RSSThank you Sowhat. The fact that at least some people are still able to understand, is what has kept me going over the years. Much appreciated!
The following is an excerpt from a work-in-progress that deals with the means by which the 1% obtain their wealth, as per the following caution from the House of Lords in a criminal fraud case:
One must not confuse the object of a conspiracy [to defraud] with the means by which it is intended to be carried out. Scott v. Metropolitan Police Commissioner [1974] 60 Cr. App. R. 124 H.L.
Almost all commentary on the issue of our extreme wealth disparity deals with our ever-building outrage over the fact of it (the object) instead of the much more critical means by which it is achieved.
Here below I explain what is called an “Assignment of Rents” which the bank in the example transaction demanded in addition to the mortgage on the commercial property. The nominal or alleged joint-borrowers are referred to as “BuyerCo/SellerCo”.
The Assignment of Rents
At this point it is both illuminating and instructive to descend another level into the global socio-economic and socio-financial rabbit hole.
You can define intelligent quotient anyway you want. Currently it is an arithmetic average (V+M)/2 or perhaps weighted average. But using geometric average sqrt(V*M) would have more qualities you like. The point however is why there is this reductionist obsession with measuring intelligence with one number? Why not treat it as vector (V,M) that may have even more dimensions than two?Replies: @TimothyPMadden
That 80 / 80 for example, is better than 90 / 70 either way.
Did you just say:
There are more things in heaven and earth, Horatio,
Than are dreamt of in your philosophy.
Thanks James! That is extremely helpful.
I will certainly check out the references. Thanks again.
My own experience and observations lead me to believe that higher intelligence is a function of the balance achieved between language skills and math skills. That 80 / 80 for example, is better than 90 / 70 either way.
You can define intelligent quotient anyway you want. Currently it is an arithmetic average (V+M)/2 or perhaps weighted average. But using geometric average sqrt(V*M) would have more qualities you like. The point however is why there is this reductionist obsession with measuring intelligence with one number? Why not treat it as vector (V,M) that may have even more dimensions than two?Replies: @TimothyPMadden
That 80 / 80 for example, is better than 90 / 70 either way.
Thank you for that.
So IQ is no longer something that is considered fixed, but rather a changing thing throughout one’s life?
Could someone please enlighten me?
I am under the general impression that the term “IQ” stands for “Intelligence Quotient” and that it is a measure of a child’s intellectual development age divided by their physical age.
So if a given 3-year-old has already developed the intellectual capacity of an average 6-year-old, then that 3-year-old would be said to have an IQ of 200. And vice versa. If a given 6-year-old had only the intellectual capacity of a 3-year-old, then they would have or be said to have an IQ of 50.
So if I am 60 and claim to have an IQ of 200, then does that mean that I have the intellectual capacity of a 120-year-old? If I am 120 and have the intellectual capacity of a 60-year-old, then does that mean I have an IQ of 50?
It seems to me that even if there were no flaws in the test or testing procedures, the thing being measured is more akin to a car’s acceleration-from-zero (or “off the line”) yet most everyone seems to use it as a measure of potential-top-speed.
Remember Donovan Bailey who won the gold medal in the 100 meters at the 1996 Olympics in Atlanta? He was different from most of the people before or after him who also held the title of “world’s fastest man”.
He always started slow relative to the rest of the field, but had this amazing mid-race acceleration that allowed him to blow by the rest of the field in the last 20 meters or so of the race.
Likewise not all children develop at the same rate right out of the womb so to speak. And some who learn very quickly as small children do not necessarily maintain it throughout their lives. They peak early, and then level off closer to average or normal.
I am just trying to get a handle on just what exactly it is being measured and presented as a DNA-level unchanging thing.
One of the most critical factors, if not the outright cause, of everything on your list of evils is what we have been conditioned to call policy.
Everything that makes a real difference is a function of policy being fraudulently passed-off as law.
Law is misdirection – it all about Policy.
An appreciation of policy, however, requires an understanding of the de facto doctrine or doctrine of necessity. De facto means “in fact, and for the time being”.
Assume that you (or anyone else) are the driver of a car, and that you have just come to a stop at a traffic-light-controlled intersection, and where there is a “No Left Turn” sign above the red light signal, and others elsewhere in the intersection. But before the light turns green, a police officer arrives and gets off his motorcycle and takes a position in the middle of the intersection and directs you to turn left.
The question is: Do you obey the sign and drive straight forward when the light turns green?, or do you follow the officer’s direction and turn left?
Legally, you have to turn left, even though the “No Left Turn” sign is otherwise legal / legitimate, because you are following the same authority “in fact and for the time being” as represented by the police officer.
Notwithstanding the presence of the legal “No Left Turn” sign, the driver is complying with the policy of the authority (Crown / state government) as administered by its officer(s) “in fact and for the time being”, and so there is no offence.
With respect to nominal speed limits on the highway, it is the actual and announced policy of the Crown (or state government in the US) that drivers are encouraged to exceed the posted limit by a reasonable amount in the interests of traffic flow.
That policy is then administered by the RCMP (or State Police), for example, as agents of the Crown / government and “for the time being”.
But if a given officer chooses to issue an offence ticket to a given driver, because such driver has, in the opinion of the officer, exceeded the posted limit by an unreasonable amount, then they will claim and charge the driver simply with exceeding the posted limit.
That is fraud and maladministration / malfeasance on the face of it (also technically and in fact racketeering). At its most basic level, the Crown (or any nominal government) is not supposed to be engaging in such carny-level bait-and-switch con games. Such things are presumed to be beneath the dignity of the Crown to engage in.
Procedurally, what the government and the courts are doing under the nominal speed limit laws is the same as charging you or the first driver, mentioned above, who follows the police officer’s directions to turn left, with failure to obey the “No Left Turn” sign.
But further than that, the most salient aspect of the racketeering-based-enforcement model is that it is such an obviously defective (prima facie criminal) system, yet the same socially caustic, corruptive, and corrosive system has remained firmly entrenched throughout most of the world since shortly after the invention of the automobile.
We must consider at least the bare possibility that the racketeering-based corrosive system is in place domestically and globally as policy and for its own sake. Somebody somewhere wants us all at each other’s throats, instead of going about the business of solving problems in a rational and methodic way.
Finally, to complete the model, assume that the real reason the police officer is standing in the middle of the intersection directing you to turn left, is because his brother-in-law has just opened a new store on the cross street and needs customers.
That, in a nutshell, is how the whole world works. Everything that the people think is being done by law is actually policy, and it is the private policy of the administrators and is most often the diametric opposite of what the law provides.
Is that clear?
I agree 100%.
The current generation of these people have had hundreds of years behind them, and all the money in the world, to work at their craft, and they are very very good at it. No offence intended to you, or to anyone who may experience cognitive dissonance when exposed to objective facts that seem to wholly contradict what they had previously thought to be an unshakable reality.
Propaganda seems now to be more than just a tool of political manipulation, but a routine exercise to test and maintain political power.
We'll know our disinformation program is complete when everything the American public believes is false
I have found that the term “systematized delusion” as defined in the law dictionary is the most universally appropriate description of process. A false premise, pursued by a logical process of reasoning to an insane conclusion.
It occurred to me in the early 1990’s that “They always get you at the door”.
Are you in the game?
Yes.
Then you lose.
The administrators are simply not that bright (they probably could be, but have chosen not to be) and can only function according to a template or pattern of behaviour that we have all been programmed to call “policy”.
A full appreciation, however, requires an understanding of the de facto doctrine or doctrine of necessity. De facto means “in fact, and for the time being”.
Assume, for example, that you are the driver of a car, and that you have just come to a stop at a traffic-light-controlled intersection, and where there is a “No Left Turn” sign above the red light signal, and others elsewhere in the intersection. But before the light turns green, a police officer arrives and gets off his motorcycle and takes a position in the middle of the intersection and directs you to turn left.
The question is: Do you obey the sign and drive straight forward when the light turns green?, or do you follow the officer’s direction and turn left?
Legally, you have to turn left, even though the “No Left Turn” sign is otherwise legal / legitimate, because you are following the same authority “in fact and for the time being” as represented by the police officer.
Notwithstanding the presence of the legal “No Left Turn” sign, the driver is complying with the policy of the authority (Crown) as administered by its officer(s) “in fact and for the time being”, and so there is no offence.
With respect to nominal speed limits on the highway, it is the actual and announced policy of the Crown (or state government in the US) that drivers are encouraged to exceed the posted limit by a reasonable amount in the interests of traffic flow.
That policy is then administered by the RCMP, for example, as agents of the Crown and “for the time being”.
But if a given officer chooses to issue an offence ticket to a given driver, because such driver has, in the opinion of the officer, exceeded the posted limit by an unreasonable amount, then they will claim and charge the driver simply with exceeding the posted limit.
That is fraud and maladministration on the face of it (also technically and in fact racketeering). At its most basic level, the Crown is not supposed to be engaging in such carny-level bait-and-switch con games. Such things are presumed to be beneath the dignity of the Crown to engage in.
Procedurally, what the government and the courts are doing under the nominal speed limit laws is the same as charging the first driver, mentioned above, who follows the police officer’s directions to turn left, with failure to obey the “No Left Turn” sign.
But further than that, the most salient aspect of the racketeering-based-enforcement model is that it is such an obviously legally and ethically defective system, yet the same socially caustic, corruptive, and corrosive system has remained firmly entrenched throughout most of the world since shortly after the invention of the automobile.
We must consider at least the bare possibility that the racketeering-based corrosive system is in place domestically and globally as policy and for its own sake.
Finally, to complete the model, assume that the real reason the police officer is standing in the middle of the intersection directing you to turn left, is because his brother-in-law has just opened a new store on the cross street and needs customers.
That, in a nutshell, is how the whole world works. Everything that the people think is being done by law is actually policy, and it is the private policy of the administrators and is most often the diametric opposite of what the law provides. Is that clear?
That is fair enough. Thank you for your honesty.
Hi: This is just from memory as I cannot find the citation (am currently on the road), but there is a book titled (I think) A Criminal History of Mankind. It was published in the 1980’s (I think) and I read it in 2016 or so. In it the author reproduces what is claimed to be the equivalent of a Roman “All Points Bulletin” or APB to be on the lookout for Jesus, and gives a description of a short, balding (male-pattern-baldness) slightly heavy / overweight man with a red / ruddy complexion. In short, what one would have expected instead of the way he is portrayed as a tall blue-eyed Arian in so many modern renditions.
As I recall the book was generally well documented and you can likely find it in index at the back (otherwise it is about 700 pages and may take some time to locate).
It is in the same chapter as the account of the Appian Way – a 200 kilometre long road leading to Rome where, in a single act of reprisal, the Romans crucified 6,000 slaves who had joined in an insurrection. Basically one on each side of the road every few hundred meters to send a message to everyone else. Fun bunch of guys those old Romans.
No I get no pleasure from fooling anyone. I try to educate people to see things that have been carefully mis-labeled to make them seem to be something that they are not, and positively not the things that they are.
The current generation of these people have had hundreds of years behind them, and all the money in the world, to work at their craft, and they are very very good at it. No offence intended to you, or to anyone who may experience cognitive dissonance when exposed to objective facts that seem to wholly contradict what they had previously thought to be an unshakable reality.
To borrow the words of Mr. Royce (I think) to the initial overwhelming negative response to the then new 1907 Rolls Royce Silver Ghost – If you liked it right away, then it would already be dated.
I agree 100%.
The current generation of these people have had hundreds of years behind them, and all the money in the world, to work at their craft, and they are very very good at it. No offence intended to you, or to anyone who may experience cognitive dissonance when exposed to objective facts that seem to wholly contradict what they had previously thought to be an unshakable reality.
Propaganda seems now to be more than just a tool of political manipulation, but a routine exercise to test and maintain political power.
We'll know our disinformation program is complete when everything the American public believes is false
So, Clinton was right, after all.
It seems impossibly obvious in this simple example, but with several of them orchestrated simultaneously or sequentially, anything can truly be made to mean anything.
Hi! I get it now – you are referring to Bill Clinton and his famous response to the impeachment committee or whatever that: “It depends on what the meaning of the word is, is.”
I did not actually see it at the time as I did not have a television set (still don’t) but I heard about it from many of my friends at the time.
I have always been a kind of anti-conspiracy-theorist who tells people to calm down and look for a more logical explanation, but many of my friends at the time were convinced that Mr. Clinton was in fact sending a signal to the powers-that-be that if they did not back off, then he was going to give away the whole game.
I thought at the time that that was a little much, but I am not so sure anymore!
Thanks for that regardless as I had forgotten all about it. Tim.
It is actually a simple concept – the solicitors simply do not grasp the difference between commercial law jurisdiction and criminal law jurisdiction. “Deny Everything” has become engrained in their DNA.
They directly violate multiple provisions of the criminal law, and of the international treaties to which they are enjoined, and then provide multiple disclaimers that expressly provide that if the criminal law offences should be discovered, then they simply don’t care.
What part of “NOTWITHSTANDING any statute [law] …this contract [and security] shall remain in full force and effect” do you find to be not understandable?
Look at it this way – If the solicitors who provided for it and drafted the securities were already in a psychiatric institution, then they would not be getting out anytime soon.
By way of clarification to my last post – the bank had violated the criminal interest rate law by converting the $100,000 “loan fee” in advance and contrary to GAAP and IFRS (International Financial Reporting Standards). So its solicitors added a disclaimer that provides if the bankers get caught, then the borrower agrees to increase the interest rate almost seven-fold to 59%! That’s. Just. Nuts.
Is this how contracts are written?Replies: @TimothyPMadden
If I agree to loan you $500,000 provided that you give me a mortgage claiming that I have loaned you $1 million, plus interest on $1 million, then what is the principal amount of the loan?
Hi: Oh yes – absolutely!
The mortgages registered at the Land Title Registries are total fiction. It is all mind-bogglingly criminal but the bank solicitors believe that they are compensating through nominal “disclaimers” written into the financial securities. Here is brief excerpt:
“As it was in 1880, the driving force and modus operandi of the system remained [in 1990], as it remains still, the all-or-nothing principle of contract law.
Every time a bank lawyer goes before a civil / commercial Court they are saying in essence, in defence of any given illegality presented or claimed by the nominal debtor as a defence: “Look your honour, is this particular practice legal?”
“If you tell me No, then the contract / security is wholly void and essentially all financial institutions everywhere will become instantly insolvent and collapse, and the legal profession as a body, including and especially you and me, will be held liable for the legal, financial and criminal law consequences.”
“And if you tell me Yes, then we will take it as policy and compound our frauds / felonies with yet another new and escalated round of leveraged racketeering activities until we ultimately own and / or control virtually everything on Earth.”
The entrenched-money-power has in fact both systemically and systematically employed that rule / principle to loot the equity of the masses for at least the past 300 years.
Meanwhile, however, the owners and management of the private financial institutions and their solicitors nominally compensated for, and advanced the process of normalizing, their ever increasingly brazen criminal / racketeering activity (and general illegality – both civil (regulatory) and criminal) by adding and / or expanding general / blanket illegality disclaimers (which are themselves illegal and unlawful) to their financial contracts / securities while also adding more specific disclaimers corresponding to specific criminal law violations, such as in respect of the aforementioned s. 347 of the Criminal Code (criminal interest rate or criminal rate of conversion) – also a designated enterprise-crime or racketeering offence, and automatic (strict liability) money-laundering offence under ss. 462.31(1) and under the international treaties:
[The net loan was $2 million at 9% but the security had been falsified by omitting to disclose a $100,000 kick-back to the purported lender, so as to claim $2.1 million at 7.75%. In law it is called a false-document and constructive forgery.]
NOTWITHSTANDING the provisions of any Statute [law] relating to the rate of interest payable by debtors [e.g., s. 347 of the Criminal Code, s. 6 of the Interest Act, etc.], this contract [and security] shall remain in full force and effect whatever the rate of interest received or demanded by [the bank / nominal creditor].
4.1 If the Interest Rate [Capitalized and referenced fixed rate of 7.75% per annum] stipulated herein would, except for this clause, be a criminal rate or void for uncertainty or unenforceable for any other reason, then the interest rate chargeable on the credit advanced or secured by this mortgage will be ONE (1.00%) percent per annum less than the rate which would be a criminal interest rate calculated in accordance with generally accepted actuarial practices and principles [i.e., 60% – 1% = 59% per annum].
[The clause says in essence that the bank has complied with the federal securities law by declaring the real / net advance, and that the rate of interest defined by the required payments is 7.75%. Provided, however, that should it be discovered or raised as an issue that either or both declarations are false [which they are in fact], then the debtor agrees to amend the agreement to 59% per annum on the amount secured regardless of the amount actually advanced!!!.]
Now, an ordinary sane man or woman may well ask: “But that’s crazy isn’t it?”
And the answer is: “Yes. Yes it is.”
A typical financial security in Canada (and ever increasingly the rest of the world) today is constructively and / or prima facie (on its face) offensive to domestic and international laws / treaties against one or more (and normally most) of falsification of an account, fraud, GAAP / IFRS-fraud, breach of trust, breach of fiduciary duty, embezzlement, constructive and actual forgery / making-false-documents, uttering false / forged documents, omitting material particulars from valuable securities, receiving / converting payments or partial payments of interest at a criminal rate, mail fraud, laundering proceeds of crime, and racketeering / wagering.
And all nominally justified by disclaimers to the effect that the parties know and understand that the agreements and securities are illegal and criminal, but if such should be discovered or raised as an issue, then either (1) they simply don’t care, and / or (2) they were just kidding.
But members of the broadly-defined financial law community are incapable of seeing it, by reason of cogno-linguistically-induced diminished capacity. You can take the most obviously and transparently fraudulent and harmful practice on Earth, and as long as those who traffic-in and profit from it agree to label it as “Not-Stealing”, they become functionally incapable of perceiving its wrongful and harmful nature and substance.
But doesn’t that make them profoundly dangerous?
Yes. Yes it does.
Thank you for that, but I think that you have misinterpreted my meaning. I was trying to invoke the uncertainty principle as applied to language.
If I agree to loan you $500,000 provided that you give me a mortgage claiming that I have loaned you $1 million, plus interest on $1 million, then what is the principal amount of the loan?
Is it a question of objective fact ($500,000)?
Or is it a question of agreement of parties ($1 million)?
At its normal highest level of precision, the nominal financial system operates in fact of the “basis point” or 1/100th of 1%.
My essential point is that everything else is virtually meaningless if the things being measured are subject to change by the subjective interpretation of the observer / decider.
Otherwise, I simply don’t have the physics background to comment with any degree of certainty on the mathematics of quantum mechanics.
Is this how contracts are written?Replies: @TimothyPMadden
If I agree to loan you $500,000 provided that you give me a mortgage claiming that I have loaned you $1 million, plus interest on $1 million, then what is the principal amount of the loan?
What is truth?
Truth is a word.
After reading the article and the aggregate comments, I am strengthened in my belief that the physics analogy of Schrödinger’s cat is among the most useful (and notwithstanding the otherwise valid criticism of it in the comments). In the same way that the Oxford English Dictionary, for example, does not purport to define a given word, per se, but rather gives a detailed description of how the word has in fact been used over the years and centuries.
I refer to my version of Schrödinger’s cat as counter-sense words or oscillating-contradictions.
Oscillating contradictions and cogno-linguistic manipulation
The primary means by which corporate supremacy, for example, is achieved and maintained in practice is via the maintenance and use of a small arsenal of about two dozen critical counter-sense or yo-yo-like words/terms that are asserted or claimed to mean either “X” or “Minus-X” at the option of the decision-maker.
Among the most important and sui generis (in a class of its own) is the word person which is held to mean a living, breathing being of conscience (literally a being of equity) with the rights, powers and privileges of such being (“X”), or else it can mean a corporate entity which is a notional/inanimate item of property to be bought and sold and otherwise traded for profit in the stock and financial markets (“Minus-X”).
By way of example/demonstration of the ongoing cognitive manipulation process, if someone had managed to hit the judges of the U.S. Supreme Court with a blast of truth-ray just before they announced their decision in Citizens United, here is what we may have got instead:
So, Clinton was right, after all.
It seems impossibly obvious in this simple example, but with several of them orchestrated simultaneously or sequentially, anything can truly be made to mean anything.
The existential problem with lethal danger that grows exponentially, is that if you wait until you actually see it coming, then you’re already dead.
I think that I can help to answer your question.
But you must understand, going in, that virtually all nominal economic and financial discussions of the issue are fatally flawed because they are attempting to explain credit-reinsurance-in-fact as if it were the same thing as money-lending. (Professor Hudson included, with utmost respect).
The following excerpt (from a work-in-progress) explains the distinction:
Hi: thank you for your kind words. My writings are not as yet posted anywhere. I am a researcher and writer whose home is on Vancouver Island but I have been in South Africa for the past two years researching a book on the history of English law and equity (and policy) over the past 400 years. (Sorry for the delay in responding – 9 hour time difference from the west coast of Canada).
Basically, things in the financial world are made to appear vastly more complicated than they really are. Above all, modern banking (since 1913) is not money-lending. It is credit-insurance and reinsurance. Banks do not advance credit to nominal debtors – they obtain credit from them in the form of the nominal debtor’s underwriting or acceptance of the liability to the bank (via the promissory note). The banker then merely insures or reinsures the credit that it has obtained from the nominal debtor, in favour of the vendor of the property being acquired with the credit. The nominal debtor is the lead-underwriter and creditor-in-fact who creates the credit by underwriting/accepting the liability.
But even that is going too far in a sense, in terms of complexity. Start with the basics. The following is from an essay that I call “My Top 7 Reasons why ‘All of this is unreal’” (Reason #2):
The Deposit function
This is what Stockman is saying about the misdirection and misuse of resources:
Another false premise in the systemized delusion here is that the socioeconomic damages created by pyramid / Ponzi / kiting schemes occur when they collapse. The truly massive socioeconomic damages (misdirection and misuse of resources) occur while the schemes are working and not when they collapse.
And, this is before anything collapses. We are still in the pump phase of the Pump & Dump cycle.
That's because Amazon is both the leading edge of the most fantastic ever bubble on Wall Street and also a poster boy for the manner in which Bubble Finance is hammering growth, jobs, incomes and economic vitality on main street.
Hi: Thanks for that and I certainly appreciate the insight. I think that one of the most significant aspects is a systemic problem of the markets – being that all shares in a given company or listing are deemed to have an exchange value equal to that of the last (most recent) trade.
Also, it is critical to always make a distinction between a loan of money, and an advance of credit which is in substance an insurance transaction and not a money lending transaction. The following is from another article that I am working on. It is still work-in-progress but hopefully the basic distinction comes across.
____
On the meaning of the word repay
A collateral device in the deceptive process is the counter-sense word repay. If a lender makes a loan, then the word repay means to pay back. But when a creditor makes an advance of credit (i.e., merely provides a credit-insurance service), then the word repay cognitively flips to mean or accommodate to pay again.
Lender versus creditor; loan versus advance
Lenders make loans, which they pay for by:
1. pre-existing money/equity already earned and possessed by the lender,
2. assumption of risk, and
3. administrative overhead.
Creditors advance (insure) credit, which they pay for by:
1. assumption of risk, and
2. administrative overhead.
It costs at least a billion dollars to loan a billion dollars, and the lender walks away from the transaction a billion dollars poorer in terms of immediate purchasing power, because now the borrower has it, and the lender does not. A lender incurs a net depletion of its existing money assets by making a loan.
It costs at least nothing to advance a billion dollars of credit, and the creditor walks away from the transaction a billion dollars richer than the instant before, because now they own the debtor’s security, plus the debtor owes them a billion dollars that the creditor did not even possess the instant before. A creditor obtains a net increase in its money assets by making (insuring) an advance of credit.
A billion dollar loan instantly costs a lender a billion dollars.
A billion dollar advance instantly advances or gains a creditor a billion dollars.
Yet not one man or woman in 10,000 even appreciates that there is a difference; that a loan is vastly more expensive to one of the parties, than an advance of credit, because of the added cost of the money itself. Yet legal documents, securities, mortgages, credit-card contracts, newspapers, TV and radio media, court judgements, all of it – all use the word-pairs lender and creditor; loan and advance, cross-interchangeably for what is objectively the single greatest distinction to be made on Earth. I had done so myself for years without realising it (and on occasion still do – it takes persistent mental discipline to avoid it).
“Mr. Banker, that $1 billion transaction that you just completed – did it cost you $1 billion? Or did it gain you $1 billion?”
Banker: “Cost, gain; what’s the difference? You just need to get back to work and leave the complicated philosophical questions to us. As the president of the Anthracite Coal Trust/Monopoly, Mr. George F. Baer, so aptly put it in 1902:
“The interests of the labouring man will be cared for, not by the labour agitators, but by the Christian men [read: inherited wealth club] to whom God has given control of the property rights of the country.”
Among the foundational elements of broadly-defined English law, which still dominates most of the planet (including the U.S.), is the concept of what the judges of the civil/money courts call ones station in life. Under such doctrine, if you were born poor, then it is because God wants you poor, and it is deemed a morally wrongful act for the law to actively assist you to escape God’s will. The English language – including and especially legalese and the language of finance – has concurrently developed so as to mould our perception of reality consistent with that principle.
A closely-related collateral or converse principle or doctrine is the avoidance of unjust enrichment whereby the law holds it as a wrongful and harmful act, of itself, for a living human to get something for nothing (except via inheritance/God’s will). This was also the ground for the original prohibition against financial lotteries, which were portrayed as an attempt by the poor to escape God’s will that they be poor.
A foundational exception/precedent was created, however, and ratified by the House of Lords in 1830 (The Amicable Society for a Perpetual Life Assurance Office v. Bolland et al. [1830] 4 Bligh N. S. 194) under which it was argued by lawyers for the financial institution, and accepted by the judges of the Court, that a corporation owes a duty to its shareholders, wherever possible, to seek and obtain unearned/unjust enrichment, even if it has to commit a tort (an otherwise actionable wrongful act) and/or breach its contract(s) to do it. Again, the Lords agreed.
After establishing this schism in our aggregate and/or collective minds, the commercial law system has slowly massaged and shaped our perceptions of reality to accept the unearned enrichment of a human as a wickedly wrongful act (unless they are already wealthy), while simultaneously accepting the same unearned enrichment of a corporation (and therefore its management and owners) as the epitome of virtue.
This is true, but in the real world the whole banking system runs on 2). Then the question is; If the bank already has a few billion dollars and it creates a new billion dollar loan (out of thin air) and awards it to a borrower, what could go wrong? It's gained an extra billion dollars.That's good, but the evidence is that it can go wrong. For example the Sub-Prime boom created vast amounts of new money (credit) that ended up in construction and speculation. If this speculative pyramid collapses, why shoud it concern the banks? - After all, it was new money conjured out of thin air - so if it disappears what does it matter to the bank?The point seems to be, that you can liken type 2 credit loans to cows "created" by a farmer. He has a collection of them , that he one day has to "un-create", but in the meanwhile he cares for them (and sells the milk) to cover his costs and make a profit (hopefully).If he gets "Sub-Primed" he's created a lot of sick cows that a) don't give any milk b) die while he's still got the liability to support them = a bad situation. He has to dip into his small savings to cover his costs which he knows he can't.In the Sub-Prime debacle, the farmers knew that the cows were sick, but they all wanted big farms, and word got round that that a company called AEG would give cheap insurance that covered their loses if the animals didn`t turn out to be prime milkers. AEG did very well until they were asked to pay up - and when they didn't - the government paid, and the farmers still got their bonuses.Moral that dairy farmers/bankers need a good connection to government.
1) A billion dollar loan instantly costs a lender a billion dollars.
2) A billion dollar advance instantly advances or gains a creditor a billion dollars.
I more or less agree with everything in the article but I think that the phenomenon described is a manifestation or symptom of a larger phenomenon that I describe as The Great Liability Kiting Bubble (copied below).
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Bankers are not equity-lenders – they are legal-debt insurance underwriters and liability-kiters who almost never actually pay anyone but only ever agree that they owe them by issuing deposit credits that do not cost them anything of substance to produce – or what the Canadian judiciary refers to as “substitutes for currency”. The appeal Court, below, directly addresses the system employed by the chartered banks and the Alberta Treasury Branches, but which applies equally in theory and practice to all members of the Canadian Payments Association (CPA):
The chartered banks in Canada issue obligations, namely, deposit liabilities, which are generally accepted as means of payment in Canada although they do not have the status of legal tender. In like manner the treasury branches create deposit liabilities. These deposit liabilities are a form of book debt owing by the bank to the customer and in most cases, including the treasury branches, are subject to transfer by cheque. These payments by cheque provide the means of settlement of a large percentage of the transactions of Canada. Likewise, the treasury branches’ deposit liabilities furnish their customers with a similar means of making settlement of transactions by orders drawn on the treasury branches because the treasury branches have been able to persuade the public to regard their deposit liabilities or promises to pay as the equivalent of legal tender by undertaking to convert them into legal tender on demand. These deposit liabilities are used by the customers of the bank or treasury branch which created them as a substitute for currency. (Breckinridge Speedway v. R [The Crown] (1967) 63 W.W.R. 257).
[1. Note that the said deposit liabilities function-in-fact as evidence-of-indebtedness, and not as promises-to-pay. To be precise the Court ought to have written: “…to regard their deposit liabilities or evidence of their own indebtedness…”. that is, a bank’s “deposit liability” is an assumption of liability and not a promise to pay. That and the assignability (by cheque) of the banker’s liability is what allows them to function as substitutes for currency.]
The banks/bankers globally endlessly kite their liabilities while re-setting our financial perception calibration by a factor of 1,000 roughly every ten years to accommodate the massive ballooning of their aggregate liabilities. In the 1960’s we were accustomed to dealing with substantial (richest-family-based) wealth in the hundreds of millions. Then in the early seventies we were introduced to the words billion and billionaire. In the 1980’s we were introduced to the words trillion and trillionaire. Then toward the end of the 1990’s and early 2000’s we were introduced to the word quadrillion. In just my adult lifetime we have gone from a measurement standard calibrated in millions to one that is calibrated in million-billions (a quadrillion is a million billion). If a million is one inch, then a quadrillion is15,700 miles.
The Great Kited-Liability Bubble
Kiting means to keep (financial) paper in the air.
Also among the most significant “systemic debt” problems is the systemic and systematic destruction of the working capital of small businesses and the entrepreneurial class by what the global financial system deceitfully refers to as “merchant discounts” or “merchant fees” on transactions that are charged to credit/charge-card accounts.
The visa and mastercard banks alone skim the USD-equivalent of $500 million a day off of their global throughput, including about $50 million a day from the VAT’s and other sales taxes that are run through these accounts. Most banks actually make more money skimming the government sales taxes than they pay in income taxes.
Banks do not make free loans and they do not advance credit for free. As a condition of access to visa or mastercard a merchant must agree to give a concealed price discount to card-users so that the nominal credit provider can collect a concealed credit charge at the end of the grace period (concealed-credit-charge-accrual-period) while leading the card user to believe that they have received cost-free credit. This isn’t bleeping rocket science!
When cornered, the bankers answer the stark reality of it by the equally ludicrous claim that “It’s not a credit charge – it’s a discount for cash!”. You would need a small army of psychiatrists to even describe the scope of managed-mental-illness in that explanation. You go into a computer store that has for sale a laptop computer with a sticker price of $1,000. The merchant takes mastercard, visa, and american express. His nominal discount rates are (visa) 2.5%, (mc) 3.5%, and (amex) 5%. So what is the price of the computer and what is the “discount for cash”?
The question is non sequitur because the setup itself is a contradiction in terms. There is no definitive answer because the thing itself is a concealed credit charge of $25, $35, or $50 depending on the card-issuer. And that is the respective amount the bankers metaphorically stuff into their pockets at the end of the grace period when it is physically received from the card-user and which they are required to, and do, record as interest/credit-charge revenue received from card-users and not merchants.
By contract, the merchant has to sell the same computer to a cash/cheque/debit customer for the $1,000 nominal sticker price. But to a visa-user for $975, to a mastercard-user for $965, and to an amex card-user for $950, so that the card-issuers can take a concealed interest/credit-charge rake-off of $25, $35, or $50 respectively, from the card-user’s payment at the end of the grace period or interest/credit charge-accrual period.
These concealed credit charges are in addition to the $250 million a day that the same banks assess against outstanding account balances.
If a small business is operating on a 10% gross margin, then a 3% price reduction represents 30% of their gross operating margin. The US accounts for about 25% of the global total or about $50 billion a year in higher prices to cover the banks’ collective rake-off. But it is also $50 billion a year that is effectively and disproportionately shouldered by small business and the entrepreneurial class to significantly reduce their ability to compete with the corporate class that gets significantly lower rates.
When all credit/charge-cards including retail store cards, gasoline company cards, etc. are factored in, the global grand total is approaching the USD-equivalent of $1 billion a day, or over $350 billion a year over and above the circa $200 billion a year that the same issuers are receiving as interest called interest on outstanding balances.
Now that is a systemic debt problem.