Category: Government

Cayman Financial Review, Q3 2015

Dear Friends,

The Third Quarter issue of the Cayman Financial Review is now available on the web: http://www.compasscayman.com/cfr/. I am on the Editorial Board and have two articles in this issue that might interest you. The first discusses the continued decline of U.S. world leadership exemplified in the case of the new Asian Infrastructure Investment Bank located in China: http://www.compasscayman.com/cfr/2015/08/19/US-leadership-and-the-Asian-Infrastructure-Investment-Bank/

The second is the final installment of my series on the Kabul Bank scandal. The failure of Kabul Bank in Afghanistan was probably the biggest bank failure and fraud in history on a per capital basis.  As this final article looks at some of the legal issues and developments in recovering stolen assets held abroad and Afghanistan’s uneven struggle to strengthen its criminal justice system, Gary Gegenheimer, a lawyer who also worked in Afghanistan, joined me to write this third installment: http://www.compasscayman.com/cfr/2015/08/19/The-Kabulbank-scandal–Part-III/

I hope that you enjoy them.

Best wishes,

Warren

Greece—how could they?

Today Greece is voting whether its government should accept the conditions required by the “Institutions” (EU/ECB/IMF) for the final installment of its second “bailout” package—a yes vote, or to reject them—a no vote. No one is quite sure what it all means. The program to which these conditions and the final installment of $8 billion applied expired on June 30 and those funds are no longer on offer. A yes vote would presumably indicate support by the majority of Greek voters for accepting the conditions (a modest primary budget surplus by the Greek government in coming years and structural reforms to improve the quality of government services and the productivity of Greece’s economy) likely to be offered for a third bailout program. The alternative—no more financial assistance from the Institutions—would force even greater “austerity” on the Greek government even after repudiating all of its external debt and thus saving the funds that it would otherwise needed to pay to service it. If Greek tax payers won’t cover the cost of the government’s promises and the market will no longer lend the shortfall, the government is likely to resort to augmenting its Euro tax income with IOU claims on Euros, i.e. introducing and inflating its own currency.

What were the Greek government and the Greek people thinking when they borrowed all that money in the first place, and it must be added, enjoyed spending it on an inflated, unsustainable lifestyle rather than investing it in a more productive future? But Greek politicians (and public) are hardly the only ones in the world to ignore future costs when making current promises they have no way to keep.

Take the United States, for example. For decades, the U.S. Congressional Budget Office has forecast ever-increasing deficits from American entitlement programs (Medicare, Medicaid, and Social Security) as expenditures increasingly outstripped revenue. This reflects both the growth in the generosity of these programs and demographics (increasing life expectancy and the baby boomer bulge in retired people relative to those working to pay for them—anyone who still thinks that the retired are receiving what they paid in while working just hasn’t been paying attention). I have written about this from time to time such as four years ago in: https://wcoats.wordpress.com/2011/04/23/thinking-about-the-public-debt/

The future unsustainability of Social Security promises has been the subject of public debate for at least fifty years. The “future” retirement of the WWII baby boomers and their pension expectations has been known since the end of WWII. But one congress after the other has kicked the ball down the road. Seven years ago I outlined the issues and the relatively simple solutions to Social Security deficits in: https://wcoats.wordpress.com/2008/08/28/saving-social-security/ Since then Medicare and Medicaid promises have only increased.

President Obama established the National Commission on Fiscal Responsibility and Reform (the so called Simpson-Bowles Commission) in early 2010 to develop bipartisan proposals for reducing future entitlement driven deficits. He ignored their modest proposals made in the Commission’s final report on December 1, 2010.

The Economist magazine last week reported that the assets available to cover U.S. public sector pensions covered only 75% of their obligations. In fact, the short fall is much greater than that because they are computed assuming a 7.6% return on their assets, which greatly overstates the actual experience of recent years. Private pensions are in much better shape. “But if public plans used the same discount rate as private ones, the deficit would increase to $3.9 trillion and the funding ratio fall to 45%.”

So what are our elected representatives thinking? “Deficits have eventually to be closed. That means lower benefits for the retired, bigger contributions from existing employees (a pay cut) or higher contributions from the employer—which means tax increases for state or city residents, or cuts to other services.

Why is it that our political representatives have such shorter policy horizons than does the public in general? The Economist provides a reasonable summary for the U.S..

“No wonder that no one is getting to grips with the problem. Unions do not like to draw attention to the deficits, for fear benefits will be cut. Politicians do not want to pick a fight with the unions, or increase taxes and annoy voters. Instead, states and cities tend to hope that rising markets will make the problem disappear.”

http://www.economist.com/news/finance-and-economics/21656202-betting-equities-has-not-eliminated-americas-pension-deficit-wishful-thinking?frsc=dg%7Ca

Baltimore—Saving a City

Few serious problems have a single explanation or cure. The decay of large parts of Baltimore is no exception. An interesting article in the Washington Post explores the diligent efforts of its former mayor, later the governor of Maryland, Martin O’Malley to fix it. http://www.washingtonpost.com/local/baltimores-blight-puts-omalley-on-defensive-in-bid-for-presidency/2015/05/29/9dffe1d0-0541-11e5-8bda-c7b4e9a8f7ac_story.html. The Baltimore mayor depicted in the TV series The Wire, Tommy Carcetti, was inspired by O’Malley. (I was surprised after watching five seasons of the Game of Thrones to learn that the actor who played Carcetti in The Wire, Aidan Gillen, is Littlefinger in the Game of Thrones. His O’Malley character in The Wire was much more interesting.)

O’Malley went after the usual suspects, improving transportation and other infrastructure, improving education, etc. – all of the things we look to government to provide in the name of equal opportunity for all. He also instituted tough policing inspired by the “Broken Windows” theory first expounded by James Q. Wilson and George L. Kelling in 1982. This introduced the intensive use of “stop, question, and frisk” of recent controversy in NYC. In retrospect, the approach alienated the police from the communities they were supposed to protect, and was much in the news when 25 year old African-American Freddie Gray died in April from injuries received while in police custody. His funeral in Baltimore was followed by riots that did much damage to the already impoverished neighborhood in which he lived.

What was almost totally missing from the Post article was the need for jobs. While the over all unemployment rate for metropolitan Baltimore is only slightly above the U.S. average (5.7% compared to 5.6%), black unemployment is dramatically higher. “For young black men between the ages of 20 and 24, the unemployment rate was an astounding 37% in 2013, according to the most recent data available from the U.S. Census Bureau. That’s compared with 10% for white men of the same age.” (CNN Money) Much of the city’s heavy industry and the jobs they provided (steel processing, shipping, auto manufacturing, and transportation) left Baltimore decades ago. Many workers moved with those jobs but some stayed. The increase in service economy jobs of recent years employs workers with different and generally higher level skills than did the lost manufacturing jobs. Johns Hopkins University and Johns Hopkins Hospital are now Baltimore’s largest employers. Baltimore’s population peaked at around 950,000 in 1950 and dropped to 622,000 in 2013. Improving Baltimore’s infrastructure for those who have stayed is pointless if they can’t find jobs.

It is not that infrastructure and education are not important. They are important both for the quality of life and for attracting enterprises that provide jobs. But they are only part of the package companies consider when deciding where to locate. The cost of providing and maintaining them relative to their quality is important as well, and education needs to be relevant for the jobs potentially attracted. Taxes, both state and local are an important port of the cost of doing business. When companies evaluate where to locate new facilities they will want the best bang for their buck. Maryland is an expensive state (35th from the top in CNBC’s list of the best states for doing business). During his term as governor of Maryland O’Malley:
• Raised the top personal income tax rate from 4.75 to 5.75 percent. With local taxes on top, Maryland’s top rate is 8.95 percent.
• Raised the corporate tax rate from 7.0 to 8.25 percent.
• Raised the sales tax rate from 5 to 6 percent and expanded the sales tax base.
• Raised the sales tax rate on beer, wine, and spirits by 50 percent.
• Raised the gas tax by 20 cents over four years, almost doubling the rate from 23.5 cents.
• Doubled the cigarette tax from $1 to $2 per pack.
• Imposed higher taxes on vehicle registration.
• Imposed a storm water mitigation fee on property owners, or a “rain tax.”
(Chris Edwards: Cato)

The quality of government services in Maryland, however, is also fairly high. Last year I incorporated my consulting business in Maryland as an LLC. It took me 30 minutes on line sitting in my office from start to finish, including the email delivery of the signed and sealed document of incorporation. In addition, the cost of property and labor in Baltimore is low. This is a natural market reaction to the loss of industry and residence. The city’s efforts to revive its poorer neighborhoods also need to focus on improving its competitive advantage as a place for businesses to locate.

Crony capitalism and the Export Import Bank

An important and fundamental principle of the rule of law is that laws should have wide or universal applicability to everyone. This principle is generally violated when governments subsidize specific activities. These subsidize might take the form of tax breaks, loans at preferential interest rates or even grants to favored enterprises or activities. The Export Import Bank is a government program for granting such favors in the name of promoting exports.

If the EX-IM Bank only provided information to American firms that helped them satisfy foreign requirements for selling their products abroad or to connect with services available for marketing such produces—following the model of the Small Business Administration or the Agricultural Extension Services provided by many states—their continued existence might be defensible. However, like so many government intrusions into the private sector, it provides huge subsidize to a limited number of customers (about 30% of the total to Boeing to subsidize the sale of its planes to foreign carriers) at the expense of others. American carriers like Delta complain that EX-IM Bank subsidies to Boeing benefit their foreign competitors, who are able to buy Boeing planes more cheaply than they are. “The Airline Pilots Association of America estimates that the bank’s subsidizing of Boeing airline purchases abroad has forced our domestic airlines to cut about 7,500 jobs – decreasing the airline workforce by almost 2 percent.” (The Blaze, May 29, 2015)

While the cost of the EX-IM Bank to U.S. taxpayers is trivial, it is one more drop in the growing pond of crony capitalist connections to the government. Boeing moved its headquarters from Seattle, where most of its production was traditionally located, to Chicago and has diversified its production and suppliers around the country precisely to have more representatives in congress with an interest in its well being. Like many other large companies seeking government favors, it has hired key people from government such as Kevin Varney, former chief of staff at the Ex-Im during Obama’s first term. The stakes for Boeing are large so you can be sure it is spending a lot of money one way or another to protect its interests. This is the nature of crony capitalism, which gradually diminishes real market competition and chokes productivity.

Creating programs that grant favors also creates strong incentives for less subtle and more overt, traditional style corruption. “For example, Johnny Gutierrez, an Ex-Im Loan Specialist, pled guilty on April 22, 2015 of accepting up to $78,000 in bribes in return for recommending the approval of unqualified loan applications to the bank, among other misconduct. During this period, Ex-Im gave Gutierrez nearly a 20 percent pay hike and paid-out thousands in performance bonuses. “ (Adam Andrzejewski, Forbes, http://www.forbes.com/sites/adamandrzejewski/2015/05/31/the-export-import-bank-and-the-art-of-picking-losers/ )

The Ex-Im Bank and dozens of programs like it are economically unsound and wasteful and politically corrupting. It and others like it should be killed when ever possible. Here is a rare case where congress can do good by doing nothing (i.e. by not renewing the Bank at the end of this month).

Dennis Hastert and the law

Former congressman Dennis Hastert has been charged with failing to tell his bank why he was withdrawing his money (up to $3.5 million withdrawn in smaller amounts over a few years). It appears that he was being blackmailed by someone threatening to expose a sexual relationship long ago that Mr. Hastert does not want disclosed. Blackmail is a crime that I understand, but I have yet to read that the blackmailer has been charged with any crime. I assume that that is coming.

Mr. Hastert is being charged with violating our Anti Money Laundering (AML) laws.
These laws allow arresting and convicting people for moving money (as Mr. Hastert was doing) that the government thinks was the proceeds of crime (not the case with Mr. Hastert, his crime was failing to report what he planned to with his money), when they are not able to prove that there was a crime in the first place. As far as I know, paying a blackmailer (which is what Mr. Hastert apparently did) is not a crime, though demanding and receiving such money is. The United States has pushed such legislation and the new bureaucracies needed to enforce it all over the world at the cost of billions and billions of dollars (that could have been used for poverty reduction or other more pressing things) with very little if any benefit to show for it. Charging Dennis Hastert with AML violations is a rare exception. Wow, what a benefit for such intrusions into our private lives. I consider AML laws more than a costly waste of money. They are another expansion of the arbitrary power of governments that can be used for good or ill with limited oversight. They lower the standards required for convictions of the real crime, what ever it was, and to that extend diminish the rule of law as we have always understood it.

It is hard to grasp how far our government has evolved from the freedoms we were guaranteed in our constitution. Most of these incremental intrusions have been in the name of protecting us from ourselves and our neighbors. The unlawful (according to a recent court ruling) spying on its own citizens by the NSA exposed by Edward Snowden is now well known and tomorrow we will see what congress does about it. https://wcoats.wordpress.com/?s=snowden. In another example, The Washington Post and others have exposed the shocking abuse of civil forfeiture laws (modern highway robbery by the police). https://wcoats.wordpress.com/2014/09/10/the-abuse-of-civil-forfeiture/.

These are the tips of an alarming iceberg of regulations contained in tens of thousands of pages of laws and regulations from banking to buying cereal. Charles Murray, a very thoughtful and out of the box thinker and observer of our times, makes an intriguing proposal for fighting back. Like me, he is a student of the 60s when civil disobedience seemed the only weapon left to us against an abusive government: http://www.wsj.com/articles/regulation-run-amokand-how-to-fight-back-1431099256

Has our preference for security over freedom swung so far? What are some people smoking to think that government bureaucrats at homeland security, the IRS or the Veterans Administration can more efficiently meet our needs than we can arrange ourselves in the private sector? I have commented on these alarming developments many times before:
https://wcoats.wordpress.com/2014/06/22/big-brother-is-getting-bigger/ https://wcoats.wordpress.com/2013/03/08/protecting-our-civil-liberties/
https://wcoats.wordpress.com/2014/06/30/the-rule-of-law-2/