Advice From Iceland, Ireland and U.K. Regarding Banking / Monetary Reform: "Jail The Bankers"
Advice From Iceland, Ireland and U.K. Regarding Banking / Monetary Reform "Jail The Bankers"
Senior bankers who are "reckless" in taking risks will face prison terms in the U.K., under plans presented by the British government.
The U.K. Treasury said in a report on its efforts to overhaul the nation's banking industry that it is proposing a criminal law to punish "reckless" misconduct by senior bankers. The Treasury also said it was working with regulators to ensure bonuses can be deferred for up to 10 years, and clawed back when a bank is bailed out by the government.
How the new law would work will be hashed out by government officials; an amendment that would put it into effect will be added to the Banking Reform Bill. The bill is expected to be passed in early 2014 and would apply to all banks that have headquarters in the U.K.
In the wake of the financial crisis, the U.K. has taken a particularly tough line with banks, partly because of the industry's size compared with the British economy. The variety of scandals that have tainted British banks in recent years has played a role as well. No European country has so far sought to implement laws to prosecute bankers for being reckless, experts say.
The proposal for the law came as George Osborne, who heads the Treasury, largely endorsed a series of recommendations by a parliamentary commission assigned to improve the banking industry's culture. In a report, the Parliamentary Commission on Banking Standards called for tighter limits on pay, greater competition among lenders and for executives of failed banks to be punished.
It isn't clear how much punch the proposed law will have. Senior bankers rarely sign off on decisions alone, meaning that assigning blame will be difficult, experts say. Equally complicated will be crafting a definition of recklessness that doesn't lead to prison terms for so many employees that people are scared away from the industry.
"This is posturing but it has public support," Barry Vitou, head of the corporate-crime team at law firm Pinsent Masons, said of the plan. The fact that "recklessness" could be interpreted broadly means the law "is potentially quite dangerous," he added.
The Treasury said it would consider reversing the burden of proof, meaning that it will be up to executives to show that they took all reasonable steps to ensure they didn't violate regulations.
The British Bankers' Association said in a statement that any change to the law must be "measured and workable."
British taxpayers pumped more than £100 billion ($149 billion) into bailing out several banks, including Lloyds Banking Group PLC and Royal Bank of Scotland Group PLC, at the height of the financial crisis. Two banking executives have given up their knighthoods but none have been prosecuted, a factor that continues to fuel public ire toward the U.K. finance industry.
Ensuring that top executives are held to account over future bank failures is a key plank in the U.K. government's plan to overhaul the banking sector. It called upon an independent commission to come up with broad proposals in 2011, and set up a cross-party parliamentary group to address culture and standards in the wake of the scandal over attempts to rig interbank interest rates.
Other measures already in the banking bill include partially separating retail banks from investment-banking units.
The U.K.'s move to make executives individually accountable for bank failures is unusual. Some other countries, including Iceland and Ireland, have brought criminal charges against bankers for allegedly fraudulent actions in the lead-up to the financial crisis, but lawyers said they knew of none that have legislation dealing specifically with the role of individuals in bank failures.
Other proposals issued by the Treasury focused on beefing up competition. The Treasury called for the U.K.'s new regulator, the Prudential Regulation Authority, to be charged with increasing competition in the sector. A new payments regulator will urgently examine whether customers should be assigned a "portable" bank-account number, making it easier to switch providers, and whether major U.K. banks should give up their joint ownership of the payments system used to transfer money between accounts in the U.K.
Irelands Bankers Being Arrested and Charged!
Iceland: March 22, 2013
A special prosecutor in Iceland issued indictments against the chief executives and 14 other employees of two banks whose spectacular collapse during the financial crisis of 2008 sent the Icelandic economy into a tailspin. In one of the world’s most ambitious prosecutions stemming from the crisis, the 16 people were charged with manipulating the financial markets and with putting their institutions in jeopardy by flouting internal rules. Among other things, the indictment says they issued loans to friendly companies that in turn used the loans to buy shares in the banks, elevating their stock prices. The people charged faced up to six years in prison.
"Let Me Issue And Control A Nation's Money And I Care Not Who Writes The Laws."
Mayer Amschel Rothschild,
"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 Them Will Deprive The People Of All Property Until Their Children Wake-up Homeless On The Continent Their Fathers Conquered"
Thomas Jefferson,
"It Is Well Enough That People Of The Nation Do Not Understand Our Banking And Monetary System, For If They Did, I Believe There Would Be A Revolution Before Tomorrow Morning."
Henry Ford
Additional Resources And Solutions:
* The Creature From Jekyll Island
* Monetary Reform Act
* Majority Of U.S. States Join Sovereignty Movement, Assert 10th Amendment Rights (Video)
* Abolish Fractional Reserve Banking
* Bernard@libertydollar.org (Liberty Dollar) Subscribe To His Newsletter To Stay On Top Of This Case As It Develops You Can Sign Up Here.
* Book: Ron Paul's Revolution
* What is BitCoin and How Does It Work?
* I.R.S. Can't Identify Law Requiring The Payment Of Income Taxes
Supreme Court Rulings Denying The I.R.S. The Authority To Collect An Income Tax: http://tinyurl.com/m33efj4 (There Are Numerous Other Supreme Court Rulings Stating The Same: http://tinyurl.com/m85te6s).
“We are of opinion, however, that the confusion is not inherent, but rather arises from the conclusion that the 16th Amendment provides for a hitherto unknown power of taxation; that is, a power to levy an income tax which, although direct, should not be subject to the regulation of apportionment applicable to all other direct taxes. And the far-reaching effect of this erroneous assumption will be made clear…” Brushaber v. Union Pacific R.R., 240 U.S. 1, 11 (1916)
* America From Freedom To Fascism (Video):
See Video Section 25:00 Minutes To 30:00 To See Actual Proof Demonstrating That The I.R.S. Has No Legal Authority For The Collection Of Income Taxes, Seizure of Property For Non-Payment, Audits Of Citizens Tax Filings, etc.: http://youtu.be/gKToYTOE128
The I.R.S. Also Fails To Actually Define Income: See Video Section 32:41
Feel free to send this letter to the White House (Fax: 202-456-2461), your congressman and/or senator, etc.
(Edit where necessary)
To Barack Obama,
On top of everything else you have to contend with.. I think It's high-time we address the issue of "monetary reform" it seems that the banking system "cartel" have their own agenda (world domination?) in terms of what they (the Federal Reserve and the Central Bankers, etc.) want to see happen to the U.S and the world's monetary system vs what the American people actually expect from these same institutions.
We (you, the Whitehouse and I) need to urgently communicate the message that there is a major problem with these institutions and how they operate (fiat currency, fractional reserve banking, debt-issuance, engineered boom and bust cycles, etc.).
You already should and will achieve legendary status because of what you've accomplished with healthcare reform, capturing Osama Bin Ladin, etc.
However, to take on the banking cartel with the help of the eager youth of today, the Internet, virtual currencies, etc. You will rival Thomas Jefferson and Andrew Jackson, for they knew and admitted publicly what central banking meant for democracy.
We are in a prime position to actually prepare the USA and lead the world into the 21st century by reforming the monetary system even if it means abolishing the Federal Reserve.
What do I need to do to help out in this effort and how can we (you, the Whitehouse) and the American people do to finally fix this last and critical area of economic manipulation.
Please Advise,
Monty Henry, Owner
DPL-Surveillance-Equipment.com LLC
(818) 298-3292
-------------------------------------------------
Barack Obama / White House Response: Date: Thu, 19 Sep 2013 22:00:07 -0400
Dear Monty:
Thank you for writing. I have heard from many Americans about financial reform and the unfair practices of financial institutions, and I appreciate your perspective.
For too long, Wall Street firms were not held accountable, financial dealings were not transparent, consumers and shareholders were not given enough information and authority to make decisions, and Government did not have the appropriate tools to close down failing financial firms without bailing them out. That is why I went to Wall Street before this crisis hit and called for common-sense reforms to protect Americans and our economy, and why I am proud to have signed into law the most comprehensive package of financial reforms in decades, including the strongest consumer protections in our Nation’s history.
Wall Street reform brings greater security to hardworking people on Main Street—from families looking to buy their first home or send their kids to college; to small businesses, community banks, and credit unions who play by the rules; to shareholders and investors who want to see their companies grow and thrive. One of the central aspects of reform was the creation of the Consumer Financial Protection Bureau, which will empower all Americans with the clear and concise information they need to make the best financial decisions for themselves and their families. This bureau will crack down on abusive and deceptive practices, ensuring that Americans are not unwittingly caught by overdraft fees or unfair rate hikes, students who take out loans have clear information, and lenders do not cheat the system. It also gives Americans free access to their credit score if they are denied a loan or insurance, or given a higher interest rate, because of that score. To learn more about the Consumer Financial Protection Bureau and how it can help you, or to file a consumer complaint, please visit www.ConsumerFinance.gov or call 1-855-411-CFPB.
These new consumer protections build upon the landmark Credit Card Accountability, Responsibility, and Disclosure Act (Credit CARD Act), which I signed during my first year in office. This law helps American families and businesses by requiring card issuers to give fair notice about payment due dates and changes in fees. It also bans most rate hikes within the first year of opening an account. To learn more about credit card reform, visit www.FederalReserve.gov/ConsumerInfo.
Because of these reforms, the American people will never again be asked to foot the bill for the excessive risk-taking of some on Wall Street. There will be no more taxpayer-funded bailouts. By laying the foundation for a stronger, safer financial system that is innovative and competitive, our Nation will reach a more secure and prosperous future.
Thank you, again, for writing. To learn more about how financial reform affects you, please visit www.FinancialStability.gov. For more information on consumer protections, credit management, and retirement planning, please visit www.MyMoney.gov or www.WhiteHouse.gov/Economy, or call 1-888-MYMONEY.
Sincerely,
Barack Obama
-------------------------
Unfortunately, president Barack Obama totally missed the point on this one.
The reason why our financial/monetary system is in complete disarray is because there are no real penalties for bankers who take advantage of the system/rules/laws.
Ordinary citizens go to prison for committing identical crimes. However, bankers settle out of court without even admitting guilt.
See below for another country's views on what to do about these Bankers/criminals and how they dealt with them and the institutions they manage:
Iceland Did It Right … And Everyone Else Is Doing It Wrong
Nobel prize winning economist Joe Stiglitz notes:
What Iceland did was right. It would have been wrong to burden future generations with the mistakes of the financial system.
Nobel prize winning economist Paul Krugman writes:
What [Iceland's recovery] demonstrated was the … case for letting creditors of private banks gone wild eat the losses.
Krugman also says:
A funny thing happened on the way to economic Armageddon: Iceland’s very desperation made conventional behavior impossible, freeing the nation to break the rules. Where everyone else bailed out the bankers and made the public pay the price, Iceland let the banks go bust and actually expanded its social safety net. Where everyone else was fixated on trying to placate international investors, Iceland imposed temporary controls on the movement of capital to give itself room to maneuver.
Krugman is right. Letting the banks go bust – instead of perpetually bailing them out – is the right way to go.
We’ve previously noted:
Iceland told the banks to pound sand. And Iceland’s economy is doing much better than virtually all of the countries which have let the banks push them around.
Bloomberg reports:
Iceland holds some key lessons for nations trying to survive bailouts after the island’s approach to its rescue led to a “surprisingly” strong recovery, the International Monetary Fund’s mission chief to the country said.
Iceland’s commitment to its program, a decision to push losses on to bondholders instead of taxpayers and the safeguarding of a welfare system that shielded the unemployed from penury helped propel the nation from collapse toward recovery, according to the Washington-based fund.
***
Iceland refused to protect creditors in its banks, which failed in 2008 after their debts bloated to 10 times the size of the economy.
The IMF’s point about bondholders is an important one: the failure to force a haircut on the bondholders is dooming the U.S. and Europe to economic doldrums.
The IMF notes:
[The] decision not to make taxpayers liable for bank losses was right, economists say.
In other words, as IMF put it:
Key to Iceland’s recovery was [a] program [which] sought to ensure that the restructuring of the banks would not require Icelandic taxpayers to shoulder excessive private sector losses.
Icenews points out:
Experts continue to praise Iceland’s recovery success after the country’s bank bailouts of 2008.
Unlike the US and several countries in the eurozone, Iceland allowed its banking system to fail in the global economic downturn and put the burden on the industry’s creditors rather than taxpayers.
***
The rebound continues to wow officials, including International Monetary Fund chief Christine Lagarde, who recently referred to the Icelandic recovery as “impressive”. And experts continue to reiterate that European officials should look to Iceland for lessons regarding austerity measures and similar issues.
Barry Ritholtz noted last year:
Rather than bailout the banks — Iceland could not have done so even if they wanted to — they guaranteed deposits (the way our FDIC does), and let the normal capitalistic process of failure run its course.
They are now much much better for it than the countries like the US and Ireland who did not.
Bloomberg pointed out February 2011:
Unlike other nations, including the U.S. and Ireland, which injected billions of dollars of capital into their financial institutions to keep them afloat, Iceland placed its biggest lenders in receivership. It chose not to protect creditors of the country’s banks, whose assets had ballooned to $209 billion, 11 times gross domestic product.
***
“Iceland did the right thing … creditors, not the taxpayers, shouldered the losses of banks,” says Nobel laureate Joseph Stiglitz, an economics professor at Columbia University in New York. “Ireland’s done all the wrong things, on the other hand. That’s probably the worst model.”
Ireland guaranteed all the liabilities of its banks when they ran into trouble and has been injecting capital — 46 billion euros ($64 billion) so far — to prop them up. That brought the country to the brink of ruin, forcing it to accept a rescue package from the European Union in December.
***
Countries with larger banking systems can follow Iceland’s example, says Adriaan van der Knaap, a managing director at UBS AG.
“It wouldn’t upset the financial system,” says Van der Knaap, who has advised Iceland’s bank resolution committees.
***
Arni Pall Arnason, 44, Iceland’s minister of economic affairs, says the decision to make debt holders share the pain saved the country’s future.
“If we’d guaranteed all the banks’ liabilities, we’d be in the same situation as Ireland,” says Arnason, whose Social Democratic Alliance was a junior coalition partner in the Haarde government.
***
“In the beginning, banks and other financial institutions in Europe were telling us, ‘Never again will we lend to you,’” Einarsdottir says. “Then it was 10 years, then 5. Now they say they might soon be ready to lend again.”
And Iceland’s prosecution of white collar fraud played a big part in its recovery:
[The U.S. and Europe have thwarted white collar fraud investigations ... let alone prosecutions.] On the other hand, Iceland has prosecuted the fraudster bank heads (and here and here) and their former prime minister, and their economy is recovering nicely … because trust is being restored in the financial system.
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