Image by Adam Crowe via FlickrANOTHER PAGE FROM BANKERS PLAYBOOK: THE SHADOW KNOWS
Posted on January 25, 2011 by Neil Garfield
ONE ON ONE WITH NEIL GARFIELD
COMBO ANALYSIS TITLE AND SECURITIZATION
QUOTE FROM THOMAS JEFFERSON…
I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.
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SHADOW BANKING WHERE THE BIG AND LONG LASTING DECISIONS ARE MADE
Presidential Pardon Equivalent at the Local Level
Here is a rule of thumb that is 100% reliable — whenever the people are going to get screwed it is happening in the shadows. In finance we even have an institutional name for it — SHADOW BANKING. That is where most of the transactions occur that the largest impact on world commerce and world finance. They call it SHADOW BANKING because it is unregulated and unknown to the general public. It is home to the great recession and the great mortgage meltdown. This is where the economy was trashed but the banks made money on transactions that never happened and nobody cares because it is the appearance of normalcy that we are after not the reality.
So for those of you who want to play detective and be able to predict with accuracy how we are going to get screwed in the future, look for the shadows — the places where the media coverage is slight and where the details are apparently boring. Lawyers know it as Administrative Law. Administrative actions are where the rubber hits the road and nobody looks there. Guess who is paying close attention to administrative actions? The banks, because it is in the rules and regulations, appointments and actions of the administrative agencies that will decide whether the banks can contain any disaster.
LAW 101: Our system of government is set up in an interactive and counterbalancing manner that provides at least the opportunity for adverse interests to be heard. It STARTS with the Constitution. The Constitution is the enabling document that allows the congress and state and local government to make laws. The Constitution is the enabling document that allows the Federal government to enforce those laws.
The second step are the laws themselves. The Congress, State legislatures, County and City governments may pass laws, statutes, ordinances, as long as they don’t violate the principles and restrictions of the Constitution. Those laws, statutes and ordinances enable the creation of agencies (Sheriff, zoning, education, police etc.) and enable those agencies to pass rules and regulations. This where the specifics of the Constitutional principles and restrictions are carried out. The rules and regulations are valid only if they don’t violate the enabling law, statute or ordinance that created them, and only if they don’t violate — in words or in practice — the principles an restrictions of the Constitution.
The third step are rules and regulations of the executive branch of government that will enforce those laws. Those rules and regulations are made in hotel convention rooms where board members hold “public hearings” and in which they accept the arguments of all sides and all people who have something to say. It is here, where the devil is in the details. It is here that the grand principles and restrictions of the Constitution are carried out through implementation of the laws, statutes and ordinances that were validly passed. And it is here that the Banks carry the ultimate sway because they know what you don’t — that showing up, money in hand, is 80% of success in the battle and where the laws, statutes and ordinances can be effectively nullified by creating a maze of rules and regulations that favor special interests.
Not surprisingly, having lost the bulk of the fight at the congressional level the banks are concentrating their efforts first at the State legislative level, second at the executive enforcement level and third in the tiny meetings of unknown Boards with unknown members meeting in hotel rooms that will determine whether the laws will ever go into effect. Off topic example: the Board of Chiropractic in Florida won the right to prohibit Chiropractors from administering injections of vitamins. They can insert a needle into a vein and withdraw blood, they can inject insulin but they can’t inject vitamins. Only MD’s and DO’s can do that. The statute didn’t say anything like that but the Board decided that anyway and the presumption is that the Board is right unless you can prove that they acted improperly.
So don’t be surprised if you find Banks screwing you for even more money (hidden fees) accessing your own account money in your own account even though there are now Federal laws and federal agencies that prohibit such activities. And it is here that the small community banker is failing. Their trade associations are usually controlled directly or indirectly by larger banks whose interests align with the mega banks. And so instead of leveling the playing field they give the large banks greater opportunity to raise barriers to growth of the community bank or credit union.
And don’t be surprised if at the local level, despite all laws and Constitutional restrictions to the contrary, that the foreclosure process allows a non-creditor to submit a credit bid but only if they are a member of the “club.” Don’t be surprised if at the local level they pass surprisingly obtuse recording rules that enable a non-titled owner of a document to record a title instrument naming himself as the owner even if the law says otherwise. Be careful here, warriors, this battle is not done. If you don’t show up and shine a light on what is happening at state and local levels you will have succeeded these last three years in proving you are right but ending up losing anyway.
Show up, bring the press and if they won’t come take your own videos. Nobody likes that when they know they are doing something wrong. Keep track of the schedule of local agencies and don’t be fooled by agenda items that don’t look like they are important. It’s up to you now. There are more of you than there are of them. If you show up in numbers, the game is over for them, and we can take back our society from the death grips of big banks and big business.
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