Nihilism and Globalization
What a week it has been in the world of corporate criminality and governmental spinelessness!
On Monday, the British Bank HSBC agreed to pay a fine for $1.92 billion for repeated and systematic violations of two U.S. laws to prevent money laundering. The bank transferred hundreds of billions of dollars for its clients, likely enabling crimes ranging from tax evasion to terrorism. Once again, no one will be indicted, let alone found guilty. The reason: concern that criminal charges would hurt the bank’s business and, because it is so big, destabilize the financial system. The story is too familiar: A bank that is too big to fail gets away with criminal activity with simply a fine. While $2 billions sounds big, it is less than one quarter’s profit for HSBC. Oh, and the banks said it was sorry, sort of: “We accept responsibility for our past mistakes,’’ HSBC’s chief executive said in the statement. Mistakes are not crimes.
Meanwhile, on Tuesday in London, British authorities did make some arrests, something U.S. authorities still seem unwilling or unable to do.
In a predawn raid, police took three men into custody at their homes on the outskirts of London. One of the men is Thomas Hayes, 33, a former trader at UBS and Citigroup, according to people briefed on the matter who spoke on condition of anonymity. The other two men arrested worked for the British brokerage firm R P Martin, said another person briefed on the matter.
These arrests come in the LIBOR rate-fixing scandal, one of the biggest financial scandals ever uncovered. By colluding to fix interest rates that banks use to lend to other banks, banks ensured that they would make more money on their own student loans, mortgages, and municipal financings and consumer loans. The suits by injured parties will be keeping lawyers well paid for a decade.
On Wednesday, Bill Hwang, a high-flying hedge fund Director, pled guilty of wire fraud on behalf of his now defunct hedge fund Tiger Asia and admitted to improper trading by the firm. But Hwang himself walked out of court an innocent man, as the NY Times reports:
Federal prosecutors did not bring charges against Mr. Hwang himself. But he and his head trader, Ray Park, settled a parallel lawsuit brought against them by the Securities and Exchange Commission. Mr. Hwang and his fund will pay $44 million in fines, and he agreed to a five-year ban from the securities industry.
Once again, no one in the United States is being indicted or going to jail. And yet the federal prosecutor claimed victory for the investing public, seemingly unworried about the law-abiding public:
This criminal activity by a hedge fund operator, one of the biggest in the world, is unacceptable,” Paul J. Fishman, the United States attorney in New Jersey, said in a statement. “The investing public must be reassured that they are investing in markets that are operated fairly.
Also on Wednesday Deutsche Bank, the largest German banking behemoth, announced that its offices were raided by German investigators as part of an investigation into tax evasion by two of its top executives. Deutsche Bank has many problems, including a continued investigation to its role in the LIBOR rate fixing scandal that has already claimed settlements from Barclays in England and UBS in Switzerland (see Tuesday and Thursday).
On Thursday, the Swiss financial giant UBS announced that it was close to agreeing upon a $1 billion settlement with regulators in the U.S., Britain, Switzerland and Canada around the LIBOR rate fixing scandal (see Tuesday above).
While some minor players are being charged, once again there seems to be no interest in holding any major players at the bank responsible. As the NY Times writes,
The Swiss bank has reached a conditional immunity deal with the antitrust arm of the Justice Department, which may protect the bank from criminal prosecution under certain conditions The Justice Department’s criminal division, however, could still take action against the bank. UBS also has said it is working with Canadian antitrust authorities by handing over e-mails and other documents implicating other banks.
Over the weekend, hundreds of demonstrators around England protested against Starbucks for its tax minimization strategy. Starbucks capitulated, in part, agreeing to pay a one-time voluntary tax payment to England, something that sets the dangerous precedent of tax blackmail and does nothing to address the underlying problem. Let’s be clear. Starbucks broke no laws. But it did use creative accounting to minimize its taxes. For example, the profitable Starbucks franchises in England paid large fees to Starbucks’ subsidiary firms in low-tax countries for use of Starbucks branding, logos, and for the use of the firms’ coffee recipes. In effect, Starbucks laundered its corporate profits in high-tax England by transferring its profits to lower-cost jurisdictions. This is legal. The business community mysteriously finds it ethical. The protesters are rightly incensed. The real question is why, after hearing about such shenanigans for years, do legislatures continue to refuse to pass basic legislation making such tax minimization standards illegal.
The big story of the week remains the ever-growing insider-trading scandal that has been revolving around the Greenwich hedge fund SAC Capital run by Steven Cohen. Now 12 employees and alumni of Cohen’s firm have been indicted for insider trading (six while working for SAC and six for misdeeds after they left to start their own firms). Cohen himself has not been accused of wrongdoing, but the latest of his allegedly criminal underlings, Matthew Martoma, was Cohen’s right hand man for two years. And the prosecutors know that SAC sold its large positions in two drug-development companies and then shorted the stocks in those companies based on inside information from a trial of those drugs. And they know that Martoma and Cohen had a 20 minute phone conversation discussing their investment in those companies over the weekend before they sold their shares the following week. There is no clear evidence that Martoma told Cohen about his illegally obtained information. While both men remain innocent until proven guilty, Cohen’s firm SAC Capital is clearly a place that intentionally or not encourages illegal activities. Cohen points to his large compliance office of 30 legal and support officers, but one has to wonder about the priorities at the fund.
Actually, not much wonder is necessary. As Jesse Eisinger writes in an excellent essay in Thursday’s New York Times, few of SAC’s investors seem to care about the apparent ethical culture of laxity that surrounds his firm.
Astonishingly, investors don’t seem to mind terribly. They added as much as $1.6 billion in new capital to SAC’s flagship fund from 2010 to the end of 2011, when the insider trading investigation was in full bloom, according to Absolute Return, an industry trade publication.
At least some big institutions have begun to contemplate thinking about perhaps withdrawing money from Mr. Cohen. Congratulations. What took them so long? Citigroup’s private bank has told its clients not to put in new money, according to Bloomberg. What about getting their clients out? Why hasn’t bank given that advice before this?
The biggest, most sophisticated investors certainly put an enormous amount of pressure on hedge funds. But almost none of it is about ethics and clean culture. It’s about performance. A fund that runs a few ticks lower than its peers for several months running can get put out of business.
Many institutional investors have so perfected the art of looking the other way that they make bystanders on a New York City subway platform look like models of social responsibility.
The operating standard is to allow fund managers — or affiliated businesses or employees — to go as far as they can until the moment they are caught doing something wrong. Through their actions, Citigroup, Blackstone and the others are sending a message that they will forgive rotten ethics for great returns.
Eisinger asks the right question: At what point does “willful blindness turn to complicity”? It is hard to resist that basic conclusion.
While all these scandals were unfolding, I led a discussion on Monday evening about The Intellectual Origins of the Global Financial Crisis at the last great bookstore in New York City, Book Culture, up near Columbia University. We had a standing room only crowd and ran out of chairs (thank you all). The discussion featured excellent panelists, all of whom are contributors to the new book of the same name published by Fordham University Press and edited by myself and my colleague Taun Toay. The other panelists were Robyn Marasco, Paul Levy, and Vincent Mai.
One of the main issues raised was the sea change in values. In his contribution to the volume, Vincent Mai, former Chairman of AEA Investors and now of Cranemere LLC, writes:
The first thing is just a complete change in the values of the people who are in the financial community in Wall Street, and in the culture. And, as I said, it’s not to say that the people in my era were all angels and that they’re all devils today. But, having said that, there has been a huge cultural shift.
Mai tells that when he began
there was a set of ground rules that governed the way you did business that imposed a discipline that was central to the way Wall Street worked. It was the same in all the firms. And I’ve watched with a combination of fascination and horror at the way the world has changed, turned upside down.
Paul Levy, Managing Director of JLL Partners, reminds us that good people work in business but he laments that these people are increasingly trained in narrow specialties and without the broad interests nurtured by excellent liberal arts educations. Levy writes,
I am no saint, but I can tell you that when I started my working careers as a corporate lawyer I wanted to be financially successful, although I did not have a firm view on how to get there.
Nowadays, Levy laments, college graduates make $150,000 per annum and quickly expect to make $300-$400,000 and soon more than $1 million. He writes: “Getting money has become the goal, instead of building the person.”
Robyn Marasco resisted the notion that greed is behind our current problems. Greed, she writes, is often good.
Moralizing against greed is no match for the realist recognition that what is often called greed—greed for life, greed for love, and greed for knowledge—is constitutive of human striving, what Spinoza called conatus, what Schopenhauer names the will to life, what Nietzsche terms the will to power. Greed is, indeed, good, if by it we mean a dynamic and energizing force that resists satisfaction in any particular object.
Our conversation touched on the moral hazard created by the lack of criminal sanctions on any of the main players in the financial crisis, something that the news summary from this week highlights. Above all, we spoke about the upending of values and the question of how to change or restore earlier values that have been lost. And, of course, we talked about Hannah Arendt.
Few thinkers saw more clearly than Arendt the connection between what Nietzsche called the devaluing of the highest values and what we today call global capitalism. Ethics requires setting limits to behavior and the political bodies that set such limits are the trustees of firms, city councils, state governments, and national legislatures. Whether these ethical limits are legal or moral, they establish common sense criteria about what is right and what is wrong.
Arendt sees that globalization—what she at the time understood as imperialism—is actually a political corollary of nihilism, the illegitimacy of all moral and political limits. If we as a people no longer feel sure that certain behavior is simply wrong, we will be willing increasingly to lower our ethical standards in order to compete with firms and nations that operate according to lower or different standards. There seems to be no ethical limits to the depths to which our companies will sink in the pursuit of profit; and profit becomes the only meaningful and objective criteria to judge success in a world in which all other values are relative and questionable.
Arendt’s insight into the intellectual origins of the rise of capitalist rationality is the impulse behind The Intellectual Origins of the Global Financial Crisis. The book grew out of the 2009 Hannah Arendt Center conference and its recent publication is as timely as ever. On this week of seemingly endless examples of corporate malfeasance, our new book is your weekend read.
--RB
Out Loud for Human Rights in Lebanon
There is probably no question more debated in the course of Middle Eastern uprisings than that of the status of human rights. Anyone familiar with the region knows that the status of human rights in the Middle East is at best obscure. The question of why there was not a “revolution” in Lebanon is a very complex one, tied with the fate of Syria and with the turbulent Lebanese politics since the end of the civil war, and hence cannot be fully answered. In a vague sense it can be said of course that Lebanon is the freest Arab country and that as such it bears a distinctively different character.
While at face value, the statement is true, being “more free than” in the Middle East is simply understating a problem. Just to outline the basic issues, Lebanon’s record on human rights has been a matter of concern for international watchdogs on the following counts:
Security forces arbitrarily detain and torture political opponents and dissidents without charge, different groups (political, criminal, terrorist and often a combination of the three) intimidate civilians throughout the country in which the presence of the state is at best weak, freedom of speech and press is severely limited by the government, Palestinian refugees are systematically discriminated and homosexual intercourse is still considered a crime.
While these issues remain at the level of the state, in society a number of other issues are prominent: Abuse of domestic workers, racism (for example excluding people from color and maids from the beaches) violence against women and homophobia that even included recently a homophobic rant on a newspaper of the prestigious American University in Beirut. The list could go on forever.
The question of gay rights in Lebanon remains somewhat paradoxical. On the one hand, article 534 of the Lebanese Penal Code prohibits explicitly homosexual intercourse since it “contradicts the laws of nature”, and makes it punishable with prison. On the other hand, Beirut – and Lebanon – remains against all odds a safe haven, for centuries, for many people in the Middle East fleeing persecution or looking for a more tolerant lifestyle.
That of course includes gays and lesbians and it is not uncommon to hear of gay parties held from time to time in Beirut’s celebrated clubs. At the same time, enforcement of the law is sporadic and like everything in Lebanon, it might happen and it might not; best is to read the horoscope in the morning and pray for good luck. A few NGO pro-LGBT have been created in the country since the inception of “Hurriyyat Khassa” (Private Liberties) in 2002.
In 2009 Lebanese LGBT-organization Helem launched a ground-breaking report about the legal status of homosexuals in the entire region, in which a Lebanese judge ruled against the use of article 534 to prosecute homosexuals.
It is against the background of this turbulent scenario that Samer Daboul’s film “Out Loud” (2011) came to life, putting together an unusual tale about friendship and love set in postwar Lebanon in which five friends and a girl set on a perilous journey in order to find their place in the world.
Though the plot of the film seems simple, underneath the surface lurks a challenge to the traditional morals and taboos of Lebanese society – homosexuality, the role of women, the troubled past of the war, delinquency, crime, honor – which for Lebanese cinema, on the other hand, marks a turning point.
This wouldn’t be so important in addressing the question of rights and freedoms in Lebanon were it not for a documentary, “Out Loud – The Documentary”, released together with the film that documents in detail the ordeal through which the director, actors and crew had to go through in order to complete this film.
Shot in Zahlé, in mountainous heartland of Lebanon and what the director called “a city and a nation of conservatism and intolerance”, it is widely reported in the documentary that from the very beginning the cast and crew were met with the same angry mobs, insults, and physical injuries that their film in itself so vehemently tried to overcome; a commercial film about family violence, gay lovers, and the boundaries of relationships between men and women. A film not about Lebanon fifteen or twenty years ago, but about Lebanon of here and today.
Daboul writes: “Although I grew up in the city in which “Out Loud” was filmed, even I had no idea how difficult it would be to make a movie in a nation plagued by violence, racism, sexism, corruption and a lack of respect for art and human rights.” The purpose of “Out Loud” of course wasn’t only to make a movie but a school of life, in which the maker, the actors and the audience could all have a peaceful chance to re-examine their own history and future.
Until very recently in lieu of a public space, in Lebanon, any conflict was solved by means of shooting, kidnapping and blackmailing by armed militias spread throughout the country and acting in the name of the nation.
The wounds have been very slow to heal as is no doubt visible from the contemporary political panorama. Recently, a conversation with an addiction counselor in Beirut revealed the alarming statistics of youth mental illness, alcoholism and drug addiction across all social classes in Lebanon, to which I will devote a different article.
Making films in Lebanon is an arduous process that not only does not receive support from the state but is also subject to an enormous censorship bureaucracy that wants to make sure that the content of the films do not run counter to the religious and political sensibilities of the state. In the absence of strong state powers, the regulations are often malleable and rather look after the sensibilities of political blocs and religious leaders rather than state security, if any such exists.
The whole idea of censorship of ideas is intimately intertwined with the reality of freedom and rights and with the severe limitations – both physical and intellectual – placed upon the public space.
In the Middle East, censorship of a gay relationship is an established practice in order to protect public morality; however what we hear on the news daily that goes from theft to murder to kidnap to abuse to rape to racism, does not require much censorship and is usually consumed by the very same public.
If there is one thing here that one can learn from Hannah Arendt about freedom of speech is that as Roger Berkowitz writes in “Hannah Arendt and Human Rights”:
The only truly human rights, for Arendt, are the rights to act and speak in public. The roots for this Arendtian claim are only fully developed five years later with the publication of The Human Condition. Acting and speaking, she argues, are essential attributes of being human. The human right to speak has, since Aristotle defined man as a being with the capacity to speak and think, been seen to be a “general characteristic of the human condition which no tyrant could take away.”
Berkowitz adds:
Similarly, the human right to act in public has been at the essence of human being since Aristotle defined man as a political animal who lives, by definition, in a community with others. It is these rights to speak and act –to be effectual and meaningful in a public world – that, when taken away, threaten the humanity of persons.
While these ideas might seem oversimplified and rather vague in a region “thirsty” for politics, they establish a number of crucial distinctions that must be taken into account in any discussion about human rights. Namely:
1) The failure of human rights is a fundamental fact of the modern age
2) There is a distinction between civil rights and human rights, the latter being what people resort to when the former have failed them
3) It is the fact that we appear in public and speak our minds to our fellowmen that ensures that we live our lives in a plurality of opinions and perspectives and the ultimate indicator of a life being lived with dignity.
Even if we have a “right” to a house, to an education and to a citizenship (that is, belonging to a community) if we do not have the right to speak and act in public and express ourselves (as homosexual, woman, dissident and what not) we are not being permitted to become fully human. Regardless of the stability of political institutions, provision of basic needs and security, there is no such a thing as a human world – a human community – in the absence of the possibility of appearing in the world as what we truly are.
“Out Loud” – both the film and the documentary – are a testimony of the degree to which the many elements composing the multi-layered landscape of Lebanese society are at a tremendous risk of worldlessness by being subject to an authority that relies on violence in lieu of power. Power and violence couldn’t be any more opposite.
Hannah Arendt writes in her journals:
Violence is measurable and calculable and, on the other hand, power is imponderable and incalculable. This is what makes power such a terrible force, but it is there precisely that its eminently human character lies. Power always grows in between men, whereas violence can be possessed by one man alone. If power is seized, power itself is destroyed and only violence is left.
It is always the case in dark times that peoples – and also the intellectuals among them – put their entire faith in politics to solve the conflicts that emerge in the absence of plurality and of the right to have rights, but nothing could be more mistaken. Politics cannot save, cannot redeem, cannot change the world. Just like the human community, it is something entirely contingent, fragile and temporary.
That is why no decisions made on the level of government and policies are a replacement for the spontaneity of human action and appearance. It is here that the immense worth of “Out Loud” lies; in enabling a generation that is no longer afraid of hell – for whatever reason – to have a conversation, and it is there where the rehabilitation of the public space is at stake and not in building empty parks to museumficate a troubled past, as has been often the case in Beirut. In an open conversation, people will continue contesting the legacy and appropriating the memory not as a distant past, but as their own.
The case of Lebanon remains precarious: Lebanon’s clergy has recently united in a call for more censorship; and today it was revealed that the security services summon people for interrogation over what they have posted on their Facebook accounts; HRW condemned the performance of homosexuality tests on detainees in Lebanon, even though this sparked a debate and a discussion on the topic ensued at the seminar “Test of Shame” held at Université Saint-Joseph in Beirut and the Lebanese Medical Society held a discussion in which they concluded those tests are of no scientific value.
In a country like Lebanon, plagued by decades of war and violence, as Samer Daboul has said in his film, people are more than often engaged at survival and just at that – surviving from one war to another, from one ruler to another, from one abuse to another, and as such, the responses of society to the challenges of the times are of an entirely secondary order. But what he has done in his films is what we, those who still have a little faith in Lebanon, should have as a principle: “It’s time to live. Not to survive”.
-Arie Amaya-Akkermans
Sign up for HAC News
Recent Comments
- Homepage on Can We Know Ourselves?
- michael kraft on The Delusion of the Omnipotence
- michael kraft on The Delusion of the Omnipotence
- Eugenia on The Alternative to Forgiveness
- On MOOCs; and some possible futures for higher ed | noelbjackson on On MOOCs; and Some Possible Futures for Higher Ed
Archives
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- May 2011
- April 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- April 2010
Tags
Blogroll
- Black Octavo
- Daily Dish
- Fortnightly Review
- Hannah Arendt Center
- Hannah Arendt Center Multimedia at Vimeo
- Harpers
- NY Review of Books
- Praxis at Big Think
- The Contemporary Condition
- The Point
- The Relative Absolute
- Via Meadia
- Who's Afraid of Social Democracy?
- WordPress Blog
- WordPress Planet