Is Change Coming to the Big Bailout?

In his confirmation hearing for the post of Treasury Secretary this week, Timothy Geithner spent a lot of time apologizing for his personal income tax peccadilloes. Perhaps he should have also expressed some contrition for his role, as head of the Federal Reserve Bank of New York, in the failure of financial oversight that helped plunge the country into its current economic crisis. Geithner also played a part, albeit one subordinate to former Treasury Secretary Henry Paulson, in the disastrous bailout program that was supposed to clean up the mess created by Wall Street.

In his opening statement to the Senate committee, Geithner declared that the Obama Administration intends to “fundamentally reform” the bailout scheme, still known as the Troubled Assets Relief Program (or TARP) even though the original plan for the federal government to buy up those assets was abandoned in favor of capital infusions. Since it now appears Geithner will be confirmed by the Senate next week, he will have to make good on that commitment to reform. And not a moment too soon. A string of recent revelations shows that the system is more flawed than we realized.

There’s growing evidence that Treasury may not have been as diligent and impartial as it claimed when deciding which banks would get TARP money and which would be denied. Earlier this month, Fortune wrote about the case of OneUnited, a small Boston bank that received $12 million in TARP funds even though its regulator, the Federal Deposit Insurance Corporation, had alleged it was operating without effective underwriting standards and practices. The bank was also making suspicious payments for a beachfront house and a Porsche SUV apparently used by its top executives. This week the Wall Street Journal reports that OneUnited’s TARP infusion came after Rep. Barney Frank (D-Mass.), chair of the House Financial Services Committee, made a plea on behalf of the bank.

While some financial institutions may have used political connections to get on the TARP gravy train, others tried to game the system. For example, Financial Week recently reported that a number of large insurance companies have acquired tiny banks and converted themselves into bank holding companies, potentially making them eligible for big capital infusions from the Treasury Department.

One bright spot is the position being taken by the TARP special inspector general, Neil Barofsky (photo), whose confirmation moved slowly through Congress but who is now cranking up his operation. Barofsky has just indicated that he intends to ask every TARP recipient how the funds are being used.

What a novel idea. After hundreds of billions of taxpayer dollars have been shoveled into the private, someone in the federal government is finally asking what’s being done with the money. It remains to be seen whether Geithner, once in office, makes a clean break with the Paulson debacle and follows Barofsky in demanding real accountability.

Transparent Intentions

In some of its first official acts, the Obama Administration has set the hearts of disclosure advocates atwitter at the prospect of a new era of open government. “For a long time now there’s been too much secrecy in this city,” said the new President. “Transparency and rule of law will be the touchstones of this presidency.”

After issuing a memorandum on openness and an executive order repealing restrictive Bush Administration policies on the release of government records, including those relating to former presidents, Obama said: “Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known.”

Transparency will be an issue in some of the administration’s largest initiatives, especially the $800 billion or so that will be spent for economy recovery. The signs there look promising as well. The 258-page text of the proposed American Recovery and Reinvestment Act of 2009 posted last week by the House Appropriations Committee includes some impressive provisions on disclosure. The bill calls for the creation of a special website called Recovery.gov “to foster greater accountability and transparency in the use of funds made available in this Act” (Section 1226).

Aside from general material on the stimulus program, the site is supposed to include detailed data on all contracts awarded and grants issued. However, the bill does state that “proprietary data that is required to be kept confidential under applicable Federal or State law or regulation shall be redacted before posting” (Section 201). Given the restrictive practices in some jurisdictions, this will require some watching.

Another provision of the legislation would create an Accountability and Transparency Board chaired by the President’s Chief Performance Officer (a new position created by Obama). The main aim of the board would be to “prevent waste, fraud and abuse,” but it would also be charged with overseeing practices regarding the reporting of contract and grant information. (Sections 1221-1225). Finally, the bill would require reporting on “the number of jobs created or sustained by the Federal funds…including information on job sectors and pay levels” (Section 12001).

If these provisions survive in the legislation that passes Congress, they will make the recovery act vastly more transparent than the bailout program carried out by former Treasury Secretary Henry Paulson in recent months. The need to bring some openness to the bailout was expressed by Timothy Geithner, Obama’s choice to succeed Paulson, during his confirmation hearing this week. Although most of the hearing was taken up with Geithner’s personal tax fiddles, the nominee declared that the Obama Administration intends to “fundamentally reform” the bailout program with “tough conditions to protect the taxpayer and the necessary transparency to allow the American people to see how and where their money is being spent and the results those investments are delivering.”

This is what watchdog groups have been demanding since the bailout first started. Last month, more than 75 organizations led by Open the Government.org and the National Taxpayers Union sent an open letter to Congress demanding bailout transparency. They are now planning to relaunch that effort.

So far, the Obama Administration is saying all the right things about transparency and accountability, but it has a monumental task before it to make truly open government a reality. We need to make sure it does not cut any corners.

Note: This piece has been crossposted on the Good Jobs First sister blog Clawback.

Eyes on the Ties

Watch out, Big Brother—LittleSis is here. LittleSis is a new website that seeks to collect, assemble and analyze relationships among members of the corporate and political elites. Kevin Connor, a veteran researcher-campaigner for labor unions and community groups who co-founded the site, calls it “an involuntary Facebook for powerful people…It opens up elite networks for inspection.”

Like most ambitious web projects these days, LittleSis is based on “crowd sourcing”—the idea that you can depend on a large number of volunteers contributing small bits of information to create an effective information resource. The site welcomes all contributors but insists that any data posted be linked to a reputable online source. In a post on the site’s “Eyes on the Ties” blog, co-founder Matthew Skomarovsky said that references to Wikipedia, for example, would not be acceptable. The aim is to use primary source material as much possible.

While still in preliminary Beta form, LittleSis boasts that it has entries on more than 27,000 individuals. Searches can also be done on institutions, companies and other entities. Connor pointed me to the material on the exclusive Augusta National Golf Club in Georgia (reached by putting the club’s name in the search box on the main page). The names of 211 members are listed. You can either click on a person’s name to see his (the club is all-male) other affiliations, or you can click on one of several tabs to see summary data such as which political candidates club members have contributed to and which universities they attended.

Funded by the Sunlight Foundation, LittleSis is programmed to highlight relationships, so that, for example, any data added to an individual’s entry mentioning an institution will automatically also post to the entry for the institution.

LittleSis is an exciting project that reinvigorates the tradition of power-elite research pursued in the pre-internet era by authors such as Gabriel Kolko and William Domhoff. It also builds on previous online efforts such as TheyRule. It could become an invaluable tool to help us understand the powers that be and pursue campaigns that make them less powerful.

Note: Connor tells me that the LittleSis team is willing to make presentations about the site to organizations (presumably those with lots of researchers will be high on his list) to explain how it works and to encourage people to contribute. Contact him here.

Citigroup (1998-2009) R.I.P.

Citigroup was born illegitimate and, having recently become a ward of the federal government, is now in the process of being dismembered. It’s amazing what a difference a decade makes. In April 1998 financial wheeler dealer Sandy Weill (photo) defied federal laws preventing marriages among banks, brokerage houses and insurance companies and pushed through a then-astounding $70 billion merger between his Travelers Group and commercial banking giant Citicorp. Weill won his bet that Glass-Steagall restrictions would fall, and he created what was then the world’s largest financial institution.

The deal was a desperate attempt to achieve the 1990s dream of the financial supermarket—institutions that would meet the public’s every monetary need, from checking accounts and business loans to mutual funds, homeowners insurance and credit cards. It was also a reach for supposed greatness by Weill and his Citicorp counterpart John Reed. As Business Week put it at the time: “In addition to chutzpah, Reed, 59, and Weill, 65, are propelled by their shared desire to go out in a blaze of glory.”

“Glory” is not exactly the way to describe the subsequent ten years of controversy, scandal and unwise investment and lending practices. Weill and Reed, each with the title of co-chief executives, bickered openly with each other. The company’s private banking operation was caught up in a money laundering investigation. Its credit card operations had to pay $45 million to settle lawsuits charging that consumers were improperly charged late fees. The bank was accused of enabling some of Enron’s accounting fraud. It was also embroiled in the WorldCom accounting scandal and had to pay $2.65 billion to settle lawsuits brought by investors in the failed telecommunications company.

But one of the worst moves was the decision in 2000 to acquire Associates First Capital, a pioneer in the subprime lending market that would later help to weaken the entire banking system. The acquisition, like the creation of Citigroup itself, was part of the mindset of trying to cover all corners of the financial services industry and of pumping up business even when transactions were excessively risky. The company touted plans to clean up the disreputable subprime business, but even that was a sham. According to the Wall Street Journal (7/18/02), branch offices were notified ahead of time when undercover “mystery shoppers” were being sent in to investigate loan origination practices.

Chuck Prince, who was named CEO in 2003, tried to clean up Citigroup in part by selling off pieces of the supermarket such as the Travelers life insurance business. Ultimately, though, Prince himself was disposed of as well. Yet the leviathan’s problems continued. Now his successor, Vikram Pandit, is taking a similar approach of lopping off parts of the company in the vain hope this will do the trick.

The just-announced decision to spin off the Smith Barney brokerage business into a joint venture with Morgan Stanley will bring in a much needed cash infusion of $2.7 billion. Yet it appears Citi is still living in a state of denial. It put out a press release headlined “Morgan Stanley and Citi to Form Industry-Leading Wealth Management Business Through Joint Venture.” What it really should have said is: “we screwed up royally, and despite getting tens of billions of taxpayer dollars, we’ve got to sell off some of our assets that are still worth something.” We’ll see how long the bravado continues as the company is forced to cut off more of its many limbs.

Satyam’s Fraudulent “Maquiladora of the Mind”

It was only a few years ago that a group of offshore outsourcing companies based in India seemed poised to take over a large portion of the U.S. economy. Business propagandists insisted that work ranging from low-level data input to skilled professional work such as financial analysis could be done faster and much cheaper by workers hunched over computer terminals in cities such as Bangalore. The New York Times once described one of these offshoring companies as “a maquiladora of the mind.”

Among the most aggressive of the Indian firms was Satyam Computer Services Ltd., which signed up blue-chip clients such as Ford Motor, Merrill Lynch, Texas Instruments and Yahoo. In a 2004 report I wrote for the U.S. high-tech workers organization WashTech, I found that Satyam was also among the offshoring companies that were doing work for state government agencies. It was hired, for example, as a subcontractor by the U.S. company Healthaxis to develop a system for handling applications for medical insurance services provided by the Washington State Health Care Authority. As it turned out, Healthaxis’s contract was terminated, allegedly because of late delivery and poor quality in the work done by Satyam.

The Washington State fiasco may have been an early omen of things to come. Satyam has just admitted that for years it cooked its books and engaged in widespread financial wrongdoing. The revelation came in a letter sent to the company’s board of directors by Satyam founder and chairman B. Ramalinga Raju (photo), who simultaneously tendered his resignation.

Raju wrote that what started as “a marginal gap between actual operating profit and the one reflected in the books” eventually “attained unmanageable proportions” as the company grew. The fictitious cash balance grew to more than US$1 billion. “It was like riding a tiger,” Raju colorfully wrote, “not knowing how to get off without being eaten.”

While admitting that he engaged in very creative accounting, Raju insisted he did not personally benefit from the fraud, denying for instance that he had sold any of his shares in the company. I guess it is meant to be some consolation that among his sins Raju is not guilty of insider trading.

Apart from Raju, the party most on the hot seat is the company’s auditor, PriceWaterhouseCoopers, whose Indian unit gave Satyam’s financial reports a clean bill of health. The Satyam scandal is being called India’s Enron. It should probably also be called India’s Arthur Andersen as this seems to be another case in which an auditor was either oblivious to widespread accounting misconduct by one of its clients or complicit in it.

Some soul-searching is probably also in order for the many large U.S. corporations that have not hesitated to take jobs away from American workers and ship the work off to Indian companies such as Satyam. The revelation that much of the work has been going to a crooked company is all the more galling.

Once High-Flying Developers Now Looking for Federal Aid

Opponents of the auto industry bailout, who warned that it would prompt other business sectors to ask for similar consideration, are probably feeling vindicated. Only days after the Bush Administration did an end run around Senate Republicans and agreed to provide a Detroit rescue package using bank bailout funds, the Wall Street Journal is reporting that commercial real estate developers are seeking their own federal assistance package. They are warning that, without such aid, thousands of office complexes, shopping centers, hotels and the like could join the country’s foreclosure tsunami.

There’s one major difference between the auto industry and commercial real estate that justifies a bailout for one and not the other: the number and quality of jobs at stake. The Big Three provide hundreds of thousands of well-paying jobs (too well-paying according to certain Southern Senators) that have helped workers achieve a middle-class standard of living. Real estate developers, by contrast, are primarily responsible for substandard retail and janitorial positions. While the Service Employees International Union has helped improve wages and benefits for some building services workers, most of those jobs don’t take people far out of poverty. While it would be a shame for janitors and clerks to lose their jobs, preserving those positions does not have the same urgency as saving the estimated 1.2 million direct and indirect jobs linked to the Big Three.

Rather than bailing out their employers, it would make more sense to use federal funds to help retail and janitorial workers find better jobs elsewhere in the economy. In the speculative boom of recent years, the real estate business built far too many office buildings and shopping centers, and many of those properties will probably not survive the current shakeout. While there is a strong case that the country needs a domestic auto industry, it is much harder to argue that every commercial property needs to be kept in operation.

And if Congress does decide it is necessary to prevent a commercial real estate meltdown, it should keep in mind that these same developers now looking for aid have repeatedly pressured local governments for property tax abatements and other subsidies. A report I wrote last year (with two colleagues) on the big mall owner General Growth Properties, which is now struggling to survive, found that the company had received more than $200 million in such subsidies and another $9 million in savings as a result of aggressive filing of property tax assessment appeals. Previous (unpublished) research I did on the country’s largest mall operator, Simon Properties, found $380 million in subsidies and savings from assessment appeals. In both cases, the data come from an examination of only a portion of the malls owned by the company. Also remember that Wal-Mart used a gimmick called captive real estate investment trusts to avoid paying an estimated $2.3 billion in state taxes.

Perhaps Congress should require developers to use part of any bailout to repay the subsidies they received from local governments that are now facing dire fiscal conditions.

But even that would not provide a compelling case for a commercial real estate bailout. In a country that still hasn’t devised a comprehensive plan for stopping home foreclosures, we shouldn’t be worrying about saving the owners of superfluous office towers and big box stores.

Wanted: The Big Fish

In its waning days, the Bush Administration’s Environmental Protection Agency wants us to think that it is a serious crime-fighting organization. The agency’s enforcement division recently announced plans to “enlist the public in tracking down fugitives accused of violating environmental laws and evading arrest.” The innovation is a web page called EPA Fugitives, an online version of the wanted posters traditionally displayed in post offices.

There’s nothing wrong with such an initiative, but the two dozen culprits featured on the site are all decidedly small fish. Some are charged with serious offenses such as the dumping of hazardous wastes, while others are accused of less than monumental crimes such as illegally importing automobiles that don’t meet emissions standards or “aiding and abetting false entries into an Oil Record Book” of a ship.

Where is the agency’s zeal for highlighting the environmental crimes of large corporations? It’s been greatly diminished amid a general downplaying of enforcement activity. Last year the Environmental Integrity Project put out a report showing a sharp decline in enforcement efforts during the Bush Administration. “The bad news here is that it now costs less to pollute,” EIP Director Eric Schaeffer said at the time.

This is not to say that the EPA has let large corporations entirely off the hook. In fact, just this week the agency announced a settlement with Exxon Mobil under which the oil giant will pay $6.1 million in civil penalties for violating the terms of a 2005 consent decree concerning air pollution caused by the company’s refineries in Texas, California and Louisiana.

It apparently takes truly brazen actions such as those of Exxon to trigger real action by the EPA against a big company (though a $6 million fine is not much of a hardship for a company currently earning about $5 billion a month). If you look at the archive of the agency’s press releases on enforcement actions, the offending parties are most often small firms and individuals.

Perhaps the Obama Administration’s EPA should consider a new web page of its own: a rogue’s gallery of the large corporations that are doing the most to pollute the environment and exacerbate the climate crisis.

Siemens’s $1.3 Billion Slap on the Wrist

The German electronics and engineering giant Siemens, embroiled for the past two years in a massive international bribery scandal, has reached settlements with U.S. and German prosecutors. The company will pay $450 million to the U.S. Justice Department to resolve criminal charges under the Foreign Corrupt Practices Act (FCPA) and another $350 million to the Securities and Exchange Commission to settle related accounting violations. The total payments of $800 million are by far the most any company has paid in an FCPA case. Siemens also made a deal with German prosecutors involving a payment of about $540 million.

Siemens’ s total payout of $1.3 billion is huge in relation to the usual puny penalties imposed on even the most egregious corporate malefactors, but it is actually a bargain for the company. With annual revenues of more than $100 billion and profits of more than $5 billion, it can absorb the penalties without much difficulty.

Most significant is the fact that, by making deals with the prosecutors, Siemens avoided a guilty plea or verdict that would have disqualified it from continuing to do business with lucrative customers such as the United States government. According to the FedSpending website, Siemens has been awarded between $250 million and $350 million in federal contracts annually during the past few years, much of it from the Department of Homeland Security. According to its most recent 20-F filing with the SEC, Siemens derives about one-fifth of its total revenues from government and civilian customers in the United States.

While it is good for prosecutors to get companies to disgorge larger amounts of their ill-gotten gains, there is little evidence that monetary fines that are still in the realm of the affordable for large corporations can serve as an effective deterrent against future wrongdoing. Until the penalties threaten the continued existence of the company, they can be seen as nothing more than a cost of doing business aggressively.

In the case of Siemens, that wrongdoing was said to include the payment of more than $1 billion in bribes, taken from slush funds and sometimes transported in suitcases, to government officials in countries ranging from Argentina and Venezuela to Russia, China and Vietnam. It was also said to have paid kickbacks to the former government of Saddam Hussein in Iraq to secure business under the United Nations Oil for Food program.

How thoughtful it was for prosecutors to make sure a company such as this can continue to do work funded by taxpayer dollars. Whatever the feds take in penalties will soon be earned back in contracts. In a country where street criminals still face harsh sentences, large corporations continue to be treated with kid gloves.

Richard Shelby: United States Senator or Foreign Corporate Agent?

Alabama Senator Richard Shelby has emerged as the leader of Republican opposition to a federal rescue of the Big Three U.S. automakers. Shelby would have us believe that his position flows out of a deep belief in market forces. “The strength of the American system,” he said recently,” is it allows us to take risks—to create, to innovate, to grow, to succeed and sometimes to fail.”

While Shelby (seen in photo with Saddam Hussein) is credited by some for consistency in that he also opposed the big federal bailout of financial institutions, he’s been called a hypocrite because his home state lavished major economic development subsidies on Asian and European automakers—a total of more than $750 million to Mercedes, Honda, Toyota and Hyundai over the past 15 years. These transplants, all non-union, have given the Yellowhammer State one of the country’s largest auto sectors, albeit one that is foreign controlled.

Shelby insists that Alabama’s handouts to the foreign automakers are not relevant to the current debate, but what he and his critics are both ignoring is that the funds channeled to the likes of Mercedes and Honda have not been only state and local. The federal government has also provided assistance to the transplants, and Shelby, along with other members of the Alabama Congressional delegation, helped that happen.

A stroll through the archives of Alabama’s newspapers on Nexis makes this clear. In 1993, when Mercedes was lured to the state with a $250 million incentive package, Shelby praised the deal, stating: “Alabama put together a smart investment package that in both the short and long term will yield solid results for our state” (Birmingham News, 9/29/93). Federal money helped pay for some of the highway improvements that were promised to Mercedes to make the site more appealing (Birmingham News, 10/21/93).

In 1999, when Honda was induced to build a plant in Alabama with a $250 million package of its own, the Alabama delegation quickly mobilized. On May 7, 1999, Michael Brumas of the Birmingham News reported: “Alabama members of Congress said Thursday they will be looking for ways the federal government can help underwrite part of the costs associated with building the new Honda plant at Lincoln. And the lawmakers pledged to help the automaker maneuver through the federal bureaucracy as it prepares to build the plant.” The article said Shelby, as chair of a transportation appropriations subcommittee, was expected to funnel money for road projects near the site.

In 2001, when the Korean automaker Hyundai was deciding where to locate its first U.S. plant, Shelby and other members of the Alabama delegation met with the company (Birmingham News, 10/11/01). After the state won the plant with yet another package of around $250 million, Shelby arranged for $445,000 in federal funds to go to the Alabama Tombigbee Regional Commission, which planned to arrange free bus and van service to take construction workers to the Hyundai site (Montgomery Advertiser, 9/10/02). And these are only the cases that found their way into the press.

Shelby is far from the only senator to have used his office to arrange for federal funds to help a company in his state. But the fact that Shelby has worked so hard for the foreign automakers and now opposes measures deemed necessary to protect the jobs of three million American workers in the auto industry and related sectors makes one wonder whether he should be seen as a U.S. Senator or a foreign corporate agent.

Chicago Sit-In and the Future of Green Jobs

The sit-in at Chicago’s Republic Windows & Doors brings together a host of issues such as labor rights in a plant closing, the refusal of a major bank receiving billions in federal bailout funds to invest in a struggling company, and the fragility of blue-collar employment in the weakening economy. Let me add another to the mix: the fate of green jobs.

Coverage of the labor dispute tends to treat Republic as an old-line manufacturer desperately trying to survive in a new economy. On the contrary, Republic’s business – the production of replacement windows – is a key component of the clean energy revolution being so widely touted these days. Installing those windows lowers the amount of energy used by homes and commercial buildings, thereby reducing the need for new fossil-fuel-burning power plants. The Apollo Alliance is calling for a national energy efficiency commitment to reduce energy use in new and existing buildings at least 30 percent by 2025.

Before it fell on hard times, Republic was promoting green principles not just in terms of the uses of its windows but also in the way its products were made. In December 2003 the company issued a press release announcing that it was developing a “cradle to cradle” design system that would allow the materials in its windows to be fully recycled, thus avoiding the generation of waste. The project received funding from the Chicago Department of the Environment. In a follow-up interview with Industry Week, company executive Les Teichner said Republic was also looking into ways to expand the life span of window frames so they could remain in place longer while the company would replace and recycle window sashes more frequently.

It’s not clear to what extent Republic was able to follow through on its ambitious environmental plans and what role they played in the company’s competitive and financial circumstances. It is also not yet known whether the announced closing of the company last week was more the result of a shutoff of credit by Bank of America or a decision by the company’s owners to move the operations out of state.

In any event, the situation serves as a cautionary tale for proponents of green jobs. We cannot assume that the clean-energy revolution will happen spontaneously nor that the kinds of jobs it creates will necessarily meet the highest standards. Aggressive government enforcement of labor laws and strong union advocacy of the sort being demonstrated by the UE at Republic will be necessary to fulfill the promises of the green-collar economy.

Rank-and-file activism like that being employed by the Republic workers will also be a key part of the equation. The Republic sit-in harkens back to the labor militancy of the 1930s but it also looks forward to the coming struggle to create a future of secure, well-paying and environmentally-friendly jobs.