From TPM Muckraker, posted before our national celebration of Freedom:
A Luxembourg-based subsidiary of Koch Industries has admitted to making illegal campaign contributions to political candidates and committees.
INVISTA is a limited liability company involved in the textile manufacturing business that is organized in Luxembourg but headquartered in Kansas. They admitted in a filing with the Federal Election Commission that was disclosed this week that they made 12 contributions totally $26,800 to various political committees between Nov. 2005 and Oct. 2009.
INVESTA voluntarily disclosed the violations to the FEC in Aug. 2010 after an investigation by Koch Companies Public Sector (KCPA), which represents Koch Industries and their affiliates, and outside counsel. Their investigation revealed that the employees involved with making the donation decisions did not know INVESTA was a foreign entity and did not know that foreign corporations could not contribute to state elections like corporations could.
For me, the news (and puzzle) is not that they did it, but that they self-reported it. Note that the action is: (a) pre-
Citizens United; (b) inadvertent (because the employees of the foreign company "did not know" they were working for a foreign company); and (c) some Koch internal watchdog entity fessed up.
The fine is "$4,700 for violating the law" under an "conciliation agreement" plus an agreement get the money returned. The effect is to appear to confirm the foreign donations ban, but I'm wondering why KCPA came forward.
But something's going on that's not being reported. Why did they fess up? Businesses don't usually fess up about anything. They always make the feds prove it, even for minor stuff like perfectly clean sawdust in milk.
Yet on this story, there's nothing but silence on that aspect. For instance, here's the same tale from HuffPost (my emphasis):
INVISTA's contributions were disclosed to the FEC after lawyers for Koch Industries discovered the illegal contributions and relayed the information to the FEC for review.
All very voluntary, and no digging for causes.
If I'm managing this strategically from atop the Olympian clouds at Koch Brothers Central, I'd work the response more cleverly into my geo-political grand schemata. After all, I want all election contribution restrictions overturned, don't I. So is this minor event a bit of hyper-clever mis-direction by the Koch Olympians, or a mistake by a corporate underling working in a sub-office of a subsidiary (in this case, the Koch internal watchdog group)?
Could be either, but I suspect that this was handled too quickly and at too low a level for Olympian eyeballs, by relatively honest people who were hired to do non-geo-political wrangling — i.e., keeping the numerous acquired toilet-paper and textile companies in that giant Kochish octopus on the right side of basic and mundane law.
Pushing the
Citizens United envelope is not mundane, however. So if I'm right, you may not see that kind of compliant response again. But in any case, expect a challenge to the foreign corp limitation from
somewhere. After all, the Chinese would love a piece of the purchase-a-politico game, assuming they don't already have their own set of retainers under contract. It's going to happen.
But for now, kudos to Koch lower-downs for (inadvertently?) doing the right thing. Hope you have a backup plan in case the bosses aren't pleased.
GP
1: Capitalism’s now a lethal soul sickness, needs a reawakening
What’s the real problem? Not the economy, not markets, nor even politics. Yes, our economic pains are real. But they’re just symptoms. Something’s structural wrong. Since 2000 endless bad news: Greed, deceit, stupidity, corruption, unethical behavior, lack of moral conscience.
The real problem’s deep in our character, the “mutant capitalism” Jack Bogle warned of in “The Battle for the Soul of Capitalism.” Sadly, that battle was lost. With it we lost our soul, our moral compass. America’s character is measured by our net worth.
2. We’re already in the early stages of a Great Depression
Comparing today with the Great Depression is common sport. In a Newsweek special “Seeing Shades of the 1930s,” Dan Gross wrote: “Wall Street, after two terms of a business-friendly Republican president, self-immolated on a pyre of greed, incompetence and excessive optimism.” Today’s “new normal” economy means high unemployment for years, inflation driving prices, rising interest rates, more debt, chaos.
We are destroying ourselves from within. Former U.S. Comptroller General David Walker warns that “there are striking similarities between America’s current situation and that of another great power from the past: Rome.” Three reasons “worth remembering: declining moral values and political civility at home, an overconfident and overextended military in foreign lands, and fiscal irresponsibility by the central government.” We are becoming more vulnerable to external enemies.
3. Good Depression exposes our self-destruct bubble-thinking
Before the 2008 crash, “Irrational Exuberance” author Robert Shiller warned in the Atlantic magazine that “bubbles are primarily social phenomena. Until we understand and address the psychology that fuels them, they’re going to keep forming.” Housing inflated 85% in the decade: “Historically unprecedented … no rational basis for it.”
Bubble thinking is an toxic virus that infected everyone. Shiller warns of another coming: “We recently lived through two epidemics of excessive financial optimism … we are close to a third episode.”
4. Good Depression will stir outrage, force real reforms
Writing in the Wall Street Journal, Jim Grant, editor of the Interest Rate Observer, wrote: “Why No Outrage? Through history, outrageous financial behavior has been met with outrage. But today Wall Street’s damaging recklessness has been met with near-silence, from a too tolerant populace.” Grant worries that Wall Street will run “itself and the rest of the American financial system right over a cliff.”
But we only went to the edge in 2008. Today, a rebellious “throw the bums out” hostility is blowing a new kind of bubble: Three years ago we did not have Tea Party, union fights, the Arab Spring and Greek austerity riots, all signs of an dark angry future sweeping across America.
5. Good Depression forces Wall Street to think outside the box
In a powerful Bloomberg Markets feature, “No Easy Fix,” we’re told Wall Street’s “profit formula has hit a wall.” Their “money-making machine is broken and efforts to repair it after the biggest losses in history are likely to undermine profits.”
Even Mad Money’s Jim Cramer openly admits hedge fund managers are pocketing megaprofits at capital gains rates while laughing at the stupidity of a broken political system that gives hundreds of billions in tax breaks to the richest, then takes taxes off the table as our middle class is dying under massive unsustainable deficits. Soon angry mobs will “fix” Wall Street.
6. Good Depression will deflate America’s warring soul
The American economy is a “war economy” driven by a egomaniac. I saw it firsthand as a U.S. Marine. Americans love being king of the hill, world’s cop, the global superpower. Why else spend 54% of our tax dollars on a war machine, 47% of the world’s total military budgets.
Why? Our war machine generates such “spectacular profits that many people around the world” are convinced America’s “rich and powerful must be deliberately causing catastrophes so that they can exploit them,” warns Klein in “Shock Doctrine.” No wonder the GOP takes military spending, like tax cuts for the rich, off-the-table: The war industry is a major political donor.
7. Good Depression now … avoids a far bigger depression later
In “The Price of Liberty: Paying for America’s Wars,” Robert Hormats, undersecretary of state and a former Goldman Sachs vice chairman, traces America’s wartime financing from the Revolutionary War to present wars. He warns that today we’re “relying on faith over experience, hoping that sustained growth will erase deficits and that the ballooning costs of Social Security, Medicare and Medicaid will be manageable in the coming decades without difficult reforms.”
Absent a brutal reset, we are on a historically predictable course says Kevin Phillips, Nixon strategist and author of “Wealth & Democracy:” “Most great nations, at the peak of their economic power, become arrogant and wage great world wars at great cost, wasting vast resources, taking on huge debt, and ultimately burning themselves out.” Yes, burned out, unprepared.
So pray for a Good Depression earlier rather than later. Choose now and we can be prepared for whatever comes. Or a Great Depression will hit later, when we’re least prepared, the problems bigger, our faith weaker … don’t raise the debt ceiling.
And the take home message:
reputation management process
3, 2011) - Representatives of the U.S. Department of Justice and the U.S. Environmental Protection Agency will hold a news conference at 1:30 p.m. tomorrow, Thursday, Aug. 4, in St. Louis, Mo., to discuss a significant ...
08/03/2011: U.S. Department of Justice, EPA to Hold <b>News</b> <b>...</b>Flowery advertising, tempting toilets for shrews, bat beacons and more in this week's news.
<b>News</b> In Brief: Life - Science <b>News</b>Great news: Service industry now slowing down, too.
Great <b>news</b>: Service industry now slowing down, too « Hot Air
joeyfishface Says:
July 11th, 2011 at 10:02 pm
“Its a sad situation, and it appears that whatever hopes we may have had that the Attorneys General were not like the whores in Congress appear to be starting to fade. (At least NY and California AGs are showing some spine).”
Perhaps the AGs, Feds, Regulators, etc. knew damn well what they would find and can’t risk the fallout of possibly collapsing the market? Given that the Fed has little firepower left, maybe they figure it’s a necessary (albeit ugly) evil?
Or not.
uzer Says:
July 11th, 2011 at 10:10 pm
joeyff, do your powers of rationalization help you sleep?
champs2011 Says:
July 11th, 2011 at 10:54 pm
US 200 year chart history
http://gmbpost.com/investment-news/chart-sheer-marvel-200-year-history-of-us-growth/
Mike in Nola Says:
July 11th, 2011 at 11:09 pm
Why do you phrase the question as if we are not already a banktocracy?
Mark E Hoffer Says:
July 11th, 2011 at 11:24 pm
“Why do you phrase the question as if we are not already a banktocracy?”
Mike in H-town,
Good Q: !
Andy T Says:
July 11th, 2011 at 11:36 pm
“At least NY and California AGs are showing some spine.”
Not really. NY and CA just need the cash more … you just need to put out a little bit of work to strong arm the banks into paying you some money.
Bob is still unemployed Says:
July 11th, 2011 at 11:48 pm
From the quoted article:
Despite failing to marshal a strong case proving misconduct during the foreclosure crisis, the government is seeking to craft a settlement quickly, in the hopes that this will inject greater certainty into the financial system, stabilize home prices and add vigor to a flagging economy.
In my most humble opinion, if you want to inject greater certainty into the financial system, then you appropriately punish those who are responsible for crashing said financial system.
If you let those who have crashed the system off lightly (as this settlement appears to do), then you are sending the signal that the financial system will never be robust and reliable because crooks can easy scam the system and get way with little more than a wrist slap.
Those who swear to protect the financial system need to send the message, “do not mess with the financial system.
This proposed settlement sends the opposite message.
dsawy Says:
July 12th, 2011 at 12:13 am
Why would you think that the AG’s weren’t political whores like those in Congress?
Where do you think AG’s go when they get tired of being AG’s?
Links 7/12/11 « naked capitalism Says:
July 12th, 2011 at 5:32 am
[...] Will the AGs Turn the US into a Banktocracy? Barry Ritholtz (hat tip reader John M) [...]
wisedup Says:
July 12th, 2011 at 5:54 am
hey, wiseup you guys.
You think that anyone with any amount of capital is going to piss off the people who can make or break his future?
The AG’s are somewhat smarter than those who invested in Uncle Bernie, but not by much. They need the reassurance that what money they have can be magically enlarged – without risk if they are good little boys.
barbacoa666 Says:
July 12th, 2011 at 6:52 am
Our current ZIRP is a subsidy to banks. Unless I am mistaken, the SS and Medicare Trust Funds will earn lower rates of return due to ZIRP. So, in order for these trust funds to remain solvent, current and future American retirees must either pay higher taxes, see reductions in their SS checks, or retire later. So, in essence, the working people of America are being charged a back-door tax that is being used to float our zombie banks.
rktbrkr Says:
July 12th, 2011 at 7:10 am
(unemployed Bob)… This proposed settlement sends the opposite message.
Ditto Paulson’s pulpitizing about about “moral hazard” and then the Treasury and Fed proceed to punish predent savers to rescue and reward reckless risk takers.
I’m sure the states AGs are being pressured to be “team players”. CA and NY will be able to squeeze a lot out of them, CA was ground zero for bad behavior. I’m surprised FL,AZ,NV aren’t playing hardball too – grassroots politics overruling big banks lobbyists.
Anthony Says:
July 12th, 2011 at 7:18 am
more importantly, Europe is in meltdown mode.
Italian bonds moved 42bps in a day. That is an enormous move. That also means an enormous drop in the price of Italian bonds (in the range of 3%). Banks holding Italian bonds just saw the value of their assets go down a lot. Who thinks European banks are in such good shape that they can withstand declines in asset values? From an accounting perspective if the assets are categorized as ‘held to maturity’ a bank wouldn’t have to recognize the decline in value but that doesn’t change the reality that the value of their assets dropped.
This quickly become a self-fulfilling prophecy. Market participants know this so they stop transacting with each other. There’s an article in the WSJ about that very point (European banks are pulling back their exposure to each other).
This could get ugly fast.
HEHEHE Says:
July 12th, 2011 at 7:32 am
Government sanctioned fraud is all it was so now lets sweep it all under the carpet.
I have a tiny amount of sympathy for BAC and JPM simply because we don’t know the entire story re their taking over Countrywide and IndyMac – the institutions were the fraud was widespread. Were they really arm lengths deals that were willingly entered into or were the acquisitions forced down their throats ala Merrill and BAC by the Fed and Treasury? Btw what ever happened to Ken Lewis? He’s kind of disappeared ever since he accused Bernanke and Paulson of threatening him.
DC Says:
July 12th, 2011 at 8:03 am
[But Harris announced last week that the special unit will likely lose its investigative abilities, a consequence of a debilitating $71 million budget cut. Her office will lose the ability to follow up on open investigations ranging from foreclosure scams to "multi-million dollar corporate fraud," she said in a statement.
"It's all about their budgets," Senator Tom Coburn (R-Okla.) said last week about the state attorneys general and their settlement talks with the banks while rubbing his thumb against his fingers.
...
"We need a full-fledged investigation," said Alabama Republican Sen. Richard Shelby, the ranking member on the committee. "There's no substitute for a thorough investigation and finding of fact."]
—
Classic Republicanism from Coburn and Shelby. Just as with the SEC, FCC, FEC, etc., the goal is to starve the enforcers at the federal level and push that responsibility to the states. States of course are out of money and don’t stand a chance of making up the difference.
But these stalwarts of stupidity demand action! Investigation! What a reeking load of bullshit from self-righteous, corporation-owned senators-for-life who long since forgot what it’s like to be an “average American.”
Small Business Depression, Lack of Faith in Federal Government | Raw Finance Says:
July 12th, 2011 at 9:14 am
[...] what some sharp observers, like Barry Ritholtz, are terming a “Banktocracy” (see “Will The AGs Turn The US Into A Banktocracy?” at The Big Picture [...]
lambert Says:
July 12th, 2011 at 9:50 am
Can we avoid the “politicians are whores” trope? It’s insulting to whores. Thank you!
Julia Chestnut Says:
July 12th, 2011 at 10:06 am
Government of the corps, by the corps, for the corps. Now playing at a kabuki theater near you.
DeDude Says:
July 12th, 2011 at 10:08 am
@DC;
You are absolutely right. It is all about not having the resources to do the fight, because the GOPsters behind the door have slashed the budget. It is such an easy scam to get passed the idiots of this idiocracy. Why doesn’t/didn’t the gobinment do X !!! ??? – because you idiots voted for corporate sock puppets who cut the budget such that the gobinment does not have the resources to do X. When things go wrong the GOPsters can always come back and claim we don’t need to change anything because it was all the fault of gobinment (not enforcing current laws). Look at the joke of outrage about illegal immigrants. They had a law banning companies from hiring illegals, and then they had 100 people total in the only agency charged with enforcing that law – how could that go wrong.
Lugnut Says:
July 12th, 2011 at 10:53 am
let me translate the AG position: “We can’t be arsed to actually conduct a proper investigation on something so massive, so how about you guys just give us a whole bunch of money, since we need it; no one goes to jail, and we call it even? Sound like a plan?” Ptui.
I would just loooove to see any one of these so called news networks chasing down some of these AGs down the steps of their office buildings, stick a mic and a camera in there face ala Madoff, and ask why they’re offering payoffs in exchange for criminal prosecutions. Everyone points the fingers at the banks, but if the government offers no checks and balances for criminal behavior, or worse yet, leans towards what amounts to federal bribery for malfeance, whos really the worse actor in this play? The banks? I say the regulators and justice officials, as well as the Congressman who sell out for kleptocratic legislation bear equal top billing.
AHodge Says:
July 12th, 2011 at 10:54 am
a useful deal is possible
which would include punishment for foreclosure fee adding and lying
writing off second mortgages and
serious cramdowns and capital writedowns for banks and big pressure to short sale
but allowing cases where the house is vacant to go forward on inadequate docs
if the AGs want to do penalties and fines that are applied to writedowns and loan forgiveness?
i cant object, though its something the banks should do anyway
however if the AGs get little but a pot of tens of billions of penalties to farm out how they like?
they will be whores that a russian oligarch or chinese party official would have nothin to top
Bracton Says:
July 16th, 2011 at 5:32 pm
@AHodge:
money recovered by a state AG in a situation such as this goes to the state treasury, usually the general fund or a dedicated consumer protection fund. no state legislator or governor would let the state AG hand out the money himself.
@DeDude, @DC:
you hit the nail on the head in terms of resources available to a state AG. any enforcement action or civil litigation started against the banks, etc. would be hugely complicated, time-consuming, and expensive for a state AG’s office. california and new york can take the lead in a case like this because the respective AG offices are large, and there are attorneys in those offices with experience in financial regulation.
Senka Says:
July 26th, 2011 at 11:17 pm
Prosecuting Wall Street investment banks and their “geniuses” is not only a matter of democracy, but more importantly, it is about survival of America that we all love…and the only path for our kids’ future.
How did we become just one big hypnotized mass, even after the truth has been revealed? We’re walking around as if we’re mesmerized, not standing up, not demanding justice, still paying our mortgages to lenders who don’t even legally own them…
MA citizens stood up together on July 18th, demanding answers and justice- http://tinyurl.com/3qsu87x