Money, Morality and Law

Name: Money, Morality and Law | A Case for Financial Crisis Accountability
Brand: Kluwer Law International
Price: 161.99 EUR
Availability: OnlineOnly

A Case for Financial Crisis Accountability

Gerald Nels Olson(Autor*in)

Kluwer Law International (Verlag)

Erschienen am 16. Juli 2019

608 Seiten

E-Book

ePUB mit Adobe-DRM

Systemvoraussetzungen

978-94-035-0980-8 (ISBN)

161,99 €inkl. 7% MwSt.

Systemvoraussetzungen

für ePUB mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Inhalt

Intro
Half-Title Page
Title Page
Copyright Page
About the Author
Text 1
Text 2
Table of Contents
Dedication and Acknowledgments
Notes and Disclaimers
Preface
List of Figures
Chapter 1 Introduction
§1.01 CONTEXT
§1.02 TRUE SCOPE OF THE FINANCIAL CRISIS AFFECTING ORDINARY AMERICANS
§1.03 ORDINARY AMERICANS HAVE BEEN INJURED IN FACT
[A] Ordinary American Household Damages
[B] How Have Washington and Wall Street Wrought These Damages on Ordinary American Households?
§1.04 MONEY DEBASEMENT CONSTITUTES AN INTENTIONAL MISREPRESENTATION OF MONEY AND ASSETS DENOMINATED IN THAT MONEY
[A] Debasement of American Money and the American Rule of Law
[B] Ordinary American's Damages from the Washington's and Wall Street's Money Debasement Constitute Real Injuries in Fact
[C] Money Debasement Is an Ancient Crime: An Ancient Tort-It Is Not a New Phenomenon
§1.05 THE EMPEROR HAS NO CLOTHES
[A] American Tolerance of Lying, Cheating and Stealing
[B] Why Have Washington and Wall Street Gotten a Free Pass?
[C] The Available Heuristic: Staying on Message
§1.06 THE WASHINGTON AND WALL STREET ENTERPRISE'S MESSAGE CONSTITUTES A WEB OF INTENTIONALLY FALSE NARRATIVES
§1.07 EXISTING LITERATURE SKIRTS LEGAL ACCOUNTABILITY FOR MONEY DEBASEMENT DRIVEN FINANCIAL CRISES
§1.08 RISKY MONEY MANIPULATION
§1.09 WASHINGTON AND WALL STREET MONEY MANIPULATION IS MONEY DEBASEMENT
[A] Washington and Wall Street Manage Money and Systemic Risk for Their Own Benefit at Public Expense
[B] The American Ponzi Scheme
[C] In Economics, Debt Is Also a Figment of Language Rather than a Fundamental Concept
§1.10 THREE STRUCTURAL FAILURES
[A] Transparency
[B] Money as a Tool of Measurement of Liquid Value Is Not Regulated
[C] The Washington Wall Street Enterprise Intentionally Manipulates the Value and Liquidity of Money for Its Own Benefit at Public Expense
§1.11 THE WASHINGTON AND WALL STREET ENTERPRISE
[A] The Washington Wall Street Enterprise's Accountability for Financial Crises
[B] The Washington Wall Street Enterprise Intentionally Exploits Shadow Banking and Shadow Money to Effect Money Debasement
[C] Washington Wall Street Enterprise's Moral and Legal Standards for Accountability
§1.12 THE FLOW OF THIS WORK
Chapter 2 Money
§2.01 THE NATURE OF MONEY
§2.02 BANKS AND MONEY ARE INSEPARABLE
§2.03 INTERVENTION BY THE STATE IN MONEY AND BANKING
[A] Regulation of Money and Banks
[B] The Principle of Sound Money
[C] Importance of Credit Money as Honest, Safe, and Sound Money
[D] Honest, Safe, and Sound Money Is Based on Shared Trust and Confidence
[E] Literacy, Law, Numeracy, and Accounting
[F] Control over Money
[G] Fiduciary Issue of Money
§2.04 MONEY IN AN IDEAL SYSTEM
§2.05 CONCENTRATION OF MONEY AND POWER
[A] The Banker of Lyon
[B] The Sovereign Versus the Bankers
[C] Calling the Sovereign to Account
[D] Seeds of an Iniquitous Partnership
§2.06 THE NECESSITY OF A STANDARD OF VALUE FOR SOVEREIGN MONEY AND THE FINAL SETTLEMENT MEDIUM ASSET
[A] John Locke's Troublesome Legacy of the Necessity of Commodity Money as Sovereign Money
§2.07 THE ANCIENT UNDERSTANDING OF MONEY AND THE FOUNDATION OF THE UNITED STATES
§2.08 A NEW UNDERSTANDING OF MONEY FOLLOWING THE FOUNDING OF THE UNITED STATES
§2.09 MONEY IS A BASIC AND CRUCIAL SOCIAL MECHANISM BASED ON MORAL PRINCIPLES
[A] Fairness Is Crucial to Social Relationships, Especially, Economic, Monetary and Financial Social Relationships
[B] The Great Underlying Social, Moral, Political and Economic Conflicts That Plague Modern Day Money and Banking
§2.10 CONCLUDING OBSERVATIONS
Chapter 3 Shadow Money and Shadow Banking
§3.01 CREDIT MONEY AND SHADOW MONEY
§3.02 RISK AND UNCERTAINTY ARE INHERENT IN CREDIT MONEY
[A] Risk
[B] Uncertainty
§3.03 STRUCTURED FINANCE OR STRUCTURED CREDIT
[A] Sovereign Money and Shadow Money
[B] Risk Versus Uncertainty
[C] Outside of the Box and Inside the Box
§3.04 MORAL AND LEGAL EVOLUTION OF SHADOW BANKING
[A] The "Real Bills Doctrine"
[B] Acceptance Finance
[C] Origin of Fiat Money
[D] Liquidity and Economic Growth
[E] Central Bank Support of Bank Notes
[F] Wrapping Shadow Money: Alignment of Liability and Accountability
[G] The Trusted Bank and the Trusted Banker
[H] Structured Insulation from Liability and Accountability: The Oxymoron of Monetized Long-Term Illiquid Assets
§3.05 SACRIFICE OF TRADITIONAL PRINCIPLES OF COMMERCIAL BANKING LAW IN SHADOW BANKING
[A] Securities Law as a Poor Substitute for the Law of Money, Commerce and Banking
[B] Shadow Banking with No Effective Shadow Banking Law
[C] Transfer Payments, Regulatory Manipulation and Failure of Transparency
[D] Outside of the Box: The Shadow Banking System
[E] Inside the Box: Traditional Banking System
[1] Where Does Liquidity Go in a Liquidity Crisis?
[2] Shadow Banking Money Acting as Liquid Sovereign Money at Par
[3] Repo Markets Create "Fake" Over-Valued Shadow Banking Money on a Massive Scale: Illiquid at Precisely the Time Liquidity Is Required
[4] Intentional Misrepresentation of the Value and Liquidity of Shadow Money Through Shadow Banking
§3.06 THE FED AND SHADOW BANKING
[A] The Conceptual Abuse of Money Derivatives
[B] The Federal Reserve System Must Accommodate and Constrain the Shadow Banking System
§3.07 CONCLUDING OBSERVATIONS
Chapter 4 Money Debasement
§4.01 ANCIENT CRIME
§4.02 DEBASEMENT OF THE DOLLAR IS A MATTER OF FACT
[A] Offshore Derivative Trading Has Escaped Dodd Frank
[B] Dark Pools and High-Speed Trading
[C] Washington Wall Street Enterprise Profiteering from US Money Debasement
§4.03 MONEY DEBASEMENT AND LAW
[A] Perverse Incentives
[B] Circumscribed, Managed and Minimized Financial Crisis Related Legal Accountability
[C] Money Debasement Causes Financial Crises Suffered Predominately by Ordinary American Households
[D] Ignorantia Affectata
[E] Money Debasement and The Supreme Court's Announced Monetary Law of the Land
[1] Legal Tender Cases
[2] Gold Clause Cases
§4.04 A LEGAL CLAIM BASED ON THE INTENTIONAL TORT OF MONEY DEBASEMENT GOES TO THE HEART OF AMERICAS MORAL AND LEGAL FOUNDATIONS
§4.05 CIVIL AND CRIMINAL ACCOUNTABILITY FOR MONEY DEBASEMENT
[A] Surreptitious Insulation from Government Liability and Accountability
[B] Creation and Direction of Money from Nothing to Disguise Money Debasement and Wealth Creation
[C] A New Risk-Free Economy
[D] Risk and Uncertainty
§4.06 MONEY DEBASEMENT REDISTRIBUTES WEALTH AND INCOME
§4.07 ORDINARY AMERICANS ARE THE AMERICAN SOVEREIGN
§4.08 CONCLUDING OBSERVATIONS
Chapter 5 Money and Morality
§5.01 THE PRIME WASHINGTON WALL STREET FALSE NARRATIVE
§5.02 HONESTY VERSUS THE ENDS JUSTIFYING THE MEANS
[A] The Moral Foundation for Sovereign Money
[B] Honor and Honesty Are Integral to American Sovereign and Shadow Money
[C] The Twisted Tension of Honor, Honesty, Truth and Justice Surrounding Money in America
[1] Debasement of American Money
[2] Debasement of Honest Money Drives Debasement of Honesty Throughout American Society
§5.03 FAILURE OF HONEST MONEY AS A MORAL SOCIAL COVENANT
§5.04 FALSE NARRATIVE THAT MONETARY MORALITY IS SEPARATE FROM THE LAW OF MONEY
[A] Coincidence of American Morality and the American Law of Money
[B] Connections, Identity and Inclusiveness of American Moral Law, Constitutional Law and Civil and Criminal Tort Law Relating to Honest Money
[C] Tort of Fraud Versus Fraud as Breach of Contract
[1] Honesty
[2] Lying
[3] Cheating and Stealing
[4] Common Law Torts of Deceit, Misrepresentation and Fraud
§5.05 UNIVERSAL OR NATURAL LAW, MORALITY, AND ETHICS AS A JURISPRUDENTIAL FOUNDATION FOR THE AMERICAN RULE OF THE LAW OF MONEY
[A] Legal Positivism Versus Natural Law: An Echo of Consequentialism Versus Universal Natural Law
§5.06 THE MORAL FOUNDATION OF ENFORCEMENT OF THE AMERICAN LAW OF MONEY
[A] Washington's and Wall Street's Monetary Duties
[B] Weak, Ineffective and Unenforced Duties Comprising American Banking Law and Regulation
§5.07 CONCLUDING OBSERVATIONS
Chapter 6 Degradation of the American Law of Money
§6.01 THE TORTURED PATH OF THE LAW OF MONETARY DUTIES AND ACCOUNTABILITY
§6.02 THE CONSTITUTIONAL FRAMEWORK FOR THE AMERICAN LAW OF MONEY
[A] Constitutional Principles and the American Rule of the Law of Money
[B] Money Debasement as a Capital Crime
§6.03 AMERICAN BORROWING VERSUS MONEY DEBASEMENT TO FINANCE EXISTENTIAL WAR
[A] Constitutional Powers and Duties
[B] The Constitutional Convention of 1787
§6.04 GREENBACKS, THE LEGAL TENDER ACTS AND NATIONAL BANKS AS PARTNERS WITH WASHINGTON IN THE CREATION OF MONEY
[A] E.G. Spaulding: Civil War Existential Demand for War Exception to Permit Debasement
[B] The Legal Tender Cases and Paper Money
[C] Financial Crisis of 1907: Establishment of the Federal Reserve System and Money Debasement-The Pujo Report
[1] Tension Between Sovereign Banking and Shadow Banking
[2] The Pujo Report
[3] Jekyll Island, the Aldrich Plan and the Federal Reserve Act
[a] The Plan Devised on Jekyll Island
[b] The Objectives Discussed in the 1910 Meeting
[c] Passing the Federal Reserve Act
[d] So What Is the Fed?
[e] The Creature from Jekyll Island
[4] The Federal Reserve System
[5] Reserves Redeemable in Gold under the Federal Reserve Act
[6] Reserves Redeemable in Gold Reduced to a "Fraction" of Deposits
[7] Reserves No Longer Redeemable in Gold
[8] Reserves No Longer Established by Law and Effectively Reduced to Zero
[9] The Federal Reserve Act: Too Vague and Nebulous to Enforce
[10] What the Fed Does Not Do
§6.05 FINANCIAL CRISIS IN 1929: END OF THE DOMESTIC GOLD STANDARD IN 1933The Pecora Report - Glass Steagall - The SEC, the FDIC, and Money
[A] Another Financial Crisis: Another Report
[B] The Pecora Report
[C] Congress' 1933 Repudiation of the Exercise of Its Constitutional Power and Duty to Coin Money and Regulate Its Value
[D] The Great Depression and World War II
[E] The Gold Clause Cases
§6.06 THE NIXON SHOCK AND THE OIL CRISIS
[A] Nixon and OPEC
[B] Nixon's Opinion That His Critics Claim That the US Has a Problem of Too Much Liquidity, Is Just Bullshit!
[C] US Monetary Policy Became Officially "Money from Nothing"
[D] Unconstrained American Money Debasement Created the American Banking and Financial System Crisis of the 1980s and 1990s
[E] The Great Financial Crisis in 2008 and Ongoing Money Debasement
§6.07 CONCLUDING OBSERVATIONS
Chapter 7 The Washington Wall Street Enterprise Web of False Narratives
§7.01 FALSE NARRATIVE: ORDINARY AMERICANS EXCESS BORROWING CAUSED THE FINANCIAL CRISIS
§7.02 FALSE NARRATIVE: AMERICAN ECONOMIC AND MONETARY POLICY ARE NOT CONSTRAINED BY LAW
§7.03 ALTHOUGH CONGRESS HAS THE POWER IT DOES NOT NECESSARILY HAVE THE DUTY TO REGULATE THE VALUE OF MONEY
§7.04 FALSE NARRATIVE: TRADITION REGULATION OF THE VALUE OF MONEY BY A STANDARD SUCH AS THE GOLD STANDARD IS AN ANACHRONISM
§7.05 FALSE NARRATIVE: CONSTITUTIONAL MONEY, THE VALUE OF WHICH IS REGULATED BY CONGRESS IS OBSOLETE: IT HAS BEEN LAWFULLYCONSTITUTIONALLYSUPERSEDED BY FIAT MONEY
§7.06 FALSE NARRATIVE: THE CONSTRAINTS OF TRADITIONAL COMMERCIAL LAW CAN BE REPLACED THROUGH CONVERSION OF DEBT INSTRUMENTS INTO SECURITIES PROTECTED ONLY DISCLOSURE REQUIREMENT OF SECURITIES LAWS
§7.07 FALSE NARRATIVE: CONGRESS HAS LAWFULLY DELEGATED TO THE FED AND THE FED HAS LAWFULLY DELEGATED TO WALL STREET THE POWER AND DUTY TO CREATE, EMIT AND REGULATE THE VALUE OF THE DOLLAR
§7.08 LEGAL REQUIREMENTS FOR CONGRESSIONAL DELEGATION OF POWERS AND DUTIES
[A] False Narrative of Congressional Delegation to the Fed
[B] False Narrative: Fed Delegation to the Wall Street Banks
[C] False Narrative: The Greenspan Doctrine of Self-Regulating Wall Street Banks
§7.09 FALSE NARRATIVE: THE FEDERAL SAFETY NET PROTECTS ORDINARY AMERICANS FROM THE RAVAGES OF MONEY DEBASEMENT BY PROTECTING BANK DEPOSITORS AND BANKS TOO BIG TO FAIL
§7.10 FALSE NARRATIVE: SOVEREIGN MONEY AND SHADOW MONEY CAN SAFELY DWELL IN SEPARATE REGULATORY SPHERES
§7.11 FALSE NARRATIVE: THE REGULATED MONETARY SYSTEM IS SEPARATE AND INSULATED FROM THE SHADOW BANKING SYSTEM
§7.12 FALSE NARRATIVE: SHADOW MONEY DOES NOT ACT AS SOVEREIGN MONEY
§7.13 FALSE NARRATIVE: DODD FRANK HELD WASHINGTON AND WALL STREET ACCOUNTABLE FOR THE FINANCIAL CRISIS
[A] Dodd Frank Preceded and Did Not Respond to the Conclusions in the Report
[B] The Financial Crisis Inquiry Report
§7.14 CONCLUDING OBSERVATIONS
Chapter 8 False Narrative of Asset Liquidity and Value
§8.01 AMERICAN ECONOMIC, FISCAL, MONETARY THEORY POLICY AND ACTION ARE SUBJECT AND SUBORDINATE TO THE AMERICAN RULE OF LAW
§8.02 DEREGULATION, LIQUIDITY AND ASSET VALUES
[A] Deregulation: Again
[B] Regulation of Money and Banks
[C] Safety and Soundness Means Asset Values and Liquidity Are Measured Against Independent Standards and Recorded Honestly
[D] Limitations of Banking Law and Regulation
§8.03 AN INDEPENDENT REGULATED CONSTITUTIONAL STANDARD OF VALUE IS ESSENTIAL FOR THE CREATION AND CIRCULATION OF CONSTITUTIONAL, TRUSTED, HONEST, SAFE AND SOUND SOVEREIGN MONEY IN AMERICA
[A] Creation and Regulation of the Value of Money
[B] The Meaning of Safety and Soundness
[C] The Degradation of Bank Safety and Soundness to a Euphemism
[D] The Bank Regulatory Policy of Extend and Pretend
§8.04 BANK ASSET VALUATION, LIQUIDITY, SAFETY AND SOUNDNESS AND THE FLAWED CERTAINTY OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
§8.05 BANKS AND BANKERS DUTY AND STANDARD OF CARE
[A] The Reasonable and Prudent Banker
[B] Bank Duties and Standards of Care
[C] External and Internal Costs of Breach of Duty to Honestly Regulate the Value of Money
[D] Shadow Banks Duties and Standards of Care
§8.06 SYSTEMIC RISK, BANKING AND FINANCIAL CRISES
§8.07 CHAIRMAN ALAN GREENSPAN AND THE FAILURE OF BANK REGULATION
§8.08 CONCLUDING OBSERVATIONS
Chapter 9 Enforcement of Financial Crisis Accountability
§9.01 NATURE OF CLAIMS FOR FINANCIAL CRISIS ACCOUNTABILITY
§9.02 THE TORTURED PATH OF THE LAW OF MONETARY DUTY AND ACCOUNTABILITY
§9.03 DENIAL OF DUE PROCESS UNDER AND EQUAL PROTECTION OF THE LAW
§9.04 ABUSE OF POWER: ANTI-TRUST, ANTI-MONOPOLY AND ANTI-TYING LAW
§9.05 BANK FRAUD AND RICO
[A] Origin of the Washington Wall Street RICO Enterprise
[B] Application of Common Law and the Restatement (Second) of Torts § 874A
[C] Moral and Legal Character of Honest, Safe, and Sound United States Money
[D] The Washington Wall Street Enterprise Has Denied to the American People Due Process and Equal Protection of the Law
§9.06 PUBLIC POLICY AND COMMON LAW PRECEDENT FOR THE CASE FOR FINANCIAL CRISIS ACCOUNTABILITY
[A] Common Law Evolution into Statutory Laws Regarding Securities Fraud and Crime as a Public Policy Precedent
[B] Common Law Evolution into Statutory Consumer Protection Law as a Public Policy Precedent
§9.07 CLASS ACTION IN Pares Patriae by One or More States Attorneys General
§9.08 DEFINITION OF A CLASS OF PLAINTIFFS IN A CASE FOR FINANCIAL CRISIS ACCOUNTABILITY
§9.09 ORDINARY AMERICANS HAVE SUFFERED DISCRETE, PALPABLE INJURIES IN FACT CAUSED BY THE WASHINGTON WALL STREET ENTERPRISE
[A] The Wall Street Defendants
[B] The Rating Agency Defendants
[C] The Washington Defendants
§9.10 PRACTICAL, TECHNICAL AND PROCEDURAL ISSUES
[A] Immunity Issues
[B] Statutes of Limitation
[1] Limitations: Abuse of Power-Anti-tying
[2] Limitations: RICO Bank Fraud
[3] Tolling
[C] Standing and Class Certification
[1] Threshold Issues Regarding Standing
[2] Standing Generally
[3] Not a Citizen Suit
[4] Justiciability
[5] Case or Controversy
[6] Advisory Opinions
[7] Mootness and Ripeness
[8] Judicial Restraint
[9] Political Question Doctrine
[D] Will the Case Involve a Decision That Has Been Constitutionally Committed to Another Branch?
[E] Does the Suit Involve a Lack of Judicially Discoverable and Manageable Standards?
[F] Other Baker Factors
§9.11 CONCLUDING OBSERVATIONS
Chapter 10 Concluding Observations
§10.01 WASHINGTON AND WALL STREET ARE ACCOUNTABLE FOR THE FINANCIAL CRISIS
§10.02 WASHINGTON AND WALL STREET HAVE ACCOMPLISHED THEIR CONCENTRATION OF INCOME, WEALTH, AND POWER THROUGH ANCIENT CRIME OF MONEY DEBASEMENT
§10.03 ENFORCEMENT OF FINANCIAL CRISIS ACCOUNTABILITY DOES NOT POSE AN EXISTENTIAL THREAT TO AMERICA
§10.04 WEAK, INEFFECTIVE AND UNENFORCED BANKING LAW AND REGULATION PROVES NO SUBSTITUTE TO THE RECOGNITION AND ENFORCEMENT OF WASHINGTON AND WALL STREET FIDUCIARY MONETARY POWERS AND DUTIES
§10.05 FIRST PRINCIPLES OF MORAL AND LEGAL ACCOUNTABILITY FOR ABUSE OF POWER AND INTENTIONAL FALSE MISREPRESENTATION OF ASSET VALUE THROUGH MONEY DEBASEMENT
§10.06 THE ESSENCE OF CIVIL AND CRIMINAL ACCOUNTABILITY FOR FINANCIAL CRISES
§10.07 THE FALSE PROMISE OF COMMITTEE AND REGULATORY INVESTIGATIONS AND REPORTS
§10.08 FINANCIAL CRISIS ACCOUNTABILITY CAN BE FOUND IN OUR EXISTING AMERICAN LAW, ACCOUNTING AND OUR JUDICIAL SYSTEM
[A] Equitable Justice and Equitable Relief
[B] Award of Compensatory Monetary Damages as Retributive Justice
[C] Calculation of Money Damages and Penalties as Retributive Justice
[D] The False Dread Specter of a Wall Street Financial Death Sentence
§10.09 RESTORATIVE JUSTICE
§10.10 THIS CASE IS A CIVIL RIGHTS CASE
§10.11 STRUCTURE PAYMENT OF MONETARY DAMAGES AND RESTORATIVE JUSTICE
§10.12 PRACTICAL RECOMMENDATIONS FOR ORDINARY AMERICANS TO INITIATE LEGAL ACTION FOR FINANCIAL CRISES
§10.13 CONCLUDING THOUGHTS AND RECOMMENDATIONS
INTERNATIONAL BANKING AND FINANCE LAW SERIES

Systemvoraussetzungen

Als PDF speichern Als Link merken