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GRIF TOPIA
a story of bankers, politicians, and
the most audacious power grab
in american history
The financial crisis that exploded in 2008 isnt past but prologue. The grifter classmade up of the largest players in
the financial industry and the politicians who do their biddinghas been growing in power, and the crisis was only
one terrifying manifestation of how theyve hijacked Americas political and economic life.
Matt Taibbi has combined deep sources, trailblazing reportage, and provocative analysis to create the most lucid,
emotionally galvanizing account yet written of this ongoing
American crisis. He offers fresh reporting on the backroom
deals of the bailout; tells the story of Goldman Sachs, the
vampire squid wrapped around the face of humanity; and
uncovers the hidden commodities bubble that transferred
billions of dollars to Wall Street while creating food shortages around the world.
This is essential reading for anyone who wants to understand the labyrinthine inner workings of this country, and
the profound consequences for us all.
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CONTENTS
1
The Grifter Archipelago; or, Why the
Tea Party Doesnt Matter
3
2
The Biggest Asshole in the Universe
35
3
Hot Potato: The Great American
Mortgage Scam
78
4
Blowout: The Commodities Bubble
124
5
The Outsourced Highway: Wealth Funds
156
6
The Trillion-Dollar Band-Aid:
Health Care Reform
173
7
The Great American Bubble Machine
Epilogue
206
241
251
265
297
277
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Introduction
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been let off the hook by the SEC and the Justice Department. These
were people like Richard the Gorilla Fuld of now-defunct Lehman
Brothers, the nebbishy former head of AIG Financial Products Joe
Cassano (prominently featured in chapter 3 of this book), and current
Morgan Stanley chairman of the board John Mackamong others.
It was a long piece and the fact-checking process was unusually difficult, as we struggled to settle on language that was both accurate and
legally defensible in talking about these cases. In the best of circumstances my nerves become very frayed during the fact-checking stage,
but in this case I began to notice a peculiar problem with the material.
We would be writing about this or that misdeed committed by a certain
bank, and one of the research editors would make a superficially very
sensible objection.
But the problem is, that technically wasnt illegal, theyd say.
Take, for example, the issue of Lehman Brothers use of instruments called Repo 105s to hide billions in losses. In that case, the
bank took assets on its balance sheet, for instance bundles of securities,
and parked them in the hands of certain business partners like UBS. In
return, those counterparties would send Lehman billions in cash. This
was usually done toward the end of a quarter, and Lehman would
record those transactions as true sales, marking the incoming cash as
revenue from honest business transactions. Investors would think the
bank had tens of billions of cash revenue from sales of assets.
But as soon as the quarter was over, Lehman would return the
money and take back its assets, sending its counterparties a small carrying charge for their trouble. This is like parking your worthless old 83
Grand Am in your neighbors garage at the end of every month before
rent day, borrowing $1,500 to pay the rent from said neighbor, then
paying the rent with that cashthen scrambling to repay the money in
order to get your car back at the beginning of the next month.
Thus these repurchase agreements, the Repo 105s, were not in
fact sales but loans; Lehman was essentially borrowing tens of billions of dollars at the end of every quarter, using that cash as pancake
makeup to gloss over its shaky balance sheet before trotting out its
quarterly report for investors to see. Metaphorically speaking, Lehman
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was claiming that it sold that worthless old car for $1,500, a real sale,
when in fact the neighbor was just holding it for collateral.
In the heat of the bubble era, as the banks insane debt and leverage
levels began to overwhelm the company, Lehman repeatedly used these
Repo 105 deals to hide the truth about its condition from the outside
world. In order to do so, though, it needed accomplices who would
sign off on its bad math. The bank shopped these transactions around
to various accounting firms and were rejected each time; only Ernst &
Young, in the end, agreed to give them an opinion that the transactions
were legal (and even then, they had to go overseas to find a law firm that
would bless the deals). Thus when Lehman Brothers decided to hide as
much as $50 billion in loans each quarter, it had an opinion from both
a prominent law firm (the British firm Linklaters) and a major accounting firm (Ernst & Young) that what it was doing was legal, even
though executives internally knew they had gone down a very dubious
road. Bart McDade, the companys COO at the time, called the Repo
105 transactions another drug we R on.
By the time I sat down to write about this, the story had been documented quite extensively in public, with a bankruptcy examiner
named Anton Valukas explaining everything in a 2,200-page report
that was released in March of 2009. But even within the offices of
Rolling Stone we were having a hard time finding a way to publish the
routine assertion that Lehman had done something wrong, because the
bank had essentially bought itself an opinion that what it had done was
legal.
Within our offices, everyone from the fact-checkers to the editors
knew what had gone on hereLehman Brothers had prettied up its
balance sheet using sham transactionsbut the issue here was not
truth, but legal pull. Absent an SEC case or a successful criminal prosecution against Lehman, there was no easy way to say in print that
Lehman and/or Ernst & Young had committed a crime without inviting a potential court case with those parties.
And here we came into conflict with another one of the key points
of the storywhich was that the lawyers these banks and finance
companies hire are not just the best in the country, they also inevitably
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that I was writing that the executive had at one point in a fiscal quarter
sat down in his living room and later told investors he had been standing the entire time.
The attorney took out sheets of paper with all sorts of arguments.
You will see in the first tab, he said, that all the relevant parties have
agreed that the piece of furniture shown in this photo of the living
room is not a chair, but in fact an item for resting continually. Here in
tab 2, he went on, you will see that under section 105-D slash 97 dot X
of the federal code, sitting is defined as something that takes place in a
chair, and I think you will agree that since the undersigned parties
agreed at the outset that the item of furniture pictured was in fact not a
chair, it cannot be said that my client was ever, in fact, sitting. In tab 3,
you will see that an independent auditor asserts that my client is not an
expert on sitting, and therefore cannot be held responsible for making
statements about sitting in public . . .
This went on for nearly twenty minutes. Almost nothing the
attorney said had any relevance at all to what we were writing about,
but purely from a spectators standpoint, it was a mesmerizing
performancebullshit, all of it, but brilliant bullshit, like watching a
Kobe or MJ of lawyering go through a layup line. As the meeting went
on, it occurred to me that this same attorney had at some point in the
last years given the exact same pitch to the government investigators
who had targeted his Richie Rich client and apparently had convinced
them. This bullshit, in other words, had worked! This surely was an incredible indictment of someone up in the regulatory ranks.
Later, when we pressed him on a certain point, returning to an
incontrovertible instance of his clients questionable behavior, he
frowned. Look, youre a magazine committed to social justice, he
said. And that has to apply to everybody, rich and poor. After hearing
out the attorney on all his points, we went back over that portion of the
story one more time with a fine-toothed comb. Because we had already
fact-checked it so carefully, all that was needed was to rework our
phraseology in a couple of places. But the point is, even just to repeat
what the government itself has already concluded about these Wall
Street characters, one has to be incredibly careful.
This whole question of regulation and criminal justice is a matter
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of who has the best lawyers, and who are the lawyers. The simple truth
is that Wall Street owns all the best lawyers, and even the ones who
arent in private practice yet soon will be, and they know it. Even if they
start out as prosecutors ostensibly representing ordinary people, they
will sooner or later become millionaire defense flacks like the one
who visited our offices, using their considerable legal skills to throw up
thick binders full of fiendish bulwarks to any kind of assertion of
wrongdoing.
The reason I tell this story is to explain how it is that so much can
have gone wrong, and yet no one has been held responsible. The law is
a fungible thing: no matter what is actually written on the books, people in positions of responsibility have to at least generally agree as to
what the laws are in order for them to have any practical effect. And if
a big enough group of influential people collectively decides that theres
nothing illegal per se about hiding billions in debts from investors, or
defrauding homeowners with predatory mortgages, or making born-tolose derivative deals and selling them to foreign banks as AAA-rated
investments, then that consensus affects everyone. It seeps into the SEC
and the Department of Justice, which is staffed with once and future
employees of the big legal defense firms, where this consensus was born
in the first place.
And it bleeds far enough into the public consciousness that even
within the walls of a magazine like Rolling Stone, the mere decision to
call these frauds and thefts wrong and illegal and deserving of punishment is highly controversialeven in our own minds, in the minds of
politically conscious, liberal-arts-educated lefties, its hard to take that
step. Its not just the threat of a lawsuit you have to overcome, although
thats certainly a real enough problem; its that this consensus has dominated the intellectual atmosphere for so long that you end up doubleand triple-checking yourself before leveling any kind of accusation of
criminality upward. On the other hand, when you think about the
crimes committed by people on the street, about guys selling eight-balls
of coke in alleys and ripping stereos out of cars, your mind shifts instantly to punishment and arrest. Theres no intellectual obstacle stifling the instinct for punishment and justice.
If I might make a quick digression here, think for instance in com-
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parison about the American attitude toward the sale of drugs. Street
dealing is a strictly economic activity voluntarily undertaken by two
consenting adults. Its against the law here, but one could make the argument that thats purely an accident of history; its not illegal everywhere in the world, and selling some of the same drugs one hundred
years ago was legal even in this country. But in the last century or so,
the sale of narcotics in America has been broadly criminalized and a
massive police apparatus has grown up around this now-illegal business, which very conveniently is often the chief commercial activity
driving the economies of poor and nonwhite neighborhoods.
That selling drugs and taking drugs is not widely considered inherently wrong is proven by the fact that large majorities of the population,
including at least a few presidents, have guiltlessly engaged in the activity. If youre white and have money, the chances are very good that you
smoked pot from high school on and dabbled at least occasionally in
harder stuff somewhere along the line. But do you think of yourself as
a criminal? Absolutely not. It just happens to be widely understood that
a certain type of nonviolent economic activity is technically illegal in
our society and if you want to be sure of avoiding punishment for engaging in it, you cant do it openly if youre on the campus of Harvard
or Penn State, and probably not at all if you live on a heavily patrolled
street in the Bronx or East St. Louis.
To me this is no different from the laws against selling rabbit hats
or blue jeans, or changing money, that I experienced as a college student in the Soviet Union. While the buying and selling of black-market
goods was so pervasive and morally accepted that party members and
other high-ranking officials didnt worry at all about wearing Western
clothes in public (Raisas furs and Mishas tailored suits come to mind),
all the same there was a giant police force ready to jail you if you were
caught selling, say, a pair of Dutch dress socks to a tourist in Red
Square. While most Russian citizens understood that there wasnt anything morally wrong with these activities, few people questioned it
whenever the police hauled away a farsovshik (black marketeer) to do
time. Thats just the way things were. It was just generally understood
that when it came to buying and selling black-market consumer goods,
what was okay for a party secretary to do in a back room of the Dom
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no money down could be investment-grade securities. But the defenders of these bankers still insist that there cant be a crime without concrete proof of the bankers mental state when selling those properties.
Again, imagine a drug dealer busted for selling a bag of Dra-no instead of heroin arguing, with a straight face, that he didnt know that his
product was harmful to his buyers. Think that would go over well? And
lets say a dozen people end up sick and dying in the hospital because of
the stuff he sold: can you imagine anyone arguing that said dealer still
cant be prosecuted without proof of his mental state? This is where we
are with financial crime. Millions of people around the world lost huge
chunks of their life savings to these deals, but still we insist that we cannot punish the dealer without knowing for sure what was in his head
when he sold us that financial Dra-no.
Well, so be it: lets say now that we have to have proof of their mental state. Heres some proof, right along those linesthe officials from
the two Bear Stearns subprime hedge funds that ultimately blew up
their company. We know, because weve seen the e-mails that were admitted into evidence at their trials, that Ralph Cioffi and Matthew Tannin knew their fund full of subprime junk was toxic long before they
stopped selling it to investors. In April 2007, long before the funds
blew up, Tannin wrote an e-mail to Cioffi, saying, I think we should
close the funds now . . . The entire subprime market is toast.
He also wrote this: The subprime market looks pretty damn
ugly . . . If AAA bonds are systematically downgraded then there is
simply no way for us to make moneyever. Three days later, he was
telling investors that he was very comfortable with exactly where we
are and theres no basis for thinking this is one big disaster.
Investors in the Bear hedge funds ended up losing, collectively,
$1.6 billion dollars. This is exactly what a Wall Street crime looks like:
financial players lying to investors, with documentary evidence to prove
it. Yet a jury found both Cioffi and Tannin not guilty. This was a rare
case of the failure of justice not being the fault of a conspiracy of powerful political interests and captive regulators; this fuckup was on ordinary people in a jury box, who could not bring themselves to see the
Bear funds collapse as a punishable crime.
That the subprime instruments Cioffi and Tannin were selling in
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the first place were essentially worthless counterfeit marketed as rocksolid, perfectly hedged investmentsDra-no sold as dopenever even
entered into the equation. The government focused entirely on the
mental state issue and jurors couldnt see the crime. The state even
had the e-mails proving that these rich hustlers knew they were piloting
a financial Titanic and repeatedly failed to tell their passengers to head
for the lifeboats. And it wasnt enough.
After the acquittal in the Bear case there was widespread criticism
of the Department of Justice for even subjecting poor Cioffi and Tannin to a trial. Wasnt it enough that they went through the shame of seeing their funds blow up? (A side note: This on Wall Street, shame is
enough argument is incredibly common. I even had a high-ranking financial regulator tell me privately once that the absurdly small $80,000
and $100,000 fines for two Citigroup officials caught hiding billions in
liabilities was appropriate because just bringing a case against the CFO
of a company like Citigroup is a really big deal.)
A law professor at the University of Illinois summed up the consensus on the Bear case nicely. He said the Bear fiasco was about standard business dealings where the views of the markets were shifting
rapidly and these guys were being criminally punished for expressing
views on one day and acting differently another day. He added: This
never should have been the subject of a criminal prosecution.
In the end, the only things that made the crimes of these people
difficult for the public to see were the identities of the potential defendants. In almost any other arena, fraud is loathed and despised as not
merely a technically illegal economic activity like selling rabbit hats in
Red Square, or selling weed in Washington Square. Rather, its understood to be a dangerous and destructive crime with victims who really
suffer.
Even when Crazy Eddie Antar was caught scamming investors by
filling warehouses with empty boxes when auditors inspected his inventory, there was no call from the public to let good old Crazy Eddie
off because he was just trying to make money and engaging in standard business dealings where the views of the markets were shifting
rapidly. People understood that Eddie Antar was a rip-off artist, and it
came as no surprise when it was learned that he was involved in all sorts
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who owns a cigarette case made of human skin, explains the distinction
to Greenes British antihero, Wormold:
Did you torture him?
Captain Segura laughed. No. He doesnt belong to the torturable
class.
I didnt know there were class-distinctions in torture.
Dear Mr. Wormold, surely you realize there are people who expect
to be tortured and others who would be outraged by the idea. One never
tortures except by a kind of mutual agreement.
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it seems. If you strip away all the verbiage and the long-winded explanations and bought-off legal and accounting opinions, all were dealing
with here is simple stealing and lying and fraud. Its crime and people
need to go to jail for it: end of story. The issues in Griftopia are really
law-enforcement issues, and these stories are cops-and-robbers stories.
Describing them as anything else actually clouds the issue.
Anyway, included in this paperback edition are two more of these
crime stories I wrote for Rolling Stone after Griftopia was put to bed.
Looting Main Street is about the Jefferson County, Alabama, financial disaster, which shows how the same sorts of financial scams that undermined Greece were devised and executed in small-town America.
Here were dealing with crime in the baldest conceivable sense of the
word: small-town officials literally bribed with cash and gifts to stick
taxpayers with billions in crappy, toxic loans. The theft was so overt
that in one case, one bank (JPMorgan Chase) actually paid millions to
another bank (Goldman Sachs) to back off the dealas obvious a case
of anticompetitive behavior as youll find. And again, when disaster
strikes, its not the bankers who suffer, its the ordinary people who live
in the Birmingham, Alabama, area who see their city stripped down
and sold for parts.
Invasion of the Home Snatchers is another true-crime story,
about the foreclosure crisis. Again, this was a story that was sold to
America as an economic disaster, something that happened organically thanks to a poor economy. In fact, it was just criminal fraud on a
massive scale. If you peel back the paperwork even a little bit, you see
the crime there, bare as can be.
When the financial crisis first struck, it was, for most people, terrifying, depressing, and confusing all at once. Years later it is, at the very
least, no longer all that confusing. This material really isnt that hard;
these guys arent nearly as sophisticated as theyd like you to think. Its
just stealing, no matter what their lawyers choose to call it. And while
theres often despair at the question of what to do about this crisisthe
issues seem so staggeringly complex and both the economy and the
regulatory system seem so brokento me the first step is a very simple
one. Find the people who are stealing and give them jail time; lets start
with that.
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You will often hear pundits asking, with straight faces, certain
rhetorical questions about the issue of punishment for financial crime.
What good would it do, they ask, to put this or that banker CEO in
jail for fraud? After all, they say, giving a Dick Fuld or John Thain jail
time wont change anything.
Which is an interesting point, but consider this: when was the last
time anyone stood up at a car thief s trial and argued that jail time
wasnt warranted because putting the defendant in jail wouldnt end car
theft? We dont make that argument because its absurd; thats not how
we measure justice. The chief problem of the financial crisis is that it
has made inequality systematic and created two political systems, one
for Wall Street and one for everybody else, a financially torturable class.
The country has underlying economic problems for sure, and those will
be difficult to untangle, but the inequality problem can be fixed relatively quickly. If we force the people on Wall Street to live under our
laws and our criminal justice system, who knowsthey may even start
to see themselves as citizens of the same country. And behave accordingly.
M ATT TAIBBIS
GRIFTOPIA
a story of bankers , politicians , and the most au dac i o u s
power grab in american history
UPDAT E D A N D E X PA N D ED
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