Posted by
Always To The Right on Monday, September 29, 2008 10:23:54 AM
By 2004, all of the elements of the current financial collapse had been
in place for several years. The aggressive approach to enforcing the
Community Reinvestment Act (CRA) started under Bill Clinton in 1998,
and the seemingly endless appetite for paper by Fannie Mae and Freddie
Mac had turned massive amounts of bad loans into mortgage-backed
securities to spread their cancer throughout the system. In 2004, a
year after the Bush administration tried to tighten regulation and
oversight on Fannie and Freddie, Congress was told yet again that
disaster loomed. The Democratic response is instructive to seeing who
really sat back and allowed this collapse to occur (via Power Line)
Maxine Waters: Through nearly a dozen hearings, we
were frankly trying to fix something that wasn’t broke. Mr. Chairman,
we do not have a crisis at Freddie Mac, and particularly at Fannie Mae,
under the outstanding leadership of Franklin Raines. [Raines would
barely avoid prosecution for fraud.]
Gregory Meeks: … I’m just pissed off at OFHEO [the
regulators trying to warn Congress of insolvency at the GSEs], because
if it wasn’t for you, I don’t think we’d be here in the first place. …
There’s been nothing that indicated that’s wrong with Fannie Mae,
Freddie Mac has come up on its own … The question that then comes up is
the competence that your agency has with reference to deciding and
regulating these GSEs.
Lacy Clay: This hearing is about the political lynching of Franklin Raines.
Barney Frank: I don’t see anything in this report that raises safety and soundness problems.
In 2005, Fortune published a lengthy anaylsis of the impending crash of Fannie Mae, and included this altercation between OFHEO and Congress:
Two weeks later Falcon and Raines faced off against each
other in a hearing before the House subcommittee on capital markets,
which was chaired by Baker. Consider the circumstances. Falcon was
Fannie’s regulator and had leveled serious charges, amounting to fraud,
against Fannie Mae. Most CEOs would have seen the wisdom of humility at
this point, but Raines showed little. “These accounting standards are
highly complex and require determinations on which experts often
disagree,” he said, adding that “there were no facts” that supported
OFHEO’s charge that Fannie executives had deferred an expense in 1998
to earn bonuses.
And most of the Democrats present agreed with him. “This hearing is
about the political lynching of Franklin Raines,” said Congressman
William Lacy Clay of Missouri. Massachusetts Congressman Barney Frank
said, “I see nothing in here that suggests that safety and soundness
are an issue.” Other Democrats complained that the mere fact of
releasing the report could increase the cost of home-ownership.
“Is it possible that by casting all of these aspersions … you
potentially are weakening this institution in the market, that you are
potentially weakening the housing market in this country?” Congressman
Artur Davis of Alabama demanded. When Falcon tried to answer, Davis
acted like a prosecutor grilling a hostile witness. He wanted a
one-word answer: yes or no. “Is that possible?” he asked again.
“I have never seen anyone treated as disrespectfully as Armando
Falcon was by the Democrats and by Franklin Raines,” recalls one
congressional aide. Adds Andrew Cuomo: “I credit him for not folding
and not caving and not running, because he took a tremendous beating.”
Unfortunately for the Democrats at this hearing, Raines then doubled
down and demanded that the SEC give a second opinion on his business
practices. After an investigation, the SEC agreed with Falcon and
demanded that Fannie Mae restate its earnings all the way back to 2001
— at which point Raines’ fraud got uncovered. OFHEO had been correct,
and the Democrats in this committee meeting had done their level best
to interfere with the regulator to cover up for Raines’ fraud.