Mar
17

Pelosi’s Plan to Violate the US Constitution

This Washington Post headline yesterday is all you need to know about how corrupt the process has become to pass ObamaCare by any means necessary this week: “House may try to pass Senate health-care bill without voting on it.”

Huh? You read that correctly. Because Speaker Pelosi cannot find enough votes to pass the deeply unpopular ObamaCare bill in a constitutional way, she is hoping you and other Americans won’t notice, or won’t care, whether she passes ObamaCare in an unconstitutional and blatantly corrupt way.

Her latest plan is called the “Slaughter Rule”, which would allow the House to vote on a different bill and “deem” the Senate’s ObamaCare bill as being “passed” at the same time as the other bill is passed, without having an actual up and down vote on the ObamaCare bill.

Said Pelosi in an interview: “It’s more insider and process-oriented than most people want to know….but I like it, because people don’t have to vote on the Senate bill.”

Pelosi may like “deeming” laws passed, but passing laws without voting on them is blatantly unconstitutional. As former federal judge Michael McConnell wrote in the Wall Street Journal, “It may be clever, but it is not constitutional. To become law…the Senate health-care bill must actually be signed into law. The Constitution speaks directly to how that is done. According to Article I, Section 7, in order for a “Bill” to “become a Law,” it “shall have passed the House of Representatives and the Senate” and be “presented to the President of the United States” for signature or veto. Unless a bill actually has “passed” both Houses, it cannot be presented to the president and cannot become a law.”

Speaker Pelosi and President Obama are counting on you, your friends, and your family not to notice or care that they are doing this. That’s why together, we must get the truth out and tell everyone that we know about what they are trying to do.

This is just one more example of the bribery and corruption that has been used to try and pass ObamaCare, like the Cornhusker Kickback and the Louisiana Purchase. If they are willing to corrupt our constitutional system right before our eyes to pass Obamacare, why should we have any confidence that they won’t corrupt your healthcare when nobody is paying attention?

Aug
06

You’re rights are being stepped on… you gonna fight back?

Can I file a complaint against Obama for assault and battery? Don’t I wish…

I don’t know about you but I know those I talk to are really upset and there is a palpable rage growing that I know is real.

I have a fairly unique perspective in that I have regular business relationships with community leaders in at least 15 states. These men and women are very in touch with their communities and could pretty quickly give you some characterizations of how people are feeling… how things are going… what are people angry about… what people are happy about, etc. etc.

I’m going to be inviting all of them to come to this forum and share what’s going on from their perspective.

Why is this important? Well, I truly believe we are facing an all-out assault on our constitution. Like, it’s happening right now… I really believe we have to truly “get in the fight” right now or we will lose valuable ground to people who want to legislate and tax us to no end - their policies will absolutely lead to a diminished America.

I’m sure that those who fought our previous wars didn’t “want” to have to leave comforts of home or work hard, train long and ultimately “sacrifice” their life and the comforts of home but it became a crisis of moral necessity. Do not make the grave mistake of thinking that we can’t literally go back 200 years in short form from a freedom perspective. A revolution is what we need now. A peaceful one in hopes that a peaceful revolution will prevent a bloody one.

We are blessed that, at current, we do not literally need to bear arms and fight a bloody revolution because the oppression hasn’t grown to that level yet. If we are lazy, apathetic and simply choose to remain in this “fog of materialistic pleasure” and forget how much blood has had to be spilled to have these freedoms, well, if that happens, I believe these freedoms will disappear.

Please, do not let us as a nation, be ignorant of World History and American History. Don’t let us be the generation that history looks back on and says, “they just fell asleep at the wheel and didn’t stop it when it should have. Now look at all the pain and blood we’ve had to give to try and get what they had back.”

I pray we don’t convey that terrible price to our kids or grandchildren but that may become reality unless we do act; and we WILL.

So, get involved in this and in your communities. It’s that important that it demands you give “getting involved” some of your time. Make a conscious, daily effort to be a defender of liberty and our precious constitutional rights. Protect them vigorously.

YOU NEED TO WATCH THE VIDEO BELOW.

Mar
18

Q&A on the New $8000 Homebuyer Tax Credit

Here are answers from IRS officials and tax advisers to some questions about the credit.

Q: Who can claim the credit?

A: In general, the IRS says you may be eligible if you bought your main home, located in the U.S., after April 8, 2008, and before Dec. 1, 2009 — and if you (and your spouse, if you’re married) haven’t owned any other main home during the three-year period ending on the date of purchase. That means you might be eligible even if you owned a home for many years before that period.

However, there are numerous other qualifications.

Q: How much is the credit?

A: That depends on when you bought the home and other factors, such as your income and the home’s price.

If you bought during the 2008 period and qualify for the credit, the maximum credit is generally $7,500. But it’s only half that amount if you’re married and filing separately from your spouse. Even though it’s called a credit, it’s really an interest-free loan. You generally have to repay it over a 15-year period, without interest, in 15 equal installments, the IRS says. (There are several exceptions to this repayment rule. We warned you this was tricky.)

The rules are more generous if you buy a new home during the 2009 period and meet all the qualifications. In that case, the maximum amount generally is $8,000, or half that amount if you’re married filing separately. More important, you don’t have to repay the credit at all unless that home “ceases to be your main home within the 36-month period beginning on the purchase date,” the IRS says.

Initially, there was some confusion about whether the $8,000 maximum credit would apply if someone bought a home in 2009 and chose to claim the credit on their return for 2008. It’s now clear the $8,000 maximum limit does indeed apply, says Mark Luscombe, principal tax analyst at CCH, a Wolters Kluwer business. Naturally, though, “this doesn’t help people who actually bought homes in the 2008 qualifying period, and who are limited to a $7,500 credit that must be repaid,” he says.

Additionally, the credit generally is limited to the amounts mentioned above — or 10% of the home’s purchase price, whichever is less. For example, if you bought a new home this year for $70,000, the maximum amount of the credit would be limited to 10% of that amount, or $7,000.

Q: How do the income limits work?

A: You may be eligible for the full amount of the credit if your adjusted gross income, with certain modifications, is $75,000 or less — or $150,000 or less if married and filing jointly. However, the credit begins to disappear, or “phase out,” if your income exceeds those amounts. You can’t claim the credit at all if your income is $95,000 or more, or $170,000 or more if married and filing jointly, the IRS says.

Q: What if I built a new home? How does that work?

A: You are considered having purchased it “on the date you first occupied it,” the IRS says.

Q: I own more than one home. How do I figure out which is my “main” home? And does it have to be a house?

A: The IRS says your main home is “the one you live in most of the time.” No, it doesn’t have to be a house. It can be “a house, houseboat, house trailer, cooperative apartment, condominium, or other type of residence.”

Q: Are there are other qualifications?

A: Yes. You can’t claim it if your home is located outside the U.S. You also aren’t eligible if you’re a nonresident alien, if you inherited the home or got it as a gift, or if you acquired it from a “related person,” such as your spouse, parents or grandparents.

Q: Will the credit help me if I don’t owe any tax?

A: Yes. The credit “may give you a refund” even if you owe no tax, the IRS says.

Q: What form do I use?

A: Form 5405. The IRS recently revised it and posted it on its Web site (www.irs.gov), along with instructions. Dean Patterson, an IRS spokesman, says “programming is being done to electronically process Form 5405″ to claim the $8,000 credit for homes bought in 2009. The IRS “will be able to process these returns electronically beginning March 30″ this year, he says.

Q: Where do I put the credit on my Form 1040?

A: Line 69.

Q: I’ve already filed my return for 2008. Can I still claim it? If so, how?

A: Yes. File what’s known as an “amended” return. Use Form 1040X, and attach Form 5405.

Q: If I buy this year, should I claim the new credit on my 2008 or 2009 tax return?

A: That can be tricky, and you may need to consult a tax pro. In general, most people who buy this year and qualify for the new credit probably will want to take it on their tax return for 2008, says Tax Mam’s Claudia Hill. “They’ll get their money more quickly,” she says.

But some people might be better off claiming the credit on their 2009 returns. These would include eligible homebuyers who buy this year, whose financial circumstances changed during 2009 and who might qualify for a larger credit on their returns for 2009 than the prior year. An example would be someone whose income was too high to get any of the credit for 2008 but who recently lost his job and thus would be eligible for the full credit on his 2009 return, to be filed next year.

Jan
29

Porky Pig’s Stimulus Bill

The term pork barrel politics usually refers to spending that is intended to benefit constituents of a politician in return for their political support, either in the form of campaign contributions or votes. Typically, “pork” involves funding for government programs whose economic or service benefits are concentrated in a particular area but whose costs are spread among all taxpayers. [Source: Wikipedia]

“That’s all folks!”

This is exactly what you can say if the American people allow Congress and Pres. Obama to pass this “stimulus” bill. What a joke… this has nothing to do with stimulus and everything to do with PORK! Any politician that votes “yes” on this bill will assume the title of “PIG.”

So, here’s how the World’s Biggest Pork Chop is cut up…

• $819 billion total (as of 1/28/09)
• $550 billion in new spending, described as thoughtful and carefully targeted priority investments with unprecedented accountability measures built in.
• $275 billion in tax relief ($1,000 tax cut for families, $500 tax cut for individuals through SS payroll deductions)
• $ 90 billion for infrastructure
• $ 87 billion Medicaid aid to states
• $ 79 billion school districts/public colleges to prevent cutbacks
• $ 54 billion to encourage energy production from renewable sources
• $ 41 billion for additional school funding ($14 billion for school modernizations and repairs, $13 billion for Title I, $13 billion for IDEA special education funding, $1 billion for education technology)
• $ 24 billion for “health information technology to prevent medical mistakes, provide better care to patients and introduce cost-saving efficiencies” and “to provide for preventative care and to evaluate the most effective healthcare treatments.”
• $ 16 billion for science/technology ($10 billion for science facilities, research, and instrumentation; $6 billion to expand broadband to rural areas)
• $ 15 billion to increase Pell grants by $500
• $ 6 billion for the ambiguous “higher education modernization.”

[Source: Committee on Appropriations: January 15, 2009]

Doesn’t sound so bad, right? That’s why they just bullet point these BILLIONS in the broad strokes. But…

Here is a further breakdown of the Porky Package:

  • $1.1$ Billion to SAVE AMTRAK
  • $600 Million to purchase vehicles for the federal government
  • $400 Million for Global Warming Research
  • $2.4 Billion for Carbon Capture and Sequestration Technology Demonstration Projects
  • $350 Million for Research into using Renewable Energy to power weapons systems and military bases
  • $500 Million for Energy Efficient Manufacturing Demonstration Projects
  • $3 Billion to the National Science Foundation
  • $1.9 Billion to the Department of Energy for basic research into the physical sciences
  • $600 Million to NASA
  • $650 Million to help households convert to Digital TV
  • $400 Million for NOAA Habitat Restoration
  • $500 Million to the Bureau of Indian Affairs to address maintenance backlogs at public facilities

When is the money being is going to be spent, and on what?

The government wouldn’t be able to spend at least one-fourth of a proposed $825 billion economic stimulus plan until after 2010 (oh yeah, there’s the stimulus we need! let’s wait for 2 years to see how bad this thing can get!), according to a preliminary report by the Congressional Business Office that suggests it may take longer than expected to boost the economy. The government would spend about $26 billion of the money this year and $110 billion more next year, the report said. About $103 billion would be spent in 2011, while $53 billion would be spent in 2012 and $63 billion between 2013 and 2019 (What the hell are these flippin politicians smoking? This is unreal. Is it just me or do you ask yourself the same things? I mean, really… what reality do these guys live in?)

• Less than $5 billion of the $30 billion set aside for highway spending would be spent within the next two years, the CBO said.

• Only $26 billion out of $274 billion in infrastructure spending would be delivered into the economy by the Sept. 30 end of the budget year, just 7 percent.

• Just one in seven dollars of a huge $18.5 billion investment in energy efficiency and renewable energy programs would be spent within a year and a half.

• About $907 million of a $6 billion plan to expand broadband access in rural and other underserved areas would be spent by 2011, CBO said.

• Just one-fourth of clean drinking water projects can be completed by October of next year.

• $275 billion worth of tax cuts to 95 percent of filers and a huge infusion of help for state governments is to be distributed into the economy more quickly.

[Note: The CBO's analysis applied only to 40 percent of the overall stimulus bill, and doesn't cover tax cuts or efforts; a CBO report outlining all of its costs is expected in the next week or so.]

The Obama administration said $3 of every $4 in the package should be spent within 18 months to have maximum impact on jobs and taxpayers; if House or Senate versions of the bill do not spend the money as quickly, the White House will work with lawmakers to achieve the goal of spending 75% of the overall package over the next year and a half.

[Source: AP: Three-quarters of stimulus to go in 18 months; January 22, 2009; Bloomberg News: Much of Stimulus Wont Be Spent Before 2011, CBO Says; January 20, 2009; link]

Now that you have had your fill of Pork, what do you say we all go PIG OUT? -  I think we deserve it because the politicians sure seem to be ‘eatin good these days.

Jan
14

Bank of America to get Billions in US Aid

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Everyday, I read the headlines and half of me can’t believe what’s happening… and it keeps happening; the other half completely believes this madness. Our government officials are out of control. They’ve lost it… I mean completely lost their marbles but we’re to blame because we’ve elected these looney tunes to office and we continue to do so. The average American is being fleeced. We are going to get taxed beyond comprehension. Mark my words. It’s coming. It will come in all sorts of nasty realities. We’re on the hook for $700 Billion. $350 Billion has just been slammed through the system. Gone. And what do we have as a result? More foreclosures, more write-downs, more people losing their homes, their jobs.

And today, I get the word… us taxpayers are going to fund some more acquisitions. The M&A Departments are singing all the way to the bank – oh, excuse me, they are the bank… Bank of America was going to buy Merrill Lynch BUT they got cold feet. The bank, already the recipient of $25 billion in committed federal rescue funds, said that it was unlikely to complete its Jan. 1 purchase of the ailing Wall Street securities firm because of Merrill’s larger-than-expected losses in the fourth quarter, according to a person familiar with the talks.

So our good friend and consumer advocate, Hank Paulson, is coming to the rescue. “We can’t let this happen! Bank of America needs more! $25 Billion isn’t enough. The US economy will crash if Merrill Lynch fails and B of A doesn’t complete this M&A! Get ‘em more… get ‘em more!”

Since when did it become OK for the US taxpayer to fund a private company’s buyout of another private company? Excuse me? I don’t give you permission to use my tax dollar to do this! I sure hope someone out there has something to say about this. Write your US Senator… Write your Congressman/woman… Let them all know that they are going to  lose their seat if they continue to back this craziness. We’ve got to send strong messages. We’ve got to get out of our comfort zones of being too busy to get involved and start the barrage of emails and phone calls. Folks, this is the only way. It’s going to take a concerted effort from the masses. YOU have to do your part and hold your friends, family, neighbors and co-workers accountable to the same.

For more on the latest B of A news… read this article from the Wall Street Journal.

Wednesday, January 14, 2009
WASHINGTON — The U.S. government is close to finalizing a deal that would give billions in additional aid to Bank of America Corp. to help it close its acquisition of Merrill Lynch & Co., according to people familiar with the situation.

Discussions over these funds began in mid-December when Bank of America approached the Treasury Department. The bank, already the recipient of $25 billion in committed federal rescue funds, said that it was unlikely to complete its Jan. 1 purchase of the ailing Wall Street securities firm because of Merrill’s larger-than-expected losses in the fourth quarter, according to a person familiar with the talks.

Treasury, concerned the deal’s failure could affect the stability of U.S. financial markets, agreed to work with the Charlotte, N.C., lender on the “formulation of a plan” that includes new capital from the $700 billion Troubled Asset Relief Program, according to the person familiar with the talks. The amount and terms are still being finalized, this person said. Details are expected to be announced with Bank of America’s fourth-quarter earnings, due out Tuesday.

Any possible arrangement might protect Bank of America from losses on Merrill’s bad assets. There would be a cap on the amount of losses the bank would have to absorb, with the federal government being on the hook for the remainder, said one person familiar with the matter.

Both the Federal Reserve and the Federal Deposit Insurance Corp., alongside the Treasury, are involved in the negotiations, say people familiar with them. That suggests that the aid could take a similar form to the hand extended to Citigroup Inc. late last year.

The commitment of funds is further evidence of the banking system’s delicate condition and its hunger for more capital, despite billions of dollars already invested in financial institutions by the government. So far, the U.S. has already injected $25 billion into Bank of America, which includes $10 billion that Merrill Lynch would have received if the sale to Bank of America had not closed.

The talks with Bank of America were driven by Treasury Secretary Henry Paulson, people familiar with the matter said, because he was concerned that without help the deal wouldn’t close, leaving Merrill adrift. When the merger closed at the beginning of this year, it was with the understanding the two sides would hammer out a plan afterwards, said a person familiar with the talks.

The Treasury has committed the entire first half of its TARP funds, although some of it remains unspent. Earlier this week, President George W. Bush formally notified Congress that he was seeking access to the second half of the funds on behalf of President-elect Barack Obama. Congress has yet to release the money.

One person familiar with the matter said Bank of America would receive TARP funds, making use of the difference between the money committed and spent. In essence, as it did with aid to Detroit, the Bush administration is spending funds not yet approved by Congress that would otherwise go to an Obama Treasury.

Lawmakers, who are widely unhappy with how the TARP program has been run, have spent the week discussing what kinds of new conditions they would like to impose on recipients of funds in the second tranche. They would like to see more spending on aid for homeowners. Obama officials have expressed their desire to gain access to the additional funds quickly. A key vote in the Senate could come Thursday or Friday.

Federal Reserve Board Chairman Ben Bernanke said Tuesday that he’d like to see much of the second half spent to support the financial system, where continuing weakness is causing alarm among policymakers.

In the end, investors and financial institutions could face as much as $2 trillion of losses from bad U.S. loans and bonds, far more than anybody thought even a few months ago. A sustained recovery for markets and the economy is unlikely until the hole is filled. Bank stocks are falling sharply as investors come to grips with the worsening outlook for loan losses.

Analysts at Goldman Sachs were the latest to raise estimates of potential U.S. loan losses. In a report released late Tuesday night, Goldman economists estimated that losses from delinquent U.S. residential mortgages alone would hit $1.1 trillion as home prices sink, up from an earlier estimate of $780 billion.

Add in losses from commercial real estate, credit cards, auto debt and business debt, and Goldman’s loan-loss estimate hits $2.1 trillion. Only half of those losses have yet been recognized. Many will be borne by investors and banks overseas. The estimate doesn’t count losses that U.S. institutions will take on bad overseas loans that they hold.

Bank of America is expected by some analysts to report a loss for the fourth quarter, or at least a smaller profit than expected. It is not known exactly how much Merrill lost in the same time period. Merrill’s problems largely stem from the deterioration of assets on its books and trading losses, said a person familiar with the matter.

Bank of America’s heft and diversity helped buffer it through the early stages of this financial crisis. But the U.S. bank is now broadly exposed to the nation’s economic ills. With its recent acquisitions of troubled California mortgage lender Countrywide Financial Corp. and Merrill, the bank is now a major player in every corner of the battered U.S. financial system. It has its hand in credit cards, home mortgages, underwriting, merger advice and wealth management, all areas that are under stress during one of the deepest recessions since World War II.

The deal between Bank of America and Merrill was forged during the hectic weekend last September that saw Lehman Brothers Holdings Inc. collapse and giant insurer American International Group Inc. start to unravel. Merrill Chief Executive John Thain, worried his firm would be next, pressed for a quick deal.

In the aftermath of Bank of America’s acquisition of Merrill — valued at $50 billion when it was announced and worth $19.36 billion when it closed — its chief executive, Kenneth D. Lewis, was viewed as a savior of the financial-services industry, having rescued both Merrill and Countrywide without government assistance. Mr. Lewis had also argued that Bank of America didn’t need the first round of federal rescue funds that the Treasury offered last fall.

“These were funds we did not need and did not seek,” Mr. Lewis told employees late in 2008.

The request for additional funds may feed criticism that Mr. Lewis overreached during a time of crisis to expand his operation. Mr. Lewis “has hit a stumbling block here — the economy,” said Nancy Bush, a banking analyst with NAB Research LLC in Annandale, N.J. “I think he will have to stop doing deals.”

Analysts, worried about rising unemployment and a pullback by U.S. consumers, have been slashing Bank of America’s estimates for the fourth quarter. Some are predicting a loss and arguing that Bank of America will be forced to cut its dividend once again as a way of shoring up capital.

Jeffrey Harte of Sandler O’Neill & Partners revised his fourth-quarter forecast this week to a loss, citing capital-markets losses and rising credit costs. He predicted $2.3 billion in write-downs associated with collateralized debt obligations and subprime-mortgage-backed securities. Citigroup Inc. analyst Keith Horowitz said the bank might record a $3.6 billion fourth-quarter loss.

Bank of America is also reeling from two high-level Merrill departures within a week and concerns about cultural tensions between the two firms.

Mr. Lewis has already recommended his board not award top executives bonuses for 2008, warning that performance would be below expectations. Having received billions in federal aid, he faces pressure to show the bank is grappling with its problems — beyond the 30,000 to 35,000 job cuts it has already announced — and is making significant contributions to a U.S. recovery.

To that end, the bank intends to break out new loan originations made during the fourth quarter, a first-time disclosure it hopes will mitigate concerns about new lending.

Jan
12

TARP Bailout Funds Being Used to Buy Other Banks, Not Lend to Consumers

 

Well, here’s just another outrageous aspect of the “bailout.”

The Bailout Funds (ie. TARP Funds) were to be used to help “struggling” banks get a cash infusion so that they would continue to lend money to consumers to keep the economy going. At least this is what our pal “Hank” Henry Paulson said to us American citizens and Congress to sell this craziness to us. You know, it was an emergency and in order for the US economy to survive, we gotta get these banks liquid so that they’ll continue to lend. All that…

So here’s the real deal… US Banks are using the money alright but they’re stingier than ever when it comes to lending. Less people are getting approved right now, today than were 6 months ago. FACT. Oh, and the money, you know, the $350 BILLION TAX PAYER DOLLARS that has already been spent… where has that gone. Well, it seems that Congress didn’t see fit to actually mandate how that money could be spent so guess what banks are doing with the money? Buying other banks. Oh yeah, us taxpayers are helping, no not helping, funding banks to buy other banks. Oh, and it also seems that some pretty neat little language was slipped into that bailout bill by our friend Hank that allows any bank which buys another bank to WRITE OFF ALL OF THEIR BAD DEBT. A yeah, they can just take all that bad debt and get a tax write off for it.

Folks, this is beyond criminal. I’m sorry but this just gets me steamin mad and I hope it does the same to you! We have got to put an end to this. We are collectively being  used by government and special interests to make the rich richer. We are being hosed and lied to on a regular basis.

If you want some proof of this, read on. I welcome all comments.

TARP Funds Fueling Global Buyouts, Not Lending (CLICK HERE to link to story)

Bank of American Corp. (BAC), which is getting $15 billion from the U.S. government as part of the Treasury Department’s $250 billion “recapitalization” effort, is doubling its stake in state-owned China Construction Bank Corp., and will hold a 20% stake worth $24 billion in China’s second-largest lender when that deal is finalized.

PNC Financial Services Group Inc. (PNC), which will get $7.7 billion from Treasury’s Troubled Assets Relief Program (TARP), is using that cash infusion to help finance its $5.2 billion buyout of embattled National City Corp. (NCC).

And U.S. Bancorp (USB), which received a $6.6 billion capital infusion from that same rescue package, has acquired two California lenders – Downey Savings & Loan Association, F.A., a subsidiary of Downey Financial Corp. (DSL), and PFF Bank & Trust, a subsidiary of PFF Bancorp Inc. (OTC: PFFB). U.S. Bank agreed to assume the first $1.6 billion in losses from the two, but says anything beyond that amount is subject to a loss-sharing deal it struck with the Federal Deposit Insurance Corp. (FDIC).

While the Treasury Department’s investment of more than $250 billion in U.S. financial institutions has been billed as a strategy that will bolster the health of the banking system and also jump-start lending, buyout deals such as these three show that the recapitalization plan has actually had a much different result – one that’s left whipsawed U.S. investors and lawmakers alike feeling burned, an ongoing Money Morning investigation continues to show.

Those billions have touched off a banking-sector version of “Let’s Make a Deal,” in which the biggest U.S. banks are using government money to get even bigger. While that’s admittedly removing the smaller, weaker banks from the market – a possible benefit to consumers and taxpayers alike – this trend is also having a detrimental effect: It’s reducing the competition that’s benefited consumers and kept the explosion in banking fees from being far worse than it already is.

This all happens without any of the economic benefits that an actual increase in lending would have had. And it does nothing to address the billions worth of illiquid securities that remain on (or off) banks’ balance sheets – as the recent Citigroup Inc. (C) imbroglio demonstrates.

In fact, Treasury’s TARP program has even managed to create a potentially illegal tax loophole that grants banks a tax-break windfall of as much as $140 billion. Lawmakers are furious – but possibly powerless, afraid that a full-scale assault on the tax change could cause already-done deals to unravel, in turn causing investor confidence to do the same.

One could even argue that since this first bailout (the $700 billion TARP initiative) has fueled takeovers – and not lending – the government had no choice but to roll out the more-recent $800 billion stimulus plan that was aimed at helping consumers and small businesses – a move that may spur lending and spending, but that still adds more debt to the already-sagging federal government balance sheet.

At the end of the day, these buyout deals are bad ones no matter how you evaluate them, says R. Shah Gilani, a retired hedge fund manager and expert on the U.S. credit crisis who is the editor of the Trigger Event Strategist, which identifies trading opportunities emanating from such financial-crisis “aftershocks” as this buyout binge.

“Why in the name of capitalism are taxpayers being fleeced by banks that are being given our money to grow their businesses with the further backstop of more of our money having to be thrown to the FDIC when they fail?” Gilani asked. “Consolidation does not mean that bad loans and illiquid securities are somehow merged out of existence. It means that they are being acquired under the premise that a larger, more consolidated depositor base will better be able to bear the weight of those bad assets. What in heaven’s name prevents depositors from exiting when the merged banks continue to experience massive losses and write-downs? The answer to that question would be … nothing.”

Lining Up for Deal Money

In launching TARP, U.S. Treasury Secretary Henry M. “Hank” Paulson Jr. said the government’s goal was to restore public confidence in the U.S. financial services sector – especially banks – so private investors would be willing to advance money to banks and banks, in turn, would be willing to lend.

“Our purpose is to increase the confidence of our banks, so that they will deploy, not hoard, the capital,” Paulson said.

Whatever Treasury’s actual intent, the reality is that banks are already sniffing out buyout targets, while snuffing out lending – and the TARP money is the reason for both.

Fueled by this taxpayer-supplied capital, the wave of consolidation deals is “absolutely” going to accelerate, says Louis Basenese, a mergers-and-acquisitions expert who is also the editor of The Takeover Trader newsletter. “When it comes to M&A, there’s always a pronounced ‘domino effect.’ Consolidation breeds more consolidation as industry leaders conclude they have to keep acquiring in order to remain competitive.”

Indeed, banking executives have been quite open about their expansionist plans during media interviews, or during conference calls related to quarterly earnings.

Take BB&T Corp. (BBT). During a conference call that dealt with the bank’s third-quarter results, Chief Executive Officer John A. Allison IV said the Winston-Salem, N.C.-based bank “will probably participate” in the government program. Allison didn’t say whether the federal money would induce BB&T to boost its lending. But he did say the bank would likely accept the money in order to finance its expansion plans, The Wall Street Journal said.

“We think that there are going to be some acquisition opportunities – either now or in the near future – and this is a relatively inexpensive way to raise capital [to pay the buyout bill],” Allison said during the conference call.

And BB&T is hardly alone. Zions Bancorporation (ZION), a Salt Lake City-based bank that’s been squeezed by some bad real-estate loans, recently said it would be getting $1.4 billion in federal money. CEO Harris H. Simmons said the infusion would enable Zions to boost “prudent” lending and keep paying its dividend – albeit at a reduced rate.

Sounds good, right? Not so fast. During a conference call about earnings, Zions Chief Financial Officer Doyle L. Arnold said any lending increase wouldn’t be dramatic. Besides, Arnold said, Zions will also use the money “to take advantage of what we would expect will be some acquisition opportunities, including some very low risk FDIC-assisted transactions in the next several quarters.”

Buyouts Already Accelerating

With all the liquidity the world’s governments and central banks have injected into the global financial system, the pace of worldwide deal making is already accelerating. Global deal volume for the year has already passed the $3 trillion level – only the fifth time that’s happened, although it took about three months longer for that to happen this year than it did a year ago.

At a time when the global financial crisis – and the accompanying drop-off in available deal capital (either equity or credit) – has caused about $150 billion in already-announced deals to be yanked off the table since Sept. 1, liquidity from the U.S. and U.K. governments has ignited record levels of financial-sector deal making.

According to Dealogic, government investments in financial institutions has reached $76 billion this year – eight times as much as in all of 2007, which was the previous record year. And that total doesn’t include the $250 billion in TARP money, or other deals that Paulson & Co. are helping engineer – JPMorgan Chase & Co.’s (JPM) buyouts of The Bear Stearns Cos. and Washington Mutual Inc. (WAMUQ), for instance.

If You Can’t Beat ‘em… Buy ‘em?

When it comes to identifying possible buyout targets, M&A experts such as Basenese say there are some very clear frontrunners.

“I’d put regional banks with solid footprints in the Southeast high on the list, and for two reasons,” Basenese said. “First, demographics point to stronger growth [in this region] as retirees migrate to warmer climates – and bring their assets along for the trip. Plus, the Southeast is largely un-penetrated by large national banks. An acquisition of a regional bank like SunTrust Banks Inc. (STI) would provide a distinct competitive advantage.

There’s a very good reason that smaller players may be next: Big banks and small banks have the easiest times – relatively speaking, of course – of raising capital. It’s toughest for the regional players. Big banks can tap into the global financial markets for cash, while the very small – and typically, highly local – banks can raise money from local investors.

The afore-mentioned stealthy shift in the U.S. Tax Code actually gives big U.S. banks a potential windfall of as much as $140 billion, says Gilani, the credit crisis expert and Trigger Event Strategist editor. What does this tax-change do? By acquiring a failed bank whose only real value is the losses on its books, the successful suitor would basically then be able to use the acquired bank’s losses to offset its own gains and thus avoid paying taxes.

“While everyone was panicking, the Treasury Department slipped through a ruling that allows banks who acquire other banks to fully write-off all the acquired bank’s bad debts,” Gilani says. “For 22 years, the law was such that if you were to buy a company that had losses, say, of $1 billion, you couldn’t just take that loss against your own $1 billion profit and tell Uncle Sam, ‘Gee, now my loss offsets my profit, so I don’t have any profit, and I don’t owe you any tax.’ It was a recipe for tax evasion that demanded an appropriate law that only allows limited write-offs over an extended period of years.”

Given these incentives, who will be doing the buying? Clearly, the biggest U.S.-based banks will be the main hunters. But The Takeover Trader’s Basenese says that even foreign banks will be on the prowl for cheap U.S. banking assets.

Basenese also believes that Goldman Sachs Group Inc. (GS) and Morgan Stanley (MS) will be “big spenders.” Each will use TARP funds to help accelerate its transformation from an investment bank into a bank holding company. The changeover will require each company to build up a big base of deposits. And the best way to do that is to buy other banks, Basenese says.

“One thing [the wave of deals] does is to restore confidence in the sector,” Basenese said. “It will go a long way in convincing CEOs that it’s safe to use excess capital to fund acquisitions, and to grow, instead of using it to defend against a proverbial run on the bank.”

Not everyone agrees with that assessment. Investors who play the merger game correctly will do well. But the game itself won’t necessarily whip the industry into championship form, Gilani says.

“While consolidation, instead of outright collapses, in the banking industry may serve to relieve the FDIC of its burden to make good on failed banks, it in no way guarantees fewer failures,” he said. “In fact, it may only serve to guarantee, in some cases, even larger failures.”

Jan
11

TARP Oversight Panel Urges Transparency, Accountability

Alright, so we’re talking about the largest appropriation of taxpayer dollars (and/or printed money) in US history here. $700 billion! And we even have to “urge” transparency and accountability? I’d like to say, “I can’t believe it” but unfortunately I can. Folks, this is what this blog is all about. We have the most irresponsible, flippant and crooked government and Congress that I have ever seen and probably in our nation’s history.

These collective officials have the gall to spend $350 billion of our tax dollars without demanding strict accountability. The committee they selected to be this “watchdog” has to come out and say “hey, we’re here to do this and you’re not letting us hold you accountable and you’re not being transparent about where this money is going.” Unreal… If only it was truly not real. Read the story below from the Wall Street Journal.

TARP Oversight Panel Urges Transparency and Accountability

WASHINGTON — U.S. lawmakers should demand more accountability from the government’s $700 billion financial rescue package before releasing the second half of the funds, the head of the program’s watchdog panel said Friday.

Elizabeth Warren, who chairs an oversight committee set up by Congress to oversee the bailout, seen during a December interview.

Elizabeth Warren, who chairs an oversight committee set up by Congress to oversee TARP, photographed during a December interview.

“We would urge Congress to consider the accountability and transparency questions, the question of whether money is going to be used for foreclosures, and the overall strategy issues as part of any additional requests made for more money,” said Harvard Law School Professor Elizabeth Warren, who chairs a bipartisan panel charged with overseeing the Treasury Department’s Troubled Asset Relief Program.

The Obama administration is already looking at a broad revamp of the program, which has faced criticism from Democrats and Republicans over its implementation. Obama’s team is expected to launch a major program to prevent foreclosures. House Financial Services Committee Chairman Barney Frank (D., Mass.) said he is working with the Obama administration to try and come up with restrictions on how the second installment of the fund is used, including aid to cities.

Ms. Warren said she was “very pleased that the incoming administration is focused on these issues.”

The Obama’s administration will likely work closely with congressional leaders before asking for the rest of the TARP money, as Congress can pass a resolution disapproving of any request. President-elect Barack Obama could veto any disapproval resolution, but that could prove politically risky and unsettling to markets.

The new report by Ms. Warren’s panel, the second released since Congress created TARP in October, illustrates the controversial nature of the program. She said Treasury has still not adequately explained how it is selecting banks for its $250 billion program to inject capital directly into the financial system.

“The panel’s initial concerns about the TARP have only grown, exacerbated by the shifting explanations of its purposes and the tools used by Treasury,” the report said. It said Treasury had “not yet explained its strategy” for stabilizing the financial markets.

The report said long and short-term credit spreads suggest Treasury has effectively forestalled a financial collapse by injecting billions of dollars into the financial system. Still, the panel suggested that the efforts have “not affected liquidity in credit markets or reassured the capital markets that large financial institutions are strong credits.”

“Although half the money has not yet been received by the banks, hundreds of billions of dollars have been injected into the marketplace with no demonstrable effects on lending,” the document goes on to say.

Neel Kashkari gives an update on the TARP program in Washington on Thursday.

The report faulted Treasury on a variety of fronts, saying it has: no ability to ensure banks lend the money they’ve received from the government; no standards for measuring the success of the program; and that it ignored or offered incomplete answers to panel questions.

These shortcomings, the report suggests, could undermine the goal of various programs. “For Treasury to advance funds to these institutions without requiring more transparency further erodes the very confidence Treasury seeks to restore,” the report said.

The bipartisan panel reserved its most strident criticism for Treasury’s approach to dealing with the foreclosure crisis at the root of the ongoing economic turmoil.

“The bailout money doesn’t require a specific approach,” Ms. Warren said. “It entrusts Treasury with developing an approach, and that’s what Treasury should be doing.”

Treasury officials debated whether to use part of the TARP program to prevent foreclosures but ultimately decided against it, worried about any program’s effectiveness and the possibility it would discriminate against homeowners who’ve been struggling to make their mortgage payments.

They have instead relied on industry-led efforts by Fannie Mae, Freddie Mac and others to voluntarily modify troubled loans into more affordable products.

Additionally, the report faulted Treasury for not explaining why it declined to force all TARP recipients to adopt a Federal Deposit Insurance Corp. mortgage loan modification plan. Citigroup Inc. had to agree to use the program to streamline loan changes as part of its help from the government in November.

“Treasury’s refusal to answer this question is one of the most troubling aspects of their letter,” the report said of the Dec. 30 letter sent by Treasury to the panel in response to submitted questions. 

Jan
10

New Mortgage Bankruptcy Bill a Good Solution

Legislation designed to stem foreclosures by allowing bankruptcy judges to erase some mortgage debt will be introduced by Congressional Democrats on Tuesday, and hopes are high that it will pass after a similar plan failed last year. See Full Story Here.

Since the servicers, banks and investors thus far have failed to do anything logical in this housing mess, the idea of letting bankruptcy judges apply some logic and have the power to rework mortgages for homeowners who are stuck is a great idea.

Servicers are filing foreclosures as fast as they possibly can and cramming them through the various states at a sickening pace. Our civil court judges and clerks of the courts are participating in this massive scheme as well going as far as being publicly proud of their “rocket dockets” where 300-400 foreclosure cases are jammed through a 2-3 hour period. Shameful.

Shameful because 95%+ of all of these cases are filed fradulently. Shameful because judges are allowing institutions to take people’s homes without so much as raising an watchful eye to ensure that there is an ounce of integrity or truthfulness in the allegations lodged by the Plaintiff’s complaint.

So, here’s what happens… a servicer takes a home in foreclosure. The family is forcefully removed and forced to move into a different home (probably owned by another bank or even the same servicer). The institution sells the foreclosed home for about 80-90% of current value (although the FDIC predicts it’s about 70% of current value).

So let me give you a real live scenario of how illogical what they’re doing truly is: The family that was just removed owed $210,000 on the loan at a 7% interest rate. The home’s current value is $125,000. The bank will sell it for $105,000. The family could afford a mortgage of $150,000 at 5.5% interest rate. After closing costs, attorneys fees, etc. the bank/servicer will net about $95,000 on that home.

Do you see my point here? If you take into account the interest that the family would pay on the modified loan over the course of the next 5, 10 or 30 years. The modified loan is worth 2-3 times the $150,000. But no, the bank would rather create documents and paper trails to foreclose on the home, kick a family out of their home and take a massive loss on the sale of the foreclosure. All this when they could have logically modified the loan and turned a profit on the loan through a bona fide modification of the family’s loan.

This madness occurs thousands of times a day in our country and it’s high time that the government use some of the billions of taxpayer dollars to protect the taxpayer instead of greedy, corrupt institutions that have been the major cause of this housing meltdown.