Dick Durbin quite rightly made the point that "the bankers shouldn’t write the agenda for the United States Senate." But they do, and they’re celebrating today after successfully killing "cramdown," or mortgage write-down in bankruptcy that would stop 20% of foreclosures without any cost to taxpayers.

I want to give a special shout-out to the Mortgage Bankers Association for this video (h/t Ryan Grim). Please watch it, because I could write a thousand posts and not describe how thoroughly venal and arrogant they are as they celebrate millions of Americans who will be turned out of their homes as a result of their efforts:

Who are the Mortgage Bankers Association?

Well, they describe themselves as "the national association representing the real estate finance industry." They’re lobbyists. They were good friends of the Bush White House and worked with Karl Rove to privatize Social Security.

Shortly after 9/11, the Bush administration reassigned 2/3 of the white collar crime division (2500 agents) of the FBI to investigate terrorism. According to Bill Black, they never replaced them, so the FBI formed a strategic partnership with the Mortgage Bankers Association. As Bill says, huge mistake:

The FBI erred by partnering with the Mortgage Bankers Association (MBA)—which represented the worst control frauds. The MBA’s priority was blocking regulation of mortgage banking—not stopping mortgage fraud.

Bill calls the MBA "the trade association of the perps." You can listen to him here talking about the "epidemic of mortgage fraud" that everyone knew about at an early stage. But the FBI "misdiagnosed the problem" — despite the fact that an MBA study revealed that 80% of all mortgage fraud was "induced by the lenders," the MBA focused investigations on borrower fraud:

Black estimates there are as many as 500,000 cases of mortgage fraud that need to be investigated. Furthermore, such extensive mortgage fraud led to accounting fraud, which led to securities fraud at any/all publicly traded mortgage lenders. As with the FBI, the SEC was "completely ineffective" in stopping such crimes, much less investigating them now, he says.

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It is for these reasons Black says the FBI’s current level of 800 cases per year is "no longer symbolic prosecutions, it’s shambolic prosecutions."

The MBA PAC spent $1,138,723 on contributions to federal candidates last year. But that’s only a small part of the story. They also gave heavily to candidate PACS and spent $4,213,000 on lobbying.

When Kanjorski’s Luis Gutierrez’s House Finance subcommittee held a hearing on "The Current State of the American Mortgage Lending System and Proposals to Reform that System" on March 11 of this year, who gave testimony before them?

David G. Kittle, Chairman of the MBE (PDF). Yes, that’s right. The people who led us into this mess are now telling us how we have to fix it.

When Kanjorski was in trouble in 2008, the FIRE lobby (finance, insurance, real estate) dumped $755,000 into his campaign. They want their seat at that particular table, they’re going to get it. It’s nothing new. They’re testifying before congress all the time.*

I could go on and on. You write about this stuff all the time and you see it just never ends.

Next up: who’s behind the MBA.

Correction:  Kanjorski’s Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises did not hold the March 11 hearing at which Kittle spoke.  They have however heard testimony from MBE in the past (3/12/2007).   Rep. Kanjorski’s office notes that the Center for Public Integrity singled him out for praise as "the most vocal proponent for stronger regulation, proposing legislation in 2007 that would have set stiffer appraisal independence standards" (more here).  He was also a co-sponsor of Ney-Kanjorski, which the MBE also supported.

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