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Will the Mortgage Industry Pay for Its Crimes?

By Danny Schechter, AlterNet. Posted May 9, 2008.


Borrowers are being crushed under the credit crisis. Someone needs to pay.

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There is a time in the life of every writer when you find yourself fearing that you have become a robo call phone machine -- repeating the same message over and over and with diminishing results.

That's how I felt after 8 months of silence after labeling the credit crisis a "subcrime" scandal, lashing out at the fraudulent activity at its core and calling for the investigation and prosecution of wrongdoers. Almost no media outlets accepted this way of framing the problem, although as usual, the British press was ahead of its American cousins in putting the blame on the bankers, not the borrowers.

When the FBI announced a probe of 14 mortgage companies, I thought that finally some investigators were on the case. But then, word leaked that they were only going after small fish even as big banks reported losses in the billions.

Bank robberies have always been up the FBI's alley, and after all, this is a bank heist case, perhaps one of the biggest in history. Only it was the banks that were doing the heisting.

The New York Times reported May 5th that a new criminal investigation was finally underway.

A G-Man explained anonymously: "The latest inquiry is broader and deeper. This is a look at the mortgage industry across the board, and it has gotten a lot more momentum in recent weeks because of the banks' earnings shortfall."

At last, institutional fraud may be on the agenda. At last, deeper questions are being asked. There have been some Congressional hearings but so far none have risen to a Watergate-type level prompting in-depth investigations fueled by subpoenas.

Slowly, oh so slowly, news outlets are recognizing this is a big crime story, one they missed for years, or at least since 2002 when subprime securities started being packaged for sale.

Reports the Washington Independent:

"As loans made to borrowers with decent credit begin to fail at a surprisingly rapid rate, it's becoming clear that widespread fraud helped support the entire mortgage system -- from borrowers who lied on their loans, to brokers who encouraged it, to lenders who misled some low-income borrowers, to the many lenders, investors and ratings agencies that conveniently and deliberately looked the other way as profits rolled in.

Despite its widespread role, fraud hasn't yet been at the forefront of proposed rescue plans, which center on refinancing people out of loans now resetting to higher rates."

Why would reputable bankers and respected investment houses engage in these dishonest activities? The short answer: money, and lots of it.

Sales from Collateralized Debt Obligations (CDOs) jumped from $157 billion in 2004 to $559 billion in 2006 according to a study for the North Star Fund by Kevin Connor. Ten investment banks in all were underwriters for 70% of some $486 billion in securitizations in 2006.

The banks had a motto: "It's all about capital."

Subprime-related securities produced large multi-million dollar bonuses for traders and executives as well as high revenues for the firms. In the years when business was booming CEOs at big firms were making $10 to $50 million annually apiece. Collectively, in 2006, a year before their fall, the big banks earned a stunning $130 billion.

Even after these practices came to light, hefty bonuses continued. Wall Streeters walked away with $31 billion at the end of 2007, only one billion less than the year before. Executives who were fired still received multi-million dollar payoffs.


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Danny Schechter writes a blog for MediaChannel.org. He is the author of Embedded: Weapons of Mass Deception: How the Media Failed to Cover the War on Iraq (Prometheus).

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Enough blame to go around...
Posted by: ahmlco on May 9, 2008 1:52 AM   
Current rating: 4    [1 = poor; 5 = excellent]
"...from borrowers who lied on their loans..."

While the lenders certainly encouraged the borrowers, and while it's certain that some borrowers didn't understand just what they were getting into, I think that there were plenty that did, and as such I think there's more than enough blame to go around.

Just how many people making $45K a year thought that they could actually pay nothing-down with an interest-only 10-year ballon note on a $250,000 house and get away with it?

There's no such thing as a free lunch.

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» RE: nough blame to go around... Posted by: redbird30328
responsibility of professionals
Posted by: richholland on May 9, 2008 3:08 AM   
Current rating: 1    [1 = poor; 5 = excellent]
If you pay a commission to a professional you may expect honesty and knowledge.

so if you are misinformed or having a mortgage to big for your financial possibilities according west eurpean law a judge will help the CONSUMER.
I cannot believe american law is different from justice.

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» Personal Responsibility Posted by: robbie.seal
CommonDreamer
Posted by: CommonDreamer on May 9, 2008 3:09 AM   
Current rating: 5    [1 = poor; 5 = excellent]
It's the bogus economics of this administration in extremis. You do the math: Subprime wages for median and under income borrowers, regressive tax system benefitting only the wealthy, lack of education for ordinary citizens (either by their parents and/or the school system) in finance and what one can really afford, mindless consumerism and keeping up with the Jonese mentaility promulgated by this administration, falsely inflated values for housing based on tax cuts and loose credit for the very wealthy, and the most amoral, greedy and senseless regime ever put into the White House in America's history.

That is some bad math, and I think there should be a retroactive tax levied upon these thieves to help pay for this mess. Consumers need to be educated in personal and market finance, deception and sophistry - all schools should have this in their cirriculum.

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» RE: CommonDreamer Posted by: pfeifer999
I got banned from HuffPo for such 'Radical' thoughts
Posted by: Purple Girl on May 9, 2008 5:31 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Teh medi is not only intentionlly avoiding the conversation about personal responsiblity when it comes to not just the 'brick & Mortar' but the individuals who formulate it's policies and carry out it's Practices.
Yet the media is more then happy to Parrot the mantra, the citizens are irresponsible and must pay the price for their 'greed' of wanting a Home or of using credit to make ends meet every month (due to lose of jobs, or stagnate, dwindling Wages & benefits)
I never remember Co-signing any Loan agreements with Foreign nations. Nor agreeing to be Bankings 'Piggy bank' or Gambling sponsor.
by only focusing on the Corporation and not the individuals we do nothing to really stop these crimes from continuing. A fine to the Inc is a slap on the wrist, a mere dent in their profit margins. However if we hold the top brass criminally liable for these crimes- People may change how their business Practices.Also if we make them Personally responible for paying back Unsecured Loans to the Loan shark Foreign Creditors whos' legal systems are far more harsh then Ours- these gamblers and Con Artists would QUICKLY change their Policies, practices and be more inclined to stay within THEIR budgets! Freeze ,seize and extradict!

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Silverado Savings
Posted by: Cybershaman on May 9, 2008 5:49 AM   
Current rating: 4    [1 = poor; 5 = excellent]
Silverado Savings, owned by Neil Bush, was the first drop in this bucket of fraud. Reagan deregulated the industry and gave the white collar criminals permission to game the system. Behaviors that would have sent them to prison were now legal. Fraud was perpetrated, the savings and loan industry collapsed ... and King George I turned around and dumped a cargo plane full of tax money into the bank accounts of people like his son. So he rewarded them for their fraud and the pattern was set. Rip people off and you will be rewarded twice!
Not only should we go after the con men, but we should go after their enablers too. Pay off the national debt by prosecuting those responsible for it.

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» RE: Silverado Savings Posted by: Cybershaman
The Game is Rigged
Posted by: Southern Gal on May 9, 2008 6:10 AM   
Current rating: 5    [1 = poor; 5 = excellent]
The financial game is rigged. Everything centers around the stock market. If the stock market is doing well, the economy is said to be doing well. If the stock market is way down, lower the interest rates again. We see the corruption in the financial institutions, who instead of having to live up to their obligations are bailed out by the so called Federal Reserve. Ordinary people go into bankruptcy and foreclosure, with no help, but a lot of talk about help from Congress. The whole system needs to be regulated and the guilty made accoutable for their part in this mess. There is plenty of guilt to go around among the Federal Reserve, the government, the stock market, the financial institutions, the lenders and the borrowers.

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Agreed
Posted by: clvngodess on May 9, 2008 6:58 AM   
Current rating: 3    [1 = poor; 5 = excellent]
And and it's not like there were tons of those 45k folks out there buying up 250k homes on 10 balloon mortgages. Had the lending industry not been deregulated in the first place, the predators would have been forced to actually lend what people were able to pay back.

I'm sick of folks blaming the victims when the banks hold a great deal of the responsibility here. They had the power to accept or deny the note in the first place. And yet, indeed, it's the tax payers who will pay for their bail out while others will end up in foreclosure or worse. What sham.

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» The only victims in this Posted by: robbie.seal
Greedy Bankers and Financiers Getting the "Last Word"
Posted by: sofla100 on May 9, 2008 7:03 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Although Warren Buffet is part of the top 1% in America (that owns over 1/3rd of America's wealth), at least the man does have a bit of a conscience. I know he was outraged that the rich in America pay a lower percentage of total income in taxes then the middle class and the poor. But, at any rate, why is the US gov and federal reserve giving big loans at very low interest rates to the big banks and mortgage companies? Why the bail outs for the rich and the wealthy and nothing much more then lip service for the poor and middle class. Face it, bankers and financiers ALWAYS have had access to credit and employment histories. It's called making phone calls, the internet, and dozens of private companies that specialize in collecting this information. Point is, they simply choose to ignore derogatory or negative information on people when issuing loans. They were just concerned about the commissions they would get on the loans. So, who is to blame?, the loan orginators and backers are the buyers. They should pay the price. Time to confiscate their assets and posessions.

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The Mongoose Trick - speaking truth to tyranny & tyrants
Posted by: Spock on May 9, 2008 7:49 AM   
Current rating: 5    [1 = poor; 5 = excellent]
When the Savings and Loan crisis of the eighties and nineties occurred, who paid then -to the tune of a hundred fifty or sixty billion? Who always pays when the rich man wants to take a shortcut to the public's money? How does it always happen? Enjoy this "free market" capitalism, folks - there's more coming. Until one or a very few have all the congress in their pocket - and, of course, all the money.

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The Mongoose Trick - speaking truth to tyranny & tyrants
Posted by: Spock on May 9, 2008 7:52 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
When the Savings and Loan crisis of the eighties and nineties occurred, who paid then -to the tune of a hundred fifty or sixty billion? Who always pays when the rich man wants to take a shortcut to the public's money? How does it always happen? Who will come out of it all smelling like a rose – fat, happy, and richer? Guess (hint: Where will all the taxpayer bail out money go? When house is foreclosed upon, who gets the house to resell?) Enjoy this "free market" capitalism, folks - there's more coming. Until one or a very few have all the congress in their pocket - and, of course, all the money

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Waaa!
Posted by: buddyedgewood on May 9, 2008 8:02 AM   
Current rating: 3    [1 = poor; 5 = excellent]
The lender told me to lie on my loan application! I don't know wrong from right!

I'm a real estate speculator and now I'm in foreclosure, I demand someone bail me out!

Just playing devil's advocate for a moment: if we don't bail out the big banks involved in this mess, there will be no U.S. economy. You think things are bad right now? Just think about how bad it would be if all the big banks suddenly went out of business... Can you say Great Depression v2.0?

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» RE: Waaa! Posted by: fatbradley
» Hey cockroach! Posted by: LMNOP
» RE: Hey cockroach! Posted by: asilsfable
The Mortgage Industry NEVER paid for its crimes or share of, and never will.
Posted by: maxpayne on May 9, 2008 9:15 AM   
Current rating: 3    [1 = poor; 5 = excellent]
And don't expect either the GOP or Dems to touch them with a 1000 ft pole let alone reform the system to make sure both the lenders and borrowers are playing fair.

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You want a government solution?
Posted by: ABetterFuture on May 9, 2008 9:38 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Create and impose upon lenders and borrowers a "Means Test Czar". You then get to have government regulation over the freedom of people to lend and borrow money, in deference to the goals of the government.

That's your answer, whether you like it or not.

Whether the benefits of a stable economy outweigh the costs of reduced freedom of association is up in the air...at this point.

Seriously, you can mathematically determine the relative risk/benefits ratio of lending folks money. The federal government need only create an arbitrary amount to keep risky borrowers from lending from risky lenders, if that's your particular bag.

You'd obviously need to take into account the pet programs of certain groups--i.e., the long-standing promotion of house ownership by taxpayers among veterans, low-income individuals/families, and farmers, if the current model holds any promise for the future.

Aside from that, creating a czar position to determine, objectively, who can pay back a loan and who can't is the easiest solution to the so-called "credit crisis".

I don't favor czar's having authority over our lives, but I sense many of you feel the need for a potentate to tell you whether or not you can actually pay for the home you have agreed to pay for.

So, in typical GWB fashion, here's your answer.

And your sign.

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» solution Posted by: pfeifer999
» OUTSTANDING Comment, Future!!! Posted by: robbie.seal
Duped again
Posted by: shoosta on May 9, 2008 9:47 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Certainly financial institutions knew exactly what they were doing. Unfortunately, borrowers were unaware that they were outgunned and overmatched. The true beginning of this crisis was at the U.S. administration level. The president and the two prior secretaries of HUD pronounced that the number one goal of the administration in regard to housing was ( and, in fact, still remains in 2008) "increased homeownership". How can the White House increase homeownership? The first thing to do is to relax or erase federal lending regulations. The second is to actively recruit borrowers via government funded programs. These two actions allowed the floodgates to open and there were plenty of mainstream banks with their subsidiaries and new start-up lenders to trawl the waters for the suckers. This crisis is no accident. As we all see now, there was and is serious money involved here. Those folks who now find themselves victims were everone unaware of how the mortgage process works. I personally have spoken with many borrowers over the past few years at the height of the borrowing frenzy. Although I would warn people to carefully read all of that mountain of paperwork, consult an attorney or a financial expert, everyone that I spoke with, I mean everyone, told me that they believed that they had a "good" loan and did not need to consult with an expert. The victims of this financial fraud were scammed and many still do not realize what happened to them. Many of the victims would not have qualified for a normal mortgage. Should they have known? Maybe. But the federal agencies definately knew and they not only allowed it to happen, they caused it to happen.

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» RE: Duped again Posted by: camanokat
Homeowners need a break.
Posted by: yellow on May 9, 2008 10:10 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Many Republican now oppose proposed measures to help a number of homeowners facing foreclosure stay in their homes by refinancing their loans with subsidized, lower cost mortgages. The usual cynical arguments about people seeking to "cheat" the generosity of the government are inevitably being trotted out to stop relief efforts for many financially overwhelmed homeowners. WHat is being forgotten is that these homeowners deserve justice because they were the ones who were cheated in the first place by the lending industry." A recent Wall Street Journal estimated that over 60% of those homeowners who signed up for ARM mortgages were actually eligable for better loan terms but were knowingly defrauded of their rights by the lending industry. This needs to be rectified and credit education needs to be provided to the American public. The issue is not just about the US economy which has been thrown into a dangerous crisis due to the machinations of the "wizards of Wall Street." It is also about social justice.

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» RE: Homeowners need a break. Posted by: asilsfable
Suckers one and all
Posted by: frantaylor on May 9, 2008 10:30 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Everyone who got involved in this is a sucker, myself included, as I look at my 401K.

This was a grand scam, and the sad thing is that it was so transparent and obvious that it's embarassing for me to admit that I fell for it.

Not any more. I am taking control of my 401K and I'm going to look much more carefully at where my money is invested.

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» RE: Suckers one and all Posted by: Sushi
GWB is totally involved in this
Posted by: frantaylor on May 9, 2008 10:48 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Listen to his 'Ownership Society' speech, it becomes quite obvious that he was in on this scam from the very beginning.

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everyone pays until everyone wakes up
Posted by: siamdave on May 9, 2008 10:57 AM   
Current rating: 5    [1 = poor; 5 = excellent]
- to the scam of who creates the money in the first place - Banketeering - how the banks have been stealing trillions from you, and the tap is still running

(and then come on down to Green Island for a look at how a sane society operates, free from the capitalist overlords ....

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Look At Canada
Posted by: kilgor on May 9, 2008 11:13 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Sorry for all the folks who lost or about to lose their homes. In Canada and specifically in Quebec where we live, you cannot get a mortage from a legitimate institution i.e bank, trust etc. if you do not give a down payment of at least 25% of the APPRAISED value of the property,not 25% of the SELLING price of the property. If you do not have the 25% down payment, the Canada Mortage and Housing Corporation will provide an insured mortage of up to 90% of the appraised value but will charge higher than current market interest rates. Indeed virtually all legitimate lending institutions will not give a mortage if a second mortage is needed to finance the purchase of a home. If you get financing from a secondary source, that you do not disclose to the lending institution and default on your mortage, the bank gets payed off first and it is up to you to pay off any secondary sources.

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The sub-prime mortgage was driven by venality
Posted by: davewrite on May 9, 2008 11:18 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
After growing wearing of being besieged by online sub-prime mortgage offers, I decided to discourage further offers. I, therefore, filled out a form claiming to be a felon fresh out of prison, that I was totally irresponsible, never held a job for any extended period, and never paid bills on time -- if at all.

It was then that I was flooded with offers -- letting me know that I was dealing with a criminal element.

Having sold many products in my younger years from encylopedias to typewriters to stocks and bonds, I knew the fraulent extremes to which capitalism often goes to fatten wallets, but the financial industry is beginning to make mafiosi look like choir boys.

And Bernake and Co. wish to bail them out.

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» RE:Love the strategy! Posted by: Sushi
Time to end the shell game
Posted by: pfeifer999 on May 9, 2008 11:30 AM   
Current rating: 5    [1 = poor; 5 = excellent]
People want to get pissed off and blame someone. Sure, go after the mortgage lenders if you want, but the manipulators and the crooks have already moved out of that business into something else. They'll go find a different shell game to play.

The *entire* system is a shell game, from giving tax breaks to the rich, to bailing out investment banks, to having the government back mortgage loans, to wars around the world to build empire, the entire thing is possible only because we as citizens have NO IDEA how much we're really paying in taxes.

You want to take away the power brokers' ability to manipulate the system for their own benefit? Get pissed off about the current 64,000 page tax code, filled with loopholes for those who know how to game it.

You want to take the power away from the elites and return it to the voting citizens? Get on your elected representatives' case right now and demand that they cosponsor the FairTax, or you'll vote them out in the very next election.

You want to end the shell game, the only solution is for every one of us to put aside party politics and demand serious tax reform in this country, right now. Visibility in the tax code is the only way we can take away the shells that these people use to play their game.

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Time to be grown ups.
Posted by: robbie.seal on May 9, 2008 12:07 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I was really angry when I heard the banks were going to get bailed out. I personally think their CEO's should have to return their bonuses, for all of the profits they made during this nightmare, before the government even considers a bail out. You bankers made this gamble. You should have to feel the pain from your mistake. That's what being a grown up is.

I also blame the people who took these loans. I bought a house during the "Bubble". I had a banker try to talk me into getting a house loan much higher than what I could afford to pay for. Then he explained that I could do an interest only loan. When I asked what would happen if the property value went down, he laughed and said, "That will never happen." I finished the conversation and found another banker who wouldn't give me bad advice.

I asked the questions and found information. I didn't depend on someone else to do my thinking for me. If you are going to be a grown up and do grown up things like buy property, then you have to make sure you know what you are signing up for and that you can afford it. If not, then be a grown up and pay the price for that mistake.

I have a cousin who bought a $700K house on his $50K income. He lied on the application and his bank didn't confirm his income. He has not made one payment since November. Now he wants the government to bail him out. Because the government won't, he's trying to get his mother to do it. I am proud to say that she told him it was time to grow up. He made the mess. He will have to fix it. Let the bank figure out how they are going to get that money out of him. Grown up lessons for all around.

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» 10 Posted by: frantaylor
» RE: 10 Posted by: pfeifer999
GOTTA WONDER
Posted by: VZEQICVA on May 9, 2008 12:13 PM   
Current rating: 5    [1 = poor; 5 = excellent]
It seems that we need more forms of identification and proof of who we are to get on a plane than we need to borrow 1/2 mil to buy a house. ANNA

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Will the mortgage industry pay for their crimes?
Posted by: JimmyVaughan on May 9, 2008 1:13 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Let me give you the short answer: No.

Corporate crime is as "American" as mom, hot dogs and apple pie.

You want to know who will pay for their criminality?

You and me.

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Peg the Sub Primes at 3% above Fed Rate..!
Posted by: TJ-stars4peace on May 9, 2008 2:56 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The Entire Mortgage Crisis Sub Prime Crisis could have easily been Solved by simply Pegging the sub prime mortgages at 3% above the Fed Rate or even Prime Lending Rate..

This and forgiving all penalties to date over 1/2 of which are illegal anyway as reported..

There could also be a floor or basement that these are not to fall below 6.25 % and that's all it would have taken and not one dime of tax Payer money would have been involved to bail either side borrowers or lenders out..

Why didn't Obama endorse this simple solution..?

Cause he didn't think of it or respond to the multiple times I sent it to him..!

We have to also end the loan sharking of the credit card companies..

Lock the top rate for credit cards at 15% ..we need usery laws in this country to not have them is completely immoral..!

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Eat the rich, blow up a hummer, BBQ a banker/oilman/corporatist ceo/
Posted by: thekidde on May 9, 2008 4:48 PM   
Current rating: 3    [1 = poor; 5 = excellent]
.

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rn
Posted by: mnatra on May 9, 2008 7:48 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
So what is new.

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Get be prepared for the SECOND GREAT DEPRESSION
Posted by: realistic on May 12, 2008 7:59 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I found www.RunOnTheBank.org which is one of many websites set up to provide information so that we can be prepared for the next economic depression. They have everthing from "depression era recipes" to the Deja Vu of old news headlines. It looks like 1929 all over again.

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