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William Kurt Black (born September 6, 1951) is an American lawyer, academic, author, and a former bank regulator. Black's expertise is in
white-collar crime The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as " ...
,
public finance Public finance is the study of the role of the government in the economy. It is the branch of economics that assesses the government revenue and government expenditure of the public authorities and the adjustment of one or the other to achie ...
, regulation, and other topics in law and economics. He developed the concept of "
control fraud Control fraud occurs when a trusted person in a high position of responsibility in a company, corporation, or state subverts the organization and engages in extensive fraud for personal gain. The term "control fraud" was coined by William K. Blac ...
", in which a business or national executive uses the entity he or she controls as a "weapon" to commit fraud.


Background

Black earned a J.D. from the
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law ( ...
and a Ph.D. from the
University of California, Irvine The University of California, Irvine (UCI or UC Irvine) is a public land-grant research university in Irvine, California. One of the ten campuses of the University of California system, UCI offers 87 undergraduate degrees and 129 graduate and p ...
. Black is currently an Associate Professor of Economics and Law at the
University of Missouri-Kansas City A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, the ...
in the Department of Economics and the
School of Law A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...
. He was the executive director of the Institute for Fraud Prevention from 2005 to 2007 and previously taught at the LBJ School of Public Affairs at the
University of Texas The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
, and at
Santa Clara University Santa Clara University is a private Jesuit university in Santa Clara, California. Established in 1851, Santa Clara University is the oldest operating institution of higher learning in California. The university's campus surrounds the historic M ...
. Black was litigation director for the
Federal Home Loan Bank Board The Federal Home Loan Bank Board (FHLBB) was a board created in 1932 that governed the Federal Home Loan Banks (FHLB or FHLBanks) also created by the act, the Federal Savings and Loan Insurance Corporation (FSLIC) and nationally-chartered thrif ...
(FHLBB) from 1984 to 1986, deputy director of the
Federal Savings and Loan Insurance Corporation The Federal Savings and Loan Insurance Corporation (FSLIC) was an institution that administered deposit insurance for savings and loan institutions in the United States. History Establishment The FSLIC was established by the National Housing Act ...
(FSLIC) in 1987, and Senior VP and the General Counsel of the Federal Home Loan Bank of San Francisco from 1987 to 1989, which regulated some of the largest thrift banks in the U.S.


Savings and loan scandal

Black was a central figure in exposing Congressional corruption during the Savings and Loan Crisis. He took the notes during the
Keating Five File:AlanCranston.jpg, Alan Cranston (D-CA) File:Dennis DeConcini.jpg, File:John Glenn Low Res.jpg, John Glenn (D-OH) File:John McCain.jpg, John McCain (R-AZ) File:Riegle2.jpg, Donald Riegle (D-MI) The Keating Five were five United States Se ...
meeting that were later published in the press, and brought the event to national attention and a congressional investigation. According to
Bill Moyers Bill Moyers (born Billy Don Moyers, June 5, 1934) is an American journalist and political commentator. Under the Johnson administration he served from 1965 to 1967 as the eleventh White House Press Secretary. He was a director of the Counci ...
,
The former Director of the Institute for Fraud Prevention now teaches Economics and Law at the University of Missouri, Kansas City. During the savings and loan crisis, it was Black who accused then-house speaker
Jim Wright James Claude Wright Jr. (December 22, 1922 – May 6, 2015) was an American politician who served as the 48th speaker of the United States House of Representatives from 1987 to 1989. He represented Texas's 12th congressional district as a ...
and five US Senators, including
John Glenn John Herschel Glenn Jr. (July 18, 1921 – December 8, 2016) was an American Marine Corps aviator, engineer, astronaut, businessman, and politician. He was the third American in space, and the first American to orbit the Earth, circlin ...
and
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
, of doing favors for the S&L's in exchange for contributions and other perks. The senators got off with a slap on the wrist, but so enraged was one of those bankers,
Charles Keating Charles Humphrey Keating Jr. (December 4, 1923 – March 31, 2014) was an American sportsman, lawyer, real estate developer, banker, financier, conservative activist, and convicted felon best known for his role in the savings and loan sca ...
— after whom the senate's so-called "Keating Five" were named — he sent a memo that read, in part, 'get Black — kill him dead.' Metaphorically, of course. Of course.


Financial crisis of 2007–2008 Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of fi ...


''Bill Moyers Journal'' appearances

On April 3, 2009 Black appeared on ''
Bill Moyers Journal ''Bill Moyers Journal'' was an American television current affairs program that covered an array of current affairs and human issues, including economics, history, literature, religion, philosophy, science, and most frequently politics. Bill Mo ...
'' on
PBS The Public Broadcasting Service (PBS) is an American public broadcaster and non-commercial, free-to-air television network based in Arlington, Virginia. PBS is a publicly funded nonprofit organization and the most prominent provider of educati ...
and provided critical commentary on the U.S. banking crisis. Black asserted that the banking crisis in the US that started in late 2008 is essentially a big Ponzi scheme; that the " liar loans" and other financial tricks were essentially illegal frauds; and that the triple-A ratings given to these loans was part of a criminal cover-up. He said that the " Prompt Corrective Action Law" passed after the Savings and loan crisis mandated that ailing banks should be put into
receivership In law, receivership is a situation in which an institution or enterprise is held by a receiver—a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights"—especially in ca ...
. Black also stated that trying to hide how bad the situation is will simply prolong the problem, as happened in Japan and resulted in Japan's lost decade. Black stated that
Timothy Geithner Timothy Franz Geithner (; born August 18, 1961) is a former American central banker who served as the 75th United States Secretary of the Treasury under President Barack Obama from 2009 to 2013. He was the President of the Federal Reserve Bank of ...
was engaged in a cover-up, and that the administration did not want people to understand what went wrong or how bad the banking situation was. On April 23, 2010, Black was again interviewed by Moyers to update the public's understanding of the financial crisis.


Testimony before Congress on the bankruptcy of Lehman Brothers

On April 20, 2010, Black testified before the
House Financial Services Committee The United States House Committee on Financial Services, also referred to as the House Banking Committee and previously known as the Committee on Banking and Currency, is the committee of the United States House of Representatives that oversees t ...
in a hearing titled "Public Policy Issues Raised by the Report of the Lehman Bankruptcy Examiner." He testified about the role that
Alt-A An Alt-A mortgage, short for Alternative A-paper, is a type of U.S. mortgage that, for various reasons, is considered riskier than A-paper, or "prime", and less risky than " subprime," the riskiest category. For these reasons, as well as in some c ...
mortgages, what he called "liars' loans," on residential real estate played in the downfall of Lehman Brothers. His testimony was that "Lehman's failure is a story in large part of fraud. And it is fraud that begins at the absolute latest in 2001, and that is with their subprime and liars' loan operations." As explained in his prepared statement, his reference was to Aurora Loan Services, Inc., which was a subsidiary of Lehman: "Lehman's principal source of (fictional) income and real losses was making (and selling) what the trade accurately called 'liar's loans' through its subsidiary, Aurora. (The bland euphemism for liar's loans was '
Alt-A An Alt-A mortgage, short for Alternative A-paper, is a type of U.S. mortgage that, for various reasons, is considered riskier than A-paper, or "prime", and less risky than " subprime," the riskiest category. For these reasons, as well as in some c ...
.') Liar's loans are 'criminogenic' (they create epidemics of mortgage fraud) because they create strong incentives to provide false information on loan applications." On the same page in his prepared testimony Black referenced an article from the ''
Denver Post ''The Denver Post'' is a daily newspaper and website published in Denver, Colorado. As of June 2022, it has an average print circulation of 57,265. In 2016, its website received roughly six million monthly unique visitors generating more than 13 ...
'' dated September 16, 2008, the day after Lehman filed for bankruptcy. The article reported on the uncertain fate of Aurora Loan Services, which was based nearby, and quoted Lehman's chief financial officer as saying the previous week that, "The majority of our write-downs were in Alt-A driven by an increase in.. . delinquencies and loss expectations." The article also said that Lehman was "among the first of its peers to originate home loans and securitize them for sale across the globe, and it fueled the growth of the Alt-A loan."


Testimony before Irish Banking Inquiry

Black was invited to testify before the Irish parliament's banking inquiry in February 2015. In his testimony, he described the broad September 2008 Irish bank guarantee, as "the most destructive own goal in history".


Works

* "The U.S. Banking Industry in Transition in Real World Banking", eds. Dan Fireside & Amy Gluckman (''Dollars & Sense'' 2008) * "When Fragile Become Friable: Endemic Control Fraud as a Cause of Economic Stagnation and Collapse", ''White Collar Crimes: a Debate'', K. Naga Srivalli, ed., Hyderabad, India, The Icfai University Press (2007: 162–178) * "Corruption Kills", ''International Handbook of White-Collar Crime'', Henry Pontell & G. Geis eds. (Springer 2007) * "Control fraud v. the protocols", ''Crime, Law & Social Change'', 45(3) (April 2006: 241–258) * * * "Control Fraud as an Explanation for White-Collar Crime Waves: The Case of the Savings & Loan Debacle", ''Crime, Law and Social Change'' 43(1) (February 2005: 1-29) * "The Dango Tango: Why Corruption Blocks Real Reform in Japan", ''Business Ethics Quarterly'' 14(4) (October 2004: 602–623) * "The Imperium Strikes Back: The Need to Teach Socioeconomics to Law Students", ''San Diego Law Review'', No. 1 (Winter 2004: 231–256) * "Beware of Geeks Bearing Gifts: Enron Uses Its High Tech Information System to Defraud", ''CISIC 2003 Conference Symposium'' (McGraw-Hill 2003) * "Re-examining the Law & Economics Theory of Corporate Governance", ''Challenge'' 46(2) (March/April 2003: 22–40) * "A Tale of Two Crises", ''Kravis Leadership Institute Leadership Review'', fall 2002 * "Why do the Non-Heathens Rage?", ''Journal of Criminal Justice and Popular Culture'', 8(3) (2001: 225–276) * "The Savings and Loan Debacle of the 1980's: White-Collar Crime or Risky Business?" (with K. Calavita & H. Pontell) ''Law and Policy'' 17(1) (January 1995: 23–55) * '"Ending Our Forebearers' Forbearances: FIRREA and Supervisory Goodwill", ''Stanford Law & Policy Review'' 102 (Spring 1990) * * *


References


External links

* * , '' The Young Turks (talk show)'', April 6, 2009
"Dollars and Sense, several articles"

2013 TED talk at TEDxUMKC: How to rob a bank (from the inside, that is)
*


"Adam Smith Was Right About Corporate CEO's Incentives Absent Effective Regulation" ... William Black
{{DEFAULTSORT:Black, William K. 1951 births Economists from California American business writers Corporate crime Living people Savings and loan crisis Subprime mortgage crisis University of California, Irvine alumni University of Michigan Law School alumni University of Missouri–Kansas City faculty 21st-century American economists American criminologists