Globalization and the Lessons of History
As the U.S. economy struggles to
recover from the worst recession in 70 years, we face a new, much more
challenging world. Economic globalization means that more countries are
exporting their goods, generating first-rate research, and attracting
investments: besides China, we compete with Brazil, India, South Korea, and Turkey. Although terrorism, elections, and natural disasters dominate
headlines, globalization has been the most powerful trend over the last thirty
years. Despite the recession, it shows no sign of abating. Dealing with
globalization may tempt us to see other countries as simply our competitors or
worse, as our enemies. If we are to deal with globalization more wisely, the
lessons of history are crucial to understand.Globalization is not completely
new. A century ago, the world economy went through a similar dramatic
expansion. "For economic purposes all mankind is fast becoming one
people," wrote James Bryce in 1903. For the first time, a world wide web
of telegraph lines, centered on London, sent news and prices
around the globe. The United States became an industrialized country because of millions of immigrants and
a mountain of European investment. Tragically, the first era of globalization ended badly in
two world wars, Communism, fascism, the Great Depression, and the Cold War. Why?
Those who suffered from rapid economic change were often recruits for violent
solutions; war could undo decades of economic progress. In short, those who
gained from economic globalization became complacent about the need to maintain
it and cavalier about the costs it generated. Old industries declining,
migration, social problems in rapidly expanding cities all of these occur
almost inevitably with economic growth. If social policies do not cushion the
costs and help people adjust to the changes set off by economic growth, the
entire system supporting economic growth can be undermined. At the same time,
international peace and cooperation have been crucial to economic
globalization. Prosperity in the long run depends on peace. The first era of
globalization occurred in the late nineteenth century because Europe experienced the longest period of
peace in its history. Only one, brief war the Crimean War occurred among more
than two of the Great Powers. World War One broke out in part because leaders
in Germany thought they could use violence to strengthen their country's position
in the world economy. Instead, they nearly destroyed the entire world economy,
and brought on more war. By the time Europe stabilized again, after a second, more awful war, the world economy was
no bigger than it had been 35 years earlier, with a much larger population to
feed.History also teaches us that we can do better. Nothing illustrates that
nations can learn from the past as much as the difference between what the
United States did in 1919, at the end of the First World War, and what we did
in 1945-48, after the Second. In 1919, we turned our back on Europe and its problems. The world economy
limped along and eventually collapsed into the Depression, while the unsolved
problems of the War led to dictatorships and more war. After 1945, we did
better. The United States created a range of international institutions in the late 1940s the UN,
IMF, World Bank, NATO, the alliance with Japan, and the GATT, the
forerunner of today's World Trade Organization. We also helped Europe set up what eventually became the
European Union. With all their imperfections, these institutions and the
cooperative agreements they support still provide a framework for worldwide
economic growth. Because of them, we can travel, send money, buy and sell
goods, and communicate among the nations of the world in a way that would have
been unimaginable just a few decades ago.In tough times, it may be tempting to
turn our backs on the rest of the world or to think that economic growth, once
begun, runs on its own. But we depend on our global economic ties for future
growth. By investing in our greatest resource people and improving our transportation and
communications infrastructure, we can compete much more effectively than by
tariffs or trade disputes. The history of the last century teaches us that
dealing with the inevitable costs of globalization and working to maintain a
peaceful world order are essential to all of us. Our generation has an
opportunity to make great gains from a return to worldwide economic growth but we must distribute the gains more fairly
and work to build a cooperative international order. Our competitors are also
our customers and our potential partners in a better world.
Federal Investigators Punt On Goldman Sachs Prosecutions
By
2006, Goldman Sachs traders knew that the investments packed with subprime home
mortgages they had been selling at big profits for the last few years were more
dangerous than they were letting on.Internally, they characterized these
offerings as "junk,""dogs,""big old lemons" and "monstrosities."
Nevertheless, the bank congratulated itself for successfully offloading the
mortgage bonds onto others. The head of the bank's mortgage department extolled
its success in reducing its subprime inventory, writing that his team had
"‘worked their tails off to make some lemonade from some big old lemons.” These
findings, included in the report released by the Financial Crisis Inquiry Commission nearly two years ago,
helped inform at least one major regulatory enforcement action against the
bank: a $550 million settlement with the Securities and Exchange Commission for
misleading investors about the risks of a product known as Abacus. For a while,
it seemed that a string of similar enforcement actions involving other mortgage
investment products, whose eventual collapse in value brought down the housing
market and very nearly the American economy, were imminent. On Thursday,
Goldman Sachs announced in a regulatory filing that the SEC had dropped its
investigation into a $1.3 billion mortgage bond known as Fremont Home Loan
Trust 2006-E, even though it indicated earlier this year that charges were
likely. Later in the day, the Department of Justice said it was ending its own
Goldman investigation, launched after a congressional investigation chaired by
senators Carl Levin (D-Mich.) and Tom Coburn (R-Okla.) issued a report that found Goldman Sachs sold investments "in ways
that created conflicts of interest with the firm’s clients and at times led to
the bank's profiting from the same products that caused substantial losses for
its clients.”"The department and investigative agencies ultimately
concluded that the burden of proof to bring a criminal case could not be met
based on the law and facts as they exist at this time," the Justice
Department said in a statement late on Thursday. Reuters reported that David
Wells, a spokesman for Goldman Sachs, said in an email, "We are pleased
that this matter is behind us."The SEC did not immediately respond to a
request for comment. For industry critics, the decisions to drop the
investigations are the latest indication that the federal government's law
enforcement response to the greatest financial catastrophe since the Great
Depression will end with a whimper. "I'm shocked but not surprised,"
said Simon Johnson, a former chief economist at the International Monetary
Fund, and a Huffington Post contributor. "It reflects a pattern of failing
to hold these large institutions accountable. To not even try sends a double
signal, that there are different standards for us and for Wall Street."Johnson
said he still holds out some hope for a grand settlement that would provide
some financial compensation for the homeowners most damaged by the inflated
pricing that came as a result of the bubble built by Wall Street.Neil Barofsky,
the former special inspector general for the Troubled Asset Relief Program, and
a frequent critic of the Obama administration's handling of the financial
crisis, said in an email that the announcements are "a stark reminder that
no individual or institution has been held meaningfully accountable for their
role in the financial crisis." "Without such accountability, the
unending parade of megabank scandals will inevitably continue," Barofsky
said. Of the two federal agencies, the record of the Department of Justice in
pursuing financial crisis cases is the thinnest. So far, the Justice Department
has brought just one case, which ended when a federal jury in 2009 acquitted
two Bear Stearns hedge fund managers accused of lying to investors about the
soundness of the securities they were selling. After that, the Justice
Department decided not to pursue cases against two men whose actions most Wall
Street observers agree brought on the crisis: Angelo Mozilo, the former head of
the defunct mortgage giant Countrywide and Joseph Cassano, who ran the
financial products division at AIG.The SEC's track record has been a bit better, at least in terms of
dollar recoveries. The regulator won about $2 billion in penalties since 2008
in financial crisis-related cases, including a record $67.5 million from
Mozillo. The agency has been dogged, though, by
complaints including from federal judge Jed Rakoff that its penalties are too
small, doesn't target individuals and doesn't require defendants to admit guilt as part of settlement agreements. In May, the SEC dropped its probe of Lehman Brothers, even though an
independent examiner appointed by the bankruptcy court of the defunct bank
concluded that there were "actionable claims" against senior Lehman
officers for using an accounting tool known as Repo 105 to book billions of
dollars in phony sales to disguise the true extent of the bank's financial
woes. Financial cases of any stripe, especially those that involve complex
transactions involving structured finance products, are difficult to prove, said
Arthur Wilmarth, a banking law professor at George Washington University. Even
so, he said, he believes the SEC could have brought additional cases against
Goldman Sachs that involved conduct similar to the Abacus deal. The agency
could prevail in civil penalty actions by showing that Goldman
"intentionally or recklessly misled investors," he said. That, in essence, is the argument made by another regulator the Federal
Housing Finance Agency which filed a lawsuit against Goldman over the Fremont investment and other
offerings last year. Goldman bankers knew that Fremont, a subprime
lender, was selling it mortgages certain to fail, the suit alleges.Goldman knew
of the originators’ abandonment of applicable underwriting guidelines and of
the true nature of the mortgage loans it was securitizing," the lawsuit
claims. The decision to drop the Goldman Sachs investigation also comes on the
heels of a disappointing loss for the SEC in one of the very few trials
involving a Wall Street executive accused of misleading investors about a
mortgage product. A few weeks ago, a federal jury acquitted Brian Stoker, a
mid-level Citigroup executive, of wrongdoing over his role in selling a $1
billion mortgage bond. In an unusual move, however, the jury included a note with its verdict urging the agency not to give up. “This
verdict should not deter the SEC from continuing to investigate the financial
industry, review current regulations and modify existing regulations as
necessary,” said the statement, which was read aloud by Judge Jed Rakoff.
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