 500), Lehman Brothers Holdings Inc. (LEH, Fortune 500), and insurer American International Group Inc. (AIG, Fortune 500)

The inquiries, still in preliminary stages, will focus on the financial institutions and the individuals that ran them, a senior law enforcement official said.

Officials said the new inquiries brings the number of corporate lenders under investigation over the last year to 26.



"You are a den of vipers and thieves.
The Daily Reckoning PRESENTS: Thoughts on the legendary tirade of Louis T. McFadden and conspiracy theories swirling about the Fed...


VIPERS AND THIEVES



"You are a den of vipers and thieves.
I intend to rout you out, and by the Eternal God, I will rout you out."

President Andrew Jackson,
stated in reference to the wildcat bankers of his day



The Fed is guilty...

...guilty of "swindling the U.S. Treasury...";

The Federal Reserve-A Corrupt Institution

"Mr. Chairman, we have in this Country one of the most corrupt institutions the world has ever known. I refer to the Federal Reserve Board and the Federal Reserve Banks, hereinafter called the Fed. The Fed has cheated the Government of these United States and the people of the United States out of enough money to pay the Nation's debt. The depredations and iniquities of the Fed has cost enough money to pay the National debt several times over.

"This evil institution has impoverished and ruined the people of these United States, has bankrupted itself, and has practically bankrupted our Government. It has done this through the defects of the law under which it operates, through the maladministration of that law by the Fed and through the corrupt practices of the moneyed vultures who control it
http://news.ask.com/news?q=&o=10168&l=dis

Mr. Feulner
I agree with everything you are saying, especially about SOX. It needs to be repealed and the GSE's busted up. In the long run, these solutions will need to be implemented, because only increased productivity can bring us out of this.

However, it it increasingly clear to me over the last couple of days that before we can address those issues, the right's immediate focus should be on taking action to stop the oncoming finance industry nationalization train known as Paulson's bailout plan. This is a genuine emergency and requires leadership from the right.

As president of the Heritage Foundation, you are in a unique position to make a big difference in our nation's future (or saving our country, as I like to call it). Please contact other right-wing organizations, to include the AEI, Cato, and the Ayn Rand Center. The GOP politicians need guidance from the right, a free-market emergency action plan that preserves laissez-faire capitalism that all the right-wing organizations are behind. Otherwise, they will eventually cave and sign off on that monstrosity due to uncomfortable psychological pressure and lack of an alternative way to alleviate it. This is especially true since Bernanke, who poses as an expert, is ringing the doom-and-gloom panic bell very loudly.

.........
----One proposal in a Senate bill would require 20 percent of any profitable transaction to be deposited into a special fund that pays for low-income housing. That’s a silly idea that would, in the long run, only serve to make things worse.-----

Exactly. Only a liberal idiot [redundancy] could come up with such a provision. Liberals really are dangerously stupid.

for Wendy
Wendy writes: "The GOP politicians need guidance from the right, a free-market emergency action plan that preserves laissez-faire capitalism that all the right-wing organizations are behind."

Strawman.
America wasn't practicing "laissez-faire capitalism" before this financial crisis hit either.

In fact, America has NEVER practiced "laissez-faire capitalism." And it certainly has not practiced even a "modified" laissez-faire capitalism ever since the New Deal of the 1930s.

We've had a mixed economy, with a vigorous private sector but a big public sector too. So the question going forward is what that mix should look like.

Laissez-faire capitalism is not an option and never was. It exists as a fantasy in an Ayn Rand novel.

What Free-Market?

Free-Market principles are NOT a fantasy in an Ayn Rand novel.

A free-market does NOT mean: "no regulation at all". Even Adam Smith said, in the 18th century, that governments have a moral obligation to protect their citizens from physical danger and manifest fraud conducted by businesses engaged in activities which are clearly a threat to the public welfare. However, governments have CONSTANTLY interfered with FREE competition, by passing legislation which gives some enterprises special favors, exemptions from the same rules that apply to their competitors, taxpayer-funded subsidies, specially-targeted draconian regulations which make it more difficult for new competitors to enter the market, etc. There is a perfect example of these machinations in the power of the major corporate pharmaceutical industries. I know, because I worked in the pharmaceutical industry. They have enormous resources, and carry enormous influence with members of Congress, in BOTH parties. Over many years, they have lobbied for, and received, numerous pieces of favorable special legislation which was designed to PROTECT their market share AND their predatory marketing practices, by creating onerous legal obstacles for any "upstart" entrepreneurs who wish to compete with well-tested and innovative products that use more natural substances. Meanwhile, the FDA has frequently approved drugs, produced by the pharmaceutical giants, that have later been proven to not work at all, or, have EXTREMELY dangerous side effects.
If we REALLY had a true free-market in this country, there would be a CONSTITUTIONAL prohibition against ANY special-status legislation which favors ANY legitimate business over another, AND, against ANY taxpayer-funded subsidies, bail-outs, grants, loans, etc. for ANY private for-profit business . . . . EXCEPT in cases of TEMPORARY necessity, as a result of NATURAL catastrophes or an official declaration of war by Congress.

Let Free Enterprise Reign....
Congress needs to do nothing. Let free enterprise balance the books. Even Germany says, to help the crooks is condemning Americans.

One thing they need to do. Dismantle Freddie and Fannie and turn it into free enterprise.

I see Buffett infused 500 billion into the banks. Must be a sound investment. Let others do the same and government do nothing. Of course, do nothing Pelosi will now react.


SOX
Ed,

Good article. I also agree with you that SOX should be repealed. All it has done is cost public companies LOTS of money (our small company - 2600 employees, assets of around $3 billion) spends over $6 MILLION a year just for SOX compliance. It's making a lot of CPA firms and consultants rich, but it sure didn't do a thing to stave off this type of market collapse.

I also agree that the Federal government basically caused this market collapse by requiring banks to throw away their underwriting guidelines and engage in high risk lending practices. I do not agree, however, in the media characterization of the mortgage pools the government is getting from Fannie and Freddie as being "worthless." Keep in mind that, even in sub-prime, over 90% of homeowners are still paying their mortgages as agreed. All this media hype about these mortgage pools being "worthless" just erodes market confidence in the pools and reduces their market value.

for Myk
Myk writes: "If we REALLY had a true free-market in this country, there would be a CONSTITUTIONAL prohibition against ANY special-status legislation which favors ANY legitimate business over another, AND, against ANY taxpayer-funded subsidies, bail-outs, grants, loans, etc. for ANY private for-profit business . . . . EXCEPT in cases of TEMPORARY necessity, as a result of NATURAL catastrophes or an official declaration of war by Congress."

Such a system has never existed anywhere. That's why I called it a fantasy. If you prefer, call it a theoretical abstraction. Like perfect socialism or absolute zero temperature.

$770 billion "bailout"
Wouldn't it be just as simple to send everyone of the 330 million or so in this country about $2 million? I mean, all they want to do is redistribute wealth anyway. Wouldn't everyone receiving $2 million help the economy? I'm surprised the socialists in this country haven't come up with this already.
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