One reason why I don’t think we should particularly accept a six-month timeline on significant action from the RMBS working group is that there’s so much already in the public record. I recognize that criminal or civil enforcement actions take voluminous legal work and due diligence, but quite a bit of it has already been done. The FCIC referred criminal fraud violations a year ago. Gretchen Morgenson notes all the evidence from private litigation that can be leveraged and used. And Pro Publica, in conjunction with NPR, offers this up today, which is somewhat tangential to what Eric Schneiderman wants to delve into because it’s post-crash conduct, but which still shows the element we’re dealing with and how many revelations are already out there:
Freddie Mac has invested billions of dollars betting that U.S. homeowners won’t be able to refinance their mortgages at today’s lower rates, according to an investigation by NPR and ProPublica, an independent, nonprofit newsroom [...]
In December, Freddie’s chief executive, Charles Haldeman, assured Congress his company is “helping financially strapped families reduce their mortgage costs through refinancing their mortgages.”
But public documents show that in 2010 and 2011, Freddie Mac set out to make gains for its own investment portfolio by using complex mortgage securities that brought in more money for Freddie Mac when homeowners in higher interest-rate loans were unable to qualify for a refinancing.
Those trades “put them squarely against the homeowner,” PIMCO’s Simon says.
Bascially, Freddie trapped its own borrowers, denying them refinances. And they stood to benefit from that, because the higher interest rates meant bigger streams of income from their MBS.
This may seem like a sidelight to the securitization bubble, but indeed, we’ve seen many instances of investment banks taking one side of a mortgage-backed securities bet, and selling investors the other side, without disclosure. That’s securities fraud. It’s been litigated. The SEC has been giving out settlements like candy for this kind of conduct. But it’s a central part of the unscrupulous behavior on Wall Street. You can see this today in the fact that the SEC is only now getting around to investigating CDOs from Deutsche Bank when Robert Khuzami, the current head of enforcement at the SEC and a co-chair of the RMBS working group, was working there as general counsel.
That brings up a whole other element about trusting the guys who swept this conduct under the rug to properly investigate it. But the larger point is that there’s a lot already on the table. In a sense, you may not need massive resources for this, because they can just pick up where others left off.
My reporting shows that Schneiderman actually has a few announcements on enforcement coming in the next few weeks. We don’t have to wait months. We can judge the seriousness of this thing pretty quickly.




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Your reporting on this story is fantastic David. Keep up the good work. Amazing that it takes off-the-radar blogs like this to keep a securities fraud story of this magnitude in the public eye.
Shame on the major news organizations. And shame on the Justice Department and the Obama administration.
LOL! really? caught again? you mean it? i got some more bad news for you. here are the rules….
1. operations like wallstreet bankster thieves steal for a living
2. the only time an operation/s like this are caught is when someone looks
3. the cops on the beat are now owned by these organized crime units
4. from time to time, the public will be “fed” (pun intended) a bust
5. if you really really understood how very very bad this really really is, you would hang yourself to end the pain of just how much you have lost, are losing, and will continue to lose
6. by their measure, you work for them and your life is worthless.
I heard the NPR story. They were shocked, shocked! that there is gambling going on here. Allow lenders to bet against their own customers. Gee! What could possibly go wrong?
I wish lenders would just lend in good faith, and people who took lones would pay back in good faith.
Schneiderman, if he had an honest bone in his body, has become pwned by Obankster.
If I were a betting man, I bet the statutes will run out. Hands will be tied, etc.
Bueller?…Bueller?
Mozilla…?
Christ, they’ve kept five wars, all the death and destruction and trillions in MIC spending concealed from public scrutiny.
Public Scrutiny?
Thanks to the MSM Propaganda Machine – NBC, CBS, ABC, FOX, CNN, et al
Half of us – useful idiots – are cheering for these nightmares. USA! USA! USA!
Just imagine the book you can pull together from all this, David. You’ve covered it–thoroughly and critically– from all angles for many months. Once this thing is over, regardless of the outcome, you have the all the makings needed to put together the classic on this fascinating and predatory, deep-seated and wide-ranging episode in our national history.
Thank you for your excellent reporting on this horrid situation, DDay. A job well done!
I agree with you mostly, but it’s a completely & suckingly huge false equivalency to lump in “regular citizens” who are not paying back their loans (for a wide range of reasons) & the giant criminal theiving perpetrated on the 99% by the 1% global bankers. Let’s be clear on that score.
I think the word fraud is missing from the headline.
Here’s a little bit more:
U.S. Defense Department can’t account for billions for Iraq, audit finds
“The U.S. Defense Department cannot account for about $2 billion it was given to cover Iraq-related expenses and is not providing Iraq with a complete list of U.S.-funded reconstruction projects, according to two new government audits.”
LINK.
Or as Everett Dirksen commented (loosely quoted), “A billion here and a billion there–pretty soon you’re talking real money.”
No, only 11% of the top 1% work in the financial industry.
http://www.nytimes.com/packages/html/newsgraphics/2012/0115-one-percent-occupations/index.html?ref=business
Stereotyping is the beginning of bigotry and prejudice. Stop it.
That said, when the hell are you people going to start leaning on Obama and the Democrats to stop this kind of sleaze. Coming from Goldman this kind of double-dealing isn’t surprising, but to have Freddie betting against it’s constituency is heinous.
The rest of the one percent are perpetrating some other brand of quasi-legal rip-off. It is difficult to figure out why regular folks feel the need to defend them – Koch Brothers and WalMart, for example. They are quite capable of defending themselves. They buy their own “lawmakers”. They buy their own propagandists. How’d they get you?
They “got” me because I’m a retired business owner. Obama and company are distracting the 99% by blaming the 1%. It’s wrong on a number of levels. Sadly since so few people actually understand business, it works anyway.
So tell me, why do you think Koch industries is ripping you off? Are they forcing you to do something against your will or forcing you to buy something you don’t want?
I’m an active business owner – still engaged in the same small business – which I started with $600 of borrowed money in 1981. This biz has supported me and my family – for 30 years. Never rec’d food stamps or gubmint handouts. My car is paid for, house is paid off – paid for by my own sweat. Do I understand business? Perhaps.
Still don’t feel the need to defend the one percent. IN fact, I blame them and the two Party System of – bought and paid for – government on their behalf for the condition this country is in.
Well, back to the drawing board. I just had a great idea, what do you think everybody? Just lately a lot of gays and lesbians came “out of the closet” and things haven’t gotten a whole lot better, money’s too tight to mention and there’s nothing much going on ‘cept the rent. So, instead let’s turn the tide, or go against the tide, however you like the tide to be addressed. Get on your knees, in YOUR PRAYER CLOSET and start praying to the LORD. Tell him that we need help and we are really sorry that we made such a mess of things by just hoping for the best and not checking up on what the banks and politicians were doing, and just cashing in on their bubbles when it suited us which has now caused untold misery for million of people world wide. Ask him to forgive us and help us to live up to our job description which is to behave like we’re created in the image of God, which is how we got here in the first place. Now is the time.
The enemy is just about to blow us all up by launching thermonuclear World War Three, you can check it out, it’s advertized on the Jeff Rense blog even, they are planning to start it in May………….I kid you not, it’s on the internet and we better take heed. You like being the human species, then get a move on otherwise we’ll be the extinct human species.
Remember the dinosaurs, they just went on and on and eventually they weren’t able to deal with the increasing demands for energy placed upon them by the Universe, well, that’s what’s happening to us now, except we’re able to come with ideas that will help us to survive. Like getting on your knees and asking God for help.