03 January 2012
Occupy All Streets
On a recent trip to a midsize city, I had the fortune to come across an "Occupy" encampment on the capital city's plaza. I took some time to mingle with the protesters and talk with them about their motives and hopes for their movement. I came away with the feeling that many of them were unclear about the goals they hoped to accomplish. They seemed to see the symptoms of the fiscal unrest that grips our world (foreclosures, unemployment, student debt) but were unable to come up with answers other than redistribution of wealth. It left me looking for something more.

At a meeting of advisors from around the world, I suggested the "Occupy" message needed to be better articulated. The following is what we came up with:

1.    Congress should pass HR 1489 ("Return to Prudent Banking Act"). This bill would reinstate many of the provisions of the Glass-Steagall Act of 1933. For those of you who don't know it, the repeal of provisions of the Glass-Steagall Act of 1933 by the Gramm-Leach-Bliley Act in 1999 effectively removed the separation that previously existed between investment banking (Wall Street banks that issued securities, engaged in mergers and acquisitions, etc.) and commercial banks which accepted deposits (checking, savings, CD's, home mortgages, auto loans). The deregulation also removed conflict of interest prohibitions on investment bankers serving as officers of commercial banks. The effect of this was to open the coffers of FDIC-insured deposits to the high leverage world of the largest Wall Street banks. It allowed them to engage in their risk-taking ventures at the expense of the US taxpayers who had to bail them out when their bets went sour. Do the math. We had the Glass-Steagall Act in place for 66 years with very few banking problems. In less than 10 years without it, the system came to its knees with record numbers of FDIC institutions being taken over or recapitalized with TARP money (thank you, taxpayer). This is a no-brainer.

2.    Use whatever federal authority is appropriate-Congress, Justice Department, FBI, or bring back Elliot Spitzer-to prosecute any and all Wall Street insiders who clearly broke the law and propagated the worst financial disaster since the Great Depression. If politicians really want to restore faith in America, start with restoring our faith in justice and give a sense of catharsis for millions. Some of these guys make Bernard Madoff look like a Cub Scout. If you have any doubts, check out the award-winning documentary film "Inside Job." Without this, how can any of us trust the financial systems we have come to depend on?

3.    Congress needs to reverse the Supreme Court decision which allows corporations to spend as much as they want on elections. This legislation might also allow political candidates equal air time in campaign season on television and radio, thus leveling the playing field for those wishing to hold higher office. Without this kind of legislation, corporations will continue to buy any and all elections at their convenience.

4.    Congress needs to reverse the Supreme Court decision giving legal status as "persons" to corporations. Why is this important? Corporate lawyers have used or abused the 14th Amendment in order to give corporations power they were never intended to have. The amendment made it unlawful to "deprive any person of life, liberty or property without due process of law." While this was originally intended to protect the interests of freed slaves after the Civil War, it has been used increasingly to preserve the rights of corporations at the expense of our citizenry. If you have doubts about this, please consult the documentary "The Corporation" on the website www.thecorporation.com. I maintain the strong conviction that corporations are not persons and should not be treated as such.

5.    Congress should revise the tax code by passing the so-called "Buffet rule." The effect of this would be to increase taxes on corporations and close tax loopholes. It would also increase tax revenues by prohibiting corporations from hiding revenues in foreign banks or as it is called, "offshore." Corporations are in a unique position to engage in business transactions around the world and as such, are able to keep finances on the books of their foreign subsidiaries. Using these entities has allowed them to avoid billions of dollars of taxation that would flow into the US tax system. Enough of this nonsense-it's time they paid their fair share of taxation in a country that enables their profits.

6.    Assuming we prosecute Wall Street criminals, it is time to revamp and fully fund the oversight function of the Securities and Exchange Commission. If we are going to restore faith in democracy and capitalism, it needs to be a system we can all believe in. Given the abuse of trust that large corporations and their CEOs have engaged in in the past 10 years, there can be no doubt that we cannot move forward as a democracy without extensive and rigorous oversight of our financial system and its entities. I consider this another no-brainer.

7.    If Congress is going to be effective, it would seem obvious that the power lobbyists have exercised must be curtailed. The stories of lobbyists writing legislation favorable to their constituents must be a thing of the past. It is simply unacceptable in any democracy that they be allowed to continue. No-brainer? You bet! I can't imagine voting in the next election with any conviction without this change.

8.    Congress also needs to pass what has come to be known as "Revolving Door Legislation." This would prohibit former government regulators from going to work for the very entities (corporations) that they once regulated. That means if you worked at the Food and Drug Administration for the last 10 years, you don't get to go to work in the pharmaceutical industry, making quadruple the salary, until a suitable waiting period has elapsed.

There were other suggestions our group put forth. Some involved environmental components and others involved the reinvestigation of the attacks of 9/11. My suggestion would be that if we could start with the list above, much of what would follow could solve many past transgressions.

What is at stake here?

Much of the criticism of the Occupy Movement has surrounded the call for the redistribution of wealth from the 1% who supposedly has it to the 99% who supposedly don't. I am not in favor of redistribution, but I would suggest that the 99% would be content with a system that is deemed to be fair. One need not look beyond the corporate malfeasance of the early 2000s (Enron, Global Crossing, WorldCom), the mutual fund trading irregularities of the mid-2000s (Putnam Funds, Janus Funds-thank you Eliot Spitzer), and the demise of Lehman Brothers, Bear Stearns and Bernard Madoff to realize that as long as the American dream is all about chasing big money at any cost, with no regard for ethics, it may be time to start looking for another dream in another part of the world. This democracy is doomed. Can we blame them for taking to the streets? When is enough ...well, enough?

I have never been a big fan of politicians nor of the political system. I confess I have little faith that any of the current crop of political "wannabes" will get any of this enacted. It does give me hope to watch the "Occupy " movement and the courage it takes to withstand the criticism, ridicule, police harassment, and brutally cold weather to stand for what you believe in. Whether we agree with them or not, inarticulate as they may be, their conviction is enough to make any true patriot smile. It reminds me of the kind of people who harassed Redcoats and dumped tea into Boston Harbor. I think somewhere Sam Adams is smiling.


Posted by chris dowley at 2:57 PM | Link

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