The subprime mortgage criminal lottery

benton J. campbell Well, well, well. Look who is resurfacing in connection with the creation of the Justice Department’s latest criminal Task Force to investigate whether crimes were committed when the subprime-mortgage market collapsed (just what we need — another corporate crime lottery):

Federal prosecutors are stepping up their scrutiny of players in the subprime-mortgage crisis, with a focus on Wall Street firms and mortgage lenders.

Prosecutors in the Eastern District of New York in Brooklyn have formed a task force of federal, state and local agencies that will involve as many as 15 law-enforcement agents and investigators.

The U.S. attorney for the office, Benton J. Campbell, who supervises about 150 prosecutors, said the group will look into potential crimes ranging from mortgage fraud by brokers to securities fraud, insider trading and accounting fraud.

You may remember Campbell. He was the lead prosecutor on the Enron-related criminal trial known in these parts as the first Enron Broadband trial, which ended in an embarrassing loss for Enron Task Force after the prosecution was caught threatening defense witnesses (see also here) and propounding false testimony from one of its key witnesses during the trial. Sort of what you would expect from a trial in which the Task Force advocated an unwarranted expansion of a criminal law intended to punish kickbacks and bribes against business executives who did no such thing.

Interestingly, in the Wall Street investigation, Campbell thinks there actually may be a non-criminal explanation about the meltdown in the sub-prime market:

Mr. Campbell said the "jury is still out" on just how much criminal activity the office might find, particularly on Wall Street, which saw a sudden decline in the value of securities backed by pools of mortgages last year. "There are market forces in play in that area, and that doesn’t necessarily mean there is fraud," said Mr. Campbell, 41 years old.

H’mm. How many damaged lives and careers would have been salvaged had Campbell and his fellow Enron Task Force prosecutors been so open-minded?

Chron: Sacrifice the local economy for the polar bears

polar bears Given the editorial slant of the Houston Chronicle over the past several years, it’s not particularly surprising that the editors ran this editorial calling for polar bears to be declared an endangered species under the federal Endangered Species Act.

Unfortunately, it’s also not surprising that the Chron editorial failed to mention that the oil and gas business — a key source of jobs and wealth for Houston and the nation — is likely to suffer considerable financial damage as a result of the polar bear listing push, which Hugh Hewitt notes "is not only an abuse of the ESA’s original intent but also unsupported by the facts concerning the ice and the polar bears."

"Because you’re not that guy. . ."

Beyond occasional gems such as John Adams or NBC’s 30 Rock, I don’t watch much television, so I’m pretty clueless on the latest TV ad campaigns. However, my wife and I laughed heartily last night when we saw this Helzberg Diamonds commercial below for the first time:

Much to my surprise, I discovered later that my amusement with the commercial apparently reflects my sexism to some folks. This post provides a bit more balanced perspective on the ad campaign.

The stench of injustice

innocence project of Texas Scott Henson reports on the 17th exoneration (see also here) of a citizen in Dallas who had previously been wrongly convicted. This time prosecutors withheld exculpatory evidence from the defendant’s lawyers and police failed to investigate it. New Dallas District Attorney Craig Watkins continues to investigate what appears to be have been a culture of abject injustice within the Dallas County D.A.’s office. I will not be surprised if there are more exonerations.

By the way, the rest of the country is noticing this outrage.

The Rockets Narrative

Houston_Rockets 050108 As the Houston Rockets face the beginning of their straight decade of failing to get out of the first round of the NBA playoffs, the familiar mainstream media narrative regarding the team’s probable playoff loss to Utah is all around us — Superstar Tracy McGrady folds during crunch time at the end of close games and is simply not the type of true superstar who can carry his team to greater success.

However, reality is much different. Rather than underachievers, this season’s Rockets overachieved, somehow winning 55 games during the regular season despite having only two players on the team who were in the top 15 of NBA players at their position in terms of wins-produced. And those two players — injured center Yao Ming and relatively little-used power forward Chuck Hayes — are only ranked 14th and 15th respectively at their position. Not only is McGrady no longer a superstar player, there are dozens of players in the NBA who produced more wins for their team this season than the just-above league average McGrady.

Given this quality of analysis in the local mainstream media, don’t expect the familiar narrative regarding the Rockets to change any time soon. But the truth is that this Rockets team — relative to their talent level — had one of the best seasons of any team in the NBA this season. It’s just that the club needs to find or develop a couple more above-league average players before it can get beyond the first round of the playoffs. 

 

Neuroscience and the Law

Neuroscience and the Law I am always on the lookout for creative and interesting Continuing Legal Education seminars. This one clearly fits the bill:

Baylor College of Medicine’s Initiative on Neuroscience and Law is proud to announce its 2008 Conference. This conference showcases talks from experts in several aspects of neurolaw. Topics include responsibility, punishment, prediction, rehabilitation, brain death, genetics, competence, intention, and ethics – all with an eye toward understanding how cutting edge neuroscience will touch the current practice of law.

The conference, which is worth 3.5 hours of CLE credit, will take place on Friday, May 23, 2008, from 1-5 p.m. at Baylor College of Medicine (Room M321) in the Texas Medical Center. One of the speakers for the conference is Daniel Goldberg, a local attorney and former Texas Supreme Court clerk who is currently working on his PhD at the University of Texas Medical Branch while serving as a Research Professor at Baylor’s Initiative on Neuroscience and Law and as a Health Policy Fellow at Baylor’s Chronic Disease Prevention & Control Research Center (Daniel is also a frequent commenter on health care and health care finance issues on this blog). The preliminary agenda for the conference is here. Check it out.

Examining stadium subsidies

dynamo at robertson As if on cue for the soccer stadium financing issues currently being discussed on the local scene, Dennis Coates provides this excellent op-ed in The American on the dubious nature of municipal stadium subsidies:

Clearly, stadiums built with public funds have evolved over time. No longer are they built to honor the sacrifices of American soldiers. No longer are they built to be flexible venues capable of hosting a great variety of events. And no longer does the public sector determine the appropriate price to charge private enterprise for use of this publicly supplied resource. Today, sports stadiums are largely the private domain of for-profit businesses that the public sector subsidizes, often with special taxes. [.  .  .]

Over time, both the purpose and the real cost of public support for stadiums and arenas have changed. It may be that the subsidies state and local governments provide for stadium and arena construction and operation are justified by the community benefits those facilities provide. But the evidence says otherwise. [.  .  .]

My own research, conducted with economist Brad Humphreys .  .  . finds that the professional sports environment—which includes the presence of franchises in multiple sports, the arrival or departure of teams, and stadium construction—may actually reduce local incomes. For example, we found that the overall sports environment reduced per capita personal income, a finding that was new in the economic literature at the time we published it (1999). We also found that, in many local economies, wages and employment in the retail and services sectors have dropped because of professional sports. [.  .  .]

Of course, even if the benefits of stadiums and arenas cover the subsidies, the subsidies still may not be sound policy. First, there may be enormous variation in the distribution of the consumption and public-good benefits. It is clear that not all citizens in a community benefit equally from the presence of professional sports franchises in their city. Indeed, because the tax revenues used for the subsidies are often generated from lotteries and sales taxes whose burden falls disproportionately on the poor, while the consumption benefits go mostly to relatively wealthy sports fans, the net benefits are distributed regressively. Second, we should consider the net benefits to the community of alternative uses of the funds spent subsidizing sports facilities. Good policy means using the money where the net benefit is greatest, not simply where the net benefit is positive. That’s something state and local governments should keep in mind before pledging millions of dollars to fund the next new stadium project. And it’s something Congress should remember when evaluating the future of U.S. tax policy.

Are you listening, Mayor White?

Fueling food riots

food riot Peter Gordon observed the other day that "politicians are better at creating problems than addressing them. Schools, housing, health care, transportation and others suffer from too much political attention."

Echoing that idea, Clear Thinkers favorite James Hamilton writes about one of the underlying economic reasons for food riots that are occurring in developing nations in some parts of the world:

As a result of ethanol subsidies and mandates, the dollar value of what we ourselves throw away in order to produce fuel in this fashion could be 50% greater than the value of the fuel itself. In other words, we could have more food for the Haitians, more fuel for us, and still have something left over for your other favorite cause, if we were simply to use our existing resources more wisely.

We have adopted this policy not because we want to drive our cars, but because our elected officials perceive a greater reward from generating a windfall for American farmers.

But the food price increases are now biting ordinary Americans as well. That could make those political calculations change, and may present be an opportunity for a nimble politician to demonstrate a bit of real leadership. I notice, for example, that although Senator Barack Obama (D-IL) was among those who voted in favor of the monstrous 2005 Energy Bill that began these mandates, Hillary Clinton (D-NY) and John McCain (R-AZ) were among the 26 senators who bravely voted against it.

Wouldn’t it be refreshing if one of them actually tried to make this a campaign issue?

Sigh. Read the entire post.

What to do about airline service?

Putting aside for the moment airline industry’s seemingly intractable financial problems, lousy airline service has become such an issue that even Judge Posner and Gary Becker are trying to figure out what to do about it. At least painful airline service provides the fodder for this amusing segment of Brian Regan’s stand-up comedy show:

The Troubling U.S. Incarceration Rate

The NY Times’ Adam Liptak has penned a couple of interesting articles recently (here and here) on a frequent topic of this blog — the troubling incarceration rate in the United States.

With only 5% of the world’s population, the U.S. now houses almost a quarter (2.3 million!) of the world’s prisoners. One in 100 adults in the U.S. is now behind bars and 751 people are in U.S. prisons or jails for every 100,000 in population.

The only other major industrialized nation that even comes close to that rate of incarceration is Russia with 627 prisoners for every 100,000 people. England’s rate is 151, Germany’s is 88 and Japan’s is 63.

Attempting to keep all of this in perspective, Pepperdine University’s James Q. Wilson provides this recent op-ed that puts the U.S. incarceration rate in a more favorable light with regard to reducing serious crime.

Among other things, these incarceration numbers certainly makes one wonder why on earth we are sending folks like Jeff Skilling, the NatWest Three, the Nigerian Barge defendants and Jamie Olis to prison?

Meanwhile, in this five-part LA Times debate, Reason’s Jacob Sullum takes on the Heritage Foundation’s Charles Stimson over one of the main reasons for the high U.S. incarceration rate — drug prohibition.

At least in this first installment, Sullum makes a much more compelling case than Stimson. And Peter Gordon has this sage observation about the genesis of drug prohibition.