How tough is Obama's new economic tough guy?
By Alyssa A. Lappen
FrontPageMagazine | Dec. 10, 2008
The
first market day after President-elect Obama announced plans to
appoint Federal Reserve Bank of New York president Timothy Geithner
as Secretary of the U.S. Treasury, U.S. equities rose 6.5%. Pundits
praised
his experience handling crises and understanding of the troubled
economy. But possibly, the market hoopla was premature, or even
unwarranted. Some analysts seek his retirement.
As
turmoil built, Geithner criticized Wall Street's self-regulatory
system, negative incentives and market forces, sought tighter
supervision and berated insufficient “derivative securities”
regulation and “credit-default” swaps allowing investors to
“insure” against loses---only to fail. The Treasury Department's
former attaché to the
International Monetary Fund had overseen U.S. responses to the 1990s
Mexican, Indonesian and Korean bailouts. But at the Fed, Geithner did
not use
regulatory powers to check abuses, or advocate for more regulation,
impartial supervision or new laws. He even concluded that markets
were improving---and after Bear
Stearns' collapse confessed, nobody “understands [the causes] yet.”
Worst
of all, since Nov.
2003,
Geithner let dangerous new Islamic and shari'a-based
securities, markets and financial institutions gain business
currency---despite the Fed's role
in
U.S. monetary policy, currency distribution, government securities
markets, legal
supervision,
regulatory enforcement, bank and capital markets investigation,
foreign accounts and a payments mechanism handling over $4 trillion
daily in funds and securities transfers. Not to mention Fed
officials' admitted lack of understanding.
On
July 1, 2004, eight months after Geithner assumed command, the New
York Fed hosted Asim Ghanfoor (sic), AG Group founder and managing
director,
to address its Seventh Annual Global Economic Forum on “ABCs
of Islamic Financing”
and Islam's increasing global financial role. A month later, Senators
Charles Grassley
and John Kyl identified Ghafoor as a representative of Boston's
terror-funding Boston's Care
International,
the Global Relief Foundation (GRF) and the Al
Harimain Islamic Foundation,
which the U.S. Treasury specially designated a terrorist organization
in September 2004 and again in June
2008.
Given Ghafoor's connections, how could the Fed have featured him,
much less warmly accepted Islamic finance?
In
fairness, the New York Fed began authorizing obscure shari'a
banking institutions, structured shari'a issues, and opaque
Islamic securities trading long before Geithner arrived. “Islamic
bankers have been quite ingenious in developing financial
transactions that suit their needs,” New York Fed first vice
president Ernest
T. Patrikis
told an Islamic Finance conference in May 1996. “We bank
supervisors, too, can be ingenious and will want to work with any of
you should you decide that you want to engage in Islamic banking”
in the U.S.
The
dangers of Islamic finance should have been apparent. From
1996
on, all 12 Federal Reserve banks received, and were charged to
enforce many Treasury Department Office
of Foreign Assets Control
circulars designating Islamic groups and banks as terrorist-financing
institutions, organizations and individuals. In 1998, OFAC warned the
Fed against transactions with Osama bin Laden and his affiliates, in
1999 froze Taliban
assets, in 2002 reminded banks to check customers against known
terrorist
lists and in 2003 warned against trading with any unnamed
counter-party.
Meanwhile,
had the Fed only noticed, there were warning signs elsewhere too. In
1999, Saudi scholar Mohammad
Nejatullah Siddiqi
proposed at Harvard that banning interest would “cure the ills of
contemporary finance,” “create a safer, saner financial world,”
incorporate the “institution of waqf [Islamic trust]” in
economics and create “morally inspired” behavior. In 2001,
Siddiqi
openly labeled
shari'a finance a revolution-driver---an “universal
endeavor” to replace “excesses of capitalism.”
Alarm
bells should have gone off at a New York Fed event on Nov.
21, 2002,
furthermore, where shari'a banking proponent Wafiq Fannoun
described Islam as “Peace through submission to Allah (God),
however, “revelation-based [the Qur'an, Hadith] ...
complete way of life” --- that is, a system of religious law
proscribed by the U.S. Constitution from inclusion in secular
legislation or regulatory systems. Equally at odds with
Constitutional law and Western capitalism are other Islamic notions
he described---namely that Allah is both creator and “owner”
of all material things, and that “individuals” may not possess
“natural resources important to society.” as “alternative
financing for Muslims” and others recognizing individual ownership
rights.
True, most of that happened before Geithner ran the New York Fed. But after he took the helm in November 2003, the bank missed several still more critical red flags on Islamic banking.
First
came Basel
II Capital Accord,
supposedly designed to strengthen the “regulatory capital
framework” for big international banks. Authorities increasingly
expected to trust banks to internally assess their own credit and
operational risks. However, in July 2004 Switzerland's Bank
for International Settlements
(BIS) reported, 53% of Middle Eastern bank supervisory staffs lacked
the necessary training to meet Basel II's December
2007
deadline. Middle Eastern banks originated and still predominate in
Islamic banking. Nevertheless, by 2007, they still needed
historical data
to fashion reliable risk models but instead counted on “heavy”
collateral and “exceptional” economic conditions to eliminate
risks.
Islamic
institutions had manufactured “special purpose entities”
(SPEs)---renamed, “special-purpose vehicles (SPVs)”--- such as
coincidentally helped destroy Enron. These legal devices restructured
“interest-bearing debt, collecting interest [as] rent or [a] price
mark-up,” Rice University Islamic economics chairman Mahmoud
el-Gamal
warned in May 2007. “Interest-based” Islamic finance equaled
“shari'a arbitrage,” concerned only “religious identity”
and merely employed Western securitization methods to transform
liquid, traceable cash flows from interest-bearing debt into
illiquid, opaque assets.
Shari'a
banking, though, had far fewer regulatory and accounting protections
than sub-prime mortgages---and like “portfolio insurance” in
1987, mortgage-backed bonds in 1994, and sub-prime mortgages in 2008,
could also cause huge market declines. Islamic banking purveyors
admitted shari'a regulations could “override
commercial decisions;”
didn't
“standardize” documentation; and used complex “inter-creditor
agreements” and “off-balance sheet financing.”
Even
hosting hosting Islamic financier Asim Ghafoor, a representative
to three terror-funding organizations,
on July
1, 2004
apparently gave no one inside Geithner's Fed reason to pause from its
rush to further accommodate shari'a banking.
In
March 2005, New York Fed general counsel Thomas
C. Baxter Jr.
asserted the Constitutional “wall of separation between church and
state” Thomas Jefferson had described was “not absolute.” Chief
Justice Warren Burger had in 1984 suggested that the Constitution
“affirmatively mandates accommodation, not merely tolerance, of all
religions,” Baxter told an
Islamic financial industry “Legal Issues” seminar. “[S]ecular
law should ... accommodate differing religious practices,” he
indicated, apparently even if that meant specially excepting Islamic
banking from secular laws and regulations.
In
April 2005, New York Fed executive vice president William
Rutledge
admitted that the bank was “in no position to take a stance on
shari'a interpretation.” He also claimed the bank would hold
Islamic finance to “the same high licensing and supervision
standards” as conventional banks.
Despite
the New York Fed's role as a legal
supervisor
of Islamic banking, neither Rutledge nor Geithner noticed, however,
that shari'a banking, a 20th century “tradition”
invented by the Muslim Brotherhood, can't be severed from Islamic
law---statutes that Mohammed initiated, which caliphs, scholars and
jurists developed over the last 1,400 years. They hold that shari'a
grants Muslims (the ummah) supremacy over all others---along
with all land and property to hold in trust for Allah. Thus as
Fannoun effectively told the Fed in Nov. 2002, land or property, once
conquered or acquired by Muslims (or for Allah), can't generally
revert to their original owners. Shari'a commands Muslims to
wage jihad warfare until they subdue all “infidels” under
universal Muslim rule, as Ibn Khaldun avowed in the Muqaddimah
(trans., Franz Rosenthal,
Princeton Univ. Press, 9th printing, 1989, p. 183).
Confiscating
possessions from non-believers exacts “revenge,” wrote jurist
Abul Hasan al Mawardi (d. 1058). Qur'an 57:2 argued, “To Him
belongs all dominions of the heavens and earth.” Qur'an 59:7
echoed, “That which Allah giveth as spoil [war booty] unto his
Messenger…” Allah authorized 2nd Islamic Caliph, Umar Ibn
Khattab, to confiscate property by force, fulfilling an Islamic
trust, or ruling under Allah’s law. It was thereby just to take
anything from nonbelievers, (The Laws of Islamic Governance,
Taha Publishing, 1996, pp. 207-251) including all territories Islam
ever controlled.
Apparently,
Fed officials also neglected to investigate the alliances and beliefs
of shari'a advisors and their affiliates in the Accounting and
Auditing Organization for Islamic Financial Institutions (AAOIFI)
and Islamic Financial Services Board (IFSB)
standards agencies.
The
shari'a-based Islamic
Development Bank
established the AAOIFI in 1990 to set Islamic finance standards. Its
trustees
include executives of Kuwait Finance
House, Saudi Arabia's Dallah al Baraka Group and al-Rajhi Banking &
Investment Corporation---all implicated in al-Qa’ida and other
terror-funding---and Sudanese (and until recently Iranian) officials,
both U.S. Treasury-sanctioned countries.
Former
Malaysian Prime Minister Mohamed Mahathir in 2002 christened IFSB “a
universal Islamic banking system” and “a jihad worth pursuing….”
Its board members include the terror-funding Iranian, Sudanese and
Syrian central banks and
Palestinian
Monetary Authority.
Yusuf
Qaradawi, an U.S.-designated foreign terrorist barred entry since
1999 for example, supports wife-beating, suicide bombings, murder of
American military forces and female suicide “martyr
operations.”
A large shareholder of Al
Taqwa Bank,
Qaradawi also chairs the recently designated terrorist-funding Union
of Good “charity,”
Qatar
National Bank,
its al-Islami subsidiary, Qatar Islamic Bank, and Qatar
International Islamic Bank---and
follows AAOIFI standards he helped create.
Similarly,
Dow Jones Islamic Market Indexes (DJIM)
shari'a board uses “stringent
and published”
methods to determine “compliance of index-eligible companies.”
But its industry screens, financial ratios and biographies
omit advisors’ affiliations or beliefs. Dow Jones Citigroup Sukuk
Index (DJCSI)’s shari'a board certifies Islamic asset-backed
bonds if structures meet “AAOIFI standards” and shari'a
principles,
but don't mention AAOIFI history or governance.
Until
July
2008,
shari'a banks, the Dow Jones Islamic Index board and an
North American Islamic Trust (NAIT) fund also employed a 20-year
veteran of Pakistan’s Shari'a Supreme Court, former judge
Taqi
Usmani,
who taught at the Taliban spawning ground, Jamia
Darul Uloom Karachi,
headed the AAOIFI
religious board,
endorsed suicide bombing, and in 2007 advised U.K. Muslims to impose
shari'a when their numbers suffice.
Shari'a
finance advisor Muslim Brother Yusuf Talal DeLorenzo advised
Pakistan's tyrannical Zia
ul-Haq from 1981 to 1984,
and ran the Virginia Islamic Saudi Academy
educational program cited in 2008 for using
hateful Islamic texts.
Trained at Karachi's terror-espousing
Jamia Al Alomia Al Islamia, he served the Muslim Brotherhood
International Institute of Islamic Thought (IIIT)
and from 1989, was secretary to the MB's Fiqh
Council of North America.
Perhaps
Treasury Secretary-designate Geithner seriously meant to keep
Rutledge's promise to grant Islamic financiers no special favors. But
allowing shari'a finance to exist at all is itself a special
favor.
Moreover,
on November 23, 2008 Geithner, Treasury Secretary Henry Paulson and
Federal Reserve Chairman Ben Bernanke agreed to add another $20
billion taxpayer-gilded
bailout
to Citibank's previous $25 billion bailout---and offer $306 billion
in new loans to cover Citi's losses on soured real estate debts and
securities.
Only
three
days earlier
Citigroup uber-shareolder Prince Alwaleed bin Talal, a godfather of
Islamic finance, had announced plans to up his stake in America's
largest (failing and “underpriced”) bank from 4% to 5%. On March
20, 2006, the Saudi Kingdom Holding Co. CEO was “honored for
humanitarian
contribution to Islam”
at a “glittering gala to celebrate excellence in Islamic Finance”
that also featured terror-financier
and
Dallah
al-Baraka
founder and president Saleh
Abdullah Kamel. ____________________________________________________________
Alyssa
A. Lappen is
a former Senior Fellow of the American
Center for Democracy, former Senior Editor of
Institutional Investor, Working Woman and
Corporate Finance,
and former Associate Editor of Forbes. Her website is www.alyssaalappen.org