giovedì 26 febbraio 2015

Central Banking & Human Bondage

Central Banking & Human Bondage:
The Works of Stephen Mitford Goodson

historyofcentralbanking4,370 words
http://www.counter-currents.com/2014/11/central-banking-and-human-bondage/
French translation here

Stephen Mitford Goodson
A History of Central Banking and the Enslavement of Mankind
London: Black House Publishing, 2014

Stephen Mitford Goodson
Inside the South African Reserve Bank: Its Origins and Secrets Exposed
London: Black House Publishing, 2014

Originally intended as one book, Black House Publishing has brought out two volumes that, while of course companions, are self-contained.
Immediately the perceptive reader will be aware of several promising features of these books: The author’s middle name is Mitford, indicating the likelihood of a propensity towards rebelliousness.[1] Next, the author’s dedication of A History of Central Banking to Knut Hamsun, “a beacon of light and hope of the natural world order;” the great Norwegian novelist being a man of honor who refused to bow before Talmudic vengeance upon the defeated of World War II. The next promising feature is a quote from Ezra Pound (a figure akin to Hamsun for his having fought the same malignant forces, defending the same heroic ideals, and having undergone great persecutions in the post-war era) which sets the tone for the book: “And you will never understand American history or the history of the Occident during the past 2000 years unless you look at one or two problems; namely, sheenies and usury. One or the other, or both. I should say both.”[2]
Stephen Mitford Goodson
Stephen Mitford Goodson
Another interesting feature that immediately faces the reader is that the lengthy preface is written by Prince Mangosuthu Buthelezi, Member of Parliament and long-time leader of the Inkatha Freedom Party. While Prince Buthelezi begins by stating that he “does not endorse the viewpoints” expressed in the book, he also points out that the book is “controversial” and will “engender strong reaction.” The remarks of caution by Buthelezi are presumably necessitated by Goodson, like his Mitford relatives, insisting on documenting certain heresies pertaining to the influence of Jews on politics and finance, and on the achievements of Axis states in overthrowing shylockcracy.
Despite opening with that qualification, Buthelezi nonetheless proceeds to support Goodson’s views on central baking and usury as the main cause of “profound and inhumane differences” within nations throughout the world. Buthelezi declares himself an enemy of that system: “For this reason, for several years, my Party and I have argued that South Africa should reform its central banking and monetary system, even if that means placing our country out of step with iniquitous world standards.” Since that is the case, one suspects that Buthelezi also realizes that the resistance of the Axis states to just this system might have been the real cause of their placing themselves “out of step with iniquitous world standards,” which Goodson subsequently explains. The prince writes: “This work provides not only a broad sweep of the history of economics over almost three millennia, but insights into how the problems of usury have been confounding and enslaving mankind since civilized existence first began.”
Goodson’s book is unique in this genre in several major ways: he traces the course of usury through history over thousands of years; something that has not usually been attempted since one of Ezra Pound’s favorite books, Brooks Adams’ Law of Civilization and Decay was published over a century ago.[3] Goodson also provides both a history of the usurers and those who opposed usury, plus technicalities on the finance system and how it can be fixed.
Goodson goes back to ancient Rome in seeking early examples of financial systems that have a bearing on the world today. He quotes Aristotle, from Politics, on what some would call the Traditionalist attitude[4] to such things but which are today called “respectable businessmen” and “good business practice”: “Men called bankers we shall hate, for they enrich themselves while doing nothing.” Aristotle thereby sums up the entirety of the case against orthodox banking. Goodson traces systems used in Rome such as the use of bronze pieces that were issued by the Roman state for the transaction of commerce, usury-free, an early example of fiat money; not to be confused with the present-day system of issuing fiat money via private banks, who receive their slice of usury, allowing this perverted “fiat money” to be condemned when it does not work.[5] Goodson draws on statistics to show that this was an era of great wealth and progress, at a time also when the Roman leaders lived by the austerity and honor of what it truly was to be “Roman.”
The system fell to ruin when Rome replaced these bronze ingots with silver, and the whole character of Rome was degraded. In other words, moral rot followed a change in banking. Usurers, including many Jews who had flocked to Rome during its epoch of decay, charged high interest on loans and destitution became widespread. As has often been the case in history, right up to our modern era, a heroic figure would arise to set matters aright, and this took the form of Julius Caesar, who knew fully of the situation. He issued cheap metal coins, and interest was heavily regulated. Goodson lists the measures undertaken in the socio-economic realm by Caesar, which are incredible; perhaps not to be repeated on such a scale until Mussolini, Hitler, and Michael Joseph Savage.[6] After Caesar’s death, Rome adopted the gold standard, and this was to have major negative consequences. It is an important example of the role “money power,” as we might call it, has played in the corruption and collapse of civilizations, the causes too often neglected by the Right which assigns this to the role of race in reductionist terms.[7]
Goodson begins the monetary history of England with King Offa of Mercia, during the 8th century, where again silver minted coins were used, and the pagan outlawing of usury was reintroduced. Under King Alfred the property of usurers was forfeited, while under Edward the Confessor usurers were declared outlaws. The rot set in when Jews arrived with the defeat of Harold II by William the conqueror in 1066, and these Jews were given privileged positions as usurers by William. England was ravished with debt, which spared nobody, either nobleman or workman. In 1215 the Magna Carta was forced on King John by his noblemen, the most important reason being to deal with usury.
During the Middle Ages usury was again abolished, and “tally sticks” were used. These were kept in use for 700 years, to some degree or other. Goodson records the system in some detail, and despite what we are told about the Middle Ages, the populace lived well, something that has been detailed by William Cobbett, in comparing the conditions of workers of Medieval times to those of the Industrial Revolution.[8] As in Rome, history repeated itself, with a series of ups and downs for the usurers over the centuries, and of course, as we now know, their eventual triumph, in this instance ushered in by the victory of Cromwell and the Puritan Revolution, shortly followed by the creation of the Bank of England, a privately owned consortium based on the Dutch model.[9] Goodson mentions that when the Bill that included the enacting of the Bank of England was passed, there were only 42 members of the House present, and all were Whigs; the Tories opposed the Bill. This is a further indication of my contention that the “true Right” is inherently anti-capitalist, while the Left, as Spengler pointed out, always acts in the interests of the “money party.”[10] From then on a pattern emerged, writes Goodson,
of attacking and enforcing the bankers’ system of usury [that] has been deployed widely in the modern era and includes the defeats of Imperial Russia in World War I, Germany, Italy and Japan in World War II and most recently Libya in 2011. These were all countries which had state banking systems, which distributed the wealth of their respective nations on an equitable basis and provided their populations with a standard of living far superior to that of their rivals and contemporaries.
Goodson points out that although the Labour Government nationalized the Bank of England in 1946 (i.e., over a decade after the New Zealand Labour Government had nationalized that country’s Reserve Bank in 1935, which had originally been created on the urging of the Bank of England’s globe-trotting adviser Sir Otto Niemeyer) it was mere window dressing as the Bank of England, like other “nationalized ” Reserve Banks, including New Zealand’s, remains within the global usury system, and they merely serve as conduits for borrowing from private international banks. What could be added is that when the New Zealand Labour Government nationalized the Reserve Bank, albeit at considerable public pressure to fulfill its election promises on state banking, led by maverick Labour MP and one-armed war veteran John A. Lee, its one great but enduring act was to issue 1% state credit for the iconic state housing project. This not only provided durable houses on quarter acre sections at low cost, but also solved, through this project of public works, 70% of the country’s unemployment during the midst of the world depression.[11]
Citing Harvard historian Carroll Quigley, Goodson shows that these central banks became part of a vast interlocking system of international finance, which has done nothing but expand ever since.
Other revolts against the banking system have included the American colonies which financed their war against Britain with its own state money, as did both the Union and the Confederate states during the Civil War. Again a series of ups and downs followed as the usurers and their opponents vied for the enacting of their respective plans for banking, until when in 1913 the conflict was resolved with the Reserve Bank Act, passed again behind the façade that it would be a state bank that would bring “order” to finance, after three years of planning by the international bankers and their followers in politics.
Russia provides another example of a state that had an independent banking system, and is of particular interest insofar as – like the Axis states subsequently – the Czar has been pilloried as a tyrant whose overthrow was the result of popular revolution: a game plan which has been unfolding again in our own time over the past several decades via the so-called “colour revolutions” and “Arab Spring,” at the behest of the same types of people who instigated the “Russian” revolutions in 1917, and for the same reason, and prior to that the Cromwellian revolution and the French Revolution. (I would also add the “revolution from above” wrought by Henry VIII, which prominently involved another scabrous Cromwell).
Goodson states that after the defeat of Napoleon, Nathan Mayer Rothschild was active in pushing for a banking system that would secure the control of Europe. Czar Alexander I rejected any such plans and instead created a new Holy Alliance between Russia, Prussia, and Austria, who were to be pushed into cataclysmic conflict a few generations later. What was created in 1860 was a Russian state bank that served the people well for decades, with cheap loans, including low interest land loans for farmers, by the turn of the century most land being owned by the people who worked it. Taxes and debt were the lowest in Europe, and social and labour legislation among the best.
Goodson points out that the Bolsheviks brought this happy state to destruction. The details of this and the welcome international finance accorded the March 1917 Revolution, and bankers likewise supporting the Bolsheviks are documented in this reviewer’s books Revolution from Above[12] and The Banking Swindle. I will add here that much of the negative portrayal of the Czars, which continues to the present, was the result of American journalist George Kennan’s one-man propaganda offensive against Russia, Kennan being subsidised by Jacob Schiff of Kuhn, Loeb & Co., who also provided the wherewithal for Kennan to indoctrinate – according to Kennan – 52,000 Russian prisoners of war in the aftermath of the Russo-Japanese War of 1904-1905, who returned to Russia to provide a revolutionary cadre that eventually overthrew the Czar.[13]
Inside the South African Reserve Bank: Its Origins and Secrets Exposed, features Goodson’s account of the way he was forced to resign prematurely before his term expired – albeit by only a short time – as a director of the South African Reserve Bank. Goodson has an insider’s knowledge on the workings of debt-finance and reserve banks, and he is also the leader of the Abolition of Income Tax and Usury Party,[14] and has long been an economic consultant. It is this book that has apparently been the subject of threatened legal action from the South African state, which is very much interested in keeping Goodson mute as to his first-hand knowledge of corruption in the financial sector.
Goodson shows that South Africa was the first state after World War I to succumb to machinations in the creation of a central bank. This he places on the shoulders of General Smuts, Minister of Finance despite his lack of background in finance.[15] Like Senator Aldrich, whose so-called “Aldrich Plan” was enacted in 1913 to create the US Reserve Bank in 1914, Aldrich merely being the voice in Senate for Schiff, the Warburgs, Rockefellers, J. P. Morgan, et al., the Smuts plan for a reserve bank was initiated and devised by his friend, the banker Sir Henry Strakosch, whose plan followed that of the US Federal Reserve Bank. The commission that was established from all Parliamentary parties provided strong criticism of the plan and expressed concern as to why it was being (like the “Aldrich Plan”) rushed through without proper debate. Colonel Creswell of the SA Labour Party proposed a state bank. The Parliamentary opposition to the Strakosch plan, and call for a state bank by the Labour Party, is of particular interest, and Goodson provides detail of the Parliamentary speeches.[16] In 1920 Parliament voted in favor of the Strakosch plan, while all 19 Labour members and three Nationalist members voting against. General Hertzog of the National Party had wanted the matter fully investigated over the course of two years, but was brushed aside. Strakosch was also instrumental in establishing the Reserve Bank of India in 1935. His role seems similar to that of Sir Otto Niemeyer of the Bank of England who at that time went about the British Commonwealth pushing for central banks to be created with private stockholders.
Furthermore, Strakosch paid the debts of Winston Churchill and from that moment the history of the world would embark on a tragic course: a world war in the service of international finance that would destroy the British and all other European empires, to be replaced by a money empire, while Roosevelt laid down the post-war conditions to the hapless Churchill for the dismantling of the British Empire.[17]
Goodson traces the origins of the Great Depression as an example of credit manipulation, and profiles those who sought an alternative: C. H. Douglas of social credit, Professor Irving Fisher, and Gottfried Feder, Germany’s primary banking reformer campaigner.[18] The innovative reforms undertaken by the Nazis were undermined by Hjalmar Schacht, president of the Reichsbank, an intimate of the international banking fraternity who was to be spared the fate of other high state officials at Nuremberg due to his connections, including particularly his friendship with Montague Norman, Governor of the Bank of England.
In 1939 Schacht issued an ultimatum to Hitler intended to revert Germany’s economy back to the old system, and was sacked. While the Hitler regime has been criticized for sidelining idealists such as Feder and even of serving international finance and not fully implementing its “socialistic” program, in fact, much was undertaken, and Goodson alludes to the “Schacht Plan” being replaced finally and decisively by the “Feder Plan” in 1939. Goodson contends that war was imposed on Hitler for the same reason as that faced by Napoleon, with Poland in this case as the bankers’ cat’s-paw. In one of many instances where Goodson places the banking system in the wider historical context, he relates what would now be called “ethnic cleansing” that was undertaken by the Polish authorities against ethnic Germans in Poland. Goodson places the German ethnic causalities in Poland at 58,000, culminating in the Bromberg Massacre of September 1939, in which 5,500 German ethnics were killed. Hitler’s peace plan was summarily rejected by the Polish Government due to the interference of Britain in guaranteeing Poland’s security.
Goodson proceeds to outline the many socio-economic achievements of the Hitler regime, such a low-interest loans for housing and the barter system that saw Germany capturing markets from Europe to South America, and undermining the system of international finance around the world, the rise in income, the great public works while, persistent claims to the contrary, expenditure on arms was relatively low.
While Germany flourished in the midst of a world depression, Fascist Italy had already embarked on a similar course a decade previously, with giant public works, and gradually adopted state banking. Japan, which readers might be surprised to learn, had since the 1920s had been widely attracted to the social credit theory of C. H. Douglas, followed such policies from 1932, and completed its reforms in 1942, based on German banking legislation. This established Japan as a great economic power and in 1940 she announced the Grater East Asia Co-Prosperity Sphere, which threatened the global economic system by creating an autarkic trading bloc. The pretext for action against Japan, Goodson states, started with her peaceful occupation of French Indo-China with the permission of France, to disrupt the supply routes of China. Economic sanctions from England, Holland and the USA followed. Japan’s repeated attempts at diplomacy and compromise were consistently rebuffed by the USA, culminating in an ultimatum from the USA for Japan’s withdrawal from China, followed by an economic blockade. With the US occupation of Japan, the banking system and corporate structure were demolished under the auspices of an American banker.
Towards the end of the war, however, South Africa was attempting to adopt a banking system similar to that of the Axis states, and some Commonwealth states, namely New Zealand and Australia’s, and a Bill was introduced by Hofmeyr, Minister of Finance, but like the latter countries also, this central bank has failed to embark on a course of state credit creation. It was the South African Labour Party that consistently demanded a state bank that would issue state credit. Indeed, the quotes cited by Goodson of the speeches made by Labour Party members in Parliament on credit creation are, like those of New Zealand Labour stalwart John A. Lee, very instructive.
Goodson then proceeds with an explanation of the New Zealand banking system of the time that was given by the South African advocates of state credit. However, I must add that the South African Labour Party belief that New Zealand’s Finance Minister, Walter Nash, was “one of the strongest advocates of the state banking system,” is an error. Nash was one of John A. Lee’s bitterest opponents in the latter’s efforts to keep the Labour Party to its 1934 election promises, which ultimately resulted in Lee’s expulsion from the party.[19]
After referring to the Australian banking system, South African Labour’s Senator Smith proceeded to describe in similar terms the National Socialist banking system seeing it correctly as analogous, although on a much grander scale, with those of New Zealand. Smith, pointing out that he was not a supporter of Hitler, nonetheless stated that things can be learned from others, including Hitler. This is sufficient today to destroy anyone’s reputation, at a time when scholarship and objectivity are regarded as heretical per se;[20] and we can say that Goodson himself is a present example of this.
Goodson proceeds with his own saga as a director on the SA Reserve Bank Board. In 2002 he attempted to show that the bank was a private entity, not a state institution. In 2003, with 71.1% of the vote of shareholders, Goodson was voted in as a non-executive director. The Board made no secret of its concern at the election of Goodson, who attempted to educate Board members on the nature of fractional reserve banking. The following year a covert campaign by the deputy governor of the Board, Gill Marcus, an ANC stalwart, to unseat the Governor, was noticed by Goodson, and Marcus was unceremoniously told to leave, only to return in 2009 as the state’s appointed new Governor. One of her new measures was to limit the term of non-executives directors, and these were asked to resign prior to the end of their terms. Amidst Goodson’s attempts in 2011 to have corruption and incompetence in the SA Bank Note Company and the SA Mint dealt with, the attitude of Marcus became increasingly antagonistic towards him. In February 2012 the Board moved against Goodson to have him silenced, and he was suspended. In tandem with these measures, Goodson was smeared by the Mail and Guardian the following month.[21] Goodson had made some heretical remarks about Germany in a radio interview with Deanna Spingola in 2011, which were used as a pretext to launch the campaign against him. Goodson provides a substantial list as to why he has adopted a skeptical approach in regard to the “Holocaust,” since the smears against Goodson focus on his “Holocaust” skepticism. Goodson was also damned for having appraised the financial policies of the Hitler regime, and cites luminaries of the day who had done likewise, quoting David Lloyd George, Winston Churchill, H.R.H. the Duke of Windsor, and economist J. K. Galbraith.
Goodson was called into a meeting in May 2012 to resolve his status, and a compensation agreement emerged that ended his position just a few months prior to the end of his term. He was expected to remain mute on the measures that had been taken against him by the Bank, but regards the exposure of financial malfeasance as being in the public interest and as not being part of any undertaking.
Goodson concludes with an extended discussion on how the banking problems might be solved, citing a comprehensive report that he had submitted to Marcus Gill, who had not understood any of it, and who had forwarded it to an economist for review, who likewise knew nothing of the subject, as related in the ensuing discussion he had with Goodson. Hence the situation is brought up to the present, and Goodson explains the current global debt plight, including a lengthy and unexpected discussion on the adverse manner by which fertility rates are affected. This includes demographic impacts on the white countries, and on Japan and China (in the example of China, I must say: “here’s hoping”). He concludes with examples of community and state banking (North Dakota, Guernsey, Libya), ending with details on how South Africa’s banking system could be reorganized, along with appendices of draft Bills on the mechanics of banking reform.
Notes
1. “The Private Life of Stephen Goodson,” Money Web, August 31, 2003, http://www.moneyweb.co.za/moneyweb-historical-news-news/the-private-life-of-stephen-goodson?sn=Daily%20news%20detail
The story seems balanced and provides an interesting profile.

2. For both Pound and Hamsun see: K. R. Bolton, Artists of the Right (San Francisco: Counter-Currents, 2012). Also: Stephen M. Goodson, “Knut Hamsun: The Soul of Norway,” Inconvenient History, Vol. 5, No. 2, http://inconvenienthistory.com/archive/2013/volume_5/number_2/knut_hamsun.php

3. Brooks Adams, The Law of Civilization and Decay (London: Macmillan, 1896).

4. “Traditional societies,” whether of the Hindu, Muslim, or Christian varieties, etc., place commerce very low down on the pyramid of hierarchy, whereas what a Traditionalist would call a cycle of decay – such as the era of today’s “West” places the merchant at the top of an inverted hierarchy. See: Julius Evola, Revolt Against the Modern World, trans. Guido Stucco (Rochester, Vermont: Inner Traditions International, 1995), and Oswald Spengler on the rise of “money” in the decadent cycle of a civilization in The Decline of the West (London: George Allen and Unwin, 1971), in particular Vol. II, Chapter XIII.

5. Russell Norman, Member of Parliament, and leader of the New Zealand Green Party, was recently roundly condemned and ridiculed for suggesting the use of “fiat money,” but did not have the knowledge or the fortitude to defend his position and was quickly silenced on the only sensible suggestion that has been offered in New Zealand since the 1930s Labour Government successfully issued state credit for housing.

6. M. J. Savage, iconic leader of the First New Zealand Labour Government.

7. For an alternative Rightist view on the role of money in the collapse of civilizations see: K. R. Bolton, “Oswald Spengler and Brooks Adams: The Economics of Cultural Decline,” in Troy Southgate, ed., Spengler: Thoughts and Perspectives, Vol. Ten (London: Black Front Press, 2012), 179–21.

8. William Cobbett, History of the Protestant Reformation in England and Ireland, 1826.

9. For the influence of Amsterdam Jews and Puritans on the Bank of England see: K. R. Bolton, The Banking Swindle (London: Black House Publications, 2013), 21–22.

10. On the Left-Right dichotomy and how it has been misunderstood, see: K. R. Bolton, “Reclaiming the ‘Right’: Origins of the Left Wing – Right Wing Dichotomy,” Ab Aeterno, Academy of Social & Political Research, Wellington, New Zealand, No. 16, July-September 2013.

11. K. R. Bolton, The Banking Swindle, 96–100.

12. K. R. Bolton, Revolution from Above (London: Arktos, 2011), 57–65.

13. K. R. Bolton, The Banking Swindle, op., cit., 145–47.

14. Abolition of Income Tax and Usury Party http://www.aitup.org.za/

15. Perhaps analogous to one recent Labour Government Minister of Finance, Dr Michael Cullen, whose academic specialty was history, and who, on enquiry from a member of the New Zealand Social Credit Institute, stated that credit is created from bank depositors’ savings accounts.

16. Goodson, Inside the Reserve Bank, 71-73.

17. See: K. R. Bolton, “The Geopolitics of White Dispossession,” Richard B. Spencer editor, Radix (Washington Summit Publishers), Vol. 1, 2012, 105–30. Also: K. R. Bolton, Babel Inc. (London: Black House Publishing, 2013), “Decolonization as the Prelude to Globalization.”

18. See: Gottfried Feder, Manifesto for the Breaking of the Financial Slavery of Interest (Surrey: Historical Review Press, 2013 [1919]) translated by Dr. Alexander Jacob. Also: G. Feder, The German State on a National and Socialist Foundation (Historical Review Press, 2013 [1932]), translated by Jacob. Feder would presumably receive more attention today among banking reformers had it not been for his influence on Nazi economics (as might the poet Ezra Pound, author of a series of incisive booklets on banking, had it not been for his support for Fascism).

19. Erik Olssen, John A. Lee (Dunedin, New Zealand: Otago University Press, 1977), passim.

20. K. R. Bolton, “Reductio ad Hitlerum as a Social Evil,” Inconvenient History, Vol. 15, No. 2, http://inconvenienthistory.com/archive/2013/volume_5/number_2/reductio_ad_hitlerum_as_a_social_evil.php

21. Lisa Steyn, “Reserve Bank’s Holocaust Denier,” Mail and Guardian, April 13, 2012, http://mg.co.za/article/2012-04-13-reserve-banks-holocaust-denier

mercoledì 25 febbraio 2015

The Bank and IMF in 2014: year in review

IFI governance

Analysis

The Bank and IMF in 2014: year in review

25 February 2015 
Credit: www.popularresistance.org
Credit: www.popularresistance.org
The global economic picture remains far from rosy, as major industrialised countries continue to stagger towards growth, with knock-on consequences for developing nations, as evident in a raft of new IMF lending and precautionary programmes across a host of countries.
In July 2014 The BRICS nations (Brazil, Russia, India, China and South Africa) came good on their promise to establish a development bank, and a new emergency fund in case of financial crises, in Fortaleza, Brazil, albeit with more modest ambitions than the coverage claimed.
The Bank’s restructuring process, which begun in 2013 continued its halting progress, with considerable staff discontent accompanying the changes and questions being posed about the impact of the restructure on the Bank’s operational capacity.

World Bank

A year on since the World Bank’s strategy was formally approved, any progress was largely drowned out by increased internal discontent with the restructuring and cost cutting process emerging from the strategy. The year kicked off with a leaked 2013 internal staff survey which revealed that less than half of respondents agreed that the Bank “prioritises development results over the number and volume of transactions.” Three months into the July implementation of the reforms and just a week before the start of the October annual meetings, rumours of internal actions at the Bank in protest at the restructuring process hit the headlines, forcing president Jim Yong Kim to respond. Adding insult to injury, the findings of a report by the Bank’s Independent Evaluation Group (IEG), raised concerns about the “declining performance” at the Bank, pointing to the Bank’s private sector arm, the International Finance Corporation (IFC), as particularly problematic.
The year started and ended with the US Congress passing the annual appropriations bill for 2014 and 2015 respectively, both of which included restrictions on the country’s engagement with the international financial institutions (IFIs). The 2014 bill, passed in mid January, included instructions for the US representatives to ensure “just compensation or other appropriate redress to individuals and communities that suffer violations of human rights”. This included specific measures for communities affected by the construction of the Chixoy dam in Guatemala in the 1980s, which led the Guatemalan government in October to finally agree to pay reparations. It also mandated the US representatives at IFIs to vote against almost all forestry and hydropower projects. However, the bill did not include language authoring IMF governance reforms agreed in 2010.
The 2015 bill, passed in mid December, included an instruction for the US “to vote against any loan, grant, policy or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy or strategy that provides less protection than World Bank safeguards”. The bill was a welcome win for the many civil society groups that have grown increasingly disillusioned with the Bank’s safeguards review. The new draft social and environmental standards, released to kick start the second phase of the review in late July, have been heavily criticised by civil society, as a dilution of the existing safeguards, such as on indigenous peoples rights. The consultation process itself also came under fire, with CSOs delivering a letter outlining concerns to Bank president Jim Yong Kim and staging several walk outs and other forms of protests. Moreover, civil society organisations have raised concerns about the ‘teeth’ of the Bank’s accountability mechanism, the Inspection Panel, which has been criticised over a new pilot approach to cases brought by affected communities.
The Bank’s focus on big infrastructure received increased attention with a new G20-linked initiative, the World Bank-hosted Global Infrastructure Facility, launched during the annual meetings. With little public information available, civil society has raised concerns about possible social and environmental impacts of the initiative. Its focus on scaling up public-private partnerships (PPPs) was challenged, including through a July evaluation by the Bank’s IEG, which revealed a lack of proven poverty reduction impact. 2014 witnessed increasing discussions about the role of the Bank on the world stage as many wondered about competition from the BRICS’ New Development Bank which will focus primarily on infrastructure finance. Additional questions were raised by the almost simultaneous launch by China of several infrastructure related initiatives, most significantly the Asian Infrastructure Investment Bank. Considerations of climate change were largely missing in this context. Many questioned the extent to which the Bank’s actions matched its climate change rhetoric.

Private sector and the IFC

The IFC’s controversial investment in Honduran palm oil producer Dinant made the headlines at the start of the year as the IFC’s accountability mechanism, the Compliance Advisor Ombudsman (CAO), released an audit report strongly criticising the IFC for failing to comply with its own performance standards. The audit pointed to systematic problems, such as the IFC’s organisational culture which prioritises financial performance ahead of environmental, social and conflict risks. The IFC is currently meant to be implementing an action plan on the Dinant case but in September the CAO nonetheless began investigating two complaints against Dinant. Grassroots farmers groups have accused the company’s security guards of committing human rights abuses, including kidnapping, murder, forced disappearances and evictions. They also accuse the company of polluting the environment.
2014 saw the IFC’s lending to financial intermediaries (FIs) come under increasing scrutiny. In April the Bretton Woods Project published a major report on development lending to FIs which found that between July 2009 and June 2013 the IFC invested $36 billion in FIs. This is three times as much as the rest of the World Bank Group invested directly into education and 50 per cent more than its direct investment in health care.
In August the CAO published an audit that found the IFC failed to adequately address environmental and social risks when it approved a $70 million loan to Honduran bank Ficohsa,  which has lent millions to another IFC client, palm oil company Dinant. In October the CAO released a follow on report to its 2012 audit of IFC investment in FIs which revealed that “important findings from the audit remain unaddressed.” The report found that the IFC still cannot accurately track or demonstrate whether its investments in FIs, around $10 billion in fiscal year 2014, do no harm and improve livelihoods. The IFC is yet to provide a comprehensive response despite pressure from civil society organisations who demand an adequate IFC action plan to address structural failings. This led NGOs to recommend “that the IFC undertakes fewer investments in the financial market sector, and dedicates more resources to ensure their positive outcome” and that “the World Bank Group develop a new group-level strategy for investments in the financial sector to fundamentally rethink the nature, purpose, modalities and limits of these investments.”
In September, a Bretton Woods Project briefing noted that while key multilateral development banks (MDBs), such as the IFC, European Investment Bank and Asian Development Bank, say urgent action is needed to tackle climate change they continue to invest billions of dollars in oil, gas and coal projects. The MDBs have $12.8 billion invested in publicly listed companies that already have access to capital markets and that could be at risk if the ‘carbon bubble’ bursts, placing public resources for achieving development objectives at risk.
Throughout the year the IFC continued to cause controversy through its support to luxury hotels and other projects with questionable development impact.

IMF

The IMF started its year ramping up its focus on inequality, and garnering many positive headlines from remarks by its managing director at the Davos World Economic Forum on the threat that inequality poses to economic growth. However, despite returning to this theme throughout the year, the prospect of IMF policies altering in such a way as to confront inequality seems limited.
During the October annual meetings , the IMF Committee (IMFC, the direction-setting body of finance ministers for the IMF) called for bold action to address a global economy that seems to be faltering without ever having got back up to speed following years of anaemic growth. The IMFC’s mantra of “bold, ambitious” measures included cautioning that macroeconomic policies be “appropriate” while advocating “critical, structural reforms”. This pointed to concerns over growing debt levels across countries from the low- to high-income spectrum, exacerbated by stalling growth. At the annual meetings, a grouping of Francophone Sub-Saharan African states warned that “risks to debt sustainability” are growing; from external loans, domestic debt and public-private partnerships (PPPs). The latter is prioritised by most international institutions and the G20 as the main strategy to address high debt, low growth and low investment. The year ended with a high-profile debate about the impact of the IMF’s historic structural adjustment programmes in the Ebola-hit West African countries, with calls for the Fund to cancel debts of Guinea, Liberia and Sierra Leone.
Another long-running sore that seems only to fester is the Fund’s failure to implement governance reforms agreed in 2010 as part of its 14th review. These schedules are becoming increasingly meaningless; the 15th review cycle should have begun. In January, the Fund published a statement by the executive board demanding that the IMFC reiterate – presumably back to the board – that these reforms are crucial and the on-going failure to implement them due to the US Congress refusing to ratify the reforms, is unacceptable. This itself was a failure to fulfil the Fund’s own promises to accelerate the reform process, as it had repeatedly stated that if the (already-shifted) January 2015 deadline was not met then staff would publish alternative approaches which would, in effect, bypass the United States’ effective veto. No such proposals have been published to date and another discussion is not planned until the 2015 April meetings of the IMFC.
What this local difficulty masks is the frustration amongst developing countries and in particular the BRICS nations at not just American obstruction but the failure of European states to take a lead. This is unsurprising given that all the measures of determining countries’ share of quota and voting rights in the Fund indicate Europe is still hugely over-represented and rather happy with the status quo as a result. It is little wonder then that the BRICS nations have explicitly linked the need to develop their own alternatives to the Bank and Fund to the unwillingness of industrialised nations to reform governance of the IMF and World Bank in a meaningful fashion.

lunedì 23 febbraio 2015

Swimming With the Sharks: Goldman Sachs, School Districts and Capital Appreciation Bonds

Swimming With the Sharks: Goldman Sachs, School Districts and Capital Appreciation Bonds

Monday, 23 February 2015 10:35 By Ellen Brown, The Web of Debt Blog | News Analysis
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The fliers touted new ballfields, science labs and modern classrooms. They didn't mention the crushing debt or the investment bank that stood to make millions.
Melody Peterson, Orange County Register, February 15, 2013
  
Remember when Goldman Sachs – dubbed by Matt Taibbi the Vampire Squidsold derivatives to Greece so the government could conceal its debt, then bet against that debt, driving it up? It seems that the ubiquitous investment bank has also put the squeeze on California and its school districts. Not that Goldman was alone in this; but the unscrupulous practices of the bank once called the undisputed king of the municipal bond business epitomize the culture of greed that has ensnared students and future generations in unrepayable debt.
In 2008, after collecting millions of dollars in fees to help California sell its bonds, Goldman urged its bigger clients to place investment bets against those bonds, in order to profit from a financial crisis that was sparked in the first place by irresponsible Wall Street speculation. Alarmed California officials warned that these short sales would jeopardize the state's bond rating and drive up interest rates. But that result also served Goldman, which had sold credit default swaps on the bonds, since the price of the swaps rose along with the risk of default.
In 2009, the lenders' lobbying group than proposed and promoted AB1388, a California bill eliminating the debt ceiling requirement on long-term debt for school districts. After it passed, bankers traveled all over the state pushing something called "capital appreciation bonds" (CABs) as a tool to vault over legal debt limits. (Think Greece again.) Also called payday loans for school districts, CABs have now been issued by more than 400 California districts, some with repayment obligations of up to 20 times the principal advanced (or 2000%).
The controversial bonds came under increased scrutiny in August 2012, following a report that San Diego County's Poway Unified would have to pay $982 million for a $105 million CAB it issued. Goldman Sachs made $1.6 million on a single capital appreciation deal with the San Diego Unified School District.
Green Light to Exploit
In a September 2013 op-ed in SFGate.com called "School Bonds Are a Wall Street Scam," attorney Nanci Nishimura wrote:
. . . AB1388, signed by then-Gov. Arnold Schwarzenegger in 2009, [gave] banks the green light to lure California school boards into issuing bonds to raise quick money to build schools.
Unlike conventional bonds that have to be paid off on a regular basis, the bonds approved in AB1388 relaxed regulatory safeguards and allowed them to be paid back 25 to 40 years in the future. The problem is that from the time the bonds are issued until payment is due, interest accrues and compounds at exorbitant rates, requiring a balloon payment in the millions of dollars. . . .
Wall Street exploited the school boards' lack of business acumen and proposed the bonds as blank checks written against taxpayers' pocketbooks. One school administrator described a Wall Street meeting to discuss the system as like "swimming with the big sharks."
Wall Street has preyed on these school boards because of the millions of dollars in commissions. Banks, financial advisers and credit rating firms have billed California public entities almost $400 million since 2007. [State Treasurer] Lockyer described this as "part of the 'new' Wall Street," which "has done this kind of thing on the private investor side for years, then the housing market and now its public entities."
Gullible school districts agreed to these payday-like loans because they needed the facilities, the voters would not agree to higher taxes, and state educational funding was exhausted. School districts wound up sporting shiny new gymnasiums and auditoriums while they were cutting back on teachers and increasing classroom sizes. (AB1388 covers only long-term capital improvements, not daily operating expenses.) The folly of the bonds was reminiscent of those boondoggles pushed on Third World countries by the World Bank and IMF, trapping them under a mountain of debt that continued to compound decades later.
The Federal Reserve could have made virtually-interest-free loans available to local governments, as it did for banks. But the Fed (whose twelve branches are 100% owned by private banks) declined. As noted by Cate Long on Reuters:
The Fed has said that it will not buy muni bonds or lend directly to states or municipal issuers. But be sure if yields rise high enough Merrill Lynch, Goldman Sachs and JP Morgan will be standing ready to "save" these issuers. There is no "lender of last resort" for muniland.
Debt for the Next Generation
Among the hundreds of California school districts signing up for CABs were fifteen in Orange County. The Anaheim-based Savanna School District took on the costliest of these bonds, issuing $239,721 in CABs in 2009 for which it will have to repay $3.6 million by the final maturity date in 2034. That works out to $15 for every $1 borrowed.
Santa Ana Unified issued $34.8 million in CABs in 2011. It will have to repay $305.5 million by the maturity date in 2047, or $9.76 for every dollar borrowed.
Placentia-Yorba Linda Unified issued $22.1 million in capital appreciation bonds in 2011. It will have to repay $281 million by the maturity date in 2049, or $12.73 for every dollar borrowed.
In 2013, California finally passed a law limiting debt service on CABs to four times principal, and limiting their maturity to a maximum of 25 years. But the bill is not retroactive. In several decades, the 400 cities that have been drawn into these shark-infested waters could be facing municipal bankruptcy – for capital "improvements" that will by then be obsolete and need to be replaced.
Then-State Treasurer Bill Lockyer called the bonds "debt for the next generation." But some economists argue that it is a transfer of wealth, not between generations, but between classes – from the poor to the rich. Capital investments were once funded with property taxes, particularly those paid by wealthy homeowners and corporations. But California's property tax receipts were slashed by Proposition 13 and the housing crisis, forcing school costs to be borne by middle-class households and the students themselves.
The same kind of funding shift has occurred in college education nationally. Tuition at public universities and colleges was at one time free. But in successive economic downturns, states have made up for shortfalls in educational budgets by raising tuition. By 2012, tuition was covering 44% of the operating expenses of public higher education. According to a March 2014 report by Demos, 7 out of 10 college seniors now borrow, and their average debt on graduation is over $29,000.  The result nationally is a student debt that has grown to $1.5 trillion.
The State that Escaped: North Dakota  
According to Demos, per-student funding has been slashed since 2008 in every state but one – the indomitable North Dakota. What is so different about that state? Some commentators credit the oil boom, but other states with oil have not fared so well. And the boom did not actually hit in North Dakota until 2010. The budget of every state but North Dakota had already slipped into the red by the spring of 2009.
One thing that does single the state out is that North Dakota alone has its own depository bank. The state-owned Bank of North Dakota (BND) was making 1% loans to school districts even in December 2014, when global oil prices had dropped by half. That month, the BND granted a $10 million construction loan to McKenzie County Public School No. 1, at an interest rate of 1% payable over 20 years. Over the life of the loan, that works out to $.20 in simple interest or $.22 in compound interest for every $1 borrowed. Compare that to the $15 owed for every dollar borrowed by Anaheim's Savanna School District or the $10 owed for every dollar borrowed by Santa Ana Unified.
How can the BND afford to make these very low interest loans and still turn a profit? The answer is that its costs are very low. It has no exorbitantly-paid executives; pays no bonuses, fees, or commissions; pays no dividends to private shareholders; and has low borrowing costs. It does not need to advertise for depositors (it has a captive deposit base in the state itself) or for borrowers (it is a wholesale bank that partners with local banks, which find the borrowers). The BND also has no losses from derivative trades gone wrong. It engages in old-fashioned conservative banking and does not speculate in derivatives. Unlike the vampire squids of Wall Street, it is not motivated to maximize its bottom line in a predatory way. Its mandate is simply to serve the public interest.
North Dakota currently has a population of about 740,000, or the size of Santa Ana and Anaheim combined. If a coalition of several such cities were to form a municipally-owned bank, they too could have their own low-cost capital funding mechanism, allowing them to escape the budget-sucking tentacles of Wall Street's vampire squids.

Ellen Brown

Ellen Brown is an attorney, president of the Public Banking Institute, and author of twelve books including the best-selling Web of Debt. In The Public Bank Solution, her latest book, she explores successful public banking models historically and globally. Her websites are Web of Debt, Public Bank Solution, and Public Banking Institute.

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US government’s new ‘rule’ allows banks to completely make sh*t up

US government’s new ‘rule’ allows banks to completely make sh*t up



Financial-Bank-Account February 23, 2015
Hong Kong


In 1494, a 47-year old Franciscan friar named Luca Pacioli invented something that was revolutionary.
Pacioli was, in fact, a friend and contemporary of Leonardo da Vinci, and the two collaborated frequently.
So you’re probably guessing that Pacioli was a co-designer in Leonardo’s famed flying machine, or a new architectural technique.
On the contrary.
Pacioli’s invention was the double-entry accounting system; in fact he’s known by bean counters today as the father of accounting.
This was a major and much needed innovation at the time.
In the 15th century, Italy was dominating global trade and commerce.
Yet unlike in the centuries before where merchants were primarily transporters and traders of exotic goods, 15th century merchants had essentially become proto-bankers whose primary business was extending and trading credit.
This was a major change in the way that business was done, and it absolutely demanded a new way to keep track of it all.
That’s exactly what Pacioli invented. And his system of accounting is still being used today, over 500 years later.
This was a seminal moment in business history—the near simultaneous birth and convergence of credit-based money, banking, and accounting that would eventually become the global financial system.
It revolutionized everything.
Back then, just as today, few people really understood it. And those who did were often clever enough to find loopholes in the system to hide their fraud. Especially banks.
There are some really stunning (and sometimes hilarious) examples of early banks who learned how to cook their books and misstate their capital using Pacioli’s system.
Curiously very little has changed. Banks still use accounting tricks to hide their true condition.
Bloomberg showcased one such technique last year, exposing the way that many US banks are rebooking their assets from “available for sale (AFS)” to the “held-to-maturity (HTM)” designation.
This is a very subtle move that means nothing to most people.
But to banks, it’s a highly effective way of concealing losses they’ve suffered in their investment portfolios.
Banks ordinarily buy bonds and other securities with the purpose of generating a return on that money until they have to, you know, give it back to their depositors.
That’s why they’re called “available for sale,” because the bank has to sell these assets to pay their depositors back.
But here’s the problem– many of these investments have either lost money, or they soon will be. And banks don’t want to disclose those losses.
So instead, they simply redesignate assets as HTM.
It’s like saying “I don’t care that these bonds aren’t worth as much money as when I bought them because I intend to hold them forever.”
Thing is, this simply isn’t true. Banks don’t have the luxury of holding some government bond for the next 30-years.
This is money they might have to repay their customers tomorrow, which makes the entire charade intellectually dishonest.
That doesn’t stop them.
JP Morgan alone boosted its HTM mortgage bonds from less than $10 million to nearly $17 billion (1700x higher) in just one year. This is a huge shift.
Nearly every big bank is doing this, and is doing it deliberately. This is no accident. And there’s only one reason to do it—to use accounting minutia to conceal losses.
But the accounting tricks don’t stop there. And in many cases they’re fueled by the government.
One recent example is how federal regulators created a new ‘rule’ which allows banks to consciously reduce the risk-weighting they assigns their assets.
The Federal Financial Institution Examination Council recently told banks that, “if a particular asset . . . has features that could place it in more than one risk category, it is assigned to the category that has the lowest risk weight.”
This gives banks extraordinary latitude to underreport the risk levels of their investments.
Bankers can now arbitrarily decide that a risky asset ‘has features’ of a lower risk asset, and thus they can completely misrepresent their investments.
Bottom line, it’s becoming extremely difficult to have confidence in western banks’ financial health.
They employ every trick in the book to overstate their capital ratios and understate their risk levels.
This, backed by a central bank that is borderline insolvent and a federal government that is entirely insolvent.
It certainly begs the question—is it really worth keeping 100% of your savings in this system?
I would respectfully suggest finding a new home for at least a portion of your savings.
After all, it’s 2015. You no longer need to bank in the same place as you live and work.
It’s possible to establish an account offshore—at a safe, stable, well-capitalized bank overseas in a country with no debt.
You might even find that the bank will pay you a reasonable interest rate that actually exceeds inflation (shocking!).
And in many cases you may be able to do all of this without leaving your living room.
It’s hard to imagine anyone would be worse off.

Bernard Lietaer - Why we Need a Monetary Ecosystem

Asymmetrical Reporting: A Trap for the Unwary

Asymmetrical Reporting: A Trap for the Unwary

, The Corporate Counselor
As the regulatory state continues to grow with every passing year, businesses' obligations to provide information to, and file reports/forms with, local, state, and federal governmental agencies increases. Whether it be periodic reporting, e.g., IRS Form 1120, SEC Form 10-Ks, or upon the consummation of a specific transaction or event, e.g., IRS Form 8300, SEC Form 8-K, each filing represents an opportunity to incur a potential liability for incorrect or improper reporting. To that end, each filing also represents justification to the IRS to audit a business (to the extent that justification is needed).
It should come as no surprise that compliance costs make the list of corporate counsel's top concerns. However, reducing compliance costs often comes with an unseen price — the cost of the audit and any attendant fines and penalties that result. Accordingly, corporate counsel is placed in the unenviable position of attempting to balance the unknown risk of future audits and contingent (and often speculative) governmental liabilities with known (and quantifiable) costs of short and medium-term governmental compliance. Indeed, before a governmental audit commences corporate counsel can be viewed as a "chicken little," always attempting to minimize exposure that may never come to pass, while after a governmental audit starts, and there is an internal assessment that there was corporate shortcomings, corporate counsel is blamed with not doing enough. Given these mutually exclusive competing interests, what is a savvy corporate counsel to do?

Avoid Asymmetrical Record-Keeping

The answer is to do more with the limited resources available. While this may seem like a statement of the obvious, understanding where governmental auditors look for evidence of non-compliance, and how to provide evidence of compliance and minimize and/or eliminate evidence of non-compliance is key to minimizing audits and, just as importantly, minimizing the length and intrusiveness of the audit.
One common business practice that often will draw special scrutiny from government auditors is asymmetrical record-keeping (and the related practice of asymmetrical reporting). While such procedures may be justified for business and accounting reasons, asymmetrical record-keeping also may lead auditors to extend an audit or, worse yet, reach audit conclusions that, but for the asymmetrical record-keeping, would not have resulted in fines or penalties being assessed.
Where does asymmetrical record-keeping typically occur? Do the individuals tasked with interacting with the government auditors have sufficient understanding to provide the correct data? And perhaps more importantly, do these individuals sufficiently understand why the record keeping is asymmetrical and do they have the ability to effectively communicate this information?
If corporate counsel is not absolutely confident that he/she is comfortable with the answers to these questions (or if corporate counsel is asking himself/herself these questions for the first time) an internal assessment of the business' capabilities and consideration of how to address any internal weaknesses should be performed.

The Questions to Ask

Starting with the data itself, corporate counsel must have a sufficient understanding of the business information technology (IT) infrastructure and accounting information systems (AIS) within the business to be able to respond to a governmental request. The days are long gone when corporate counsel could rely on IT personnel or lower level accounting staff to be able to assess nature, extent, and scope of the governmental information requests. The reason is that data is often processed into information that suits the information end-user's specific needs. In other words, it might not be entirely clear to the person tasked with responding to the audit what information is actually being provided, and how such information may differ based on certain query parameters. Moreover, the data in its unprocessed form may not impart any useful information; the data itself may be incomprehensible without further refinement, thus necessitating legal and accounting acumen.
For example, accounting records may be kept in accordance with U.S. Generally Accepted Accounting Principles (GAAP), in accordance with International Financial Reporting Standards (IFRS), for cost-accounting purposes, on a cash basis, for federal income tax purposes, or a combination of some, or all, of the above. While U.S. GAAP and IFRS do have some substantial similarities, and have been converging over the years, substantial differences remain.
Cost-accounting differs in key respects from financial accounting, i.e. , GAAP. Cost-accounting is designed for the managers of a business. Since managers of a business make decisions based on the business they are running, there is no need for the information to be comparable to information in other businesses. In contrast, GAAP is designed to provide consistency and comparability among and between businesses. Importantly, cost-accounting need not comply with GAAP. Generally speaking, cost-accounting focuses on operating profit, which is the excess of operating revenues over the operating costs incurred to generate the revenues. Operating profit almost always varies from GAAP net income, which is operating profit adjusted for certain items such as interest, depreciation, amortization, taxes, extraordinary losses or gains, and other adjustments needed to comply with GAAP (or in the case with income taxes with the Internal Revenue Code).
While the data that resulted in the specific accounting information may, or may not, have been the same, the ultimate accounting information will be very different. This asymmetry may be compounded by the fact that business may need to keep two or more "sets of books" for their different reporting obligations. There is nothing uncommon about this practice, but providing information to an IRS auditor what was based on cost accounting, instead of tax accounting (see the "Uniform Capitalization" provision of the Internal Revenue Code – 26 U.S.C. § 263A), could extend an audit as the IRS auditor now has been provided source documentation/information that may directly contradict what was reported on an income tax return. It may take weeks, if not months, to fix the damage and put the audit back on track. At worst, if the mistake is not corrected, the IRS auditor may use the business' own records against it to justify the imposition of additional tax, interest, and penalties.
This problem is exacerbated by governmental auditors who do not have a robust accounting background, or lack the ability to understand the differences or nuances between different accounting methodologies. At times this problems is unavoidable because low level governmental auditors use "check-the-box" audit lists that require auditors to ask for accounting information that is often inappropriate for the audit's purpose. Indeed, the use of audit checklists has taken the discretion away from auditors, resulting in a one-size-fits-all approach leading to incorrect audit findings.
For example, transfer pricing (26 U.S.C. § 482 and 26 C.F.R. § 1.482-1, et seq.) between related business entities has recently been the focus of the IRS, which has bolstered its transfer pricing operations. Transfer pricing is an attempt to approximate what an "arm's-length" transaction would be between unrelated parties. A common method of transfer pricing is the "cost-plus" method, 26 C.F.R. § 1.482-3(d), in which the purchasing entity pays for the goods and from the selling entity at the cost of producing the goods, plus a reasonably commercial mark-up for the production. If the selling entity is audited by the IRS and the wrong information is provided (e.g., the GAAP information is provided instead of the cost-accounting information on which the inter-company agreement was based) the IRS auditor could come to the conclusion that the "correct" arm's-length transaction should have resulted in substantially more income to the U.S.-based entity and, by extension, increased the taxable income underreported and subject to penalties and interests.

More Than Just the IRS

However, problems with asymmetrical record-keeping can cause issues with state and local taxing authorities as well. Using the example above, but shifting the paradigm to high-tax jurisdictions such as California, one can see how a state tax auditor could conclude that a consolidated group of entities has improperly attempted to shift income from his or her state to a low-tax jurisdiction such as Washington, which has no state income tax, or has improperly attempted to shift expenses or deductions from low-tax jurisdictions to high-tax jurisdictions.
Additionally, in the non-income tax environment, U.S. Customs and Border Protection (CBP), under 19 U.S.C. § 1500 and 1401a, is responsible for appraising imported merchandise by ascertaining its proper value and other information. Using a CBP Form 28, ''Request for Information,'' as authorized under 19 C.F.R. § 151.11, CBP can request additional information about imported merchandise from an importer. While CBP does this routinely when the invoice or other documentation does not provide sufficient information for appraisement, CBP also uses supplementation information on value to monitor whether there is no illegal "dumping" of goods into the American market, or to prevent trade-based money laundering.
The automated systems used by CBP to monitor imported merchandise is quite sophisticated and when the reported value of an imported item is outside of an acceptable range it may result in the issuance of a CBP Form 28 (or even a CBP audit or full-scale investigation). CBP will issue Form 28, which among other things, asks for the "[b]reakdown of components, materials, or ingredients by weight and the actual cost of the components at the time of assembly into the finished article."
If the information provided to CBP in response to an audit is inconsistent, e.g. , IFRS information is provided instead of the cost-accounting, with the customs declaration the CBP might conclude that there has been an attempt to avoid duties or break other laws. Further, if the information provided in response to Form 28 is inconsistent with information provided on prior occasions CBP might conclude that there is a significant change or anomaly with the importation of the goods. Indeed, as part of a standard CBP audit, CBP auditors are instructed to request readily available information such as flowcharts, working trial balances, and other financial information. Moreover, CBP auditors are to consider whether there are procedures in place to ensure that additions to declared value, i.e. , price, includes packing, proceeds, royalties, selling commissions, transportation costs, and currency exchange adjustments, to name a few. Thus, providing the correct data is often key to demonstrating compliance and minimizing audit costs.
Further, because governmental agencies share information, it is not uncommon for CBP to provide information to the IRS that may result in an IRS audit (of transfer pricing practices or otherwise), or if an IRS audit is ongoing, the IRS may request the information from CBP.

Conclusion

Understanding the differences and the similarities in the information is key to both providing the correct information in the appropriate context and, just as importantly, being able to articulate the rational and legitimate basis for the inconsistencies in data when a governmental auditor obtains information and applies it in the wrong context.
Joseph A. DiRuzzo III is a senior attorney with Miami law firm Fuerst Ittleman David & Joseph. He may be reached at jdiruzzo@fuerstlaw.com.

Read more: http://www.corpcounsel.com/id=1202718214994/Asymmetrical-Reporting-A-Trap-for-the-Unwary#ixzz3SZUpj7nB

giovedì 19 febbraio 2015

Nomi Prins on Public Banking

Canadian Court Decision Has Revolutionary Implications For Banking

Canadian Court Decision Has Revolutionary Implications For Banking

The mainstream media is vociferously ignoring a recent court ruling in Canada in a case involving two Canadians who sued to restore the Bank of Canada to its original operational philosophy and mission.
The case was originally filed on December 12, 2011 on behalf of members of the Committee for Monetary and Economic Reform (COMER). The suit sought to “restore the use of the Bank of Canada to its original purpose, by exercising its public statutory duty and responsibility. That purpose includes making interest-free loans to the municipal/provincial/federal governments for ‘human capital’ expenditures (education, health, other social services) and/or infrastructure expenditures.” In short, the original mission of the Bank of Canada was to be a public bank.
Since 1974, however, according to the plaintiffs in the case, the Bank of Canada has gradually become a servant of private foreign banks and other corporate interests. The suit also alleges that the Canadian government has used a fallacious accounting method which does not calculate or disclose the total national revenues before transferring back money to corporations in the form of tax credits. Finally, the action alleges that the Canadian government and Bank of Canada acted in concert with the Bank of International Settlements (BIS), the Financial Stability Forum (FSF), and the International Monetary Fund (IMF) to undermine Canadian sovereignty by circumventing the mission of the Bank of Canada--a mission decided upon by Parliament.
But just a few weeks ago, three judges in the Canadian Federal Court of Appeal upheld the justiciability of the plaintiff’s case, meaning that the case has survived an attempt at dismissal, and will move forward.
The Public Banking Institute takes special interest in goings-on in Canada concerning the B of C and the Canadian struggle for public banking. We were proud to host Toronto City Council member Kristyn Wong-Tam at the 2013 Public Banking Conference in Northern California, and to promote the recent, very exciting seminar in Toronto on Public banking.
But the Canadian decision (the decision to allow the case to advance, at least) is also significant because it suggests that a legislative mandate to create a bank in the public interest may be binding--and it is just such a mandate that the public banking movement seeks from city, county, and state officials when public banks are implemented around the nation.
As Ontario activist Jacob Kearey-Moreland wrote about the decision's importance:
We are in a perpetual-debt crisis because we've allowed foreign private interests to control the creation of money and, by extension, federal economic and social policy for their private interests. Banks are guaranteed billions in profits every year as families slide deeper into debt. Forget income splitting; imagine the tax relief once we escape debt bondage and compound-interest payments.
The Public Banking Institute will be following the Canadian case very closely, and working with our allies in Canada to educate and agitate for the kind of banks we need in both countries.

Federal Reserve in Deep Panic over Audit

Special Report

Federal Reserve in Deep Panic over ‘Audit the Fed’

It doesn’t want to defend its decisions.
By 2.13.15
    http://spectator.org/articles/61780/federal-reserve-deep-panic-over-audit-fed
    DonkeyHotey Flickr Creative Commons
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    The governors of the Federal Reserve are in a panic deeper than the ones they supposedly are protecting us from. This week, a few of the financial wizards at the Fed came out to tell the American public why they are against an audit of the Federal Reserve’s monetary policy decisions—and why you should be too.
    Dallas Fed Chief Richard Fisher said on Monday that the Fed is already "audited out the wazoo.” He wasn’t, of course, referring to the kind of audits that proponents of the “Audit the Fed” bills (S. 264/H.R. 24) actually want—audits of the board’s monetary policy decisions. Rather, he was likely referring to the annual audits of the bank’s financial statements, which are conducted by the General Accountability Office. Philadelphia Fed Chief Charles Plosser went out of his way to slam the bill on Monday, too.
    Fed Governor Jerome J. Powell, speaking Monday at Catholic University in Washingon this week, went further, saying that Senator Rand Paul’s “Audit the Fed” bill is merely a “stepping stone towards abolishing the Fed.” Powell added: “There is nothing other than literally having TV cameras in the Fed board room that would be advanced in terms of transparency.”
    Powell is also concerned that if the bill passes, Congress and the GAO would be able to insert themselves into the Fed’s monetary policy decisions, thus compromising the Fed’s beloved independence and making it vulnerable to political meddling.
    But this is a sheer smokescreen, critics point out.
    “If you look at the language of the bill there is nothing in there that gives Congress any new authority over monetary policy,” said Norman Kirk Singleton, vice president of policy for Campaign for Liberty, who attended Powell’s lecture. “It just says there will be transparency. And the Fed’s independent decision-making is actually protected by time...it’s not like a real-time audit.”
    That means no TVs in the Fed’s boardroom.
    Singleton added that many supporters of the bill, which now has 31 cosponsors in the Senate, explicitly reject the idea of abolishing the Fed.
    Additionally, critics such as Heritage Foundation’s Norbert Michel point out that the Fed’s freedom from political pressure is straight hooey, as it has enjoyed a close relationship with the U.S. Treasury in the era of Ben Bernanke. What kind of “independence” from politics is that?
    David Stockman, Ronald Reagan’s director of he Office for Budget and Management, believes that the exact opposite is true, that the Fed has been all too willing to throw its weight around on Capitol Hill. In a recent column, he characterizes Bernanke’s lobbying of Congress in the wake of the financial crisis this way: “Indeed, it was Bernanke and his Wall Street sidekick, Hank Paulson, who went up to Capitol Hill and put a gun to their heads. It was these demagogues who scared the ‘politicians’ witless with a phony alarm that Great Depression 2.0 was just around the corner unless the Fed opened the monetary spigots, and Congress added $700 billion of TARP on top.”
    It’s true that some of the Fed’s fiercest critics want to see it go completely, and they blame it for perpetuating a boom and bust cycle.
    The Austrian School of Economics, for instance, emphasizes the knowledge problem. Mises Institute scholar Mark Thornton explains that when the Fed lowers the interest rate below where the market would set it, this inappropriately sends signals to entrepreneurs to invest, to engage in more lending, and even in new technological processes and business plans. “Ultimately, all of those plans can not have enough resources for all of them to be completed in a way that all of these entrepreneurs achieve their goals,” he said. The only way to correct this imbalance is for companies to eventually to sell off assets, restructure, go bankrupt, or otherwise free up resources.
    Powell, asked about the cycle of boom and bust, replied: “I guess I would really look that question this way: What would life be like without the Fed?” He added that before 1914, when the Fed was created, “there were very severe depressions—depressions that looked a lot more like the Great Depression.”
    For instance, he said the reduction in economic output during the current crisis was only 4 percent, versus 25 percent reduction during the Great Depression. “That kind of thing happened a lot in the 19th century,” Powell said. “You had these hard stops of credit. The banking system would fail. There would be a run on the banks.”
    Thornton notes that these kinds of things did happen in the era before the Fed, but he argues that they were usually quick. In a 1920 depression, for example, he said output of some industrial production, such as steel, went down by more than 20 percent. “But we were out of that depression by some time in 1921,” he said.
    Further, Thornton argues that even before the Fed, the United States didn’t have a free market in banking. “We did have the national banking acts, which created a regulated monetary pyramid where deposits in the big New York City banks could be pyramided on,” he said. It was “federally regulated banking” that “was almost designed to create panics.”
    “Because if people took money out of the New York City Bank in any noticeable amount that would force contractions in regional banks, and in the small local banks, and so you would have these periodic panics,” Thornton said.
    Powell’s second point was that the Fed has done a “good and improving job” at keeping price inflation down for more than 30 years.
    Thornton argues that’s due to an “economic revolution”—computers, digital communications, the downfall of communism, the opening of Eastern Europe, China, and India and their subsequent contributions to output—not Fed policy.

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