Richard (RJ) Eskow
Published: Saturday 5 May 2012
In 2009 there was a very compelling argument for a Federal takeover over these failing institutions, which had been so negligently (and very possibly criminally) mismanaged could no longer survive on their own.

Geithner’s World, Part 1: Three Years of Immunity for Bad Bankers

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Here's a walk down memory lane that's worth taking, even if it makes your blood pressure spike a little: Three years ago Tim Geithner was in the position of having to explain why the Federal government wasn't going to nationalize the nation's failing banks. In 2009 many people expected that to be part of the government's bank rescue plan.

Only three years. It seems so long ago, doesn't it?

In 2009 there was a very compelling argument for a Federal takeover over these failing institutions, which had been so negligently (and very possibly criminally) mismanaged could no longer survive on their own. And while nationalization wasn't the only course worth considering, this snapshot from our national past reflects the gravity of the crisis caused by bankers.

It's also a useful reminder of the extent to which bank CEOs failed to pass even the most basic test of executive competence - namely, not destroying your own corporation.

Three years ago bank CEOs expected that the Administration would take firm measures against them as it rescued and restructured their institutions. That would have been the logical thing to do. After all, an entire set of corporations has failed spectacularly, shattering the global economy and forcing taxpayers to provide them with hundreds of billions of dollars in rescue money.

But no, Geithner told reporters, there were no plans to nationalize these failed, collapsing institutions. Instead Geithner said he was beginning a process he described as ""efforts taken to date to improve transparency and accountability." What else was in the news in early-to-mid 2009?

Three years ago journalists were reviewing Geithner's work history as head of the New York Federal Reserve, and noting some rather dramitic shortcomings in his performance there, like his failure to spot impending doom at Citigroup . That's like being the astronomer on asteroid watch who misses the fact that our planet is about to be struck ... by Jupiter.

Widespread concerns about Geithner's coziness with Wall Street were even being reflected in the comments of nonpolitical observers like Christopher Whalen of Institutional Risk Analytics, who was troubled by his relationship with Goldman Sachs.

Economics and law professor William K. Black was even more blunt in his assessment of Geithner's plans three years ago, saying that Geithner was continuing predecessor Hank Paulson's "policy of violating the law." As Black wrote in February 2009:

"The law mandates that the administration place troubled banks, well before they become insolvent, in receivership, appoint competent managers, and restrain senior executive compensation (i.e., no bonuses and no raises may be paid to them). The law does not provide that the taxpayers are to bail out troubled banks."

But three years later most of those banks' leaders are still in place. Bankers have continued to receive enormous bonuses and raises, despite the fact that Geithner was insisting that the bank bailouts came with firm conditions for the fortunate recipients.

But Geithner insisted things would be different. Here's what Geithner told Jim Lehrer in June 2009:

"You will see conditions to make sure that the support generates more lending than what would have been possible, that the support does not go to pay dividends or excess compensation, to make sure that the conditions come with the kind of changes in the structure of the entity necessary to make them stronger going forward, and they provide accountability.

"You will see conditions to make sure that the support generates more lending than what would have been possible, that the support does not go to pay dividends or excess compensation, to make sure that the conditions come with the kind of changes in the structure of the entity necessary to make them stronger going forward, and they provide accountability."

Since then we've seen three years of soaring bank profitability, as too-big-to-fail banks used bailouts and Federal Reserve largesse to recapture a disproportionate share of the nation's profits, while becoming even more dangerously oversized than ever. We've seen three years of runaway bonuses, thanks to the US taxpayer. We've seen three years without the institutional restructuring that Geithner promised.

And we've seen a three-year lending drought, especially for the individuals and small businesses that are so critical to economic growth.

Here's another exchange with Lehrer, in which Geithner explains that of course the government will not give money to bankers without expecting something in return:

GEITHNER: The government gets an ownership stake in the company proportionate to the level of assistance we're providing.JIM LEHRER: Just like anybody else would if they bought stock, right?TIMOTHY GEITHNER: Just like anybody else would if they get stock.

Needless to say, it never happened, and instead we've been given implausible tales that suggest the taxpayer "made money" on the TARP bailout.

Sure, Geithner was talking tough in those days, telling Lehrer:

"I am deeply offended by the quality of judgments we've seen in the leadership of our nation's financial institutions. They've caused a very damaging loss of confidence. Financial systems require confidence; they're built on confidence. They've created a deep hole of public distrust and anger, which is enormously damaging."

That's true of those bank executives, of course. But so's this: With one or two exceptions, they all still have their jobs.

In 2009 Geithner told Lehrer that bank executives "have a huge obligation to try to restore ... basic trust and confidence," adding that "we're going to make sure they do it by making sure that our assistance comes with conditions that will help restore confidence in the American people... "

"We're going to do things that are going to help get credit flowing again," Geithner said, adding: "Nothing we do for banks is for banks. It's all for the benefit of the people that depend on banks -- the businesses, the families, the students -- that require credit in order to do things that are important to their future."

But three years ago it was also being reported that Geithner prevailed over other White House officials, making sure that banks would have no limits on the bonuses they could pay out with taxpayer rescue money, no restrictions or requirements on how they spent the taxpayers' rescue money, and no requirement that failed bank CEOs would be forced to pay for destroying their own institutions and shattering the world economy - not even by losing their jobs.

Three years ago Geithner was appointing a Goldman Sachs lobbyist as his Chief of Staff, even as he told Katie Couric that "of course" he was willing to force bank CEOs to resign.

Geithner was talking tough:

JIM LEHRER: (A)re the bankers and the banking industry, have they gotten your message now? Do they realize there's a new world here for them?

TIMOTHY GEITHNER: They will, Jim.

Why dredge up the aggraving stories and frustrating quotes of yesteryear? Because the past is prologue. As we'll see in Part 2, Geithner continues to protect too-big-to-fail bankers. "Immunity" is defined as "the state of being protected from something" - and bankers are even been protect from their own incomptence.

And that's not even the worst of it. This is: On the criminal front, Geithner continues to insist that bankers did nothing illegal in the run-up to the crisis - despite a mountain of evidence to the contrary, and despite that fact that he pushed a deal that brought a number of criminal investigations to a premature end.(Coming up - "Geithner's World, Part 2: Guilt and Innocence")



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ABOUT Richard (RJ) Eskow

Richard (RJ) Eskow is a well-known blogger and writer, a former Wall Street executive, an experienced consultant, and a former musician. He has experience in health insurance and economics, occupational health, benefits, risk management, finance, and information technology.

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15 comments on "Geithner’s World, Part 1: Three Years of Immunity for Bad Bankers"

Puma

May 07, 2012 1:46am

As lifelong Democrat and Liberal I have come to the conclusion that the only effective thing to do in the upcoming elections it to give everyone what they think they want and vote straight Republican. With the Democrats we are simply putting a band aid on a gaping wound.

I don't think McConnell and the Republcans really think they can defeat Obama in 012 - hence the doofus placeholder Romney. They are planning to give us more of the same for 4 more years - nipping at Obama's heels and exploiting his naive dream of bipartisanship, generally being obstructionists, preventing him from doing anything and then swooping in for a big 2016 takeover. Give it to them now - with a broken economy and a growing perception of gross unfairrness. Let them try to manage this mess NOW and leave them holding the bag. Besides MAYBE it will wake up the public to oust corrupt Democrats or else they will rightfully fade away.

Demeter

May 06, 2012 9:26pm

The bankers will never be brought to justice because technically speaking a lot of what they did probably didn't violate the law. In addition, both political parties now owe their jobs and their lives to those who pay their election bills and that money comes primarily from the the same rich guys for both parties. This means that the law is gamed by and for the rich. If citizens voted out all incumbents of both parties every two years they might gain a small amount of moderation from these guys. Without that, the voter has nothing to offer these people.

The Republican economic solution is to return to the dance they did from 2001 to 2008 and Congressional Republicans agree to nothing that deviates from those policies, while Democrats are unable to "compromise" with a Republican Congress that plays the terrorist game: "my way or I blow it all up." So the nation continues to have high unemployment primarily because of state layoffs due to shrinking Fed government expenditures, and banks chary of lending because there is little or no market demand are sitting on a mountain of money (some of it given to them by the Fed government.) Clearly, you can't generate demand or tax revenues if you have too many people without jobs or job security, and you certainly can't get tax revenues up by decreasing tax rates on the super wealthy!

So long as the economy limps along and Citizens United stays the law of the land I have little hope that voters will be angry enough to vote the elephants out of Congress -- and without that, we are in for another 4 years of stalemate, or if Romney gets elected: Bush redux and worse.

Obama may be a disappointment in some ways, but the Republicans and Romney are totally yesterday's news and are selling the revival of the aristocracy as the future. Even sadder is that so many ill educated voters don't know what the hell an aristocracy is!

Raymond P. Bilodeau

May 06, 2012 10:49am

Unfortunately, Obama refuses to dismiss Geithner, which he should have done well before now. The other person who should go is AG Eric Holder, who has gone along with insulating the Great Depression II criminals from prosecution. No word from the "panel" Holder established to determine who needs to be prosecuted. I have to assume they will wait until the statute of limitations has passed for all but the slightest of charges.

William Bednarz

May 06, 2012 7:32am

The bank bauilout was FRAUD...If you loan someone money - that you're short of and don't get re-paid it affects you immediately...saying the money has been re-paid and it still immediately affects you ?? IS FRAUD
the diveratives and foreclosures spread to a world financial crisis -.- not created by any of the people of the affected countries...
“In the wake of the US bank-induced 2008 global financial crisis, . . . . ex.treasury "secret"ary Henry Paulison said the people are too naive to ubderstand the complexities of banking ?.?.?
SOMEONE SHOULD EXPLAIN THE COMPLEXITIES OF THE PEOPLE AND THEIR INTELLIGENCE - BEFORE TALKING DOWN TO THEM....
. . . . look around the situation is getting worse not better

Suzan2

May 05, 2012 8:53pm

There certainly won't be any punishment for this crowd or restitution to the citizens for their being robbed by these smirking criminals until everyone affected negatively in the country takes to the streets and demands it.Bet on it.

miz.behaves

May 05, 2012 4:57pm

It is somewhat surprising to me that some people think in this world-wide economic system we have (and the Federal Reserve system) that electing a Democratic or Republican president would make much of a difference. And I am doubly surprised when people still, after as long as he has been President, that people are still looking to Obama for help or are surprised that he acted the way he did when it came to the banks.

He caved as he was expected to do.

My thinking is that until people wake up and see we really only have one political party in this country (and the world)--the internationally-connected financial system--we are only in for more of this stuff.

CoolObserver

May 05, 2012 3:42pm

Sadly, very sadly Tim Geithner has been Obama's worst choice, worst advisor and worst problem for the upcoming election and the financial health of our country. He is an equivalent of not just a corporate mole and sympathizer, but he was even partly responsible for things getting as out of hand as they did --Yet, here he is advising and engineering the restoration of all his old buddies and their disgusting schemes. Pull up the last two segments of Frontline's expose on the financial meltdown and see how Geithner not only help the crises happen, but has prevented any timely and meaningful punishment or regulations or controls to prevent it from happening again or punishing those who were responsible, gained from it and still continue to gain! Geithner, more than any other individual is now the culprit.

james2021

May 05, 2012 2:19pm

Nothing will happen until the economy totally collapses, and the Republican/Conservatives lies will no longer work. "You too can be rich like us, and if your not, then you aren't working hard enough" Similar to the Faith healer, the blind can see again, and the deaf can hear but only if your FAITH is strong enough. If not, you will remain blind and deaf because your FAITH wasn't strong enough. Disgusting that they can get away with this crap.

Jefffrey Hill

May 05, 2012 2:11pm

Obama still refuses to look back and criminally prosecute his thieving Wall Street "Savvy Businessmen" billionaire buddies.

Recently, Geithner justified Obama's refusal to prosecute the Wall Street thieves by saying that no crime were committed.
Words of wisdom from a serail tax cheat who deliberately refused to file tax returns during the 8 Bush/Cheney years when he was president of the NY Federal Reserve and the Asst. US Treasury Secretary under Bush/Cheney.

There have been several secret multi-trillion dollar bailouts of the Wall Street thieves since the financial collapse of 9-16-08 and the $770 Million TARP bailout, and we are about to have another one.

SaulT

May 05, 2012 2:00pm

Your don't seriously think the government (which is owned by the corporations which are owned by the banks) will actually make them responsible, do you?!

That same government which always uses this excuse:

"It was a SYSTEMIC PROBLEM!"

i.e: "WE didn't do it - ONLY *The SYSTEM* did it! Whee!"

?!

;-)

Scott Seymour

May 05, 2012 1:44pm

Obama talks like King, but walks like Bush. In giving the keys of economic power to Geithner (and other Goldman-Sachs people), with no reservation or control over the past three years, he has effectively embraced the power and values of Wall Street and the Big Banksters.

Lori Norman

May 05, 2012 10:26am

There is one kind of law for the obscenely rich and another kind of law for the rest of us.

Lori Norman

May 05, 2012 10:25am

There is one law for the obscenely rich and another law for the rest of us!

Tearlach Uisnec...

May 05, 2012 9:43am

This has been business as usual since at least Ronald Reagan! Go look at the videos of his addresses to the nation. Lo and behold there is a gentleman, none other than the CEO of Goldman-Sachs, standing behind Reagan's right shoulder! This is true of every president since. Research it for yourself, the videos are on the internet.

GeorgeM

May 05, 2012 8:04am

One component of a real economic recovery is real punishment being delivered to those involved in its destruction. Until this occurs the faith in the system, we are all looking for, will never be restored.