Obama's Money Cartel

Fronting for the most vicious predators on Wall Street

Guest Opinion
By Pam Martens

Wall Street, known variously as a barren wasteland for diversity or the last plantation in America, has defied courts and the Equal Employment Opportunity Commission (EEOC) for decades in its failure to hire blacks as stockbrokers. Now it’s marshalling its money machine to elect a black man to the highest office in the land. Why isn’t the press curious about this?

Walk into any of the largest Wall Street brokerage firms today and you’ll see a self-portrait of upper management racism and sexism: women sitting at secretarial desks outside fancy offices occupied by predominantly white males. According to the EEOC as well as the recent racial discrimination class actions filed against UBS and Merrill Lynch, blacks make up between 1 per cent to 3.5 per cent of stockbrokers -- this after 30 years of litigation, settlements and empty promises to do better by the largest Wall Street firms.

The first clue to an entrenched white male bastion seeking a black male occupant in the oval office (having placed only five blacks in the U.S. Senate in the last two centuries) appeared in February on a chart at the Center for Responsive Politics website. It was a list of the 20 top contributors to the Barack Obama campaign, and it looked like one of those comprehension tests where you match up things that go together and eliminate those that don’t. Of the 20 top contributors, I eliminated six that didn’t compute. I was now looking at a sight only slightly less frightening to democracy than a Diebold voting machine. It was a Wall Street cartel of financial firms, their registered lobbyists, and go-to law firms that have a death grip on our federal government.

Why is the “yes, we can” candidate in bed with this cartel? How can "we," the people, make change if Obama’s money backers block our ability to be heard?

Seven of the Obama campaign’s top 14 donors consisted of officers and employees of the same Wall Street firms charged time and again with looting the public and newly implicated in originating and/or bundling fraudulently made mortgages. These latest frauds have left thousands of children in some of our largest minority communities coming home from school to see eviction notices and foreclosure signs nailed to their front doors. Those scars will last a lifetime.

These seven Wall Street firms are (in order of money given): Goldman Sachs, UBS AG, Lehman Brothers, JP Morgan Chase, Citigroup, Morgan Stanley and Credit Suisse. There is also a large hedge fund, Citadel Investment Group, which is a major source of fee income to Wall Street. There are five large corporate law firms that are also registered lobbyists; and one is a corporate law firm that is no longer a registered lobbyist but does legal work for Wall Street. The cumulative total of these 14 contributors through February 1, 2008, was $2,872,128, and we’re still in the primary season.

But hasn’t Senator Obama repeatedly told us in ads and speeches and debates that he wasn’t taking money from registered lobbyists? Hasn’t the press given him a free pass on this statement?
Barack Obama, speaking in Greenville, South Carolina on January 22, 2008:

"Washington lobbyists haven’t funded my campaign, they won’t run my White House, and they will not drown out the voices of working Americans when I am president."



Barack Obama, in an email to supporters on June 25, 2007, as reported by the Boston Globe:

"Candidates typically spend a week like this – right before the critical June 30th financial reporting deadline – on the phone, day and night, begging Washington lobbyists and special interest PACs to write huge checks. Not me. Our campaign has rejected the money-for-influence game and refused to accept funds from registered federal lobbyists and political action committees."



The Center for Responsive Politics website allows one to pull up the filings made by lobbyists, registering under the Lobbying Disclosure Act of 1995 with the clerk of the U.S. House of Representatives and secretary of the U.S. Senate. These top five contributors to the Obama campaign have filed as registered lobbyists: Sidley Austin LLP; Skadden, Arps, et al; Jenner & Block; Kirkland & Ellis; Wilmerhale, aka Wilmer Cutler Pickering.

Is it possible that Senator Obama does not know that corporate law firms are also frequently registered lobbyists? Or is he making a distinction that because these funds are coming from the employees of these firms, he’s not really taking money directly from registered lobbyists? That thesis seems disingenuous when many of these individual donors own these law firms as equity partners or shareholders and share in the profits generated from lobbying.

Far from keeping his distance from lobbyists, Senator Obama and his campaign seems to be brainstorming with them.

The political publication, The Hill, reported on December 20, 2007, that three salaried aides on the Obama campaign were registered lobbyists for dozens of corporations. (The Obama campaign said they had stopped lobbying since joining the campaign.) Bob Bauer, counsel to the Obama campaign, is an attorney with Perkins Coie. That law firm is also a registered lobbyist.

What might account for this persistent (but non-reality based) theme of distancing the Obama campaign from lobbyists? Odds are it traces back to one of the largest corporate lobbyist spending sprees in the history of Washington whose details would cast an unwholesome pall on the Obama campaign, unless our cognitive abilities are regularly bombarded with abstract vacuities of hope and change and sentimental homages to Dr. King and President Kennedy .

On February 10, 2005, Senator Obama voted in favor of the passage of the Class Action Fairness Act of 2005. Senators Biden, Boxer, Byrd, Clinton, Corzine, Durbin, Feingold, Kerry, Leahy, Reid and 16 other Democrats voted against it. It passed the Senate 72-26 and was signed into law on February 18, 2005.

Here is an excerpt of remarks Senator Obama made on the Senate floor on February 14, 2005, concerning the passage of this legislation:

"Every American deserves their day in court. This bill, while not perfect, gives people that day while still providing the reasonable reforms necessary to safeguard against the most blatant abuses of the system. I also hope that the federal judiciary takes seriously their expanded role in class action litigation, and upholds their responsibility to fairly certify class actions so that they may protect our civil and consumer rights..."



Three days before Senator Obama expressed that fateful yea vote, 14 state attorneys general, including Lisa Madigan of Senator Obama’s home state of Illinois, filed a letter with the Senate and House, pleading to stop the passage of this corporate giveaway: The AGs wrote: "State attorneys general frequently investigate and bring actions against defendants who have caused harm to our citizens... In some instances, such actions have been brought with the attorney general acting as the class representative for the consumers of the state. We are concerned that certain provisions of S.5 might be misinterpreted to impede the ability of the attorneys general to bring such actions..."

The Senate also received a desperate plea from more than 40 civil rights and labor organizations, including the NAACP, Lawyers Committee for Civil Rights Under Law, Human Rights Campaign, American Civil Liberties Union, Center for Justice and Democracy, Legal Momentum (formerly NOW Legal Defense and Education Fund), and Alliance for Justice. They wrote as follows:


"Under the [Class Action Fairness Act of 2005], citizens are denied the right to use their own state courts to bring class actions against corporations that violate these state wage and hour and state civil rights laws, even where that corporation has hundreds of employees in that state. Moving these state law cases into federal court will delay and likely deny justice for working men and women and victims of discrimination. The federal courts are already overburdened. Additionally, federal courts are less likely to certify classes or provide relief for violations of state law."



This legislation, which dramatically impaired labor rights, consumer rights and civil rights, involved five years of pressure from 100 corporations, 475 lobbyists, tens of millions of corporate dollars buying influence in our government, and the active participation of the Wall Street firms now funding the Obama campaign. "The Civil Justice Reform Group, a business alliance comprising general counsels from Fortune 100 firms, was instrumental in drafting the class-action bill," says Public Citizen.

One of the hardest working registered lobbyists to push this corporate giveaway was the law firm Mayer-Brown, hired by the leading business lobby group, the U.S. Chamber of Commerce. According to the Center for Responsive Politics, the Chamber of Commerce spent $16 million in just 2003, lobbying the government on various business issues, including class action reform.

According to a 2003 report from Public Citizen, Mayer-Brown’s class action lobbyists included "Mark Gitenstein, former chief counsel to the Senate Judiciary Committee and a leading architect of the Senate strategy in support of class-action legislation; John Schmitz, who was deputy counsel to President George H.W. Bush; David McIntosh, former Republican congressman from Indiana; and Jeffrey Lewis, who was on the staffs of both Sen. John Breaux (D-La) and Rep. Billy Tauzin (R-La)."

While not on the Center for Responsive Politics list of the top 20 contributors to the Obama presidential campaign, Mayer-Brown’s partners and employees are in rarefied company, giving a total of $92,817 through December 31, 2007, to the Obama campaign. (The firm is also defending Merrill Lynch in court against charges of racial discrimination.)

Senator Obama graduated Harvard Law magna cum laude and was the first black president of the Harvard Law Review. Given those credentials, one assumes that he understood the ramifications to the poor and middle class in this country as he helped gut one of the few weapons left to seek justice against giant corporations and their legions of giant law firms. The class-action vehicle confers upon each citizen one of the most powerful rights in our society: the ability to function as a private attorney general and seek redress for wrongs inflicted on ourselves as well as for those similarly injured that might not otherwise have a voice.

Those rights should have been strengthened, not restricted, at this dangerous time in our nation’s history. According to a comprehensive report from the nonprofit group, United for a Fair Economy, over the past eight years the total loss of wealth for people of color is between $164 billion and $213 billion for subprime loans which is the greatest loss of wealth for people of color in modern history:

"According to federal data, people of color are more than three times more likely to have subprime loans: high-cost loans account for 55 per cent of loans to blacks, but only 17 per cent of loans to whites."



If there had been equitable distribution of subprime loans, losses for white people would be 44.5 per cent higher and losses for people of color would be about 24 per cent lower. "This is evidence of systemic prejudice and institutional racism."

Before the current crisis, based on improvements in median household net worth, it would take 594 more years for blacks to achieve parity with whites. The current crisis is likely to stretch this even further.

So, how should we react when we learn that the top contributors to the Obama campaign are the very Wall Street firms whose shady mortgage lenders buried the elderly and the poor and minority under predatory loans? How should we react when we learn that on the big donor list is Citigroup, whose former employee at CitiFinancial testified to the Federal Trade Commission that it was was standard practice to target people based on race and educational level, with the sales force winning bonuses called "Rocopoly Money" (like a sick board game), after "blitz" nights of soliciting loans by phone? How should we react when we learn that these very same firms, arm in arm with their corporate lawyers and registered lobbyists, have weakened our ability to fight back with the class-action vehicle?

Should there be any doubt left as to who owns our government? The very same cast of characters making the Obama hit parade of campaign loot are the clever creators of the industry solutions to the wave of foreclosures gripping this nation’s poor and middle class, effectively putting the solution in the hands of the robbers. The names of these programs (that have failed to make a dent in the problem) have the same vacuous ring: Hope Now; Project Lifeline.

Senator Obama has become the inspiration and role model to millions of children and young people in this country. He has only two paths now: to be a dream maker or a dream killer. But be assured of one thing: this country will not countenance any more grand illusions.

The Obama phenomenon has been likened to that of cults, celebrity groupies and Messiah worshipers. But what we’re actually witnessing is ObamaMania (as in tulip mania), the third and final bubble orchestrated and financed by the wonderful Wall Street folks who brought us the first two: the Nasdaq/tech bubble and a subprime-mortgage-in-every-pot bubble.

To understand why Wall Street desperately needs this final bubble, we need to first review how the first two bubbles were orchestrated and why.

In March of 2000, the Nasdaq stock market, hyped with spurious claims for startup tech and dot.com companies, reached a peak of over 5,000. Eight years later, it’s trading in the 2,300 range and most of those companies no longer exist. From peak to trough, Nasdaq transferred over $4 trillion from the pockets of small mania-gripped investors to the wealthy and elite market manipulators.

The highest monetary authority during those bubble days, Alan Greenspan, chairman of the Federal Reserve, consistently told us that the market was efficient and stock prices were being set by the judgment of millions of "highly knowledgeable" investors.

Mr. Greenspan was the wind beneath the wings of a carefully orchestrated wealth transfer system known as "pump and dump" on Wall Street. As hundreds of court cases, internal emails, and insider testimony now confirm, this bubble was no naturally occurring phenomenon any more than the Obama bubble is.

First, Wall Street firms issued knowingly false research reports to trumpet the growth prospects for the company and stock price; second, they lined up big institutional clients who were instructed how and when to buy at escalating prices to make the stock price skyrocket (laddering); third, the firms instructed the hundreds of thousands of stockbrokers serving the mom-and-pop market to advise their clients to sit still as the stock price flew to the moon or else the broker would have his commissions taken away (penalty bid). While the little folks' money served as a prop under prices, the wealthy elite on Wall Street and corporate insiders were allowed to sell at the top of the market (pump-and-dump wealth transfer).

Why did people buy into this mania for brand new, untested companies when there is a basic caveat that most people in this country know, i.e., the majority of all new businesses fail? Common sense failed and mania prevailed because of massive hype pumped by big media, big public relations, and shielded from regulation by big law firms, all eager to collect their share of Wall Street’s rigged cash cow.

The current housing bubble bust is just a freshly minted version of Wall Street’s real estate limited partnership frauds of the ‘80s, but on a grander scale. In the 1980s version, the firms packaged real estate into limited partnerships and peddled it as secure investments to moms and pops. The major underpinning of this wealth transfer mechanism was that regulators turned a blind eye to the fact that the investments were listed at the original face amount on the clients’ brokerage statements long after they had lost most of their value.

Today’s real estate related securities (CDOs and SIVs) that are blowing up around the globe are simply the above scheme with more billable hours for corporate law firms.

Wall Street created an artificial demand for housing (a bubble) by soliciting high interest rate mortgages (subprime) because they could be bundled and quickly resold for big fees to yield-hungry hedge funds and institutions. A major underpinning of this scheme was that Wall Street secured an artificial rating of AAA from rating agencies that were paid by Wall Street to provide the rating. When demand from institutions was saturated, Wall Street kept the scheme going by hiding the debt off its balance sheets and stuffed this long-term product into mom-and-pop money markets, notwithstanding that money markets are required by law to hold only short-term investments. To further perpetuate the bubble as long as possible, Wall Street prevented pricing transparency by keeping the trading off regulated exchanges and used unregulated over-the-counter contracts instead. (All of this required lots of lobbyist hours in Washington.)

But how could there be a genuine national housing price boom propelled by massive consumer demand at the same time there was the largest income and wealth disparity in the nation’s history? Rational thought is no match for manias.

That brings us to today’s bubble. We are being asked to accept on its face the notion that after more than two centuries of entrenched racism in this country, which saw only five black members of the U.S. Senate, it’s all being eradicated with some rousing stump speeches.

We are asked to believe that those kindly white executives at all the biggest Wall Street firms, which rank in the top 20 donors to the Obama presidential campaign, after failing to achieve more than 3.5 per cent black stockbrokers over 30 years, now want a black populist president because they crave a level playing field for the American people.

The number one industry supporting the Obama presidential bid, by the start of February, -- the crucial time in primary season -- according to the widely respected, nonpartisan Center for Responsive Politics, was “lawyers/law firms” (most on Wall Street’s payroll), giving a total of $11,246,596.

This presents three unique credibility problems for the yes-we-can-little-choo-choo-that-could campaign: (1) these are not just "lawyers/law firms;" the vast majority of these firms are also registered lobbyists at the Federal level; (2) Senator Obama has made it a core tenet of his campaign platform that the way he is gong to bring the country hope and change is not taking money from federal lobbyists; and (3) with the past seven ignoble years of lies and distortions fresh in the minds of voters, building a candidacy based on half-truths is not a sustainable strategy to secure the west wing from the right wing.

Yes, the other leading presidential candidates are taking money from lawyers/law firms/lobbyists, but Senator Obama is the only one rallying with the populist cry that he isn’t. That makes it not only a legitimate but a necessary line of inquiry.

The Obama campaign’s populist bubble is underpinned by what, on the surface, seems to be a real snoozer of a story. It all centers around business classification codes developed by the U.S. government and used by the Center for Responsive Politics to classify contributions. Here’s how the Center explained its classifications in 2003:

"The codes used for business groups follow the general guidelines of the Standard Industrial Classification (SIC) codes initially designed by the Office of Management and Budget and later replaced by the North American Industry Classification System (NAICS)..."



The Akin Gump law firm is a prime example of how something as mundane as a business classification code can be gamed for political advantage. According to the Center for Responsive Politics, Akin Gump ranks third among all Federal lobbyists, raking in $205,225,000 to lobby our elected officials in Washington from 1998 through 2007. The firm is listed as a registered federal lobbyist with the House of Representatives and the Senate; the firm held lobbying retainer contracts for more than 100 corporate clients in 2007. But when its non-registered law partners, the people who own this business and profit from its lobbying operations, give to the Obama campaign, the contribution is classified as coming from a law firm, not a lobbyist.

The same holds true for Greenberg Traurig, the law firm that employed the criminally inclined lobbyist, Jack Abramoff. Greenberg Traurig ranks ninth among all lobbyists for the same period, with lobbying revenues of $96,708,249. Its partners and employee donations to the Obama campaign of $70,650 by February 1 -- again at that strategic time -- appear not under lobbyist but the classification lawyers/law firms, as do 30 other corporate law firm/lobbyists.

Additionally, looking at Public Citizen’s list of bundlers for the Obama campaign (people soliciting donations from others), 27 are employed by law firms registered as federal lobbyists. The total sum raised by bundlers for Obama from these 27 firms till February 1: $2,650,000. (There are also dozens of high powered bundlers from Wall Street working the Armani-suit and red-suspenders cocktail circuits, like Bruce Heyman, managing director at Goldman Sachs; J. Michael Schell, vice chairman of Global Banking at Citigroup; Louis Susman, managing director, Citigroup; Robert Wolf, CEO, UBS Americas. Each raised over $200,000 for the Obama campaign.)

Senator Obama’s premise and credibility of not taking money from federal lobbyists hangs on a carefully crafted distinction: he is taking money, lots of it, from owners and employees of firms registered as federal lobbyists but not the actual individual lobbyists.

But is that dealing honestly with the American people? According to the website of Akin Gump, it takes a village to deliver a capital to the corporations:

"The public law and policy practice [lobbying] at Akin Gump is integrated throughout the firm’s offices in the United States and abroad. As part of a full-service law firm, the group is able to draw upon the experience of members of other Akin Gump practices – including bankruptcy, communications, corporate, energy, environmental, labor and employment, health care, intellectual property, international, real estate, tax and trade regulation – that may have substantive, day-to-day experience with the issues that lie at the heart of a client’s situation. This is the internal component of Akin Gump’s team-based approach: matching the needs of clients with the appropriate area of experience in the firm ... Akin Gump has a broad range of active representations before every major committee of Congress and executive branch department and agency."



When queried about this, Massie Ritsch, communications director at the Center for Responsive Politics, says: "The wall between a firm’s legal practice and its lobbying shop can be low – the work of an attorney and a lobbyist trying to influence regulations and laws can be so intertwined. So, if anything, the influence of the lobbying industry in presidential campaigns is undercounted."

Those critical thinkers over at the Black Agenda Report for the Journal of African American Political Thought and Action have zeroed in on the making of the Obama bubble:

"The 2008 Obama presidential run may be the most slickly orchestrated marketing machine in memory. That’s not a good thing. Marketing is not even distantly related to democracy or civic empowerment. Marketing is about creating emotional, even irrational bonds between your product and your target audience."



And slick it is. According to the Obama campaign’s financial filings with the Federal Election Commission (FEC) and aggregated at the Center for Responsive Politics, the Obama campaign has spent over $52 million on media, strategy consultants, image building, marketing research and telemarketing.

The money has gone to firms like GMMB, whose website says its "goal is to change minds and change hearts, win in the court of public opinion and win votes” using “the power of branding – with principles rooted in commercial marketing," and Elevation Ltd., which targets the Hispanic population and has "a combined experience of well over 50 years in developing and implementing advertising and marketing solutions for Fortune 500 companies, political candidates, government agencies."

Their client list includes the Department of Homeland Security. There’s also the Birmingham, Alabama, based The Parker Group which promises: "Valid research results are assured given our extensive experience with testing, scripting, skip logic, question rotation and quota control ... In-house list management and maintenance services encompass sophisticated geo-coding, mapping and scrubbing applications." Is it any wonder America’s brains are scrambled?

The Wall Street plan for the Obama-bubble presidency is that of the cleanup crew for the housing bubble: sweep all the corruption and losses, would-be indictments, perp walks and prosecutions under the rug and get on with an unprecedented taxpayer bailout of Wall Street. (The corporate law firms have piled on to funding the plan because most were up to their eyeballs in writing prospectuses or providing legal opinions for what has turned out to be bogus AAA securities. Lawsuits naming the Wall Street firms will, no doubt, shortly begin adding the law firms that rendered the legal guidance to issue the securities.) Who better to sell this agenda to the millions of duped mortgage holders and foreclosed homeowners in minority communities across America than our first, beloved, black president of hope and change?

Why do Wall Street and the corporate law firms think they will find a President Obama to be accommodating? As the Black Agenda Report notes, "Evidently, the giant insurance companies, the airlines, oil companies, Wall Street, military contractors and others had closely examined and vetted Barack Obama and found him pleasing."

That vetting included his remarkable "yes" vote on the Class Action Fairness Act of 2005, a five-year effort by 475 lobbyists, despite appeals from the NAACP and every other major civil rights group. Thanks to the passage of that legislation, when defrauded homeowners of the housing bubble and defrauded investors of the bundled mortgages try to fight back through the class-action vehicle, they will find a new layer of corporate-friendly hurdles.

I personally admire Senator Obama. I want to believe Senator Obama is not a party to the scheme. But corporate interests have had plenty of time to do their vetting. Democracy demands no less of we, the people.

Pam Martens writes on public interest issues from New Hampshire. She can be reached at pamk741 ~~AT~~ aol.com.