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Americans warned bank ‘bail-ins’ coming
Experts say institutions will grab deposits without warning
28 Sep 2013 by Clark KentWith the United States facing a $17 trillion debt and an acidic debate in Washington over raising that debt limit on top of a potential government shutdown, Congress could mimic recent European action to let banks initiate a “bail-in” to blunt future failures, experts say.
Previously the federal government has taken taxes from consumers, or borrowed the money, to hand out to troubled banks. This could be a little different, and could allow banks to reach directly into consumers’ bank accounts for their cash.
Authority to allow bank “bail-ins” would be in lieu of approving any future taxpayer bailouts of banks that would be in dire need of recapitalization in order to survive.
Some financial experts contend that banks already have the legal authority to confiscate depositors’ money without warning, and at their discretion.
Financial analyst Jim Sinclair warned that the U.S. banks most likely to be “bailed-in” by their depositors are those institutions that received government bail-out funds in 2008-2009.
Such a “bail-in” means all savings of individuals over the insured amount would be confiscated to offset such a failure.
“Bail-ins are coming to North America without any doubt, and will be remembered as the ‘Great Leveling,’ of the ‘great Flushing’ (of Lehman Brothers),” Sinclair said. “Not only can it happen here, but it will happen here.
“It stands on legal grounds by legal precedent both in the U.S., Canada and the U.K.”
Sinclair is chairman and chief executive officer of Tanzania Royalty Exploration Corp. and is the son of Bertram Seligman, whose family started Goldman Sachs, Solomon Brothers, Lehman Brothers, Bache Group and other major investment banking firms.
Some of the major banks which received federal bailout money included Bank of America, Citigroup and JPMorgan Chase.
“When major banks fail, they are going to bail them out by grabbing the money that is in your bank accounts,” according to financial expert Michael Snyder. “This is going to absolutely shatter faith in the banking system and it is actually going to make it far more likely that we will see major bank failures all over the Western world.”
Given the dire financial straits the U.S. finds itself in, these financial experts say that Congress could look at the example of the European Parliament, which recently started to consider action that would allow banks to confiscate depositors’ holdings above 100,000 euros. Generally, funds up to that level are insured.
Finance ministers of the 27-member European Union in June had approved forcing bondholders, shareholders and large depositors with more than 100,000 euros in their accounts to make the financial sacrifice before turning to the government for help with taxpayer funds.
Depositors with less than 100,000 euros would be protected. Considering protection of small depositors a top priority, the E.U. ministers took pride in saying that their action would shield them.
“The E.U. has made a big step towards putting in place the most comprehensive framework for dealing with bank crises in the world,” said Michel Barnier, E.U. commissioner for internal market and services.
The plan as approved outlines a hierarchy of rescuing struggling banks. The first will be bondholders, followed by shareholders and then large depositors.
Among large depositors, there is a hierarchy of whose money would be selected first, with small and medium-sized businesses being protected like small depositors.
“This agreement will effectively move us from ad hoc ‘bail-outs’ to structured and clearly defined ‘bail-ins,’” said Michael Noonan, Ireland’s finance minister.
The European Parliament is expected to finalize the plan by the end of the year.
The purpose of this “bail-in,” patterned after the Cyprus model, is to offset the need for continued taxpayer bailouts that have come under increasing criticism of the more economically well-off countries such as Germany.
Last March, Cyprus had agreed to tap large depositors at its two leading banks for some 10 billion euros in an effort to obtain another 10 billion European Union bailout.
While this action prevented the collapse of Cyprus’ two top banks, the Bank of Cyprus and Popular Bank of Cyprus, it greatly upset depositors with savings more than 100,000 euros.
WND recently revealed that the practice of “bail-ins” by Cyprus a year ago was beginning to spread to other nations as large depositors began to see their balances plunge literally overnight.
A “bail-in,” as opposed to a bailout that countries especially in Europe have been seeking from the International Monetary Fund and the European Union, is a recognition that such outside monetary injections won’t be forthcoming.
Sinclair said that the recent confiscation of customer deposits in Cyprus was not a “one-off, desperate idea of a few Eurozone ‘troika’ officials scrambling to salvage their balance sheets.”
“A joint paper by the U.S. federal Deposit Insurance Corporation (FDIC) and the Bank of England (BOE) dated December 10, 2012 shows, that these plans have been long in the making, that they originated with the G20 Financial Stability Board in Basel, Switzerland, and that the result will be to deliver clear title to the banks of depositor funds,” Sinclair said.
He pointed that while few depositors are aware, banks legally own the depositors’ funds as soon as they are put in the bank.
“Our money becomes the bank’s, and we become unsecured creditors holding IOUs or promises to pay,” Sinclair said.
“But until now, the bank has been obligated to pay the money back on demand in the form of cash,” he said. “Under the FDIC-BOE plan, our IOUs will be converted into ‘bank equity.’ The bank will get the money and we will get stock in the bank.”
“With any luck,” Sinclair said, “we may be able to sell the stock to someone else, but when and at what price? Most people keep a deposit account so they can have ready cash to pay the bills.”
Such plans already are being used, or under consideration, in New Zealand, Poland, Canada and several other countries.
IRS list reveals concerns over Tea Party ‘propaganda’
WASHINGTON — Newly uncovered IRS documents show the agency flagged political groups based on the content of their literature, raising concerns specifically about “anti-Obama rhetoric,” inflammatory language and “emotional” statements made by non-profits seeking tax-exempt status.
The internal 2011 documents, obtained by USA TODAY, list 162 groups by name, with comments by Internal Revenue Service lawyers in Washington raising issues about their political, lobbying and advocacy activities. In 21 cases, those activities were characterized as “propaganda.”
The list provides the most specific public accounting to date of which groups were targeted for extra scrutiny and why. The IRS has not publicly identified the groups, repeatedly citing a provision of the tax code prohibiting it from releasing tax return information.
DOCUMENT: The IRS list of ‘political advocacy cases’
More than 80% of the organizations on the 2011 “political advocacy case” list were conservative, but the effort to police political activity also ensnared at least 11 liberal groups as of November 2011, including Progressives United, Progress Texas and Delawareans for Social and Economic Justice.
The IRS controversy first exploded in May, when Exempt Organizations Director Lois Lerner admitted that the IRS had targeted Tea Party groups for additional scrutiny beginning in early 2010. The IRS placed a hold on those applications for more than 20 months, an inspector general’s investigation found.
STORY: IRS approved liberal groups while Tea Party in limbo
On Nov. 16, 2011, IRS lawyers in Washington sent a list of cases to front-line agents in Cincinnati, along with comments and guidance on how to handle political organizations.
Tax law experts say those comments appear to show IRS employees trying to apply the murky rules governing political activities by social welfare groups.
But the American Center for Law and Justice, a nonprofit legal institute that represents 23 of the groups appearing on the IRS list, said it appears to be “the most powerful evidence yet of a coordinated effort” by the IRS to target Tea Party groups.
“The political motivations of this are so patently obvious, but then to have a document that spells it out like this is very damaging to the IRS,” said Jay Sekulow, chief counsel for the ACLJ. “I hope the FBI has seen these documents.”
The IRS categorized the groups as engaging in several advocacy-related activities that could have barred them from tax-exempt status, such as lobbying and “propaganda.”
But the word “propaganda” doesn’t appear in section 501(c)(4), which governs the social welfare status that most Tea Party groups were applying for, said John Colombo, a law professor at the University of Illinois. Instead, it appears in section 501(c)(3), which governs public charities.
“There would be no reason I would think to flag them if it’s for a 501(c)(4) status,” Colombo said. “That’s very odd to me.”
STORY: 1959 IRS rule is at the center of Tea Party scandal
In three cases, IRS lawyers noted that groups appeared to be connected to Republican politicians: Stand Up for Our Nation Inc., linked to former Alaska governor Sarah Palin; Reform Jersey Now Inc., linked to Gov. Chris Christie; and American Solutions for Winning the Future, founded by former House speaker Newt Gingrich. Gingrich’s group was approved last year.
Five groups were flagged as having “anti-Obama” materials in their applications or on their websites.
For instance, the IRS said the website of the Patriots of Charleston contains “negative Obama commentary.” Though the IRS didn’t cite examples, a November 2011 article on the group’s site says: “Obama’s and the Democrats’ track record of disaster is based upon a combination of their ignorance and their fundamental desire to convert America into a ruling class of wealthy all-powerful elitists and a single class of serfs.”
“The web site, as we explained to them on multiple occasions, is really a blog” that members can submit commentary to, said Joanne Jones, the group’s vice chairwoman. “I’m not going to tell you we weren’t political. We were to an extent, but we were within the limits of the law. For example, there’s one clear-cut issue: We did not endorse candidates.”
“To focus in on somebody saying something anti-Obama,” she said, “it’s almost like the speech police there. It’s disturbing. It’s the kind of overreach that leads into Obamacare.”
The group received its tax exemption in September 2012.
RHETORIC OF SOME GROUPS QUESTIONED
It wasn’t just anti-Obama rhetoric the IRS was looking out for. Progress Texas was identified by the IRS as engaging in lobbying, propaganda and political activities. IRS lawyers in Washington noted “anti-Rick Perry” rhetoric, referring to the Republican Texas governor, then a presidential candidate.
Progress Texas received a tax exemption as a social welfare group in June, 2012.
Campaign-finance watchdogs say the IRS scrutiny came out of a justified effort to police “dark money” in politics. After the U.S. Supreme Court ruled in 2010 that corporations and unions — and even non-profit groups — could engage in independent political advertising, social welfare groups became a vehicle for funneling undisclosed cash into the election system.
That’s the position of Progressives United, a group founded by former senator Russ Feingold, D-Wis., that itself appeared on the 2011 IRS target list.
“The fact that our group received some scrutiny does not change at all our opinion that scrutiny like this from the IRS, it’s their job. The law applies to us as it would any conservative group,” said Progressives United’s Josh Orton. “I feel like there’s this group of campaign finance nihilists who want to expand this into an argument that there should be no scrutiny at all. They want a wild west of election law, because they want to continue using secret corporate money to influence elections.”
Crossroads GPS, a group affiliated with GOP strategist Karl Rove, spent $70 million on the 2012 election. Its 2010 application for a tax exemption, obtained by the non-profit news organization Pro Publica last year, said it would spend 50% of its resources on “public education.” In the 2011 list, the IRS noted “significant anti-Obama rhetoric.” Crossroads has not received a tax exemption.
‘WE ARE TOTALLY ABOVE BOARD’
The Tea Party of North Idaho filed its tax-exempt application in February, 2010 — the same month IRS screeners in Cincinnati first brought Tea Party applications to the attention of officials in Washington, according to IRS employee testimony before a congressional committee.
A lawyer in the IRS Exempt Organizations Technical Unit in Washington wrote the Idaho group had “No significant amount of clear campaign intervention; however little issue advocacy or educational; significant inflammatory language, highly emotional language, little to no educational information on issues.”
The IRS lawyers recommended that screeners in Cincinnati look for other materials — including “press releases, commentary, articles, and research reports,” according to the IRS list.
That’s when Leslie Damiano, who co-founded the North Idaho group, started getting what she considered to be intrusive questions from the IRS. She said the tax agency wanted to know who her donors were, and what companies they own. They wanted to know the educational background of the group’s board members. And they wanted to know whether candidates were invited to the group’s meetings, and whether it made endorsements.
“We’re a conservative organization. We invited some independents,” she said. “We never had any rallies that were off the charts by any stretch of the imagination.”
Frustrated with the process, the Tea Party of North Idaho withdrew its application in 2012.
“We had an accountant, we had a bookkeeper. We were totally above board with everything we did,” Damiano said.
REDUCING THE NATIONAL DEBT
Some groups caught in the IRS’ net had no connection to national politics on either side. The Citizens for the Preservation of Rural Murrysville says it’s “dedicated to the preservation of the open and natural, rural character of Murrysville, Pa.,” although the IRS said it endorsed some local candidates. The Sarasota Bay Tiger Club is one of several similar Florida clubs that provide “a non-partisan forum on current political issues.” The club says it has “never endorsed political candidates nor advocated a particular ideology,” but the IRS said in its spreadsheet that it was “unclear” if that was the case.
The list also includes the Association to Reduce the National Debt, which was seeking to be recognized as a charity so it could solicit tax-deductible contributions — and give those contributions to the U.S. Treasury to put toward the national debt.
Founder Seth Eisenberg said the group was not political — and he told the IRS that.
IRS tax specialists noted “no political campaign activities.” But two years after applying, the association still hasn’t gotten his ruling letter. And without that letter, contributions are not tax-deductible and no one will give, he said.
All for a group that said it wanted to give the government money.
“I thought this would be a fast-tracked application. A no-brainer. But it got caught up in this whole political controversy,” Eisenberg said. “It’s the greatest irony that ever was.”
Follow @gregorykorte on Twitter.
Spying Blind
The National Security Agency has an intelligence problem: It won’t admit how dumb it is.
AUGUST 16, 2013 BY SHANE HARRISThe Obama administration’s claim that the NSA is not spying on Americans rests on a fundamental assertion: That the intelligence agency is so good at distinguishing between innocent people and evildoers, and is so tightly overseen by Congress and the courts, that it doesn’t routinely collect the communications of Americans en masse.
We now know that’s not true. And we shouldn’t be surprised. The question is, why won’t the NSA admit it?
On Thursday night, the Washington Post released a classified audit of NSA’s intelligence-gathering systems, showing they are beset by human error, fooled by moving targets, and rely on so many different servers and databases that NSA employees can’t keep tabs on all of them.
It had been previously reported that the NSA had unintentionally collected the communications of Americans, in violation of court orders, as it swept up electronic signals in foreign countries. But officials had sought to portray those mistakes as limited, swiftly corrected, and not affecting that many people.
Wrong again.
One of the reasons that the NSA has been able to gather so much power is that the agency has built a reputation over the years for super-smarts and hyper-competence. The NSA’s analysts weren’t just the brainiest guys in the room, the myth went; they were the brightest bulbs in the building. The NSA’s hackers could penetrate any network. Their mathematicians could unravel any equation. Their cryptologists could crack any cipher. That reputation has survived blown assignments and billion-dollar boondoggles. Whether it can outlast these latest revelations is an open question.
The Post found that the NSA “has broken privacy rules or overstepped its legal authorities thousands of times each year since Congress granted the agency broad new powers in 2008…” That’s the year when NSA’s global surveillance system went into hyperdrive. The agency was granted unprecedented authority to monitor communications without individual warrants and to surveil whole categories of people and communications.
Most of the violations affecting Americans’ information were the result what the agency calls “incidental collection.” So how many Americans were caught up in the NSA’s surveillance nets as they were dragged across supposedly foreign targets? The exact number is unclear. But the short answer is: lots and lots of them.
In one instance, a programming glitch collected a “large number” of calls from Washington, D.C, instead of the intended targets in Egypt, according to the audit. Somehow, the area code 202 (for Washington) was keyed instead of 20 (the country code for Egypt.) The NSA’s supposedly discriminating surveillance architecture was undone by a typo.
The audit reveals a recurring problem with human error in the day-to-day operations of global surveillance and shows what a messy and imprecise business it can be. In the first quarter of 2012, 123 incidents of non-compliance with the rules, or 63 percent of those examined, were attributed to human or operator error. These included typographical errors, inaccurate or overbroad search queries, and what the report calls “inaccurate or insufficient research information and/or workload issues.”
Analysts needed more “complete and consistent” information about their targets to avoid errors, the audit found. This suggests that while the NSA’s collection systems are dipping into data streams, the analysts aren’t always equipped to determine who is and isn’t a legitimate target.
The NSA’s systems also have problems knowing when a target is on the move, and possibly has entered the United States. (When he does, different regulations come into play about how the surveillance is authorized and what can be monitored without approval from the court.)
As recently as 2012, NSA was not always able to know when targets using a mobile phone had crossed a U.S. border. These so-called “roamers” accounted for the largest number of technological errors in the violations that were examined.
A problem discovered last year, which appears in the report under the heading “Significant Incidents of Non-Compliance,” helps illustrate how NSA is collecting so much information that it can actually lose track of it and store it in places where it shouldn’t be.
In February 2012, the NSA found 3,032 “files containing call detail records” on a server. A call detail record, or CDR, is analogous to a phone bill. It shows whom was called, when, and for how long. This is metadata, like what’s collected today on all phone calls in the United States.
It’s not clear how many CDRs (each representing an individual) were in each of those files. But they were stored on the server for more than five years, past the cut off point at which the information is supposed to be destroyed, pursuant to NSA rules that are meant to protect the privacy of Americans.
How the records got there is a mystery. The report says they were “potentially collected” under business records orders, which are authorized by the Patriot Act. But that’s not certain.
What is known, however, is that the records were stored with information that shouldn’t have been anywhere near them. It came from the agency’s highly classified Stellar Wind program, which covered the warrantless interception of phone calls and emails (not just their metadata) that was secretly authorized by President George W. Bush in 2001. Joining the CDRs and the Stellar Wind records was data from yet another program that was unrelated to the two.
Mixing or “co-mingling” information obtained from different programs, and under different laws or authorizations, is a dangerous practice in the intelligence profession. Information is segregated to restrict and monitor the number of people who have access to it. An analyst cleared to look at CDRs might not be authorized to listen to phone calls intercepted under Stellar Wind. But if it’s all on the same server, he might be able to do just that.
That may have happened in 2011, according to the audit. Some personnel may have been granted access to a cache of information that was recently modified so that they were no longer allowed to look at it. But not all the employees were informed about the change.
Storing different intelligence streams in one place also increases the risk of revealing valuable sources and methods for how it was obtained–a basic violation of intelligence tradecraft. It also it makes it easier to steal. (Just ask Edward Snowden.)
And segregation creates a bulwark against privacy violations. Information about Americans is generally kept clear of foreign intelligence because the rules on how the former can be used and disseminated are stricter.
But infractions and mistakes weren’t always reported to the NSA’s overseers, either in Congress or at the Foreign Intelligence Surveillance Court. Partly that’s because the NSA doesn’t view unintentional or “incidental” collection of Americans’ communications as a violation of the rules. It was an accident, the result of what the agency called in a previously declassified document “problems [that] generally involved the implementation of highly sophisticated technology in a complex and ever-changing communications environment…” Translation: Surveillance is hard. Our computers aren’t perfect. We acted in good faith.
Not that the court can verify if that’s true. In a candid admission to the Post, the chief judge, Reggie Walton, said he and his colleagues must “rely upon the accuracy of the information” the government provides, and that the court “does not have the capacity to investigate issues of noncompliance…”
In one case where the court did curtail a new kind of surveillance, it was only months after learning that it was put in place. The court deemed the still-undisclosed activities unconstitutional, and the NSA had to make changes before it could restart them.
The NSA is also instructing its employees not to provide full information about infractions to Congress, which is supposed to oversee intelligence collection efforts and ensure they comply with the law.
The newly released documents affirm something we’ve long known: the NSA gathers up large amounts of information on foreigners and U.S. citizens and then tries to separate the proverbial wheat from the chaff, with imperfect results. That’s alarming, but from a technological standpoint, understandable.
What members of Congress and the public may find more troubling is that the NSA wasn’t honest about these shortcomings. Officials hid them from the same judges and lawmakers that President Obama recently said were engaged in a rigorous process of checks and balances that keeps electronic spying within the bounds of the law.
Perhaps that system, like the NSA’s data vacuums, could use a tune up.
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