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Burien's Reply To Senators
On Financial Crisis

From Walter Burien
10-15-8
 
A friend on the CAFR1 NATIONAL email list, Bruce Feher from Nevada, asked me to prepare a response for him to his Senators.
 
I read the Senator's letters (reposted below).  They said nothing as to the underlying root cause of the financial turmoil, which in reality is the result of fundamental manipulation and unrestrained greed for wealth and power orchestrated by our own US Syndicate known as 'government.'
 
What follows is my recommended reply letter, then the two letters sent by the Senators to Bruce Ferer of Nevada
 
Walter Burien
 
P. O. Box 2112
Saint Johns, Arizona 85936
http://CAFR1.com
 
(928) 445-3532
 
Bruce:
 
I am a strong believer that to take down a fraudster, confront them with their biggest fraud.
 
So, Bruce, I suggest you reply back with:
 
-----------------------------------------------------
 
(edited)
 
Senator:
 
It is an acknowledged fact that the #1 player in the derivatives market is now government.
 
Thousands of US local, state, and federal agencies and funds monopolize that market internationally, writing 65% of the paper transacted therein.  This  has yielded several trillions of dollars of profit over the last several years.  It appears that this involvement has lead to a slap-happy bubble of double-floated financial instruments as government inflated its balance sheets with many of these financial instruments not backed by any real substance whatsoever. This has lead to the current meltdown.
 
The issue, as I see it, is that government - through over-extension of international portfolio investments motivated by unrestrained greed - has created virtually this entire situation.  It is obvious that the public was kept completely in the dark as countless government investment funds took control of a substantial portion of the derivative market place.  This gigantic expansion took place over the last three decades.
 
The lack of public disclosure as to the scope and size of the government's involvement in these markets, it appears, made it easier to take (steal) another trillion or so from the public tax coffers to 'stabilize' (not!) the playing field that government created where nearly all of its assets sit.  The whole 'bailout' was government protecting its own assets.
 
Senator, what I would like to see from you is a consolidated balance sheet of local and federal governments' equity participation in the derivative market at the time this supposed needed 'bailout' took place. I would also like to see a consolidated balance sheet of what profits local and federal government made "internationally" from their derivative activities over the last five years.  Was it three-trillion, five-trillion, ten-trillion, fifteen-trillion???
 
It would be very interesting to formally discover that government has been playing both ends against the middle (class, that is).  Trillions made in profits from manipulating the international markets through the use of their derivative activity, and then creating a one-sided impression of impending doom to steal another trillion or so of tax revenue. It appears this is exactly what has happened.  I have no doubt a comprehensive consolidated audit of government derivative activity and profits will bear this out in definitive terms.
 
As a Senator, this should be an easy task to achieve. Your economic and financial committees have instant access to the local and federal government data banks for ease of compilation.
 
I note that several local governments list their derivative activities in their yearly Comprehensive Annual Financial Report (CAFR).  For example, the State CAFR of Pennsylvania of 2002 under note (D) http://cafr1.com/STATES/PA/PA2002D75.JPG gives the derivative activity for the year for just the local "state" government.  As you look at the figures, be sure to add three zeros to each as they are displayed as thousands on the document.  What look like millions are, in reality, BILLIONS.  The state of Pennsylvania's derivative activity alone is greater than many of the largest Wall Street Firms.
 
The California Public Employees' Retirement System (CALPERS) provides retirement and health benefit services to 1.5 million members.  Now note: CALPERS International derivative activity is greater than that of a grouping of some of the largest Wall Street Firms.
 
There are now over 136,000 local government Comprehensive Annual Financial Reports completed each year.  A grouping of the top 700 would be in the same class as PA's derivative activities, with all following the lead of a few top managers and federal advisory associations, and thus a monopoly of no equal.
 
Additionally, in your quest for consolidated totals, the US Treasury auditor general's bank derivative holdings report shows in table #1 that the top eight banks were holding over three hundred trillion dollars in derivatives. ** 2008 March http://cafr1.com/STATES/US-TreasuryReports/BankDerivativesMarch08.pdf
 
It would be interesting to do a little reverse engineering to see how much of that derivative figure is for local and federal government investment accounts held and or managed by the banks. What do you think?  50%? 60%? 70%? 80%?
 
Senator, "silence is golden" will not hold here. Rhetoric skating around my two "specific" questions asked above will not cut the grade either.
 
To earn an easy A+ grade, Senator, I will give you a margin of error of 15% per your reporting of consolidated totals of derivative activity and profits accomplished from those activities from local and federal government.  It's data that can easily be retrieved at the stroke of a keyboard when accessing the correct data banks.  Is two weeks a good time period for you to answer these two questions?  If answered by you in the next three days, it would make me even more impressed with your compliance with what should have been open disclosure to the public for the last several decades but was not.
 
I thank you in advance for your prompt and accurate reply to my two specific questions.
 
Bruce Ferer
 
From: correspondence_reply@reid.senate.gov
Subject: Correspondence from Senator Reid
Date: Tue, October 14, 2008 3:01 pm
To: "BruceFeher"
 
October 14, 2008
 
Mr. Bruce Feher
Las Vegas, Nevada 89144
 
Dear Mr. Feher:
 
Thank you for contacting me regarding the current financial turmoil. I appreciate hearing from you about such an important issue.
 
The recent failure of several major financial institutions has made it evident that we are facing one of the worst economic crises in a generation. The freeze in our nation's credit markets has multiple and complex causes. It began as a capital crunch, with institutions experiencing rapid declines in asset values, set off initially by depreciation in mortgage-backed securities tied to mortgages in default and homes declining in value. Now there is a widespread lack of confidence in financial institutions and their ability to make good on their lending commitments, bringing much lending to a halt.
 
I worked hard to keep this problem from growing as it has. Recognizing that mortgage defaults and declining home values were the root cause of the current crisis, and that Nevada was ground zero for this phenomenon, I worked hard to pass the Housing and Economic Recovery Act of 2008 (P.L. 110-289) that President Bush signed into law on July 31, 2008. While I certainly understand the argument that the government should not intervene to support lenders or borrowers that made poor decisions about mortgages, I have repeatedly expressed my concern for the effects widespread foreclosures could have on Nevada's taxpayers, the national economy and the global financial markets. In addition to several provisions aimed at improving the Federal Housing Administration (FHA), the housing bill authorized the HOPE for Homeowners program. This voluntary program allows lenders to refinance the distressed loans of qualified borrowers with a new, fixed-rate, 30-year, mortgage insured by the FHA.
 
Unfortunately, this program did not take effect until October 1, 2008. In the meantime, several financial institutions continued to fail under the weight of bad loans and depleted capital. In response, the Bush Administration proposed that Congress provide the Treasury Secretary with a blank check to purchase bad assets without any oversight by establishing the Troubled Asset Relief Program (TARP). By no means do I take lightly the responsibility of approving a $700 billion rescue package, but we all have an interest in ensuring the stability and vitality of the financial market. That is why my colleagues in both the House and Senate worked in a bipartisan fashion to improve the Administration's proposal in order to provide more protection for taxpayers and ensure that their money was invested wisely.
 
First, we improved oversight of the asset-purchase program, so that Congress and the public would be able to see how taxpayer money was being spent. We also demanded that taxpayers receive warrants which give them a stake in future profits of any company benefiting from government intervention. In an effort to ensure that corporate executives are not rewarded for their failure with a golden parachute courtesy of the taxpayer, corporate executives of participating companies will face new restrictions on their compensation. We also required federal agencies to implement a plan for mitigating foreclosures on mortgages under their control and expanded the eligibility requirements for the Hope for Homeowners program. Lastly, we temporarily increased the FDIC limit for individual depositors from $100,000 to $250,000. This will help protect Americans' savings in the event of further bank failures.
 
Finally, I am pleased that this legislation was passed along with a number of other measures important to Nevadans, which I have been working hard to pass for years, including energy tax incentives, the Payment in Lieu of Taxes program, Alternative Minimum Tax relief, tax extenders and mental health parity. For more information regarding these measures, please visit my website at http://www.reid.senate.gov.
 
As you can see, this is a complex issue for policymakers, but you can rest assured that I will work hard to find the best solutions. While I regret that Congress had to intervene in the financial market in this manner, I am confident that this measure will help stabilize our economy and protect Main Street from the crisis on Wall Street. That is why this legislation had the bipartisan support of 337 members of Congress and was signed into law on October 3, 2008 (P.L. 110-343). It is my hope that we can utilize this support in the future to conduct the investigations necessary to determine the root of this financial crisis, hold the appropriate persons responsible, and establish regulatory reform to prevent this from occurring again in the future.
 
I appreciate hearing your thoughts regarding this matter and I certainly understand the concerns that you and many others have expressed. As my colleagues and I work to restore fiscal sanity, sustainability, and vitality to our nation's market, you can be certain that I will keep your thoughts and best interests in mind. I look forward to hearing from you in the near future.
 
My best wishes to you.
 
Sincerely,
HARRY REID
United States Senator
Nevada
 
HR:cs
 
--------------------------------------------------------------------------
 
From: Senator_John_Ensign@ensign.senate.gov
Subject: Correspondence from Senator Ensign
Date: Tue, October 14, 2008 6:36 am
To: BruceFeher@CS.com
 
This is an official communication from the Office of Senator John Ensign. Any tampering or alteration of this communication is prohibited and may result in criminal investigation or prosecution.
 
October 14, 2008
 
Mr. Bruce Feher
Las Vegas, Nevada 89144
 
Dear Mr. Feher:
 
Thank you for contacting me about our current financial crisis and the financial stabilization bill that Congress recently passed, H.R. 1424. I value the opinions of every Nevadan and am always grateful for those who take the time to inform me of their views.
 
Our nation is currently dealing with extraordinarily challenging economic circumstances. The stock markets have experienced some of the most dramatic swings in American history. The credit markets have seized up, making it difficult for even those with good credit to borrow money for important things such as buying a car, making payroll, getting student loans, or purchasing a home. Individual retirement accounts, pension funds, and 401k plans have lost tremendous value, delaying the retirement plans for millions of Americans. The financial conditions in this country are dire and we could be facing a deep downturn in our economy.
 
In October, Congress passed a bill, H.R.1424, intended to stabilize the financial industry and the economy as a whole. Like many Nevadans, I find it distasteful that hard-working taxpayers will be bailing out individuals who bought homes they could not afford and financial companies that invested recklessly in assets they did not understand. Even so, the cost of doing nothing would be far worse. After considering the legislation at great length, I ultimately voted for the financial rescue bill because I firmly believe the government had to do something to stave off potential economic disaster. Under some of the worst case scenarios, the financial crisis could cause millions of Americans to lose their jobs and significant amounts of their savings.
 
I loathe having to support a bill that intervenes so heavily with private enterprise and the free market. However, it would be irresponsible for the government to sit idly by while millions of Americans suffer the consequences of a crisis that the government helped create. The problems we are facing today are mostly the result of poor government policies going back to the early 1990's. Congress, the Clinton Administration, and the Bush Administration have made home-ownership a top priority and thus sometimes pursued policies that led to increasingly lax underwriting standards and encouraged companies to issue risky home loans. These bad home loans were then packaged into investment vehicles. Now that many borrowers are unable to meet their mortgage payments or refinance their loans, investors are losing hundreds of billions of dollars on these mortgage-backed assets. These massive losses have paralyzed the financial industry, thus threatening the ability of otherwise healthy companies to continue doing business and jeopardizing millions of Americans' savings.
 
The key component of this legislation is a $700 billion program to stabilize the financial sector. These funds can be used to purchase distressed assets, to provide insurance for those assets, or to inject capital directly into the banking system. I am currently working with my colleagues, economists, and outside experts to urge the Treasury Department to adopt a final plan that will protect taxpayers while increasing financial stability.
 
I would like to see taxpayer money go toward recapitalizing the banking system in return for senior preferred stock positions, rather than buying toxic assets from financial companies. During a systemic banking crisis, history has shown that the financial system must be recapitalized to avoid a dangerous credit contraction. With more capital in the system, banks should be more willing to lend to each other, to companies, and to individuals. By placing the taxpayers in a senior equity position, they will share in any profits that a company may realize after receiving federal assistance. The executives of participating companies should also have limits placed on their compensation packages, because these corporate officers should not receive huge bonuses or "golden parachutes" after receiving millions or billions of dollars of government assistance. Such limits combined with the equity stake make it more likely that companies will act responsibly to restore themselves to financial health so that they may quickly rid themselves of government involvement.
 
By injecting capital directly into firms, we can also avoid the potential problem of having the government buy and hold toxic assets at above market value, which would provide the greatest benefit to the worst offenders. A capital injection plan is more transparent and will distort the marketplace less than purchasing bad assets. If handled correctly, the government can ultimately spend far less than the bill's $700 billion price tag while still bringing stability to our economy.
 
I would have voted against the original plan offered by Treasury Secretary Henry Paulson and the Bush Administration. The final bill I voted for, while far from perfect, protected the American taxpayer. While this is certainly not the bill I would have written and even though I have many concerns about it, I believe this bill is better than doing nothing at all.
 
In addition, H.R.1424 included a large package of critical tax relief. In these trying economic times, it is more important than ever for Congress to pursue pro-growth policies. Lower taxes will help our economy recover faster from its current malaise. Nevadans will directly benefit from a number of the bill's tax provisions, including extension of the state and local sales tax deduction and ensuring that over 88,000 Nevadans will not be unfairly targeted by the Alternative Minimum Tax. Because of the renewable energy tax credits included in this bill, Nevada also stands to gain tens of thousands of new, high-paying "green" jobs in the coming years.
 
It is my hope that this financial rescue package that Congress passed will put more confidence back in the financial markets. Please know that as Congress continues to deal with the financial crisis, I will be sure to keep your thoughts in mind as I closely monitor our financial markets and the economy. Thank you again for sharing your thoughts with me. Feel free to contact me in the future on matters of importance to you. Should you have any other questions or comments or would like to sign up for my newsletter, please do not hesitate to either write or e-mail me via my website at http://ensign.senate.gov.
 
Sincerely,
 
JOHN ENSIGN
United States Senator
 
JE/BC
 
Your thoughts and opinions are important. Unfortunately, any replies to this e-mail will not be received and processed. If you want to contact Senator Ensign electronically again please visit:
 
http://ensign.senate.gov/forms/email_form.cfm
 
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