The Detroit Bail-In Template: Fleecing Pensioners to Save

New Post Public Reply Private Reply Replies (0) Message Board
SaltyMutt
The Detroit Bail-In Template: Fleecing Pensioners to Save the Banks

By Ellen Brown
Posted on August 5, 2013

(please note: The underlined words are 'clickable' links when accessed via the link at the bottom of this page)

The Detroit bankruptcy is looking suspiciously like the bail-in template originated by the G20’s Financial Stability Board in 2011, which exploded on the scene in Cyprus in 2013 and is now becoming the model globally. In Cyprus, the depositors were “bailed in” (stripped of a major portion of their deposits) to re-capitalize the banks. In Detroit, it is the municipal workers who are being bailed in, stripped of a major portion of their pensions to save the banks.

Bank of America Corp. and UBS AG have been given priority over other bankruptcy claimants, meaning chiefly the pensioners, for payments due on interest rate swaps they entered into with the city. Interest rate swaps – the exchange of interest rate payments between counterparties – are sold by Wall Street banks as a form of insurance, something municipal governments “should” do to protect their loans from an unanticipated increase in rates. Unlike ordinary insurance, however, swaps are actually just bets; and if the municipality loses the bet, it can owe the house, and owe big. The swap casino is almost entirely unregulated, and it is a rigged game that the house virtually always wins. Interest rate swaps are based on the LIBOR rate, which has now been proven to be manipulated by the rate-setting banks; and they were a major contributor to Detroit’s bankruptcy.

Derivative claims are considered “secured” because the players must post collateral to play. They get not just priority but “super-priority” in bankruptcy, meaning they go first before all others, a deal pushed through by Wall Street in the Bankruptcy Reform Act of 2005. Meanwhile, the municipal workers, whose pensions are theoretically protected under the Michigan Constitution, are classified as “unsecured” claimants who will get the scraps after the secured creditors put in their claims. The banking casino, it seems, trumps even the state constitution. The banks win and the workers lose once again.

Systemically Dangerous Institutions Are Moved to the Head of the Line

The argument for the super-priority of derivative claims is that nonpayment on these bets represents a “systemic risk” to the financial scheme. Derivative bets are cross-collateralized and are so inextricably entwined in a $600-plus trillion house of cards that the whole financial scheme could go down if the betting scheme were to collapse. Instead of banning or regulating this very risky casino, Congress has been persuaded by the masterminds of Wall Street that it needs to be preserved at all costs.

The same tortured logic has been used to justify the fact that the federal government deigned to bail out Wall Street but not Detroit. Supposedly, the mega-banks pose a systemic risk and Detroit doesn’t. On July 29th, former Obama administration economist Jared Bernstein pursued this line of reasoning on his blog, writing:

The correct motivation for federal bailouts — meaning some combination of managing a bankruptcy, paying off creditors (though often with a haircut), or providing liquidity in cases where that’s the issue as opposed to insolvency – is systemic risk. The failure of large, major banks, two out of the big three auto companies, the secondary market for housing – all of these pose unacceptably large risks to global financial markets, and thus the global economy, to a major industry, including its upstream and downstream suppliers, and to the national housing sector.

Because a) there’s not much of a case that Detroit is systemically connected in those ways, and b) Chapter 9 of the bankruptcy code appears to provide an adequate way for it to deal with its insolvency, I don’t think anything like a large scale bailout is forthcoming.


Holding Main Street Hostage

Detroit’s bankruptcy poses no systemic risk to Wall Street and global financial markets. Fine. But it does pose a systemic risk to Main Street, local governments, and the contractual rights of pensioners. Credit rating agency Moody’s stated in a recent report that if Detroit manages to cut its pension obligations, other struggling cities could follow suit. The Detroit bankruptcy is establishing a template for wiping out government pensions everywhere. Chicago or New York could be next.

There is also the systemic risk posed to the municipal bond system. Bryce Hoffman, writing in The Detroit News on July 30th, warned:

Detroit’s bankruptcy threatens to change the rules of the municipal bond game and already is making it more expensive for the state’s other struggling towns and school districts to borrow money and fund big infrastructure projects.

In fact, one bond analyst told The Detroit News that he has spoken to major institutional investors who have already decided to stop, for now, buying any Michigan bonds.


The real concern of bond investors, says Hoffman, is not the default of Detroit but the precedent the city is setting. General obligation municipal bonds have always been viewed as a virtually risk-free investment. They are unsecured, but bondholders have considered themselves protected because the bonds are backed by the “unlimited taxing authority” of the government that issued them. Detroit, however, has shown that the city’s taxing authority is far from unlimited. It already has the highest property taxes of any major city in the country, and it is bumping up against a ceiling imposed by the state constitution. If Detroit is able to cut its bond debt in half or more by defaulting, other distressed cities are liable to look very closely at following suit. Hoffman writes:

The bond market is warning that this will make Michigan a pariah state and raise borrowing costs — not just for Detroit and other troubled municipalities, but also for paragons of fiscal virtue such as Oakland and Livingston counties.

However, writes Hoffman:

Gov. Rick Snyder dismisses that threat and says the bond market is just trying to turn Detroit away from a radical solution that could become a model for other struggling cities across America.

A Safer, Saner, More Equitable Model

Interestingly, Lansing Mayor Virg Bernero, Snyder’s Democratic opponent in the last gubernatorial race, proposed a solution that could have avoided either robbing the pensioners or scaring off the bondholders: a state-owned bank. If the state or the city had its own bank, it would not need to borrow from Wall Street, worry about interest rate swaps, or be beholden to the bond vigilantes. It could borrow from its own bank , which would leverage the local government’s capital into credit, back that credit with the deposits created by the government’s own revenues, and return the interest to the government as a dividend, following the ground-breaking model of the state-owned Bank of North Dakota.

There are other steps that need to be taken, and soon, to prevent a cascade of municipal bankruptcies. The super-priority of derivatives in bankruptcy needs to be repealed, and the protections of Glass Steagall need to be restored. While we are waiting on a very dilatory Congress, however, state and local governments might consider protecting themselves and their revenues by setting up their own banks.

_________________

Ellen Brown is an attorney, president of the Public Banking Institute, and author of twelve books, including the best-selling Web of Debt and its 2013 sequel, The Public Bank Solution .

Her websites are http://WebofDebt.com http://PublicBankSolution.com and http://PublicBankingInstitute.org

http://webofdebt.wordpress.com/2013/08/05/the...the-banks/

Scroll down for more posts ▼

Top 10 Most Recent News Articles

Safety Tech in Fleets: Drivers Embrace Its Role

Updated Category News Views 2

Drivers Warming Up to Fleet Safety Tech Seems like most fleet drivers these days are eyeing safety tech through a fresher lens. Gone are the days when grumbling about privacy was the anthem of the disgruntled. The latest Linxup survey claims a whopping 77% of commercial fleet pros have hopped onto the safety train, happily trading privacy qualms for the perks of solid...

Continue Reading
ARC Rescues 86 Dogs: A Hopeful Path to Recovery

Updated Category News Views 6

Turning the Tides for Canine Lives Hope came with the lunar eclipse for a group of dogs in Missouri. Thanks to the Operation Eclipse, led by the Animal Rescue Corps (ARC), 86 dogs and two kittens found a ray of hope. The peculiar alignment in the sky seemed a fitting backdrop for the newfound beginning these animals desperately needed. Let's dive right into what unfolded...

Continue Reading
York Space Systems Faces Lawsuit Over IPO Debacle

Updated Category News Views 3

Trouble Brewing in York Space Systems' Orbit Here's the nitty-gritty: York Space Systems (NYSE: YSS)—a company's whose bread was buttered primarily by Uncle Sam—is now facing some serious heat. We're talking about allegations that make you double-check your portfolio and rethink that second helping of whatever Wall Street's serving. The Stakes: From Space to Legal...

Continue Reading
Peak Credit Union Backs Oregon Pickleball Initiative

Updated Category News Views 3

Big Moves in Eugene: Credit Union Steps Up It’s a different ball game when a credit union dives headfirst into the local recreation scene, but that’s exactly what Peak Credit Union is doing in Eugene, Oregon. Coming in hot with a hefty $500,000 pledge, they’re spearheading the development of a new pickleball complex at Lane Community College. We're talking 24 courts...

Continue Reading
BOC Group's Challenger Role Eye-Opener in Gartner Quadrant

Updated Category News Views 3

Cracking the Challenger Code: BOC Group's Debut Ever heard of BOC Group? If you haven’t, it’s time to pay attention. This Dublin-based outfit just muscled its way into the Challenger Quadrant of the 2026 Gartner Magic Quadrant for Digital Twin of an Organization Platforms. Not bad for its first trip to the dance. When a company crashes the scene like this, eyebrows...

Continue Reading
Comcast Unveils Game-Changing Next-Gen Video AI

Updated Category News Views 2

Comcast Technology Solutions Takes a Big Swing Well, Comcast Technology Solutions (CTS) is stepping up to the plate with an offering that just might knock it out of the park for broadcasters and content creators. They're rolling out an ambitious suite of AI-powered video workflow tools that could potentially redefine how operators handle their media libraries. The buzz is...

Continue Reading
Couche-Tard's Q1 2027: Strong Growth Amid Challenges

Updated Category News Views 7

Decoding Alimentation Couche-Tard's Recent Gains When the talk in the finance circles centers around Alimentation Couche-Tard (TSX: ATD) these days, it's all about their jump into fiscal 2027. The giant convenience store operator dished out some promising numbers for their first quarter, rippling through Wall Street's coffee breaks. Net earnings for shareholders of $828.5...

Continue Reading
Clean Energy's Paradox: Speed vs. Emission Cuts

Updated Category News Views 3

Tackling the Two-Speed Transition It's like this: clean energy's racing ahead but dragging a stubborn mule behind. Sure, we saw solar and EVs hustle past every forecast last year, with a record-breaking $2.1 trillion in investment. But, ever notice how despite all this, emissions aren't exactly nose-diving? Global CO2's hovering like a bad cold, thanks to the unending...

Continue Reading
Club Med Unveils Major Ski Sale: Up to $1,040 Off

Updated Category News Views 1

Club Med's "Ski Days" Deal: A Closer Look As folks start stashing away those beach towels and gearing up for the colder months, Club Med’s throwing a bone to skiers and snowboarders alike with their "Ski Days" sale. Running for just 15 days, the deal offers up to $1,040 off ski vacations at some pretty iconic spots—the French Alps and Quebec-Charlevoix to be exact. If...

Continue Reading
CALLAHEAD's WHITE WASH™: Revamping Portable Restrooms

Updated Category News Views 11

Breaking New Ground in Portable Sanitation Who would've thought a portable restroom could mimic the comforts of a full-blown bathroom? CALLAHEAD™'s WHITE WASH™ just flipped the script on everything we thought we knew about temporary facilities. Forget the standard cramped, subpar porta-potties — this is a game-changer born from 50 years of hard-earned wisdom. A...

Continue Reading

Top 5 Most Recently Viewed Articles

ICON PLC Class Action: Investors Eye Potential Recovery

Updated Category News Views 183

ICON PLC Class Action Lawsuit Overview In a recent development, investors are being urged to consider participating in a class action lawsuit against ICON PLC (NASDAQ: ICLR). This lawsuit has garnered attention due to significant allegations against the company, which may impact the financial landscape for its investors. If you have experienced substantial losses...

Continue Reading
Ward & Bradel Firm Name Change Sets Legal Bar High

Updated Category News Views 6

A Big Move for Ward & Bradel If you're keeping an eye on the legal landscape, here's something you don't see every day—a boutique law firm changing its name yet staying true to its essence. Ward & Bradel, until recently Ward & Berry, just rolled out the new marquee. But behind the name swap, it's all about sticking to what this firm does best: representing U.S....

Continue Reading
Exploring the Dental Laboratories Market: Growth and Trends Ahead

Updated Category News Views 90

Understanding the Dental Laboratories Market The dental laboratories market plays a crucial role in the dental healthcare sector, providing essential services and products that support dental professionals. With an estimated market size of USD 9.20 billion projected for the near future, the growth trend shows an upward trajectory that is expected to reach USD 13.09...

Continue Reading
Exciting New Luxury Community Launch by Toll Brothers

Updated Category News Views 118

Introducing a New Luxury Home Community Toll Brothers, Inc. (NYSE: TOL), recognized as a leading builder of luxury homes, is excited to announce its upcoming community, Toll Brothers at Ladera Trails. This new neighborhood promises to offer an exceptional lifestyle nestled at the base of the San Tan Mountains, surrounded by striking natural beauty. Unique Features and...

Continue Reading
Equisoft Teams Up with Databricks for AI-Driven Solutions

Updated Category News Views 151

Equisoft and Databricks Partner for Insurance Innovation The recent collaboration between Equisoft and Databricks is poised to transform the insurance landscape. By merging Equisoft's extensive knowledge in life insurance with the innovative Databricks Data Intelligence Platform, this partnership aims to drastically reduce the costs associated with outdated legacy systems...

Continue Reading