April 2002 - VOLUME 23 - NUMBER 4
E D I T O R I A L
It is now commonplace to speak of the power of the markets
relative to the prerogatives both of individual firms providing goods
and services and of governments themselves. The markets are said to exert
authority, and at least veto power, over company decisions about how much
they pay workers, what technologies they invest in, whether they take
measures to protect the environment and much more. Conventional wisdom
holds that the markets block governments from imposing limitations on
corporate activity ranging from protections for workers against
sudden firings to limits on air pollution emissions to caps on corporate
size. There is no small amount of truth to these observations. But they may
obscure as much as enlighten, especially to the extent that they depersonalize
responsibility and convey a common circumstance of passivity on the part
of the worlds largest institutions. Focusing attention on Citigroup, the worlds largest private financial
institution, illustrates the flaw in ascribing too much power to the undifferentiated
markets. On the one hand, the power of markets is dependent on the rules
of the national and global economy rules which Citigroup and other
large corporations help write. On the other hand, even the financial markets
are made up of institutional players like Citi that, depending on the
issue, exert enormous influence over the markets effective collective
decisions. The story of Citigroups formation illustrates how this financial
goliath maneuvers to escape the tethers of government regulation. In 1998, Travelers CEO Sandy Weill and Citicorp head John Reed announced
plans to merge their two financial powerhouses. There was one problem:
U.S. law prohibited the merger of commercial banks with insurance companies
and securities firms. The two companies were not deterred. A loophole
in the law barring such combinations gave the two companies a two-year
window before the merger ban would kick in. That would be plenty of time,
they figured, to change a centerpiece of U.S. banking laws that had stood
in place for more than 50 years. There already was momentum in Congress in support of the financial deregulation
that proponents supported under the misleading banner of financial
modernization. But there were also major legislative blocks and
hurdles, and no assurance of passage. Enter Citigroup. Though Citicorp has opposed the deregulation bill, the
merged Citigroup became its most important advocate, with Sandy Weill
pitching a tent in the halls of Congress to lobby legislators. Still, the bill remained mired in Congress, thanks to jurisdictional
disputes among federal agencies, intra-industry conflicts and consumer
group opposition. Former Clinton Treasury Secretary Robert Rubin sealed the deal. After
having left his Treasury Department post, but amidst negotiating his new
terms of employment as chair of the management committee at Citicorp,
Rubin brokered the final compromise to ensure passage of the financial
deregulation bill. While Citis top priority was an after-the-fact legalization of
the tainted Citicorp-Travelers merger, much more was at stake for
both the financial industry and consumers. The bill has enabled not just
this particular corporate combination, but the intermingling of businesses
that were formerly, properly and prudentially, kept apart. Now affiliates of holding companies are free to share information related
to finance, health and other personal consumer matters. (As a sop to consumer
groups, the law permits consumers to opt-out of these information sharing
arrangements, but most consumers do not read or understand the notices
they receive informing them of these rights.) The information sharing
facilitates marketing efforts by the growing financial giants, at the
expense of consumer privacy. The financial deregulation law purports to prohibit cross-subsidization
of imperiled insurance or other subsidiaries by the financial services
companies banking affiliates. But the structure of the newly formed
companies makes such internal asset sharing almost unavoidable. Since
the banks money is backed up by federal insurance, the problem becomes
one not just of financial stability, but of the involuntary expansion
of the federal guarantee to other financial service company operations. The mega-companies enabled by the deregulation law call for a more robust-than-ever
regulatory authorities to monitor that no Enron-style cooking of
the books is occurring. But Citi along with the rest of the finance industry
made sure that provisions to strengthen and coordinate decentralized and
disjointed U.S. financial regulators were not included in the final bill. A similar leveraging of Citis power on Capitol Hill is unfolding
yet again, as Congress makes way to achieve final passage of a bankruptcy
reform bill. Simply a dream in the minds eye of industry
lobbyists just a half decade ago, the bill in 2000 passed both houses
but was vetoed by then-President Bill Clinton. It passed again last year,
but did not emerge from conference committee. Now the Congress appears
set to get a bill to the presidents desk. President Bush has indicated
he will sign it. The bill is designed to alleviate a manufactured bankruptcy crisis. It
is manufactured in two senses. First, in that there is no evidence of
a surge in individuals gaming the system and illegitimately declaring
bankruptcy, notwithstanding the industrys claims to the contrary.
Second, in that the problem of excessive consumer debt a real problem
is due in significant part to abuses of Citigroup and the financial
services industry itself. Their extremely aggressive pushing of credit
cards, and the usuriously high interest rates they attach to credit card
debt, have left millions of consumers deep in hock. Rather than curtailing the abuses of Citigroup and the rest of the credit
card industry, of course, the Orwellian Bankruptcy Abuse Prevention and
Consumer Protection Act would penalize those in tough financial times.
It gives high priority to repayment of credit card debt even as
opposed to payments for housing, child support and other more important
obligations and attaches other onerous conditions to personal bankruptcy.
It locks many out of bankruptcy courts altogether. The National Consumer
Law Center says, in virtually every respect, the bills [both Senate
and House versions] would make it harder for debtors to file and would
undermine the relief available in the bankruptcy system. ... [They] would
drastically shift the balance of power in bankruptcy cases in favor of
creditors. Citi gets its way in Congress through the normal payoff system of campaign
contributions (company donations totaled more than $2.5 million in the
2000 election cycle, and the company is the top political donor among
commercial banks in the current cycle, according to the Center for Responsive
Politics), and an elaborate lobbying operation (in 1999, the most recent
year for which data is available, the company spent more than $5 million
on 63 lobbyists at firms ranging from Akin, Gump to Wilmer, Cutler and
Pickering, according to the Center for Responsive Politics). But Citi
gains influence as well simply by virtue of its size, its heavy advertising
and its 50-state presence which make politicians aware of its reach
and deferential to its demands. The company is also able to deploy Rubin
as a lobbyist, spokesperson, well-connected insider and arm-twister without
peer. The company functions equally effectively in the international arena,
where its interconnections with the U.S. government serve it well. It played a vital role in lining up the political forces to back the
launch of the World Trade Organization, as Antonia Juhasz notes [see Servicing
Citis Interests]. Citi was among the leading corporate ideologues
pressing for negotiation and adoption of the WTO agreements; and continues
now to back expansion of the WTOs General Agreement on Trade in
Services (GATS), which will remove barriers to Citis global ambitions. The company is among the leading recipients of backing from the U.S.
Overseas Private Investment Corporation, relying on OPIC support in Argentina,
Brazil and Jamaica, among other locales. And Citis influence has been decisive in arranging U.S.- and International
Monetary Fund-led bailouts during the Mexican financial crisis of 1994
and the Asian financial crisis of 1997-1998. Those bailouts helped not
the people in Mexico, South Korea, Thailand and Indonesia who found their
economies suddenly decimated, but the foreign lenders who had actually
helped created the crises. The infusion of bailout money went largely
to pay off foreign creditors, of which Citi was among the most prominent
in both instances. Citi helped create those financial crises through excessive lending;
Citi arranged publicly financed bailouts that relieved the company of
the costs of its errors; and then the company took advantage of the crisis
countries vulnerability to force them to open their markets to foreign
firms. Post-crisis, Citi has acquired Mexicos Banamex, and is now
contemplating bidding on the credit card business of South Koreas
Chohung Bank. Indeed, Citi worked with Rubin, then in his Treasury Department role,
to use the crises to force open the countries financial sectors.
Lobbying by American financial services firms, which wanted to crack
the Korean market, was the driving force behind the Treasurys pressure
on Seoul, reports Paul Blustein in his book, The Chastening:
Inside the Crisis that Rocked the Global Financial System and Humbled
the IMF. But more is going on here than just the leveraging of private power to
influence public decisions. Even more than most companies, Citigroup functions
as a private government. Its decisions have enormous influence over the
allocation and terms of credit in the United States and around the world.
These are decisions that fundamentally shape the way the world works and
looks. Citigroup has recently acquired The Associates First Capital, the largest
U.S. predatory lender, which has specialized in ripping off poor people
[see Predatory Associates]. It claims to be cleaning up Associates
act, and is unlikely to continue the low-grade, shady operations that
prevailed under the companys former ownership. But community groups
around the United States insist that Citi has failed to provide adequate
credit in low- and middle-income communities. They are demanding that
the nations largest bank begin providing those neighborhoods with
the capital they need to prosper. And now the environmental movement is increasingly focusing on Citi and
other private lenders loan practices in the developing world, calling
attention to the lenders responsibility for bankrolling environmentally
destructive projects which could not proceed in the absence of private
finance [see The Cost of Living Richly]. These campaigns longstanding in the case of the community groups,
much newer in the case of the environmentalists recognize the imperative
of bringing Citi under public control. The U.S. Community Reinvestment
Act, obligating banks to make loans in low- and middle-income communities,
is an imperfect but vital example of how the public can begin to place
affirmative obligations on Citigroup and others in the finance industry. Imposing such obligations, as well as strengthening regulation of the
industry, establishing new mechanisms of accountability and aggressively
applying antitrust and pro-competition rules, are all made much more difficult
by Citis grip on political power. But it is vital that citizen movements galvanize around such demands quickly. The Citi-led trend to rapid consolidation in the financial services industry is altering the balance of political power ever more in favor of the finance industry and against democracy. |