Archive for May, 2012

SpaceX: America’s Entrepreneurial Spirit Still There

Tuesday, May 29th, 2012
Space X Rocket Launch, NASA

Photo Courtesy: SpaceX

My son just finished US history AP as did many high schoolers around the country. We discussed how many years it takes to know if a certain event is historical.

The answer is usually around five.

For example history textbooks now cover September 11th and Obama’s historic election.

The Great Recession, however, that started before the Obama Presidency is still somewhat in flux as for the history books.

This brings me to something that was of tremendous historical significance that occurred this week. It happened with a 1000th of the coverage that Facebook received for its overhyped IPO.

What was it? SpaceX, a private company, that started as a science fiction dream by some silicon valley dreamers, did what up until now was only done by NASA and the European Space Agency: they launched a rocket into space and delivered a half a ton of supplies to the orbiting space station.

They did what until now was the monopolistic province of government. This folks is a game-changer one of huge historical implications.

There was no governmental red tape, no Congressman begging for the Space Agency to keep jobs in their district, no ridiculous trade-offs between student loans and space exploration budget cuts.

Just as importantly, no Wall Street, no IPO and no unequal playing field for investors.

Just good-old fashioned American tinkering and ingenuity. I say to the rest of the world economies don’t for a second count us out.

Some observers can say what they want about how we have lost our economic capitalistic engine. They can say that many of our banks are mismanaged, too big to fail, and their officers way over paid.
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Facebook IPO: Why It Went Wrong and Why It Matters

Wednesday, May 23rd, 2012

FacebookI foolishly hoped the Facebook IPO might actually bring some confidence back to Wall Street.

What was I thinking?

Turns out it’s just another example of how the soulless Wall Street culture is destroying American style capitalism.

We have barely gotten past JP Morgan Chase’s $3 billion catastrophe, and the outrage over their foolish decisions, but here we are again. The attention span on Wall Street seems equivalent to that of a small child.

Scott Udine, a broker friend of mine, said it best, “The brokerage firm community is made up of salesmen and people that mainly care about THEIR bottom-line….not yours!!! They will sell anything, say anything and do anything.”

Morgan Stanley over sold and over hyped too many shares of Facebook to an unsuspecting public, while quietly telling large institutional investors another story. And to add insult to injury NASDAQ had such huge headaches processing all the buy, sell and cancellation orders that they now admit the whole IPO was an unmitigated disaster.

So once again its heads, the banks win, and tails, you lose.

Morgan Stanley changed the game as the lineup was being announced. It reeks of impropriety. Anybody in the stock business will tell you it is practically unheard of.

I can only add this to the mounting list of evidence against the too-big-to-fail and too-big-to-jail banksters and sigh in disgust.

If you’re wondering why a foreclosure defense attorney is up-in-arms about a stock offering, it is because the same shady tactics that have led homeowners to my office are the same ones on display here.
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Supreme Court Descending Into Political Chaos

Monday, May 21st, 2012

Supreme Court ProtestWhen I was a kid growing up in the Bronx the U.S. Supreme Court always seemed to be above reproach.

Maybe my friends and I were naive, but I think maybe times have really changed. The Supreme Court, once a glaring symbol of constitutional democracy, has now been pulled into the day to day mudslinging of the political process.

To me, as a lawyer that is a true shame. The aura of neutrality around the Supreme Court has evaporated, and now the American public views it through the same partisan-colored glasses as it does the other two branches of government.

A new survey out this month shows the Supreme Court ‘s approval rating at a 25-year-low. The Pew Center for the People and The Press surveyed over 3,000 Americans, and just over half of them (52%) gave the Court a favorable rating. That is down from 58 percent just two years ago, and down from a high of 80% in 1994.

Why? Because the rule of law is no longer the only thing that matters inside the courtroom.

For me it starts with the Court’s ruling on Citizens United vs. FEC. A flurry of Super-PACs and their so-called ‘secret money’ now dominate the national political landscape, because of the 2010 decision that now ratifies their existence and equates corporations with people. If elections are taking an even more negative tone than usual, the court must accept some level of blame.

Some of the language from the recent hearing on health care seemed more appropriate at a Tea Party rally than at our nation’s highest court. Another survey by Bloomberg shows 80 percent of Americans believe that politics, and not the cases’ legal merits, will decide the outcome of Obama’s healthcare legislation.
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How Some States Are Spending Foreclosure Settlement Money Is Far From Settling

Friday, May 18th, 2012


States are taking settlement money right from under us!

It’s pretty hard to find a single housing advocate or foreclosure defense attorney, myself included, who didn’t find the national mortgage settlement to be, at the very least, flawed.

It may have been a necessary step to getting the housing market back on track, but we know that it didn’t come close to compensating homeowners who had been illegally kicked out of their homes, and in the end, the banks are getting off remarkably light for their robosigning crimes.

Which is why what a multitude of states are doing with some of the banks money is downright revolting.

At least a dozen states are taking tens of millions of dollars in direct payments from the settlement and treating them like a slush fund.

Let me explain.

Part of the settlement included $2.5 billion that was given outright to the states. Florida took in just over $334 million.

The settlement calls for these dollars to be used to “to avoid preventable foreclosures, to ameliorate the effects of the foreclosure crisis, to enhance law enforcement efforts to prevent and prosecute financial fraud, or unfair or deceptive acts or practices and to compensate the States for costs resulting from the alleged unlawful conduct of the Defendants.”

But much like much of the settlement overall, there is nothing in this language that has any real measure of enforcement. Some states are flat out ignoring these instructions and doing whatever they want with the money they are getting off the backs of good honest homeowners.
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