Peru: scandal over Israeli security contractor
WW4 Report – 03/31/2013
Peru’s Congress has opened a high-profile investigation into a contract with Israeli security firm Global CST, entered into by the previous government of Álan García, an audit by the Comptroller General of the Republic found irregularities in the deal. The probe concluded that the Peruvian state had lost $16 million when the firm failed to fulfil terms of its contract with the Armed Forces Joint Command. A congressional oversight commission has questioned three former cabinet members in the scandal—ex-housing minister Hernán Garrido, and ex-defense ministers Ántero Flores Aráoz and Rafael Rey—as well as ex-Joint Command chief Gen. Francisco Contreras. Special anti-corruption prosecutor Julio Arbizu has called on García himself to testify before what is being called the Mega-Commission, and for the attorney general’s office, or Fiscalía, to investigate the former president.
Global CST, whose founder and director is IDF reserve Gen. Israel Ziv, was secretly contracted in 2009 to help Peru’s military fight remnant Sendero Luminoso rebels in the Apurímac-Ene River Valley (VRAE). Testimony and documents confirm that Rey exchanged communication directly with Israel’s then-foreign minister Avigdor Lieberman over the deal, and called upon him to pressure CST’s competitor Armaz to drop out of the bidding process. According to testimony, Garrido also helped Global CST arrange a similar deal with the government of Colombia before recommending the firm to Peru’s own armed forces.
Also named is ex-admiral Carlos Tubino, now a lawmaker for the Fuerza Popular party, headed by Keiko Fujimori, daughter of imprisoned ex-dictator Alberto Fujimori. Both Fujimoristas and supporters of García’s APRA charge that the investigation is politically motivated. (IPS, La Primera, March 22; Perú21, March 15; Perú21, March 8)
Controversy also surrounds contracts with the Israel Corporation, which has bought into Peru’s energy sector.
Russia slams US ‘interference’ for vowing to continue NGO funding
RT | March 30, 2013
Russia’s Foreign Ministry has condemned the US over its plan to continue financing certain Russian NGOs. Moscow has accused Washington of meddling in its domestic affairs.
“We consider the statement by the US State Department official representative Victoria Nuland, saying the US is going to continue financing some of Russia’s NGOs through intermediaries in third countries, avoiding the Russian legislature, a blatant interference into our internal affairs,” Russian Foreign Ministry spokesperson Aleksandr Lukashevich said in a statement on Saturday.
Mass audits of Russian NGOs started on March 21, on orders from the Justice Ministry and the Prosecutor General’s office.
The checks immediately sparked criticism in the international rights community, which labeled them an attempt to pressure activists. Russia has maintained the checks are regular inspections to see if NGO work complies with Russian law – legislation was recently amended to require that NGOs receiving foreign funding register as ‘foreign agents.’
Victoria Nuland, US State Department spokesperson, said that Washington’s NGO funding will continue unabated: “We are providing funding through platforms outside of Russia for those organizations that continue to want to work with us,” she said at a Thursday briefing.
The Russian Foreign Ministry believes the US is engaged in “direct instigating of certain non-governmental and public structures to violate legislation related to the work of non-governmental organisations in the Russian Federation,” according to Lukashevich’s statement.
Russian diplomats were also incensed by Victoria Nuland’s description of the NGO raids as a “witch hunt.” Lukashevich’s statement described his American counterpart’s choice of words as “cynical and provocative.”
Moscow has said that its NGO policy is in line with generally accepted international practices. So far, auditors have reported no infractions in the activities of non-governmental groups, apart from one incident. On Thursday, ‘For Human Rights’ leader Lev Ponomaryov refused to turn over working documents to inspectors, saying that his organization had already been subjected to a recent check.
Law enforcers said the act was a refusal to comply with lawful demands, and started an administrative case against the activist.
President Putin on Friday asked Russia’s top Human Rights Commissioner, Vladimir Lukin, to monitor the situation with the NGO raids. “I would like to rule out any excesses there,” Putin said.
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Obama’s cybersecurity plan: Monitor more of the Internet
RT | March 21, 2013
President Barack Obama’s plan to protect the United States’ critical infrastructure against cyberattacks is accelerating quickly as more private sector businesses are signing on to share information with the federal government.
When Pres. Obama rolled out his ‘Improving Critical Infrastructure Cybersecurity’ executive order last month, he asked that classified cyber threat and technical information collected by the government be given to eligible commercial service providers that offer security services to businesses linked to the country’s critical infrastructure.
But in the few short weeks since the order was announced during the president’s annual State of the Union address, warnings of an imminent attack have only increased. CIA Director John Brennan told a panel last week that “the seriousness and the diversity of the threats that this country faces in the cyber domain are increasing on a daily basis,” and US national intelligence chief James Clapper claims there is “a remote chance of a major cyberattack against US critical infrastructure systems during the next two years that would result in long-term, wide-scale disruption of services, such as a regional power outage.”
Upon announcement of the executive order, a handful of defense contractors and telecom companies — namely Lockheed Martin, Raytheon, AT&T and CenturyLink — confirmed that they’d be voluntarily sharing information back and forth with the country’s top intelligence agencies in order to closely monitor any threats that could collapse the country’s critical infrastructure, a vaguely defined category assumed to include the nation’s power systems, telecommunication wires and other major utilities.
“The demand is there. I think the priority is there, and the threat is serious,” Steve Hawkins, vice president of information and security solutions for Raytheon, told Bloomberg earlier in the month.
As warnings of a cyberattack increase, however, the latest news out of Washington is that even more private sector companies with ties to critical infrastructure will be participating in the program. In a report published on Thursday by Reuters, the newswire notes that the framework first outlined during last month’s executive order is already quickly shaping up, with tasks being delegated throughout the US so that threat information can be adequately passed to applicable persons.
According to Reuters’ latest write-up, the executive order will require the National Security Agency to collect classified intelligence on serious hacking attempts aimed at American businesses, which will then be handed over to the Department of Homeland Security to pass on to the telecom and cybersecurity providers — Raytheon, AT&T and others — where employees holding security clearances will scan incoming emails and routine Web traffic for threats to the infrastructure.
But while the government has long asked the entities to open up lines of communication with the NSA and other offices, smaller private-sector businesses could soon be signing on. According to Joseph Menn and Deborah Charles of Reuters, the government is already expanding their cybersecurity program so that even more Web traffic heading into and out of defense contractors will be scanned to include far more of the country’s private, civilian-run infrastructure.
“As a result, more private sector employees than ever before, including those at big banks, utilities and key transportation companies, will have their emails and Web surfing scanned as a precaution against cyberattacks,” they write.
Once those participating companies sign on to get data from Homeland Security, the DHS will send them computer threat “signatures” obtained by the NSA that will offer a list of red flags to be watching out for as huge amounts of Web data is scanned second-by-second and bit-by-bit.
“The companies can use this intelligence to strengthen cybersecurity services they sell to businesses that maintain critical infrastructure,” Bloomberg News reports.
That intelligence, including but not limited to cyber timestamps, indicators and the critical sector potentially, can then be monitored to search for malicious code and viruses sent through America’s Internet with the intent of causing harm. In exchange, the critical infrastructure companies that could be targeted by cyberterrorists will pay the contractors and telecoms for their help.
The threat of a cyberwar crippling America’s power grid and communication systems has been ramped-up in recent weeks, particularly in light of a highly-touted report that linked Chinese state actors with repeated attempts to sabotage US businesses and conduct espionage to steal secrets.
“Increasingly, US businesses are speaking out about their serious concerns about sophisticated, targeted theft of confidential business information and proprietary technologies through cyber intrusions emanating from China on an unprecedented scale,” National Security Adviser Thomas Donilon told the Asia Society in New York last week. “The international community cannot afford to tolerate such activity from any country.”
U.S./Israel Axis of Evil
By Margaret Kimberley | Black Agenda Report | March 20, 2013
President Barack Obama’s visit to Israel signals nothing but bad news for the Palestinian people and probably the people of the rest of the world too. Every American president who has served since Israel’s founding has put chosen Israeli interests over those of their own people. Israel may kill United States servicemen as it did in attacking the U.SS. Liberty in 1967. American citizen Rachel Corrie was crushed to death by an Israeli tractor when she tried to prevent the demolition of a Palestinian home. Furkan Dogan was assassinated by Israeli soldiers on board a freedom flotilla vessel bound for Gaza. Neither the sailors on board the Liberty, nor Corrie, nor Dogan received any justice from their government. There is very little justice when it comes to Israeli/American relations.
It will be important to keep that in mind while watching Obama’s “listening” trip to Israel, Palestine and Jordan. The president’s first visit to Israel since his election is nothing more than a public relations ruse. Obama will do just as his predecessors did in regards to Israel, that is to say, whatever the Israelis want him to do.
It doesn’t matter that Prime Minister Netanyahu practically endorsed Mitt Romney during his presidential campaign. Romney’s well heeled Zionist supporters wasted their war chests and not just because theirs was a losing effort. They were going to get what they wanted from whomever emerged victorious in November. There was no need to spread around all that cash.
If Obama acts true to form during his trip, he will perform his usual double talk routine. He will say things that make his liberal fans happy, such as making bland comments about Palestinian rights. Such talk should be ignored because Obama loves nothing more than behind the scenes wheeling and dealing with people whom he allegedly opposes.
Just as he gave us sequestration and cuts to entitlement programs, he will mouth the right words but give Israel the go ahead on anything they want. Obama is after all the more effective evil. His common sense tells him that a shooting war against Iran would be difficult to pull off, but he has crushed the Iranian economy with sanctions. Iranians are going without food and medicines because the United States and NATO want them to submit to western dictates on nuclear production and on their very existence as a sovereign nation.
One by one, the dominoes have fallen to the Obama regime. On this tenth anniversary of the occupation of Iraq, it is important to remember that Barack Obama made good on the neo-con dream of an American empire. He has gone where Reagan and the Bush presidents would not. He killed Gaddafi, he is destroying Syria, he is sending troops to occupy the African continent.
If anyone can get away with making Israeli fantasies of regional domination come true, it is Obama.
If the flies on the wall during the Obama and Netanyahu meetings could talk, they would have much to tell us. Netanyahu is likely to get his own version of a sequestration deal. A promise to cease and desist from showing badly made drawings of Iranian bombs in exchange for patience and a certainty that the United States will live up to its promise to be Israel’s best friend. Obama’s diabolical ability to make his supporters believe that he isn’t doing things he clearly is doing will come in handy when dealing with the likes of Netanyahu.
The United States will do as it has done for decades. It will keep vetoing United Nations resolutions which criticize Israel. It will keep arming Israel and agreeing to settlements which steal Palestinian land. When Israel decides to massacre people in Lebanon or Gaza or anywhere else, the United States government will either voice support or be silent.
Obama’s relationship with Israel and its American Zionist supporters is but one example of why the ruling classes chose him for the presidency. As we have pointed out in Black Agenda Report, pax Americana could only succeed if the brand was rebooted. “So much face was lost, it required that the Empire put a new, Black face forward, so as to resume the game under (cosmetically) new circumstances.”
The nonsensical dance goes something like this. Racists attack Obama. Progressives defend Obama. Obama goes behind closed doors to do what progressives say they don’t want. Obama lies and claims he didn’t do what he in fact did. Progressives are happy. The world suffers anew.
Obama is not without pride and ego. He did make Netanyahu wait for a meeting after he so publicly backed Romney. Ultimately though, he does what the system requires of him. In the end, Israel will get a pass or even American help for its next nefarious plan. No listening is needed to make that prediction.
Margaret Kimberley lives in New York City and can be reached via e-Mail at Margaret.Kimberley(at)BlackAgendaReport.com.
Will the World Bank Stop Investing in Campesino Assassinations?
By Arthur Phillips | CEPR Americas Blog | March 8, 2013
On February 27, the office of the Compliance Advisor/Ombudsman (CAO) for the World Bank’s International Finance Corporation (IFC) launched an audit of the lending arm’s $30 million investment in Tegucigalpa-based Corporación Dinant, which produces palm oil and food products. The audit comes in response to widespread claims of violence, intimidation, and illegal evictions carried out by Dinant’s private security guards in Honduras’ Bajo Aguán valley, the center of the country’s ongoing land struggle. In offering its resources and reputation to the company, the World Bank and its member countries are complicit in the deaths of countless innocent farmers.
The COA’s review began just two days after the United Nations Working Group on the use of mercenaries urged the Honduran government “to properly investigate and prosecute crimes committed by private security guards and to ensure that victims receive effective remedies.” A delegation from the Working Group was in the country from February 18 to 22, when it met with government officials and representatives of civil society and the private sector, including security firms. The delegates voiced their particular concern about the “alleged involvement of private security companies hired by landowners in widespread human rights violations including killings, disappearances, forced evictions and sexual violence against representatives of peasant associations in the Bajo Aguán region.” Dinant is the largest single landholder in the region.
An appointed panel of unnamed experts is currently convened in Washington, D.C., to review both the IFC’s adherence to its social and environmental policies and the role Dinant has played in the abuses. Many human rights observers consider the company’s owner, Miguel Facussé, to be one of the country’s most powerful men and hold him responsible for the killings of dozens of campesinos.
The audit had been a long time coming. On November 19, 2010, the human rights organization Rights Action wrote a letter to the World Bank’s then-president Robert Zoellick demanding that the financial institution suspend its funding to Honduras. The group cited the “context of grave human rights abuses and lack of independence of the justice system” as grounds to withhold funding, and characterized support for Dinant as “a case of gross negligence of the World Bank’s human rights and due diligence obligations.” In the letter, Rights Action also noted that “at least 19 farmers in this region have been killed in the context of conflicts with biofuel industry interests.” (In a new report released two weeks ago, the same group declared that 88 farmers and their supporters have been killed in Bajo Aguán since January 2010, most of them in targeted assassinations.)
In the ensuing period, the office of the CAO maintained discussions with local civil society organizations and in April 2012, CAO Vice President Meg Taylor informed the IFC that her office was initiating an appraisal of the funding group’s investment in Dinant. That appraisal, having found sufficient grounds for further investigation, culminated this August in the decision to conduct the current audit.
A diverse group of international organizations, including Oxfam, Vía Campesina and the Latin American Working Group, welcomed CAO’s decision. In a co-signed letter, though, the groups expressed their firm demand that the IFC halt its financial cooperation with the palm oil company
until a) clear evidence is provided of significant progress in overcoming impunity of crimes and human rights abuses committed against organized peasants and their supporters in the Lower Aguán; and b) a comprehensive, just, peaceful and sustainable resolution is provided to the conflicts over land between the Corporación Dinant, the government of Honduras and the local peasant movements.
The panel is scheduled to conclude its audit on March 8.
On Friday, March 1, while the CAO panel gathered in Washington, journalist Carlos Augusto Lara Cruz was reportedly threatened by a Dinant employee while covering a confrontation between campesinos and a military unit. It must be noted that Honduran human rights defenders have consistently and credibly accused military and police units of collaborating with Dinant security guards in kidnapping, torturing, and murdering land rights activists.
One of the latest assassinations in the area took place on Thursday, February 21, when lawyer José Andrés Andrade Soto was shot dead in the town of Tocoa. Andrade Soto led the regional office of the National Agrarian Institute until former president Manuel Zelaya was deposed in the June 2009 coup. Today, farmer organizations continue to struggle for land titles that the Zelaya government granted to them shortly before it was overthrown.
As part of its Summary of Proposed Investment, written before the program’s approval in order to boost the institution’s transparency, the IFC described its cooperation with Dinant as an opportunity to help small farmers in Bajo Aguán. It also declared that there was no controversy regarding the land in question. “Land acquisition is on a willing buyer-willing seller basis, and there is no involuntary displacement of any people,” the report assured.
Since that report was published, scores of campesinos have been assassinated for efforts to re-appropriate their rightful land. The World Bank and its member countries bear some degree of responsibility for their deaths. No matter the outcome of the CAO audit, the IFC should apologize for the suffering in which it has been complicit and should immediately revoke its support for Facussé and Corporación Dinant.
Related articles
- Killings Continue in Bajo Aguán as New Report Documents Abuses by U.S.-Trained Honduran Special Forces Unit (alethonews.wordpress.com)
- Honduras: Two More Campesinos Murdered in Aguán (alethonews.wordpress.com)
- Honduras: Murdered Lawyer’s Brother Killed in Aguán (alethonews.wordpress.com)
STATIN NATION
View another excerpt from the documentary film Statin Nation.
For more information, please visit www.statinnation.net
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Gasoline prices, a challenge to Obama
By Ralph Nader | February 28, 2013
Here we go again. A sudden surge in the price of gasoline and heating oil is followed by reported expressions of frustrated despair by hard-pressed consumers in the midst of silence from the oil companies and abdication of responsibility by the elected and appointed officials of federal and state governments.
The price of gasoline is up by about 50 cents in the past month, according to AAA, making the average gallon go for close to $4 per gallon in many parts of the country. Prices are even higher in California. AAA says that this “is the most expensive we’ve seen gasoline in the dead of winter.”
Every penny increase in the annual price of gasoline takes over $1.6 billion dollars from the pockets of American consumers (Source). That doesn’t even count the higher prices for heating oil homeowners are paying.
There was a time when even a few cents increase in the price of gasoline or natural gas would provoke Congressional investigations, actions by state Attorneys General, and condemnations of the producer countries, the OPEC cartel and Big Oil from presidents and the heads of antitrust divisions of the Justice Department or the Federal Trade Commission. That is, until smooth, smiling Ronald Reagan came to Washington, D.C. with his mantra that “government is not the solution; government is the problem.”
Well, now the multi-layered petroleum cartel has become institutionalized, having “gotten government off its back” and they’ve put the New York Mercantile Exchange speculators at the gaming tables.
There seems to be an adequate supply of crude oil in this recessionary global economy. What could be the cause of this latest price spike? The news media offer a spectrum of possible factors – restrictions on exports of Iranian oil imposed by western governments, instability in Syria and elsewhere in the volatile Middle East, oil hungry China, oil speculators on Wall Street and reduced refinery capacity in the U.S.
Each price surge in recent decades seems to have different principal causes. This time it seems to have been precipitated by surging prices of crude – easily manipulated – and in the U.S. the permanent or temporary shutdown for repairs, of too many refineries.
Believe it or not, the U.S. is now a net refined petroleum importer because of the continuing refusal by the industry to rebuild or expand refinery capacity on the very sites where many refineries have been shut down, often in favor of offshore, cheaper installations.
Whenever supply and demand for refined oil products is tight, all it takes is for one or two refineries to suspend operations, other than for repairs, and the prices surge all over the country.
This happened in January to a refinery in California, due to a fire, and more prominently the closure of a key refinery in Port Reading, New Jersey, owned by the Hess company. Five dollars a gallon gas “is a real possibility,” John Kilduff, partner at Again Capital, told Yahoo! Finance, adding “this is partly being driven by the lost refinery capacity of about one million barrels per day…that’s a lot.” (The U.S. consumes about 19 million barrels a day of refined petroleum products.)
So what can our so-called representatives in Washington do about a gouge that has angered almost all conservative and liberal consumers? Well, the Democratically-controlled Senate can start by holding investigatory hearings. The President can speak out more forcefully and indicate he may release some of the government’s crude oil reserves to increase supply.
He can order his Justice Department to at the very least subpoena pertinent oil industry information for starters.
Mr. Obama can forcefully back up Gary Gensler, his appointed, savvy Chairman of the Commodity Futures Trading Commission, who has been trying to rein in excessive speculation that drives up prices and punishes the motoring public.
In 2011 CFTC data showed that massive inflows of speculative money drove up prices. At that time, even Goldman Sachs analyst, David Greely, claimed Wall Street speculation in the futures market was driving up oil prices. Earlier, Rex Tillerson, the head of ExxonMobil, estimated that speculation was responsible for a more than $40 per barrel price increase when oil was just over $100 per barrel. Over the last month crude oil has ranged in price from $93-$120 per barrel.
Admiral Hyman Rickover who, more than 40 years ago, wisely said that there should always be government-owned shipyards to provide a yardstick by which to restrain the high prices and cost overruns being charged by private ship buildings manufacturing the Navy’s ships. That means, in this oil price context, that the government should own and operate some refineries for the armed forces. Any excess capacity could loosen the market with gasoline and heating oil when the corporate interests maneuver tight supplies for which they get immediately rewarded with cold cash.
Were Obama to direct some of his bully pulpit heat on those members of Congress who are marinated in oil, he might find more support from Capitol Hill for all these initiatives.
So call the switchboard at the White House comment line (202-456-1111) and tell the president that you are fed up and determined to drive less, carpool and walk more where possible, but that he, the president, must be more aggressive in taking on the staggeringly profitable and tax-favored big oil companies.
US Dairy Industry Wants to Put Aspartame in Milk
By NICK MCCANN | Courthouse News Service | February 21, 2013
WASHINGTON – Dairy industry groups have asked the Food and Drug Administration to be able to put artificial sweeteners in milk, and not change the label, claiming that it is so consumers can “more easily identify its overall nutritional value”.
The Food and Drug Administration is asking for data related to those sweeteners.
The International Dairy Foods Association (IDFA) and the National Milk Producers Federation (NMPF) filed a petition in 2009 requesting that the FDA amend its standard of identity for milk.
The petition asked the agency to allow the use of “any safe and suitable” sweetener for milk and asked to amend the standards of identity for 17 other milk and cream products.
Those products include sweetened condensed milk, whipping cream, yogurt and eggnog, which the groups say should be allowed to have “safe and suitable” sweeteners.
The groups request that the FDA “allow optional characterizing flavoring ingredients used in milk (e.g. chocolate flavoring added to milk) to be sweetened with any safe and suitable sweetener – including non-nutritive sweeteners such as aspartame.”
FDA regulations currently only allow milk products to contain “nutritive sweeteners” (those with calories) which the agency generally recognizes as safe.
The groups say the amendments “would promote more healthful eating practices and reduce childhood obesity by providing for lower-calorie flavored milk products.”
“They state that lower-calorie flavored milk would particularly benefit school children who, according to IDFA and NMPF, are more inclined to drink flavored milk than unflavored milk at school,” the FDA wrote in its notice.
The groups also say they would help with programs that aim to improve nutrition in school meals and argue that the proposed amendments would promote “honesty and fair dealing in the marketplace,” the FDA wrote.
The agency published a notice of the petition on Wednesday requesting comments, data, and information about the proposed amendment to the identity of milk products. The comments are due by May 21.
LIBOR: Viewing the Biggest Financial Crime in History
By DARWIN BOND-GRAHAM | CounterPunch | February 26, 2013
It’s been five years since a few academics and journalists began to dig up evidence that something was wrong with the London Inter-Bank Offered Rate, or LIBOR (pronounced appropriately as “lie-bore.”) The data that curious researchers were compiling couldn’t be explained using the prevailing definition of what LIBOR supposedly was: a trustworthy interest rate that accurately gauged the market price of borrowed US dollars held overseas by the world’s biggest banks. Instead, their findings pointed toward something other than an idealized neoliberal market, influenced only by impersonal supply and demand forces. Many began to realize that the data could easily be explained if the banks were rigging the LIBOR rate in their favor. Strange discrepancies in LIBOR’s correlation to other rates, and to the economic fundamentals of the bank companies responsible for formulating the rate, showed something seriously amiss, but it made sense if the banks were cheating.
The motives of the banks have been clear from the beginning. A few banks that dominate the marketplace for derivatives stand to make billions if LIBOR moves in their favor on particular days when contractual payments between them and their customers come due. They therefore suppressed the rates in order to skim billions of dollars off derivatives and investments. Later these same banks suppressed LIBOR rates to create the illusion that their balance sheets were robust during the financial crisis. This also allowed them further rounds of money-siphoning from their unwitting derivatives customers.
Until recently LIBOR rates have been set by a panel of banks that are members of the British Bankers Association (BBA). The BBA is a private industry group established almost 100 years ago to lobby for the financial industry in one of its global hubs, London. The BBA really came into power in the mid-1980s with the creation of LIBOR. LIBOR was created to further integrate the giant global money market in US dollars held in overseas banks or holding companies, and therefore unregulated by the US Federal Reserve. Called “Eurodollars,” because they originally were dollar savings accumulated in European banks, especially banks in London, these funds quickly became a de facto global currency. LIBOR began as a way for the banks to standardize investment products for these vast pools of American dollars flowing through Europe, and later Japan, the Middle East, and Latin America. By the 1990s LIBOR had become such an important set of interest rates, and US dollars held overseas had becomes such an important source of credit for US consumers, that LIBOR became the key global interest rate around which many financial products were pegged. As LIBOR became more and more important to the globalization of finance, it accrued a sort of official, trusty gloss; nearly everyone assumed that LIBOR was a market rate reflecting competition. Instead, LIBOR has probably all along been a fudged rate, determined less by vast market forces and invisible hands, and more by the vulgar self-interest and power of the elite banks that set LIBOR rates.
Last year government investigations into this globe-spanning crime —rightly called the biggest financial scam in all of history— led to multi-billion dollar fines against Barclays, the Royal Bank of Scotland, and UBS, the 7th, 8th, and 20th largest banks in the world, respectively. Criminal investigations spearheaded by US, UK, Japanese, Canadian, Swiss, and Singaporean authorities are ongoing and aimed at other banks such as Citigroup, JP Morgan, Bank of America, and other “too big to fail” institutions. More details of the crime will be forthcoming as e-mails, internal documents, phone tapes, text messages, and other evidence, is made public, and as the banks are forced to pay significant fines, and sign plea agreements.
While this scandal might seem worlds away, concerning complex financial concepts and obscure money market instruments dealt by bankers out of skyscraper offices in the City of London, the importance of uncovering the complete truth about the LIBOR rigging conspiracy cannot be overstated for local communities across the United States, especially here in California.
Why? First, LIBOR has been used since the 1990s to determine cash flows on interest rate swaps that local governments have purchased from banks to insure themselves against wild swings in variable interest rates owed on billions of municipal debt. Messing with LIBOR messes with the payments due on these instruments.
Second, LIBOR has also been used as a main interest rate of reference for an array of investment products that yield a variable return, dipping and rising in concert with LIBOR. Local and state governments have used these investment products, called “municipal derivatives reinvestment products” to temporarily park public funds, while pension systems and government enterprises like utilities use them make investments. Governments and public agencies earn LIBOR rate returns on their dollars invested in numerous kinds of municipal derivatives, so if LIBOR is illegally fixed downward, they earn less income.
Through both of these forms of exposure, local governments have potentially been harmed by LIBOR-fixing perpetrated by the banks, often times the very same banks that have sold them swaps or municipal derivatives investment products.
California is fast emerging as a center of investigation and litigation into the LIBOR-fixing conspiracy. California is the largest single municipal debt market in the United States, and one of the largest in the world. Last year alone the state of California and its cities, counties, school districts, and other public entities issued $65.7 billion in total public debt. Because of California’s regressive tax structure and chronic budget crises, the state’s multitude of governments have been among the most aggressive in issuing variable rate debt hedged with interest rate swaps.
The Golden State’s local governments have also been the largest purchasers of municipal derivatives contracts from banks because streams of tax and fee revenues often don’t match up with the dates that payments to public employees and contractors come due. Collusive suppression of LIBOR rates by the 16-member panel who were trusted to provide accurate quotes could mean that California local governments have paid untold millions to their interest rate swap counterparties (the banks) that should otherwise have remained in budgets and used to fund school construction, bus lines, street paving, water and sewerage services, etc.
In the 1990s and 2000s local governments across California increasingly issued bonds with variable rates. Investment bank underwriters and municipal debt advisers from the private sector encouraged variable rate bond financing because it promised lower interest rates for California’s cash-strapped municipalities. To hedge against the risk that variable rates might explode, as they did in the 1980s, the banks sold interest rate swaps to local governments. The swaps effectively converted floating rate debt into a fixed rate. Under a typical swap contract the bank seller agrees to pay a floating rate designed to mimic the variable rate interest on the bond debt, and in return the local government agrees to pay a fixed rate. I’ve written elsewhere about how this deal blew up and created a financial injustice when variable interest rates plummeted during and after the Financial Crisis, but the LIBOR rigging conspiracy adds to these harms. The US government bailed out the banks and assisted them in taking “toxic” derivatives assets off their hands, but stood idly by while cities, counties, and public agencies suffered without aid during the Financial Crisis, allowing derivatives instruments on the public’s books to blow up and drain budgets. At this very moment the banks perpetrated an illegal scam to suck even more money from the public via further depression of LIBOR.
Barclays, RBS, UBS, and other banks worked together to suppress LIBOR below even the depths to which it sank after 2008. A number of lawsuits filed by various cities, counties, and public agencies in California asserts the banks did this to skim off an unknown, but very large, amount of money from their public victims, and also to bolster their own balance sheets during the crisis. By suppressing LIBOR the banks ensured that the net difference between the variable rates they owed, and the fixed rates the public was paying on swaps, was wider than it would otherwise have been. This net difference meant that the public owed the banks higher amounts when the interest rate swap payments came due (usually twice a year).
For San Francisco this could mean that millions have been stolen from the capital budget of its Airport. SFO currently has seven interest rate swaps it has purchased to convert variable rate bond debt into synthetic fixed rates. The airport’s counterparties on its swaps included JP Morgan Chase, Merrill Lynch (owned by Bank of America), and Goldman Sachs. Each of these banks likely benefited from conspiratorial suppression of LIBOR, even if it was by just a few basis points (hundredths of a percent). JP Morgan Chase and Merrill’s parent Bank of America are both members of the panel that sets LIBOR, and are both believed to have played a role in the conspiracy.
San Francisco’s pension system may have also been raided by the banks through its speculative investments in swaps. According to the most recent audit of the San Francisco Retirement System’s portfolio, the city’s pension system holds two interest rate swaps on its books with a notional value of $15 million. In prior years, SFERs held other swaps. In 2010, the Retirement System’s audit showed three interest rate swaps with a total notional value of $41 million. Over the last two years these swaps drained $5.3 million from the pension system, and some of these losses might have been due to the downward manipulation of LIBOR. Also on the Retirement System’s books are other investments in bank loans, options, and other securities that might have been impacted by the LIBOR fraud.
San Francisco’s LIBOR damages are probably small in comparison to other local governments and public agencies. The East Bay Municipal Utility District has already filed a lawsuit in federal court alleging damages from bank rigging of LIBOR. The water district’s complaint, filed in January of 2013, alleges that LIBOR suppression drained potentially millions, again from interest rate swap agreements with some of the very banks that sit on the LIBOR-panel: Citibank, JP Morgan Chase, and Bank of America. East Bay MUD lists nine interest rate swaps potentially affected by LIBOR rigging in its lawsuit.
East Bay MUD’s swaps had a total notional amount of $481 million in 2012, according to the utility’s most recent financial report. Downward manipulation of LIBOR by just 10 to 50 basis points (1/10th to 1/2 of a percent) could have drained between $481,000 to $2,400,000 through East Bay MUD’s swap payments every six months. Over a few years, say the conspiracy’s 2007-2010 time-frame alleged in EBMUD’s lawsuit, this would add up to millions of dollars stolen by the banks.
The cities of Richmond, San Diego, and Riverside, and the County of San Mateo, are other California governments that have now filed lawsuits against the banks responsible for setting LIBOR. All of these lawsuits have been consolidated into a larger class action case currently being heard in the U.S. District Court, Southern District of New York, before Judge Naomi Buchwald. There are now about two dozen LIBOR manipulation lawsuits that have been filed and consolidated in New York. The lead case is the City of Baltimore and the New Britain Firefighters’ and Police Benefit Fund lawsuit against the 16-bank LIBOR panel, filed in April of 2012.
More California cities, counties, and public agencies are expected to file their own lawsuits soon, however. CalPERS, which has numerous investments that fluctuate in value and yield with LIBOR, is also said to be investigating its own exposure to rate rigging.
Darwin Bond-Graham is a sociologist and author who lives and works in Oakland, CA. He is a contributor to Hopeless: Barack Obama and the Politics of Illusion.
Related articles
- California Cities Sue Banks Over Libor Rates, Law Firm Says (bloomberg.com)
- Rabobank Faces Libor-Rigging Fine of $440 Million Plus (bloomberg.com)
- The Royal Bank of scot-free (morningstaronline.co.uk)
