Fifteen years have passed since the Occupy Wall Street movement focused attention on the inequities and hazards of large Wall Street banks, particularly those risky banks with trillions of dollars in derivatives on their books. “Move your money” was the obvious response, but what could local governments do? Their bank accounts were too large for local banks to handle.
Thus was the public banking movement born. The impressive potential of government-owned banks was demonstrated by the century-old Bank of North Dakota (BND), currently the nation’s only state-owned bank. In the last fifteen years, over 100 bills and resolutions for local U.S. government-owned banks have been filed based on the BND model. But while promising bills are still pending, so far the allure of saving money, stimulating the local economy, banking the underbanked and avoiding a derivative crisis has been insufficient to motivate local legislators to pass bills opposed by their Wall Street patrons. State legislators have acknowledged potential benefits, but they have generally not been ready to rock the boat when the situation did not appear to be urgent.
Now, however, Florida Chief Financial Officer Jimmy Patronis has come up with an urgent reason for a state to own its own bank – to avoid bank regulations designed to achieve social or political ends that state officials believe are inappropriate or go too far, including “debanking” vocal opponents of federal policy. The concerns are Constitutional, testing the First Amendment guarantees of free speech, freedom of the press and freedom of religion, and the 10th Amendment right of states and citizens to self-govern in matters not specifically delegated in the Constitution to central government oversight.
Tennessee, Louisiana, West Virginia, Florida, Arizona, Kentucky and Mississippi have also introduced bills to curb debanking on political or religious grounds. This may appear to be divisive — the South is rising again, in a digital civil war — but it is actually a promising development for the public banking movement. Liberal Democratic legislators have not found the will to break free of their Wall Street masters, despite a litany of benefits demonstrated by the stellar BND model. In 1919, North Dakotans mustered the will to form their own state-owned bank because they were being exploited by very large out of state banks. Prominent Florida residents and corporations similarly feel they are being unfairly attacked through their Wall Street bank accounts. Whatever the motivation, if a bold state can show what can be done in the 21th century with its own state-owned bank, others will have precedent to follow.
Florida may run up against Federal Reserve and FDIC rules for obtaining a Fed master account, which is required for the Sunshine Bank to join the federal payment system. But the state has the resources to challenge the Fed in court, and now that “Chevron deference” is no more [see here], the state might actually be able to prevail before the Supreme Court.
The Weaponization of the Dollar
The digital dollar has increasingly become a political weapon. Internationally, it has been used to sanction Russia by confiscating the country’s reserves and blocking Russia’s use of the SWIFT payment system. The result has been the rise of the BRICS alternative trading bloc and its predictable pushback. Central Bank Digital Currencies (CBDCs) could have been a useful tool, but they too have become highly controversial due to their “programmability.” In October 2020, Bank of International Settlements General Manager Agustín Carstens explained that CBDCs would enable central banks to track and control every single transaction. At an International Monetary Fund conference entitled “Cross-Border Payments — A Vision for the Future,” Carstens said:
In cash, we don’t know for example who is using a $100 bill today, we don’t know who is using a 1,000 peso bill today. A key difference with the CBDC is that the central bank will have absolute control on the rules and regulations that will determine the use of that expression of central bank liability, and also we will have the technology to enforce that.
Visions arose of restrictions on travel, free speech, nutrition and personal autonomy.
Even without CBDCs, banks have been used as political tools. In Canada in 2022, at least 76 bank accounts were frozen , totaling CA $3.2 million, linked to truckers protesting vaccine mandates. In the U.K. in 2023, a government investigation was initiated of British debanking practices following the abrupt closure of the account of British politician Nigel Farage. Banks in the U.K. were found to be closing nearly 1,000 accounts daily, with just over 343,000 closed in 2022 compared to about 45,000 in 2017.
Debanking has also been an issue in Florida. In July 2023, Florida state CFO Jimmy Patronis sent a letter to JPMorgan Chase, questioning its decision to abruptly shut down the Florida-based business account of Natural Health Partners, LLC, which owns Mercola Market in Cape Coral. The company’s CEO, CFO and their family members also had their Chase accounts terminated without explanation. The company’s owner, Dr. Joseph Mercola, a critic of COVID-19 vaccines and the U.S. Food and Drug Administration, wrote The Truth About Covid 19, published in April 2021 with a foreword by Robert F. Kennedy Jr.
In response to the Patronis letter, Florida’s Voice reported in August 2023 that Chase had informed the news outlet that the accounts were closed due to the federal government’s “scrutiny” of the customer:
We chose to close these accounts because the customer has been the subject of regulatory scrutiny by the Federal government on multiple occasions … relating to the marketing and sale of consumer products and we have a legal obligation to prevent funds derived from these activities from flowing through our bank.
A February 2021 letter from the FDA advised Mercola to take immediate action to ensure it was in compliance with FDA regulations. However, the FDA regulations themselves have been successfully challenged in court, e.g. with respect to the drug ivermectin. Science is never settled, and it is not properly enforced by the weaponization of banking.
Conservative states including Florida have also challenged the debanking of Christian organizations by JPMorgan Chase. In May 2023, Attorney General Daniel Cameron of Kentucky led a coalition of 19 Republican states including Florida in a letter to Chase CEO Jamie Dimon claiming that Chase had “persistently discriminated against certain customers due to their religious or political affiliation.” Debanking is an issue of free speech, which like freedom of religion is constitutionally protected. By the fall of 2023, Chase changed its position and said it would provide “financial services for individuals and industries across geographies — regardless of political, social, or religious viewpoints.”
Continue reading "The Florida State Sunshine Bank: How a State-Owned Bank Can Protect Free Speech" »
From Web of Debt blog
The Fed’s policy tools – interest rate manipulation, quantitative easing, and “Special Purpose Vehicles” – have all failed to revive local economies suffering from government-mandated shutdowns. The Fed must rely on private banks to inject credit into Main Street, and private banks are currently unable or unwilling to do it. The tools the Fed actually needs are public banks, which could and would do the job.
On November 20, US Treasury Secretary Steven Mnuchin informed Federal Reserve Chairman Jerome Powell that he would not extend five of the Special Purpose Vehicles (SPVs) set up last spring to bail out bondholders, and that he wanted the $455 billion in taxpayer money back that the Treasury had sent to the Fed to capitalize these SPVs. The next day , Powell replied that he thought it was too soon – the SPVs still served a purpose – but he agreed to return the funds. Both had good grounds for their moves, but as Wolf Richter wrote on WolfStreet.com, “You’d think something earth-shattering happened based on the media hullabaloo that ensued.”
Richter noted that the expiration date on the SPVs had already been extended; that their purpose was “to bail out and enrich bondholders, particularly junk-bond holders and speculators with huge leveraged bets”; and that their use had been “minuscule by Fed standards.” They had done their job, which was mostly to be “a jawboning tool to inflate asset prices.” Investors and speculators, confident that the Fed had their backs, had “created wondrous credit markets that are now frothing at the mouth,” making the bond speculators quite rich. However, in Mnuchin’s own words, “The people that really need support right now are not the rich corporations, it is the small businesses, it’s the people who are unemployed.” So why aren’t they getting the support? According to Richter:
The reason the Fed is not well suited to the task is that it is not allowed to make loans directly to Main Street businesses. It must rely on banks to do it, and private banks are currently unable or unwilling to make those loans as needed. But publicly-owned banks would. Fortunately, Several promising public bank bills were recently introduced in Congress that could help resolve this crisis.
The reason the Fed is not well suited to the task is that it is not allowed to make loans directly to Main Street businesses. It must rely on banks to do it, and private banks are currently unable or unwilling to make those loans as needed. But publicly-owned banks would. Fortunately, Several promising public bank bills were recently introduced in Congress that could help resolve this crisis.
But first, a look at why the Fed’s own efforts have failed.
The Fed Lacks the Tools to Inject Liquidity into the Real Economy
Congress has charged the Federal Reserve with a dual mandate: to maintain the stability of the currency (prevent inflation or deflation) and maintain full employment. Not only are we a long way from full employment, but the stability of the currency is in question, although economists disagree on whether we are headed for massive inflation or crippling deflation. Food prices and other at-home costs are up; but away-from-home costs (gas, flights, hotels, entertainment, office apparel) are down. Food prices are up not because of “too much money chasing too few goods” (demand/pull inflation) but because of supply and production problems (cost/push inflation). In terms of “output,” we are definitely looking at deflation. An August 2020 Bloomberg article quotes economist Lacy Hunt:
The Fed’s monetary policies, it seems, are not working. On November 11 and 12, according to Reuters:
The Fed adopted a fixed 2% target in 2012. To achieve it, explains investment writer James Molony, they “have implemented unprecedented policies. Interest rates have been slashed, in some cases to near zero, and they have engaged in printing money in order to buy bonds and other assets, otherwise known as quantitative easing.”
Lowering the interest rate is supposed to encourage lending, which increases the circulating money supply and generates the demand necessary to prompt producers to increase GDP. But the fed funds rate, the only rate the central bank controls, is nearly at zero; and the equivalent rates in the European Union and Japan are actually in negative territory. Yet in none of these three countries has the central bank been able to reach its inflation target.
The Fed has now resorted to “average inflation targeting” – meaning it will allow inflation to run above its 2% target to make up for periods when inflation was below 2%. To turn up the economic heat, Chairman Powell has been pleading for more stimulus from Congress. If Congress issues bonds, increasing the federal debt, the Fed can buy the bonds; and the money spent into the economy will increase the money supply. But federal legislators have not been able to agree on the terms of a stimulus package.
Why can’t the Fed do the job though itself? In a speech to the Japanese in 2002, former Fed Chairman Ben Bernanke argued (citing Milton Friedman) that it was relatively easy to fix a deflationary recession: just fly over the people in helicopters and drop money on them. They would then spend it on consumer goods, creating the demand necessary to prompt productivity. So where are the Fed’s helicopters?
“The Fed Doesn’t ‘Do’ Money.”
In a recent article titled “Where Is It, Chairman Powell?”, Jeffrey Snider, Head of Global Research at Alhambra Investments, questioned whether the Fed’s policies were creating inflation as alleged at all. He wrote:
The problem, said Snider, is that “The Fed doesn’t do money, therefore there’s no way the Fed can have its monetary inflation.”
The Fed doesn’t “do” money? What does that mean?
As explained by Prof. Joseph Huber, chair of economic and environmental sociology at Martin Luther University of Halle-Wittenberg, Germany, we have a two-tiered money system. The only monies the central bank can create and spend are “bank reserves,” and these circulate only between banks. The central bank is not allowed to spend money directly into the economy or to lend it to local businesses. It is not even allowed to lend it directly to Congress. Rather, it must go through the private banking system. When the central bank buys assets (bonds or debt), it simply credits the reserve accounts of the banks from which the assets were bought; and banks cannot spend or lend these reserves except to each other. In an article titled “Repeat After Me: Banks Cannot And Do Not ‘Lend Out’ Reserves,” Paul Sheard, Chief Global Economist for Standard & Poor’s, explained:
The deposits circulating in the producer/consumer economy are created, not by the Fed, but by banks when they make loans. (See the Bank of England’s 2014 quarterly report here.) The central bank does create paper cash, but this money too gets into the economy only when other financial institutions buy or borrow it from the central bank in response to demand from their customers. The circulating money supply increases when banks make loans to businesses and individuals; and in risky environments like today’s, private banks are pulling back from Main Street lending, even with massive central bank reserves on their books.
The Tools the Fed Needs to Get Liquidity into the Economy
Private banks are not following through on the Fed’s attempted money injections, but publicly-owned banks would. In countries with strong government-owned banking systems, public banks have historically increased their lending when private banks pulled back. Public banks have a mandate to stimulate their local economies; and unlike private banks, they can do it and still turn a profit, because they have lower costs. They have eliminated the parasitic profit-extracting middlemen, and they do not have to focus on short-term profits to please their shareholders. They can pour their resources into improving the long-term prospects of the economy and its infrastructure, stimulating local productivity and strengthening the tax base.
Three promising new bills are before Congress that would facilitate the establishment of a public banking system in the US.
HR 8721, “The Public Banking Act”, was introduced on Oct. 30, 2020. As described on Vox, the Act would “foster the creation of public [state and local government-owned] banks across the country by providing them a pathway to getting started, establishing an infrastructure for liquidity and credit facilities for them via the Federal Reserve, and setting up federal guidelines for them to be regulated. Essentially, it would make it easier for public banks to exist, and it would give some of them grant money to get started.”
Another bill, introduced in September by Sens. Bernie Sanders and Kirsten Gillibrand, is The Postal Banking Act, which the authors said would
The third bill, HR 6422, “The National Infrastructure Bank Act of 2020,” is modeled on Franklin Roosevelt’s Reconstruction Finance Corporation, which funded the rebuilding of the US economy in the Great Depression of the 1930s. According to its advocates, HR 6422 will build or restore over $4 trillion in infrastructure and create up to 25 million union jobs, while being “revenue neutral” (not burdening the federal government’s budget). The promise of HR 6422 and the model of the “American System” that inspired it – the innovative banking systems of Alexander Hamilton, Abraham Lincoln and Franklin Roosevelt – will be the subject of another article.
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This article was first posted on ScheerPost. Ellen Brown is an attorney, chair of the Public Banking Institute, and author of thirteen books including Web of Debt, The Public Bank Solution, and Banking on the People: Democratizing Money in the Digital Age. She also co-hosts a radio program on PRN.FM called “It’s Our Money.” Her 300+ blog articles are posted at EllenBrown.com.
Filed under: Ellen Brown Articles/Commentary | Tagged: Federal Reserve, public banking, quantitative easing, Special Purpose Vehicles | 6 Comments »