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Today's Stories January 6, 2009 Pam Martens January 5, 2009 Paul Craig Roberts Sousan Hammad Wajahat Ali Mats Svensson Jen Marlowe Muhammad Ali Khalidi Brian Cloughley Faheem Hussain William Cook Dr. Trudy Bond Christopher Ketcham Steve Early Dave Lindorff Website of the Day January 2 - 4, 2009 Alexander Cockburn Uri Avnery Jonathan Cook Paul Craig Roberts Brian Eno Ralph Nader Omar Barghouti Graham Usher P. Sainath Belén Fernández Deb Reich Gary Leupp Michael Yates Joanne Mariner Seth Sandronsky Cynthia McKinney Sonja Karkar Deepak Tripathi Robert Fantina John Ross Norm Kent Larry Portis Richard Rhames Dee C. Lubell David Yearsley Lorenzo Wolff Marc Catone Poets' Basement Website of the Weekend
January 1, 2008 Jennifer Loewenstein Oren Ben-Dor Wajahat Ali Saul Landau David Michael Green Website of the Day December 31, 2008 Pam Martens Neve Gordon / Ted Honderich Brian Cloughley Ron Jacobs Vijay Prashad Franklin Lamb Mike Whitney David Macaray Richard Thieme Mary Lynn Cramer Stephen Lendman Worthy Group of the Day December 30, 2008 Paul Craig Roberts Tariq Ali Robert Bryce Jonathan Cook Gary Leupp Dave Lindorff Brian McKenna John Walsh Ramzy Baroud Bob Sommer Worthy Activist of the Day
December 29, 2008 Jennifer Loewenstein Neve Gordon Joshua Frank George Salzman / Norman Solomon Ewa Jasiewicz Rob Larson Kenneth Libby Robert Weissman Elsa Johnson Nicola Nasser Belén Fernández Worthy Group of the Day December 26-28, 2008 Alexander Cockburn Dr Eyad Al Serraj Jeffrey St. Clair Bradley Simpson Ralph Nader Gary Leupp Ellen Cantarow Matt Landon David Macaray Patrick Bond Norm Kent Brian T. Ketcham Rannie Amiri Larry Portis Richard Rhames Stephen Lendman James L. Secor Ramzy Baroud Harold Pinter Cpt. Paul Watson Howard Lisnoff Michael Dee Steve Conn Poets' Basement Worthy Group of the Weekend December 25, 2008 Judy Gumbo Albert Rev. William E. Alberts Hannah Mermelstein Worthy Group of the Day December 24, 2008 Bill Quigley Saul Landau Sam Smith Brian Cloughley John Ross Eric Walberg Norm Kent Stephen Martin Worthy Group of the Day December 23, 2008 Michael Hudson Michael Yates Chuck Spinney Vijay Prashad Brian Horejsi David Macaray Neil Watkins / David Michael Green Worthy Group of the Day December 22, 2008 Pam Martens Gary Leupp Mike Whitney Karl Grossman Niall Meehan Steve Conn Uri Avnery Corey D. B. Walker David Swanson Worthy Group of the Day December 19 - 21, 2008 Alexander Cockburn Jeffrey St. Clair Paul Craig Roberts Patrick Cockburn Felice Pace Diane Farsetta George Ciccariello-Maher Eric Bergoust Marjorie Cohn Stan Cox Michael Donnelly Robert Weissman Ralph Nader Alan Farago Sam Smith Timothy G. Hermach Seth Sandronsky Rannie Amiri David Yearsley Martha Rosenberg Dave Lindorff Christopher Brauchli Missy Beattie Richard Rhames Stephen Martin Paul Krassner Lorenzo Wolff Poets' Basement Worthy Group of the Weekend December 18, 2008 Phillip Doe Ronnie Cummins Jesse Sharkey Saul Landau Peter Morici Dave Lindorff Panos Petrou Jeff Cohen / Worthy Group of the Day December 17, 2008 Peter Lee Conn Hallinan Mike Whitney Jeff Halper Alan Farago Peter Morici Norm Kent Col. Douglas MacGregor Margaret Kimberley Ron Jacobs Worthy Group of the Day December 16, 2008 Vicente Navarro Patrick Cockburn Thomas Michael Power Jason Hribal Farzana Versey Wajahat Ali / Mats Svensson Paul Fitzgerald / David Macaray Howard Lisnoff Worthy Group of the Day December 15, 2008 Andy Worthington Franklin Lamb Karl Grossman Brian Cloughley Mary Lynn Cramer Steve Early Thomas Christie Ken Paff Niranjan Ramakrishnan Dave Lindorff Alan Farago Worthy Group of the Day December 12 / 14, 2008 Alexander Cockburn Michael Hudson / David Price Jeffrey St. Clair Frank Barat John Ross Binoy Kampmark David Macaray Ralph Nader Eamonn Fingleton Lawrence Velvel Behzad Yaghmaian Sam Husseini Tom Barry Howard Lisnoff Laura Carlsen Raj Patel Ron Jacobs Paul Watson David Yearsley Lorenzo Wolff Kim Nicolini Susie Day Poets' Basement Worthy Group of the Weekend December 11, 2008 Patrick Cockburn P. Sainath Vicken Cheterian Ray McGovern Dedrick Muhammad Lee Sustar Peter Morici Ayesha Ijaz Khan George Wuerthner Christopher Brauchli Worthy Group of the Day December 10, 2008 Ismael Hossein-Zadeh Mary Lynn Cramer Manuel Garcia, Jr. Joshua Frank Steve Conn Lee Sustar Glen Ford Stephen Lendman Nadia Hijab Dave Lindorff Website of the Day December 9, 2008 Mike Whitney Fawzia Afzal-Khan Ghada Karmi Dave Lindorff Steve Breyman Lee Sustar / Rev. William E. Alberts Martha Rosenberg Sam Husseini David Macaray Website of the Day December 8, 2008 Steve Early Michael Hudson Patrick Cockburn Diane Farsetta Paul Craig Roberts Daniel Gross Saul Landau Harvey Wasserman Mike Ferner Norman Solomon David Michael Green Website of the Day
December 5 / 7, 2008 Alexander Cockburn Brian Cloughley Paul Craig Roberts Liaquat Ali Khan Farzana Versey Peter Lee Peter Morici Ralph Nader / Yinon Cohen / Wajahat Ali Johnny Barber Alan Farago Jeremy Scahill Mike Whitney Ranjit Hoskote Carl Finamore Marjorie Cohn Norm Kent Missy Beattie Binoy Kampmark David Macaray Nancy Stohlman Ron Jacobs David Yearsley Lorenzo Wolff Poets' Basement Website of the Weekend December 4, 2008 Ece Temelkuran Ralph Nader Harry Browne Eamonn Fingleton Conn Hallinan Mike Whitney Stewart J. Lawrence Paul Fitzgerald / Karyn Strickler Jennifer Matsui Website of the Day December 3, 2008 Andrew Cockburn Sheldon Rampton Robert Weissman Yifat Susskind William Blum Alan Singer David Macaray Martha Rosenberg Mats Svensson Website of the Day December 2, 2008 Jeremy Scahill Paul Craig Roberts Ayesha Ijaz Khan Sarah Anderson / William Blum John Ross Dave Lindorff Nicola Nasser Steve Conn Robert Bryce Website of the Day December 1, 2008 Patrick Cockburn Damien Millet / Vijay Prashad Deepak Tripathi Joshua Frank P. Sainath Alan Farago Binoy Kampmark Chris Genovali David Michael Green Stephen Martin Website of the Day November 28-30, 2008 Alexander Cockburn Mike Whitney Ted Honderich Tom Kerr Mike Ely David Yearsley Deepak Tripathi Sonja Karkar Ramzy Baroud Robert Weitzel Robert Roth Carlos Fierro David Macaray David Rosen James Cockcroft Stan Cox Steve Conn Stephen Martin Richard Rhames Kim Nicolini Lorenzo Wolff Poets' Basement
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January 6, 2009 From Wall Street to WashingtonIt's All One Big LieBy PAM MARTENS Airing live on C-SPAN, the first of the House Financial Services Committee hearings on the Bernard Madoff fraud on Monday, January 5, 2009 felt like the Congressional equivalent of a Ponzi scheme. Big spans of empty Congressional seats commanded the camera’s lens at this historic hearing while empty-headed questions filled a torturous five hours with nothing to show for it at the end. The hearing confirmed one of my nagging suspicions: whether it’s government oversight of market manipulations, timely investigations of politically connected crooks, or the best and the brightest serving the American people’s interests in the hallowed halls of our wobbly democracy, “it’s all just one big lie,” to quote Mr. Madoff on his business model. While Allan Goldstein, a quiet gentleman of 76 from upstate New York, sat patiently in a back row waiting for his turn to speak, with time to ponder the potential foreclosure on his home after losing his entire life savings to Madoff’s fraud, Rep Spencer Bachus (R-Al) debated in the opening five minutes whether this was a formal hearing or not since committee members had not yet been officially sworn in. (I had a quick flashback to Marisa Tomei in the movie “My Cousin Vinny” and did a quick edit: “Your life is lying on the ground in little bloody pieces. Now I ask you, do you give a damn what kind of congressional hearing they’re holding after the fact for the s-o-b that robbed you?”) This vacuous interlude would be eclipsed later in the hearing when there was an interminable back and forth to differentiate for some of the House Financial Services Committee members the difference between an Inspector General of the Securities and Exchange Commission (SEC) and the actual enforcement division of the SEC. Adding to the surreal nature of the hearing was the fact that Mr. Madoff, the greatest financial criminal of all time in terms of money stolen and lives impacted, was sitting not in a jail cell but a luxury penthouse, likely watching the hearing while sipping Dom Perignon from a Limoges flute. Mr. Madoff did have an afternoon rendezvous with a bail hearing where prosecutors revealed he was recently mailing expensive jewelry to family members. By the end of the first hour of the hearing, it was abundantly clear that our Congress is no match for the Wall Street sharks. By the end of the fifth hour, any citizen who loves their country could have been forgiven for wanting the same kind of pills that Mr. Goldstein said his wife is taking to control her emotional state over the prospect of losing her home, her life savings and moving in with their children. The first panel to testify included H. David Kotz, the Inspector General of the SEC. Mr. Kotz has the youngish, fresh-scrubbed, optimistic face of someone who hasn’t been exposed to Wall Street for very long. He’s been at the SEC for 13 months. Before that he served as Inspector General at the Peace Corps. (Yes, Peace Corps.) Before that he worked at the U.S. Agency for International Development (USAID). He is a lawyer but apparently has no securities background to untangle the web at the SEC that permitted the largest and most complex securities fraud in the history of the world. Several queries were directed at Mr. Kotz from the scant amount of chairs occupied to explain the well publicized strategy Mr. Madoff purported to use to sustain those outsized and consistent returns, dubbed the “split strike conversion.” Mr. Kotz said he didn’t know what this meant. Because securities fraud is not Mr. Kotz’ area of expertise anymore than emergency management was Michael Brown’s area of expertise at FEMA, Mr. Kotz is unlikely to figure out the following in time to save Wall Street from drowning in its own hubris: A split-strike conversion means simply the purchase of a group of stocks that correlate as closely as possible to those found in the Standard and Poor’s 100 (S&P 100); for example, buying some blue chip names in telecommunications, finance, energy, pharmaceutical, etc. To attempt to put a collar on how much you can lose, you buy some OEX (S&P 100) put options. To collect a little extra income to supplement stock dividends, you sell (collect premiums on) OEX call options. Could this generate the kind of consistent, positive returns Mr. Madoff was reporting? Highly unlikely because you are not fully protected on the downside and not a chance in hell if, as revealed in the hearing, the portfolio of stocks and options were sold at the end of every month with the funds dumped into U.S. Treasury securities (according to the fake statements given to clients). The transaction costs would eat up the profits and deliver a minuscule or negative return. And, that’s precisely why Mr. Madoff was not actually doing any trades with his clients’ money. (The month-end purchase of Treasury securities on paper was to provide an alibi for the shortfall in stock positions reported to the SEC, should they ever decide to actually do a thorough investigation.) My problem with Mr. Kotz’ fresh face from the Peace Corp. is that he’s going into this complex web of deceit inadequately armed with the knowledge he’ll need to root out the SEC pitfalls that allowed this to happen and sniff out any potential Madoff co-conspirators. Maybe his fresh face will surprise us but I have this haunting feeling that I’m going to be hearing “nice job Kotzy” just moments before the next financial fraud explodes under the nose of the SEC. Here’s another critical area that no congressional member or panel member jumped on. When Mr. Goldstein explained how his accountant had referred him to Mr. Madoff, no one spoke up and said, what a minute, you’re from New York aren’t you. Hey, isn’t New York one of those states that is allowing broker-dealers to pay fees to accountants for referrals of clients? (What kind of an accountant doesn’t see a red flag when a conservative client’s statement is showing a portfolio turning over 12 times a year?) No one in the hearing room said maybe we should look and see if our whole system of checks and balances has been corrupted. (Which is precisely what has happened. We’re just one big seamless pay-to-play nation going the way of ancient Rome at an astonishing clip.) There was also nary a peep from anyone about the massive manpower and computer system required to generate fake trade confirmations, fake reporting of stock dividends, fake monthly statements, fake 1099s to thousands of clients. I wish Jeff Quam-Wickham, a CounterPunch reader, had been in the hearing room to yell out the phrase he emailed me recently: “They're stealing our homes, land and securities...so where is Homeland Security?” The best line of the day came from Rep Gary Ackerman (D-NY) who summed up the investigative prowess of the SEC as follows: “They suck at it.” The scariest testimony of the day came from Stephen Harbeck, President and CEO of the Securities Investor Protection Corporation (SIPC), the congressionally chartered organization that backs accounts at bankrupt broker-dealers up to $500,000 for losses unrelated to market declines. Mr. Harbeck informed the congressional members that $830 to $850 million of assets had been located for Mr. Madoff’s firm. On top of that, SIPC has $1.6 billion in assets; a credit line of $1 billion from the U.S. Treasury and another $1 billion commercial credit line. Because Madoff’s firm was a broker dealer, SIPC’s reserves could be wiped out, forcing it to assess new fees on the Wall Street firms who fund it; the very firms who have lobbied against the regulatory measures that might have prevented the Madoff fraud; the very firms that have lobbied to allow kickbacks (referral fees and commissions) to be paid to accountants by broker dealers. This would be sweet justice were it not for the fact that taxpayer money is now propping up these firms. Another area that found no light in the hearing was the recent report by Jason Graziadei of the Inquirer and Mirror newspaper out of Nantucket that Frank Avellino appears to have not actually stopped soliciting funds illegally. Mr. Avellino and his accounting partner, Michael Bienes, were charged by the SEC back in 1992 with selling unregistered securities that promised returns of 13.5 to 20 percent to the tune of $440 million. They then turned the money over to Mr. Madoff to manage. (Mr. Madoff’s name would have never surfaced in this matter had it not been for a story in the Wall Street Journal in 1992.) Under the SEC settlement, Madoff was not charged or even named, the money was reportedly returned to clients, Avellino and Bienes were fined $50,000 each and their firm $250,000. Both Avellino and Bienes, who run a firm called Mayfair Bookkeeping, are today ultra wealthy philanthropists enjoying the multiple mansions and lifestyle that are eerily similar to that of Bernard Madoff. Nantucket attorney Michael Wilson has filed a lawsuit against Frank Avellino claiming that Nevena Ivanova, Mr. Avellino’s house cleaner and a Bulgarian immigrant, handed over $124,000 to Avellino to invest. The affidavit says Avellino invested her money in what she later discovered to be a fictitious entity called Kenn Jordan Associates. On December 1, 2008, just 10 days before Mr. Madoff was arrested, Avellino told Ivanova that all her money had been lost. Mr. Wilson has successfully attached Mr. Avellino’s $10 million dollar Nantucket mansion, which he has just put on the market according to the report in the Inquirer and Mirror. In one of his many cozy confabs posing as a model of self-regulation, Mr. Madoff testified as follows before the SEC on March 1, 2001: “…it’s been said here before, sunshine, daylight, is the best disinfectant.” Thanks to Mr. Madoff and the co-opted self-regulators, there is only darkness now and Congress has left but a brief window of opportunity to shore up investor confidence before all of Wall Street dissolves into Madoffville. Pam Martens worked on Wall Street for 21 years; she has no security position, long or short, in any company mentioned in this article. She writes on public interest issues from New Hampshire. She can be reached at pamk741@aol.com
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