Monday, May 27, 2013

Bill Black: Our System Is So Flawed That Fraud Is Mathematically Guaranteed

Bill Black: Our System Is So Flawed That Fraud Is Mathematically Guaranteed
“The most devastating fraud is when you have a legitimate entity and the person who controls it uses it as a weapon to defraud others.”

Submitted by Tyler Durden on 05/25/2013
      

“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it."
- Frederic Bastiat, Classical French political economist
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Fraud
A deceitful practice. Fraud consists of a misrepresentation of a material fact that is relied upon by another party to his or her detriment. There is no requirement that the misrepresentation be intentional. The thing misrepresented must be a fact; it is very difficult to prove fraud when one fails to fulfill his or her obligations but had good intentions in the beginning.
There are three types of fraud:
1. Intentional fraud. Punitive damages may be assessed for this type of fraud.
2. Negligent fraud. As when one makes a statement recklessly but without any intention to deceive, and someone relies on that statement and is injured when it turns out to be false. One example would be a real estate agent telling a buyer that all appliances are new when, in reality, the agent didn't know but thought they looked new. Depending on the degree of recklessness involved, this type of fraud may or may not support punitive damages.
3. Innocent fraud. As when one takes steps to confirm facts but is perhaps mistaken or given mistaken information, and then relays that information to someone else who relied on it and was injured.
The Statute of Frauds is a rule that says certain contracts must be in writing, including contracts having to do with real estate. It has nothing to do with fraud, per se, except to protect against possible fraud by requiring a writing.
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Bill Black is a former bank regulator who played a central role in prosecuting the corruption responsible for the S&L crisis of the late 1980s. He is one of America's top experts on financial fraud. And he laments that the US has descended into a type of crony capitalism that makes continued fraud a virtual certainty - while increasingly neutering the safeguards intended to prevent and punish such abuse.
In this extensive interview, Bill explains why financial fraud is the most damaging type of fraud and also the hardest to prosecute. He also details how, through crony capitalism, it has become much more prevalent in our markets and political system. 
A warning: there's much revealed in this interview to make your blood boil. For example: the Office of Thrift Supervision. In the aftermath of the S&L crisis, this office brought 3,000 administration enforcements actions (a.k.a. lawsuits) against identified perpetrators. In a number of cases, they clawed back the funds and profits that the convicted parties had fraudulently obtained.
Flash forward to the 2008 credit crisis, in which just the related household sector losses alone were over 70x greater than those seen during the entire S&L debacle. 
So how many criminal referrals did the same agency, the Office of Thrift Supervision, make?
Zero.
Similar dismal action was taken by such other financial regulators as the Office of the Comptroller of the Currency, the Federal reserve and the FDIC. 
Where is the accountability?, you may be asking. Or perhaps, how did we allow things to get this bad?
Fraud is both a civil wrong and a crime and it's when I get you to trust me and then I betray your trust in order to steal from you. As a result, there’s no more effective acid against trust than fraud and, in particular, elite fraud, which causes people to no longer trust folks, economies break down, families break down, political systems break down and such if you don’t have that kind of trust. So that’s what fraud is.
 But what my work focuses on is: what kind of frauds are the most devastating? And it turns out that the most kind of problems that we’re seeing, systemic problems and such, arise when we have, what we call in criminology, control fraud. And control fraud simply means when you have a seemingly legitimate entity and the person who controls it uses it as a weapon to defraud others. And so in the financial sphere the weapon of choice is accounting and the losses from these kinds of control frauds exceed the financial losses from all other forms of property crime combined.
 So for example, in the current crisis, as with the prior ones, if you’re a lender there’s an easy recipe for maximizing fake accounting income. And it goes like this. You need four ingredients:
1.     grow like crazy
2.     by making really, really crappy loans but at a premium yield (yield just means 'interest rate')
3.     while employing extreme leverage, and
4.     while setting aside only the most trivial reserves or allowances for the inevitable losses this kind of behavior produces.
George Akerlof and Paul Romer wrote the classic article in economics about this in 1993. And their title really says it all in terms of the dynamic: Looting the Economic Underworld of Bankruptcy for Profit.
The idea is you have a seemingly legitimate entity, the person at the top is looting it. They loot it by destroying it but they walk away wealthy. Of course, in the modern era we don’t necessarily, we may bail out the entity. So it may not even fail in that sense.
 But here’s what Akerlof and Romer also said that was so critical as an understanding. They said these four steps, these four ingredients: it's just math. It is – and I’m quoting them now “a sure thing.” So you’re mathematically guaranteed if you do these four things to report, not just substantial income, but record levels of income.
Bill Black interview Part 1:


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William K. Black
From Wikipedia, the free encyclopedia

William Kurt Black (born September 6, 1951) is an American lawyer, academic, author, and a former bank regulator.[1] Black's expertise is in white-collar crime, public finance, regulation, and other topics in law and economics. He developed the concept of "control fraud", in which a business or national executive uses the entity he or she controls as a "weapon" to commit fraud. Black was a central figure in exposing Congressional corruption during the Savings and Loan Crisis. He took the notes during the Keating Five meeting that were later published in the press, and brought the event to national attention and a congressional investigation.





1 comment:

Anonymous said...

The Number of the Beast

- the entity he or she controls as a "weapon" to commit fraud -

'Here is wisdom. Let him who hath understanding count the number of the beast for it is also the number of a Man. And that number is six, six score, and six'.

http://www.revelatorium.com/starrgram18.html

Some more text to interest readers:

"Similarly, the Masonic order was a sanctioned group of adepts whose original responsibility was record keeping. In the seventeen hundreds the entire United States Constitution was backboned on Masonic principles through the adept standings of the founding Fathers. In the early eighteen hundreds though negative infiltration, the methodologies of the Masonic works was high jacked by a mal group called the Illuminati who took them over as their own.

This has caused considerable confusion in a lot of you who now think the Founding Fathers of the United Sates of America were Illuminati. They were not. Their actions were sanctioned at the highest levels. The United States of A'miracle was the first enlightened society of its kind ever to exist within the lower outer face of Earth.

See also the beast at work in the practice of the soulless numberizing of society by those who would control the destiny of others by thinking of efficiency as an achievement. The gains of self never come without loss to others.

The mark of the beast in the forehead speaks directly to your Pineal gland, the main center for the fourth dimensional awarenesses of animals. When your Pineal gland is used for ill against others it bears the mark of the Beast.

The mark of the beast on the right hand speaks loosely to the fact that your right hand is usually instrument in the fashioning of device. When the intent is disharmony towards others, your hand bears the mark of the beast."